Sec. 2306.6738. PROHIBITED PRACTICES. (a) Notwithstanding any other law, a development owner of a development supported with a housing tax credit allocation may not:
(1) lock out or threaten to lock out any person residing in the development except by judicial process unless the exclusion results from:
(A) a necessity to perform bona fide repairs or construction work; or
(B) an emergency; or
(2) seize or threaten to seize the personal property of any person residing in the development except by judicial process unless the resident has abandoned the premises.
(b) Each development owner shall:
(1) include a conspicuous provision in the lease agreement prohibiting the owner from engaging in a practice described by Subsection (a); and
(2) remove in the manner specified by department rule any provisions in the lease agreement that are contrary to Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 1423 (S.B. 1717), Sec. 2, eff. September 1, 2009.
Redesignated from Government Code, Section 2306.6736 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(23), eff. September 1, 2011.
Structure Texas Statutes
Subtitle G - Economic Development Programs Involving Both State and Local Governments
Chapter 2306 - Texas Department of Housing and Community Affairs
Subchapter DD. Low Income Housing Tax Credit Program
Section 2306.6702. Definitions
Section 2306.67021. Applicability of Subchapter
Section 2306.67022. Qualified Allocation Plan; Manual
Section 2306.6703. Ineligibility for Consideration
Section 2306.6704. Preapplication Process
Section 2306.67041. On-Line Application System
Section 2306.6705. General Application Requirements
Section 2306.67055. Market Analysis
Section 2306.6706. Additional Application Requirement: Nonprofit Set-Aside Allocation
Section 2306.6707. Additional Application Requirement: Disclosure of Interested Persons
Section 2306.6708. Application Changes or Supplements
Section 2306.6709. Application Log
Section 2306.6710. Evaluation and Underwriting of Applications
Section 2306.6711. Allocation of Housing Tax Credits
Section 2306.6712. Amendment of Application Subsequent to Allocation by Board
Section 2306.6713. Housing Tax Credit and Ownership Transfers
Section 2306.6714. At-Risk Development Set-Aside
Section 2306.6717. Public Information and Hearings
Section 2306.67171. Electronic Mail Notification Service
Section 2306.6718. Elected Officials
Section 2306.6719. Monitoring of Compliance
Section 2306.6720. Enforceability of Applicant Representations
Section 2306.6722. Development Accessibility
Section 2306.6723. Coordination With Rural Development Agency
Section 2306.6724. Deadlines for Allocation of Low Income Housing Tax Credits
Section 2306.6725. Scoring of Applications
Section 2306.6726. Sale of Certain Low Income Housing Tax Credit Developments
Section 2306.6727. Department Purchase of Low Income Housing Tax Credit Property
Section 2306.6729. Qualified Nonprofit Organization
Section 2306.6731. Allocation Decision; Reevaluation
Section 2306.6733. Representation by Former Board Member or Other Person
Section 2306.6734. Minority-Owned Businesses
Section 2306.6735. Required Lease Agreement Provisions
Section 2306.6737. Assistance From American Recovery and Reinvestment Act of 2009
Section 2306.6738. Prohibited Practices
Section 2306.6739. Housing Tax Credits Financed Using Federal Emergency Funds