Bill Text: TX HB4129 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment of a program administered by the Texas Department of Housing and Community Affairs and certain county housing authorities to incentivize landlords to accept tenants participating in the housing choice voucher program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Urban Affairs [HB4129 Detail]
Download: Texas-2021-HB4129-Introduced.html
87R7275 JAM-F | ||
By: Campos | H.B. No. 4129 |
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relating to the establishment of a program administered by the | ||
Texas Department of Housing and Community Affairs and certain | ||
county housing authorities to incentivize landlords to accept | ||
tenants participating in the housing choice voucher program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter K, Chapter 2306, Government Code, is | ||
amended by adding Section 2306.2586 to read as follows: | ||
Sec. 2306.2586. HOUSING MOBILITY PROGRAM; LOANS AND GRANTS. | ||
(a) The department shall establish a housing mobility program to | ||
provide to county housing authorities of counties with a population | ||
of more than 500,000 loans and grants to incentivize landlords to | ||
accept tenants participating in the housing choice voucher program | ||
under Section 8, United States Housing Act of 1937 (42 U.S.C. | ||
Section 1437f). | ||
(b) The department may use any available revenue, including | ||
legislative appropriations, appropriation transfers from the | ||
trusteed programs within the office of the governor, including | ||
authorized appropriations from the Texas Enterprise Fund, | ||
available federal funds, and any other statutorily authorized and | ||
appropriate funding sources transferred from the trusteed programs | ||
within the office of the governor, to provide loans and grants under | ||
the housing mobility program created under this section. The | ||
department shall solicit and accept gifts and grants for the | ||
purposes of this section. The department shall use gifts and grants | ||
received for the purposes of this section before using any other | ||
revenue. | ||
(c) The department shall adopt rules to govern the | ||
administration of the program, including rules that: | ||
(1) provide for the allocation of any available | ||
funding; and | ||
(2) provide detailed guidelines regarding the scope of | ||
the local programs in the counties described by Subsection (a). | ||
SECTION 2. Subchapter D, Chapter 392, Local Government | ||
Code, is amended by adding Section 392.068 to read as follows: | ||
Sec. 392.068. HOUSING MOBILITY PROGRAM IN CERTAIN COUNTIES. | ||
(a) A county housing authority in a county with a population of | ||
more than 500,000 may apply for and receive loans or grants provided | ||
by the Texas Department of Housing and Community Affairs through | ||
the housing mobility program established under Section 2306.2586, | ||
Government Code, for purposes of incentivizing landlords to accept | ||
tenants participating in the housing choice voucher program under | ||
Section 8, United States Housing Act of 1937 (42 U.S.C. Section | ||
1437f). | ||
(b) An authority shall recruit families and landlords to | ||
participate in the housing mobility program and shall coordinate | ||
the implementation of housing mobility services to assist the | ||
movement of tenants described by Subsection (a) from multifamily | ||
housing into single-family housing under that program. | ||
(c) A landlord may participate in the program only if the | ||
landlord agrees to provide, for a period of not less than three | ||
years, housing in single-family homes to families that: | ||
(1) hold housing choice vouchers or are on the housing | ||
choice voucher waitlist; or | ||
(2) are homeless or at risk of becoming homeless and | ||
qualify for housing choice vouchers. | ||
(d) An authority shall: | ||
(1) conduct an initial inspection and annual | ||
subsequent inspections of each single-family home a landlord | ||
proposes to include in the program; and | ||
(2) coordinate with that landlord with respect to the | ||
time and date of each inspection. | ||
(e) An authority shall prepare and make publicly available | ||
an inspection checklist that: | ||
(1) includes a complete list specifying each item that | ||
is required to be inspected for inclusion of the home in the | ||
program, to determine whether the item is in satisfactory | ||
condition; and | ||
(2) clearly and conspicuously categorizes each listed | ||
item as an item that: | ||
(A) is required to be in satisfactory condition | ||
for the property to pass inspection; | ||
(B) may be in noncompliance only if the landlord | ||
agrees to bring the item into compliance not later than the 30th day | ||
after the date of the inspection; or | ||
(C) may be in noncompliance only if the landlord | ||
agrees to bring the item into compliance before the next annual | ||
inspection. | ||
(f) An authority may award to a landlord a grant in an amount | ||
not to exceed $5,000 to be used to rehabilitate, for purposes of an | ||
initial inspection, any single-family home the landlord proposes to | ||
include in the program. A landlord may not receive more than one | ||
grant under this section for each single-family home proposed for | ||
inclusion in the program by the landlord. If a home for which a | ||
landlord received a grant under this section does not pass the | ||
initial inspection, the landlord must repay the grant not later | ||
than the 30th day after the date of the failed inspection. | ||
(g) An authority shall screen and rank prospective tenants | ||
based on: | ||
(1) credit history; | ||
(2) residential references; | ||
(3) criminal history; | ||
(4) civil judgment history; | ||
(5) employment verification; | ||
(6) household income; | ||
(7) a personal interview with the applicant and any | ||
co-applicant; | ||
(8) a personal statement by the applicant regarding | ||
other household members; | ||
(9) responses to questions tailored to the specific | ||
applicant; and | ||
(10) any additional criteria recommended by landlords | ||
participating in the program. | ||
(h) A prospective tenant who ranks in the top 10 percent of | ||
applicants in the rankings described by Subsection (g) is | ||
automatically eligible to participate in the program. | ||
(i) An authority shall: | ||
(1) require tenants in the program to attend a class | ||
that presents information regarding: | ||
(A) lease requirements and landlord | ||
expectations; | ||
(B) clarification of tenant liabilities | ||
regarding repairs and maintenance; | ||
(C) the importance of property management and | ||
lawn maintenance; | ||
(D) the role of neighborhood associations and | ||
home ownership associations; | ||
(E) utility assistance programs; | ||
(F) early departure consequences; | ||
(G) the tenant eviction process; and | ||
(H) the lease renewal process; and | ||
(2) produce and mail to tenants a quarterly newsletter | ||
containing the same information presented in the class under | ||
Subdivision (1). | ||
(j) For a single-family home that is subject to the program, | ||
a landlord may not charge rent that exceeds: | ||
(1) 120 percent of the median rent for similar units in | ||
the same zip code, if the property is located in a school district | ||
assigned an overall performance rating of A or B for the most | ||
recently completed school year by the commissioner of education | ||
under Section 39.054, Education Code; or | ||
(2) 100 percent of the median rent for similar units in | ||
the same zip code, if the property is located in a school district | ||
assigned an overall performance rating of C, D, or F for the most | ||
recently completed school year by the commissioner of education | ||
under Section 39.054, Education Code. | ||
(k) An authority shall: | ||
(1) collect the tenant's rental deposit and share of | ||
the first month's rent and deliver the deposit amount and full | ||
amount of the first month's rent to the landlord on or before the | ||
move-in date; | ||
(2) deliver the full amount of the monthly rent to the | ||
landlord on or before the first day of each month; and | ||
(3) collect the tenant's share of the monthly rent | ||
within the first five days of the month. | ||
(l) An authority shall receive all complaints by tenants and | ||
landlords and seek amicable and timely resolutions to complaints. | ||
(m) If an action of or failure to take action by a tenant | ||
results in an unpaid fine, fee, or charge assessed by a neighborhood | ||
association, homeowners association, municipal department, county | ||
agency, utility company, or other legal entity against a landlord | ||
with respect to a single-family home that is included in the | ||
program, the authority shall: | ||
(1) pay the fine, fee, or charge; or | ||
(2) reimburse the landlord for the payment of the | ||
fine, fee, or charge not later than the 30th day after the date the | ||
landlord makes the payment. | ||
(n) An authority may initiate an eviction proceeding due to | ||
late payment, nonpayment, noncompliance with the lease, written | ||
request of the landlord, or any other reason considered appropriate | ||
and legal by the authority. | ||
(o) A tenant shall provide notice of any departure or | ||
nonrenewal of a lease on or before the 30th day before the tenant | ||
vacates a single-family home under the program. | ||
(p) In addition to any other amount paid under this section, | ||
an authority may pay to a landlord an amount not to exceed: | ||
(1) two months' rent for lost rent due to tenant | ||
eviction, early lease termination, or last minute nonrenewal of a | ||
lease; and | ||
(2) $2,500 to repair tenant-caused property damage if | ||
the repair costs exceed the tenant's security deposit. | ||
SECTION 3. The Texas Department of Housing and Community | ||
Affairs shall establish the housing mobility program required under | ||
Section 2306.2586, Government Code, as added by this Act, not later | ||
than January 1, 2022. | ||
SECTION 4. This Act takes effect September 1, 2021. |