The Texas Department of Housing and Community Affairs (TDHCA) is releasing a proposed rule action for public comment, as approved by the TDHCA Governing Board on December 7, 2023.

As it relates to Department programs, 10 TAC Chapter 2 governs how enforcement of programmatic requirements are handled. The National Standards for the Physical Inspection of Real Estate (NSPIRE) is the new Housing and Urban Development (HUD) physical inspection standard protocol designed to reduce health and safety hazards in a home. NSPIRE was recently integrated into the Department’s Compliance rules and replaces the Uniform Physical Condition Standards (UPCS) previously used by the Department. References to UPCS will be retained for a period, however NSPIRE is being added to be sure that all types of inspections would be covered. The amendment to the rule adds what the score cut-off must be if the most recent inspection was performed with NSPIRE.

The rule amendment also makes revisions to bring this rule into consistency with changes recently made to Chapter 1, Subchapter C, relating to Previous Participation reviews and removal to references of the now defunct Executive Award Review and Advisory Committee. It will also clarify intent in areas that have caused confusion, and amend the administrative penalty matrix to add an optional daily penalty component for unresolved accessibility noncompliance. Finally, the amendment adds new debarment criteria for failing to correct Events of Noncompliance prior to the expiration of a Land Use Restriction Agreement, and for refusing to correct a physical violation after the rule becomes effective.

The public comment period on this rule begins on December 22, 2023, and ends on January 22, 2024, at 5 p.m., Central Time.

The proposed rule action can be found on the TDHCA Public Comment Center at http://www.tdhca.state.tx.us/public-comment.htm, and is expected to be posted in the Texas Register edition dated December 22, 2023, at http://www.sos.state.tx.us/texreg/index.shtml.

Written comments may be submitted to the Texas Department of Housing and Community Affairs, Attn: Brooke Boston, Rule Comments, at [email protected].