(a) Owner-occupied homes are eligible for Program assistance. In owner-occupied homes, the owner of record must reside in the home as their permanent residence unless otherwise approved by the Department. If the property is family-owned and the owner of record is deceased or not a Household member, the Department may deem the property renter-occupied unless satisfactory documentation is provided to the Department that confirms otherwise.
(b) Certain rental units are eligible for Program assistance and must meet the following requirements:
  (1) In rental units, all Household occupants, including the Person with Disability, must be named on the Program intake application and household income certification.
  (2) The owner of record for the property shall provide a statement allowing accessibility modifications to be made to the property.
(c) The following rental properties are ineligible for Program assistance:
  (1) Property that is or has been developed, owned, or managed by that Administrator or an Affiliate;
  (2) Rental units in properties that are financed with any federal funds or that are subject to 10 TAC Chapter 1, Subchapter B, §1.206 (relating to Applicability of the Construction Standards for Compliance with §504 of the Rehabilitation Act of 1973);
  (3) Rental units that have substandard and unsafe conditions identified in the initial inspection. Program funds may not be used to correct substandard or unsafe conditions in rental units, but may be used for accessibility modifications only after the substandard and unsafe conditions have been corrected at the property owner's expense; or
  (4) Rental units owned by a property owner who is delinquent on property taxes associated with the property occupied by the Household.

Source Note: The provisions of this §26.26 adopted to be effective July 4, 2024, 49 TexReg 4760