AYBR Program Administration
AYBR exists to reach people who may have a hard time finding help: older adults, people with disabilities, households that speak little English. If a program is open to everyone on paper but nobody hears about it, it is not doing its job, and a monitor will notice. This lesson covers the fair housing rules that apply to AYBR, what outreach to document, how to give language access, and how to answer a request for a reasonable accommodation on time.
Rule 10 TAC 20.8(a) says an Administrator "must comply with all applicable state and federal rules, statutes, or regulations" on accessibility, and it names the Fair Housing Act, Section 504, ADA Title II, the Architectural Barriers Act and building codes with accessibility requirements. Where they overlap, "the most stringent rules shall apply." Section 20.8(a) also says Administrators receiving federal or state funds must comply with the Age Discrimination Act. AYBR is state-funded, so that applies to GCHS.
You do not need to memorize each law. You need the habit: when two rules cover the same situation, follow the stricter one and write down which one you followed. Here is how it works in a file. If a federal rule and a state rule cover the same step and one asks for more, follow the one that asks for more. If a local accessibility code asks for more than both, follow the local code. Then write one line in the Activity File naming the rule you followed. The TDHCA Fair Housing webpage is listed in the manual (p6) as the place to start. The link wraps across a line in the PDF, so verify it before you pass it on.
Chapter 20 applies to Texas HTF programs, but two parts of 20.8 are written only for federal funds, and two others do not fit a repair grant at all. Here is the full picture:
| Subsection | Topic | For AYBR |
|---|---|---|
| 20.8(a) | Fair housing and accessibility compliance | Applies |
| 20.8(b) | Preference to prevent displacement | Applies; written for AYBR |
| 20.8(c) | Waitlist Policy (21-day acceptance, random selection) | Written for "an Administrator receiving Federal funds" |
| 20.8(d) | Affirmative Fair Housing Marketing Plan (AFHMP) | Written for "an Administrator receiving Federal funds" |
| 20.8(d)(1)(E), 20.8(e) | Housing counseling for mortgage loans; mobility counseling | Not applicable to AYBR grants |
| 20.8(f) | Denial letters | Applies (Lesson 5) |
| 20.8(g), (h) | Eligibility criteria and accommodation procedure; accommodation records | Applies |
| 20.8(i) | Language Access Plan and English and Spanish information | Applies |
| 20.8(j) | Records of any waitlist policy, AFHMP and support, kept under 1.409 | Applies to whatever you have |
So, as written, the 21-day acceptance period, the ban on first-come, first-served for initial selection, random selection and the AFHMP (HUD form 935.2B) are not required for AYBR. Whether they reach an Administrator that also holds federal funds under another Department contract is an open question. Do not tell anyone it is settled.
GCHS's draft intake policy voluntarily borrows those federal ideas. It uses a 21-day application window, then a neutral random drawing, then first-come, first-served for any remaining funds, with written denial notices. It is a draft pending attorney review, and who runs and witnesses the drawing is still being decided. Until the attorney signs off, describe it to applicants as a planned process, not a final one. The manual lets the Administrator choose its own method, but requires written intake and selection policies before applications are taken (Lesson 5).
The rule has no AYBR-specific outreach section, but the manual does set an expectation. The Program File must hold "Documentation of public outreach efforts, including dates, times, locations," and copies of brochures, ads and transcripts (Program Manual p8). Monitoring checks "marketing, fair housing, procurement, conflict of interest" (Program Manual p29). So outreach is not optional busywork. It is something a monitor will look for.
For every outreach activity, record when it happened, where, what you handed out, and keep a copy of the material. Keep the notes in the Program File, in its marketing section. This includes anything you post, mail or hand out: flyers, an online post, a presentation outline, a radio or news transcript.
The federal AFHMP is a good model even though AYBR does not require it. If used, it names the population "least likely to apply," always including Persons with Disabilities, plans at least three outreach organizations (and documents the reason if fewer), shows the Equal Housing Opportunity logo and slogan, and keeps copies of outreach for the Department (10 TAC 20.8(d)). Borrowing the model is a choice. Do not describe it as an AYBR requirement.
Why this matters
An outreach effort with no paper behind it cannot be shown to a monitor. A two-line note with a date, a place and a copy of the flyer is enough. It takes a minute to write and can save a finding.
Rule 20.8(b) says the Administrator "may have a preference prioritizing Households to prevent displacement from permanent housing," or to foster returning to housing, tied to inaccessible features. The manual (p6) also lists prioritization of special-needs households. Both say a preference is allowed. Neither says it is required. If GCHS uses one, it belongs in the written intake and selection policy before the first application, not added later for a particular applicant.
Every AYBR Administrator must have a Language Access Plan so people with Limited English Proficiency have "meaningful access" (20.8(i)(1)). GCHS filed one with its RSP application, which also requires a staff training policy, a review policy and a complaint procedure. The plan must:
It helps to keep a short log of language requests: the date, the language, what was translated and who did it, filed in the applicant's Activity File. That log is the evidence that the plan works in practice and not only on paper.
Separately, reasonable accommodation information and Fair Housing information must be provided "in both English and Spanish, and other languages as required" (20.8(i)(5)). GCHS procedure: GCHS prepares its materials in English and Spanish under its Language Access Plan.
When an applicant with a disability asks for a change to how the program works for them, that is a request for a reasonable accommodation. Three duties apply:
The manual adds the practical point: make arrangements to accommodate applicants with special needs, such as accessibility or a language barrier (Program Manual p6).
Outreach material is a promise, so keep it accurate and consistent with the rules in Lessons 1 to 3. A good flyer or post says who may qualify (a Household with a Person with Disabilities and a Low-Income Household, owners or tenants), that the grant is one-time and up to $22,500 for accessibility work and hazard repairs, and that GCHS charges applicants no fees (GCHS procedure). It also says plainly that funding is not guaranteed, because reservations are processed in the order submitted (10 TAC 26.24(d)). It should show how to reach GCHS in writing and by the company phone, 832-225-4247 (GCHS), and how to ask for help or a translation. Keep every version you publish, with the date it went out.
Outreach and intake are different jobs. Outreach tells people the program exists. Intake, which Lesson 5 covers, is where an applicant formally applies. Do not collect Social Security numbers, income documents or citizenship documents at an outreach event. Those belong in the Restricted library, and only after an applicant has applied.
When a person first asks for help, give them the eligibility criteria in writing. The rule requires that the criteria "include the procedures for requesting a reasonable accommodation" (20.8(g)), and that the information on accommodation and fair housing be available in English and Spanish (20.8(i)(5)). In practice the first packet should contain: the criteria, how to ask for an accommodation, how to ask for a translation, how decisions are made, what a denial letter will say, and how to complain. Offer the accessible version before it is asked for. A person who cannot read the packet cannot ask for a reasonable accommodation to read it.
Complaints are part of the fair housing picture. The manual says monitoring can start from "a citizen complaint" (Program Manual p29). Rule 20.14(c) lists complaints and reports of fraud, waste and abuse among the things that can start a review, and 20.14(d) says credible fraud complaints can lead to unannounced visits or shorter notice. Complaints made to the Department follow 10 TAC 1.2. The RSP application also requires the Language Access Plan to include a complaint-handling procedure (application p4). Make sure every staff member knows where a complaint goes and that it is written down the day it arrives.
| Item | Where it is kept | Source |
|---|---|---|
| Dates, times and places of outreach, with copies of flyers, ads and transcripts | Program File, marketing section | Program Manual p8 |
| Language Access Plan, available on request and at monitoring | Program File | 10 TAC 20.8(i) |
| Written eligibility criteria with the accommodation procedure | Packet; copy in each Activity File | 10 TAC 20.8(g) |
| Each accommodation request and the response | That applicant's Activity File | 10 TAC 20.8(h), 1.409 |
| Any waitlist policy, AFHMP or support documents you adopt | Program File | 10 TAC 20.8(j) |
Three questions remain open and should be treated that way: whether 20.8(c) and (d) reach an Administrator with other federal contracts, how long denial records must be kept (Lesson 7), and the final form of the GCHS selection process. When one of them comes up in a real file, ask TDHCA in writing and save the answer.
On Monday, October 5, 2026, a made-up applicant, Mr. Hall, who is blind, emails GCHS asking for the application packet in a format his screen reader can use and for a staff member to read the forms aloud with him. The response is due within 14 calendar days: by Monday, October 19. GCHS sends an accessible version the next day, offers a time to review the forms with him, and writes down the request, the date, the response and the date. All of it goes into his Activity File, which GCHS keeps under 1.409 whether or not he is later approved. A Spanish-speaking neighbor of his, a second made-up applicant, receives the same packet in Spanish with the same criteria. Neither applicant had to ask twice, and a monitor could reconstruct what happened from the file alone.
1. Two fair housing or accessibility rules cover the same situation and differ in what they require. Which does 10 TAC 20.8(a) tell the Administrator to follow?
2. Which subsections of 10 TAC 20.8 are written only for an Administrator receiving federal funds, and so are not required as written for AYBR?
3. Which preference does 10 TAC 20.8(b) specifically allow in AYBR?
4. What outreach records does the Program Manual expect in the Program File?
5. A coworker says every AYBR Administrator must submit an AFHMP on HUD form 935.2B. What is the best response?
6. A household emails a request for a reasonable accommodation on Monday, October 5, 2026. What is the latest date to respond under 10 TAC 1.204(d)?
7. Which responses meet the 14-day requirement for a reasonable accommodation request?
8. Which rule governs how long GCHS keeps each reasonable accommodation request and its response?
9. Which of these must the Language Access Plan include under 10 TAC 20.8(i)?
10. Which information must be provided in both English and Spanish, and other languages as required?
11. When must GCHS be able to produce its Language Access Plan?
12. An applicant asks if the random drawing in GCHS's intake process is required by law for AYBR. What is the accurate answer?
13. Does the Age Discrimination Act requirement in 10 TAC 20.8(a) apply to GCHS as an AYBR Administrator?
14. According to the Program Manual, which areas does monitoring check besides record keeping?