1. (a) Purpose. Project Access is a program that utilizes federal Section 8 Housing Choice Vouchers administered by the Department to assist low-income persons with disabilities in transitioning from institutions into the community by providing access to affordable housing.

2. (b) Definitions.

   1. (1) Section 8--The United States Department of Housing and Urban Development Section 8 Housing Choice Voucher Program administered by the Texas Department of Housing and Community Affairs (the "Department").

   2. (2) At-Risk Applicant--Applicant that meets the criteria in subparagraphs (A) and (B) of this paragraph:

      1. (A) current recipient of Tenant-Based Rental Assistance from the Department's HOME Investments Partnership Program; and
      2. (B) within one-hundred-twenty (120) days prior to expiration of assistance.
3. (c) Regulations Governing Program. All Section 8 Program rules and regulations apply to the program.
4. (d) Program Design. Twenty percent of Project Access Vouchers will be reserved for persons meeting the Project Access eligibility criteria at or over the age of sixty-two (62) at the time of voucher issuance and eighty percent will be reserved for persons meeting the eligibility criteria under the age of sixty-two (62) at the time of voucher issuance. The number of Project Access Vouchers that correlate with the 20%/80% division will be determined each year in the Departmental Annual Public Housing Agency (PHA) Plan.

5. (e) Project Access Eligibility Criteria. A Project Access voucher recipient must meet all Section 8 eligibility criteria as well as meet all of the eligibility criteria in paragraphs (1) and (2) of this subsection:

   1. (1) have a permanent disability as defined in §223 of the Social Security Code or be determined to have a physical, mental, or emotional disability that is expected to be of long-continued and indefinite duration that impedes one's ability to live independently;

   2. (2) meet one of the criteria in subparagraphs (A) and (B) of this paragraph:

      1. (A) be an At-Risk Applicant and a previous resident of a nursing facility, intermediate care facility, or board and care facility as defined by the U.S. Department of Housing and Urban Development (HUD); or
      2. (B) be a current resident of a nursing facility, intermediate care facility, or board and care facility at the time of voucher issuance as defined by HUD.

Source Note:The provisions of this §5.801 adopted to be effective March 12, 2009, 34 TexReg 1581; amended to be effective December 22, 2010, 35 TexReg 11201.