Section 10.608 - Recordkeeping Requirements(a) Development Owners must comply with program recordkeeping requirements. Records must include sufficient information to comply with the reporting requirements of § 10.607 of this chapter (relating to Reporting Requirements) and any additional programmatic requirements. HTC Development Owners must retain records sufficient to comply with the reporting requirements of Treasury Regulation 1.42-5(b)(1). Records must be kept for each qualified Low-Income Unit and building in the Development, commencing with lease up activities and continuing on a monthly basis until the end of the Affordability Period.(b) Each Development that is administered by the Department must retain records as required by the specific funding program rules and regulations and executed contracts or Land Use Restriction Agreements. In general, retention schedules include, but are not limited to, the provision of subsections (c) - (g) of this section.(c) HTC records must be retained for at least six years after the due date (with extensions) for filing the federal income tax return for that year; however, the records for the first year of the Credit Period must be retained for at least six years beyond the due date (with extensions) for filing the federal income tax return for the last year of the Compliance Period of the building (§1.42-5(b)(2) of the Code).(d) Retention of records for TCAP-RF, HOME, and HOME-ARP rental Developments must comply with the provisions of 24 CFR § 92.508(c), which generally require retention of rental housing records for five years after the Affordability Period terminates. HOME-ARP rental Developments must also comply with HUD CPD Notice 21-10.(e) Retention of records for NHTF must comply with the provisions of 24 CFR § 93.407(b), which generally require retention of rental housing records for five years after the Affordability Period terminates.(f) Retention of records for NSP rental Developments must comply with the provisions of 24 CFR § 570.506, which generally requires retention of rental housing records for five years after the Department has closed out the grant with HUD.(g) THTF rental Developments must retain tenant files for at least three years beyond the date the tenant moves from the Development. Records pertinent to the funding of the award, including, but not limited to, the Application and Development costs and documentation, must be retained for at least five years after the Affordability Period terminates.(h) Section 811 PRA tenant records must be maintained for the term of tenancy plus three years. After the end of the record retention period, all Enterprise Income Verification (EIV) data must be destroyed.(i) Other rental Developments funded or administered in whole or in part by the Department must comply with record retention requirements as required by federal regulations, statute, rule, or deed restriction.(j) All required records must be made available and accessible for a monitoring review, physical inspection, and whenever requested by the Department. The Department permits electronic records. Digital signatures of both property management and household are acceptable. Developments should have policies in place that allow the household to choose between electronic or hard copy documents. It is the responsibility of the Development Owner to maintain policies and procedures that mitigate fraud, waste, and abuse on an ongoing basis.(k) Prior to completion of ownership and/or management agent change, a current waitlist must be submitted to the Department through CMTS.10 Tex. Admin. Code § 10.608
The provisions of this §10.608 adopted to be effective November 28, 2013, 38 TexReg 8410; Adopted by Texas Register, Volume 44, Number 06, February 8, 2019, TexReg 0560, eff. 2/11/2019; Amended by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7271, eff. 11/3/2022