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SR-04-14-2015-3DCity Council Meeting: April 14, 2015 Agenda Item: :: To: Chair and Housing Authority Members From: Andy Agle, Director of Housing and Economic Development Subject: Housing Authority Draft Administrative and Annual Plans Recommended Action Staff recommends that the Housing Authority Board: 1) Approve the Housing Authority's Draft FY 2015 -2016 Administrative Plan and Annual Plan provided in Attachments A and B, respectively; and 2) Authorize the submission of the Administrative and Annual Plans to the United States Department of Housing and Urban Development (HUD). Executive Summary The Santa Monica Public Housing Authority (PHA) operates federally funded rental assistance programs. The PHA is required to submit both an Administrative Plan and an Annual Plan to the Housing Authority Board and HUD for approval. Specific procedures, protocols, and operational policies of the PHA are described in the draft Administrative Plan (Attachment A). Most of the revisions in the draft Administrative Plan are non - discretionary and reflect changes to the Plan consistent with new HUD regulations. The Annual Plan (Attachment B) is a status report summarizing progress toward the mission, goals, and objectives identified in the PHA's approved Five -Year Plan. This report presents the Plans and summarizes key proposed discretionary changes. Background HUD provides federal funds for rental assistance programs involving approximately 1,300 extremely low -, very low -, and low- income households in Santa Monica. The Administrative Plan and Annual Plan establish policies and procedures to administer the programs in a manner consistent with federal laws and regulations. The Plans include both mandatory and discretionary policies which provide guidance to staff, program applicants and participants, and the public. HUD regulations take precedence over local policies if conflicts arise. 1 HUD regulations under 24 CFR 982.54 require the PHA to make local policy choices. Staff is proposing several revisions (see Attachment C) in the draft Administrative Plan, as well as a new Chapter 19 regarding special program vouchers, which represent discretionary policy choices within the framework of HUD regulations. Both the mandatory and proposed discretionary revisions can be categorized as strengthening or clarifying program and participant protocols. The Administrative Plan is not a strategic or planning document, but rather an operations manual of policies and procedures. Its purpose varies for each of the PHA's constituencies: • It informs the Housing Authority Board and City Council regarding the policies of the PHA on all aspects of program operations. • It serves as a policy and procedures manual for staff to adhere to uniformly and consistently in their daily work. • It provides the standard by which the participants and the public can determine if program applicants and participants are being treated equitably. • It notifies HUD of the policies the PHA has adopted in conformity with the Regulations. The context of the Administrative Plan begins with Congress, which enacts the laws that govern the programs. HUD writes Regulations and Notices to interpret, clarify, and define the laws. The PHA then develops policies and procedures consistent with the Regulations and compiles the policies into the Administrative Plan. HUD requires the PHA to revise the Administrative Plan annually to comply with changes in HUD regulations and statutes. The Annual Plan provides a brief update on the PHA's progress to achieve the Five -Year Plan goals and objectives. Discussion The draft Administrative Plan is consistent with the Annual Plan, reflects changes in HUD regulations and PHA operations, and ensures staff consistency in administration. Most of the revisions identified in the draft Administrative Plan reflect mandated federal requirements. The draft Administrative Plan includes the citation of the Code of Federal 2 Regulations imbedded within each policy. Highlights of significant additions /revisions to the Administrative Plan for FY 2015 -16 include the following discretionary policy changes (see Attachment C for a complete list of proposed discretionary revisions): 1. Allows application submittal for the waiting list via telephone for disabled persons who need a reasonable accommodation. 2. Revises various protocols consistent with sustainability /paperless office goals. 3. Amends cycle of physical inspection of homes from annual to at least once every two years, consistent with new flexibility in federal regulations. 4. Requires carbon monoxide detectors in all homes with gas appliances, fireplaces, or attached garages. 5. Limits rent increase requests to one per year. 6. Clarifies that reportable income includes gifts, gambling winnings, and loans. 7. Amends record retention policy from five years to three years. 8. Reduces allowable absence from apartment from 180 days to 90 days under certain situations. 9. Creates a new Chapter 19 to clarify procedures and protocols for special voucher programs targeted to persons living with a disability and persons experiencing chronic homelessness. In addition to the Administrative Plan, the Annual Plan is a required two -page form summarizing progress toward the Five -Year Plan. Most of the draft Annual Plan does not require revisions or additional information beyond the PHA's existing Five -Year Plan because the PHA has achieved 'high performer' status. Therefore, there are no significant changes from the previous Annual Plan. Commission Action The draft Administrative Plan has been presented to the Disability Commission, Housing Commission, Commission for the Senior Community, and the Social Services Commission. The Housing Commission voted and recommended to support the draft Plan. No other comments were received from the other Commissions. 3 Public Outreach The draft Administrative Plan was made available for public comment beginning on January 20, 2015. A notice was published in the Santa Monica Daily Press on January 20, 2015, indicating the draft Administrative Plan was available on the City's website, including the website address, and noting that the 45 -day comment period would end on March 6, 2015. The notice further indicated that the City Council would consider approval of the draft Plans at its April 14, 2015 meeting. All 18 comments received prior to finalizing the staff report are included, with PHA responses, in Attachment D. Additionally, the Legal Aid Foundation of Los Angeles ( LAFLA) was solicited to review the Draft Administrative Plan. LAFLA comments and PHA responses are included in Attachment D as well. The draft Administrative Plan, Annual Plan and summary of originally proposed revisions are available on the Housing Division's website: http• / /www smgov net /Departments /HED /Housing and Red evelopment /Housing /Policie s Plans.aspx S Financial Impacts & Budget Actions There is no immediate financial impact or budgetary action necessary as a result of the recommended actions. Prepared by: Barbara Collins, Housing Manager Housing and Economic Department Attachments: Forwarded to Council: E \C--- P Elaine M. Polachek Interim City Manager Attachment A: Draft FY2015 -16 Administrative Plan Attachment B: Draft Annual Plan Attachment C: Proposed Discretionary Changes to Administrative Plan Attachment D: Public Comments and Housing Authority Response 5 Reference: Attachment A is available at the City Clerk's Office Filed with Staff Report 0 item 3D Within Legislative File rSliZd1I1DIP Attachment B PHA 5-Year and U.S. Department of Housing and Urban OMB No. 2577 -0226 Development Expires 8/30/2011 Annual Plan Office of Public and Indian Housing 1.0 PIIA Information PHA Name: City of Santa Monica Housing Authority PHA Code: CA -1 l l PHA Type: ❑ Small ® High Performing ® Standard ® HCV (Section 8) YHA Fiscal Year Beginning: (MM /YYYY : 07) 17015 2.0 Inventory (based on ACC writs at time of FY beginning in 1.0 above) Number of PH whits: Number of HCV units: 1 092 3.0 Subnnission'Fype ❑ 5 -Year and Annual Plan ® Annual Plan Only ❑ 5 -Year Plan Only 4.0 PHA Consortia ❑ PHA Consortia: (Check box if submitting ajoau Plan and complete table below.) No. of Units in Each PHA Programs) Included in the Progranhs Not in the program Participating PHAs Code Consortia Consortia PH HCV PHA 1: PHA 2: PHA 3: 5.0 5 -Year, Plan. Complete items 5.1 and 5.2 only at 5 -Year Plan update. 5.I N/ission.'fhe PHA's Mission is [o serve the housing needs of lore- income, very low-income, and extremely low income families in the PHA's jurisdiction. 5.2 Goals and Objectives. Identify the PIIA's qua4ifiable goals and objectives that will enable the PI IA to serve the needs of Imv - income and very low- income, and extremely low- income families for the next five years. Include areport on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan. YHA Plan Update 6.0 (a) Identity all PHA Plan elements that have been revised by the PHA shoe its last Annual plan submission: See attached sonunnry (b) Identify the specific location(s) where the public may obtain copies of the 5 -Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. The Annual Plan and Administrative Plan may be viewed online at :http: / /www.snrgoy.net/holisilig or at the PHA Office at 1901 Main Street, Suite A, Santa Monica, CA 7.0 Hope VI, Mixed Finance Modernization m, Development, Demolition and /or Disposition, Conversion of Public Housing, Homeownership Progranns, and Project -based Vouchers. Include statements related to Brese programs as applicable. S.0 Capital Improvements Please complete Parts 8.1 through 8.3, as applicable. Statement /Performance and Evaluation Repro As part of the PHA 5 -Year and Annual Plan, annually Capital Fluid Program Annual Statement /Perform or 81 complete and submit the Capital Fund Program Annual Statement /Penfmvnanee and Evaluation Report, form HUD - 50075.1, for each current and open CFP grant and CFFP financing. Capital Ford Program Five -Year Action Plan. As part of the submission of the Annual Plan, PLIAs must complete and submit the Capital Ford 8 2 Program Five -Year Action Plan, form HUD - 50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use my portion of its Capital Fund Program (CFP) /Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available low income, low intone, and extremely low- income families who reside in data, make a reasonable effort to identify the housing needs of tie - very - thejurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are cattle public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. See the City of Santa Monica Housing Element, the Analysis of Impediments, Consolidated, Plan and the Land Use aid Circulation Element. Page 1 of 2 form HUD -5UU75 (4 /20U6) Attachment B 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing Ore housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note. Small, Section 8 only, and High Pei farming PHAs complete only for Annual Plan submission with the 5 -Year Plan. Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PIIA's progress in meeting the mission and goals described in the 5- Year Plan. The Santa Monica Housing Authority (SMHA) continues to seek new fielding opportunities and revenue sources to house additional lower income households. The SMHA achieved High Performer Status on the last performance evaluation and has consistently met and exceeded die mission and goals as 10.0 established in the Five -Year Plan, The City of Santa Monica disposed of several parcels of landand the fiords were reserved for new affordable housing development The SMI IA has annually applied forrenewal of six grants for homeless and disabled families. The CDBG Rental Repair program continues to be utilized by landlords who serve Section 8 and special needs tenants. The SMHA has an exception payment standard but with economic improvement in the region the market rents are outpacing the payment standard. This is making it extremely difficultto find landlords willing to accept our payment standard. The SMHA is developing a comprehensive marketing and appreciation plmn to try to increase landlord participation in our programs. The SMHA continues to promote deed restricted affordable housing for ourhousing programs. Over 25% of all inclusionary units in the City of Santa Monica house Section 8 tenants. (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation /nnodification" Defined in the Administrative Plan Required Submission for MUD Field Office Review. In addition to the PHA Plan template (HUD - 50075), PHAs must submit the tollowing documents. Items (a) through (g) may be submitted with signature by mail or electronically with seamed signatures, but electronic submission is encouraged Items (h) through (i) must be attached electronicallywith die PHA Plan. Note. Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD - 50077, PIIA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD - 50070, Certification far a Drug -Free YFarkplace (PHAs receiving CFP grants only) (c) Form HUD - 50071, Certification of Payments to Influence Federal Dunsaclions (PHAs receiving CFP grants only) (d) Fonn SF -LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF- LLL -A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PI LAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Fin in HUD - 50075.1, Capital Fumd Propmn Annual Statenrent/Peifonnanee and Fvaluation Repori (PIIAs receiving CFP grants only) (i) Fin in HUD - 50075.2, Capital Fiord Program Five -Pear Action Plan (PHAs receiving CAP grants only) Attachment C Proposed Discretionary Changes to Administrative Plan ACRONYMS— HCV: Housing Choice Voucher, HOME: HOME Investment Partnerships Program, HQS: Housing Quality Standards, PBV: Project -based voucher, PHA: Public Housing Authority, RTA: Request for Tenancy Approval, SMHA: Santa Monica Housing Authority, TTP: Total Tenant Payment, USCIS: United States Citizenship and Immigration Services . 2 -3 Added "In addition, the PHA will not discriminate on the basis of gender expression, ancestry, source of income, or genetic information. [Fair Employment and Housing Act, Cal. Gov. Code § 12955]" 2 -3 Added "The PHA will not "Coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of fair housing rights. Additionally, the PHA will not retaliate against individuals for exercising, or encouraging others to exercise, their fair housing rights." 2 -8 When the PHA believes that the family has failed to identify a reasonable alternative accommodation, revised language so that PHA will notify families within 15 business days (instead of 10 business days) from the date of the most recent discussion or communication with the family. Added language that the PHA may be required to respond in less than 15 business days. 3 -9 n "PRA Poky The Dun FeqUires that the seFViees of the l'. _ in aide st be at aR "aFms u between the participant and the live-in aide. The PHA presumes that a relative is a heusehold membeF, nAt R live in aide A relative is grandparent, sisteF, OF ketheF. FE)F a relative te qualify as a live iRaide, the tenant must , �hAvi that the care pFevided ' an aFms length tranqRetieR To de this, the family must Gertifyt i. The peFsen is Gapable of pFeviding the required G@Fe for the tenaRt. 2. The peFsen haq npvpr been a member of the paFtieipam's househeld while the family TG +h reasen f the peFsen to I' in the nit other than to p yi de e f the bI d tenanti and A The intends to w ntaiR his OF her Fr. Rees peFsE)n sepaFately and live independently frem the disabled tenant's heusehold, previdin care I s length +renr-,G+len " {Staff has withdrawn the proposed discretionary language now shown in strikeout) 3 -14 When a PHA determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 15 business days (instead of 10 business days) of the determination. 1 4 -2 Added "If a person with disabilities is unable to complete the online pre - application process due to the nature of their disability, they may request a reasonable accommodation for assistance with the application process. SMHA [Santa Monica Housing Authority] will accept reasonable accommodation requests from the time that the formal announcement of the waiting list opening is made until the waiting list closes. Requests for reasonable accommodations received before or after this period will not be approved. In order to prevent delay in the pre - application process for these individuals, SMHA will not verify with a third party the individual's need for a reasonable accommodation. As a reasonable accommodation, SMHA may allow the applicant to apply by telephone. The applicant must contact the SMHA before the deadline specified by the SMHA." 4 -7 Added "PHA Policy: While the family is on the waiting list, the family must immediately inform the SMHA of changes in income and contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing within fifteen (15) calendar days of the date of the change using: (1) the on -line waiting list portal email link, or (2) by completing a "Request for Information Update Waiting List" form. The family will not be permitted to report changes in household size or composition (add new household members not included on the family's pre - application) after the . family has been selected from the waiting list, except: The family may add children who joined the family as a result of birth, adoption, or court - awarded custody. The family may add other household members due to marriage or domestic partnership (spouse, domestic partners, co- head)." 'di family te the d;;t the family was . leGted from the weFe with the prior ten vide a I' t The family be eyidenGe that the waiting will reqUiFed ptable hAU,_qPhAId the family te the date the family add;t;Anal membeRq Fesided with priaF 1PtAPd f.. m the waiting l,..t. {Staff has withdrawn the proposed discretionary language now shown in strikeout} II d i tFainiRg, eF upward .. ebil'ty "Those 4-12 Added, currently educational, ffeffarnS ., S..nt., MORi a " (Staff has withdrawn the proposed discretionary language now shown in strikeout ) 4 -12 & Added Tier 3 waiting list preference for families who do not live or work in the City of 4 -13 Santa Monica. Clarified order of selection within waiting list tiers. Refer to pages 4 -12, 4 -13, and Exhibit 4 -1 in the Draft Administrative Plan for more information. 5 -12 Changed that the PHA may approve three, 30 -day voucher extensions (instead of one, 60 -day extension) upon written request of the family. 6 -4 Added "An employed head, spouse, or co -head absent from the unit more than 90 consecutive days (instead of 180 consecutive days) due to employment will not continue to be considered a family member, with the exception of military personnel as required by the Service Members Civil Relief Act (SCRA) [50 U.S.C. § 101 et seq. SCRA § 508 (b)]." 6 -22 Revised language so that use of an automobile will no longer be considered as an "in- kind" contribution. 6 -37 Revised language so that if a family chooses an apartment with a gross rent (rent to owner plus an allowance for tenant -paid utilities) that exceeds the PHA's applicable payment standard: (1) the family will pay more than the TTP, and (2) at initial occupancy the PHA will not (instead of may not) approve the tenancy if it would require the family share to exceed 40 percent of the family's monthly adjusted income determined at the time the voucher is issued. 7 -3 Revised language so that all submitted documents are now scanned and date recorded by person and entry date, instead of photocopied and initialed. 7 -10 Revised language so that original documentation will be scanned, returned to the individual, and retained in the file folder, instead of photocopying. 8 -1 Revised language so that all programs, except for the HOME and Continuum of Care programs, will be inspected at least once every 24 months (instead of at least annually) during the term of the contract, and at other times as needed, to determine that the apartment meets Housing Quality Standards (HQS). Added "Effective July 1, 2014, PHAs may establish a policy for performing unit inspections biennially rather than annually. This policy could apply to some or all assisted apartments. PHAs still have the option to inspect every apartment annually. Section 8 -II.G for further details." 8 -2 Added carbon monoxide detectors to list of performance and acceptability standards for Housing Choice Voucher (HCV)- assisted housing. 8 -5 Added "Carbon Monoxide Detectors- California Health and Safety Code Section 17926 ET requires that owner install a carbon monoxide devise, approved and listed by the State Fire Marshal pursuant to Section 13263 in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage." 8 -10 Revised language so that the PHA will re- inspect the apartment within 10 business days (instead of 5 business days) of the date the owner notifies the PHA that the required corrections have been made. If the family can provide evidence they will lose the apartment if the re- inspection does not occur sooner. Added "the PHA should make every effort to accommodate the family as Section 8 apartments are difficult to secure in the City of Santa Monica." 8 -12 Revised language so that each Voucher unit under contract must be inspected within 24 months (instead of 12 months) of the last full HQS inspection. All other programs require annual inspections. 8 -12 Revised language so that the PHA and family will agree on a new inspection date that generally should take place within 10 business days (instead of 5 business days) of the originally - scheduled date. The PHA may schedule an inspection more than 10 business days (instead of 5 business days) after the original date for good cause. 8 -21 Added "Landlords may not request more than one rent increase in a 12 -month period." 8 -24 Added "Carbon Monoxide Detectors - California Health and Safety Code Section 17926 ET requires that owner install a carbon monoxide devise, approved and listed by the State Fire Marshal pursuant to Section 13263 in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage." 9 -1 Added underlined language in the following sentence: "For families initially leasing a unit only: Where the gross rent of the unit exceeds the applicable payment standard for the family, the share of rent to be paid by the family cannot exceed 40 percent of the family's monthly adjusted income calculated at the time the RTA is issued [24 CFR 982.305(a)]" 9 -6 Added underlined language in the following sentence: "Where a family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the family, the family share cannot exceed 40 percent of the family's adjusted monthly income as determined at the time of the RTA issuance." 9 -7 Added "The HOME program requires that additional clauses to be added and also adds that specific language cannot be used in leases." 9 -10 Added "If the tenancy is not approvable due to rent affordability or rent reasonableness, the tenant may attempt to negotiate the rent with the owner. At the request of the family, the PHA will assist the tenant in negotiating a reasonable rent with the owner in accordance with federal regulations [42 U.S.C. § 1437(f)(0)(10)(B)]." 9 -11 Added "Direct Deposit form" as a required form to be submitted by the owner, in addition to the IRS form W -9, for the PHA to execute a contract. 9 -12 Added "PHA will agree to such an increase only if the amount of the rent to owner is considered reasonable according to the rent reasonableness standards discussed in Chapter 8, the program permits the increase, and no increase has been granted in the previous 12 -month period." 9 -12 Revised language so that when the owner is requesting a rent increase, the PHA will determine whether the requested increase is reasonable within 15 business days (instead of 10 business days) of receiving the request from the owner. 10 -3 Revised language so that when the PHA determines that the family's current unit does not meet the HQS space standards because of an increase in family'size or a change in family composition, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit within 60 days. The PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica. 10 -9 Added "Income will be verified at the time the Request for Tenancy Approval (RTA) is issued to assure participant total tenant payment (TTP) does not exceed 40 percent of [tenant's] adjusted income." 11 -2 Added that the PHA may conduct annual reexamination process through the mail or over the telephone if the tenant has a condition, which could result in exposure to the PHA staff (such as bed bugs, TB, flu). 11 -7 Added "If a change in family size causes a violation of Housing Quality Standards (HQS) space standards (see Chapter 8), the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit within 60 days. The PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica." 11 -8 Added "gifts, gambling winnings, and loans" to types of increases in annual income that families are required to report in writing within 10 business days. 12 -2 Added Legal Aid's 2 -step process to determine if the family has been evicted and if the eviction was based on a serious lease violation. 12 -3 Added "A family must promptly give the PHA a copy of any owner eviction notice the tenant actually receives. If the family requests assistance to move, but has not provided the PHA with a copy of the eviction within 10 days of receiving the notice of lease termination, the move will be denied." 12 -11 Added that if a family indicates that the behavior of a family member with a disability is related to the primary reason for a proposed termination of assistance, the PHA will determine whether there is a nexus between the disability and the behavior. 14 -3 Revised language so that every two years (subject to funding availability) the PHA may obtain, instead of will obtain, a credit report on all adult family members, at no expense to the family. 16 -3 Revised language so that the PHA will electronically retain documentation related to its annual review of payment standards and utility allowance schedules for at least 3 years. 16 -9 Revised language so that the PHA must schedule and send written notice of the informal review within 15 business days (instead of 10 business days) of the family's request. 16 -12 Revised language so that in cases where the PHA makes a decision for which an informal hearing must be offered, the notice to family will include, among other things, a copy of all the relevant documents utilized to render the determination (instead of all the documents). 16 -12 Revised language so that the PHA must schedule and send written notice of the informal hearing to the family within 15 business days (instead of 10 business days) of the family's request. 16 -16 Added "The Housing Manager may determine the final decision if the hearing officer's decision conflicts with regulations or if the hearing is not required." 16 -17 Revised language so that the PHA will maintain a copy of the "Notice of Final Decision" in the PHA's electronic file. 16 -19 Revised language so that the PHA must retain electronically for a minimum of 3 years (instead of 5 years) documents that may have been submitted to the PHA by the family, or provided to the PHA as part of the USCIS appeal or the PHA informal hearing process. 16 -30 Revised language so that all applicant and participant information will be kept electronically in a secure location and access will be limited to authorized PHA staff. 17 -11 Revised language so that the PHA will consider (instead of will not considering) providing assistance for excepted units for multifamily buildings. 17 -11 Ina rl„ Rb . with this eal the PH 1' F f oQV I will approval N 1 nb in that have eFty n ..tFat' f 20 + less II p Rew r� � N dev n ts—.{Staff has withdrawn this proposed discretionary language now shown in strikeout} 17 -30 Revised language so that the family's assistance must be terminated if tenants are absent from the unit for more than 90 consecutive days (instead of 180 consecutive days), and added exceptions that may be made for medical reasons, in- patient substance treatment, hospitalizations, family care for medical reasons, reserve or active military leave, domestic violence, or with the request of a reasonable accommodation. 17 -33 Revised language so that the PHA will consider (instead of not considering) providing project -based voucher (PBV) assistance for excepted units. Ch. 19 Added entire new chapter to address operation of HOME and Continuum of Care Program. Attachment D Public Comment and Housing Authority Response ACRONYMS —PHA: Public Housing Authority, SMHA: Santa Monica Housing Authority 2 -8 SMHA's policy should reflect the fact that the Staff has incorporated this PHA may be required to respond in less than recommendation into the 15 days depending on the accommodation Administrative Plan. needed. 3 -9 The requirement that the relative have never Based on this recommendation, staff lived with the tenant or made any has withdrawn the proposed contribution to the tenant's household is discretionary change in the overbroad and not tailored to ensure that Administrative Plan. there is no current, independent obligation to provide the necessary support services. We suggest deleting the proposed language entirely because placing a higher burden on family members who wish to qualify as a live - in aide versus non - family members creates a potential barrier to an individual's request for a reasonable accommodation. 4 -7 The PHA's policy should take into account the Staff has incorporated this circumstance when a family member wants recommendation into the to add another adult to the household due to Administrative Plan. marriage or domestic partnership. 5 -12 We suggest that instead of approving two 30 Staff has incorporated this day extensions upon written request, the recommendation into the PHA should approve three 30 -day extensions. Administrative Plan. 6 -4 The Draft Plan should make an exception for Staff has incorporated this military personnel as required by the Service recommendation into the Members Civil Relief Act (SCRA). Administrative Plan. 8 -10 The PHA should take into consideration the Staff has incorporated this situation where a tenant may lose a new unit recommendation into the if the re- inspection does not take place Administrative Plan. sooner and accommodate those tenants accordingly. 9 -10 The plan should provide that the PHA, at the Staff has incorporated this request of the family, will assist the tenant in recommendation into the negotiating a reasonable rent with the owner Administrative Plan. in accordance with federal regulations. 10 -3 The Draft Plan should be changed to reflect Staff will continue to propose that the that a family must try to find an acceptable family and PHA must try to find an unit within 90 days instead of 60 days. acceptable apartment within 60 days. However, based on this recommendation, staff has added that "the PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica." 11 -7 The Plan should give the family and the PHA Staff will continue to propose that the 90 days instead of 60 to find an acceptable family and PHA must try to find an unit. acceptable unit within 60 days. However, based on this recommendation, staff has added that "the PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica." 12 -2 The PHA's policy is to terminate for a serious Staff has incorporated this or repeated violation of the lease. recommendation into the Termination for a repeated violation of a Administrative Plan. lease is not mandatory and therefore should not be included in the policy as such. In addition, we suggest that the PHA, prior to termination, perform a 2 -step, case -by -case analysis to determine if the family has been evicted and if the eviction is the result of a serious lease violation. 12 -3 We propose the following language instead: Staff has incorporated this "A family must promptly give the PHA a copy recommendation into the of any owner eviction notice the tenant Administrative Plan. actually receives. If the family requests assistance to move, but has not provided the PHA with a copy of the eviction [notice] within 14 days of receiving the notice of lease termination, the move will be denied." 12 -11 We recommend revising the current rule as Staff has incorporated this follows: "If a family indicates that the recommendation into the behavior of a family member with a disability Administrative Plan. is related to the reason for a proposed termination of assistance, the PHA will determine whether there is a nexus between the disability and the behavior." 16 -9 We are not opposed to this change, however, Due to the limited availability of 16 -12 if the PHA also increases the time the family hearing examiners, staff will continue has to request an informal hearing from 10 to to propose that families submit 15 days. requests for informal hearings within 10 days. 17 -11 The proposed change appears to violate 24 Based on this recommendation, staff CFR 987.57 and is contrary to the PHA's has withdrawn the proposed obligations to affirmatively further fair discretionary change in the housing choice. Administrative Plan. 17 -30 A reduction to 90 days may unfairly result in Staff has incorporated this terminations when the reason for the recommendation into the absence is due to factors beyond the control Administrative Plan. of the family such as disability (i.e. hospitalization), imprisonment, domestic violence or military service. A more tailored approach may be to limit certain absences such as for vacation or employment from 180 to 90 days, leaving other types of absences at 180 days. Ch. 19 The PHA should develop specific guidelines to Staff agrees that the PHA should make address the termination of participants from every effort to determine if a nexus the Continuum of Care Program ( "CoC "), exists between a participant's especially in the context of owner - initiated disability and an owner - initiated evictions. eviction and if so, will consider a reasonable accommodation. The Administrative Plan has incorporated language to acknowledge such special situations. VAWA The Legal Aid Foundation of Los Angeles Staff has incorporated these (LAFLA) and National Housing Law Project recommendations into the (NHLP) have made several recommendations Administrative Plan. These changes related to the Violence Against Women are nondiscretionary since they are Reauthorization Act (VAWA) of 2013, which required by HUD regulations and /or are itemized in pages 10 -18 of the attached federal law. March 6, 2015 letter. LEP The Legal Aid Foundation of Los Angeles Staff has incorporated these (LAFLA) and National Housing Law Project recommendations into the (NHLP) have made several recommendations Administrative Plan. These changes pertaining to persons with Limited English are nondiscretionary since they are Proficiency (LEP), which are itemized in pages required by HUD regulations and /or 18 -29 of the attached March 6, 2015 letter. federal law. Legal Aid Foundation of Los Angeles Santa Monica Office Other Office Locations: 1640 511, Street, Suite 124 Central Office, 1550 W. 8'" Street, Los Angeles, CA 90017 T: (213) 640 -3881 Legal Aid Santa A4onica, CA 90401 East Los Angeles Office, 52281Vlunier Boulevard, Los Angeles, CA 90022 T. (213) 640 -3883 g Foundation Phone: (310) 899 -6200 Long Beach Office, 601 Pacific Avenue, Long Beach, CA 90802 T: (562) 435 -3501 f Fax: (310) South Los Angeles Office, 7000 S. Broadway, Los Angeles, CA 90003 T. (213) 640 -3988 LOS Angeles ( ) 899 -6205 West Office, 1102 Crenshmv boulevard, Los Angeles, CA 9000 T: (323) 801 -7989 mww.lafla.oxg March 06, 2015 SENT VIA E -MAIL AND U.S. MAIL ATTN: Administrative Plan Barbara Collins Housing Manager Santa Monica Housing Authority 1901 Main Street, Suite A Santa Monica, CA 90405 Re: Comments by the Legal Aid Foundation and the National Housing Law Project on the SMHA 2015 Draft Administrative Plan Dear Ms. Collins, The Legal Aid Foundation ( "LAFLA ") and the National Housing Law Project ( "NHLP ") submit the following comments on the Santa Monica Housing Authority's Draft Administrative Plan for 2015 ( "Draft Plan "). In Part One, we will provide comments on the Housing Authority's proposed discretionary changes. In Part Two, we will provide general comments on the current Administrative Plan. PART ONE Chapter 2 — Part H.E. Approval/Denial of a Requested Accommodation (page 2 -8) The SMHA is proposing to implement a policy that requires PHAs to notify families of a denial of a reasonable accommodation request within 15 days (revised from 10) from the date of the most recent discussion or communication with the family. In some cases, 15 days is a reasonable amount of time for tenants to wait for the determination of their request. In others situations, however, a tenant will require an expedited response. SMHA's policy should reflect the fact that the PHA may be required to respond in less than 15 days. The Frontline Law Firm for Poor and Low- income People in Los Angeles �� ISC 2 Chapter 3 — Part I.M. Live -In -Aide (page 3 -9) A family that consists of one or more elderly, near - elderly or disabled persons may request that the PHA approve a live -in aide to reside in the unit and provide necessary supportive services for a family member who is a person with disabilities.' The regulations define a live -in aide as a person who resides with one or more elderly persons, or near - elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well -being of the persons; (2) is not obligated for the support of the persons; and (3) would not be living in the unit except to provide the necessary supportive services.2 There is no ban on family members acting as live - in aides, although the regulation and HUD guidance state that a live -in aide should not be considered a member of the assisted family.3 The current criteria for a live -in aide under the Administrative Plan mirror the regulation's definition. The PHA proposes additional criteria that a relative who serves as a live -in aide must meet. Relatives should not be required to meet a heightened standard to qualify as a live -in aide. Specifically, there is no statutory, regulatory or case law support for the reference to an "arms - length transaction." We understand the sentiment of such a term is to ensure that a relative's provision of care is independent of any existing obligation to provide support services. The usage of the phrase, however, is likely to cause confusion and may suggest, improperly, that relatives must enter into a negotiated, formal payment arrangement. The requirement that the relative have never lived with the tenant or made any contribution to the tenant's household is overbroad and not tailored to ensure that there is no current, independent obligation to provide the necessary support services. We note further that the requirement that the relative "live independently" directly conflicts with the criteria under the current plan which states that they will not approve a person who "will not continually reside in the assisted unit with the disabled family member and use the assisted unit as his /her principal place of residence." The requirement that a relative live -in aide live independently should be deleted; the requirement of separate finances is sufficient (and should be the case whether or not the caregiver is a relative). We suggest deleting the proposed language entirely because placing a higher burden on family members who wish to qualify as a live -in aide versus non - family members creates a potential barrier to an individual's request for a reasonable accommodation. The heightened standard could also lead to unnecessary delays in the reasonable accommodation process. Even if SMHA presumes that a relative is a household member and not a live -in aide, the tenant need only show a nexus between her disability and the need for that particular family member to be her live in aide, for the request to be granted. In some cases, a particular family member has special knowledge of the participant's disability that makes them the best person to act as a caregiver. Where a participant can show that the family member provides unique services so that the participant may use and enjoy their home, SMHA should grant the accommodation. 24 CFR § 982.316. z 24 C.F.R. § 5.403. s Id.; HUD Notice PIH 2014 -25 (HA) Over Subsidization in the Housing Choice Voucher Program. The Frontline Law Firm for Poor and Low- income People in Los Angeles �� LsC Chapter 4 — II.E. Reporting Changes in Family Circumstances (page 4 -7) The Draft Plan currently provides that: "While the family is on the waiting list, the family must immediately inform the SMHA of changes in income and contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing within fifteen (15) calendar days of the date of the change using: (1) the on -line waiting list portal email link, or (2) by completing a "Request for Information Update Waiting List" form. The family will not be permitted to report changes in household size or composition (add new household members not included on the family's pre - application) after the family has been selected from the waiting lists, except: The family may add children who joined the family as a result of birth, adoption, or court- awarded custody; The family may add other household members (spouse, co -head, and other adult) who were residing with the family prior to the date the family was selected from the waiting list. The family will be required to provide acceptable evidence that the additional household members resided with the family prior to the date the family was selected from the waiting list. The PHA's policy should take into account the circumstance when a family member wants to add another adult to the household due to marriage or domestic partnership. This should be allowed even if the spouse or registered domestic partner was not residing with the family prior to the date the family was selected from the waiting list. California Government Code § 12955 (a) makes it unlawful for a housing provider to discriminate against any person because of marital status. Chapter 5 — Part 11.E. Voucher Term Extensions, and Suspensions (page 5 -12) The current plan allows for one 60 -day voucher extension upon written request from the family. The Draft Plan proposes "the PHA may approve two 30 -day extensions upon written request from the family." We suggest that instead of approving two 30 day extensions upon written request, the PHA should approve three 30 -day extensions. By allowing three 30 -day extensions, this will account for the extreme difficulty families are facing when trying to locate housing within the City of Santa Monica. By having 90 days instead of 60, families will ideally have the additional time needed to locate housing. We are informed that the Housing Commission has recently made the recommendation to extend voucher search time for tenants on this program due to the scarcity of landlords willing to accept Section 8 tenants. The Frondine Law Firm for Poor and Low- income People in Los Angeles �� LSC 4 Chapter 6 — I.B. Household Composition and Income (page 6 -4 The Draft Plan Proposes reducing from 180 days to 90 days the amount of time an employed head of household, spouse, or co -head of household maybe absent from the unit due to employment before losing their membership in the family household. The Draft Plan should make an exception for military personnel as required by the Service Members Civil Relief Act (SCRA). 50 U.S.C. § 101 et seq. SCRA § 508 (b) prohibits the SMHA from enforcing a residency requirement against a member of a Section 8 household while he is in the arrny and on active duty. That section provides: "RESIDENCY REQUIREMENT - Any requirement related to the establishment of a residence within a limited time shall be suspended as to entry by a service member in military service until 180 days after termination of or release from military service." Chapter 8 -IL13. Initial HQS Inspection [24 CFR 982.401(a)] (page 8 -10) The Draft Plan increases the amount of time the PHA has to re- inspect the unit from 5 days to 10 days. The PHA should take into consideration the situation where a tenant may lose a new unit if the re- inspection does not take place sooner. If the family can provide evidence they will lose the unit if the re- inspection does not occur sooner, the PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica. Chapter 9 -I.F. Tenancy Approval (page 9 -10) The draft plan currently proposes that a tenant (revised from the PHA) may attempt to negotiate the rent with the owner when a tenancy is not approved due to rent affordability or rent reasonableness. The PHA must assist in negotiating a reasonable rent at the request of the tenant.4 The plan should provide that the PHA, at the request of the family, will assist the tenant in negotiating a reasonable rent with the owner in accordance with federal regulations. Chanter 10 -I.A. Allowable Moves (page 10 -3 The Draft Plan should be changed to reflect that a family must try to find an acceptable unit within 90 days instead of 60 days. This change should be made in order to allow tenants additional tirne, given the difficulty of finding Section 8 housing in the City of Santa Monica. Chapter 11-11 .13. Changes in Family and Household Composition (page 11 -7) The Plan should give the family and the PHA 90 days instead of 60 to find an acceptable unit. This change should be made in order to allow tenants additional time, given the difficulty of finding housing in the City of Santa Monica. 42 U.S.C. § 1437(f)(0)(10)(B) The Frontline Lam Firm for Poor and Low- income People in Los Angeles �� LSC4 Chanter 12 -I.D. Mandatory Termination of Assistance (page 12 -3 The Draft Plan proposes the following language: "A family must promptly give he PHA a copy of any owner eviction notice, if the family requests assistance to move, but has not provided the PHA with a copy of the eviction within 10 days of receiving the notice of lease termination, the move will be denied." We propose the following language instead: "A family must promptly give the PHA a copy of any owner eviction notice the tenant actually receives. If the family requests assistance to move, but has not provided the PHA with a copy of the eviction within 14 days of receiving the notice of lease termination, the move will be denied." We believe the proposed change is needed to address the circumstance where a tenant is not actually served with the eviction notice as alleged by the landlord. Furthermore, we believe the PHA should not decrease the time to 10 days instead of 14. Giving a family 14 days gives a family the necessary time required to provide a copy of the notice to the PHA. Limiting the time to 10 days instead of 14 seems arbitrary and places an unnecessary burden on families. It also means that more families may be denied the ability to move simply because they were unable to provide the notice to the PHA within the required time frame. Chapter 12. Reasonable Accommodation (page 12 -11) SMHA proposes to revise the section that requires PHAs to consider whether the family requires a reasonable accommodation when deciding whether to terminate the family's assistance. SMHA suggests limiting the consideration of an accommodation request to the situations where the behavior of a family member with a disability is the primary reason for a proposed termination of assistance. We opposed this change for several reasons. First, the primary reason for a proposed termination of assistance is not always obvious. Staff may arbitrarily determine whether or not a reason for termination is "primary," leading to mixed results for voucher holders. Second, SMHA should still require staff to consider a reasonable accommodation, even in cases where the behavior of the family member who experiences a disability is related to the proposed termination. An example helps illustrate these points: A participant family consists of a head -of- household plus two children. One child experiences a mental health disability such that she behaves erratically at times. The family lived in an apartment complex and when the child's symptoms became more pronounced, neighbors began to complain that the child's behavior caused a nuisance on the property. The family was evicted for nuisance and specifically, the daughter's behavior. SMHA then proposes to terminate the family's subsidy. The reason for the termination is the eviction, although the underlying reason for the eviction is the disability - related behavior of the child. The family should be able to request an accommodation to keep their voucher and the PHA should grant the accommodation so long as it is necessary and reasonable, despite the fact that the daughter's behavior is not the "primary" cause of the proposed termination. For these reasons, we recommend revising the current rule as follows The Frontline Law Firm for Poor and Low- income People in Los Angeles ��� LC__ "If a family indicates that the behavior of a family member with a disability is related to the reason for a proposed termination of assistance, the PHA will determine whether there is a nexus between the disability and the behavior." Chapter 16 — Notice to the Applicant (page 16 -9) and Scheduling an Informal Hearing (page 16 -12) The Draft Plan proposes increasing the amount of time the PHA has to schedule an informal hearing and send written notice of an informal hearing from 10 to 15 days. We are not opposed to this change; however, if the PHA also increases the time the family has to request an informal hearing from 10 to 15 days. (See page 16 -9 and page 3 -9.) By giving a family 15 days, this allows the family the necessary time to seek legal advice if needed, and to request the informal hearing. Chapter 17 -I1.G. Site Selections Standards The Draft Plan proposes to revise existing site selection standards as follows: It is the PHA goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In complying with this goal the PHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less on all new developments This proposed change would improperly eliminate the requirement that the PHA limit PBV housing approvals of existing or rehabilitated sites. This revision appears to violate 24 C.F.R. 983.57 - Site selection standards. Section 983.57(b) provides: The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an Agreement or HAP contract for units on the site, unless the PHA has determined that: (1) Project -based assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. Section 983.57 (d) provides that for existing and rehabilitated housing site and neighborhood standards, a site must meet specific site and neighborhood standards. One of the criteria is that the site must: "(2) Promote greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low- income persons." Section 983.57 (c) provides: "The PHA administrative plan must establish the PHA's policy for selection of PBV sites in accordance with this section." Apart from violating 24 CFR 987.57, allowing the PHA to approve PBV housing in areas of concentrated poverty is contrary to the PHA's obligations to affirmatively further fair housing choice. Fair Housing Act (42 U.S.C. 3608(e) (5)) requires that HUD programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act. HUD requires PHAs to examine their programs for impediments to fair housing choice. See 24 CFR § 903.7(0). Thus, the PHA is required to have policies that will ensure that Section 8 housing units (voucher and PBV) are located as much as possible in high opportunity areas and areas The Frontline Law Firm for Poor and Low- income People in Los Angeles I1 LSC_ ` accessible to people in protected classes. The PHA is further required to certify to HUD that it is in fact affirmatively further fair housing. See 24 CFR § 903 ET. Al. Chapter 17 — Tenant Absence from the Unit (page 17 -30) The Draft Plan proposes to reduce the period of time a family may be absent from the unit from 180 days to 90 days. See also page 12 -8. Pursuant to 24 CFR 982.31, the maximum period a family may be absent from a unit is 180 days, but the PHA may establish a lesser period. However, 24 CFR 982.31(e) requires that the PHA administrative plan "state the PHA policies on family absence from the dwelling unit." Pursuant to this subsection, the PHA absence policy is supposed to include: (1) How the PHA detennines whether or when the family may be absent, and for how long. For example, the PHA may establish policies on absences because of vacation, hospitalization or imprisonment; and (2) Any provision for resumption of assistance after an absence, including readmission or resumption of assistance to the family. Neither the existing Plan nor the Draft Plan state how the PHA determines whether or when the family is absent; nor are there policies distinguishing between absences based upon vacation, hospitalization or imprisonment. Military service is also not addressed. See comment supra, Chapter 6 —I.B. Household Composition and Income (page 6 -4) at page 4. A reduction to 90 days may unfairly result in terminations when the reason for the absence is due to factors beyond the control of the family such as disability (i.e. hospitalization), imprisonment, domestic violence or military service. A more tailored approach may be to limit certain absences such as for vacation or employment from 180 to 90 days, leaving other types of absences at 180 days. Chapter 19: Termination of Assistance and Tenane The PHA should develop specific guidelines to address the termination of participants from the Continuum of Care Program ( "CoC "), especially in the context of owner initiated evictions. The CoC program is specifically designed to provide assistance to chronically homeless individuals and families with disabilities who have been diagnosed with: substance use disorder, serious mental illness, developmental disability, post- traumatic stress disorder, cognitive impairments resulting from brain injury, and chronic physical illness or disability." S The guidelines provide that when the PHA is making decisions regarding terminating a program participant, they "must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination so that program participant's assistance is terminated only in the most severe cases.6 Even when program participants are evicted from their residence due to a "serious" lease violation, before terminating the participant, the PHA should make every effort to determine if the serious lease violation was result of the participant's disability. The PHA should determine 5 24 CFR Part 578.3 e 24CFR Part 578.91 The Frontline Law Firm for Poor and Low- income People in Los Angeles u =?SC whether there is a nexus between the participant's disability and the behavior which led to the serious lease violation. If there is a nexus, the participant should be able to request an accommodation to allow them to remain in the program. The PHA should grant the accommodation so long as it is necessary and reasonable. We believe separate guidelines for CoC participants is necessary given the population the program serves and the program's goals of ending homelessness and providing long -tern stability. PART TWO Chanter 12 — I.D. Mandatory Termination of Assistance (page 12 -2 The PHA should change their policy with regards to program termination due to evictions. HUD regulations require termination of assistance in the voucher program whenever a family is evicted for serious lease violations. 24 C.F.R. 982.552(b)(2). The PHA's policy is to terminate for a serious or repeated violation of the lease. Termination for a repeated violation of a lease is not mandatory and therefore should not be included in the policy as such. Also, even when the tenant is evicted for a serious lease violation, the PHA should still take into consideration not only whether the violations were related to domestic violence (as stated in the Adrmin Plan) but whether the lease violations were related to the tenant's disability. For example, one of the examples provided of a serious lease violation in the Admin Plan is "housekeeping habits that cause damage to the unit or premises." If a tenant is evicted due to housekeeping issues related to the tenant's compulsive hoarding disorder, the PHA is not required to terminate the tenant's assistance. The tenant may request a reasonable accommodation because the underlying lease violations are related to the tenant's disability. The PHA must grant the accommodation if it is necessary and reasonable. In addition, we suggest that the PHA, prior to termination, perform a two step case -by -case analysis to determine if the family has been evicted and if the eviction is the result of a serious lease violation. We propose the Plan be revised at page 12 -12 as follows: Proposed PHA Policy: Step 1:: The PHA will first determine if the family has been evicted. A family will be considered evicted if the property owner has an unconditional judgment to evict the family and a writ of possession is issued by the court and the sheriff posts a notice to vacate and the sheriff physically locks the tenant out (or the tenant moves in response to that notice to vacate.) If the family settles the case prior to trial, the PHA will not consider the family to have been evicted so long as the family meets all of the conditions of the stipulation, including vacating timely if required. The family will not be considered evicted just because a stipulation requires the entry of a judgment, the issuance of a writ of possession and /or the posting of a notice to vacate so long as the family complies with the terms of the stipulation, including vacating timely. In cases where a default judgment has been entered at no fault of the family, the family will not be considered evicted. The Ftondine Law Firm for Poor and Low- income People in Los Angeles 11 LSC Step 2: In every case, even if the family has been evicted, the PHA will make a detennination if the eviction was based on a serious lease violation or if the lease violation is also a violation of other family obligations. Serious lease violations include, but are not limited to, nonpayment of rent or other amounts due under the lease, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises, criminal activity, and other good cause. The PHA will also consider the property owner's motivation for filing the eviction. The PHA will make this determination based on available evidence. In making its decision, the PHA will consider the factors described in sections 12 -II.D and 12 -II.E. If a family moves after the owner has given the family an eviction notice for serious lease violations but before a legal eviction order has been issued, termination of assistance is not mandatory. In such cases the PHA will determine whether the family has committed serious violations of the lease based on available evidence and may terminate assistance or take any of the alternative measures described in section 12- II.0 -. In malting its decision, the PHA will consider the factors described in sections 12 -II.13 and 12 -II.E. Upon consideration of such factors, the PHA may, on a case -by -case basis, choose not to terminate assistance. We believe that the proposed language is necessary for several reasons. The additional language addresses the circumstance where a participant settles the case prior to trial by agreeing to vacate the unit and to having a judgment entered against the family. Property owners often require the entry of a judgment and the issuance of a writ of possession because if the tenant fails to vacate timely, the property owner may recover possession quickly. So long as a participant abides by the terns of the stipulation, the participant should not be penalized for stipulating to a judgment. A case -by -case analysis is necessary in every case to ensure that before a family is terminated, there has actually been a serious lease violation upon which the eviction is based. Termination should not solely be predicated on whether or not a judgment is ultimately entered against the tenant. Under the current PHA policy, most families do not want to risk going to trial because the outcomes are unpredictable and participants know if they lose their eviction case, they will also lose their Housing Choice Voucher. For this reason, most participants decide to settle their cases by agreeing to move out, even if they have meritorious defenses to the eviction case. Some Landlords exploit these fears and file frivolous eviction cases in order to force their Section 8 Tenants to move from their homes since they are not permitted to terminate participation in the program without just cause. This tactic is especially problematic in the City of Santa Monica because the number of Landlords who will accept Housing Choice Vouchers is already extremely limited. The participants who move from their units to preserve their vouchers are often forced to port their vouchers out of the City of Santa Monica because they can not find alternative housing within the City. In addition, our proposed policy is intended to address the situation where a family does not have legal representation and is not savvy enough to know that they will lose their voucher if a judgment is entered against them even when they are agreeing to move out. We believe the following two examples highlight the reasons why a case -by -case analysis is necessary prior to termination. The Frontline Law Firm for Poor and Low- income Peopte in Los Angeles �� LSC 10 Example 1: A single mother of three children has lived in her apartment for ten years with no prior incidents. One day, she receives a three day notice to cure or quit for various alleged lease violations, including having an unauthorized cat and an illegal dishwasher. The allegations are without merit, as she does not have a cat and the dishwasher was approved by the prior owner. No warning notice was served. Yet, she agrees to remove it, but asks the landlord to give her more than three days, so she can arrange for storage. Without her knowledge, the landlord files an unlawful detainer and fails to serve her with it. A default judgment is entered against her. As soon as the participant learns a default judgment has been entered against her, she, without obtaining legal assistance, files a motion to set the judgment aside. At the hearing, the participant is approached by the attorney for the landlord and is told the best way to resolve this case is for her to just move, and they will agree to have the record sealed so she will not have an eviction on her record. The participant does not want to risk losing her voucher, and therefore, she agrees to move even though she has nowhere to go with her three children. She believes if she just agrees to move and the record is sealed, her voucher will be safe. She later learns from the Housing Authority that unless she has the judgment set aside, she will lose her voucher. Example 2: A tenant has been a participant in the program for over 25 years and has always paid her rent on rime by mailing it to the address the landlord provided to her. After the participant complains about the deplorable conditions in her home, the landlord claims he never received the rent money and issues a three day notice to pay rent or quit. The participant knows she mailed the rent via certified mail several days before being served with the notice and advises the landlord that the rent is in the mail. The landlord still proceeds with filing an unlawful detainer, claiming he never received the rent. The tenant is reluctant to take this case to trial because she is fearful that if she loses at trial, she will automatically lose her voucher which she has held for the past 25 years. The tenant is also reluctant to settle the case by agreeing to move out because she knows that she will have an extremely difficult time finding alternative housing within the City of Santa Monica. Comments related to the Violence Against Women Act and housing rights of survivors of domestic violence: e..ikedaough = deleted text; Underline = new text; Italics = comments Chapter 2 2 -I.A. (Page 2 -2): First paragraph — "...Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability and status as a victim of domestic violence, dating violence sexual assault, or stalking." The Frontline Law Firm for Poor and Low - income People in Los Angeles =11 iSC 11 2 -I.B. (Page 2 -2): Add before fourth paragraph — "The SMHA will not discriminate on the basis of an individual's status as a victim of domestic violence, dating violence, sexual assault or stalking." Chapter 3 M.C. (Pages 3 -2 — 3 -3): First bullet point, last sentence — "(For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16 -IX.D of this plan.)„ (Page 3 -3): Bullet point — "If a court determines the disposition of property between members of the assisted family in a divorce ratio" decree, the PHA is bound by the court's determination of which family members continue to receive assistance." 3- III.G. (Page 3 -27): First paragraph — "The Violence Aagainst Women Act..." 5 -I.B. (Page 5 -4): Under "Additional Items to be Included in the Briefing Packet'— "Information about the protections afforded by the Violence Aagainst Women Act..." 5 -I.C. (Page 5 -6): First paragraph — "Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking will not be construed as serious or repeated lease violations by the victim [42 U.S.C. & 14043e -I l(b)(3)(A); 24 CFR 5.2005(c)(1)]." 7 -II.B. (7 -10): Add to end of section— "If a family is unable to rovide documentation of a valid SSN for any of the household members due to domestic violence dating violence sexual assault, or stalking, the PHA will grant the family an extension of at least 90 days in order to permit the family to obtain a replacement social security card." 7-11.C. (7-11): Add to end of section — "If a family is unable to provide documentation of age for any of the household members due to domestic violence dating violence sexual assault or stalking, the The Frontline Law Firm for Poor and Low- income People in Los Angeles �� LSC 12 PHA will grant the family an extension of at least 90 days in order to permit the family to obtain replacement documentation." 7 -II.G. (Page 7 -16): Add to end of section — "If a family is unable to provide documentation of immigration status for any of the household members due to domestic violence dating violence, sexual assault, or stalking the PHA will grant the family an extension of at least 90 days in order to permit the family to obtain a replacement documentation." 9 -I.A. (Page 9 -1): Third paragraph — "...under the Violence Aagainst Women Act..." (Page 9 -2): Second paragraph — "The PHA may not disclose to the owner any confidential information provided by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [42 U.S.C. & 14043e -1 l(c)(4); 24 CFR 5.2007(b)(4)]. 10 -II.B. (Page 10 -5): Under "Participant Families," first paragraph — "The Violence Aagainst Women Act..." 12 -LD. (Page 12 -2): First full paragraph — "The PHA must terminate assistance whenever a family is evicted from a unit assisted under the HCV program for a serious or repeated violation of the lease. As discussed further in section 12 -ILE, incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may net neither be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking nor considered eood cause for terminating assistance or tenancy of the victim or threatened victim." 12 -I.E. (Page 12 -6): Under "Other Authorized Reasons for Termination of Assistance," first paragraph — "...the Violence Aagainst Women Act..." 12 -II.E. (Page 12 -11): First paragraph — "...the Violence Aagainst Women Act..." Second paragraph typo (not sure what is intended) — "(Note: The second, third, and fourth protections also apply to terminations of tenancy or occupancy by owners participating in the HCV program do the limitations discussed under the next heading.)" The Frontline Law Firm for Poor and Low- income People in Los Angeles �� LSC 13 Fifth paragraph - "...is the actual or threatened victim of the domestic violence, dating violence, sexual assault, or stalking..." (Page 12 -12): Third full paragraph - "The Violence Against Women Reauthorization Act of 2013 2005 (VAWA) provides that an individual cannot be denied housing assistance tenancy, or occupancy rights due to "criminal activity directly relating to domestic violence, dating violence, sexual assault or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence dating violence, sexual assault, or stalking 42 U S C. 6 14043e- 11(b)(3)(A). ", tenant's any gpest of other assistanea, tenaney, or eeeupaney -R-Its if the tenant or an immediate meniber of the family is 7 ietim o, tt,,., atened ,.,.lusuaar ar stalk-i . Fourth paragraph - "VAWA also gives PHAs the authority to "evict, remove, or terminate assistance to any individual who is a tenant or lawful occupant of the housing and who engages in criminal activity directly relating to domestic violence dating violence sexual assault, or stalking against an affiliated individual or other individual without evicting removing, terminating assistance to or otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing 42 U.S.C. § 14043e- 11(b)(3)(B)(i)." "terminate assistance to any individual who is a te-nFo# or lawfiil occupant andAto engages in orimina4 acts of h ..1 vialenee against Fffni, l y ra + _ h 'tl ,t ff%,ieting, r-emoving-,tenBinating assistance a. or otherwise is also " t.«.«t l.fi. l 12- III.B. (Page 12 -15): Second paragraph - "...and the victim is protected from eviction by the Violence Aagainst Women Act of 20132905..." 12- III.D. (Page 12 -18): Third paragraph - "...is limited by the Violence Aagainst Women Act of 20132905..." 13-I.E. (Page 13 -8): First paragraph - "The owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status, erdisability, or status as a victim of domestic violence dating violence sexual assault or stalking, in connection with any actions or responsibilities under the program and the contract with the PHA." The Frontline Law Firm for Poor and Low - income People in Los Angeles �� LSCw 14 Chapter 16 Introduction (Page 16 -1): "Part IX: Violence Aagainst Women Act..." 16 -IX.A. (Page 16 -35): First paragraph — "The Violence Aagainst Women Act..." 16 -IX.B. (Page 16 -35): Title— DEFINITIONS [42 U.S.C. S& 13925(a), 14043e- 11(a); 24 CFR 5.2003] "The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction." (Page 16 -36): The term stalldng means enaaping in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or others; or • Suffer substantial emotional distress T -1 under sunreillance with ♦4le i«tent to kill, e, harass, or intimidate h e in the course of-, orm as a resWt of-, such following, pursuit, surveillanee, or repeatedly earmaitted acts, to plaee-a-persRn in reaqanablp, fear of the death of, or serious bedily injury to, or tR eauge substantial emotianal. baffn to (1) that person, (2) a P'rof the 16 -IX.0 (Page 16 -36): Under PHA Policy — "A copy of form HUD - 50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking" Note: HUD Form 50066 has been updated to reflect VA WA 2013. The new form is appended to these comments. The Frontline Law Firm for Poor and Low- income People in Los Angeles cWC 15 (Page 16 -37): Fourth paragraph — "The VAWA information provided to applicants and participants will consist of the notice in Exhibit 16 -1 and a copy of form HUD - 50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, and Stalking." Under "Notification to Owners and Managers," third paragraph — "The VAWA information provided to owners will consist of the notice in Exhibit 16 -2 and a copy of form HUD - 50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. 16 -IX.D (Page 16 -37): Title— "DOCUMENTATION [42 U.S.C. & 14043e- 11(c)(3); 24 CFR 5.2007] Bullet #1 — "(1) A completed and signed HUD - approved certification form (HUD - 50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking)..." (Page 16 -38): Bullet 42 — "(2) A federal, state, tribal, territorial, or local police report, -or court record, or. administrative record" Bullet #3 — "(3) Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, or stalking, or to effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; or a medical professional or mental health professional. ^ eeeptable daeumentation. also lude., The person signing the documentation must attest under penalty of perjury to the person's belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. Exhibit 16 -1 (Page 16 -40) First paragraph — "The name of to law is the Violence Aagainst Women Act..." Last paragraph, subheading — "Proving That You Are a Victim of Domestic Violence, Dating Violence, Sexual Assault, or Stalking" (Page 16 -41): Second bullet — "Provide a statement from a victim service provider, attorney, ermedical professional or mental health professional who..." Third bullet — "Provide a police or court record, such as a protective order, or an administrative record." The Frontline Law Firm for Poor and Low- income People in Los Angeles 11 [SC 16 (Page 16 -42): VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the following: • A current or former spouse or intimate partner of the victim • A person with whom the victim shares a child in common • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies • Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction VAWA defines stalldng as engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or others; or • Suffer substantial emotional distress intimida another person OR Oi) to place tindef sun�eil!24,ep. ivit4i tlie inteflt to kill, injure, harasa,-m intimidate another person 1. ADID (B) in of-, ult of or repeatedly committed acts, to plape a persen in Feasonable fear of the death of-, or sefietis badil iffjufy-t�l or to eause substai4ial emotional harm to (i) that persen, (ii) a member of the i ediate family of }x-ci?isc pei�sen, or (iii) the spouse or intimate p&Aaer of that pel�sen." Exhibit 16 -2 (Page 16 -43): First paragraph — "The name of the law is the Violence Aagainst Women Act..." Last paragraph — "A statement from a victim service provider, attorney, or- medical professional, or mental health professional who..." (Page 16 -44): First line — "A police or court record, such as a protective order or an administrative record." - e. _. . . . . . -. . Under Definitions — The Frontline Law Firm for Poor and Low- income People in Los Angeles �cLSC, 17 VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the following: • A current or former spouse or intimate partner of the victim • A person with whom the victim shares a child in common • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies • Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction (Page 16 -45): VAWA defines stalking as engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or others, or • Suffer substantial emotional distress Glossary (Page GL -6 — GL -7) The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim tinder the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (Page GL -15): The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or others; or The Frontline Law Firm for Poor and Low- income People in Los Angeles ��� ISC MZ Glossary (Page GL -6 — GL -7) The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim tinder the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. (Page GL -15): The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: • Fear for his or her safety or others; or The Frontline Law Firm for Poor and Low- income People in Los Angeles ��� ISC 18 substantial 0 Suffer . . E) To follow, pursue, er repeatedly ea rhiiit acts with the intent to 1611, inj�e, harass, 0 or intimidate another (Page GL -16): Violence Against Warren Reauthorization Act (VA WA) of 2013. Prohibits denying admission, evicting or terminating housing assistance from an applicant or program participant on the basis that lie or she has been a victim of domestic violence, dating violence, sexual assault, or stalking. Comments related to housing access for persons with limited English proficiency: SMHA should be commended for its incorporation of language access concerns into its Administrative Plan, including having a written language assistance plan ( "LEP Plan "). The following comments are suggested places in the Administrative Plan where language access concerns should be highlighted. Of course, the housing authority has an obligation under Title VI of the Civil Rights Act of 1944 and HUD's 2007 LEP Guidance (cited below) to provide meaningful language access to persons with limited English proficiency that extends to a wide range of PHA activities. These suggestions are intended to emphasize areas in the plan where language access concerns may arise with some frequency; however, they are not necessarily exhaustive. Introduction (p. 2 -1) Part III needs to be updated to include reference to the HUD LEP Guidance, entitled "Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice" (Jan. 22, 2007). That guidance can be found at: htti)://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pd f Section 2 -I.A. Overview (p. 2 -2) The HUD LEP Guidance should also be included among the sources of authority. o HUD LEP Guidance, "Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice," 72 Fed. Reg. 2732 (Jan. 22, 2007). Executive Order 13166 should also be included. (p. 2 -4) The PHA should have a policy in place to assist LEP applicants and participants with filing a discrimination complaint with the housing authority. The Frontline Law Firm for Poor and Low-income People in Los Angeles II LSC 19 Chapter 2 Part III• Improving Access to Services for Persons with Limited English Proficiency Section 24ILA Overview (p. 2 -10) The first paragraph should update references to include the HUD LEP Guidance, issued in 2007 (cited above) (p. 2 -11) While the use of community volunteers can be a valuable resource, caution must be taken to ensure that the volunteers are appropriately trained and that confidentiality concerns regarding individual applicants and tenants are adequately taken into account. This is particularly true in smaller linguistic communities, where the likelihood that the participant /applicant and the community volunteer may know one another outside of the program context increases. The language line, along with bilingual /multilingual staff, should be the primary means by which interpretation assistance is provided. Community volunteers should only be used when other language assistance options cannot be otherwise easily provided. (p. 2 -11) The language noting that interpreters "may be a family member or friend," needs to include language qualifying this statement. Minor children should never be called upon to act as interpreters for their parents or other family members, for several reasons, including to preserve the quality of interpretation and to shield children from engaging in sensitive conversations involving issues such as domestic violence. The language should state, "The interpreter may be a family member or friend; however, the PHA will not permit minor children to act as interpreters." Exhibit 2-2: Santa Monica Housing Authority Language Assistance Plan (pp. 2 -14 to 2 -18) Part I Plan Statement (p. 2 -14) • The introductory paragraph of the language assistance plan should include language about SMHA proactively offering language assistance when there is a clear language barrier. Some LEP individuals are intimidated to ask for assistance, and a proactive approach makes LEP individuals more comfortable asking for assistance in the language in which they are most comfortable communicating, and less likely they will tuna to children or other individuals who may not be qualified to interpret in a given situation. • Third paragraph, change "Limited English Proficiency" to "Limited English Proficient." Part II Meaningful Access: Four Factor Analysis (p. 2 -14 to 2 -15) • Factor two suggests that further breakdown of information about LEP participants may not be available. Perhaps establishing a method by which the PHA can track requests for language assistance would help clarify the language assistance needs of the community. Part VI of the LEP Plan (item #2) suggests that tracking such may already be occurring. If such information has already been tracked, including those figures (and updating it as the LEP Plan is updated) would help better identify existing language needs. • Factor three could include stronger language about the importance of housing to family stability; providing LEP individuals with the tools to understand their rights and obligations as Voucher participants decreases the likelihood that they will mistakenly violate program rules that can jeopardize their housing subsidies. The Frontline Law Firm for Poor and Low- income People in Los Angeles ��� LSC 20 o Factor four calls upon the funding recipient to discuss the resources available to the funding recipient itself, as well as costs. Additionally, SMHA should note that not all HUD translated documents are currently included at the URL provided. Additional documents are available throughout the HUD clips Fonn Library. Part III Language Assistance' (p. 2 -15) • Add 45 to initial list: Provide translated versions of vital documents to LEP applicants and participants. • Add #6: Provide free interpretation assistance upon request for all other housing authority transactions. • Interpreters (p. 2 -16) (additional language underlined; deletions crossed out) • Second paragraph: Interpretation assistance via telephone conferencing will be offered for one -on -one meetings with staff as needed. Friends and ehild+en 3f pai4ieipants will be strongly Friends will be strongly discouraged as interpreters; minor children will not be erennitted to act as interpreters. • Third paragraph: Replace "translating" with "interpreting." • Translation (p. 2 -16) • A complete listing of the translated forms would be useful here, including the HUD translated forms. This would help advocates know in advance the kinds of information their clients have access to. The plan should also list which languages SMHA will be providing translated documents for. • Translated versions of briefing packet contents should be provided to LEP families, particularly those already provided by HUD, and thus should also be listed here. For example, the HUD tenancy addendum is available in multiple languages at: htti)://portal.hud.gov/hii_dportal/HUD?srgf/Trojgam offices /administration /hudelips /forms /hudSa • Vital documents (p. 2 -16) The language assistance plan should include a listing of documents considered to be vital, expanding upon the examples already provided. The HUD LEP Guidance lists documents that are vital or widely used such that translation may be warranted. SMHA should examine this list, which includes: • Consent /complaint forms • Intake forms with potential for important consequences • "Written notices of rights, denial, loss, or decreases in benefits or services, and other hearings" • Eviction notices • Notices that advise of the availability of free language assistance • Public hearing notices, "especially those that meet Community Planning and Development's citizen participation requirements" • Tenant rules and leases • Program/benefits applications The above list is located at 72 Fed. Reg. at 2,744. The Frontline Law Firm for Poor and Low - income People in Los Angeles ��� (.SC 21 The LEP Plan should include a definition of what a "vital document" is so that any evaluations concerning which documents to translate will use this definition as guidance. After the first sentence, insert: HUD's LEP Guidance states that "[v]ital documents are those that are critical for ensuring meaningful access by beneficiaries or potential beneficiaries generally and LEP persons specifically." 72 Fed. Reg. at 2,736. Whether a document is vital depends on the "importance of the program, information, encounter, or service involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely manner." Id. at 2752. The HUD Tenancy Addendum should be on this list, as well as any briefing materials provided to families that discuss rights or obligations under the Voucher program. ® Part IV, Outreach (p. 2 -16) o Add an additional sentence: Outreach will also include advertising waitlist openings in non - English media. Part V, Training (p. 2 -17) o Add an additional item for training: The potential consequences of having close fiends or children act as interpreters. ® Part IV, Complaints (2 -18) o Any posted translated notices about the availability of language assistance should also reference this complaint process. 3 -II.B. Citizenship or Eligible Immigration Status (3 -12 to 3 -14) o The plan already points out that the SMHA will provide translated copies of notices detailing the requirement that evidence of citizenship be submitted, in accordance with the SMHA's LEP Plan. The following suggestions include other paperwork that should also be considered vital documents and translated in accordance with the SMHA LEP Plan. Declaration 124 CFR 5.508] [• •] In accordance with SMHA's LEP Plan, a translated version of the declaration of eligible immigration status, and other appropriate language assistance, will be provided to LEP applicants. Eligible Noncitizens In accordance with SMHA's LEP Plan, a translated version of the verification consent form, and other appropriate language assistance, will be provided to LEP applicants who declare eligible noncitizen status. Ineligible Noncitizens The Frontline Law Furn for Poor and Low- income People in Los Angeles �� LSC 22 After the first paragraph insert: In accordance with SMHA's LEP Plan, a translated version of the noncontending family members listing, and other appropriate language assistance, will be provided to LEP applicants with household members who do not wish to assert eligible immigration status. Mixed Families I ... I After the first paragraph insert: In accordance with SMHA's LEP Plan, a translated version of the notification of prorated assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households. Ineligible Families PHA Policy At the end of the third paragraph, insert: In accordance with SMHA's LEP Plan, a translated version of the notice of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households. Section 3-11 .1). Family Consent to Release of Information (P. 3 -15) ® A translated notice of this consent form, and other appropriate language assistance, should be provided to LEP applicants. Section-III .F. Notice of Eligibility or Denial (p. 3 -26) At the end of the first paragraph add: Any notification of the family's eligibility for assistance will be translated in accordance with SMHA's LEP Plan. PHA Policy I ... I Add a paragraph stating: In accordance with SMHA's LEP Plan, a translated version of the notification of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants. Section 3-III .G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking (p. 3 -27) ® VAWA 2013 requires that a HUD - created housing rights notice advising participants and applicants of their VAWA rights be distributed on three occasions: (1) denial; (2) admission; and (3) notification of eviction/termination of assistance from a covered unit. VAWA 2013 also requires that this notice be available in multiple languages, consistent with the 2007 HUD LEP Guidance issued in accordance with Executive Order 13166. This section needs to be updated to ensure that LEP participants and applicants receive this notice in accordance with SMHA's LEP plan. See 42 U.S.C. § 14043e- I1(d). Note The Frontline Law Finn for Poor and Low- income People in Los Angeles �� LSC 23 that this notice must be distributed with a HUD - approved domestic violence certification form (HUD Form 50066). Notification (p. 3 -27) VAWA 2013 requires that this notice of VAWA rights be translated in accordance with Executive Order 13166 and HUD's 2007 LEP Guidance. The plan should note that SMHA will distribute this notice, as well as a translated updated version of HUD - 50066, in accordance with the SMHA's LEP Plan. PHA Policy [• •l Insert: Should SMHA make a written request to an applicant seeking to assert VAWA protections, SMHA will provide a translated copy of this request, and provide other appropriate language assistance, in accordance with the SMHA LEP Plan. Documentation (p. 3 -28) Victim Documentation PHA Policv Insert: Should SMHA make a written request to an applicant seeking to assert VAWA protections, SMHA will provide a translated copy of this request, and provide other appropriate language assistance, in accordance with the SMHA LEP Plan. 4.I.B. Applying for Assistance Limited English Proficiency (p. 4 -3) Insert after first sentence: Throughout the application, wait list, and selection process, SMHA must ensure that LEP individuals are provided with meaningful language access in accordance with HUD's 2007 LEP Guidance and the SMHA LEP Plan. This includes, but is not limited to, providing translated documents to applicants and conducting outreach about waitlist openings /closures and admissions preferences in non - English ethnic media. 4.11.C. Opening and Closing the Waiting List (p. 4 -6) Reopening the Waiting List (p. 4 -6) PHA Policy (additions underlined) The PHA will give public notice by publishing the relevant information in suitable media outlets, including, but not limited to: a Posting a notice in plain view in the City Hall lobby, with a translated version(s) in accordance with the SMHA LEP Plan a Placing a notice in the Spanish language newspaper, as well as newspapers that serve other language communities in accordance with the SMHA LEP Plan The Frontline Law Firm for Poor and Low- income People in Los Angeles 11 LSC 24 Posting a notice in community centers, including those that serve largely non - English speaking populations Arranging http:www.singov.net/ and cable TV public service announcements, including announcements that are accessible in non - English languages in accordance with the SMHA LEP Plan; Arranging for announcements in non - English ethnic media 4-11 .1). Family Outreach fa.-4-6 to 4 -7) (additions underlined) [...] PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities: o Submitting press releases to local newspapers, including minority and non - English newspapers ® Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities, as well as immigrant populations 4-II .F. Updating the Waiting List (p. 4 -8) Removal from the Waiting List PHA Policy At the end of the second paragraph add: In accordance with SMHA's LEP Plan, a translated version of the notice of removal from the waitlist, and other appropriate language assistance, will be provided to known LEP applicants. 4.111.1). Notification of Selection (p. 4 -14) PHA Policy After the last paragraph add: In accordance with SMHA's LEP Plan, SMHA will include a translated statement for LEP applicants in the selection notification packet; this statement will notify LEP applicants of the availability of translated materials and additional language assistance. 4 III E The Application Interview (p. 4 -14 to 4 -15) Suggested language (additions underlined, deletions crossed out): PHA Policy The Frontline Law Firm for Poor and Low - income People in Los Angeles I 11=11-1-111- C 25 Per the PHA's LEP Policy ... an advocate, interpreter, or other assistant may assist the family with the application the interview process. No minor children will be permitted to act as an interpreter for these interviews. hiterviews will the conducted in English. For limited English proficient (LEP) applicants, the PHA will provide translation interpretation services free of charge in accordance with the PHA's LEP Plan. During the interview process. SMHA will also niovide translated copies of any documents considered to be "vital documents" in accordance with the SMHA LEP Plan. 4-11I .F. Completing the Application Process (p. 4 -15 to 4 -16 PHA Policv At the end of the second paragraph add: In accordance with SMHA's LEP Plan, a translated version the notice of ineligibility, and/or notification of the availability of other appropriate language assistance regarding the notice, will be provided to LEP applicants. 5.I.B. Briefing (p. 5 -2) Suggested language (additions underlined): PHA Policv [...7 Briefings will the conducted in English. For limited English proficient (LEP) applicants, the PHA will provide trangl atiea interpretation services free of charge in accordance with the PHA's LEP Plan. Add as the final paragraph: Before and during the briefing process, SMHA will also provide translated copies of any documents considered to be "vital documents" in accordance with the SMHA LEP Plan. 6-11I .B. Financial Hardships Affecting Minimum Rent Implementation of the Hardship Exception (p. 6 -39) Determination of Hardship PHA Policv To qualify for a hardship exemption, a family must submit a request for a hardship exemption in writing. The request must explain the nature of the hardship and now the hardship has affected the family's ability to pay the minimum rent. For LEP participants the PHA will provide appropriate language assistance in submitting this written request in accordance with the PHA's LEP Plan. The Frontline Law Firm for Poor and Low- income People in Los Angeles 11 LSC IF- 26 Introduction (p. 7 -1) After the final paragraph add: During the verification process, SMHA will provide appropriate language assistance for LEP applicants and program participants, including interpretation services and translation of any vital documents, in accordance with the SMHA LEP Plan. 7.II.G. Citizenship or Eligible Irnmiaration Status (p. 7 -15) Overview After the final paragraph add: During the eligible immigration status verification process, SMHA will provide appropriate language assistance for LEP applicants and program participants, including interpretation services and translation of any vital documents, in accordance with the SMHA LEP Plan. 8.ILA Overview (p. 8 -10) Notice and Scheduling PHA Policv At the end of the paragraph add: Notices of inspection will be translated for LEP participants, and will note the availability of appropriate language assistance, in accordance with SMHA's LEP Plan. MIX Inspection Results and Reinspections for Units Under Contract (p. 8 -13) Notification of Corrective Action At the end of the last paragraph add: Notices of corrective action will be translated for LEP participants, and will note the availability of appropriate language assistance, in accordance with SMHA's LEP Plan. 11 -I.B. Scheduling Annual Reexaminations (p. 11 -2) Notification of and Participation in the Annual Reexamination Process PHA Policv [ ... I An advocate, interpreter, or other assistant may assist the family in the interview process, No minor children will be permitted to act as an interpreter for these interviews. For limited English proficient (LEP) applicants, the PHA will provide interpretation services free of charge in accordance with the PHA's LEP Plan. 12 -II.D. Criteria for Deciding to Terminate Assistance PHA Policy (12 -9 to 12 -11) Add new subsection: Limited English Proficiency The Frontline Law Firm for Poor and Low - income People in Los Angeles ISC II-_ 27 The PHA will not terminate an LEP family's assistance if the family was not provided properly translated notices and therefore not provided an opportunity to connect a violation that could otherwise have been remedied. 12 -II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, or Stalking (p. 12- 11) /12.II.F. Termination Notice ® VAWA 2013 requires that a HUD- created housing rights notice advising participants and applicants of their VAWA rights be distributed on three occasions: (1) denial; (2) admission; and (3) notification of eviction/teimination of assistance from a covered unit. VAWA 2013 also requires that this notice be available in multiple languages, consistent with the 2007 HUD LEP Guidance issued in accordance with Executive Order 13166. This section needs to be updated to ensure that LEP participants and applicants receive this notice in accordance with SMHA's LEP plan. See 42 U.S.C. § 14043e- 1l(d). Note that this notice must be distributed with a HUD - approved domestic violence certification form (HUD Form 50066). 12 -II.F. Termination Notice (p. 12 -14) PHA Policv Insert as a third paragraph: SMHA will provide translated copies of the termination notice to LEP participants, in accordance with SMHA's LEP Plan. At the end of the following paragraph beginning with "If a family whose assistance is being terminated... "add: VAWA 2013 also requires that this notice of VAWA rights be translated in accordance with HUD's LEP Guidance and Executive Order 13166. 16.III.B. Informal Reviews Notice to the Applicant (P. 16 -9) At the end of the paragraph: In accordance with SMHA's LEP Plan, a translated version of the notification of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants. Informal Review Procedures (p. 16 -9) Free language assistance will be provided for LEP applicants, in accordance with SMHA's LEP Plan. 16 -IILC Informal Hearings for Participants (p.16 -10) Informal Hearing Procedures Add after the third opening paragraph: In accordance with SMHA's LEP Plan, a translated version of the notification of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants. PHA Policv The Frontline Law Firm for Poor and Low- income People in Los Angeles 11 LSC M To the list add: Availability of free language assistance, in accordance with SMHA's LEP Plan; and That the participant may bring an interpreter to the informal hearing (other than a minor child) Attendance at the Informal Hearing (pp. 16 -13 to 16 -14) (strike through = deletions; underlined text represents additions) Change language as follows: The family is entitled to arrange for an interpreter to attend the hearing, at the expense of the family, or the PHA, o ag ued apon by the two pai4ies if requested by the family. 16- III.1). Hearing and Appeal Provisions for Non - Citizens USCIS Appeal Process (pp. 16 -17 to 16 -1$1 PHA Policy Insert at the end of the firstparagraph: hi accordance with SMHA's LEP Plan, a translated version of this notice, or notification of other appropriate language assistance, will be provided to LEP applicants. Representation and Interpretive Services (p. 16 -19) (strike through = deletions; underlined text represents additions) The family is entitled to arrange for an interpreter to attend the hearing, at the expense of the family, or the PHA, as y be agreed Won by the two r^ ' °^ if requested by the family. Part IX: Violence Against Women Act (VAWA) Notification, Documentation, Confidentiality 16 -IX.C. Notification(p. 16 -36) Notification to Program Applicants and Participants (p. 16 -37) At the end of the initial paragraph beginning ivith "PHAs are required to inform... " add: VAWA 2013 also requires that this notice of VAWA rights be translated in accordance with HUD's LEP Guidance and Executive Order 13166. Glossary of Subsidized Housing Terms Consider adding the following terms to the Glossary: Limited English Proficient: Tenn used to describe individuals who, due to their national origin, "do not speak English as their primary language and who have a limited ability to speak, read, write or understand English." e Definition taken from the HUD 2007 LEP Guidance. 72 Fed. Reg. 2751. Vital Documents: Any "document that is critical for ensuring meaningful access to the [PHA's] major activities generally and LEP persons specifically." Whether a document is vital depends on the "importance of the program, information, encounter, or service involved, and the The Frontline Law Firm for Poor and Low- income People in Los Angeles �� =LSC 29 consequence to the LEP person if the information in question is not provided accurately or in a timely manner." ® Definition taken from the HUD 2007 LEP Guidance. 72 Fed. Reg. 2752. Miscellaneous Comments Section 2 -I.A. Overview (p. 2 -3) The Adrnin Plan states that the PHA has not identified additional protected classes. However, additional protected classes exist under state law. For example, the state Fair Employment and Housing Act, Cal. Gov. Code § 12955, prohibits discrimination on the basis of "race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information." In the list of actions the PHA will not engage in, add: The PHA will not coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of fair housing rights. Additionally, the PHA will not retaliate against individuals for exercising, or encouraging others to exercise, their- fair housing rights. Section 3 -IILA. Overview (p. 3 -19) Prohibited Reasons for Denial of Program Assistance e Insert, at the end of the list: Gender identity, sexual orientation, or marital status [Source: HUD Equal Access Rule, 77 Fed. Reg. 5662 (Feb. 3, 2012)] Protecting Tenants at Foreclosure Act (PTFA) o Several parts of the Draft Plan mention the PTFA and its December 2014 sunset. Kent Qian of our staff may have suggestions on how this may affect parts of the plan that discuss the PTFA. We're happy to put you in touch with him. Sincerely, P�W 1a esa M. Bolds, Esq. Legal Aid Foundation of Los Angeles Deborah Thrope, Esq. National Housing Law Project The Frontline Law Firm for Poor and Low- income People in Los Angeles �� LSC. CERTIFICATION OF DOMESTIC U.S. Department of Housing OMB Approval No. 2577 -0249 VIOLENCE, DATING VIOLENCE, and Urban Development Exp. (07/31/2017) SEXUAL ASSAULT, OR STALKING Office of Public and Indian Housing Purpose of Form: The Violence Against Women Reauthorization Act of 2013 ( "VAWA ") protects qualified tenants, participants, and applicants, and affiliated individuals, who are victims of domestic violence, dating violence, sexual assault, or stalking from being denied housing assistance, evicted, or tenninated from housing assistance based on acts of such violence against them. Use of Form: This is an optional Corm. A PHA, owner or manager presented with a claim for continued or initial tenancy or assistance based on stams as a victim of domestic violence, dating violence, sexual assault, or stalking (herein referred to as "Victim ") has the option to request that the victim document or provide written evidence to demonstrate that the violence occurred. The Victim has the option of either submitting this form or submitting third -party documentation, such as: (1) A record of a Federal, State, tribal, territorial, or local law enforcement agency (e.g. police), court, or administrative agency; or (2) Documentation signed by the Victim and signed by an employee, agent or volunteer of a victim service provider, an attorney, a medical professional, or a mental health professional from whom the Victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, in which the professional attests under penalty of perjury (28 U.S.C. 1746) that he or she believes that the incident of domestic violence, dating violence, sexual assault, or stalking is grounds for protection under 24 Code of Federal Regulations (CFR) § 5.2005 or 24 CFR § 5.2009. If this form is used by the Victim, the Victim must complete and submit it within 14 business days of receiving it from the PHA, owner or manager. This form must be returned to One person and address specified in the written request for the certification. If the Victim does not complete and return this form (or provide third -patty verification) by the 14th business day or by an extension of the date provided by the PHA, manager or owner, the Victim cannot be assured sPoe will receive VAWA protections, If the Victim submits this form or third -party documentation as listed above, the PHA, owner or manager cannot require any additional evidence from the Victim. Confidentiality: All information provided to a PHA, owner or manager concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking relating to the Victim (including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking) shall be kept confidential by the PHA, owner or manager, and such information shall not be entered into any shared database. Employees of the PHA, owner, or manager are not to have access to these details unless to afford or reject VAWA protections to the Victim; and may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) requested or consented to by the Victim in writing; (ii) required for use in an eviction proceeding; or (iii) otherwise required by applicable law. TO BE COMPLETED BY THE VICTIM OF DOMESTIC VIOLENCE DATING VIOLENCE SEXUAL ASSAULT, OR STALKING: Date Written Request Received by Victim: Name of Victim: Names of Other Family Members Listed on the Lease: Name of the Perpetrator *: *Note: The Victim is required to provide the name of the perpetrator only if the name of the perpetrator is safe to provide, and is known to the victim. Perpetrator's Relationship to Victim: Date(s) the Incident(s) of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Location of Incident(s): form HUD -50066 (07/2014) Description of Incident(s) (This description may be used by the PHA, owner or manager for purposes of evicting the perpetrator. Please be as descriptive as possible.): [INSERT TEXT LINES HERE] I hereby certify that the information that I have provided is true and correct and I believe that, based on the information I have provided, that I am a victim of domestic violence, dating violence, sexual assault or stalking. I acknowledge that submission of false information is a basis for denial of admission, termination of assistance, or eviction. Signature Executed on Public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. Information provided is to be used by PHAS and Section 8 owners or managers to request a tenant to certify that the individual is a victim of domestic violence, dating violence or stalking. The information is subject to the confidentiality requirements of the HUD Reform Legislation. This agency may not collect this information, and you are not required to complete this form unless it displays a currently valid OMB control number. form HUD -50066 (0712014)