Cooperative Agreement Documents
As part of the award of funds under the Fiscal Year 2012 Project Rental Assistance Demonstration, HUD requires that TDHCA execute Cooperative Agreement documents.
The Cooperative Agreement documents reflect the Agreement between TDHCA and HUD as part of TDHCA's participation in the Program. Because HUD has not created any program rules, the Cooperative Agreement, per HUD, serves as the governing rules for the program. The Cooperative Agreement includes several Exhibits which are also part of the Agreement. TDHCA is in the process of executing the Agreement and Exhibits, pending resolution of several technical legal considerations within Exhibit 12. The files included are for reference, but are not the final, executed version of the documents. However, the content of the Cooperative Agreement is not expected to have remaining changes that would impact the program design and the expected requirements for participating properties.
The Cooperative Agreement is the contract between TDHCA and HUD as a condition of TDHCA participating in the Section 811 PRA Program. The Cooperative Agreement and the following Exhibits and FAQs act as the prevailing guidance for the program from HUD. The subsequent HUD documents are Exhibits of the Agreement.
The definitions are applicable to the Program and related contracts.
TDHCA was awarded funding under HUD's Notice of Funding Availability for HUD's Fiscal Year 2012 Section 811 Supportive Housing for Persons with Disabilities Project Rental Assistance Demonstration Program. The NOFA contains information, Policy Requirements and announces the availability of Program funding for state housing agencies. As the oldest of the program documents, in some cases, subsequent Questions and Answers on the Cooperative Agreement may clarify or adjust information in the NOFA. If unsure in your review, contact Section 811 Program Staff, Spencer Duran.
The Interagency Agreement was a requirement of the Fiscal Year 2012 NOFA and establishes the partnership between the Texas Health and Human Services Commission and TDHCA. The Interagency Agreement outlines the roles and responsibilities of each Agency, describes the specific target populations eligible for the Program and their respective commitments to provide voluntary services and sets forth methods for outreach and referral.
The Program Description contains general information about Texas' Section 811 PRA Program such as the estimated number of assisted units and key contact information. The final number of assisted units will ultimately vary based on the amount and location of participating Eligible Multifamily Properties, the rents and household incomes of tenants assisted and the timing of lease-up.
TDHCA and Owners must comply with the provisions found in the Program Guidelines; which provide rules and requirements of the program.
TDHCA was required to develop a 20-year budget which includes an estimate of the number of units, expected average subsidy amount, and how the rent level and/or operating subsidy is expected to vary over time. The budget was a very rough estimate provided to HUD of expected activity only. The number of units, the amount of rental assistance and the amount of administrative costs are expected vary from this budget.
This document is the first HUD document of the Cooperative Agreement that requires execution between the Owner and TDHCA. Part I of the Agreement to Enter into a Section 811 Rental Assistance Contract obligates the Owner to enter into a RAC once a participating Eligible Multifamily Property is ready for occupants. Part I will not be utilized as TDHCA has opted for a Participation Agreement in its place. It is possible that a property may execute a Participation Agreement with TDHCA and never be prompted to execute a RAC if no tenants opt to reside in the property. However, a RAC must be executed to receive payment for units.
Owners are required to use the HUD model lease (Form HUD-92236-PRA) which includes terms typically included in leases used in the housing rental industry as well as terms required by HUD.
TDHCA is executing an addendum with HUD as part of the Cooperative Agreement. The Addendum modifies several provisions of the Cooperative Agreement and Exhibits so that the Program complies with state law and facilitates implementation.
HUD Supporting Documentation
TDHCA has developed answers to commonly asked questions about Texas’ Section 811 Project Rental Assistance Program. Contact TDHCA's Section 811 Program Staff for more information.
HUD provided answers to commonly asked questions from states that were awarded funding under the Fiscal Year 2012 Project Rental Assistance Demonstration Notice of Funding Availability. It should be noted that the FAQ may permit options that TDHCA has not included in its program design. Contact TDHCA's Section 811 Program Staff for more information.
HUD Handbook 4350.3 (HUD.gov)
Owners or an Owner's representative such as a property management company are required to use HUD Handbook 4350.3. This handbook may already be in use on properties that have other HUD funding. The handbook describes the occupancy requirements and procedures governing the Section 811 PRA Program, among others. The handbook also addresses the procedures by which households apply for housing and the rights and responsibilities of in-place tenants and property owners.
Notice H 2013-24 provides program occupancy guidance for the Section 811 Project Rental Assistance (PRA) program. The Notice includes Determining Income and Calculating Rent; Special Claims for Vacancy; references to HUD Handbook 4350.3 and information regarding Tenant Rental Assistance Certification System (TRACS).
Program Summary for Interested Parties
TDHCA has developed an overview of the program that can be sent to anyone interested in the Section 811 PRA Program. Additional questions may be directed to TDHCA and HHSC staff responsible for the program.