Section 4: Down Payment AssistanceAnchor: #i1000243
For this section, the phrase “down payment” means the amount paid towards the cost of the DSS dwelling actually purchased and occupied, including the actual required incidental expenses associated with the purchase.Anchor: #i1000253
Eligibility for payment
A 90-day tenant-occupant displaced from a dwelling is eligible for down payment assistance not to exceed $7,200.
A displaced person eligible to receive a payment as a 90-day owner-occupant (home owner or mobile home owner) is not eligible for this down payment assistance, except for purchasing a mobile home site when the displacement site is rented.Anchor: #i1000268
Amount of payment
An eligible displacee who purchases a replacement dwelling is entitled to down payment assistance not to exceed the lesser of:
- Anchor: #RCVIGDWR
- For a 90-day occupant: Anchor: #KVQBMMCI
- For a less than 90-day owner-occupant:
At the discretion of TxDOT, and with advance approval from the ROW Program Office, a down payment assistance payment may be increased to any amount not to exceed $7,200. TxDOT shall apply this discretion in a uniform and consistent manner, so that eligible displacees in like circumstances are treated equally.
This payment, however, may not exceed the payment that a less than 90-day owner-occupant would receive if the 90-day occupancy requirements were met. Use this option in a uniform and consistent manner.Anchor: #i1000323
Application of Payment
The full amount of the replacement housing payment for down payment assistance must be applied to the purchase price of the replacement dwelling and related incidental expenses.Anchor: #i1000333
Last Resort Housing
When the rent supplement exceeds $7,200, provisions of Last Resort Housing apply. A 90-day tenant-occupant may be paid a down payment in excess of $7,200, but not to exceed the lesser of:
- Anchor: #LQVOWGYV
- the actual rent supplement; or Anchor: #SBFVHDYO
- the cost of the DSS replacement dwelling including required incidental expenses.
Document the department’s files and claims for down payments with:
- Anchor: #FADIVVQL
- a copy of the closing statement showing required signatures; Anchor: #VGSNQSAM
- the closing agent’s certification that all funds are paid as shown on the closing statement; and Anchor: #SQIYCORF
- a copy of the approved rental supplement (form ROW-R-107 Supplemental Payment Estimate, Replacement Housing).
In the case of 90-day tenant-occupants, the down payment plus incidental expenses must not exceed the computed rent supplement. For a definition and detailed information on incidental expenses, see Incidental Expenses- 90-Day Owner-Occupants.