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SR 12-06-2016 3D
Ci ty Council Report City Council Meeting : December 6, 2016 Agenda Item: 3.D 1 of 6 To: Mayor and City Council From: Andy Agle, Director , Housing and Economic Development, Housing Division Subject: Housing Authority Proposed Revision to 2016 Administrative Plan Recommended Action Staff recommends that the City Council approve the propo sed revisions to the 2016 Housing Authority Administrative Plan. Executive Summary The Santa Monica Housing Authority operates rental housing voucher programs funded by the federal government which are implemented based upon an Administrative Plan. The p lan must be periodically updated to reflect changes mandated by federal regulations, as well as revisions in discretionary policies determined by a local housing authority. Key aspects of the proposed discretionary revisions to the current plan include se parate waiting lists for the four voucher programs (which serve different populations), streamlining procedures for the waiting lists, expanded priorities for residents who are displaced or severely rent burdened, clarification regarding rent limits and an nual rent increases, and enhanced protocols regarding tenant responsibilities. Changes to the existing plan require approval by the City Council. Background The U.S. Department of Housing and Urban Development (HUD) provides federal funds to the Santa M onica Housing Authority (HA) to administer rental assistance programs for approximately 1,400 very low -income households. Since approval of the 2016 Administrative Plan (Plan) earlier this year, HUD regulations governing the Section 8 Program have changed and trigger mandatory changes to the Plan. Further, HUD permits the local jurisdiction to make discretionary policies and procedures to administer the HA’s rental subsidy programs, after a public comment period. 2 of 6 The Administrative Plan is not a strategic or planning document, rather an operations manual of policies and procedures. Its purpose varies for each of our constituencies: It informs the Housing Commission and City Council regarding the policies of the HA on all aspects of program operations. It s erves as a policy and procedures manual for staff to adhere to uniformly and consistently in their daily work. It provides the standard by which participants and the public can determine if applicants and participants are being treated equitably. It notifi es HUD of the policies the HA has adopted in conformity with HUD Regulations. HUD expects the HA to develop policies and procedures that are consistent with mandatory regulations and to make clear the optional or discretionary policies the HA has adopted. HUD’s direction under 24 CFR 982.54 requires the HA to make policy choices that provide guidance to staff, the public, and program applicants and participants. If local policies conflict with HUD regulations, HUD regulations take precedence. The context o f the Plan begins with federal laws that govern the programs. HUD writes regulations and notices to interpret, clarify, and define the laws. The HA then develops policies and procedures consistent with the regulations and notices and compiles the policies in the Plan. Discussion The proposed revisions to the 2016 Plan reflect and comply with changes in HUD regulations and HA operations, in order to help ensure staff consistency in administration. Staff proposes revisions to the discretionary policies gov erning the administration of the wait lists, and rent limits for housing subject to affordability covenants. The proposed revisions to the discretionary policies in the Plan are detailed in Attachment B. Highlights of proposed discretionary revisions to th e 2016 Plan include policies which: 1. Adds language to distinguish vouchers funded by federal HOME grants from the Section 8 Housing Choice Voucher Program. 3 of 6 2. Adds language to clarify that the revised Administrative Plan becomes effective upon approval by Ci ty Council, rather than HUD. 3. Adds language that is consistent with HUD regulations for situations where two parents share joint custody of minor children, clarifying that only one parent is eligible for the HUD dependent deduction and only one parent is el igible to receive a voucher size appropriate to accommodate the minor children. 4. Proposes changes to the administration of the wait list: (Staff anticipates opening the Housing Choice Voucher and inclusionary housing wait lists in early 2017 . T he Continu um of Care and HOME wait lists are referral -only lists that are proposed to remain open . Anyone remaining on the existing wait lists with a continued interest would have an opportunity to apply for the new wait lists.) a. Requires applicants to utilize the o nline system “Assistance Check” to apply and report changes to their housing applications. b. Adds language to clarify that the Housing Choice Voucher (HCV) wait list may be closed upon receipt of an adequate number of applications. c. Adds a procedure to main tain a wait list of 500 total applications for Tenant -Based and Project -Based Voucher (PBV). d. Adds language permitting one wait list for HCV and PBV, and separate wait lists for Continuum of Care, inclusionary housing, and HOME programs. The separate wait lists for Continuum of Care and HOME programs are proposed to remain open while funding is available in order to address immediate needs. The inclusionary housing wait list is recommended to remain open at all times in order to ensure sufficient applicants . e. Adds clarifying instructions to applicants who request to add family members to their application while they are awaiting selection from a wait list. f. Adds clarifying language to allow applicants to remain on multiple wait lists after being selected to participate in one of the HA’s programs. 4 of 6 g. Adds language to further describe households eligible for special admission to the wait list (e.g., admission due to expiring affordability covenants on a HUD -financed senior project). h. Adds two new categories of dis placement that are eligible for a Tier 1 priority: A family assisted through a federal housing program and displaced from that program for reasons beyond their control, or Victims of domestic violence/familial abuse, sexual assault or stalking. i. Adds a n ew priority for sorting applications within the Tiers by assigning additional points to households who are Severely Rent Burdened. 5. Adds a document to the Briefing Packet, which is given to all new participants, reminding households to report any income cha nges to the HA within 10 business days. 6. Adds a provision that requires a household to notify their landlord in writing when repairs are required in the apartment. 7. Adds language regarding changes in household composition as it relates to changes in the be droom size of the voucher. 8. Adds language requiring that a household must be able to receive mail through the U.S. postal service and at the address funded by the HA. 9. Adds language to clarify the rent -increase request process for landlords/owners: a. Adds lang uage which specifies that requests for rent increases from owners must align with the annual recertification process. b. Adds language to deny the addition of surcharges or pass -through fees on Rent Controlled apartments above the contract rent amount determi ned by the HA. c. Adds language to approve annual rent increases associated with the General Adjustment approved by the Rent Control Board, if funding is available. 10. Modifies parameters for completing quality control inspections requiring the use of an apartme nt sample completed in the previous month, as opposed to the previous three months. 5 of 6 11. Adds additional language to deter failure to report income, including an ability to move to termination after two or more occurrences of failure to report income within 36 months. 12. Adds clarifying language for procedures when a household owes debt to the HA that must be repaid within 30 days. 13. Adds detailed policy regarding rent determinations for deed -restricted apartments (apartments with recorded affordability covenants). 14. Adds the term “Proof of Effort” to the glossary as it was not previously defined; Proof of Effort is a form which documents that an applicant is searching for an apartment. 15. Adds language to update information regarding the demographics and population se rved under the Family -Self Sufficiency (FSS) program. 16. Adds language to clarify administrative policies for the FSS program specifically related to the Program Coordinating Committee (PCC), outreach methods, participant selection, case management, and progr am requirements. The proposed revisions to the 2016 Administrative Plan are available on the SMHA’s website. (Attachment B) The proposed revisions to the Administrative Plan have been presented to the Legal Aid Foundation of Los Angeles, Housing Commissio n, Commission for the Senior Community, Social Services Commission, and Disability Commission. The proposed Plan was available for public comment until November 7, 2016. All comments received are included in Attachment C, with responses to be included as a n attachment in the final Plan. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. 6 of 6 Prepared By: James Kemper, Housing Administrator Approved Forwarded to Counc il Attachments: A. Draft Revision of 2016 Administrative Plan B. Proposed Discretionary Changes C. Public Comments to Proposed Revision SANTA MONICA HOUSING AUTHORITY ADMINIST RATIVE PLAN FOR THE HOUSI NG CHOICE VOUCHER PROGRAM Approve d b y the HA Board of Commissioners: April 12, 2016 Submitte d to HUD: April 15, 2016 Approve d by HUD: July 1, 2016 DR A F T RE V I S I O N 20 1 6 Copyright 2016 by Nan McKay & Associates, Inc. All rights reserved Permission to reprint granted only to the Public Housing Authority or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc. DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -1 Introduction ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN PART I: THE PHA ................................................................................................................ 1 -1 1 -I.A. Overview ................................................................................................. 1 -1 1 -I.B. Organization and Structure o f the P HA .................................................. 1 -2 1 -I.C. PHA Mission .......................................................................................... 1 -2 1 -I.D. The PHA ’s Programs .............................................................................. 1 -3 1 -I.E. The PHA ’s Commitment to Ethics and Service ..................................... 1 -3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ................................. 1 -5 1 -II.A. Overview and History o f the Program .................................................... 1 -5 1 -II.B. HCV Program Basics .............................................................................. 1 -7 1 -II.C. The HCV Partnerships ............................................................................ 1 -7 The HCV Relationships: ................................................................... 1 -8 What Do es HUD Do? ....................................................................... 1 -9 What Does the PHA Do? .................................................................. 1 -9 What Does the Owner D o? ............................................................. 1 -10 What Does the Family D o? ............................................................. 1 -11 1 -II.D. Applicable Regulations ......................................................................... 1 -12 PART III: THE HCV ADMINISTRATIVE PLAN ............................................................... 1 -13 1 -III.A. Overview and Purpose o f the Plan ........................................................ 1 -13 1 -III.B. Contents o f the Plan (24CFR 982.54) ................................................... 1-13 Ma ndatory vs. Discretionary Policy ............................................... 1 -15 1 -III.C. Organization o f the Plan ....................................................................... 1 -15 1 -III.D. Updating and Revising the Plan ........................................................... 1 -15 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -2 Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY PART I: NONDISCRIMINATION....................................................................................... 2 -3 2 -I.A. Overview ................................................................................................. 2 -3 2 -I.B. Nondiscrimination .................................................................................. 2 -4 Providing Information to Families and Owners ............................... 2 -5 Discrimination Complaints ............................................................... 2 -5 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................. 2 -7 2 -II.A. Overview ................................................................................................. 2 -7 2 -II.B. Definition o f Reasonable Accommodation ............................................ 2 -8 Types of Reasonable Accommodations ............................................ 2 -8 2 -II.C. Request for an Accommodation ............................................................. 2 -9 2 -II.D. Verification of Disability ...................................................................... 2 -10 2 -II.E. Approval/Denial o f a Requested Accommodation [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH 2010-26 ]. ............................................................................ 2 -11 2 -II.F. Program Accessibility for Persons with Hearing or Vision Impairments ......................................................................... 2 -12 2 -II.G. Physical Accessibility ........................................................................... 2 -13 2 -II.H. Denial or Termination of Assistance .................................................... 2 -14 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) ....................................................................... 2 -15 2 -III.A. Overview ............................................................................................... 2 -15 2 -III.B. Oral Interpretation ................................................................................ 2 -16 2 -III.C. Written Translation ............................................................................... 2 -16 2 -III.D. Implementation Plan ............................................................................. 2 -17 Exhibit 2-1 : Definition o f a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201] ............................... 2 -19 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -3 Chapter 3 ELIGIBILITY PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.......................... 3 -3 3 -I.A. Overview ................................................................................................. 3 -3 3 -I.B. Family and Household [24 CFR 982.201(c); FR Notice 02/03/12 ; Notice PIH 2014-20 ] ............................................................................... 3 -3 Family ............................................................................................... 3 -3 Household ......................................................................................... 3 -3 3 -I.C. Family Breaku p and Remaining Member o f Tenant Family .................. 3 -4 Family Breakup [24 CFR 982.315] .................................................. 3 -4 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3 -4 3 -I.D. Head o f Household [24 CFR 5.504(b)] .................................................. 3 -5 3 -I.E. Spouse, Cohead, and Other Adult .......................................................... 3 -5 3 -I.F. Dependent [24 CFR 5.603] ..................................................................... 3 -6 Joint Custody of Dependents ............................................................ 3 -6 3 -I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................... 3 -6 3 -I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]..................................... 3 -6 Elderly Persons ................................................................................ 3 -6 Near-Elderly Persons ........................................................................ 3 -6 Elderly Family .................................................................................. 3 -6 3 -I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] ............................................................................... 3 -7 Persons with Disabilities................................................................... 3 -7 Disabled Family ................................................................................ 3 -7 3 -I.J. Guests [24 CFR 5.100] ........................................................................... 3 -7 3.I.K. Foster Children and Foster Adults .......................................................... 3 -8 3 -I.L. Absent Family Members ......................................................................... 3 -8 Definitions of Temporarily and Permanently Absent ....................... 3 -8 Absent Students ................................................................................ 3 -8 Absences Due to Placement in Foster Care [24 CFR 5.403] ............ 3 -9 Absent Head, Spouse, or Cohead ..................................................... 3 -9 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5 -22] ........................................................................... 3 -9 Return of Permanently Absent Family Members ............................. 3 -9 3 -I.M. Live-In Aide .......................................................................................... 3 -10 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -4 PART II: BASIC ELIGIBILITY CRITERIA ....................................................................... 3 -11 3 -II.A. Income Eligibility and Targeting .......................................................... 3 -11 Income Limits ................................................................................. 3 -11 Definitions of the Income Limits [24 CFR 5.603(b)] ..................... 3 -11 Using Income Limits for Eligibility [24 CFR 982.201] ................. 3 -11 Using Income Limits for Targeting [24 CFR 982.201] .................. 3 -12 3 -II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3 -13 Declaration [24 CFR 5.508] ........................................................... 3 -13 Mixed Families ............................................................................... 3 -14 Ineligible Families [24 CFR 5.514(d), (e), and (f)] ........................ 3 -14 Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] .......................................................................... 3 -15 3 -II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2012-10 ] ............................................................................. 3 -15 3 -II.D. Family Consent to Release of Information [24 CFR 5.230 ; HCV GB , p. 5 -13] ................................................................................. 3 -16 3 -II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06] ..................................................... 3 -17 Definitions ...................................................................................... 3 -17 Determining Student Eligibility ...................................................... 3 -19 PART III: DENIAL OF ASSISTANCE ................................................................................ 3 -21 3 -III.A. Overview ............................................................................................... 3 -21 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35 ] ........ 3 -21 Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)] ....................................... 3 -21 3 -III.B. Mandatory Denial of Assistance [24 CFR 982.553(a)] ........................ 3-22 3 -III.C. Other Permitted Reasons for Denial of As sistance ............................... 3 -23 Criminal Activity [24 CFR 982.553] .............................................. 3 -23 Previous Behavior in Assisted Housing [24 CFR 982.552(c)] ....... 3 -24 3 -III.D. Screening .............................................................................................. 3 -25 Screening for Eligibility ................................................................. 3 -25 Screening for Suitability as a Tenant [24 CFR 982.307] ................ 3 -26 3 -III.E. Criteria for De ciding to Deny Assistance ............................................. 3 -27 Evidence [24 CFR 982.553(c)] ....................................................... 3 -27 Consideration of Circumstances [24 CFR 982.552(c)(2 )] .............. 3 -27 Removal of a Family Member's Name from the Application......... 3 -2 9 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ............. 3 -2 9 3 -III.F. Noti ce of Eligibility or Denial .............................................................. 3 -30 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -5 3 -III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking .................... 3 -3 1 Notification ..................................................................................... 3 -3 1 Documentation ................................................................................ 3 -3 2 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3 -33 Person with Disabilities [24 CFR 5.403] ........................................ 3-33 I ndividual with Handicaps [24 CFR 8.3] ........................................ 3 -35 Exhibit 3 -2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] ............ 3 -37 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ...................................... 3 -37 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -6 Chapter 4 APPLICATIONS, WAITING LIST AND TENANT SELECTION PART I: THE APPLICATION PROCESS ........................................................................... 4 -3 4 -I.A. Overview ................................................................................................. 4 -3 4 -I.B. Applying for Assistance [HCV GB, pp. 4 -11 – 4 -16 , Notice PIH 2009-36 ] .................................. 4 -3 4 -I.C. Accessibility of the Application Process ................................................ 4 -4 Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4 -11 – 4 -13] ................................................................................ 4 -4 Limited English Proficiency ............................................................. 4 -4 4 -I.D. Placement o n the Waiting List ................................................................ 4 -5 Ineligible for Placement on the Waiting List .................................... 4 -5 Eligible for Placement on the Waiting List ...................................... 4 -5 PART II: MANAGING THE WAITING LIST...................................................................... 4 -7 4 -II.A. Overview ................................................................................................. 4 -7 4 -II.B. Organization o f the Waiting List [24 CFR 982.204 and 205] ................ 4 -7 4 -II.C. Opening and Closing the Waiting List [24 CFR 982.206] ..................... 4 -8 Closing the Waiting List ................................................................... 4 -8 Reopening the Waiting List .............................................................. 4 -8 4 -II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4] ........................................... 4 -9 4 -II.E. Reporting Changes in Family Circumstances ....................................... 4 -10 4 -II.F. Updating the Waiting List [24 CFR 982.204] ...................................... 4 -10 Purging the Waiting List ................................................................. 4 -10 Removal from the Waiting List ...................................................... 4 -11 PART III: SELECTION FOR HCV ASSISTANCE ............................................................. 4 -13 4 -III.A. Overview ............................................................................................... 4 -13 4 -III.B. Selection and HCV Funding Sources ................................................... 4 -13 Special Admissions [24 CFR 982.203] .......................................... 4 -13 Targeted Funding [24 CFR 982.204(e)] ......................................... 4 -13 Regular HCV Funding .................................................................... 4 -13 4 -III.C. Selection Method .................................................................................. 4 -14 Local Preferences [24 CFR 982.207; HCV p. 4-16] ...................... 4 -14 Income Targeting Requirement [24 CFR 982.201(b)(2)] ............... 4 -14 Order of Selection ........................................................................... 4 -15 4 -III.D. Notification of Selection ....................................................................... 4 -16 4 -III.E. The Application Interview .................................................................... 4 -16 4 -III.F. Completing the Application Process .................................................... 4 -18 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -7 Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE PART I: BRIEFINGS AND FAMILY OBLIGATIONS ...................................................... 5 -1 5 -I.A. Overview ................................................................................................. 5 -1 5 -I.B. Briefing [24 CFR 982.301] ..................................................................... 5 -2 Notification and Attendance ............................................................. 5 -2 Oral Briefing [24 CFR 982.301(a)] .................................................. 5 -3 Briefing Packet [24 CFR 982.301(b)] .............................................. 5 -4 Additional Items to be Included in the Briefing Packet ................... 5 -5 5 -I.C. Family Obligations ................................................................................ 5 -6 Time Frames for Reporting Changes Required by Family Obligations ........................................................................................ 5 -6 Family Obligations [24 CFR 982.551] ............................................. 5 -6 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .................................. 5 -11 5 -II.A. Overview ............................................................................................... 5 -11 5 -II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] .............. 5 -11 5 -II.C. Exceptions to Subsidy Standards .......................................................... 5 -13 5 -II.D. Voucher Issuance [24 CFR 982.302] .................................................... 5 -14 5 -II.E. Voucher Te rm and Extensions.............................................................. 5 -15 Voucher Term [24 CFR 982.303] ................................................... 5 -15 Extensions of Voucher Term [24 CFR 982.303(b)] ....................... 5 -15 Suspensions of Voucher Term [24 CFR 982.303(c)] ..................... 5 -17 Expiration of Voucher Ter m ........................................................... 5 -17 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -8 Chapter 6 INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] PART I: ANNUAL INCOME ............................................................................................... 6 -2 6 -I.A. Overview ................................................................................................. 6 -2 6 -I.B. Household Composition and Income ...................................................... 6 -3 Summary of Income Included and Excluded by Person ................... 6 -3 Temporarily Absent Family Members .............................................. 6 -4 Family Members Permanently Confined for Medical Reasons ........ 6 -5 Joint Custody of Dependents ............................................................ 6 -5 Caretakers for a Child ....................................................................... 6 -6 6 -I.C. Anticipating Annual Income .................................................................. 6 -7 Basis of Annual Income Projection .................................................. 6 -7 Projecting Income ............................................................................. 6 -8 6 -I.D. Earned Income ........................................................................................ 6 -9 Types of Earned Income Included in Annual Income ...................... 6 -9 Types of Earned Income Not Counted in Annual Income ............... 6 -9 6 -I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16] ....................................................................... 6 -13 Eligibility ........................................................................................ 6 -13 Calculation of the Disallowance ..................................................... 6 -14 Original Calculation Method .......................................................... 6 -14 Revised Calculation Method ........................................................... 6 -15 6 -I.F. Business Income [24 CFR 5.609(b)(2)] ................................................ 6 -1 6 Business Expenses .......................................................................... 6 -16 Business Expansion ........................................................................ 6 -16 Capital Indebtedness ....................................................................... 6 -16 Negative Business Income .............................................................. 6 -17 Withdrawal of Cash or Assets from a Business .............................. 6 -1 7 Co -o wned Businesses ..................................................................... 6 -17 6 -I.G. Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] ................................... 6 -18 Overview ......................................................................................... 6 -17 General Policies .............................................................................. 6 -18 Types of Assets ............................................................................... 6 -22 6 -I.H. Periodic Payments ................................................................................ 6 -22 Periodic Payments Included in Annual Income .............................. 6 -26 Lump-Sum Payments for the Delayed Start of a Periodic Payment ............................................................................ 6 -26 Treatment of Overpayment Deductions fro m Social Security Benefits .................................................................. 6 -26 Periodic Payments Excluded from Annual Income ........................ 6 -27 6 -I.I. Payments In Lieu of Earnings............................................................... 6 -28 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -9 6 -I.J. Welfare Assistance ............................................................................... 6 -29 Overview ......................................................................................... 6 -29 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6 -29 6 -I.K. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)] ............ 6 -30 Alimony and Child Support ............................................................ 6 -30 Regular Contributions or Gifts ....................................................... 6 -30 6 -I.L. Student Financial Assistance [24 CFR 5.609(b)(9); Notice PIH 2015-21 ] ............................................................................. 6 -3 1 Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9) ); FR 4/10/06; Notice PIH 2015-21] ............. 6 -31 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] ...................................................................... 6 -32 6 -I.M. Additional Exclusions From Annual Income ....................................... 6 -33 PART II: ADJUSTED INCOME.......................................................................................... 6 -3 7 6 -II.A. Introduction ........................................................................................... 6 -3 7 Overview ......................................................................................... 6 -3 7 Anticipating Expenses .................................................................... 6 -3 7 6 -II.B. Dependent Deduction ........................................................................... 6 -3 8 6 -II.C. Elderly or Disabled Family Deduction ................................................. 6 -3 8 6 -II.D. Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)] ........................ 6 -3 9 Definition of Medical Expenses ...................................................... 6 -3 9 Summary of Allowable Medical Expenses from IRS Publication 502 ............................................................................... 6 -3 9 Families That Qualify for Both Medical and Disability Assistance Expenses ....................................................................... 6 -40 6 -II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6 -41 Earned Income Limit on the Disability Assistance Expense Deduction ......................................................................... 6 -41 Eligible Disability Expenses ........................................................... 6 -42 Necessary and Reasonable Expenses .............................................. 6 -43 Families That Qualify for Both Medical and Disability Assistance E xpenses ....................................................................... 6 -43 6 -II.F. Child Care Expense Deduction ............................................................. 6 -4 4 Clarifying the Meaning of Child for This Deduction ..................... 6 -4 4 Qualifying for the Deduction .......................................................... 6 -4 4 Earned Income Limit on Child Care Expense Deduction .............. 6 -4 6 Eligible Child Care Expenses ......................................................... 6 -4 7 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -10 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6 -4 9 6 -III.A. Overview of Rent and Subsidy Calculations ........................................ 6 -4 9 TTP Formula [24 CFR 5.628] ........................................................ 6 -4 9 Family Share [24 CFR 982.305(a)(5)] ............................................ 6 -4 9 PHA Subsidy [24 CFR 982.505(b)]................................................ 6 -50 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6 -50 6 -III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6 -51 Overview ......................................................................................... 6 -51 HUD -Defined Financial Hardship .................................................. 6-51 Implementation of Hardship Exemption ........................................ 6-53 6 -III.C. Applying Payment Standards [24 CFR 982.505; 982.503(b)] ............. 6 -5 6 Overview ......................................................................................... 6 -5 6 Ch anges in Payment Standards ....................................................... 6 -5 6 Reasonable Accommodation .......................................................... 6 -5 7 6 -III.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6 -5 8 Overview ......................................................................................... 6 -5 8 Reasonable Accommodation .......................................................... 6 -5 8 Utility Allowance Revisions ........................................................... 6 -5 8 6 -III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6 -5 9 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6 -61 HHS Definition of "Assistance" ........................................................................... 6 -6 2 Exhibit 6-2: Annual Income Exclusions ................................................................................... 6 -6 4 Exhibit 6-3: Treatment of Family Assets .................................................................................. 6 -6 6 Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities ................................. 6 -6 7 Exhibit 6-5: The Effect of Welfare Benefit Reduction ............................................................. 6 -6 9 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -11 Chapter 7 VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-19 ] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7 -1 7 -I.A. Family Consent to Release o f Information [24 CFR 982.516 and 982.551, 24 CFR 5.230] ................................................................... 7 -1 Consent Forms .................................................................................. 7 -1 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7 -1 7 -I.B. Overview of Verification Requirements ................................................. 7 -2 HUD’s Verification Hierarchy [Notice PIH 2010 -19] ..................... 7 -2 Requirements for Acceptable Documents ........................................ 7 -2 File Documentation .......................................................................... 7 -3 7 -I.C. Up -Front Income Verification (UIV) ..................................................... 7 -3 Upfront Income Verification Us ing HUD’s Enterprise Income Verification (EIV) System (Mandatory) ........................................... 7 -4 Upfront Income Verification Using Non-HUD Systems (Optional) ........................................................................... 7 -5 7 -I.D. Third-Party Written and Oral Verification ............................................. 7 -6 Written Third-Party Verification [Notice PIH 2010-19] .................. 7 -6 Written Third-Party Verification Form ............................................ 7 -7 Oral Third-Party Verification [Notice PIH 2010-19] ....................... 7 -7 When Third-Party Verification is Not Required [Notice PIH 2010 -19] ....................................................................... 7 -8 7 -I.E. Self-Certification .................................................................................... 7 -9 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7 -11 7 -II.A. Verification of Legal Identity ............................................................... 7 -11 7 -II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2012-1 0 ] .......... 7 -1 2 7 -II.C. Documentation of Age .......................................................................... 7 -1 4 7 -II.D. Family Relationships ............................................................................ 7 -1 4 Marria ge .......................................................................................... 7 -1 4 Separation or Divorce ..................................................................... 7 -1 5 Absence of Adult Member.............................................................. 7 -1 5 Foster Children and Foster Adults .................................................. 7 -1 5 7 -II.E. Verification of Student Status ............................................................... 7 -1 6 General Requirements .................................................................... 7 -1 6 Restrictions on Assistance to Students Enrolled in Institutions of Higher Education ..................................................... 7 -1 6 7 -II.F. Documentation of Disability ................................................................. 7 -1 7 Family Members Receiving SSA Disability Benefits .................... 7 -1 8 Family Members Not Receiving SSA Disability Benefits ............. 7 -1 8 7 -II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7 -1 9 Overview ......................................................................................... 7 -1 9 U.S. Citizens and Nationals ............................................................ 7 -1 9 Eligible Immigrants ........................................................................ 7 -20 7 -II.H. Verification of Preference Status .......................................................... 7 -20 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -12 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7 -21 7 -III .A. Earned Income ...................................................................................... 7 -21 Tips ................................................................................................. 7 -21 7 -III.B. Business and Self Employment Income ............................................... 7 -21 7 -III.C. Periodic Payments and Payments In Lieu of Earnings ......................... 7 -2 2 Social Security/SSI Benefits ........................................................... 7 -2 2 7 -III.D. Alimony or Child Support .................................................................... 7 -2 3 7 -III.E. Assets and Income From Assets ........................................................... 7 -2 4 Assets Disposed of for Less than Fair Market Value ..................... 7 -2 4 7 -III.F. Net Income From Rental Property ........................................................ 7 -2 2 7 -III.G. Retirement Accounts ............................................................................ 7 -2 5 7 -III.H. Income From Excluded Sources ........................................................... 7 -2 6 7 -III.I. Zero Annual Income Status .................................................................. 7 -2 6 7 -III.J. Student Financial Assistance ................................................................ 7 -2 7 7 -III.K. Parental Income of Students Subject to Eligibility Restrictions ........... 7 -2 8 PART I V: VERIFYING MANDATORY DEDUCTIONS ................................................... 7 -2 9 7 -IV.A. Dependent and Elderly/Disabled Household Deductions ..................... 7 -2 9 Dependent Deduction ..................................................................... 7 -2 9 Elderly/Disabled Family Deduction ............................................... 7 -2 7 7 -IV.B. Medical Expense Deduction ................................................................. 7 -30 Amount of Expense ........................................................................ 7 -30 Eligible Household ......................................................................... 7 -31 Qualified Expens es ......................................................................... 7 -31 Unreimbursed Expenses ................................................................. 7 -31 Expenses Incurred in Past Years ..................................................... 7 -31 7 -IV.C. Disability Assistance Expenses ............................................................ 7 -3 2 Amount of Expense ........................................................................ 7 -3 2 Family Member is a Person with Disabilities ................................. 7 -3 3 Family Member(s) Permitted to Work ........................................... 7 -3 3 Unreimbursed Expenses ................................................................. 7 -3 3 7 -IV.D. Child Care Expenses ............................................................................. 7 -3 4 Eligible Child .................................................................................. 7 -3 4 Unreimbursed Expense ................................................................... 7 -3 4 Pursu ing an Eligible Activity ......................................................... 7 -3 5 Allowable Type of Child Care ........................................................ 7 -3 6 Reasonableness of Expenses ........................................................... 7 -3 6 Exhibit 7-1 : Summary o f Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5 -10] ................................................................................ 7 -3 7 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -13 Chapter 8 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] PART I: PHYSICAL STANDARDS .................................................................................... 8 -2 8 -I.A. General HUD Requirements ................................................................... 8 -2 HUD Performance and Acceptability Standards .............................. 8 -2 Tenant Preference Items ................................................................... 8 -2 Modifications to Provide Accessibility ............................................ 8 -3 8 -I.B. Additional Local Requirements .............................................................. 8 -4 Thermal Environment [HCV GB p.10-7] ......................................... 8 -4 Clarifications of HUD Requirements ............................................... 8 -5 8 -I.C. Life-Threatening Conditions [24 CFR 982.404(a)] ................................ 8 -6 8 -I.D. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8 -7 Family Responsibilities .................................................................... 8 -7 Owner Responsibilities ..................................................................... 8 -7 8 -I-E. Special Requirements for Children with Environmental Intervention Blood Lead Level [24 CFR 35.1225] ................................. 8 -8 8 -I-F. Violation of HQS Space Standards [24 CF R 982.401, 24 CFR 982.403]....................................................... 8 -8 PART II: THE INSPECTION PROCESS .............................................................................. 8 -9 8 -II.A. Overview [24 CFR 982.405] .................................................................. 8 -9 Types of Inspections ......................................................................... 8 -9 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ................... 8 -9 Inspection Costs [Notice PIH 2016-05] .......................................... 8 -10 Notice and Scheduling .................................................................... 8 -10 Owner and Family Inspection Attendance ..................................... 8 -10 8 -II.B. Initial HQS Inspection [24 CFR 982.401(a)] ....................................... 8 -11 Timing of Initial Inspections .......................................................... 8 -11 Inspection Results and Reinspections ............................................. 8 -11 Utilities ........................................................................................... 8 -12 Appliances ...................................................................................... 8 -12 8 -II.C. Annual/Biennial HQS Inspections [24 CFR 982.405; 982.406, Notice PIH 2016-05 ] ............................................................................. 8 -13 Scheduling the Inspection ............................................................... 8 -13 8 -II.D. Special Inspections [24 CFR 982.405(g)] ............................................ 8 -13 8 -II.E. Quality Control Inspections [24 CFR 982.405(b), HCV GB p. 10-32] ................................................................................ 8 -1 4 8 -II.F. Inspection Results and Reinspections for Units Under HAP Contract ........................................................................................ 8 -14 Notification of Corrective Actions ................................................. 8 -14 Extensions ....................................................................................... 8 -15 Reinspections .................................................................................. 8 -15 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -14 8 -II.G. Enforcing Owner Compliance .............................................................. 8 -16 HAP Abatement .............................................................................. 8 -16 HAP Contract Termination ............................................................. 8 -16 8 -II.H. Enforcing Family Compliance with HQS [2 4 CFR 982.404(b)] .......... 8 -16 PART III: RENT REASONABLENESS [24 CFR 982.507] ................................................. 8 -17 8 -III.A. Overview ............................................................................................... 8 -17 PHA-Owned Units [24 CFR 982.352(b)] ....................................... 8 -17 8 -III.B. When Rent Reasonableness Determinations Are Required.................. 8 -18 Owner-Initiated Rent Determinations ............................................. 8 -18 PHA- and HUD -Initiated Rent Reasonableness Determinations ... 8 -18 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8 -19 8 -III.C. How Comparability Is Established ....................................................... 8 -19 Factors to Consider ......................................................................... 8 -19 Units that Must No t be Used as Comparables ................................ 8 -19 Rents Charged for Other Units on the Premises ............................. 8 -20 8 -III.D. PHA Rent Reasonableness Methodology ............................................. 8-21 How Market Data Is Collected ....................................................... 8 -2 1 How Rents Are Determined ............................................................ 8 -2 1 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8 -2 3 Exhibit 8-2: Su mmary of Tenant Preference Areas Related to Housing Quality ..................... 8 -2 7 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -1 5 Chapter 9 GENERAL LEASING POLICIES 9 -I.A. Tenant Screening .................................................................................... 9 -2 9 -I.B. Requesting Tenancy Approval [Form HUD-52517] .............................. 9 -3 9 -I.C. Owner Participation ................................................................................ 9 -4 9 -I.D. Eligible Units .......................................................................................... 9 -5 Ineligible Units [24 CFR 982.352(a)] ............................................... 9 -5 PHA-Owned Units [24 CFR 982.352(b)] ......................................... 9 -5 Special Housing Types [24 CFR 982 Subpart M] ............................ 9 -5 Duplicative Assistance [24 CFR 982.352(c)] ................................... 9 -6 Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401] .............................................................................. 9 -6 Unit Size ........................................................................................... 9 -7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507] ........ 9 -7 Rent Burden [24 CFR 982.508] ........................................................ 9 -7 9 -I.E. Lease and Tenancy Addendum ............................................................... 9 -8 Lease Form and Tenancy Addendum [24 CFR 982.308] ................. 9 -8 Lease Information [24 CFR 982.308(d)] .......................................... 9 -8 Term of Assisted Tenancy ................................................................ 9 -9 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9 -9 Separate Non-Lease Agreements between Owner and Tenant ....... 9 -10 PHA Review of Lease .................................................................... 9 -11 9 -I.F. Tenancy Approval [24 CFR 982.305] .................................................. 9 -12 9 -I.G. HAP Contract Execution [24 CFR 982.305] ........................................ 9 -13 9 -I.H. Changes in Lease or Rent [24 CFR 982.308] ....................................... 9 -14 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -16 Chapter 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY PART I: MOVING WITH CONTINUED ASSISTANCE ................................................. 10 -1 10 -I.A. Allowable Moves .................................................................................. 10 -1 10 -I.B. Restrictions On Moves ......................................................................... 10 -3 Denial of Moves ............................................................................. 10 -3 Restrictions on Elective Moves [24 CFR 982.35 4(c)] .................... 10 -4 10 -I.C. Moving Process .................................................................................... 10 -5 Notification ..................................................................................... 10 -5 Approval ......................................................................................... 10 -5 Reexamination of Family Income and Composition ...................... 10 -5 Voucher Issuance and Briefing ....................................................... 10 -5 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10 -6 PART II: PORTABILITY .................................................................................................... 10 -7 10 -II.A. Overview ............................................................................................... 10 -7 10 -II.B. Initial PHA Role ................................................................................... 10 -8 Al lowable Moves under Portability ................................................ 10 -8 Determining Income Eligibility ...................................................... 10 -9 Reexamination of Family Income and Composition ...................... 10 -9 Briefing ......................................................................................... 10 -10 Voucher Issuance and Term ......................................................... 10 -10 Voucher Extensions and Expiration ............................................. 10 -10 Preapproval Contact with the Receiving PHA ............................. 1 0 -11 Initial Notification to the Receiving PHA .................................... 10 -11 Sending Documentation to the Receiving PHA ........................... 10 -1 2 Initial Billing Deadline [Notice PIH 201 2 -42 , Letter to Executive Directors, 9/15/15] ........................................ 10 -1 3 Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 201 2 -42 ] ..................................................................... 10 -1 3 Annual Updates of Form HUD-50058 ......................................... 10 -1 4 Denial or Termination of Assistance [24 CFR 982.355(c)(17 )] ... 10 -1 4 1 0 -II.C. Receiving PHA Role ........................................................................... 10 -15 Responding to Initial PHA’s Request [24 CFR 982.355(c)] ........ 10 -15 Initial Contact with Family ........................................................... 10 -1 5 Briefing ......................................................................................... 1 0 -16 Income Eligibility and Reexamination ......................................... 10 -16 Voucher Issuance .......................................................................... 10 -17 Notifying the Initial PHA ............................................................. 10 -18 Administering a Portable Family’s Voucher ................................ 10 -18 Absorbing a Portable Family ........................................................ 10 -21 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -17 Chapter 11 REEXAMINATIONS PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11 -1 11 -I.A. Overview ............................................................................................... 11 -1 11 -I.B Streamlined Annual Reexaminations [24 CFR 982.516(b)] ................. 11 -2 11 -I.C. Scheduling Annual Reexaminations ..................................................... 11 -3 Notification of and Participation in the Annual Reexamination Process ................................................................... 11 -3 11 -I.D. Conducting Annual Reexaminations .................................................... 11 -4 11 -I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11 -6 11 -I.F. Effective Dates ...................................................................................... 11 -7 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] ........................................... 11 -9 11 -II.A. Overview ............................................................................................... 11 -9 11 -II.B. Changes In Famil y and Household Composition ................................. 11 -9 New Family Members Not Requiring PHA Approval ................... 11 -9 New Family and Household Members Requiring Approval ........ 11 -10 Departure of a Family or Household Member .............................. 11 -11 11 -II.C. Changes Affecting Income or Expenses ............................................. 11 -1 2 PHA-Initiated Interim Reexaminations ........................................ 11 -1 2 Family-Initiated Interim Reexaminations ..................................... 11 -1 3 11 -II.D. Processing the Interim Reexamination ............................................... 11 -1 4 Method of Reporting ..................................................................... 11 -1 4 Effective Dates .............................................................................. 11 -1 4 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11 -1 5 11 -III.A. Overview ............................................................................................. 11 -1 5 11 -III.B. Changes In Payment Standards and Utility Allowances .................... 11-1 5 Payment Standards [24 CFR 982.505] ......................................... 11 -1 5 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11 -1 6 Utility Allowances [24 CFR 982.517(d)] ..................................... 11 -1 6 11 -III.C. Notification of New Family Share and HAP Amount ........................ 11 -1 6 11 -III.D. Discrepancies ...................................................................................... 11 -1 6 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -18 Chapter 12 TERMINATION OF ASSISTANCE AND TENANCY PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12 -1 12 -I.A. Overview ............................................................................................... 12 -1 12 -I.B. Family No Longer Requires Assistance [24 CFR 982.455] ................. 12 -1 12 -I.C. Family Chooses to Terminate Assistance ............................................. 12 -2 12 -I.D. Mandatory Termination of Assistance .................................................. 12 -2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]................ 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)] ...................... 12 -2 Failure to Document Citizenship [24 CFR 982.552(b)(4) and 24 CFR 5.514(c)] ..................................................................... 12 -3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012 -10 ] ........................................ 12 -3 Methamphetamine Manufacture or Production [24 CFR 983.553(b)(1)(ii)] ............................................................. 12 -3 Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] ................. 12 -3 Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-3] ......................................................................... 12 -4 12 -I.E. Mandatory Policies and Ot her Authorized Terminations ..................... 12 -4 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] .............. 12 -4 Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] ........................................ 12 -7 PART II: APPROACH TO TERMINATION OF ASSISTANCE ....................................... 12 -9 12 -II.A. Overview ............................................................................................... 12 -9 12 -II.B. Method o f Termination [24 CFR 982.552(a)(3)] ................................. 12 -9 12 -II.C. Alternatives to Termination o f Assistance ........................................... 12 -9 Change in Household Composition ................................................ 12 -9 Repayment of Family Debts ........................................................... 12 -9 12 -II.D. Criteria for Deciding to Terminate Assistance ................................... 12 -10 Evidence ....................................................................................... 12 -10 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] ........ 12 -10 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ........... 12 -11 12 -II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault o r Stalking .................................................................. 12 -12 VAWA Protections against Terminations .................................... 12 -12 Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)] .......................................................... 12 -13 Documentation of Abuse [24 CFR 5.2007] .................................. 1 2 -14 Terminating the Assistance of a Domestic Violence Perpetrator ..................................................................... 12 -14 12 -II.F. Termination Notice ............................................................................. 12 -1 5 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -19 PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12 -1 7 12 -III.A. Overview ............................................................................................. 12 -1 7 12 -III.B. Grounds for Owner Termination o f Tenancy [24 C FR 982.310, 24 CFR 5.2005(c), and Form HUD-52641 -A, Tenancy Addendum]....................................... 12 -1 7 Serious or Repeated Lease Violations .......................................... 12 -1 7 Violation of Federal, State, or Local Law .................................... 12 -1 7 Criminal Activity or Alcohol Abuse ............................................. 12 -1 7 Other Good Cause ......................................................................... 12 -1 8 12 -III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-5 2641-A, Tenancy Addendum] .......................................................................... 12 -1 9 12 -III.D. Deciding Whether to Terminate Tenancy [24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12 -20 12 -III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12 -20 Exhibit 12 -1: Statement o f Family Obligations ........................................................................ 12 -21 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -20 Chapter 13 OWNERS PART I: OWNERS IN THE HCV PROGRAM ................................................................. 13 -3 13 -I.A. Owner Recruitment and Retention [HCV GB, pp. 2 -4 to 2-6 ] ............. 13 -3 Recruitment ..................................................................................... 13 -3 Retention ......................................................................................... 13 -4 13 -I.B. Basic HCV Program Requirements ...................................................... 13 -5 13 -I.C. Owner Responsibilities [24 CFR 982.452] ........................................... 13 -7 13 -I.D. Owner Qualifications ............................................................................ 13 -8 Owners Barred from Participation [24 CFR 982.306(a) and (b)] ... 13 -8 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2 ] ....... 13 -8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8 -19] .............. 13 -8 Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)] ........................................ 13 -10 Legal Ownership of Unit .............................................................. 13 -11 13 -I.E. Non-Discrimination [HAP Contract – Form HUD-52641] ................ 13 -11 PART II: HAP CONTRACTS ............................................................................................ 13 -13 13 -II.A. Overview ............................................................................................. 13 -13 13 -II.B. HAP Contract Contents ...................................................................... 13 -14 13 -II.C. HAP Contract Payments ..................................................................... 13 -16 General .......................................................................................... 13 -16 Owner Certification of Compliance.............................................. 13 -16 Late HAP Payments [24 CFR 982.451(a)(5)] .............................. 13 -17 Termination of HAP Payments [24 CFR 982.311(b)] .................. 13 -17 13 -II.D. Breach of HAP Contract [24 CFR 982.453] ....................................... 13 -18 13 -II.E. HAP Contract Term and Terminations ............................................... 13 -19 13 -II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641] ...................................................................................... 13 -21 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -21 Chapter 14 PROGRAM INTEGRITY PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ............................................................................................ 14 -3 14 -I.A. Preventing Errors and Program Abuse ................................................. 14 -3 14 -I.B. Detecting Errors and Program Abuse ................................................... 14 -4 Quality Control and Analysis of Data ............................................ 14 -4 Independent Audits and HUD Monitoring ..................................... 14 -4 Individual Reporting of Possible Errors and Program Abuse ........ 14 -4 14 -I.C. Investigating Errors and Program Abuse .............................................. 14 -5 When the PHA Will Investigate ..................................................... 14 -5 Consent to Release of Information [24 CFR 982.516] ................... 14 -5 Analysis and Findings..................................................................... 14 -5 Consideration of Remedies ............................................................. 14 -6 Notice and Appeals ......................................................................... 14 -6 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 14 -7 14 -II.A. Subsidy Under- o r Overpayments ........................................................ 14 -7 Corrections ...................................................................................... 14 -7 Reimbursement ............................................................................... 14 -7 14 -II.B. Family-Caused Errors and Program Abuse .......................................... 14 -8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] .... 14 -8 PHA Reimbursement to Family [HCV GB p. 22-12] ..................... 14 -8 Prohibited Actions .......................................................................... 14 -9 Penalties for Program Abuse .......................................................... 14 -9 14 -II.C. Owner-Caused Error o r Program Abuse ............................................. 14 -10 Owner Reimbursement to the PHA .............................................. 14 -10 Prohibited Owner Actions ............................................................ 14 -10 Remedies and Penalties ................................................................ 14 -11 14 -II.D. PHA-Caused Errors o r Program Abuse .............................................. 14 -12 Repayment to the PHA ................................................................. 14 -12 PHA Reimbursement to Family or Owner ................................... 14 -12 Prohibited Activities ..................................................................... 14 -12 14 -II.E. Criminal Prosecution .......................................................................... 14 -13 14 -II.F. Fraud and Program Abuse Recoveries ............................................... 14 -14 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -22 Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] ................ 15 -3 15 -I.A. Overview ............................................................................................... 15 -3 15 -I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15 -3 15 -I.C. Housing Quality Standards (HQS) ....................................................... 15 -3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609] ....................... 15 -5 15 -II.A. Overview ............................................................................................... 15 -5 15 -II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15 -6 15 -II.C. Housing Quality Standards ................................................................... 15 -6 PA RT III: GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] ......... 15 -7 15 -III.A. Overview ............................................................................................... 15 -7 15 -III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15 -7 15 -III.C. Housing Quality Standards ................................................................... 15 -8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618] .................................. 15 -9 15 -IV.I. Overview ............................................................................................... 15 -9 15 -IV.B. Payment Standard, Utility Allowance and HAP Calculation ............... 15 -9 15 -IV.C. Housing Quality Standards ................................................................. 15 -10 PART V: COOPERATIVE HOUSING [24 CFR 982.619]................................................ 15 -11 15 -V.A. Overview ............................................................................................. 15 -11 15 -V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15 -11 15 -V.C. Housing Quality Standards ................................................................. 15 -11 PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624] .................. 15 -13 15 -VI.A. Overview ............................................................................................. 15 -13 15 -VI.B. Special Policies for Manufactured Home Owners Who Lease A Space ............................................................................ 15 -13 Family Income .............................................................................. 15 -13 Lease and HAP Contract .............................................................. 15 -13 15 -VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15 -14 Payment Standards ........................................................................ 15 -14 Utility Allowance .......................................................................... 15 -14 Space Rent .................................................................................... 15 -14 Housing Assistance Payment ........................................................ 15 -14 Rent Reasonableness .................................................................... 15 -14 15 -VI.D. Housing Quality Standards ................................................................. 15 -15 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -23 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ................................ 15 -17 15 -VII.A. Overview [24 CFR 982.625] .............................................................. 15 -17 15 -VII.B. Family Eligibility [24 CFR 982.627].................................................. 15 -18 15 -VII.C. Selection o f Families [24 CFR 982.626] ............................................ 15 -19 15 -VII.D. Eligible Units [24 CFR 982.628] ........................................................ 15 -19 15 -VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ............................................................................... 15 -20 15 -VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15 -21 15 -VII.G. Home Inspections, Contract o f Sale, and PHA Disapproval o f Seller [24 CFR 982.631] ..................................................................... 15 -22 Home Inspections ......................................................................... 15 -22 Contract of Sale ............................................................................ 15 -22 Disapproval of a Seller ................................................................. 15 -22 15 -VII.H. Financing [24 CFR 982.632] .............................................................. 15 -23 15 -VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ............................................................................... 15 -23 15 -VII.J. Maximum Term o f Homeowner Assistance [24 CFR 982.634]......... 15 -24 15 -VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635] ............................................................... 15 -24 15 -VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................................................................... 15 -27 15 -VII.M. Moving with Continued Assistance [24 CFR 982.637] .................... 15 -27 15 -VII.N. Denial o r Termination o f Assistance [24 CFR 982.638] .................... 15 -28 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -24 Chapter 16 PROGRAM ADMINISTRATION PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................... 16 -3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................. 16 -5 16 -II.A. Overview ............................................................................................... 16 -5 16 -II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7] ............... 16 -5 Updating Payment Standards .......................................................... 16 -6 Exception Payment Standards [982.503(c)] ................................... 16 -7 Unit-by -Unit Exceptions [24 CFR 982.503(b ), 24 CFR 982.505(d), Notice PIH 2010-26] ..................................... 16 -7 "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)] ....................................................................... 16 -8 Decreases in the Payment Standard b elow the Basic Range [24 CFR 982.503(d)] ........................................... 16 -8 16 -II.C. Utility Allowances [24 CFR 982.517] .................................................. 16 -9 Air Conditioning ............................................................................. 16 -9 Reasonable Accommodation .......................................................... 16 -9 Utility Allowance Revisions ........................................................... 16 -9 PART III: INFORMAL REVIEWS AND HEARINGS ...................................................... 16 -11 16 -III.A. Overview ............................................................................................. 16 -11 16 -III.B. Informal Reviews ................................................................................ 16 -11 Decisions Subject to Informal Review ........................................ 16 -11 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16 -12 Scheduling an Informal Review ................................................... 16 -12 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16 -12 Informal Review Decision [24 CFR 982.554(b)] ......................... 16 -13 16 -III.C. Informal Hearings for Participants [24 CFR 982.555] ....................... 16 -14 Decisions Subject to Informal Hearing ......................................... 16 -14 Informal Hearing Procedures ........................................................ 16 -16 16 -III.D. Hearing and Appeal Provisions for Non citizens [24 CFR 5.514] ................................................................................... 16 -23 Notice of Denial or Termination of Assistance [24 CFR 5.514(d)] ........................................................................ 1 6 -23 USCIS Appeal Process [24 CFR 5.514(e)] ................................... 16 -24 Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] ......................................................................... 16 -24 Informal Hearing Procedures for Residents [24 CFR 5.514(f)] ......................................................................... 16 -26 Retention of Documents [24 CFR 5.514(h)] ................................ 16-26 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -25 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16 -27 16 -IV.A. Overview ............................................................................................. 16 -27 16 -IV.B. Repayment Policy ............................................................................... 16 -28 Owner Debts to the PHA .............................................................. 16 -28 Family Debts to the PHA .............................................................. 16 -28 Repayment Agreement [24 CFR 792.103] ................................... 16 -28 General Repayment Agreement Guidelines for Families ............. 16 -28 Repayment Agreements Involving Improper Payments ............... 16 -30 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......... 16 -31 16 -V.A. Overview ............................................................................................. 16 -31 16 -V.B. SEMAP Certification [24 CFR 985.101] ............................................ 16 -32 HUD Verification Method ............................................................ 16 -32 16 -V.C. SEMAP Indicators [24 CFR 985.3 and form HUD-52648] ............... 16 -33 SEMAP Indicators Chart .............................................................. 16 -33 PART VI: RECORD KEEPING ......................................................................................... 16 -37 16 -VI.A. Overview ............................................................................................. 16 -37 16 -VI.B. Record Retention [24 CFR 982.158] .................................................. 16 -37 16 -VI.C. Records Management ......................................................................... 16 -38 Privacy Act Requirements [24 CFR 5.212 and Form-9886] ........ 16 -38 Upfront Income Verification (UIV) Records ............................... 16 -38 Criminal Records .......................................................................... 16 -39 Medical/Disability Records .......................................................... 16 -39 Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking .............................. 16 -39 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVE NTION BLOOD LEAD LEVEL ................... 16 -41 16 -VII.A. Overview ............................................................................................. 16 -41 16 -VI I.B. Reporting Requirement [24 CFR 35.1225(e)] .................................... 16 -41 16 -VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)] ............... 16 -41 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16 -43 16 -VIII.A. Overview ........................................................................................... 16 -43 16 -VIII.B. Methodology ..................................................................................... 16 -43 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -26 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY ................................................... 16 -45 16 -IX.A. Overview ............................................................................................. 16 -4 5 16 -IX.B. Definitions [24 CFR 5.2003] ............................................................... 16 -4 5 16 -IX.C. Notification [24 CFR 5.2005 (a), 42 USC 13925] ............................... 1 6 -4 7 Notification to Public .................................................................... 16 -47 Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] .................................................................. 16 -48 Notification to Owners and Managers [24 CFR 5.2005(a)(2)] .................................................................. 16 -48 16 -IX.D. Documentation [24 CFR 5.2007] ........................................................ 16 -49 Conflicting Documentation [24 CFR 5.2007(e)] .......................... 16 -50 Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] ...................................................................... 16 -50 16 -IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] .................................... 16 -50 Exhibit 16-1: Sample Notice to Housing Choice Voucher Applicants and Participants Regarding the Violence Against Women Act (VAWA) .................................... 16-51 Ex hibit 16-2: Sample Notice to Housing Choice Voucher Owners and Managers Regarding the Violence Against Women Act (VAWA) .................................... 16 -5 5 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -27 Chapter 17 PROJECT-BASED VOUCHERS PART I: GENERAL REQUIREMENTS ............................................................................ 17 -3 17 -I.A. Overview [24 CFR 983.5] .................................................................... 17-3 17 -I.B. Tenant-Based v s. Project-Based Voucher Assistance [24 CFR 983.2] ..................................................................................... 17 -3 17 -I.C. Relocation Requirements [24 CFR 983.7]............................................ 17 -4 17 -I.D. Equal Opportunity Requirements [24 CFR 983.8] ............................... 17 -4 PART II: PBV OWNER PROPOSALS ............................................................................... 17 -5 17 -II.A. Overview ............................................................................................... 17 -5 17 -II.B. Owner Proposal Selection Procedures [24 CFR 983.51(b)] ................. 17 -5 Solicitation and Selection of PBV Proposals [24 CFR 983.51(c)] ......................................................................... 17 -6 PHA-Owned Units [24 CFR 983.51(e), 983.59, and Notice PIH 2015-05 ] ................................................................ 17 -9 PHA Notice of Owner Selection [24 CFR 983.51(d)] .................. 17 -10 17 -II.C. Housing Type [24 CFR 983.52] ......................................................... 17 -10 17 -II.D. Prohibition of Assistance for Certain Units ........................................ 17 -11 Ineligible Housing Types [24 CFR 983.53] ................................. 17 -11 Subsidized Housing [24 CFR 983.54] .......................................... 17 -11 17 -II.E. Subsidy Layering Requirements [24 CFR 983.55, FR Notice 11/24/08, FR Notice 7/9/10, and FR Notice 6/25/14] ...................................................................... 17 -12 17 -II.F. Cap On Number o f PBV Units in Each Project ................................. 17 -12 25 Percent per Project Cap [24 CFR 983.56(a)] ....................................................................... 17 -12 Exceptions to 25 Percent per Project Cap [24 CFR 983.56(b)] ...................................................................... 17 -13 Promoting Partially-Assisted Buildings [24 CFR 983.56(c)] ....................................................................... 17 -13 17 -II.G. Site Selection Standards .................................................................... 17 -14 Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)] ............................... 17 -14 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] ...................................................... 17 -15 New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] ....................................................................... 17 -15 17 -II.H. Environmental Review [24 CFR 983.58] ........................................... 17 -16 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -28 PART III: DWELLING UNITS ........................................................................................... 17 -17 17 -III.A. Overview ............................................................................................. 17 -17 17 -III.B. Housing Quality Standards [24 CFR 983.101] ................................... 17 -17 Lead-based Paint [24 CFR 983.101(c)] ........................................ 17 -17 17 -III.C. Housing Accessibility for Persons with Disabilities .......................... 17 -17 17 -III.D. Inspecting Units .................................................................................. 17 -18 Pre-selection Inspection [24 CFR 983.103(a)] ............................. 17 -18 Pre-HAP Contract Inspections [24 CFR 983.103(b)] ................... 17 -18 Turnover Inspections [24 CFR 983.103(c)] .................................. 17 -18 Annual/Biennial Inspections [24 CFR 983.103(d), FR Notice 6/25/14] ....................................................................... 17 -18 Other Inspections [24 CFR 983.103(e)] ....................................... 17 -18 Inspecting PHA -Owned Units [24 CFR 983.103(f)] .................... 17 -1 9 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................... 17 -21 17 -IV.A. Overview [24 CFR 983.151] .............................................................. 17 -21 17 -IV.B. Agreement to Enter into HAP Contract .............................................. 17 -21 Content of the Agreement [24 CFR 983.152(d )] .......................... 17-21 Execution of the Agreement [24 CFR 983.153] ......................................................................... 17 -22 17 -IV.C. Conduct of Development Work .......................................................... 17 -23 Labor Standards [24 CFR 983.154(b)] ......................................... 17 -23 Equal Opportunity [24 CFR 983.154(c)] ...................................... 17 -23 Owner Disclosure [24 CFR 983.154(d) and (e)] .......................... 17 -23 17 -IV.D. Completion o f Housing....................................................................... 17 -24 Evidence of Completion [24 CFR 983.155(b)] ............................ 17 -24 PHA Acceptance of Completed Units [24 CFR 983.156] ............ 17 -24 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................ 17 -25 17 -V.A. Overview ............................................................................................. 17 -25 17 -V.B. HAP Contract Requirements .............................................................. 17 -25 Contract Information [24 CFR 983.203] ...................................... 17 -25 Execution of the HAP Contract [24 CFR 983.204] ...................... 17 -2 6 Term of HAP Contract [24 CFR 983.205] ................................... 17 -26 Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206] .................................................. 17 -28 Remedies for HQS Violations [24 CFR 983.208 (b)] ................... 17 -28 17 -V.C. Amendments to the HAP Contract ..................................................... 17 -29 Substitution of Contract Units [24 CFR 983.207 (a)].................... 17 -29 Addition of Contract Units [24 CFR 983.207 (b)] ........................ 17 -29 17 -V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.207 (b ) and 983.302(e)] ................................................. 17 -29 17 -V.E. Owner Responsibilities Under the HAP [24 CFR 983.210 ] ............... 17 -30 17 -V.F. Additional HAP Requirements ........................................................... 17 -31 Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208 (a)] ........................................... 17 -31 Vacancy Payments [24 CFR 983.352(b)] ..................................... 17 -31 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -29 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS ...................................... 17 -33 17 -VI.A. Overview ............................................................................................. 17 -33 17 -VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............ 17 -33 In -Place Families [24 CFR 983.251(b)] ....................................... 17 -34 17 -VI.C. Organization o f the Waiting List [24 CFR 983.251(c)] ........................................................................... 17 -35 17 -VI.D. Selection From the Waiting List [24 CFR 983.251(c)] ........................................................................... 17 -35 Income Targeting [24 CFR 983.251(c)(6)] .................................. 17 -35 Units with Accessibility Features [24 CFR 983.251(c)(7)] .......... 17 -35 Preferences [24 CFR 983.251(d), FR Notice 11/24/08] ............... 17 -36 17 -VI.E. Offer of PBV Assistance .................................................................... 17-37 Refusal of Offer [24 CFR 983.251(e)(3)] ..................................... 17 -37 Disapproval by Landlord [24 CFR 983.251(e)(2)] ....................... 17 -37 Acceptance of Offer [24 CFR 983.252] ....................................... 17 -37 17 -VI.F. Owner Selection o f Tenants ............................................................... 17 -38 Leasing [24 CFR 983.253(a)] ....................................................... 17 -38 Filling Vacancies [24 CFR 983.254(a)] ........................................ 17 -38 Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)] .................................................................... 17 -38 17 -VI.G. Tenant Screening [24 CFR 983.255] .................................................. 17 -39 PHA Responsibility ...................................................................... 17 -39 Owner Responsibility ................................................................... 17 -39 PART VI I: OCCUPANCY .................................................................................................... 17 -41 17 -VII.A. Overview ............................................................................................. 17 -41 17 -VII.B. Lease [24 CFR 983.256] ..................................................................... 17 -41 Form of Lease [24 CFR 983.256(b)] ............................................ 17 -41 Lease Requirements [24 CFR 983.256(c)] ................................... 17 -41 Tenancy Addendum [24 CFR 983.256(d)] ................................... 17 -42 Initial Term and Lease Renewal [24 CFR 983.256(f)] ................. 17 -42 Changes in the Lease [24 CFR 983.256(e)] .................................. 17 -42 Owner Termination of Tenancy [24 CFR 983.257] ..................... 17 -43 Continuation of Housing Assistance Payments [24 CFR 983.258] ........................................................................ 17 -43 Security Deposits [24 CFR 983.259 ] ............................................ 17 -44 17 -VII.C. Moves ................................................................................................. 17 -45 Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.260 ] ......................................................................... 17 -45 Family Right to Move [24 CFR 983.261 ] .................................... 17 -46 17 -VII.D. Exceptions to the Occupancy Cap [24 CFR 983.262 ] ........................ 17 -47 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 2016 Nan McKay & Associates Adminplan 3/1/16 Unlimited copies may be made for internal use TO C -30 PART VIII: DETERMINING RENT TO OWNER ............................................................... 17 -49 17 -VIII.A. Overview ........................................................................................... 17 -49 17 -VIII.B. Rent Limits [24 CFR 983.301] ......................................................... 17 -49 Certain Tax Credit Units [24 CFR 983.301(c)] ............................ 17 -49 Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)] .......... 17 -50 Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] ............................... 17 -51 Redetermination of Rent [24 CFR 983.302]................................. 17 -52 PHA-Owned Units [24 CFR 983.301(g)] ..................................... 17 -52 17 -VIII.C. Reasonable Rent [24 CFR 983.303] ................................................. 17 -53 When Rent Reasonable Determinations Are Required ................ 17 -53 How to Determine Reasonable Rent ............................................. 17 -53 PHA-Owned Units ........................................................................ 17 -53 Owner Certification of Reasonable Rent ...................................... 17 -54 17 -VIII.D. Effect of Other Subsidy and Rent Control ........................................ 17 -54 Other Subsidy [24 CFR 983.304] ................................................. 17 -54 Rent Control [24 CFR 983.305] ................................................... 17 -54 PART IX: PAYMENTS TO OWNER ................................................................................. 17 -55 17 -IX.A. Housing Assistance Payments [24 CFR 983.351] .............................. 17 -55 17 -IX.B. Vacancy Payments [24 CFR 983.352]................................................ 17 -55 17 -IX.C. Tenant Rent to Owner [24 CFR 983.353] .......................................... 17 -57 Tenant and PHA Responsibilities ................................................. 17 -57 Utility Reimbursements ................................................................ 17 -57 17 -IX.D. Other Fees and Charges [24 CFR 983.354] ........................................ 17 -58 Meals and Supportive Services ..................................................... 17 -58 Other Charges by Owner .............................................................. 17 -58 GLOSSARY DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 201 6 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use TO C -31 Chapter 18 FAMILY SELF SUFFICIENCY ACTION PLAN PART I: THE FAMILY SELF -SUFFICIENCY (FSS) PROGRAM AND FSS ACTION PLAN .................................................................................. 18-1 1-I.A. Overview of the Family Self -Sufficiency Program .............................. 18-1 1-I.B. Applicable Regulations ......................................................................... 18-2 1-I.C. The Family Self -Sufficiency Action Plan ............................................. 18-2 PART II : REQUIREMENTS OF THE FSS ACTION PLAN .............................................. 18-3 1-II .A. Overview ............................................................................................... 18-3 1-II .B. HUD Approach to Policy Development ............................................... 18-3 1-II .C. FSS Action Plan Development and Revision ....................................... 18-3 Development of Action Plan [24 CFR 984.201(b) and (c)] ........... 18-3 Single Action Plan [24 CFR 984.201 (f)] ....................................... 18-4 Revision to the FSS Action Plan [24CFR984.201(c)(2)] .............. 18-4 1-II .D. Contents of the Plan [24 CFR 984.201(d)] ........................................... 18-4 1-II.E . Family Demographics [24 CFR 984.201(d)(1)] ................................... 18-5 PURPOSE, SCOPE AND AP PLICABILITY OF THE FAMILY SELF -SUFFICIENCY PROGRAM PART I: PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM ........... 18-7 2-I .A. Purpose ................................................................................................. 18-7 2-I.B . Program Objectives [24 CFR 984.102] ................................................ 18-7 2-I.C . Basic Requirements of the FSS Program [24 CFR 984.104 ................. 18-7 PART II : SCOPE OF THE FSS PROGRAM ....................................................................... 18-8 2-II .A. PHAS Required to Operate an FSS Program ....................................... 18-8 Mandatory Minimum Program Size (MMPS) [24 CFR 984.105] 18-9 2-II.B . Estimate of Participating Families [24 CFR 984.201(d)(2)] ............. 18-10 2-II.C . Eligible Families from Oth er Self -Sufficiency Programs [24 CFR 984.201(d)(3)] ...................................................................... 18-10 2-II.D . Eligibility of a Combined Program [24 CFR 984.201(e)] .................. 18-10 PART III: PROGRAM OPERATION ................................................................................. 18-11 2-II I .A. Overview ............................................................................................ 18-11 2-III.B . Program Implementation Deadline ..................................................... 18-11 Voluntary Program [24 CFR 984.301(a)(1)] ............................... 18-11 Mandatory Program [24 CFR 984.301(a)(2)] ............................. 18-11 2-III.C . Full Enrollment and Delivery of Service [24 CFR 984.301(a)(2)(iii)]18-11 2-III.D . Extension of Program Deadlines for Good Cause (24 CFR 984.301(a)(2)(iii)] ................................................................ 18-11 2-I II.E . Timetable for Program Implementation [24 CFR 984.201(d)(ii)] ...... 18-12 PART IV: DEFINITIONS .................................................................................................... 18-13 2-IV.A . Definitions [24 CFR 984.103] ............................................................ 18-13 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 201 6 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use TO C -32 PROGRAM ADMINISTRATION PART I: STAFFING, FEES, AND COSTS, AND ON -SITE FACILITIES .................... 18-17 3-I.A. Overview ............................................................................................. 18-17 3-I.B. Program Administration Staff and Contractors .................................. 18-17 3-I.C. Administrative Fees and Costs ........................................................... 18-17 Public Housing FSS Program ....................................................... 18-17 Housing Choice Voucher FSS Pro gram ....................................... 18-17 3-I.D. Supportive Services Fees and Costs ................................................... 18-18 Public Housing Supportive Services ............................................ 18-18 Housing Choice Voucher Supportive Services ............................ 18-18 3-I.E. On -Site Facilities ................................................................................ 18-18 PART II: PROGRAM COORDINATING COMMITTEE ................................................ 18-19 3-II.A. Overview ............................................................................................. 18-19 3-II.B. Program Coordinating Committee Membership ................................ 18-19 Required PCC Membership [24 CFR 984.202(b)(1)] ................. 18-19 Recommended PCC [24 CFR 984.202(b)(2)] ............................. 18-19 3-II.C. Alternative PCC Committee [24 CFR 984.202(c)] ............................ 18-20 SELECTING AND SERVING FSS FAMILIES PART I: INCENTIVES, OUTREACH, AND ASSURANCE OF NONINTERFERENCE ...................................................................................... 18-22 4-I.A. Overview ............................................................................................. 18-22 4-I.B. Incentives for Participation [24 CFR 984.201(d)(5) ........................... 18-22 4-I.C. Outreach Efforts [24 CFR 984.201(d)(6)(i)(iii)] ................................ 18-23 4-I.D. Assurance of Noninterference with the Rights of Nonparticipating Families [24 CFR 984.201(d)(10)] ............................................... 18-24 PART II: FAM ILY SELECTION ...................................................................................... 18-25 4-I I.A. Overview ............................................................................................. 18-25 4-II .B. Selection Preferences .......................................................................... 18-25 4-II.C. Selection Factors ................................................................................. 18-26 Motiva tion Selection Factors ........................................................ 18-26 Other Selection Factors ................................................................ 18-26 PART III: ACTIVITIES AND SUPPORT SERVICES ...................................................... 18-28 4-III.A. Overview ............................................................................................. 18-28 4-III.B. Method of Identifying Family Support Needs [24 CFR 984.201(d)(8)] ...................................................................... 18-28 4-III.C. FSS Activities and Support Services Description [24 CFR 984.201(d)(7)] ...................................................................... 18-28 4-III.D. CERTIFICATION OF COORDINATION [24 CFR 984.201(d)(12)] .................................................................... 18-31 CONTRACT OF PAR TICIPATION PART I: OVERVIEW AND FAMILY OBLIG A TIONS ................................................. 18-33 5-I.A. Overview ............................................................................................. 18-33 5-I.B. Contents of the Contract Participation ................................................ 18-33 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 201 6 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use TO C -33 Individual Training and Services Plan ......................................... 18-33 5-I.C. Family Obligations ............................................................................. 18-34 Compliance with Lease Terms ..................................................... 18-34 Em ployment Obligation [24 CFR 984.303(b)(4)] ........................ 18-34 5-I.D. Consequences of Noncompliance with the Contract .......................... 18-35 PART II: CONTRACT SPECIFICATIONS ...................................................................... 18-37 5-II.A. Overview ............................................................................................. 18-37 5-II.B. Contract Term [24 CFR 984.303(c)] .................................................. 18-37 Contract Extension ....................................................................... 18-37 5-II.C. Modification of the Contract .............................................................. 18-37 5-II.D. Completion of the Contract ................................................................ 18-38 5-II.E. Transitional Supportive Service Assistance ....................................... 18-38 5-II.F. Termination of the Contract ............................................................... 18-38 5-II.G. Option to Terminate Section 8 Housing and Supportive Service Assistance [24 CFR 984.303(i)] ......................................................... 18-39 5-II.H. Nullification of Contract for Unavailability of Supportive Services [24 CFR 984.303(e)] ......................................... 18-40 5-II.I. Grievance Procedures ......................................................................... 18-40 ESCROW ACCOUNT PART I: THE ESCROW ACCOUNT ............................................................................... 18-43 6-I.A. Overview ............................................................................................. 18-43 6-I.B. Calculating the FSS Credit Amount ................................................... 18-43 Determination of Family Rent and Total Tenant Payment .......... 18-43 Increases in FSS Family Income [24 CFR984.304] ..................... 18-43 Cessation of FSS Credit [24 CFR 984.305(b)(3)] ........................ 18-43 6-I.C. Disbursement of FSS Account Funds ................................................. 18-44 Dis bursement at Completion of Contract [24 CFR 984.305(c)(1)] ................................................................ 18-44 Disbursement before Expiration of Contract Term ...................... 18-44 Verif ication of Family Certification at Disbursement .................. 18-44 Succession to FSS Account [24 CFR 984.305(d)] ....................... 18-45 6-I.D. Use of FSS Account Funds for Homeownership ................................ 18-45 6-I.E. Forfeiture of FSS Account Funds ....................................................... 18-45 Treatment of Forfeited FSS Account Funds ................................. 18-45 PART II: ESCROW FUND ACCOUNTING AND REPORTING ................................... 18-46 6-II.A. Overview ............................................................................................. 18-46 6-II.B. Accounting for FSS Account Funds ................................................... 18-46 Proration of Investment Income [24 CFR 984.305(a)(2)(ii)] ....... 18-46 Reduction of Amounts Due by FSS Family [24 CFR 984.305(a)(2)(iii)] .......................................................... 18-46 6-II.C. Reporting on the FSS Account ........................................................... 18-47 DR A F T RE V I S I O N 20 1 6 Administrative Plan -Table of Contents © Copyright 201 6 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use TO C -34 PORTABILITY IN HOUSING CHOICE VOUCHER FSS PROGRAMS PART I: PORTABILITY IN THE FSS PROGRAM ........................................................ 18-49 7-I.A. Overview ............................................................................................. 18-49 7-I.B. Definitions .......................................................................................... 18-49 7-I.C. Residency Requirements .................................................................... 18-49 7-I.D. Contract of Participation ..................................................................... 18-50 Continued Participation in the FSS program of the Initial PHA .. 18-50 Participation in the FS S Program of the Receiving PHA ............. 18-50 PART II: THE EFFECTS OF PORTABILITY ON FSS REGULATIONS AND POLICY .................................................................................................... 18-51 7-II .A. Overview ............................................................................................. 18-51 7-II .B. Portability and the Escrow Account [24 CFR 984.306€] ................... 18-51 7-II.C. Program Termination, Loss of FSS Account, and Termination of Section 8 Assistance ........................................................................................ 18-51 Chapter 19 CONTINUUM OF CARE (CoC) GLOSSARY PUBLIC COMMENTS AND HOUSING AUTHORITY RESPONSES DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Intro -I Introduction ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN AUTHORITIES FOR POLICIES IN THE MODEL ADMINISTRATIVE PLAN The a uthority for PHA policies is derived from many sources. Primary among these sources are federal statues, federal regulat ions and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions. HUD HUD provides the primary source of PHA policy through federal regulations, HUD notices and handbooks. Compliance with federal regulations, current HUD notices and current HUD handbooks is mandatory. HUD also provides guidance to PHAs through other means such as HUD -published guidebooks, e xpired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies , PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program. State Law Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law , but does not conflict with it, the PHA should follow the state law. Industry Practice Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. I ndustry practice refers to a way of doing things or a policy that has been adopted by a majority of PHA’s . RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN The model a dministrative p lan cites several documents. Where a document or resource is cited frequently, it may be abbreviated . Where it is cited only once or twice, the model a dministrative p lan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the a dministrative p lan and a list of references and document locations that are referenced in the model a dministrative p lan or that may be helpful to you. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Intro -II Abbreviations Throughout the model a dministrative p lan , abbreviations are used to designate certain documents in citations. The followin g is a table of abbreviations of documents cited in the model a dministrative p lan . Abbreviation Docu ment CFR Code of Federal Regulations HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001. HUD -50058 IB HUD -50058 Instruction Booklet RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VG PIH Notice 2004-01 Verification Guidance, March 9, 2004. HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs Resources and Where to Fi nd Them Following is a list of resources helpful to the PHA or referenced in the model a dministrative p lan , and the online location of each. Document and Location Code of Federal Regulations http://w ww.gpoaccess.gov/cfr/index.html Earned Income Disregard FAQ www.hud.gov/offices/pih/phr/about/ao_faq_eid.cfm Eligibility of Students for Assisted Housing Under Section 8 of the U.S . Housing Act of 1937; Final Rule http://edocket.access.gpo.gov/2008/pdf/E8 -19435.pdf Enterprise Income Verification (EIV) System , Security Procedures for Upfront Income Verification data http://www.hud.gov/offices/pih/programs/ph/rhiip/docs/eivsecguidepha.pdf Executive Order 11063 http://www.hud.gov/offices/fheo/FHLaws/EXO11063.cfm DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Intro -III Federal Register http://www.access.gpo.gov/su_docs/aces/fr -cont.html General Income and Rent Determination FAQ s www.hud.gov/offices/pih/programs/ph/rhiip/faq_gird.cfm Housing Choice Voucher Program Guidebook (7420.10G), April 2001 www.hud.gov/offices/pih/programs/hcv/forms/guidebook.cfm HUD -50058 Instruction Booklet http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004 http://www.hud.gov/offices/fheo/library/huddojstatement.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007 http://www.hud.gov/offices/fheo/promotingfh/FederalRegistepublishedguidan ce.pdf Notice PIH 2012 -10, Verification of Social Security Numbers (SSNs) and Supplemental Security Income (SSI) Benefits; and Effective Use of the Enterprise Income Verification (EIV) System’s Identity Verification Report http://portal.hud.gov/huddoc/pih2012 -10.pdf Notice PIH 2010 -19, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System http://www.hud.gov/offices/pih/publications/notices/10/pih2010 -19.pdf Notice PIH 2010 -26 (HA), Nondiscrimination and Accessibility Notice http://www.hud.gov/offices/pih/publications/notices/10/pih2010 -26.pdf OMB Circular A -133 http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2010 Project -Based Voucher Program; Final Rule http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05- 20035.pdf Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. www.hud.gov/offices/pih/programs/ph/rhiip/faq.cfm VAWA Final Rule http://www.gpo.gov/fdsys/pkg/FR -2010 -10 -27/pdf/2010 -26914.pdf Verification FAQ www.hud.gov/offices /pih/programs/ph/rhiip/faq_verif.cfm Verification Guidance, March 2004 (attachment to Notice PIH 2004 -1) http://www.hud.gov/offices/pih/publications/notices/04/verif guidance.pdf The HUD Web site is http://portal.hud.gov/hudportal/HUD . Guidebooks, handbooks and other HUD resources may be found at the HUDClips Web site: http ://portal.hud.gov/hudportal/HUD src=/program_offices/administration/hudclips . DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -1 C hapter 1 OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION The PHA receives its funding for the Housing Choice Voucher (HCV) program , HOME and CDBG, and the Continuum of Care program from the Department of Housing and Urban Development. The PHA is not a fede ral department or agency . A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into c ontract s with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. This chapter contains information about the PHA and its programs. It also contains information about the purpose, intent and use of the plan and guide. There are three parts to this chapter: Part I: The Public Housing Agency (PHA). This part includes a description of the PH A, its jurisdiction, its programs, and its mission and intent. Part II: The HCV Program . This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships. Part III: The HCV Administrative Pla n . This par t discusses the purpose and organization of the plan and its revision requirements. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -2 PART I: THE PHA 1-I.A. OVERVIEW This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA Th e programs are funded by the federal government and administered by the Housing Authority of the City of Santa Monica for the jurisdiction of City of Santa Mo nica in Los Angeles County. The officials of a PHA are appointed in accordance with state housing law as commissioners or, collectively, as the board of commissioners. Commissioners are and generally serve in the same capacity as the directors of a corpora tion, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency’s resources and ass uring the agency’s continued viability. Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners and entered into the official records of the PHA. The principal staff member of the PHA is the executive director (ED), hired and appointed by the board of commissioners. The executive director is directly responsible for carrying out the policies established by the board and is delegated the responsibility for hiring, training and supervising the PHA’s staff in order to manage the day-to -day operations of the PHA. The executive director is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the executive director’s duties include budgeting and financial planning for the agency. State law requires the establishment of a Housing Commission when the local legislative body (City Council) serves as the Housing Authority as is the case in Santa Monica. The Housing Commission serves as the advisory body to the Housing Authority/City Council on housing policies, programs, and projects. Two Commission members shall be participants from programs administered by the Housing Authority and shall serve two-year terms. One of the two Commissioners must also be 62 years of age or older. No Santa Monica City employee may serve as a member of any Board or Commission. 1-I.C. PHA MISSION The p urpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides gu iding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions. PHA Policy The mission of the PHA is the same as th at of the Departme nt of Housing & Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -3 1-I.D. THE PHA’S PROGRAMS The following programs are included under this admi nistrative plan : PHA Policy The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program [including the Family Self Sufficiency (FSS) program], Continuum of Care programs , and CDBG programs . Policies for the HOME progr am will refer to this administrative plan. 1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE As a public service agency, the PHA is committed to pr oviding excellent service to program participant s, owners, and to the community. The PHA’s standards include: • Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, a nd sanitary housing – in compliance with program housing quality standards – for very low income families while ensuring that family rents are fair, reasonable, and affordable. • Encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs. • Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice. • Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low income families. • Promote a market -driven housing program that will help qualified low income families to be successful in obtaining affordable housing and increase the supply of housing choices for such families. • Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission. • Attain and maintain a high level of standards and professionalism in day-to -day management of all program components. • Administer an efficient, high -performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development. The PHA will make every effort to keep program participants informed of program rules and regulations, and to advise participants of how the program rules affect them. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -4 PART II: THE H OUSING C HOICE V OUCHER (HCV) PROGRAM 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM The intent of this section is to provide the public and staff with information related to the overall operation of the programs. There have been many changes to the program s since their inception, a brief history of the progr am will assist the reader to better understand programs . The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low -income residents. The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing. Under the Certificate program, federal housing assistance payment s were made directly to private owners of rental housing, where this housing was made available to lower -income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical stand ards of quality (“housing quality standards”) and was within certain HUD -established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 perc ent of the family’s adjusted income, with the remainder of the rent paid by the program. Another unique feature of the Certificate program was that the rental assistance remained with the eligible family , if the family chose to move to another privately-ow ned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit , should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistanc e, rather than unit-based assistance. The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant -based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit. However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay m ore or less than 30 percent of their adjusted income for rent. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -5 From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant -based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law. In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant -based programs and required that the two programs be merged into a single tenant -based assistance program, now known as the Housing Choice Voucher (HCV) program. The HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent. The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the HCV program. 1-II.B. PROGRAM BASICS The purpose of the voucher programs is to provide rental assistance to eligible families. The rules and regulations of the programs are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the programs , wh ich are included in the PHA’s administrative plan , a document approved by the board of commissioners of the PHA. The programs offer mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions. When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding i s available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent. Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program. 1-II.C. TH E HCV PARTNERSHIPS To administer the voucher programs , the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract , grant agreement, or contract ). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit. For the voucher programs to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -6 are defin ed in federal regulations and in legal documents that parties execute to participate in the program. The chart on the following page illustrates key aspects of these relationships. The Relationships : Congress Appropriates Funding HUD Provides Funding To PHA PHA Administers Program Owner / Landlord Family (Program Participant) Voucher specifies Family Obligat ions Contract specifies Owner and PHA Obligations Lease specifies Tenant and Landlord Obligations HUD Program Regulations and documents specify PHA Obligations and Funding DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -7 What D oes HUD Do? HU D has the following major responsibilities: • Develop regulations, requirements, handbooks, notices and other guidance to implement housing program legislation passed by Congress; • Allocate program funds to PHAs; • Provide technical assistance to PHAs on interpreting and applying program requirements ; • Monitor PHA compliance with program requirements and PHA performance in program administration . What D oes the PHA D o? The PHA administers the programs under contract with HUD and has the following major responsibil ities: • Establish local policies to administer the program ; • Review applications from interested applicant to determine whether they are eligible for the program; • Maintain waiting list and select families for admission ; • Issue vouchers to eligible families an d provide information on how to lease a unit; • Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration ; • Approve the rental unit (including assuring compliance with housing quality standards and rent re asonableness), the owner, and the tenancy; • Make housing assistance payments to the owner in a timely manner ; • Recertify families for continued eligibility under the program ; • Ensure that owners and families comply with their contractual obligations; • Provide families and owners with prompt, professional service; PHA Policy General Complaints If a family disagrees with an action or inaction of the PHA, the Housing Specialist will make every effort to resolve complaints from families. If the complaints are not resolved by the initial Housing Specialist, it will be referred to a peer for review, however as a general practice families will not be assigned to a new Housing Specialist unless the PHA rotates caseloads. If a family feels they require different attention related to a reasonable accommodation, the request must be made in writing and must follow the guidelines and procedures detailed in Chapter 2 of this Plan. • Comply with all fair housing and equal opportunity requirements, HUD regulations and requireme nts, the Annual Contributions Contract, HUD-approved applications for funding, the PHA’s administrative plan , and other applicable fed eral, state and local laws. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -8 What D oes the Owner Do? The owner has the following major responsibilities: • Screen families w ho apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner. - The owner should consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug -related criminal activity or other criminal activity that might threaten others. • Comply with the terms of the contract, executed with the PHA; • Comply with all applicable fair housing laws and do not discriminate against anyone; • Maintain the housing unit in accordance with Standards and make necessary r epairs in a timely manner ; • Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease . What D oes the Family Do? The family has the following responsibilities: • Provide the PHA with complete and accurate information , determined by the PHA to be necessary for administration of the program; • Make their best and most timely efforts to locate qualified and suitable housing; • Attend all appointments scheduled by the PHA; • Allow the PHA to inspect the unit at reas onable times and after reasonable notice; • Take responsibility for care of the housing unit, including any violations of housing standards caused by the family; • Comply with the terms of the lease with the owner; • Comply with the family obligations of the vou cher; • Not commit serious violations of the lease; • Not engage in drug-related or violent criminal activity; • Notify the PHA and the owner before moving or terminating the lease; • Use the assisted unit only for residence and as the sole residence of the family . Not sublet the unit, assign the lease, or have any interest in the unit; • Promptly notify the PHA of any changes in family composition; DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -9 • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs. 1-II.D. APPLIC ABLE REGULATIONS Applicable regulations include: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program • 24 CFR Part 983: Project-Based Vouchers • 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP) DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -10 PART III: THE HCV ADMINISTRATIVE PLAN 1-III.A. OVERVIEW AND PURPOSE OF THE PLAN The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s a gency p lan. This administrative plan is a supporting document to the PHA a gency plan, and is available for public review as requir ed by CFR 24 Part 903. This administrative plan is set forth to define the PHA's local policies for operation of the housing programs in accordance with federal laws and regulations . All issues related to HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices and other applicable law. The policies in this administrative plan have been designed to ensure compliance with the contracts and all HUD -approved applications for program funding. The PHA is responsible for complying with all changes in HUD regulations pertaining to programs. If such changes conflict with this plan , HUD re gulations will have precedence. Administration of the programs and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD ’s regulations as well as all federal , state and local fair housing laws and regulations. 1-III.B. CONTENTS O F THE PLAN [24 CFR 982.54 ] The HUD regulations at 24 CFR 982.54 define the policies t hat must be included in the administrative plan . They are as follow : • Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4); • Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5); • Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4); DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -11 • Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12); • Encouraging participation by owners of suitable units located outside areas of low income or m inority concentration (Chapter 13); • Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12 ) ; • How to determine who remains in the program if a family breaks up (Chapter 3); • Informal review procedures for applicants (Chapter 16); • Informal hearin g procedures for participants (Chapter 16 ); • The process for establishing and revising voucher payment standards (Chapter 16); • The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8); • Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15); • Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16); • Interim redeterminations of family income and composition (Chapter 11); • Restrictions, if any, on the number of moves by a participant family (Chapter 10); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16); • Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8); and • PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3). • Special Needs Programs (Chapter 17). DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlim ited copies may be made for internal use Page 1 -12 Mandatory vs. Discretionary Policy HUD makes a distinction between: • Mandatory policies : those driven by legislation, regulations, current handbooks, notices, and legal opinions, and • Optional, non-binding guidance , including guidebooks, notices that have expired and recommendations from individual HUD staff. HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion . The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHA s to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants. Creating policies based upon HUD guidance is not mandatory, but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decision s. 1-III.C. ORGANIZATION OF THE PLAN The Plan i s organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD. PHA Policy The PHA will review and update the plan at least once a year, and more often if needed, to reflect changes i n regulations and PHA operations, or when needed to ensure staff consistency in operation. The Plan will become effective the date it is approved by City Council. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -1 Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY INTRODUCTION This c hapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally-assisted housing programs. The letter and spirit of these la ws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pert ains to all areas of the PHA’s h ousing voucher operations. This chapter describes HUD regulations and PHA policies related to these topics in t hree parts: Part I: Nondiscrimination . This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination. Part II: Policies Relat ed to Persons with Disabilities . This p art discusses the rules and poli cies of the housing voucher programs related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004. Part III: Prohibition of Discrimination Against Limited English Proficiency Persons . This p art details the obligations of the P HA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates HUD and DOJ’s Notice of Guidance, published December 19, 2003 in the Federal Registe r , and “Final Guidance to Fed eral Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice” (Jan. 22, 2007), which can be found at: http://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pdf . DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -2 PART I: NONDISCRIMINATION 2-I.A. OVERVIEW Fe deral law s require PHAs to treat all applicants and participants equally, providing the same opportunity to access services , regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial statu s, disabilit y, and status as a victim of domestic violence, dating violence, sexua l assault, or stalking. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal , state , and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including: • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988) • Executive Order 11063 • Section 504 of the Rehabilitation Act of 1973 • The Age Discrimination Act of 1975 • Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012. • Violence Against Women Reauthorization Act of 2013 (VAWA) • HUD LEP Guidance, “Fina l 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 When more than one c ivil rights law applies to a situation, the laws wil l be read and applied together. Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also a pply. 2-I.B. NONDISCRIMINATION Federal regulations prohibit discrimination against certain protected classes and other groups of people . State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors. The PHA shal l not di scriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”). DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -3 Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18. The PHA will not discriminate on the basis of an individual’s status as a victim of domestic violence, dating violence, sexual assault or stalking. T he PHA will not discriminate on the basis of mari tal status, gender identity, or sexual orientation [FR Notice 02/03/12 ]. 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] PHA Policy Consistent with the City of Santa Monica’s Municipal Code Section 4.28.030, the Housing Anti-Discrimination Code, the PHA prohibits discrimination based on “source of income”. “Source of income” includes any lawful source of income or rent al assistance from any federal, State, local, or non-profit -administered benefit or subsidy program including, but not limited to, rental housing voucher programs. PHA Policy The PHA does not identify any additional protected classes. The PHA will not use any of the se factors to: • Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opp ortunity to participate in the h ousing choice v oucher program • Provide housing that is different from that provided to others • Subj ect anyone to segregation or disparate treatment • Restrict anyone's access to any benefit enjoyed by others in connection with the housing program • Treat a person differently in determining eligibility or other requirements for admission • Steer an applicant or participant toward or away from a particular area based on any of these factors • Deny anyone access to the same level of services • Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program • Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class • Publish or cause to be published an advertisement or notice indicating the ava ilability of housing that prefers or excludes persons who are members of a protected class. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -4 • 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. Providing Information to Families and Owners The PHA must take steps to ensure that families and owners are fully aware of all applicable c ivil r ights laws . As part of the briefing process, the PHA must provide information to applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract. Discrimination Complaints If a n applicant or participant believes that any family member has been d iscriminat ed against by the PHA or an owner, the family should advise the PHA . HUD requires t he PHA to make every reasonable attempt to determine whether the applicant or participant’s assertions have merit and take any warranted corrective action. In addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304]. PHA Policy Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA of the complaint in writing . Exceptions to allow oral complaints will be made for reasonable accommodation. T he PHA will attempt to remedy discrimination complaints made against the PHA . The PHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO) and California Department of Fair Employment and Housing (DFEH). Families may also seek rec ourse through the Fair Housing Division of the City Attorney’s Office. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -5 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES 2-II.A. OVERVIEW One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable acco mmodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program. The PHA must ensure that persons with disabil ities have full access to the PHA’s programs and services . This responsibility begins with the first contact by an interested family and continues through every aspect of the program. PHA Policy The PHA will ask all applicants and participants if they requ ire any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language: “If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.” A specific name and phone number of designated staff will be provided to process requests for accommodation. The PHA will display posters a nd other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair. 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION A person with a disability may require certain types of accommodat ion in order to have equal access to the program s. The types of reasonable accommodations the PHA can provide include change s , exception s, or adjustments to a rule, policy, practice, or serv ic e. A reasonable accommodation is an adjustment made to a rule, p olicy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in ord er for a participant to lease an accessible dwelling unit. Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations. Types of Reasonable Accommodations When needed, the PHA will modify normal procedures to accommodate the needs of a per son with disabilities . Examples include: • Permitting applications and reexaminations to be completed by mail or online • Conducting home visits DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -6 • Using higher payment standards (either within the acceptable range or with HUD ap proval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit • Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit • Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff 2-II.C. REQUEST FOR AN ACCOMMODATION If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation , even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]. The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services . If the need for the accommodation is not readily apparent or known to the PHA , the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual’s disability. PHA Policy The PHA will encourage th e family to make its request in writing using a reasonable accommodation request form . However, the PHA will consider the accommodation any time the family indicates that an accommodation is needed , whether or not a formal written request is submitted. 2-II.D. VERIFICATION OF DISA BILITY The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of thi s chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances . Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services. If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]. If a famil y indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -7 person with a disability, and that the limitations imposed by the disability req uire the requested accommodation . When verifying a disability, the PHA will follow the verification policies provided in Chapter 7. All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when v erifying a disability : • T hird -party verification must be obtained from an individual identified by the family who is competen t to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Join t Statement of the Dep artments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act] • The PHA must request only information that is necessary to evaluate the disability -related need for the accommodation. The PHA will not inquire about the nature or extent of any disability. • M edical records will not be accepted or retained in the participant file. • In the event that the PHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it. In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26]. 2-II.E. APPROVAL/DENIAL OF A REQUEST ED ACCOMMODATION [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act Notice PIH 2010-26]. The PHA must approve a reque s t for a n accommodation if the following three conditions are met : • The request was made by or on behalf of a person with a disability. • T here is a disability -related need for the accommodation . • T he requested accommo dation is reasonabl e, meaning it would not impose an undue financial and administrative burden on the PHA, or fundamentally alter the nature of the PHA’s operations (including the obligation to comply with HUD requirements and regulations ). Requests for accommodations must b e assessed on a case -by-case basis, taking into account factors such as the overall size of the PHA’s programs with respect to the number of employees, workforce, the nature and cost of the requested accommodation, and the availability of alternative accom modations that would effectively meet the family’s disability -related needs . Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the PHA may verify the need for the requested accommodation . DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -8 PHA Policy After a request for an accommodation is presented, the PHA will respond in writing, acknowledging receipt of the request, within 10 bu siness days. Based on the verified need for the accommodation, or the absence thereof, the PHA will render its decision within a reasonable period of time. If the PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the PHA’s operations), the PHA will discuss with the family whether an alternative accommodation could effectively address the family’s disability -related needs without a funda mental alteration to the program and without imposing an undue financial and administrative burden. If the need for the accommodation was not readily apparent or known to the PHA, and the family was not able to demonstrate the relationship or nexus between the requested accommodation and the disability, the PHA may also deny the request. If the PHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the PHA will notify the fami ly, in writing, of its determination within 15 business days from the date of the most recent discussion or communication with the family . The PHA may be required to respond in less than 15 business days. 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HE ARING OR VISION IMPAIRMENTS HUD regulations require the PHA to ensure that persons with disabilities related to hearing and vision have reasonable access to the PHA's programs and services [24 CFR 8.6]. At the initial point of contact with each applicant, the PHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork. PHA Policy To meet the needs of persons with hearing impairments , TTD/TTY [(310) 917-6626] communication will be available. To meet the needs of persons with vision impairments , large -print of key program documents will be made available upon request. Audio versions may be made available upon request. When visual aids are used in public meetings or presentations, or in meeting s with PHA staff, one-on-one assistance will be provided upon request. Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third party representative (a friend , relative or advocate, named by the applicant) to receive, interpret and explain housing materials, be present at meetings held with the family, or to represent the family and the family’s interests. Should the family designate an individual as such a rep resentative, a written, notarized authorization must be submitted to the PHA specifically designating the individual, including an acknowledgement that the family is still responsible for all family obligations under the program s. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -9 2-II.G. PHYSICAL ACCESSI BILITY The PHA must compl y with a variety of regulations pertaining to physical accessibility, including the following: • PIH 2010-26 • Section 504 of the Rehabilitation Act of 1973 • T he Americans with Disabilities Act of 1990 • T he Architectural Barriers Act of 1968 • The Fair Housing Act of 1988 The PHA’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents: • This p lan describes the key policies that govern the PHA’s respon sibilities with regard to physical accessibility. • Notice PIH 2010-26 summarizes informati on about pertinent laws and implementing regulations related to non-discrimination and accessibility in federally -funded housing programs. • T he PHA Plan provides information about self-evaluation, needs assessment, and transition plans. The design, construction, or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly -constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the HCV program. When issuing a voucher to a family that includes an individual with disabilities, the PHA will include a current list of available accessible units known to the PHA and will assist the family in locating an available accessible unit, if necessary . In general, o wners must permit the family to make reasonable modifications to the unit. However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family’s expense when the family moves . 2-II.H. DENIAL OR TERMINATION OF ASSISTANCE A PHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)]. When applicants with disabiliti es are denied assistance , the notice of denial must inform them of the PHA’s informal review process and their right to request a hearing. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal hearing process. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -10 When a participant family’s assistance is terminated, the notice of termination must inform them of the PHA’s informal hearing process and their right to request a hearing and reasonable accommodation. When reviewing reasonable accommodation requests, the PHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the PHA’s decision to deny or terminate assistance. If a reasonable accommodation will al low the family to meet the requirements , the PHA must make the accommodation. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -11 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) 2-II I.A. OVERVIEW Language for Limited English Proficiency Persons (LEP) can be a barr ier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the programs . In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally -assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Notice of Guidance to Federal Assi stance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, 2003 in the Federal Register , and “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against Nation al Origin Discrimination Affecting Limited English Proficient Persons; Notice” (Jan. 22, 2007). The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP). LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are applicants and participants, and parents and family members of applicants and participants. In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the programs; (3) the nature and importance of the program, activity, or service provided by th e program s to people’s lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA. PHA Policy The PHA has completed the four-factor analysis and developed a written LEP plan which is provided as Exhibit 2-2 at the end of this chapter. 2-III.B. ORAL INTERPRETATION T he PHA will offer competent interpretation services free of charge , upon request to the LEP person. PHA Po licy The PHA will utilize a language line for telephone interpreter services. Where feasible, the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. Where feasible and possible, the PHA will encourage the use of qualified DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -12 community volunteers if caution is taken to ensure that the volunteers are appropriately trained and that confidentiality concerns regarding individual applicants and tenants a re adequately taken into account. Where LEP persons desire, they will be permitted to use, at their own expense, a qualified interpreter of their own choosing, in place of or as a supplement to the free language services offered by the PHA. The interpreter m ay be a family member or friend; however, the PHA will not permit minor children to act as interpreters. The PHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken . “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits. Where feasible and possible, according to its language assistance plan (LAP), the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. 2-III.C. WRITTEN TRANSLATION Translation is the replacement of a written text from one language into an equivalent written text in another language. PHA Policy In order to comply with written -translation obligations, the PHA will take the following steps: The PHA will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or If there are fewer than 50 persons in a language group th at reaches the 5 percent trigger , the PHA does not translate vital written materials, but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. 2-III.D. IMPLEMENTATION PLAN Afte r completing the four-factor analysis and deciding what language assistance services are appropriate, the PHA shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves. If the PHA determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to the PHA’s Housing Choice Voucher program and se rvices. PHA Policy If it is determined that the PHA serves very few LEP persons, and the PHA has very limited resources, the PHA will not develop a written LEP plan, but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -13 access. Entities having significant contact with LEP persons, such as schools, grassroots and faith -based organizations, community groups, and groups working with new immigrants , will be conta cted for input into the process. T he PHA has devel op ed a writt en LEP plan , following the se five steps : (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan. EXHIBIT 2 -1 : DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201] A person with a disability, as defined under federal civil rights laws, is any person who: • Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or • Has a record of such impairment, or • Is regarded as having such impairment The phrase “physical or mental impairment” includes: • Any physiological disorder or condition, co smetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculo skeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito -urinary; hemic and lymphatic; skin; and endocrine; or • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limit ed to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. “Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working. “Has a record of such impairment” means has a history of, or has been misclassi fied as having, a mental or physical impairment that substantially limits one or more major life activities. “Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the PHA ) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment. The definition of a person with disabilities does not include: • Current illegal drug users • People whose alcohol use interferes wi th the rights of others DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -14 • Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the programs The above definition of disability determines whether an applicant or pa rticipant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations. The H UD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the d isabled family preference, the $400 e lderly/d isabled household deduction, the $480 dependent deduction, the allowance for medical expense s, or the allowance for disability assistance expenses . (Not applicable in all programs) The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the programs, yet an accommodation is needed to provide equal opportunity. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -15 EXHIBIT 2 -2: SANTA MONICA HOUSING AUTHORITY LANGUAGE ASSISTANCE PLAN I. PLAN STATEMENT The Santa Monica Housing Authority (SMHA) is committed to promoting adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. The SMHA has adopted this Language Assis tance Plan to ensure that its programs and resources are accessible to persons with Limited English Proficiency (LEP) without discrimination. The SMHA will provide language assistance to participants/residents who request assistance from the SMHA for their LEP needs and whose primary language constitutes 5% or greater of the population of persons eligible to be served or likely to be affected or encountered. The information in this Plan is based on 2010 Census data and will be updated as updated Census data becomes available. Limited Englis h Proficient (LEP) persons are those whose proficiency in speaking, reading, writing, or understanding English is such that it would deny or limit their meaningful access to programs and services provided by the SMHA if language assistance were not provided. II. MEANINGFUL ACCESS: FOUR FACTOR ANALYSIS The following four factors have been researched and considered in order to develop a Limited English Proficiency Program which ensures meaningful assistance for LEP individuals and families. A. Factor One: The number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher Program The service area of the Santa Monica Housing Authority (SMHA) is the City of Santa Monica. The City of Santa Monica has a total population that consists of 77.6 % White, 3.9 % Black , 9.0 % Asian, 0.4 % American Indian and Alaska Native and 0.1 % Native Hawaiian and Other Pacific Islander as reported in the U.S Bureau of the Census, 2010 Census . 13.1 % of the ci ty’s population is of Hispanic or Latino origin . 15,769 (18%) households receive some form of low -income assistance . 11.1 % of families received income below that of the poverty level between 2006 and 2010. 11.5% of all residents aged 65 years an older received income below the poverty level. 23 % of the population were foreign born and 25.7 % of all residents speak a language other than English at home including Spanish, other Indo -European, Asian Pacific Islander languages . Most came to the United States pri or to 2000 from Europe, Asia and Latin America. The majority identifies their ancestry as English, German, and Irish. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -16 B. Factor Two: The frequency with which LEP individuals come into contact with the Housing Choice Voucher Program • The SMHA administers 1,092 Section 8 Housing Choice Vouchers , 238 Continuum of Care Program Vouchers, and 45 HOME vouchers • The SMHA provides housing assistance to over 1,800 individuals, seniors, children and persons with disabilities • The SMHA employees have daily contact with potential applicants, property owners, and participants C. Factor Three: The nature and importance of the program, activity, or service provided by the program to people’s lives The SMHA is the largest provider of affordable housing in the City of Santa Mon ica and provides a critical resource of housing assistance to over 1,800 low income individuals. D. Factor Four: Resources currently available to participants/residents The SMHA currently makes the following resources available to LEP individuals and famil ies in order to provide meaningful access to SMHA programs and services: • Bilingual staff in designated positions to provide oral translation services • Program documents translated into Spanish (a participant population of 5% or more who speak a language o ther than English in the home if that language can be identified) • HUD website contains LEP documents at www.hud.gov/offices/fheo/promotingfh/lep.cfm . Additional documents are available throughout the HUD clips Form Library. III. LANGUAGE ASSISTANCE The Santa Monica Housing Authority will: 1. List the telephone extension on all notices addressing language assistance. 2. Utilize language identification flashcards to assist limited English proficient individuals to inform staff of the language they are most comfortable using to communicate. 3. Utilize signage in the lobby of the housing authority and on the website informing the public of translation and interpreter service. 4. Inquire as to the need for, and provide qualified interpreter assistance for , all required group meetings (i.e. briefings) at no cost to the participant. 5. Provide translated versions of vital documents to LEP applicants and participants. 6. Provide free interpretation assistance upon req uest for all other housing authority transactions. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -17 Interpreters To the extent that they are available, qualified interpreters will be provided for all group meetings (i.e. briefings) at no cost to the participants, if the assistance is requested at least 2 work days prior to the meeting. Notice announcing the meeting, including appointment letters, will advise individuals of their ability to request assistance in advance of a group meeting. Interpretation assistance via telephone conferencing will be offered for one -on -one meetings with staff as needed. Friends will be strongly discouraged as interpreters; minor children will not be permitted to act as interpreters. The City of Santa Monica has a Translation Services List of employees who are proficient in interpreting specific languages. Translation While every effort will be made to ensure that all documents translated remain true to the English version, the text of the English version is the official statement and/or policy of the SMHA. Eventual errors in translation may be considered as a mitigating factor in assessing any resulting complications. The SMHA will make available, upon request or identification of need, any forms that have been translated by the U.S. Department of Housing and Urban De velopment. The SMHA will also provide written translations (Spanish and other language(s) for participants as indicated by the annual needs assessment) of: a. Any flier announcing the availability of, and the associated application form for admission to the Programs b. The statement of Family Obligations c. Termination notices d. Notices advising of the right to request an Informal Review or Informal Hearing Vital Documents The SMHA will conduct an initial review of its written documents for the purp ose of accessing whether any document is v ital and requires translation. 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 spe cifically” [72 Fed. Reg. at 2,736]. Whether a document is important depends on the “importance of the program, information, encounter, or service involved, and the consequences to the LEP person if the information in question is not provided accurately or in a timely manner.” Id. at 2752. A similar review will be conducted to determine if new documents are vital and need translation. The Santa Monica Housing Authority will rely on HUD to translate its own required documents. Examples of vital documents may include, but are not limited to Personal Declaration, Housing Choice Voucher (HUD -52646), Family Obligations, and Tenant Integrity Certification , and the HUD Tenancy Addendum. IV. OUTREACH DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -18 The SMHA will post notices of the availability of language assis tance services in the front lobby of the Santa Monica Housing Authority, 1901 Main Street, Santa Monica, CA. Notice regarding the availability of language assistance services will also be posted on the SMHA’s website and will be included in annual recerti fication packages sent to residents and participants. Outreach will also include advertising waitlist openings in non -English media. V. TRAINING The SMHA will provide ongoing training for appropriate staff regarding the LAP policy and procedures. Training will include: • An overview of the SMHA’s Limited English Proficiency Policy and Procedures. • How and when to use the Santa Monica Housing Authority’s Language Identification Card to identify the language in which the LEP person needs assistance. • How an d when to access language services through bilingual staff or Language Line Services. • How to work with an interpreter. • Prohibition against requiring or asking LEP person to bring his/her own interpreter. • Cultural sensitivity. • The potential consequences of having close friends or children act as interpreters. VI. MONITORING AND RECORDKEEPING A. Housing Authority staff will monitor the provision of language assistance services to LEP persons on an ongoing basis to meet with staff to coordinate and facilitate the delivery of language services and address issues related to language services. SMHA staff will: 1. Monitor the implementation of the Santa Monica Housing Authority’s Language Assistance Plan, and update it annually. 2. Track LEP persons served, including the language, type of service and how language services were provided if available. 3. Consult with front line staff to identify emerging languages and changes in the proportion of existing language groups. 4. Ensure compliance with the requirements for providin g language assistance services. 5. Assess the language assistance needs of the SMHA on an annual basis by reviewing data on the provision of language services and the prior year’s provision of language assistance services, and recommend modifications of the Plan to the Housing Authority Administrator. 6. Monitor the translation of vital documents. 7. Oversee quality control assessment of language services. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 2 -19 COMPLAINTS SMHA employees who receive a report, or become aware that a LEP person believes that he/she has not been provided with language assistance services, in accordance with the provisions of the Language Assistance Plan, should report that information to the Housing Authority Administrator in person or via telephone at 310-458-8743. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -1 Chapter 3 ELIGIBILITY INTRODUCTION The PHA is responsible for ensuring that every individual and family admitted to the programs meet all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family’s assistance. To be eligible for the programs: The applicant family must: - Qualify as a family as defined by HUD and the PHA. - Have income at or below HUD-specified income limits. - Qualify on the basis of citizenship or the eligible immigrant status of family members. - Provide social security number information for household members as required. - Consent to the PHA’s co llection and use of family information as provided for in PHA- provided consent forms. The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA. This chapter contains three parts: Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members. Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent. Part III: Denial of Assistance. This p art covers factors related to an applicant’s past or current conduct (e.g. criminal activity) that can cause the PHA to deny assistance. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -2 PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS 3 -I.A. OVERVIEW Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules. 3 -I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); HUD-50058 IB, p. 13 ; F R Notice 02/03/12] The terms family and household have different meanings in the HCV program. Family To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person; or a group of persons residing together. Such group includes, but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, or the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family. Gender Identity means actual or perceived gender characteristics. Sexual orientation means homosexuality, heterosexuality, or bisexuality. PHA Policy A family also includes two or more individuals who are not related by blood, marriage, adoption, or other operation of law but who either can demonstrate that they have lived together previously or certify that each individual’s income and other resources will be available to meet the needs of the family. Each family must identify the individuals to be included in the family at the time of application, and must notify the PHA if the family’s composition changes. Household Household is a broader term that includes additional people who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults. 3 -I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [24 CFR 982.315] Except under the following conditions, the PHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up: If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, the PHA must ensure that the victim retains assistance. (For DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -3 documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16-IX.D of this plan.) If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court's determination of which family members continue to receive assistance. PHA Poli cy When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date if the waiting list is open. If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted. In the absence of a judicial decision-, or an agreement among the original family members, the PHA will determine which family will retain their placement on the waiting list or continue to receive assistance. In making its determinations, the PHA will take into consideration the following factors: (1) the interest of any minor children, including custody arrangements; (2) the interest of any ill, elderly, or disabled family members; (3) the interest of any family member who is the victim of domestic violence, dating violence, sexual assault, or stalking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible risks to family members as a result of criminal activity; and (5 ) the recommendations of social service professionals. Remaining Member of a Tenant Family [24 CFR 5.403] The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family. If dependents are the only “remaining members of a tenant family ” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.” 3 -I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)] Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse. PHA Policy The family may designate any qualified family member as the head of household. The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -4 3 -I.E. SPOUSE, COHEAD, AND OTHER ADULT A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13]. Spouse means the marriage partner of the head of household. PHA Policy A marriage partner includes the partner in a "common law" marriage as defined in state law . [California Law: California does not recognize common law marriages. However, if a couple meets the requirements for a common law marriage in a state that does recognize common law marriages, and the couple then moves to California, California will recognize the "common law" marriage. For example, if a couple lived in Texas, a state recognizing common law marriage, and met the requirements for a common law marriage, and then moved to California, which does not recognize common law marriage, California will recognize the couple as being married.] The term “spouse” does not apply to fri ends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse. A cohead is an individual in the household who is equally responsible with the head of house hold for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead. PHA Policy Minors who are emancipated under state law may be designated as a cohead. Other adult means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults. 3 -I.F. DEPENDENT [24 CFR 5.603] A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides . Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance as described in Chapter 6. Joint Custody of Dependents PHA Policy Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more than 50% of the time. The PHA considers joint custody to be legal only where by a court order exists determining primary place of residence of the children . If the dependent(s) resides in two households, each of which have a housing subsidy, the addition of said dependent(s) will create a Multiple Subsidy error and is not approved without the household submitting a request to the PHA. Failure to report the existence of duplicate housing subsidy assistance is a violation of Family Obligations. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -5 The PHA must then, upon approval of the request, submit a waiver request to the local field office. If the local field office approves the request, it will be forwarded to HUD for final approval. When appropriate, the Housing Authorities involved may remove the name of the dependent(s) as they change households during the year. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents and receive the dependent allowance/deduction . If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, IRS returns showing which family has claimed the child for income tax purposes, and school records. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, IRS returns showing which family has claimed the child for income tax purposes, and school records. 3 -I.G. FULL-TIME STUDENT [24 CFR 5.603 ; HCV GB, p. 5-29] A full-time student (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to be full-time is defined by the educational institution. Identifying each FTS is important because: (1) each family member that is an FTS, other than the head, spouse, or cohead, qualifies the family for a dependent allowance, and (2) the earned income of such an FTS is treated differently from the income of other family members as described in Chapter 6-I.D. Earned Income of Full-Time Students. 3 -I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12] Elderly Persons An elderly person is a person who is at least 62 years of age. Near-Elderly Persons A near-elderly person is a person who is 50 -61 years of age. Elderly Family An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person. Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6. 3 -I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12] Persons with Disabilities DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -6 Under the HCV program, special rules apply to persons with disabilities and to any family whose head, spouse, or cohead is a person with disabilities. The technical definitions of individual with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter. These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability. As discussed in Chapter 2, the PHA must make all aspects of the HCV program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person’s disability. Disabled Family A disabled family is one in which the head, spouse, or cohead is a person with disabilities. Identifying disabled families is important because these families qualify for the disabled family allowance as described in Chapter 6. Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the PHA from denying assistance for reasons related to alcohol and drug abuse in accordance with policies found in Part III of this chapter, or from terminating assistance in ac cordance with the policies in Chapter 12. 3 -I.J. GUESTS [24 CFR 5.100] A gue st is a person temporarily staying in the unit with the consent of a member of the household who has express ed or implied authority to so consent. PHA Policy A guest can remain in the assisted unit no longer than 14 consecutive days or a total of 28 cumulative calendar days during any 12-month period. If the lease agreement conflicts with PHA policy, then lease agreement supersedes PHA policy. Minor children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the assisted household more than 50 percent of the time, are not subject to the time limitations of guests as described above. A student who was a former member of the household (other than head of household or spouse) who is currently enrolled as a full-time student and attends school away from home may return to the home for school recesses so long as the stay in the unit lasts no more than 14 consecutive days or 24 cumulative days within a 12-month period. Stays more than 14 consecutive days or 24 cumulative days within a 12-month period are subject to an interim re-examination to account for changes in the household composition (see Chapter 11-II.B). A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 40 consecutive days). An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return. 3 -I.K. FOSTER CHILDREN AND FOSTER ADULTS DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -7 Foster adults are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone [24 CFR 5.609]. The term foster child is not specifically defined by the regulations. Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in family annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603 ; HUD -50058 IB, p. 13]. PHA Policy A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of foster care arrangement with the custodial agency. A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of HQS space standards according to 24 CFR 982.401. However, the PHA will not approve the addition of a foster child or foster adult if the family requires an additional bedroom to accommodate the foster child or foster adult. Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L. 3 -I.L. ABSENT FAMILY MEMBERS Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order. Definitions of Temporarily and Permanently Absent PHA Policy Generally an individual who is or is expected to be absent from the assisted unit fo r 60 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally an individual who is or is expected to be absent from the assisted unit for more than 60 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below. Absent Students PHA Policy When a student who has been considered a former member of the household attends school away from home, the person will not be considered a family member unless the head of household notifies the PHA in writing and the PHA determines that the student is returning to the unit as a resident, including those situations where the student has returned as a guest and remained past the authorized guest period and requires an interim re -examination in accordance with Chapter 11-II.B. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -8 Absences Due to Placement in Foster Care [24 CFR 5.403] Children temporarily absent from the home as a result of placement in foster care are considered members of the family. PHA Policy If a child has been placed in foster care, the head of household will notify the PHA in writing and provide written verification from the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 60 days from the date of removal of the children, the voucher size will be reduced. If the agency confirms that the child has been permanently removed from the home, the child will not be counted as a family member and the voucher size will be reduced in accordance with the PHA’s subsidy standards . The family head, spouse, or co-head is responsible for keeping the PHA notified of changes in the family composition. If the family head, spouse, or co-head receives verification that the child has been permanently removed from the home, the assisted family must supply the information to the PHA. Failure to supply the information within 10 days is cause for termination of the assisted voucher. Absent Head, Spouse, or Cohead PHA Policy An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member. Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5 -22]. PHA Policy The PHA will request verification of the family member’s permanent absence from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person will be considered temporarily absent. If the family certifies that the family member is confined on a permanent basis, they may present, and the PHA will consider, any additional documentation or evidence. Return of Permanently Absent Family Membe rs PHA Policy The head of household must request PHA approval for the return of any adult family members that the PHA previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter. If this request includes an increase in bedroom size, the PHA will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16. The lease must be modified to reflect the change in household. 3 -I.M. LIVE-IN AIDE [PIH 2012-33] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -9 A live-in aide 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 [24 CFR 5.403]. The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities. The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR 5.609(b)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family. A PHA may only approve one additional bedroom for a live-in aide. Although a live-in aide may have PHA-approved family member/s live with him/her in the assisted unit, no additional bedrooms will be provided for the family members of the live-in aide. The PHA must ensure that housing quality standards (HQS) will not be violated and that there will be no more than two people per bedroom or living/sleeping space in the unit in accordance with 24 CFR §982.401(d)(2)(ii). If the approval of additional family members of a live-in aide would result in the violation of HQS, the additional family members of the live-in aide may not be approved PHA Policy A head of household’s request for a live-in aide must be made in writing using a live-in a ide request form. Written verification will be required from a knowledgeable professional, such as a doctor, social worker, or case worker, that a live-in aide is necessary for the care and well being of the elderly or disabled family member. For continued approval, the family must submit a new, written request-subject to PHA verification-at each annual reexamination, and the live-in aide must participate in the annual reexamination appointment. In addition, the family and live-in aide will be required to complete a Live-In Aide Agreement certification form stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services at each annual reexamination. The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]: The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; The person commits drug-related criminal activity or violent criminal activity; or The person currently owes rent or other amounts to the PHA or to another PHA in connection with housing assistance under the 1937 Act. The live-in aide services are not required for at least 8 hours a day. The person 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. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -10 The person is a helper or guest of the participant who comes and goes during the day. Has been terminated previously from the Section 8 Program due to program non- compliance. The PHA may deny the addition of a proposed live-in aide to the household if that proposed live-in aide would have been ineligible for the program at initial admission in accordance with Chapter 3, Eligibility, or Chapter 12 Termination of Assistance and Tenancy, of this Administrative Plan. Eligibility checks will be completed (and documented in the file) for all prospective live- in aides (and any family members that will live with them in the assisted unit) and they must meet the same eligibility criteria as a program applicant or participant, excluding income criteria. The PHA will notify the family of its decision in writing within 15 business days of receiving written third party verification for a live-in aide. PHA Policy Live-in aids are not subject to the Citizenship or Eligible Immigration Status Rule as set forth in Chapter 3-II.B. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -11 PART II: BASIC ELIGIBILITY CRITERIA 3 -II.A. INCOME ELIGIBILITY AND TARGETING Income Limits HUD establishes income limits for all areas of the country and publishes them annually in the Federal Register . They are based upon estimates of median family income with adjustments for family size. The income limits are used to determine eligibility for the programs and for income targeting purposes as discussed in this section. Definitions of the Income Limits [24 CFR 5.603(b)] Low-income family. A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size. Very low-income family. A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size. Extremely low-income family. A family whose annual income does not exceed 30 percent of the median income for the area, adjusted for family size. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes. Using Income Limits for Eligibility [24 CFR 982.201] Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limits for their family size. In order to be income eligible, an applicant family must be one of the following: A very low-income family A low-income family that has been "continuously assisted" under the 1937 Housing Act. A family is considered to be continuously assisted if the family is already receiving assistance under any 1937 Housing Act program at the time the family is admitted to the HCV program [24 CFR 982.4] PHA Policy The PHA will consider a family to be continuously assisted if the family was leasing a unit under any 1937 Housing Act program within 120 days of the time they were issued a voucher by the PHA. A low-income family that qualifies for voucher assistance as a non-purchasing household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily housing homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173 A low-income or moderate-income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract on eligible low-income housing as defined in 24 CFR 248.101 DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -12 HUD permits the PHA to establish additional categories of low-income families that may be determined eligible. The additional categories must be consistent with the PHA plan and the consolidated plans for local governments within the PHA’s juris diction. PHA Policy The PHA has established the following additional categories of low-income families that may be determined eligible: o A family physically displaced from a Rental Rehabilitation Development due to physical construction, overcrowding, or change in the use of the unit o A family assisted under another federal housing program and displaced from that program for reasons beyond their control or because they did not participate in a home ownership program o A family living in a HUD-owned project when HUD sells, forecloses or demolishes the project) Using Income Limits for Targeting [24 CFR 982.201] At least 75 percent of the families admitted to the PHA's program during a PHA fiscal year must be extremely low-income families. HUD may approve exceptions to this requirement if the PHA demonstrates that it has made all required efforts, but has been unable to attract an adequate number of qualified extremely low-income families. Families continuously assisted under the 1937 Housing Act and families living in eligible low- income housing that are displaced as a result of prepayment of a mortgage or voluntary termination of a mortgage insurance contract are not counted for income targeting purposes. 3 -II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance. All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA’s Limited English Proficiency Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English. Declaration [24 CFR 5.508] HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -13 In accordance with SMHA’s LEP Plan, a translated version of the declaration of eligible imm igration status, and other appropriate language assistance, will be provided to LEP applicants. U.S. Citizens and Nationals In general, citizens and nationals are required to submit only a signed declaration as verification of their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport. PHA Policy The PHA requires all applicant families to submit verification of their citizenship. All families will be notified of the requirement to submit evidence of their citizenship or legal residency status when they apply. If evidence cannot reasonably be provided by the family, the PHA may accept a signed declaration from all family members as verification of citizenship. Eligible Noncitizens In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with PHA efforts to verify their immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD-funded assistance. Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504]. 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 eligibl e noncitizen status. Ineligible Noncitizens Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The PHA is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS). 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. Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -14 citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family. Mixed Families A family is eligible for assistance as long as at least one member is a citizen, national, or eligible nonc itizen. Families that include eligible and ineligible individuals are considered mixed families . Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of informal hearing procedures. In accordance with SMHA’s LEP Plan, a translated version o f the notification of prorated assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households. Ineligible Families [24 CFR 5.514(d), (e), and (f)] A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the PHA in accordance with program requirements [24 CFR 5.512(a)]. PHA Policy The PHA will not provide assistance to a family before the verification of at least one family member is determined eligible. 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 of the determination. The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance (if program permits), and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal hearing with the PHA. The informal hearing with the PHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the informal hearing process. In accordance with SMHA’s LEP Plan, a translated ve rsion of the notice of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households. Informal hearing procedures are contained in Chapter 16. Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the PHA must verify status at the first interim or regular reexamination following the person’s occupancy, whichever comes first. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -15 If an individual qualifies for a time extension for the submission of required documents, the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)]. Each family member is required to submit evidence of eligible status only one time during continuous occupancy. PHA Policy The PHA will verify the ci tizenship status of applicants at the time other eligibility factors are determined. 3 -II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2012-10] The applicant and all members of the applicant’s household age 6 or older must disclose the co mplete and accurate social security number (SSN) assigned to each household member and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7. Note: These requirement s do not apply to noncitizens who do not contend eligible immigration status. In addition each participant who has not previously disclosed an SSN, must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification. Participants age 62 or older as of January 31, 2010, whose determination of eligibility was begun after January 31, 2010 are exempt from this requirement and remain exempt even if they move to a new assisted unit. The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure, documentation and verification, and certification requirements contained in 24 CFR 5.216. 3 -II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, HCV GB, p. 5-13] HUD requires each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD-9886, Authorization for the Release of Information/Privacy Act Notice, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The PHA must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)]. A translated notice of this consent form, and other appropriate language assistance, should be provided to LEP applicants. 3 -II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 and FR Notice 4/10/06] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -16 Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education. If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility must be examined along with the income eligibility of the student’s parents. In these cases, both the student and the student’s parents must be income eligible for the student to receive HCV assistance. If, however, a student in these circumstances is determined independent from his/her parents in accordance with PHA policy, the income of the student’s parents will not be considered in determining the student’s eligibility. The new law does not apply to students who reside with parents who are applying to receive HCV assistance. It is limited to students who are seeking assistance on their own, separate ly from their parents. Definitions In determining whether and how the new eligibility restrictions apply to a student, the PHA will re ly on the following definitions [FR 4/10/06, p. 18148 ]. Dependent Child In the context of the student eligibility restrictions , d ependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents. Independent Student PHA Policy The PHA will consider a student “independent” from his or her parents and the pa rents ’ income will not be considered when determining the student’s eligibility if the following four criteria are all met: 1. The individual is of legal contract age under state law. 2. The individual has established a household separate from his/her parents for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education’s definition of independent student . To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria: Be at least 24 years old by December 31 of the award year for which aid is sought Be an orphan or a ward of the court through the age of 18 DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -17 Be on active duty or a veteran of the U.S. Armed Forces Have one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) Be a graduate or professional student Be married 3. The individual was not claimed as a dependent by his/her parents pursuant to IRS regulations, as demonstrated on the parents ’ most recent tax forms or the student’s FAFSA . 4. The individual provides a certification of the amount of financial assistance that will be provided by his/her parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided. The PHA will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E. Institution of Higher Education The PHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to determine whether a student is attending an institution of higher education (see Exhibit 3-2). Parents PHA Policy For purposes of student eligibility restrictions, the definition of parents includes biological or adoptive parents, stepparents (as long as they are currently married to the biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc). Person with Disabilities The PHA will use the statutory definition under section 3(b) (3)(E) of the 1937 Act to determine whether a student is a person with disabilities (see Exhibit 3-1). Veteran PHA Policy A veteran is a person who served in the active United States military, naval, or air service and who was discharged or released from such service under conditions other than dishonorable. Included in this definition are reservists, who are armed forces personnel on part time duty, and persons who served on the National Guard. Determining Student Eligibility If a student is applying for assistance on his/her own, apart from his/her parents, the PHA must determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612. If the student is subject to those restrictions, the PHA must ensure that: (1) the s tudent is individually eligible for the program, (2) either the student is independent from his/her parents or the student’s parents are income eligible for the program, and (3) the “family” with which the student is applying is collectively eligible for the program. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -18 PHA Policy For any student who is subject to the 5.612 restrictions, the PHA will: Follow its usual policies in determining whether the student individually and the student’s “family” collectively are eligible for the program Determine whether the student is independent from his/her parents in accordance with the definition of independent student in this section Follow the policies below, if applicable, in determining whether the student’s parents are income eligible for the program If the PHA determines that the student, the student’s parents (if applicable), or the student’s “family” is not eligible, the PHA will send a notice of denial in accordance with the policies in Section 3-III.F, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-III.B. Determining Parental Income Eligibility PHA Policy For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this section, the PHA will determine the income eligibility of the student’s parents as follows: If the student’s parents are married and living together, the PHA will obtain a joint income declaration and certification of joint income from the parents. If the stude nt’s parent is widowed or single, the PHA will obtain an income declaration and certification of income from that parent. If the student’s parents are divorced or separated, the PHA will obtain an income declaration and certification of income from each parent. If the student has been living with one of his/her parents and has not had contact with or does not know where to contact his/her other parent, the PHA will require the student to submit a certification under penalty of perjury describing the circumstances and stating that the student does not receive financial assistance from the other parent. The PHA will then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact. In determining the income eligibility of the student’s parents, the PHA will use the income limits for the jurisdiction in which the parents live. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -19 PART III: DENIAL OF ASSISTANCE 3 -III.A. OVERVIEW A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied assistance. In this section we will discuss other situations and circumstances in which denial of assistance is mandatory for the PHA, and those in which denial of assistance is optional for the PHA. Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5 -35 ] Denial of assistance includes any of the following: Not placing the family's name on the waiting list De nying or withdrawing a voucher Not approving a request for tenancy or refusing to enter into a HAP contract Refusing to process a request for or to provide assistance under portability procedures Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)] HUD rules prohibit denial of program assistance to the program based on any of the following criteria: Age, disability, race, color, religion, sex, or national origin. (See Chapter 2 for additional information about fair housing and equal opportunity requirements.) Where a family lives prior to admission to the program Where the family will live with assistance under the program. Although eligibility is not affected by where the family will live, there may be restrictions on the family's ability to move outside the PHA's jurisdiction under portability (See Chapter 10.) Whether members of the family are unwed parents, recipients of public assistance, or c hildren born out of wedlock Whether the family includes children Whether a family decides to participate in a family self-sufficiency program Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking if the applicant is otherwise qualified for assistance (See section 3-III.G.) Gender identity, sexual orientation, or marital status [HUD Equal Access Rule, 77 Fed. Reg. 5662 (Feb. 3, 2012] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -20 3 -III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)] HUD requires the PHA to deny assistance in the following cases: Any member of the household has been evicted from federally assisted housing in the last 3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise-eligible family if the household member has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household). PHA Policy The PHA will admit an otherwise-eligible family who was evicted from federally- assisted housing within the past 3 years for drug-related criminal activity, if the PHA is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the PHA, or the person who committed the crime, is no longer living in the household. The PHA determines that any household member is currently engaged in the use of illegal drugs. PHA Policy Currently engaged in is defined as any use of illegal drugs during the previous twelve months. The PHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. PHA Policy In determining reasonable cause, the PHA will consider all credible evidence, including but not limited to, any record of convictions, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A conviction will be given more weight than an arrest. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members. Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing Any household member (14 years of age or older) i s subject to a lifetime registration requirement under a state sex offender registration program Medical Marijuana Based on federal law, new admissions of medical marijuana users are pr ohibited into the Public Housing and Housing Choice Voucher Programs. The Controlled Substances Act (CSA) lists marijuana as a Schedule I drug, a substance with a very high potential for abuse and no accepted medical use in the United States. The Quality Housing and Work Responsibility Act (QHWRA) of 1998 (42 U.S.C. §13661) requires that PHAs administering the HUD's rental assistance programs establish standards and lease provisions that prohibit DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -21 admission into the PH and HCV programs based on the illegal u se of controlled substances, including state legalized medical marijuana. PHA Policy New Admissions: The PHA will not admit any medical marijuana user into the program. Current Participants who were admitted to the program prior to February 1, 2011, who can demonstrate evidence that a valid medical marijuana card was issued to the participant, as allowed for under California state law, prior to March 14, 2012, shall not be subject to termination for using or possessing medical marijuana. Acceptable documentary evidence shall be a medical marijuana card with an issuance date showing it was issued prior to March 14, 2012. In the event a medical marijuana card does not have issuance date on the card, the participant must provide a copy of the medical marijuana card and additional written documentation that demonstrates the card was issued prior to March 14, 2012. Nothing in this section shall prohibit termination for violating any lease provision, which may include a prohibition of using or possessing marijuana. 3 -III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section. Criminal Activity [24 CFR 982.553] HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity. PHA Policy If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past five years, the family will be denied assistance. Drug-related criminal activity , defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, dist ribute or use the drug [24 CFR 5.100]. Violent criminal activity , defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100]. Criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or Criminal activity that may threaten the health or safety of property owners, management staff, and persons performing contract administration functions or other responsibilities on behalf of the PHA (including a PHA employee or a PHA contractor, subcontractor, or agent). Immediate vicinity means within the City of Santa Monica. Evidence of such criminal activity includes, but is not limited to: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -22 Any conviction for drug-related or violent criminal activity within the pas t 5 years. Any Records of arrests for drug-related or violent criminal activity within the past 5 years , although a record of arrest(s) will not be used as the basis for the denial or proof that the applicant engaged in disqualifying criminal activity. ma y be considered as reasons for denial of assistance only if they are a part of a pattern of similar arrests, or related to the manufacture or distribution of narcotics. The criminal records collected by the PHA provide a cumulative criminal history for an individual. If a criminal history report is indicative of a potential pattern of violent or predatory criminal activity, the PHA may consider criminal history records that are older than 5 years. Any record of eviction from public or privately owned housing as a result of criminal activity within the past 5 years. A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such activity. In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by -case basis, decide not to deny assistance. Previous Behavior in Assisted Housing [24 CFR 982.552(c)] HUD authorizes the PHA to deny assistance based on the family ’s previous behavior in assisted housing: PHA Policy The PHA will not deny assistance to an otherwise eligible family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program. The PHA will deny assistance to an applicant family if: The family does not provide information that the PHA or HUD determines is necessary in the administration of the program. The family does not provide complete and true information to the PHA. Any family member has been evicted from federally assisted housing in the last five years. Any PHA has ever terminated assistance under the program for any member of the family for a violation of a family obligation. Any family member has committed fraud, bribery, or any other corrupt or cr iminal act in connection with any federal housing program. The family owes rent or other amounts to any PHA in connection with Section 8 or other public housing assistance under the 1937 Act, unless the family repays the full amount of the debt prior to being selected from the waiting list. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -23 If the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list. The family has breached the terms of a repayment agreement entered into with the PHA, unless the family repays the full amount of the debt covered in the repayment agreement prior to being selected from the waiting list. A family member has engaged in or threatened violent or abusive behavior toward PHA personnel. Abusive or violent behavior towards PHA personnel or owner/agent includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence. In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by -case basis, decide not to deny assistance. 3 -III.D. SCREENING Screening for Eligibility PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult h ousehold member [24 CFR 5.903]. PHA Policy The PHA will perform a criminal background check for every incoming adult household member. Criminal background checks will only be performed: 1. At initial admission into the programs in Santa Monica or when porting into Santa Monica from another jurisdiction; AND/OR 2. When the Head of Household is requesting to add a member to their household who is 18 years of age or older. If the results of the criminal background check indicate that there may be past criminal activity in the last 5 years, but the results are inconclusive, the PHA Administrator or other designated staff person will request a n in-person meeting with the household member(s) whose records are in question. The PHA will notify the tenant/household member of his/her decision within 15 business days. PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -24 program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)]. PHA Policy The PHA will use the National Sex Offender database to screen applicants for admission. Additionally, PHAs must ask whether the applicant or any member of the app licant’s household who is 14 years of age or older , is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28]. If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR 5.903(f) and 5.905(d)]. Screening for Suitability as a Tenant [24 CFR 982.307] The PHA has no liability or responsibility to the owner for the family’s behavi or or suitability for tenancy. The PHA has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant. PHA Policy The PHA will not conduct additional screening to determine an applicant family’s suitability for tenancy. The owner is responsible for screening and selectio n of the family to occupy the owner’s unit. The PHA must inform the owner that screening and selection for tenancy is the responsibility of the owner. An owner may consider a family’s history with respect to factors such as: payment of rent and utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy. HUD requires the PHA to provide prospective owners with the family's current and prior address (as shown in PHA records) and the name and address (if known) of the owner at the family's current and prior addresses. HUD permits the PHA to provide owners with additional information, as long as families are notified that the information will be provided, and the same type of information is provided to all owners. The PHA may not disclose to the owner any confidential information provided to the PHA by the fami ly in response to a PHA request for documentation of domestic violence, sexual assault, dating violence, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(a)(4)]. PHA Policy The PHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -25 of the initial inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history or criminal history. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -26 3 -III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE Evidence [24 CFR 982.553(c)] PHA Policy The PHA will use the concept of the preponderance of the evidence as the standard for making all admission decisions. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. Consideration of Circumstances [24 CFR 982.552(c)(2)] HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandatory (see Section 3-III.B). PHA Policy The PHA will consider the following fact sors and circumstances prior to makin g its decision: The seriousness of the case, especially with respect to how it would affect other residents ’ safety or property . The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act . The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault, or stalking. The length of time since the violation occurred, including the age of the individual at the time on the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future. While a record of arrest(s) will not be used as the basis for denial, an arrest may, however, trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider: Any statements made by witnesses or the applicant not included in the police report Whether criminal charges were filed Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -27 Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully. The PHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully. In the case of debts owed to another PHA, SMHA will reconsider the family’s application for admission if the family either: 1) provides proof that the debt owed to the other PHA was paid in full prior to the date the family was selected for admission, or 2) provides proof that it has paid the debt in full within 15 days of the date the family was notified that its application would be denied due to the debt owed. Removal of a Family Member's Name from the Application Should the PHA’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration; the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28]. For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)]. PHA Policy As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit, stay as a guest, or reside in the assisted unit. After admission to the program, the family must present evidence of the former family member’s current address upon PHA request. Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] I f the family i ncludes a person with disabilities, the PHA’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. PHA Policy If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, the PHA will determine whether the behavior is related to the disability. If so, upon the family’s request, the PHA will determine whether admitting the family as a reasonable accommodation is appropriate. The PHA will only DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -28 consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation. 3 -III.F. NOTICE OF ELIGIBILITY OR DENIAL If the family is eligible for assistance, the PHA will notify the family in writing and schedule a tenant briefing, as discussed in Chapter 5. Any notification of the family’s eligibility for assistance will be translated in accordance with S MHA’s LEP Plan. If the PHA determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe : (1) the reasons for which assistance has been denied, (2) the family’s right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures. PHA Policy The family will be notified of a decision to deny assistance in writing within 15 business days of the determination. 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. If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)]. PHA Policy If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible; the PHA will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record. The family will be given 10 business days to dispute the accuracy and relevance of the information. If the family does not contact the PHA to dispute the information within that 10 -day period, the PHA will proceed with issuing the notice of denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal review process. Notice requirements related to denying assistance to noncitizens are contained in Section 3-II.B. Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault, or stalking are contained in Section 3-III.G. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -29 3 -III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING The Violence Against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to programs “on the basis that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant otherwise qualifies for assistance or admission.” Definitions of key terms used in VAWA are provided in section 16-IX of this plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located. Notification VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide applicants who are denied assistance with a notice of rights and the form HUD-50066 at the time the applicant is denied PHA Policy The PHA acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking may have an unfavorable history (e.g., a poor credit history, a record of previous damage to an apartment, a prior arrest record) that would warrant denial under the PHA’s policies. Therefore, if the PHA makes a determination to deny assistance to an applicant family, the PHA will include in its notice of denial the VAWA information described in section 16-IX.C of this plan as well as including a copy of the form HUD-50066. The PHA wi ll request in writing that an applicant wishing to claim protection under VAWA notify the PHA within 10 business days. 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 Victim Documentation PHA Policy If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault or stalking, the PHA will request in writing that the applicant provide documentation supporting the claim in accordance with section 16-IX.D of this plan. 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. Perpetrator Documentation PHA Policy If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -30 A signed statement (1) requesting that the perpetrator be removed from the application and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit. Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation. EXHIBIT 3 -1 : DETAILED DEFINITIONS RELATED TO DISABILITIES Person with Disabilities [24 CFR 5.403] The term person with disabilities me ans a person who has any of the following types of conditions: Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads: I nability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or In the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. Has a developmental disability as defined in the Developmental Disabilities Assistance and B ill of Rights Act of 2000 [42 U.S.C.15002 (8)], which defines developmental disability in functional terms as follows : (A) In General The term “developmental disability” means a severe, chronic disability of an individual that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely; (iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) Self-care, (II) Receptive and expressive language, (III) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for independent living, (VII) Economic self-sufficiency; and DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -31 (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (B) Infants and Young Children An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. Has a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration; substantially impedes his or her ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS are not excluded from this definition. A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program. For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps. Individual with Handicaps [24 CFR 8.3] Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. As used in this definition, the phrase: (1) Physical or mental impairment includes: (a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -32 (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (4) Is regarded as having an impairment means: (a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation; (b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (c) Ha s none of the impairments defined in paragraph (1 ) of this section but is treated by a recipient as having such an impairment. EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002] Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] Institution of Higher Education shall have the meaning given this term in the Higher Education Act of 1965 in 20 U.S.C. 1001 and 1002. Def inition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1001 (a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ means an educational institution in any State that (1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legally authorized within such State to provide a program of education beyond secondary education; (3) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree; (4) Is a public or other nonprofit institution; and (5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of pre accreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ also includes — DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -33 (1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered. Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1002 (a) Definition of institution of higher education for purposes of student assistance programs (1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this subsection, the term ‘‘institution of higher education’’ for purposes of subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the institutions covered by the definition in section 1001 of this title — (A) A proprietary institution of higher education (as defined in subsection (b) of this section); (B) A postsecondary vocational institution (as defined in subsection (c) of this section); and (C) Only for the purposes of part B of subchapter IV of this chapter, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part B of subchapter IV of this chapter. (2) Institutions outside the United States (A) In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001 (a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of subchapter IV of this chapter unless — (i) In the case of a graduate medical school located outside the United States — (I)(aa) At least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; and DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -34 (bb) At least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; or (II) The institution has a clinical training program that was approved by a State as of January 1, 1992; or (ii) In the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States. (B) Advisory panel (i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall — (I) Evaluate the standards of accreditation applied to applicant foreign medical schools; and (II) Determine the comparability of those standards to standards for accreditation applied to United States medical schools. (ii) Special rule if the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title. (C) Failure to release information. The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of subchapter IV of this chapter. (D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred. (3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution — (A) Offers more than 50 percent of such institution’s courses by correspondence, unle ss the institution is an institution that meets the definition in section 2471 (4)(C) of this title; (B) Enrolls 50 percent or more of the institution’s students in correspondence courses, unless the institution is an institution that meets the definition in such section, except DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -35 that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2 -or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively; (C) Has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2-or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, res pectively; or (D) Has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2-or 4- year program of instruction (or both) for which the institution awa rds a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent. (4) Limitations based on management. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if — (A) The institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or (B ) The institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, or has been judicially determined to have committed fraud involving funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42. (5) Certification. The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part G of subchapter IV of this chapter. (6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this chapter. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 3 -36 (b) Proprietary institution of higher education (1) Principal criteria. For the purpose of this section, the term ‘‘proprietary institution of higher education’’ means a school that— (A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this title; (C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this title; (D) Is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part G of subchapter IV of this chapter; (E) Has been in existence for at least 2 years; and (F) Has at least 10 percent o f the school’s revenues from sources that are not derived from funds provided under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, as determined in accordance with regulations prescribed by the Secretary. (2) Additiona l institutions. The term ‘‘proprietary institution of higher education’’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. (c) Postsecondary vocational institution. (1) Principal criteria. For the purpose of this section, the term ‘‘postsecondary vocational institution’’ means a school that— (A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a) of this title; and (C) Has been in existence for at least 2 years. (2) Additional institutions. The term ‘‘postsecondary vocational institution’’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -1 Chapter 4 APPLICATIONS , WAITING LIST AND TENANT SELECTION INTRODUCTION When a family wishes to receive assistance under the HCV program , the family must submit an application that provides the PHA with the information needed to determine the family ’s eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list. When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the a dministrative plan and the annual p lan. The PHA is required to adopt clear policies and procedures to accepting applications, placing families on the waiting list, and selecting families from the waiting list and must follow these policies and procedures consistently. The actual order in which families are select ed from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of families for incom e targeting and the selection of families that qualify for targeted funding. HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this c hapter ensures that the PHA will be in compliance with all relevant fair housing requirements , as described in Chapter 2. This chapter desc ribes HUD and PHA policies for taking applications, managing the waiting list and selecting families for HCV assistance . The policies outlined in this chapter are organized into three sections, as follows: Part I: The Application Process . This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives. Part II: Managing the Waiting List . This p art presents the policies that gov ern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current. Part III: Selection for HCV Assistance . This p art describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in -person interviews will be used to ensure that the PHA has the information needed to make a final eligibility determination. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -2 PART I: THE APPLICATION PROCESS 4-I.A. OVERVIEW This p art describes the PHA policies for making applications available, accepting applications making preliminary determinations of eligibility , and the placement of applicants on the waiting list. This p art also describes the PHA’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities , and people with limited English proficiency (LEP). 4-I.B . APPLYING FOR ASSISTANCE [HCV GB, pp. 4 -11 – 4-16, Notice PIH 2009-36] Any family that wishes to receive housing assistance must app ly for admission to the program. HUD permits the PHA to determine the format and content of HCV applications, as well how such applications will be made av ailable to interested families and how applications will be accepted by the PHA . The PHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the PHA’s application. PHA Policy Applications must be completed in the method described in the instructions on the PHA’s website in order to be accepted by the PHA for processing. All required information must be filled out before the system will accept the application. Depending upon the length of time th at applicants may need to wait to receive assistance, the PHA may use a one - or two -step application process. A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the application. At application, the family must provide all of the information necessary to establish eligibility and level of assistance. A two -step process will be used when it is expected that a family will not be selected from the waiting list for at leas t 60 days from the date of application. Under the two-step application process, the PHA initially will require families to provide only the information needed to make an initial assessment of the family’s eligibility and to determine the family’s placement on the waiting lis t. This information will be obtained from the family via a preliminary application on -line when applications are being accepted. As a reasonable accommodation, families may also apply by telephone. At the time of selection from the waiting list , the fa mily will be required to provide all of the information necessary to establish family eligibility and level of assistance. The information will be obtained from the family via a full application form. 4-I.C. Accessibility of the Application Process “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 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 DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -3 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 . Limited English Proficiency PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Throughout the application, wa iting 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 waiting list openings/closures and admissions preferences in non-English ethnic media. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP). 4-I.D. PLACEMENT ON THE WAITING LIST The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a waiting list of applicants. No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)]. Ineli gible for Placement on the Waiting List PHA Policy If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the PHA will send written notification of the ineligibility determination . The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16). Eligible for Placement o n the Waiting List PHA Policy Waitlist applicant will receive instant confirmation of receipt of application when all required information is completed. A final determination of eligibility will be made when the family is selected from the wait list. Once the application has been accepted, a receipt will be displayed with instructions on how to use Assistance Check to check the wait list status and update household information. When the application period is over, the PHA will conduct a lottery and select 500 applications. Those 500 applicants will then be placed on the wait list according to any DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -4 preference(s) for which they qualify, and the date and time their complete application is received by the PHA. The status of the applications will be available 10 business days after the close of the application intake period online only, via the Assistance Check website. Reasonable accommodation requests regarding computer access can be made to the PHA. Applicants that are not selected via the random lottery process are not entitled to an informal review. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -5 PART II: MANAGING THE WAITING LIST 4-II.A. OVERVIEW The PHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families . This includes opening the list to new ap plicants, closing the list to new applicants , notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants. In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing pr ogram. 4-II.B . ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The PHA’s waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions p olicies described in this plan. The waiting list must contain the following information for each applicant listed: • Applicant name; • Family unit size; • Date and time of application; • Qualification for any local preference; • Racial or ethnic designation of the h ead of household. HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served . PHA Policy The PHA will combine the project -based voucher (PBV ) waiting list with the HC V waiting list. HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project -based voucher or moderate rehabilitation program the PHA operates if 1 ) the other program s’ waiting list s are open, and 2) the family is qualified for the other programs. HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs. A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences f or which the family may qualify . PHA Policy The PHA has a wait list which it operat es for the HCV and PBV programs, and individual wait lists for inclusionary housing (Affordable Housing Production Program), DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -6 Continuum of Care, and HOME program s. The wait list for AHPP is always open for applications. 4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available assi stance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. PHA Policy The PHA will close the waiting list when it has an adequate pool of famili es to use the available assistance. Where the PHA has particular preferences or funding criteria that require a specific category of family, such as homeless or project -based voucher (PBV), the PHA may elect to continue to accept applications from these ap plicants while closing the waiting list to others. Reopening the Waiting List If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media o utlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received . PHA Policy The PHA will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. The PHA will give public notice by publishing the relevant information in suitable media outle ts including, but not limited to: • P lacing a notice in the local newspaper, • Posting a notice in plai n view in the City Hall lobby, with a translated version(s) in accordance with the SMHA’s LEP Plan • Placing a notice in the Spanish language newspaper, as well as newspapers that serve other language communities in accordance with the SMHA LEP Plan • Posting a notice in community centers, including those that serve largely non- English speaking populations • A rranging http://www.smgov.net/ and cable TV pu blic serv ice 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 • S ending a mailing to local Legal Aid Office, community organizations and civic groups. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -7 4-II.D . FAMILY OUTREACH [HCV GB, pp. 4 -2 to 4-4] The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the resources it has been allotted. Because HUD requires the P HA to admit a specified percentage of extremely low income families to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4- 21]. PH A outreach efforts must comply with fair housing requirements. This includes: • Analyzing the housing market area and the populations currently being served to id entify underserved populations • Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program • Avoiding outreach efforts that prefer or exclude people who a re members of a protected class 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: • Submitting press releases to local newspapers, including minority and non-English newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low income population • Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities, as well as immigrant populations PHA Policy The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved. 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES 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 the Assistance Check website. The family will not be permitted to report c hanges in household size or composition (add new household members not included on the family’s pre-application) after the family has received notification of being selected from the waiting list, except: DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -8 The family may add children who joined the family as a result of birth, adoption, or court- awarded custody . T he family may ad d other household members due to marriage or domestic partnership (spouse, domestic partners, co-head). 4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204] HUD requires the PHA to establish policies to use when removing applicant names from the waiting list. Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and the PHA determines that the family did not respond because of the family member’s disability, the PHA must reinstate the applicant family to their form er position on the waiting list [24 CFR 982.204(c)(2)]. PHA Policy The PHA reserves the right to purge the waiting list annually by removing (deleting) all applications that were not selected during the 12 -month period that began on the date the waiting list was closed. To update the waiting list, the PHA will re -open the waiting list based on need or on a schedule to be determined and published on the PHA’s website. The PHA may stop accepting applications if it is determined that the existing waiting list contains an adequate pool of applicants to utilize the program funding that is available during the 12- month period following the closing of the waiting list. Applicants will be notified at time of application that their application to the waiting list is valid for a minimum of 12 months and that if not selected during that time period they may need to re -apply when the waiting list is re -opened. Removal from the Waiting List PHA Policy If at any time an applicant family is on the waiting list, the PHA determines that the family i s not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. If a family is removed from the waiting list because the PHA has determined the family is not eligible for assistance , a notice will be sent to the family’s ad dress of record as well as to any alternate address provided on the initial application . The notice will state the reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding th e PHA’s decisi on (see Chapter 16) [24 CFR 982.201(f)]. In accordance with SMHA’s LEP Plan, a translated version of the notice of removal from the waiting list, and other appropriate language assistance, will be provided to known LEP applicants. PHA will remove names of applicants: • That do not respond to a written request for information or updates; or DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -9 • If correspondence to the applicant if returned by the Postal Service for any reason. • The PHA may remove the names of applicants that have become a participant in any of the PHA’s programs. In these instances the PHA is not required to make any further effort to contact the applicant. An informal review is not required to be offered. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -10 PART I II : SELECTION FOR HCV ASSISTANCE 4-III.A. OVERVIEW As vouchers become available, famil ies on the waiting list must be selected for assistance in accordance with the p olicies described in this p art. The order in which families are selected from the waiting list depends on the selection method chosen by the PHA and is impacted in part by any selection preferences for which the family qualifies . T he availability of targeted funding may affect the order in which families are selected from the waiting list . The PHA must maintain a clear record of all information required to verify that the famil y is selected from the waiting list according to the PHA’s selection policies [24 CFR 982.204(b) and 982.207(e)]. 4-III.B . SELECTION AND HCV FUNDING SOURCES Special Admissions (non -waiting list) [24 CFR 982.203] HUD may award funding for specifically-name d families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non-purchasing family residing in a HOPE 1 or 2 projects ; or a family potentially displaced because of mortgage prepayment; or HUD 811, 202, or 236 where an existing project is to convert to market). In these cases, the PHA may admit such f amilies whether or not they are on the waiting list, and, if they are on the waiting list, without considering the family’s position on the waiting list. The se families are considered non-waiting list selections. The PHA must maintain records showing that such families were admitted with special program funding. Targeted Funding [24 CFR 982.204(e)] HUD may award a PHA funding for a specified category of famil ies on the waiting list. T he PHA must use this funding only to assist the families within the specified c ategory . In order to assist families within a targeted funding category, the PHA may skip families that do not qualify within the targeted funding cate gory. W ithin this category of families , the order in which such families are assisted is determined according to the polic ies provided in Section 4-III.C. PHA Policy The PHA administers the following types of targeted funding: Continuum of Care and HOME Pr ograms S eparate waiting list s will be maintained for Special Needs Housing Programs. The Continuum of Care Program and HOME Program will have separate waiting lists . Applicants for these programs must meet additional, specific, eligibility requirements. F or most targeted programs, applicants are referred by agencies that provide services to the targeted population. Referrals/applications will be placed on the waiting list with the date and time of receipt noted. When a family cannot establish basic progr am eligibility at the time of the application, the provider agency is prohibited from making a referral and/or the PHA will refuse to accept the referral. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -11 When a special voucher becomes available , a family will be selected from the list. After the family is determined eligible to receive a voucher, the family will be admitted to participate in the program in accordance with HUD regulations and other requirements, and with policies stated in the PHA Plan. The PHA’s Targeted Funding Programs waiting list is o pen and will accept referrals/applications until further notice. (Please refer to Chapter 1 9 for additional details on the Continuum of Care program ) Applicants for the AHPP will be permitted to apply at any time. Income targets for the available apartmen ts are higher than any other programs. Applicants who are over income for COC, HOME, and Section 9 will be referred to the AHPP wait list. Regular HCV Funding Regular HCV funding may be used to assist any eligible family on the waiting list. Families are selected from the waiting list according to the policies provided in Section 4-III.C . 4-III.C. SELECTION METHOD PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the PH A will use [24 CFR 982.202(d)]. Local Preference s [24 CFR 982.207; HCV p. 4-16] PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on ce rtain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any local preferences established m ust be consistent with the PHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. PHA Policy Tier 1: o Displaced Preference: Involuntarily displaced applicants are applicants who have or will (within twelve months from the date of verification) be required to vac ate housing in the City of Santa Monica as a result of: A disaster (fire, flood, earthquake, civil disturbance, etc.) that occurred through no fault of the applicant, or Displacement from another federal housing program and displaced from that program for reasons beyond their control or because they did not participate in a home ownership program Domestic Violence. Applications from victims of domestic violence/familial abuse, sexual assault or stalking, who have been displaced in the City of Santa Monica as a result of the victimization. Supporting documentation shall be in accordance with the guidelines in Chapter 16 Section XI. D of this Plan. Federal, state or local government action related to code enforcement, public improvement or development, or DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -12 An eviction pursuant to the Ellis Act or Civil Code section 798.56(g) of the Mobile Home Residency Law. Owner/relative occupancy evictions from rent controlled units under Section 1806(a)(8) of the Santa Monica Rent Control Amendment and under Santa Monica C ity Charter, Article XVIII, Section 2304(c)(8). In order to receive the preference as Displaced, applicants who have been displaced in the previous 12 month period must not be living in “standard, permanent replacement housing”. Standard replacement housing is defined as housing that is decent, safe and sanitary (according to HUD HQS), that is adequate for the family size (according to HUD HQS) and that the family is occupying pursuant to a lease or occupancy agreement. Minor HQS violations that are few in a number do not disqualify replacement housing. Standard replacement housing does not include transient facilities, hotels, motels, or temporary shelters. Households who receive a displaced preference, who have had an actual loss of their unit, will be given highest preference. For example, households who have been physically displaced from their unit as the result of a non-tenant cause d fire or flood will be given the highest preference. o Termination Resulting From Funding Shortfalls: Families that have b een terminated from the PHA’s HCV program due to insufficient program funding and are at greatest risk of homelessness. o The PHA may prioritize a limited number of vouchers for Continuum of Care program participants who are stable and no longer require serv ice participation to prevent them from recycling into homeless. This will allow the community to serve more homeless families and better utilize services for those most in need. No more than 10% vouchers will be utilized annually if available. The wait list for tier 1 applicants shall remain open at all times. Tier 2: Live/Work Preference: o Live Preference: Applicants who are residen ts of the City of Santa Monica. Chronically Homeless applicants on the service registry who became homeless in Santa Monica. o W ork Preference: Applicants who are not residents of the City of Santa Monica who are wo rking a minimum of 36 hours per week (or hired to work a minimum of 36 hours per week) in the City of Santa Monica DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -13 (Applicants who work for a temporary agency located ou tside of the City of Santa Monica who do not live in Santa Monica do not qualify for preference if they are on a temporary assignment). Applicants who are in approved job training in Santa Monica. Persons who were immediately previously in the Santa Monic a workforce but are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from Santa Monica. Tier 3: o Families who do not live or work in the City of Santa Monica Order of Selectio n Within Tiers: • Note: Homeless veterans will be referred to the Veterans Administration’s VASH program without losing their placement on the HCV waiting list. • Veterans Preference: “Veteran” means a person who served in the active United States military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable are in the first tier of each rank. A complete definition of veteran is located at 38 U.S.C. 101. • Working/Elderly/Disabled Families /Minor(s) Enro lled in Santa Monica Schools o Applicant (head, spouse, or co-head) is employed at least 3 6 hours per week (place of employment does not have to be in the City of Santa Monica). o A family where the head, spouse, or co-head is a person age 62 or older, or is a person with disabilities, will also be equal to a working applicant. o Adults with custody of minor children who are enrolled in Santa Monica schools. • Non -Subsidized Households and Rent Burdened Households o A “non-subsidized household” means a family who is not currently living in an “affordable housing” unit or receiving rental subsidy assistance . o A Rent Burdened Household is one that pays more than 50% of their gross annual income towards rent. • Family o Families who do not fit the above-referenced categories. • Single o Single applicants (1 person households) who do not fit the above- referenced categories. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -14 Order of Selection The PHA system of preferences may select families based on local preferences according to the date and time of application, or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)]. PHA Policy • Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance wi th the PHA’s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first -come, first -served basis according to the date and time their complete application is received by the PHA. Docum entation will be maintained by the PHA as to whether families on the list qualify for and are interested in targeted funding. If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the PHA does not have to ask higher placed families each time targeted selections are made. • Preference Denial: If the PHA denies an applicant’s preference claim, the PHA shall return the applicant to the waiting list and will notify the a pplicant in writing of the reasons for the denial. If the applicant fraudulently claimed the preference (i.e., by falsifying documents), the application is denied and removed from the waiting list. The notice shall advise the applicant of their right to contest denial of preference (informal review). Income Targeting Requirement [24 CFR 982.201(b)(2)] HUD requires that extremely low -income (ELI) families make up at least 75% of the families admitted to the HCV program during the PHA’s fiscal year . ELI fam ilies are those with annual incomes at or below 30% of the area median income. To ensure this requirement is met, a PHA may skip non-ELI families on the waiting list in order to select an ELI family. Low income families admitted to the program that are “c ontinuously assisted” under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate -income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low -income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)]. PHA Policy The PHA will monitor progress in meeting the income targeting requirement throughout the fiscal year. Extremely low -income families will b e selected ahead of other eligible families on an as -needed basis to ensure the income targeting requirement is met. Moderate income applicants will be selected from the separate inclusionary housing waitlist that is continually open based on date and time of their application. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -15 4-III.D . NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family [24 CFR 982.554(a)]. PHA Policy The PHA will notify the family by email when it is selected from the waiting l ist. The notice, instructions and application packet will inform the family of the following: Family must complete the application form and provide required documentation by the date specified in the notice, or the family will be removed from the waiting list. The PHA will notify the family by e mail when the preliminary review is completed. The notice will inform the family of the following: Date, time, and location of the scheduled application interview, including any procedures for rescheduling the int erview If the notification email is returned to the PHA after two attempts are returned as undeliverable at that specific address, the family will be removed from the wait list. A notice of denial (see Chapter 3) will be sent to the family’s address of record, as w ell as to any known alternate address. In instances where the household certifies that email is not an option, the PHA will mail notifications to the household. If a notification is returned as undeliverable at that address, the family will be re moved from the wait list. 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 additi onal language assistance. 4-I II.E. THE APPLICATION INTERVIEW HUD recommends that the PHA obtain the information and documentation needed to make an eligibility determination though a face -to -face interview with a PHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if the PHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the PHA [Notice PIH 2012-10, Final Streamlining Rule; See Chapter 7 for PHA’s Verification Policies ] Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. PHA Policy Families selected from the waiting list are required to participate in an eligibility interview. All adult family members are required to attend the interview together. Other family members may be required to attend the interview if it is necessary to make an eligibility determination. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -16 The adult family members must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If any adult family member does not provide the required documentation at the time of the interview, they will be required to provide it within 10 business days. Pending disclosure and documentation of social security n umbers, the PHA will allow the family to retain its place on the waiting list for three months. If not all household members have disclosed their SSNs at the next time the PHA is issuing vouchers, the PHA will issue a voucher to the next eligible applicant family on the waiting list. The family must provide the information necessary to establish the family’s eligibility and determine the appropriate level of assistance, as well as completing required forms, providing required signatures, and submitting req uired documentation. If any materials are missing, the PHA will provide the family with a written list of items that must be submitted. Any required documents or information that the family is unable to provide at the inte rview must be provided within five business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the family is unable to obtain the information or materials within the required t ime frame, an extension may be granted depending upon the circumstances. If the required documents and information are not provided within the required time frame (plus any extensions), the family will be sent a notice of denial (See Chapter 3). Per the PH A’s LEP Policy (see Chapter 2, Part III LEP for more information), a n advocate, interpreter, or other assistant may assist the family with the application and the interview process. No minor children will be permitted to act as an interpreter for these int erviews. Interviews will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide interpretation services free of charge in accordance with the PHA’s LEP plan. During the interview process, SMHA will also provide trans lated copies of any documents considered to be “vital documents” in accordance with the SMHA LEP Plan. If the family is unable to attend a scheduled interview, the family should contact the PHA in advance of the interview to re schedule a new appointment. Applicants who fail to attend t he scheduled interview without PHA approval will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A n otice of denial will be issued in accordance with policies contained in Chapter 3. 4-I II.F . COMPLETING THE APPLICATION PROCESS The PHA must verify all information provided by the family (see Chapter 7 ). Based on verified information, t he PHA must make a final determination of eligibility (see Chapter 3 ) and must confirm t hat the family qualified for any special admission, targeted funding, or selection preference that affected the order in which the family was selected from the waiting list. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -17 PHA Policy If the PHA determines that the family is ineligible, the PHA will send written notification of the ineligibility determination within 10 business days of the determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review (Chapter 16 ). If a family fai ls to qualify for any criteria that affected the order in which it was selected from the waiting list (e.g. targeted funding, extremely low -income), the family will be returned to the waiting list . The PHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it. In accordance with SMHA’s LEP Plan, a translated version of the notice of ineligibility, and/or notification of the availability of other appropriate language assistance regarding the noti ce, will be provided to LEP applicants. If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family to attend a briefing in accordance with the policies in Chapter 5. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -18 EXHIBIT 4-1: SMHA’S WAITING LIST & HIERARCH Y OF PREFERENCES TIER PREFERENCE POINT VALUE One Displaced Resident of City of Santa Monica : • An involuntarily displaced family who has or will be required to vacate housing in the City of Santa Monica 300 One Termination Resulting from Funding Shortf alls: • An eligible family that was previously terminated from SMHA’s HCV program due to insufficient program funding 300 One Continuum of Care Graduate: • “Continuum of Care Graduate” means a SMHA CoC family who is stable and no longer requires case manage ment or services. No more than 10% of available vouchers will be utilized annually 200 Two Resident of City of Santa Monica: • A family whose permanent residence is in the City of Santa Monica • A chronically homeless family who is on the City of Santa Moni ca Service Registry and became homeless in Santa Monica • A family who is not a resident of the City of Santa Monica, but is working a minimum of 36 hours per week (or hired to work a minimum of 36 hours per week) in the City of Santa Monica • A family who is enrolled in an approved job training program in the City of Santa Monica • A family who previously worked in the City of Santa Monica but is now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits or retire ment benefits 100 Three All other families (families who do not live or work in the City of Santa Monica) 0 DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 4 -19 ORDER OF SELECTION WITHIN TIERS POINT VALUE Veterans: • Veteran means a person who served in the active military, naval, or air service, and who was discharged or released there from under conditions other than dishonorable. The surviving spouse of a veteran as defined in U.S.C. 101 is also eligible. 40 Families with Criteria – Working/Elderly/Disabled/Minor(s) Enrolled in Santa Monica School s • Applicant (head, spouse, or co -head) is employed at least 3 6 hours per week (place of employment does not have to be in the City of Santa Monica). • A family where the head, spouse, or co -head is a person age 62 or older, or is a person with disabilities, will also be equal to a working applicant. • Adults with custody of minor children who are enrolled in Santa Monica schools. 20 Non -Subsidized Households and Rent Burdened Households • A “non -subsidized household” means a family who is not currently living in an “affordable housing” unit or receiving rental subsidy assistance. • A Rent Burdened Household is one that pays more than 5 0% of their gross annual income towards their rent 10 Family: • Families who do not fit the above -referenced categories. 5 Singl e: • Single applicants (1 person households) who do not fit the above - referenced categories. 0 Date and Time of Application: • Within each targeted funding or preference category, families will be selected on a first -come, first -served basis according to the date and time their complete application is received by the PHA. N/A DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -1 Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE INTRODUCTION This c hapter explains the briefing and voucher issuance process. When a family is determined to be eligible for the Housing Choice Voucher (HCV) program, the PHA must ensure that the family fully understands the way the program operates and the family’s obligations under the program. This is accomplished through both an oral briefing and provision of a briefing packet containing of the HUD -required documents and other information the family needs to know in order to lease a unit under the program. Once the family is fully informed of the program’s requirements, the PHA issues the family a voucher. The voucher includes the unit size for which the family qualifies based on the PHA’s subsidy standards, as we ll as the issue and expiration date of the voucher. The voucher is the document that authorizes the family to begin its search for a unit, and limits the amount of time the family has to successfully locate an acceptable unit. This chapter describes HUD r egulations and PHA policies related to these topics in two parts: Part I: Briefings and Family Obligations . This part details the program’s requirements for briefing families orally, and for providing written materials describing the program and its requirements. It includes a particular focus on the family’s obligations under the program. Part II: Subsidy Standards and Voucher Issuance . This part discusses the PHA’s standards for determining how many bedrooms a family of a given composition qualifies for , which in turn affects the amount of subsidy the family can receive. It also discusses the policies that dictate how vouchers are issued, and how long families have to locate a unit. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -2 PART I: BRIEFINGS AND FAMILY OBLIGATIONS 5-I.A. OVERVIEW HUD regulations require the PHA to conduct mandatory briefings for applicant families who qualify for a voucher. The briefing provides a broad description of owner and family responsibilities, explains the PHA’s procedures, and includes instructions on how to lease a unit. This p art describes how oral briefings will be conducted, specifies what written information will be provided to families, and lists the family’s obligations under the program. 5-I.B. BRIEFING [24 CFR 982.301] The PHA must give the family an oral briefi ng and provide the family with a briefing packet containing written information about the program. Families may be briefed individually or in groups. At the briefing, the PHA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2. PHA Policy Briefings will be conducted in group meetings when possible. The head of household is required to attend the briefing. Families that attend group briefings and still need individual assistance will be referred to an appropriate PHA staff person. Briefings will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide interpretation services free of charge in accordance with the PHA’s LEP plan (See Chapter 2). 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. Notification and Attendance PHA Policy Families will be notified of their eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing. If the notice is returned by the post office with no forwarding address, the applicant will be denied and their name will not be placed back on the waiting list If the family is unable to attend the scheduled briefing, the family should contact the PHA in advance, minimum 24 hours, of the briefing to reschedule a new appointment. If a family does not attend the scheduled briefing, the applicant will be denied and their name will not be placed back on the waiting list. Oral Briefing [24 CFR 982.301(a)] Each briefing must provide information on the following subjects: DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -3 • How the Housing Choice Voucher program works; • Family and owner responsibilities; • Where the family c an lease a unit, including renting a unit inside or outside the PHA’s jurisdiction; • An explanation of how portability works. The PHA may not discourage the family from choosing to live anywhere in the PHA jurisdiction or outside the PHA jurisdiction under portability, unless otherwise expressly authorized by statute, regulation, PIH Notice, or court order; • The PHA must inform the family of how portability may affect the family’s assistance through screening, subsidy standards, payment standards, and any oth er elements of the portability process which may affect the family’s assistance; • The advantages of areas that do not have a high concentration of low-income families ; and • For families receiving welfare -to -work vouchers, a description of any local obligations of a welfare -to -work family and an explanation that failure to meet the obligations is grounds for denial of admission or termination of assistance. Briefing Packet [24 CFR 982.301(b)] Documents and information provided in the briefing packet must include the following: • The term of the voucher, voucher suspensions, and the PHA’s policies on any extensions of the term. If the PHA allows extensions, the packet must explain how the family can request an extension. • A description of the method used to calcul ate the housing assistance payment for a family, including how the PHA determines the payment standard for a family, how the PHA determines total tenant payment for a family, and information on the payment standard and utility allowance schedule. • An explanation of how the PHA determines the maximum allowable rent for an assisted unit. • Where the family may lease a unit and an explanation of how portability works, including information on how portability may affect the family’s assistance through screening, subsidy standards, payment standards, and any other elements of the portability process that may affect the family’s assistance; • The HUD -required tenancy addendum, which must be included in the lease. • The form the family must use to request approval of tenancy , and a description of the procedure for requesting approval for a tenancy. • A statement of the PHA policy on providing information about families to prospective owners. • The PHA subsidy standards including when and how exceptions are made. • Materials (e .g., brochures) on how to select a unit and any additional information on selecting a unit that HUD provides. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -4 • The HUD pamphlet on lead -based paint entitled Protect Your Family from Lead in Your Home . • Information on federal, state and local equal opportunity laws and a copy of the housing discrimination complaint form. • A list of landlords known to the PHA who may be willing to lease a unit to the family or other resources (e.g., newspapers, organizations, online search tools) known to the PHA that may assis t the family in locating a unit. PHAs must ensure that the list of landlords or other resources covers areas outside of poverty or minority concentration. • Notice that if the family includes a person with disabilities, the family may request a list of avail able accessible units known to the PHA. • The family obligations under the program, including any obligations of a welfare-to -work family. • The grounds on which the PHA may terminate assistance for a participant family because of family action or failure to act. • PHA informal hearing procedures including when the PHA is required to offer a participant family the opportunity for an informal hearing, and how to request the hearing. If the PHA is located in a metropolitan area, the following additional informati on must be included in the briefing packet in order to receive full points under SEMAP Indicator 7, Expanding Housing Opportunities [24 CFR 985.3(g)]. • Maps showing areas with housing opportunities outside areas of poverty or minority concentration, both wi thin its jurisdiction and its neighboring jurisdiction. • Information about the characteristics of these areas including job opportunities, schools, transportation and other services. • An explanation of how portability works, including a list of portability contact persons for neighboring PHAs including names, addresses, and telephone numbers. Additional Items to be Included in the Briefing Packet In addition to items required by the regulations, PHAs may wish to include supplemental materials to help explain the program to both participants and owners [HCV GB p. 8-7]. PHA Policy The PHA will provide the following additional materials in the briefing packet: The HUD pamphlet on lead -based paint entitled Protect Your Family from Lead in Your Home Information on how to fill out and file a housing discrimination complaint form The publication Things You Should Know (HUD-1140-OIG) that explains the types of actions a family must avoid and the penalties for program abuse Information about the protections afforded b y the Violence Against Women Act of 2013 (VAWA) to victims of domestic violence, dating violence, sexual assault, and stalking (see section 16-IX.C) DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -5 “Is Fraud Worth It ?” (form HUD -1141-OIG), which explains the types of actions a family must avoid and the penalties for program abuse “What You Should Know about EIV,” a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2010-19 P roof of effort search record. Packet f or owners with an HQS checklist. Eligibi lity requirements for medical expense deduction. Family Self -Sufficiency Program information. Information regarding risks associated with lead -based paint. Reminder to family that it is mandatory that the household report any changes in Household Income (f or all household members 18 and older) in writing within 10 business days. This reminder shall detail information about income discrepancies and the Income Verification system used by the PHA. 5-I.C. FAMILY OBLIGATIONS Oblig ations of the family are descri bed in the housing choice voucher (HCV) regulations and on the voucher itself. These obligations include responsibilities the family is required to fulfill, as well as prohibited actions. The PHA must inform families of these obligations during the oral briefing, and the same information must be included in the briefing packet. When the family’s unit is approved and the HAP contract is executed, the family must meet those obligations in order to continue participating in the program. Violation of any family obligation may result in termination of assistance, as described in Chapter 12 . Time Frames for Reporting Changes Required By Family Obligations PHA Policy Unless otherwise noted below, when family obligations require the family to respond to a request or notify the PHA of a change, notifying the PHA of the request or change within 10 business days is considered prompt notice. When a family is required to provide notice to the PHA, the notice must be in writing. Family Obligations [24 CFR 982.551] The fami ly obligations of the voucher are listed as follows: 1. The family must s upply any information that the PHA or HUD determines to be necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigratio n status. “Information” includes any requested certification, release or other documentation. 2. The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition in accordance with HUD requirements . 3. The family must d isclose and verify social security numbers and sign and submit consent forms for obtaining information. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -6 4. Any information supplied by the family must be true and complete. 5. The family is responsible for any Housing Quality Standards (HQS) breach caused by the family as described in 24 CFR Section 982.404(b). a. PHA Policy The family is responsible to notify the owner in writing of any/all items needing repair in the apartment or other issues related to damage or inoperability in the apartment, whether they are tenant caused or the result of normal wear and tear. 6. The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan. 7. T he famil y must not commit any serious violation of the lease. PHA Policy The PHA will determine if a family has committed serious violations of the lease based on available evidence, including but not limited to, a court-ordered eviction, or an owner’s not ice to evict , police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge . Serious and lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises and criminal activity. Generally, the criteri on to be used will be whether or not the reason for the eviction was th e fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking will not be construed as serious lease violations by the victim [42 U.S.C. § 14043e-11(b)(3)(A); 24 CFR 5.2005(c)(1)]. 8. The family must notify the PHA and the owner before moving out of the unit or terminating the lease. PHA Policy The family must comply with lease requirements regarding written notice to the owner. The family must provide written notice to the PHA at the same time the owner is notified , but no less than 30 days . The family must request PHA approval to move and comply with PHA’s transfer and portability procedures. The family must submit the request to move in writing at least sixty (60) days before the requested lease termination/move out date. 9. The family m ust promptly give the PHA a copy of any owner eviction notice. PHA Policy The family must promptly provide to the PHA a copy of any rent increase notice, notice of lease violation, or other official notice served on the family by the landlord, including n otices of rent increase and notices of lease violation . The family must promptly provide to PHA a copy of any notice served on the family by the landlord, 10. The family must use the assisted unit for residence by the family. The unit must be the family’s on ly residence. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -7 The composition of the assisted family residing in the unit must be approved by the PHA. The family must promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child. The family must request PHA approval to a dd any other family member as an occupant of the unit in advance . A criminal background will be conducted prior to adding any member to the household in the member is age 18 or older. No other person (s) (i.e., nobody but members of the assisted family) ma y reside in the unit (except for a foster child or live-in aide as provided below). 11. PHA Policy The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. The PHA will determine eligibility of the new member in accordance with the policies in Chapter 3. 12. The family must promptly notify the PHA in writing if any family member no longer lives in the unit. PHA Policy The notification of a change in household size must be submitted in writing and may require PHA approval prior to the person being removed from the household. 13. If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live -in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections I.K and I.M), and Chapter 11 (Section II.B ). 14. Members of the household may engage in legal profitmaking activities in the unit, but only if such activities are incidental to primary use of the unit for residence by members of the family. 15. The family must not sublease or let the unit. PHA Policy Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a household member. 16. The family must not assign the lease or transfer the unit. 17. The family must s upply any information or certifi cation re quested by the PHA to verify that the family is living in the unit , or related to family absence from the unit , including any PHA -requested information or certification for the purposes of family absences. The family must cooperate with the PHA for this purpose. The family must promptly notify the PHA of a bsence from the unit. PHA Policy Notice is required under this provision when any family member will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to the PHA prior to the start of the extended absence. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -8 18. The family must not o wn or have any interest in the unit (other than in a cooperative and owners of a manufactured home leasing a manufactured home s pace). 19. Family members must not c ommit fraud, bribery, or any other corrupt or criminal act in connection with the program (See Chapter 1 4, Program Integrity for additional information). 20. Family members must not e ngage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the premises (See Chapter 12 for HUD and PHA policies related to drug-related and violent criminal activity ). 21. Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the prem ises (See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse ). 22. An assisted family or member of the family must not r eceive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. 23. A family must not r eceive HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has de term ined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD -52646, Voucher] 24. The family must immediately notify the PHA in writing of any increases in family income or assets. 25. The family must immediately notify the PHA in writing when a full -time adult student is no longer enrolled and/or attending school full-time. 26. The fa mily must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD-52646, Voucher]. 27. The family (including each family member) must not damage the unit or premises (other than damage from ordinary wear and tear) or permit any guest to damage the unit or premises. 28. The family agrees not to pay the owner/landlord any additional compensation (either monetary or other) other than that which is approved by the lease or approved by the PHA. 29. The f amily must not engage in or threaten abusive or violent behavior towards any PHA employee or representative. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -9 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE 5-II.A. OVERVIEW The PHA must establish subsidy standards that determine the number of bedrooms ne eded for families of differen t sizes and compositions. This p art presents the policies that will be used to determine the family unit size (also known as the voucher size) a particular family should receive, and the policies that govern making exceptions t o those standards. The PHA must also establish policies related to the issuance of the voucher, to the voucher term, and to any extensions of the voucher term. 5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] For each family, the PHA determi nes the appropriate number of bedrooms under the PHA subsidy standards and enters the family unit size on the voucher that is issued to the family. The family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within a household will share a bedroom/sleeping room. The following requirements apply when the PHA determines family unit size: • The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding. • Th e subsidy standards must be consistent with space requirements under the housing quality standards. • The subsidy standards must be applied consistently for all families of like size and composition. • A child who is temporarily away from the home because of p lacement in foster care is considered a member of the family in determining the family unit size. PHA Policy If the child is or is expected to be absent from the assisted unit for more than 90 consecutive days, the voucher size will be reduced in accordanc e with the PHA ’s subsidy standards. Temporarily away is defined as any period less than 90 calendar days. Written notice must be provided to the PHA within 10 days of the child’s removal. • A family that consists of a pregnant woman (with no other persons) must be treated as a two - person family. • Any live -in aide (approved by the PHA to reside in the unit to care for a family member who is disabled or is at least 50 years of age) must be counted in determining the family unit size; • Unless a live -in -aide resid es with a family, the family unit size for any family consisting of a single person must be either a zero- or one-bedroom unit, as determined under the PHA subsidy standards. An approved live-in aide will not be given a designated bedroom unless necessary by reasonable accommodation. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -10 PHA Policy The PHA will assign one bedroom for each two persons within the household, except in the following circumstances: Single person families will be allocated a zero bedroom. Space will not be provided for any family member who is absent from the home in excess of 60 consecutive days per calendar year. The number of bedrooms on the voucher cannot be more than the number of persons in the household. PHA Policy If a family reports a reduction in family size which would result in there being less than one person per bedroom, the household will be given notice that they have 12 months to search for a new unit, and referred to opportunities available in other Santa Monica affordable housing programs, such as the Affordable Housing Production Program. At the end of the 12 months, the subsidy size will be reduced to no more than one bedroom per person unless necessary by reasonable accommodation . Proof of effort must be provided at annual recertification. The PHA will reference the following chart in determining the appropriate voucher size for a family : Voucher Size Persons in Household (Minimum – Maximum) 0 Bedroom 1-2 1 Bedroom 1-4 2 Bedrooms 2-6 3 Bedrooms 3-8 4 Bedrooms 4-10 5 Bedrooms 5-12 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if the PHA determines that the exception is justified by the age, sex, health, handicap, or relationship of f amily members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to: • A need for an additional bedroom for medical equipment • A need for a separate bedroom for reasons related to a family member’s disabil ity, medical or health condition For a single person who is not elderly, disabled, or a remaining family member, an exception cannot override the regulatory limit of a zero or one bedroom [24 CFR 982.402(b)(8)]. DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -11 PHA Policy The PHA will consider granting an exception for any of the reasons specified in the regulation: the age, sex, health, handicap, or relationship of family members or other personal circumstances. The family must request any exception to the subsidy standards in writing. The request must e xplain the need or justification for a larger family unit size, and must include PHA required documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source (e.g., doctor or health professional), unless the disability and the disability –related request for accommodation is readily apparent or otherwise known. The family’s continued need for an additional bedroom due to special medical equipment must be re -verified at annual reexamination. After a request for and an extension is presented, the PHA will respond in writing, acknowledging receipt of the request, within 10 business days. Based on the verified need for the extension or the absence thereof, the PHA will render its decision within a reasonable period of time. If a participant family’s request is denied, the notice will inform the family of their right to request an informal review . 5-II.D. VOUCHER ISSUANCE [24 CFR 982.302] When a family is selected from the waiting list (or as a special admission as d escribed in Chapter 4), or when a participant family wants to move to another unit, the PHA issues a Housing Choice Voucher, form HUD-52646. This chapter deals only with voucher issuance for applicants. For voucher issuance associated with moves of program participants, please refer to Chapter 10. The voucher is the family’s authorization to search for housing. It specifies the unit size for which the family qualifies, and includes both the date of voucher issuance and date of expiration. It contains a brief description of how the program works and explains the family obligations under the program. The voucher is evidence that the PHA has determined the family to be eligible for the program, and that the PHA expects to have money available to subsidize the family if the family finds an approvable unit. However, the PHA does not have any liability to any party by the issuance of the voucher, and the voucher does not give the family any right to participate in the PHA’s housing choice voucher program [Voucher, form HUD -52646] A voucher can be issued to an applicant family only after the PHA has determined that the family is eligible for the program based on verification of information received within the 60 days prior to issuance [24 CFR 982.201(e)] and after th e family has attended an oral briefing [HCV 8 -1]. PHA Policy Vouchers will be issued to eligible applicants immediately following the mandatory briefing. The PHA should have sufficient funds to house an applicant before issuing a voucher. If funds are insu fficient to house the family at the top of the waiting list, the PHA must wait until it has adequate funds before it calls another family from the list [HCV GB p. 8-10]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -12 Prior to issuing any vouchers, the PHA will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16. If the PHA determines that there is insufficient funding after a voucher has been issued, the PHA may rescind the voucher and place the affected family back on the waiting list. 5-II .E. VOUCHER TERM, AND EXTENSIONS Voucher Term [24 CFR 982.303] The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher [24 CFR 982.303(a)]. PHA Policy The initial voucher term will be 60 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 60-day period unless the PHA grants an extension. Extensions of Voucher Term [24 CFR 982.303(b)] The PHA has the authority to grant extensions of search time, to specify the length of an extension, and to determine the circumstances under which extensions will be granted. The re is no limit on the number of extensions that the PHA can approve. Discretionary policies related to extension and expiration of search time must be described in the PHA’s administrative plan [24 CFR 982.54]. PHAs must approve additional search time if needed as a reasonable accommodation to make the program accessible to and usable by a person with disabilities. The extension period must be reasonab le for the purpose. The family must be notified in writing of the PHA’s decision to approve or deny an extension. The PHA’s decision to deny a request for an extension of the voucher term is not subject to informal review [24 CFR 982.554(c)(4)]. PHA Policy T he PHA may approve three 30 -day extension s upon written request from the family. The PHA will approve additional extensions only in the following circumstances: I t is necessary as a reasonable accommodation for a person with disabilities. It is necessa ry due to reasons beyond the family’s control, as determined by the PHA. Following is a list of extenuating circumstances that the PHA may consider in making its decision. The presence of these circumstances does not guarantee that an extension will be gra nted: Serious illness or death in the family Other family emergency Obstacles due to employment Whether the family has already submitted requests for tenancy approval that were not approved by the PHA DR A F T RE V I S I O N 20 1 6 © Copyright 201 4 2016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 5 -13 Whether family size or other special circumstances make it difficult to find a suitable unit Any request for an additional extension must include the reason(s) an additional extension is necessary. The PHA will require the family to provide documentation to support the request including a proof of effort form. All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher. The PHA will decide whether to approve or deny an extension request within 10 business days of the date the reque st is received, and will immediately provide the family written notice of its decision. Suspensions of Voucher Term [24 CFR 982.303(c)] The PHA must provide for suspension of the initial or any extended term of the voucher from the date the family submit s a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied. PHA Policy The term is suspended (tolled) while a Request for Tenancy Approval (RTA ) is pending for up to 30 days. In the event HQS deficiencies must be cured, the term may be suspended for up to 60 days). Expiration of Voucher Term Once a family’s housing choice voucher term (including any extensions) expires, the family is no longer eligible to search for hous ing under the program. If the family still wishes to receive assistance, the PHA may require that the family reapply, or may place the family on the waiting list with a new application date but without requiring reapplication. Such a family does not become ineligible for the program on the grounds that it was unable to locate a unit before the voucher expired [HCV GB p. 8-13]. PHA Policy If an applicant family’s voucher term or extension expires before the PHA has approved a tenancy, the PHA will require the family to reapply for assistance . DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -1 Chapter 6 INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] INTRODUCTION A family ’s income determines eligibility for assistance and is also used to calculate the family ’s payment and the PHA’s subsidy. The PHA will use the policies and methods described in this chapter to ensure that only eligible families receive assistance and that no family pays more or less than its obligation under the regulations. This chapter describes HUD regulations and PHA policies related to these t opics in three parts as follows: • Part I: Annual Income . HUD regulations specify the sources of income to include and exclude to arrive at a family ’s annual income. These requirements and PHA policies for calculating annual income are found in Part I. • Part II: Adjusted Income . Once annual income has been established HUD regulations require the PHA to subtract from annual income any of five mandatory deductions for which a family qualifies. These requirements and PHA policies for calculating adjusted income are found in Part II. • Part III: Calculating Family Share and PHA Subsidy . This part describes the statutory formula for calculating total tenant payment (TTP), the use of utility allowances, and the methodology for determining PHA subsidy and required fami ly payment. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -2 PART I: ANNUAL INCOME 6-I.A. OVERVIEW The general regulatory definition of annual income shown below is from 24 CFR 5.609. 5.609 Annual income. (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12 -month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph [5.609(c)]. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. In addition to this general definition, HUD regulations establish policies for treating specific types of income and assets. The full texts of those portions of the regulation s are provided in exhibits at the end of this chapter as follows: • Annual Income Inclusions (Exhibit 6-1) • Annual Income Exclusions (Exhibit 6-2) • Treatment o f Family Assets (Exhibit 6 -3) • Earned Income Disallowance f or Persons w ith Disabilities (Exhibit 6 -4) • The Effect o f Welfare Benefit Reduction (Exhibit 6 -5) Section s 6 -I.B and 6-I.C discuss general requirements and methods for calculating annual income. The rest of this section describes how each source of income is treated for the purposes of determining annual income. HUD regulation s present income inclusions and exclusions separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this plan, however, the discussions of income inclusions and exclusions are integrated by topic (e.g., all policies affecting earned income are discussed together in section 6-I.D). Verification requirements for annual income are discussed in Chapter 7. 6-I.B. HOUSEHOLD COMPOSITION AN D INCOME Income received by all family members must be counted unless specifically excluded by the regulations. It is the responsibility of the head of household to report changes in family composition. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -3 Summary of Income Included and Excluded by Person Live -in aides Income from all sources is excluded [24 CFR 5.609(c)(5)]. Foster child or fos ter adult Income from all so urces is excluded [24 CFR 5.609 (c)(2)]. Head, spouse, or cohead Other adult family members All sources of income not specifically excluded by the regulations are included. Children under 18 years of age Employment income is ex cluded [24 CFR 5.609(c)(1)]. All other sources of income, except those specifically excluded by the regulations, are included. Full -time students 18 years of age or older (not head, spouse, or cohead ) Employment income above $480/year is excluded [24 CFR 5.609(c)(11)]. All other sources of income, except those specifically excluded by the regulations, are included. Temporarily Absent Family Members The income of family members approved to live in the unit will be counted, even if the family member is tem porarily absent from the unit [HCV GB , p. 5-18]. PHA Policy Generally an individual who is or is expected to be absent from the assisted unit for 60 consecutive days or less is considered temporarily absent and continues to be considered a family member. G enerally an individual who is or is expected to be absent from the assisted unit for more than 60 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below. It is the responsibili ty of the head of household to report changes in family composition. Absent Students PHA Policy When someone who has been considered a family member attends school away from home and resides with the family during school recess, the person will not be co nsidered a family member as long as the person’s stay meets the policy regarding guests as set forth in Chapter 3-I.J . Absences Due to Placement in Foster Care Children temporarily absent from the home as a result of placement in foster care are considered members of the family [24 CFR 5.403]. PHA Policy If a child has been placed in foster care, the head of household will notify the PHA in writing and provide written verification from the appropriate agency whether and when the child is expected to retu rn to the home. If the agency confirms that the child has been permanently removed from the home, the child will not be counted as a family member. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -4 Absent Head, Spouse, or Cohead PHA Policy An employed head, spouse, or cohead absent from the unit more than 90 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)]. Family Members Permanen tly Confined for Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB , p. 5-22]. PHA Policy The PHA will request verification from a responsible medical professional and will use this determination. If the verification indicates that the family member will be permanently confined to a nursing home, the family will be considered permanently absent. If the resp onsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. At the family’s request, t hi s may be re - evaluated after 3 months. The family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member. When an individual who has been counted as a family member is determined permanently absent, the family is eligible for the medical expense deduction only if the remaining he ad, spouse, or cohead qualifies as an elderly person or a person with disabilities. Joint Custody of Dependents PHA Policy Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more of the time. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be abl e to claim the dependents and receive the dependent allowance/deduction . If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes, or school/childcare records. Caretakers for a Child PHA Policy The approval of a caretaker is at the owner and PHA’s discretion and subject to the owner and PHA’s screening criteria. If neither a parent nor a designated guardian remains in a household receiving HCV assistance, the PHA will take the following actions. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -5 (1) If a responsible agency has determined that another adult is to be brought into the assisted unit to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made. (2) If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assign ment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker will be considered a family member unless information is provided that would confirm that the caretaker ’s role is te mporary. In such cases the PHA will extend the caretaker ’s status as an eligible visitor and review the status in 30 days. (3) At any time that custody or guardianship legally has been awarded to a caretaker, the housing choice v oucher will be transferred to the caretaker and the income of that caretaker should be counted. All other eligibility criteria apply to the caretaker as well . (4) During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual incom e and the caretaker does not qualify the family for any deductions from income. 6-I.C. ANTICIPATING ANNUAL INCOME The PHA is required to count all income “anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date” [24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below. Basis of Annual Income Projection The PHA generally will use current circumstances to determine anticipated income for the coming 12-month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when: • An imminent change in circumstances is expected [HCV GB , p. 5-17] • It is not feasible to anticipate a level of income over a 12 -month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)] • The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)] PHAs are required to use HUD’s Enterprise Income Verification (EIV) system in its entirety a s a third party source to verify employment and income information, reduce fraud and administrative subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)]. HUD allows PHAs to use tenant -provided documents (pay stubs) to project income once EIV data has been received in such cases where the family does not dispute the EIV employer data and where the PHA does not determine it is necessary to obtain additional third-party data. PHA Policy When EIV is obtained and the family does not dispute the EIV employer data, the PHA will use current tenant -provided documents to project annual income. When the tenant- DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -6 provided documents are pay stubs, the PHA will make every effort to obtain 3 current and consecutive pay stubs dated within the last 60 days. The PHA will obtain written and/or oral third -party verification in accordance with the verification requirements and policy in Chapter 7 in the following cases: If EIV or other UIV data is not available, If the family disputes the acc uracy of the EIV employer data, and/or If the PHA determines additional information is needed. In such cases, the PHA will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how the PHA annualized projected income. When the PHA cannot readily anticipate income based upon current circumstances (e.g., in the case of seasonal employment, unstable working hours, or suspected fraud), the PHA will review and analyze historical data for patterns of employment, paid benefits, and receipt of other income and use the results of this analysis to establish annual income. Any time current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to the PHA to show why the historic pattern does not represent the family’s anticipated income. Known Changes in Income If the PHA verifies an upcoming increase or decrease in income, annual income will be calculated by applying each income amount to the appropriate part of the 12-month period. Example: An employer reports that a full-time employ ee who has been receiving $8/hour will begin to receive $8.25/hour in the eighth week after the effective date of the reexamination. In such a case the PHA would calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 × 40 hours × 45 we eks). The family may present information that demonstrates that implementing a change before its effective date would create a hardship for the family. In such cases the PHA will calculate annual income using current circumstances and then require an inter im reexamination when the change actually occurs. This requirement will be imposed even if the PHA’s policy on reexaminations does not require interim reexaminations for other types of changes. When tenant-provided third -party documents are used to anticip ate annual income, they will be dated within the last 60 days of the reexamination interview date. Projecting Income In HUD’s EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly wages to project annual income. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -7 6-I.D. EARNED INCOME Types of Earned Income Included in Annual Income Wages and Related Compensation The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services is included in annual income [24 CFR 5.609(b)(1)]. PHA Policy For persons who regularly receive bonuses or commissions, the PHA will verify and then average amounts received for the two years preceding admission or reexamination. If only a one-year history is available, the PHA will use the prior year amounts. In either case the family may provide, and the PHA will consider, a credible justification for not using this history to anticipate future bonuses or commissions. If a new employee has not yet receive d any bonuses or commissions, the PHA will count only the amount estimated by the employer. The file will be documented appropriately. Some Types of Military Pay All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 CF R 5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(c)(7)]. Types of Earned Income Not Counted in Annual Income Temporary, Nonrecurring, or Sporadic Income [24 CFR 5.609(c)(9)] This type of income (including gifts) is not included in annual income. Sporadic income includes temporary payments from the U.S. Census Bureau for employment lasting no longer than 180 days [Notice PIH 2009-19] PHA Policy Temporary income is income th at is received for a period of no more than 60 days in any 12- month period and cannot be reliably anticipated to reoccur. For example, the earned income of an individual who works one or more temporary positions which are not anticipated to exceed 60 cumul ative days in any 12-month period, is temporary income. This does not include an individual whose field of employment is short term but recurring in nature, in which case the PHA may use previous 12 to a maximum of 36 months of actual earnings to calculate income, if the family member intends to continue in the same type of employment. Nonrecurring income is income that is received one time only and is not anticipated to reoccur in any 12-month period . For example a one -time gift of $100 from a daughter to her elderly mother for her birthday would be considered nonrecurring income. Sporadic income is income that is not received periodically and cannot be reliably predicted. For example, the income of an individual who works occasionally as a handyman, or a person who gains income from recycling cans, would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed. (See “Regular Contributions or Gifts” for definition of regular income.) DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -8 Children ’s Earning s Employment income earned by children (including foster children) under the age of 18 years is not included in annual income [24 CFR 5.609(c)(1)]. (See Eligibility chapter for a definition of foster children .) PHA Policy If a child in the household turns 18 and is employed, or becomes employed, it is the responsibility of the head of household to report that change to the PHA within 10 days (of the birthdate or the hire date, as applicable). Certain Earned Income of Full-Time Students Earnings in excess o f $480 for each full-time student 18 years old or older (except for the head, spouse, or cohead ) are not counted [24 CFR 5.609(c)(11)]. To be considered “full -time ,” a student must be considered “full -time ” by an educational institution with a degree or ce rtificate program [HCV GB , p. 5-29]. Income of a Live -i n Aide Income earned by a live -in aide, employed by Section 8 recip ients, as defined in [24 CFR 5.403], is not included in annual income [24 CFR 5.609(c)(5)]. (See Eligibility chapter for a full discussion of live-in aides.) Income Earned under Certain Federal Programs Income from some federal programs is specifically excluded from consideration as income [24 CFR 5.609(c)(17)], including: • Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) • Awards under the f ederal work -study program (20 U.S.C. 1087uu) • Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) • Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) • Allowances, earnings, and payments to participants in programs funded under the Workforce Investment Act of 1998 (29 U.S.C. 2931) Resident Service Stipend Amounts received under a resident service stipend are not included in annual income. A resident service stipend is a modest amount (not to exceed $200 per individual per month) received by a resident for performing a service for the PHA or owner, on a part -time basis, tha t enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA ’s governing board. No resident may receive more than one such stipend during the same period of time [24 CFR 5.600(c)(8)(iv)]. State a nd Local Employment Training Programs DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -9 Incremental earnings and benefits to any family member resulting from participation in qualifying state or local employm ent training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clear ly defined goals and objectives and are excluded only for the period during which the family member participates in the training program [24 CFR 5.609(c)(8)(v)]. PHA Policy The PHA defines training program as “a learning process w ith goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period to time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It m ay have performance standards to measure proficiency. Training may include, but is not limited to: (1) classroom training in a specific occupational skill, (2) on-the-job training with wages subsidized by the program, or (3) basic education” [expired Notic e PIH 98 -2, p. 3]. The PHA defines incremental earnings and benefits as the difference between : (1) the total amount of welfare assistance and earnings of a family member prior to enrollment in a training program , and (2) the total amount of welfare assist ance and earnings of the family member after enrollment in the program [expired Notice PIH 98 -2, p p. 3–4]. In calculating the incremental difference, the PHA will use as the pre -enrollment income the total annualized amount of the family member’s welfare assistance and earnings reported on the family’s mos t recently completed HUD -50058. End of participation in a training program must be reported in accordance with the PHA's interim reporting requirements . HUD -Funded Training Programs Amounts received under training programs funded in whole or in part by HUD [24 CFR 5.609(c)(8)(i)] are excluded from annual income. Eligible sources of funding for the training include operating subsidy, Section 8 administrative fees, and modernization, Co mmunity Development Block Grant (CDBG), HOME program , and other grant funds received from HUD. PHA Policy To qualify as a training program, the program must meet the definition of training program provided above for state and local employment training programs. Earned Income Tax Credit Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 32(j)), are excluded from annual income [24 CFR 5.609(c)(17)]. Although many families receive the EITC annually when they file taxes, an EITC can also b e received throughout the year. The prorated share of the annual EITC is included in the employee ’s payroll check . Earned Income Disallowance The earned income disallowance for persons with disabilities is discussed in section 6-I.E below. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -10 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILIT IES [24 CFR 5.617 ; Streamlining Final Rule (SFR) Federal Register 3/8/16 ] The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24 CFR 5.617 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and limitations on the disallowance are summarized below. Eligibility This disallowance applies only to in dividuals in families already participating in the HCV program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events: • Employment of a family member who is a perso n with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applica ble minimum wage is the federal minimum wage unless there is a higher state or local minimum wage . • Increased earnings by a family member who is a person with disabilities and whose earnings increase during participation in an economic self -sufficiency or j ob-training program. A self- sufficiency program includes a program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work to such families [24 CFR 5.603(b)]. • New employment or increased ear nings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Titl e IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or transportation assista nce, the total amount received over the six -month period must be at least $500. PHA Policy The PHA will provide EID eligibility criteria during the annual recertification process. Calculation of the Disa llowance Calculation of the earned income disallowanc e for an eligible member of a qualified family begins with a comparison of the member’s current income with his or her “prior baseline income.” The family member’s baseline income is his or her income immediately prior to qualifying for the EID. The family member ’s baseline income remains constant throughout the period that he or she is participating in the EID. PHA Policy The PHA defines prior income, or prequalifying income, as the family member’s last certified income prior to qualifying for the EID. The family member’s prior, or prequalifying, income remains constant (as a baseline) throughout the period that he or she is participating in the EID .While qualification for the disallowance is DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -11 the same for all families, calculation of the disallowance will di ffer depending on when the family member qualified for the EID. Participants qualifying prior to May 9, 2016, will have the disallowance calculated under the “Original Calculation Method” described below which required a maximum lifetime disallowance perio d of up to 48 consecutive months. Participants qualifying on or after May 9, 2016, will be subject to the “Revised Calculation Method.” Which shortens the lifetime disallowance period to 24 consecutive months. Original Calculation Method Initial 12 -Month E xclusion During the initial 12 -month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive. PHA Policy The initia l EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings. Second 12-Month Exclusion and Phase-In During the second 12-month exclusion period, the exclusion is reduced to half (50 percent ) of any increase in income attributable to employment or increased earnings. The 12 months are cumulative and need not be consecutive. Lifetime Limitation The EID has a four-year (48 -month) lifetime maximum. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for th e EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance. PHA Policy During the 48-month eligibility period, the PHA will schedule and conduct an interim reexamination each time there is a change in the family member’s annual income that affects or is affected by the EID (e.g., when the family member’s income falls to a level at or below his/her prequalifying income, when one of the exclusion periods ends, and at the end of the lifetime maximum eligibility period ). Revised Calculation Method Initial 12 -Month Exclusion During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earning is exclu ded. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -12 The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earning. Second 12-Month Exclusion During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50 percent of any increase in income attributable to employment or increase earnings. PHA Policy During the second 12-month exclusion period, the PHA will exclude 100 percent of any increase in income attributable to new employment or increased earning. Lifetime Limitation The EID has a two -year (24 -month) lifetime maximum. The two -year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24- month period, an individual remains eligible for EID even if they begin to receive assistance from a different housing agency, move between public housing and section 8 assistance, or have breaks in assistance. 6-I.F. BUSIN ESS INCOME [24 CFR 5.609(b)(2)] Annual income includes “the net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight -line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family” [24 CFR 5.609(b)(2)]. Business Expenses Net income is “gross income less business expense” [HCV GB , p. 5-19]. PHA Policy To d etermine business expenses that may be deducted from gross income, the PHA will use current applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see IRS Publication 535], unless a topic is addressed by HUD regulation s or guidance as described below. Business Expansion HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion. PHA Policy Business expansion is defined as any capital expenditures made to add new business activities , to expand current facilities , or to operate the business in additional locations. For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -13 business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion. Capital Indebtedness HUD regulations do not permit the PHA to deduct from gross income the amorti zatio n of capital indebtedness. PHA Policy Capital indebtedness is defined as the principal portion of the payment on a capital asset such as land, buildings, and machinery. This means the PHA will allow as a business expense interest, but not principal, paid on capital indebtedness. Negative Business Income If the net income from a business is negative, no business income will be included in annual income; a negative amount will not be used to offset other family income. Withdrawal of Cash or Assets from a Bus iness HUD regulations require the PHA to include in annual income the withdrawal of cash or assets from the operation of a business or profession unless the withdrawal reimburses a family member for cash or assets invested in the business by the family. PHA Policy Acceptable investments in a business include cash loans and contributions of assets or equipment. For example, if a member of an assisted family provided an up-front loan of $2,000 to help a business get started, the PHA will not count as income any withdrawals from the business up to the amount of this loan until the loan has been repaid if the loan is documented by parties through an executed loan agreement Investments do not include the value of labor contributed to the business without compensation. Co -o wned Business es PHA Policy If a business is co -owned with someone outside the family, the family must document the share of the business it owns. If the family’s share of the income is lower than its share of ownership, the family must documen t the reasons for the difference. 6-I.G. ASSETS [24 CFR 5 .609(b)(3); and 24 CFR 5.603(b)] Overview There is no asset limitatio n for participation in the HCV program. However, HUD requires that the PHA include in annual income the anticipated “interest, div idends, and other net income of any kind from real or personal property” [24 CFR 5.609(b)(3)]. This section discusses how the income from various types of assets is determined. For most types of assets, the PHA must determine the value of the asset in orde r to compute income from the asset. Therefore, for each asset type, this section discusses: • How the value of the asset will be determined • How income from the asset will be calculated DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -14 Exhibit 6-1 provides the regulatory requirements for calculating income f rom assets [24 CFR 5.609(b)(3)], and Exhibit 6-3 provides the regulatory definition of net family assets . This section begins with a discussion of general policies related to assets and then provides HUD rules and PHA policies related to each type of asset . Optional policies for family self -certification of assets are found in Chapter 7. General Policies Income from Assets The PHA generally will use current circumstances to determine both the value of an asset and the anticipated income from the asset . As is true for all sources of income, HUD authorizes the PHA to use other than current circumstances to anticipate income when (1) an imminent change in circumstances is expected (2) it is not feasible to anticipate a level of income over 12 months or (3) the PHA believes that past income is the best indicator of anticipated income. For example, if a family member owns real property that typically receives rental income but the property is currently vacant, the PHA can take into consideration past rental income along with the prospects of obtaining a new tenant. PHA Policy Any time current circumstances are not used to determine asset income, a clear rationale for the decision will be documented in the file. In such cases the family may present information and documentation to the PHA to show why the asset income determination does not represent the family’s anticipated asset income. Valuing Assets The calculation of asset income sometimes requires the PHA to make a distinction between an asset ’s market value and its cash value. • The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for real estate or the total value of an investment account ). • The cash value of an asset is its market value less all reasonable amounts that would be incurred when converting the asset to cash. PHA Policy Reasonable costs that would be incurred when disposing of an asset include, but are not limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs incurred in real estate transactions [HCV GB, p. 5-28]. Lump -Sum Receipts P ayment s that are received in a single lump sum, such as inheritances, capital gains, lottery winnings, insurance settlements, and proceeds from the sale of property, are generally considered asset s, not income. However, such lump-sum receipts are counted as assets only if they are retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking account) [RHIIP FAQs]. (For a discussion of lump-sum payments that repre sent the delayed start of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.) DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -15 I mput ing Income from Assets [24 CFR 5.609(b)(3), Notice PIH 2012-29] When net family assets are $5,000 or less, the PHA will include in annual income the actual income anticipated to be derived from the asset s . When the family has net family assets in excess of $5,000, the PHA will include in annual income the greater of (1) the actual income derived from the assets or (2) the imputed income. Imput ed income from assets is the total cash value of all family assets multiplied by an average passbook savings rate as determined by the PHA . • Note: The HUD field office no longer provides an interest rate for imputed asset income. The “safe harbor” is now for the PHA to establish a passbook rate within 0.75 percent of a national average. • The PHA must review its passbook rate annually to ensure that it remains within 0.75 percent of the national average. PHA Policy The PHA will initially set the imput ed asset passbook rate at the national rate established by the Federal Deposit Insurance Corporation (FDIC). The PHA will review the passbook rate annually, in December of each year. The rate will not be adjusted unless the current PHA rate is no longer within 0.75 percent of the national rate. If it is no longer within 0.75 percent of the national rate, the passbook rate will be set at the current national rate. Changes to the passbook rate will take effect on February 1 following the December review. D etermining Actual Anticipated Income from Assets It may or may not be necessary for the PHA to use the value of an asset to compute the actual anticipated income from the asset. When the value is required to compute the anticipated income from an asset , th e market value of th e asset is used. For example , if the asset is a property for which a family receives rental income, the anticipated income is determined by annualizing the actual monthly rental amount received for the property; it is not based on the p roperty’s market value. However, if the asset is a savings account, the anticipated income is determined by multiplying the market value of the account by the interest rate on the account. Withdrawal of Cash or Liquidation of Investments Any withdrawal of cash or assets from an invest ment will be included in income except to the extent that the withdrawal reimburses amounts invested by the family. For example, when a family member retires, the amount received by the family from a retirement investment plan is not counted as income until the family has received payments equal to the amount the family member deposited into the retirement investment plan . Jointly Owned Assets The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes “amounts d erived (during the 12-month period) from assets to which any member of the family has access.” PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -16 If an asset is owned by more than one person and any family member has unrestricted access to the asset, the PHA will count the full value of the asse t. A family member has unrestricted access to an asset when he or she can legally dispose of the asset without the consent of any of the other owners. If an asset is owned by more than one person, including a family member, but the family member does not h ave unrestricted access to the asset, the PHA will prorate the asset according to the percentage of ownership. If no percentage is specified or provided for by state or local law, the PHA will prorate the asset evenly among all owners. Assets Disposed Of f or Less t han Fair Market Value [24 CFR 5.603(b)] HUD regulations require the PHA to count as a current asset any business or family asset that was disposed of for less than fair market value during the two years prior to the effective date of the examinati on/reexamination, except as noted below. Minimum Threshold The HVC Guidebook permits the PHA to set a threshold below which assets disposed of for less than fair market value will not be counted [HCV GB , p. 5-27]. PHA Policy The PHA will not include the value of assets disposed of for less than fair market value unless the cumulative fair market value of all assets disposed of during the past two years exceeds the gross amount received for the assets by more than $1,000. When the two-year period expires, t he income assigned to the disposed asset (s) also expires. If the two -year period ends between annual recertification s , the family may request an interim recertification to eliminate consideration of the asset(s ). Ass ets placed by the family in non revocable trusts are considered assets disposed of for less than fair market value except when the assets placed in trust were received through settlements or judgments. Separation or Divorce The regulation also specifies that assets are not considered disposed of for less than fair market value if they are disposed of as part of a separation or divorce settlement and the applicant or tenant receives important consideration not measurable in dollar terms. PHA Policy All assets disposed of as part of a separation or divorce settlement will be considered assets for which important consideration not measurable in monetary terms has been received . In order to qualify for this exemption, a family member must be subject to a formal separation or divorce settlement agreemen t established through arbitration, mediation, or court order. Foreclosure or Bankruptcy Assets are not considered disposed of for less than fair market value when the disposition is the result of a foreclosure or bankruptcy sale. Family Declar ation DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -17 PHA Pol icy Families must sign a declar ation form at initial certification and each annual recertification identifying all assets that have been disposed of for less than fair market value or declaring that no assets have been disposed of for less than fair market value. The PHA may verify the value of the assets disposed of if other information available to the PHA does not appear to agree with the information reported by the family. Types of Assets Ch ecking and Savings Accounts For regular checking accounts and s avings accounts, cash value has the same meaning as market value . If a checking account does not bear interest, the anticipated income from the account is zero. PHA Policy In determining the value of a checking account, the PHA will use the average monthly balance for the last three months unless the financial institution provides a six month average balance . In determining the value of a savings account, the PHA will use the current balance. In determining the anticipated income from an interest bearing ch ecking or savings account, the PHA will multiply the value of the account by the current rate of interest paid on the account. Investment Accounts Such as Stocks, Bonds, Saving Cert ificates, and Money Market Funds Interest or dividends earned by investmen t accounts are counted as actual income from assets even when the earnings are reinvested. The cash value of such an asset is determined by deducting from the market value any broker fees, penalties for early withdrawal, or other costs of converting the as set to cash. PHA Policy In determining the market value of an investment account, the PHA will use the value of the account on the most recent investment report. How anticipated income from an investment account will be calculated depends on whether the ra te of return is known. For assets that are held in an investment account with a known rate of return (e.g., savings certificates), asset income will be calculated based on that known rate (market value multiplied by rate of earnings). When the anticipated rate of return is not known (e.g., stocks), the PHA will calculate asset income based on the earning s for th e most recent reporting period. Equity in Real Property or Other Capital Investments Equity (cash value) in a property or other capital asset is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker fees) that would be incurred in selling the asset [HCV GB , p. 5-25]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -18 In determining the equity, the PHA will determine market value by examining recent sales of at least three properties in the surrounding or similar neighborhood that possess comparable factors that affect market value. The PHA will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate equity. If the payoff amount is not available, the PHA will use the basic loan balance information to deduct from the market value in the equity calculation. Equity in real property and other capital investments is considered i n the calculation of asset income except for the following types of assets: • Equity accounts in HUD homeownership programs [24 CFR5.603 (b)] • The value of a home currently being purchased with assistance under the HCV p rogram Homeownership Option for the first 10 years after the purchase date of the home [24 CFR 5.603(b), Notice PIH 2012-3] • Equity in owner-occupied cooperatives and manufactured homes in which the family lives [HCV GB , p. 5-25] • Equity in real property when a family member’s main occupation is r eal estate [HCV GB , p. 5-25]. This real estate is considered a business asset , and income related to this asset will be calculated as described in section 6-I.F. • Interests in Indian Trust lands [24 CFR 5.603(b)] • Real property and capital assets that are p art of a n active business or farming operation [HCV GB , p. 5-25] The PHA must also deduct from the equity the reasonable costs for converting the asset to cash. Using the formula for calculating equity specified above, the net cash value of real property i s the market value of the loan (mortgage) minus the expenses to convert to cash [Notice PIH 2012-3]. PHA Policy For the purposes of calculating expenses to convert to cash for real property, the PHA will use ten percent of the market value of the home. A family may have real property as an asset in two ways: (1) owning the property itself and (2) holding a mortgage or deed of trust on the property. In the case of a property owned by a family member, the anticipated asset income generally will be in the fo rm of rent or other payment for the use of the property. If the property generates no income, actual anticipated income from the asset will be zero. In the case of a mortgage or deed of trust held by a family member, the outstanding balance (unpaid princip al) is the cash value of the asset. The interest portion only of payments made to the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated asset income. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -19 In the case of capital investments owned jointly with others not living in a family’s unit, a prorated share of the property’s cash value will be counted as an asset unless the PHA determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash . Trusts A trust is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries). Revocable Trusts If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GB , p. 5-25]. Any income earned as a result of investment of trust funds is counted as actual asset income, wheth er the income is paid to the family or deposited in the trust. Nonrevocable Trusts In cases where a trust is not revocable by, or under the control of, any member of a family, the value of the trust fund is not considered an asset. However, any income dis tributed to the family from such a trust is counted as a periodic payment or a lump-sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in S ection 6-I.H. Lump -sum receipts are discussed earlier in this section.) Retirement Account s Company Retirement/Pension Accounts In order to correctly include or exclude as an asset any amount held in a company retirement or pension account by an employed person, the PHA must know whether the money is accessible before retirement [HCV GB , p. 5-26]. While a family member is employed, only the amount the family member can withdraw without retiring or terminating employment is counted as an asset [HCV GB , p. 5-26]. After a family member retires or terminates employment, any amount distributed to the family member is counted as a period ic payment or a lump -sum receipt, as appropriate [HCV GB , p. 5- 26], except to the extent that it represents funds invested in the account by the family member . (For more on p eriodic payments , see section 6 -I.H.) The bal ance in the account is counted as an asset only if it remains accessible to the family member. IRA, Keogh, and Similar Retirement Savings Accounts IRA, Keogh , and similar retirement savings accounts are counted as assets even though early withdrawal would result in a penalty [HCV GB , p. 5-25]. Personal Property Personal property held as an investment, such as gems, jewelry, coin collections, antique /classic cars, luxury vehicles value d at $30,000.00 or higher, etc., is considered an asset [HCV GB , p. 5- 25]. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -20 PHA Policy In determining t he value of personal property held as an investment, the PHA will use the family ’s estimate of the value. The PHA may use other general practice methods to confirm the value of the asset if there is reason to believe that the f amily’s estimated value is off by $50 or more. In the event it is necessary to establish the value of personal property held for investment t he family must cooperate with the appraiser , but cannot be charged any costs related to the appraisal. Generally, p ersonal property held as an investment generates no income until it is disposed of. If regular income is generated (e.g., income from renting the personal property), the amount that is expected to be earned in the coming year is counted as actual income fr om the asset. N ecessary items of personal property are not considered assets [24 CFR 5.603(b)]. PHA Policy Necessary personal property consists of only those items not held as an investment, and may include clothing, furniture, household furnishings, jewelry, and vehicles other than antique/classic and luxury vehicles as described above, including those specially equipped for persons with disabilities. Life Insurance The cash value of a life insurance policy available to a family member before death, such as a whole life or universal life policy is included in the calculation of the value of the family’s assets [HCV GB 5-25]. The cash value is the surrender value. If such a policy earns dividends or interest that the family could elect to receive, the antic ipated amount of dividends or interest is counted as income from the asset whether or not the family actually receives it . Annuities An “annuity” is a contract between a person and a life insurance company. An annuity accumulates and invests money and pays it out as income over time. An annuity may have a cash value countable as an asset or is providing income. An annuity may be either an asset or it may be providing income but an annuity is never both income and an asset at the same time. Annuities have two distinct phases: the first is the accumulation phase (money is deposited in a lump sum or contributed over time in regular installments and grows through investment) and the second phase is the payout (or “annuitization”) period during which regular paym ents are made to the owner of the annuity usually for a specified period of time or the life of the annuity’s owner, whichever is longer. Once the contract is “annuitized,” and payments begin, it no longer has a “cash value” and it cannot (under any circum stance) be “cashed in.” Payments are usually monthly, but they can also be quarterly or annual. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -21 6-I.H. PERIODIC PAYMENTS Periodic payments are forms of income received on a regular basis. HUD regulations specify periodic payments that are and are not included in annual income. Periodic Payments Included in Annual Income • Periodic payments from sources such as s ocial s ecurity, unemployment and welfare assistance, annuities, insurance policies, retirement funds, and pensions . However, periodic payments fro m retirement accounts, annuities , and similar forms of investments are counted only after they exceed the amount contributed by the family [24 CFR 5.609(b)(4) and (b)(3)]. • Disability or death benefits and lottery receipts paid periodically, rather than in a single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-14] Lump -Sum Payments for the Delayed Start of a Periodic Payment Most lump sums received as a result of delays in processing periodic payments, such as unemployment or welfare assistance , are counted as income. However, lump-sum receipts for the delayed start of periodic s ocial s ecurity or supplemental security income (SSI ) payments are not counted as income [CFR 5.609(b)(4)].Additionally, any deferred disability benefits that are received in a lump -sum or in prospective monthly amounts from the Department of Veterans Affairs are to be executed from annual income [FR Notice 11/24/08]. PHA Policy When a delayed -start payment is received and reported during the period in which the PHA is processing an annual reexamination, the PHA will adjust the family share and PHA subsidy retroactively for the period the payment was intended to cover. The family may pay in full any amount due or request to enter into a re payment agreement with the PHA. Periodic Payments Ex cluded from Annual Income • Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the assisted family, who are unable to live alone) [24 CFR 5.609(c)(2)]. Kinship guardianship assistance payments (Kin -Gap) and other similar guardianship payments are treated the same as foster care payments and are likewise excluded from annual income [Notice PIH 2012-1 ]. PHA Policy The PHA will exclude payments for the care of foster children and foster adults only if the care is provided through an official arrangement with a local welfare agency [HCV GB , p. 5-18]. • Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)] • Amounts received under the Low -Income Home Energy Assistance Program (42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)] • Amounts received under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) [24 CFR 5.609(c)(17)] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -22 • Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 32(j)) [24 CFR 5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to receive the amount due as part of payro ll payments from an employer. • Lump sums received as a result of delays in processing Social Security and SSI payments (see section 6-I.J.) [24 CFR 5.609(b)(4)]. • Lump sums or prospective monthly amounts received as deferred disability benefits from the Depa rtment of Veterans Affairs (VA) [FR Notice 11/24/08]. 6-I.I. PAYMENTS IN LIEU OF EARNINGS Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation, and severance pay , are counted as income [24 CFR 5.609(b)(5)] i f they are received either in the form of periodic payments or in the form of a lump-sum amount or prospective monthly amounts for the delayed start of a periodic payment. If they are received in a one-time lump sum (as a settlement, for instance), they ar e treated as lump -sum receipts [24 CFR 5.609(c)(3)]. (S ee also the discussion of periodic payments in section 6-I.H and the discussion of lump -sum receipts in section 6-I.G.) 6-I.J. WELFARE ASSISTANCE Overview Welfare assistance is counted in annual income . Welfare assistance includes Temporary Assistance for Needy Families (TANF) and any payments to individuals or families based on need that are made under programs funded separately or jointly by federal, state , or local governments [24 CFR 5.603 (b)]. Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] The PHA must make a special calculation of annual income when the welfare agency imposes certain sanctions on certain families. The full text of the regulation at 24 CFR 5.615 is provided as Exhibit 6-5. The requirements are summarized below. This rule applies only if a family was receiving HCV assistance at the time the sanction was imposed. Covered Families The f amilies covered by 24 CFR 5.615 are those “who receive welfare assistance o r other public assistance benefits (‘welfare benefits ’) from a State or other public agency (’welfare agency’) under a program for which Federal, State or local law requires that a member of the family must participate in an economic self -sufficiency progr am as a condition for such assistance” [24 CFR 5.615(b)] Imputed Income When a welfare agency imposes a sanction that reduces a family ’s welfare income because the family commits fraud or fails to comply with the agency ’s economic self -sufficiency program or work activities requirement, the PHA must include in annual income “imputed ” welfare income. The PHA must request that the welfare agency provide the reason for the reduction of benefits and the amount of the reduction of benefits. The imputed welfare income is the amount that the benefits were reduced as a result of the sanction . DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -23 This requirement does not apply to reductions in welfare benefits: (1) at the expiration of the lifetime or other time limit on the payment of welfare benefits, (2) if a fami ly member is unable to find employment even though the family member has complied with the welfare agency economic self -sufficiency or work activities requirements, or (3) because a family member has not complied with other welfare agency requirements [24 CFR 5.615(b)(2)]. Offsets The amount of the imputed welfare income is offset by the amount of additional income the family begins to receive after the sanction is imposed. When the additional income equals or exceeds the imputed welfare income, the imputed income is reduced to zero [24 CFR 5.615(c)(4)]. 6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)] Annual income includes periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing with an assisted family . Alimony and Child Support The PHA must count alimony or child support amounts awarded as part of a divorce or separation agreement . PHA Policy The PHA will count court-awarded amounts for alimony and child support unless the PHA verifies that : (1) the payments are not being made, and (2) the family has made reasonable efforts to collect amounts due, including filing with courts or agencies res ponsible for enforcing payments [HCV GB , pp. 5-23 and 5-47]. Families who do not have court-awarded alimony and child support awards are not required to seek a court award and are not required to take independent leg al action to obtain collection. Regular Contributions or Gifts The PHA must count as income regular monetary and nonmonetary contributions or gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary, nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)]. PHA Policy Any cont ribution or gift received more than three times per year will be considered a “regular” contribution or gift, unless the amount is less than $100 per occurrence. This includes rent and utility payments made on behalf of the family and other cash or non- cas h contributions provided on a regular basis. Examples of regular contributions include: (1) regular payment of a family ’s bills (e.g., utilities, te lephone, rent, credit cards, car payments and/or automobile insurance payments, (2) cash gift(s) exceeding $300 annually or other liquid assets provided to any family member, and (3) “in -kind” contributions such as groceries and clothing provided to the participant family on a regular basis. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -24 Non monetary contributions will be valued at the cost of purchasing the items, as determined by the PHA. For contributions that may vary from month to month (e.g., utility payments), the PHA will include an average amount based upon past history. A family benefit that is used exclusively by the family, but not titled to the f amily (i.e., automobile, storage unit), will be counted as in-kind income. The income would include insurance, car payments, maintenance, and other vehicle expenses that are regularly paid by someone outside of the assisted household. If the family’s expen ses exceed its known income, the PHA will question the family about contributions and gifts. 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9); and FR 5/20/14 Notice PIH 2015-21 ] In 2005 , Congress passed a law (for Section 8 programs only) requiring t hat certain student financial assistance be included in annual income. Prior to that, the full amount of student financial assistance was excluded. For some students, the full exclusion still applies. Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); and FR 4/10/06 ; Notice PIH 2015 -21 ] The regulation requiring the inclusion of certain student financial assistance applies only to students who satisfy all of the following conditions: • They are enrolled in an institution of higher education, as defined under the Higher Education Act (HEA) of 1965. • They are seeking or receiving Section 8 assistance on their own—that is, apart from their parents —through the HCV program, the project-based voucher program, or the moderate rehabilitation pro gram. • They are under 24 years of age OR they have no dependent children. For students who satisfy these three conditions, any financial assistance in excess of tuition and any other required fees and charges received : (1) under the 1965 HEA, (2) from a pri vate source, or (3) from an institution of higher education, as defined under the 1965 HEA, must be included in annual income. To determine annual income in accordance with the above requirements, the PHA will use the definitions of dependent child, institution of higher education, and parents in Section 3-II.E , along with the following definitions [FR 4/10/06, pp. 18148-18150]: • Assistance under the Higher Education Act of 1965 includes Pell Grants, Federal Supplement Educational Opportunity Grants, Academi c Achievement Incentive Scholarships, State Assistance under the Leveraging Educational Assistance Partnership Program, the Robert G. Byrd Honors Scholarship Program, and Federal Work Study programs. • Assistance from private sources means assistance from no ngovernmental sources, including parents, guardians, and other persons not residing with the student in an HCV assisted unit. • Tuition and fees are defined in the same manner in which the Department of Education defines tuition and fees [Notice PIH 2015-21]. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -25 - This is the amount of tuition and required fees covering a full academic year most frequently charged to students. - The amount represents what a typical student would be charged and may not be the same for all students at an institution. - If tuition is cha rge d on a per-credit -hour basis, the average full-time credit hour load for an academic year is used to estimate average tuition. - Required fees include all fixed sum charges that are required of a large proportion of all students. Examples include, but are not limited to, writing and science lab fees and fees specific to the student ’s major or program (i.e., nursing program). - Expenses related to attending an institution of higher education must not be inc luded as tuition. Examples include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non- fixed sum charges. • Tuition will have the meaning given this term by the institution of higher education in which the student is en rolled and will include any other fees and charges required by the institution for enrollment [FR 5/20/14, p. 28939]. Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6 )] Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is fully excluded from annual income under 24 CFR 5.609(c)(6 ), whether it is paid directly to the student or to the educational institution the student is attending. This includes any financial assistance received by: • Students residi ng with parents who are seeking or receiving Section 8 assistance • Students who are enrolled in an educational institution that does not meet the 1965 HEA definition of institution of higher education • Students who are over 23 AND have at least one dependent child, as defined in Section 3-II.E • Students who are receiving financial assistance through a governmental program not authorized under the 1965 HEA. 6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME Other exclusions contained in 24 CFR 5.609(c) and updated by FR Notice 5/20/14 that have not been discussed earlier in this chapter include the following: • Reimbursement of medical expenses [24 CFR 5.609(c)(4)] • Amounts received by participants in other publicly assisted programs which are specifically for or in r eimbursement of out-of-pocket expenses incurred and which are made solely to allow participation in a specific program [24 CFR 5.609(c)(8)(iii)] • Amounts received by a person with a disability that are disregarded for a limited time for purposes of Suppleme ntal Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self -Sufficiency (PASS) [(24 CFR 5.609(c)(8)(ii)] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -26 • Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era [24 CFR 5.609(c)(10)] • Adoption assistance payments in excess of $480 per adopted child [24 CFR 5.609(c)(12)] • Refunds or rebates on p roperty taxes paid on the dwelling unit [24 CFR 5.609(c)(15)] • Amoun ts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)] • Amounts specif ically excluded by any other federal statute [24 CFR 5.609(c)(17), FR Notice 5/20/14]. HUD publishes an updated list of these exclusions periodically. It includes: (a) The value of the allotment provided to an eligible household under the Food Stamp Act of 1977 (7 U.S.C. 2017 (b)) (b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of 1966, including WIC (c) Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058) (d) Payments received u nder the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) (e) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e) (f) Payments or allowances made under the Department of Health and Human Services ’ Low -Income Home Energy Assistance Program (42 U.S.C. 8624(f)) (g) Payments received under programs funded in whole or in part under the Workforce Investment Act of 1998 (29 U.S.C. 2931) (h) Deferred disability benefits from the D epartment of Veteran Affairs, whether received as a lump sum or in monthly prospective amounts (i) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L . 94-540, 90 Stat. 2503-04) (j) Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)) (k) The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U. S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407-1408) (l) Benefits under the Indian V eterans Housing Opportunity Act of 2010 (only applies to Native A merican housing program s) (m) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -27 (n) Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) (o) Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in In Re Agent Orange -product liability litiga tion, M.D.L. No. 381 (E.D.N.Y.) (Pub. L. 101–201 and 101–39) (p) Payments received under the Maine Indian Claims Settlemen t Act of 1980 (Public Law 96–420, 25 U.S.C. 1721) pursuant to 25 U.S.C. 1728(c) (q) The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q) (r) Earned income tax credit (EITC) refund payments rece ived on or after January 1, 1991 (26 U.S.C. 32(l )) (s) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescale ro Reservation (Pub. L. 95-433) (t) Amounts of scholarships funded under Title IV of the Higher Education Act of 1965j, including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs, the exception found in § 237 of Public Law 109–249 applies and requires that the amount of financial assistance in excess of tuition and mandatory fees shall be considered income in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined b y 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109 –249) (See See Section 6 -I.L. for exceptions.) (u) Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602) (v) Allowances, earnings and payments to individuals participating in programs under the Workf orce Investme nt Act of 1998 (29 U.S.C. 2931) (w) Any amount received under the School Lunch Act and the Child Nutrition Act of 1966 (42 U.S.C. 1780(b)), including reduced -price lunches and food under the Special Supplemental Food Program for Women, Infants , and Children (WIC); (x) Payments, funds or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)); (y) Payments from any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts as provided by an amendment to the definition of annual income in the U.S. Housing Act of 1937 (42 U.S.C. 1437) by Section 2608 of the Housing and Economic Recovery Act of 2008 (Pub. L. 110–289, 42 U.S.C. 4501); (z) Compensation received by or on behalf of a veteran for service -connected disability, death, dependency, or indemnity compensation as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111–269) to the definition DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -28 of income applicable to programs authorized under the Native American Housing Assistance and Self -Determination Act of 1996 (25 U.S.C. 4101) and administered by the Office of Native American Programs; and (aa ) A lump sum or a periodic payme nt received by an individual Indian pursuant to the Class Action Settlement Agreement in the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States District Court, District of Columbia, for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010 (Pub. L. 111–291). (bb) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans born with spinal bifida, children of women Vietnam veterans born with certain birth defects, and children of certain Korean service veterans born with spinal bifida (cc) Any amounts in an "individual development account" as provided by the Assets for Independence Act, as amended in 2002 (dd) Payments made from the proceeds of Indian tribal trust cas es as described in Notice PIH 2013–30, "Exclusion from Income of Payments under Recent Tribal Trust Settlements" (25 U.S.C. 117b(a)) (ee) Major disaster and emergency assistance received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and comparable disaster assistance provided by states, local governments, and disaster assistance organizations PHA Policy • Employer Reimbursement of Mileage Expenses – Employer reimbursement for mileage expenses for use of personal vehicle is not cons idered income as long as the reimbursement is reasonable as compared to the Internal Revenue Service (IRS) mileage rate. Mileage logs may be required. The amount of the mileage reimbursement that exceeds the standard rate will be counted as income. • Loans – Loans to a participant/applicant from an institution are not considered income. However, “loans” from private parties are considered income if it is apparent there is little likelihood the loan will be repaid within the next three years, loans from the previous year have not been repaid, and if there was no written, well-defined notarized loan agreement executed at the time the “loan” began. Repayment of a loan back to the participant/applicant is not considered income if documentation can be presented tha t the loan was made by the participant/applicant to the person repaying the loan. If no documentation is provided, the “repayments ” are considered income. Repayments back of a loan made by the assisted household must be documented as follows in order to not count the payments as regular contributions to the family: 1. Bank statement withdrawals indicating the assisted household made the loan. 2. Cancelled checks indicating the amount of the loan and to whom the loan was paid. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -29 3. Notarized loan repayment agreement ex ecuted around the time the loan was made, with the terms and amount of the loan. • Employer Contributions to a Flexible Spending Account – Employer contributions to a flexible medical or childcare expense account are not considered income as long as the money is only accessible to the family as reimbursement for out-of -pocket medical or childcare expenses. However, childcare or medical expenses will not be allowed as a deduction if they are reimbursable through a flexible employer contribution account. Documentation regarding the requirements of the account may be required. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -30 PART II: ADJUSTED INCOME 6-I I.A. INTRODUCTION Overview HUD regulations require PHAs to deduct from annual income any of five mandatory deductions for which a family qualifies. The resulting amount is the family ’s adjusted income. Mandatory deductions are found in 24 CFR 5.611. 5.611(a) Mandatory deductions. In determining adjusted income, the responsible entity [PHA] must deduct the following amounts from annual income: (1) $480 for each d ependent; (2) $400 for any elderly family or disabled family; (3) The sum of the following, to the extent the sum exceeds three percent of annual income: (i) Unreimbursed medical expenses of any elderly family or disabled family; (ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed. This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and (4) Any reasonable child care expenses necessary to enable a member of t he family to be employed or to further his or her education. This part covers policies related to these mandatory deductions. Verification requirements related to these deductions are found in Chapter 7. Anticipating Expenses PHA Policy Generally, the PHA will use current circumstances to anticipate expenses. When possible, for costs that are expected to fluctuate during the year (e.g., child care during school and non-school periods and cyclical medical expenses), the PHA will estimate costs based on histo ric data and known future costs. If a family has an accumulated debt for medical or disability assistance expenses , the PHA will include as an eligible expense the portion of the debt that the family expects to pay during the period for which the income determination is being made. However, amounts previously deducted will not be allowed even if the amounts were not paid as expected in a preceding period. The PHA may require the family to provide documentation of payments made in the preceding year. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -31 6-II.B . DEPENDENT DEDUCTION An allowance of $480 is deducted from annual income for each dependent [24 CFR 5.611(a)(1)]. Dependent is defined as any family member other than the head, spouse, or cohead who is under the age of 18 or who is 18 or older and is a pe rson with disabilities or a full -time student. Foster children, foster adults, and live-in aides are never considered dependents [24 CFR 5.603(b)]. 6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION A single deduction of $400 is taken for any elderly or disabled family [24 CFR 5.611(a)(2)]. An elderly family is a family whose head, spouse, cohead, or sole member is 62 years of age or older, and a disabled family is a family whose head, spouse, cohead, or sole member is a person with disabilities [24 CFR 5.403]. 6-II.D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(a)(3)(i)] Unreimbursed medical expenses may be deducted to the extent that, in combination with any disability assistance expenses, they exceed three percent of gross annual income. The medical expense deduc tion is permitted only for families in which the head, spouse, or cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical expense deduction, the medical expenses of all family members are counted [V G , p. 28 ]. PHA Poli cy Families who claim medical expenses must submit a certification indicating if medical expenses have been, or will be, reimbursed by an outside source. It is the responsibility of the family to provide documentation of expenses in the format required by the PHA. Expenses supported by confusing, unclear, or non-descriptive documentation will be disallowed. Eligible Medical Expenses - Medicines, equipment, treatments and prescriptions that are for the treatment of a disability -related medical condition are eligible medical expenses. This does not include medicines, vitamin supplements, over-the-counter medications, and treatments recommended to maintain general health, or as a preventive treatment, including medical marijuana. Treatment in a non -traditional, non-medical setting is not an eligible medical expense unless it is directly administered by a licensed medical professional. Proof of direct administration or supervision will be required documentation for the specific medical condition. Dental cleaning s that can be anticipated based on past actual bills may be included as medical expense deductions. Necessary and Reasonable Expenses- The PHA will only allow necessary and reasonable medical expenses and may verify the reasonableness of those expenses by obtaining information from third party service professionals. Definition of Medical Expenses HUD regulations define medical expenses at 24 CFR 5.603(b) to mean “m edical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance.” DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -32 PHA Policy The most current IRS Publication 502, Medical and Dental Expenses, will be used as a reference to determine the costs that qualify as medical expenses. Summary of Allo wable Medical Expenses from IRS Publication 502 Services of medical professionals Surgery and medical procedures that are necessary, legal, non-cosmetic Services of medical facilities Hospitalization, long-term care, and in - home nursing services Prescr iption medicines and over-the- counter medications that are prescribed by a doctor ; insulin . Improvements to housing directly related to medical needs (e.g., ramps for a wheel chair, handrails) Substance abuse treatment programs Psychiatric treatment Ambul ance services and some costs of transportation related to medical expenses The cost and care of necessary equipment related to a medical condition (e.g., eyeglasses/lenses, hearing aids, crutches, and artificial teeth) Cost and continuing care of necessary service animals Medical insurance premiums or the cost of a h ealth m aintenance organization (HMO) Note: This chart provides a summary of eligible medical expenses only. Detailed information is provided in IRS Publication 502. Medical expenses are conside red only to the extent they are not reimbursed by insurance or some other source. Families That Qualify for Both Medical and Disability Assistance Expenses PHA Policy This policy applies only to families in which the head, spouse, or cohead is 62 or older or is a person with disabilities. When expenses anticipated by a family could be defined as either medical or disability assistance expenses, the PHA will consider them medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work. 6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] Reasonable expenses for attendant care and auxiliary apparatus for a disabled family member may be deducted if they: (1) are necessary to enable a family member 18 years or older to work, (2) are not paid to a family member or reimbursed by an outside source, (3) in combination with any medical expenses, exceed three percent of annual income , and (4) do not exceed the earned income received by the family member who is enabled to work. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -33 Earned Income Limit on the Disability Assistance Expense Deduction A family can qualify for the disability assistance expense deduction only if at least one family member (who may be the person with disabilities) is enabled to work [24 CFR 5.603(b)]. The disability expense deduction is capped by the amount of “earned income received by family members who are 18 years of age or older and who are able to work” because of the ex pense [24 CFR 5.611(a )(3)(ii)]. The earned income used for this purpose is the amount verified before any earned income disallowances or income exclusions are applied. PHA Policy The family must identify the family members enabled to work as a result of the disability assistan ce expenses. In evaluating the family’s request, the PHA will consider factors such as how the work schedule of the relevant family members relates to the hours of care provided, the time required for transportation, the relationship of the family members to the person with disabilities, and any special needs of the person with disabilities that might determine which family members are enabled to work. When the PHA determines that the disability assistance expenses enable more than one family member to work , the expenses will be capped by the sum of the family members’ incomes. Eligible Disability Expenses Examples of auxiliary apparatus are provided in the HCV Guidebook as follows: “Auxiliary apparatus are items such as wheelchairs, ramps, adaptations to v ehicles, or special equipment to enable a blind person to read or type, but only if these items are directly related to permitting the disabled person or other family member to work” [HCV GB , p. 5-30]. HUD advises PHAs to further define and describe auxiliary apparatus [VG , p. 30]. Eligible Auxiliary Apparatus PHA Policy Expenses incurred for maintaining or repairing an auxiliary apparatus is eligible. In the case of an apparatus that is specially adapted to accommodate a person with disabilities (e.g., a vehicle or computer), the cost to maintain the special adaptations (but not maintenance of the apparatus itself) is an eligible expense. The cost of service animals trained to give assistance to persons with disabilities, including the cost of acquiring t he animal, veterinary care, food, grooming, and other continuing costs of care , will be included. Eligible Attendant Car e The family determines the type of attendant care that is appropriate for the person with disabilities. PHA Policy Attendant care inclu des, but is not limited to, reasonable costs for home medical care, nursing services, in-home or center -based care services, interpreters for persons with hearing impairments, and readers for pe rsons with visual disabilities. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -34 Attendant care expenses will be included for the period that the person enabled to work is employed plus reasonable transportation time . The cost of general housekeeping and personal services is not an eligible att endant care expense . However, if the person enabled to work is the perso n with disabilities, personal services necessary to enable the person with disabilities to work are eligible. If the care attendant also provides other services to the family, the PHA will prorate the cost and allow only that portion of the expenses attrib utable to attendant care that enables a family member to work. For example , if the care provider also cares for a child who is not the person with disabilities, the cost of care must be prorated. Unless otherwise specified by the care provider, the calcula tion will be based upon the number of hours spent in each activity and/or the number of persons under care. Payments to Family Members No disability assistance expenses may be deducted for payments to a member of an assisted family [24 CFR 5.603(b)]. Howev er, expenses paid to a relative who is not a member of the assisted family may be deducted if they are not reimbursed by an outside source. Necessary and Reasonable Expenses The family determines the type of care or auxiliary apparatus to be provided and must describe how the expenses enable a family member to work. The family must certify that the disability assistance expenses are necessary and are not paid or reimbursed by any other source. PHA Policy The PHA determines the reasonableness of the expenses based on typical costs of care or apparatus in the locality. To establish typical costs, the PHA will collect information from organizations that provide services and support to persons with disabilities. A family may present, and the PHA will consider, t he family ’s justification for costs that exceed typical costs in the area. Families That Qualify for Both Medical and Disability Assistance Expenses PHA Policy This policy applies only to families in which the head or spouse is 62 or older or is a person w ith disabilities. When expenses anticipated by a family could be defined as either medical or disability assistance expenses, the PHA will consider them medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -35 6-II.F. CHILD CARE EXPENSE DEDUCTION HUD defines child care expenses at 24 CFR 5.603(b) as “amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is compu ted, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.” Clarifying the Meaning of Child for This Deduction Child care expen ses do not include child support payments made to another on behalf of a minor who is not living in an assisted family’s household [VG, p. 26]. However, child care expenses for foster children that are living in the assisted family’s household are included when determining the family’s child care expenses [HCV GB, p. 5 -29]. Qualifying for the Deduction Determining Who Is Enabled to Pursue an Eligible Activity PHA Policy The family must identify the family member(s) enabled to pursue an eligible activity. The term eligible activity in this section means any of the activities that may make the family eligible for a child care deduction (seeking work, pursuing an education, or being gainfully employed). In evaluating the family ’s request, the PHA will conside r factors such as how the schedule for the claimed activity relates to the hours of care provided, the time required for transportation, the relationship of the family member(s) to the child, and any special needs of the child that might help determine which family member is enabled to pursue an eligible activity. Seeking Work PHA Policy If the child care expense being claimed is to enable a family member to seek employment, the family must provide evidence of the family member ’s efforts to obtain employmen t at each reexamination on a PHA proof of seeking work form. The deduction may be reduced or denied if the family member ’s job search efforts are not commensurate with the child care expense being allowed by the P HA. Furthering Education PHA Policy If the child care expense being claimed is to enable a family member to further his or her education, the member must be enrolled in school (academic or vocational) or participating in a formal training program. The family member is not required to be a DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -36 full -time student, but the time spent in educational activities must be commensurate with the child care claimed. Being Gainful ly Employ ed PHA Policy If the child care expense being claimed is to enable a family member to be gainfully employed, the family must prov ide evidence of the family member ’s employment during the time that child care is being provided. Gainful employment is any legal work activity (full - or part -time) for which a family member is compensated. Earned Income Limit on Child Care Expense Deducti on When a family member looks for work or furthers his or her education, there is no cap on the amount that may be deducted for child care – although the care must sti ll be necessary and reasonable. However, when child care enables a family member to work, the deduction is capped by “the amount of employment income that is included in annual income” [24 CFR 5.603(b)]. The earned income used for this purpose is the amount of earned income verified after any earned income disallowances or income exclusions are applied. When the person who is enabled to work is a person with disabilities who receives the earned i ncome disallowance (EID) or a full -time student whose earned income above $480 is excluded, child care costs related to enabling a family member to wor k may not exceed the portion of the person’s earned income that actually is included in annual income. For example, if a family member who qualifies for the EID makes $15,000 but because of the EID only $5,000 is included in annual income, child care expen ses are limited to $5,000. The PHA must not limit the deduction to the least expensive type of child care. If the care allows the family to pursue more than one eligible activity, including work, the cap is calculated in proportion to the amount of time spent working [HCV GB , p. 5-30]. PHA Policy When the child care expense being claimed is to enable a family member to work, only one family member ’s income will be considered for a given period of time. When more than one family member works during a given p eriod, the PHA generally will limit allowable child care expenses to the earned income of the lowest -paid member. The family may provide information that supports a request to designate another family member as the person enabled to work. Eligible Child Ca re Expenses The type of care to be provided is determined by the assisted family. The PHA may not refuse to give a family the child care expense deduction because there is an adult family member in the household that may be available to provide child care [VG , p. 26]. Allowable Child Care Activities PHA Policy For school-age children, costs attributable to public or private school activities during standard school hours are not considered. Expenses incurred for supervised activities DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -37 after school or during school holidays (e.g., summer day camp, after -school sports league) are allowable forms of child care. The costs of general housekeeping and personal services are not eligible. Likewise, child care expenses paid to a family member who lives in the family’s unit are not eligible; however, payments for child care to relatives who do not live in the unit are eligible. If a child care provider also renders other services to a family or child care is used to enable a family member to conduct activities that are n ot eligible for consideration, the PHA will prorate the costs and allow only that portion of the expenses that is attributable to child care for eligible activities. Unless otherwise specified by the child care provider, the calculation will be based upon the number of hours spent in each activity and/or the number of persons under care. Necessary and Reasonable Costs Child care expenses will be considered necessary if : (1) a family adequately explains how the care enables a family member to work, actively seek employment , or further his or her education, and (2) the family certifies , and the child care provider verifies, that the expenses are not paid or reimbursed by any other source. PHA Policy Child care expenses will be considered for the time required for the eligible activity plus reasonable transportation time. For child care that enables a family member to go to school, the time allowed may include not more than one half study hour for each hour spent in class. To establish the reasonableness of chil d care costs, the PHA will use the schedule of child care costs from the local welfare agency. Families may present , and the PHA will consider, justification for costs that exceed typical costs in the area. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -38 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY 6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS TTP Formula [24 CFR 5.628] HUD regulations specify the formula for calculating the total tenant payment (TTP) for an assisted family . TTP is the highest of the following amounts, rounded to the nearest dollar: • 30 percent of the family’s monthly adjusted income (adjusted income is defined in Part II) • 10 percent of the family’s monthly gross income (annual income, as defined in Part I, divided by 12) • The welfare rent (in as -paid states only) • A minimum rent between $0 and $50 that is established by the PHA The PHA has authority to suspend and exempt families from minimum rent when a financial hardship exists, as defined in section 6-III.B. The amount that a family pays for rent and utilities (the family sha re) will never be less than the family’s TTP but may be greater than the TTP depending on the rent charged for the unit the family selects. Welfare Rent [24 CFR 5.628] PHA Policy Welfare rent does not apply in this locality. Minimum Rent [24 CFR 5.630] PHA Policy The mini mum rent for this locality is $50.00. Family Share [24 CFR 982.305(a)(5)] If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant-paid utilities) that exceeds the PHA’s applicable payment standard : (1) the f amily will pay more than the TTP , and (2) at initial occupancy the PHA will not approve the tenancy if it would require the family share to exceed 40 percent of the family’s monthly adjusted income. COC and HOME programs cannot exceed 30 percent of family’s monthly adjusted income. Income calculated to determine the TTP will be calculated based on income verified when the RTA is issued. The income used for this determination must have been verified no earlier than 60 days before the family’s voucher was iss ued. (For a discussion of the application of payment standards, see section 6 -III.C.) PHA Subsidy [24 CFR 982.505(b)] The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal to the lower of (1) the applicable payment standard for th e family minus the family’s TTP or (2) the gross rent for the family’s unit minus the TTP. (For a discussion of the application of payment standards, see section 6 -III.C.) DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -39 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] When the PHA subsidy fo r a family exceeds the rent to owner, the family is due a utility reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly to the utility provider. PHA Policy The PHA will generally make utility reimbursements to the family , bu t in some instances may elect to directly pay the utility provider. The PHA may make all utility reimbursement payments to qualifying families on a monthly basis or may make quarterly payments when the monthly reimbursement amount is $15.00 or less. Reimbu rsements must be made once per calendar -year quarter and must be prorated if the family leaves the program in advance of its next quarterly reimbursement. The PHA must also adopt hardship policies for families for whom receiving quarterly reimbursement wou ld create a financial hardship. PHA Policy The PHA will issue all utility reimbursements monthly. 6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630] PHA Policy The financial hardship rules described below does apply in this jurisdiction bec ause the PHA has established a minimum rent of $50.00. Overview If the PHA establishes a minimum rent greater than zero, t he PHA must grant an exemption from the minimum rent if a family is unable to pay the minimum rent because of financial hardship. The financial hardship exemption applies only to families required to pay the minimum rent. If a family ’s TTP is higher than the minimum rent, the family is not eligible for a hardship exemption. If the PHA determines that a hardship exists, the family share i s the highest of the remaining components of the family’s calculated TTP. HUD -Defined Financial Hardship Financial hardship includes the following situations : (1) The family has lost eligibility for or is awaiting an eligibility determination for a f ederal , s tate, or local assistance program. This includes a family me mber who is a non citizen lawfully admitted for permanent residence under the Immigration and Nationality Act who would be entitled to public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996. PHA Policy A hardship will be considered to exist only if the loss of eligibility has an impact on the family ’s ability to pay the minimum rent. For a family waiting for a determination of eligibility, the hardship period will end as of the first of the month following: (1) implementation of assistance, if approved, or (2) the DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -40 decision to deny assistance . A family whose request for assistance is denied may request a hardship exemption based upon one of the other allo wable hardship circumstances. (2) The family would be evicted because it is unable to pay the minimum rent. PHA Policy For a family to qualify under this provision, the cause of the potential eviction must be the family ’s failure to pay rent to the owner o r tenant -paid utilities. (3) F amily income has decreased because of changed family circumstances , including the loss of employment. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -41 (4) A death has occurred in the family. PHA Policy In order to qualify under this provision, a family must describe how th e death has created a financial hardship (e.g., because of funeral -related expenses or the loss of the family member ’s income). (5) The family has experienced other circumstances determined by the PHA . PHA Policy The PHA has not established any additional hardship criteria. Implementation of Hardship Exemption Determination of Hardship When a family requests a financial hardship exemption, the PHA must suspend the minimum rent requirement beginning the first of the month following the family’s request. Th e PHA then determines whether the financial hardship exists and whether the hardship is temporary or long-term. PHA Policy The PHA defines temporary hardship as a hardship expected to last 90 days or less. Long -term hardship is defined as a hardship expected to last more than 90 days. When the minimum rent is suspended, the family share reverts to the highest of the remaining components of the calculated TTP. The example below demonstrates the effect of the minimum rent exemption. Example: Impact of Minimum Rent Exemption Assume the PHA has established a minimum rent of $50 . Family Share – No Hardship Family Share – With Hardship $0 $15 N/A $50 30% of monthly adjusted income 10% of monthly gross income Welfare r ent Minimum r ent $0 $15 N/A $50 30% of month ly adjusted income 10% of monthly gross income Welfare r ent Minimum r ent Minimum rent applies. TTP = $50 Hardship exemption granted. TTP = $15 PHA Policy To qualify for a hardship exemption, a family must submit a request for a hardship exemption in writ ing. The request must explain the nature of the hardship and how 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. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -42 The PHA will make the determination of hardship within 30 calendar days. No Financial Hardship If the PHA determines there is no financial hardship, the PHA will reinstate the minimum rent and require the family to repay the amounts suspended. PHA Policy The PHA will require the family to repay the suspended amount within 30 calendar days of the PHA’s notice that a hardship exemption has not been granted. Temporary Hardship If the PHA determines that a qualifying financial h ardship is temporary, the PHA must suspend the minimum rent for the 90 -day period beginning the first of the month following the date of the family ’s request for a hardship exemption. At the end of the 90-day suspension period, the family must resume paym ent of the minimum rent and must repay the PHA the amounts suspended. HUD requires the PHA to offer a reasonable repayment agreement, on terms and conditions established by the PHA. The PHA also may determine that circumstances have changed and the hardshi p is now a long-term hardship. PHA Policy The PHA will enter into a repayment agreement in accordance with the procedures found in Chapter 16 of this plan. Long -Term Hardship If the PHA determines that the financial hardship is long -term, the PHA must exempt the family from the minimum rent requirement for so long as the hardship continues. The exemption will apply from the first of the month following the family ’s request until the end of the qualifying hardship. When the financial hardship has been determined to be long-term, the family is not required to repay the minimum rent. PHA Policy The hardship period ends when any of the following circumstances apply: (1) At an interim or annual reexamination , the family’s calculated TTP is greater than the minim um rent. (2) For hardship conditions based on loss of income, the hardship condition will continue to be recognized until new sources of income are received that are at least equal to the amount lost. For example, if a hardship is approved because a family no longer receives a $60/month child support payment, the hardship will continue to exist until the family receives at least $60/month in income from another source or once again begin s to receive the child support. (3) For hardship conditions based upon hardship-related expenses, the minimum rent exemption will continue to be recognized until the cumulative amount exempted is equal to the expense incurred. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -43 6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505 ; 982.503(b)] Overview The PHA’s schedule of payment standards is used to calculate housing assistance payments for HCV families. This section covers the application of the PHA’s payment standards. The establishment and revision of the PHA’s payment standard schedule are covered in Chapter 1 6. P ayment s tandard is defined as “the maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family)” [24 CFR 982.4(b)]. The payment standard for a family is the lower of (1) the payment standard for the family unit size , which is defined as the appropriate number of bedrooms for the family under the PHA’s subsidy standards [24 CFR 982.4(b)], or (2) the payment standard for the size of the dwelling unit rented by the family. If the PHA has esta blished an exception payment standard for a designated part of an FMR area and a family’s unit is located in the exception area, the PHA must use the appropriate payment standard for the exception area. The PHA is required to pay a monthly housing assistan ce payment (HAP) for a family that is the lower of (1) t he payment standard for the family minus the family’s TTP or (2) t he gross rent for the family’s unit minus the TTP . If during the term of the HAP contract for a family’s unit, the owner lowers the rent, the PHA will recalculate the HAP using the lower of the initial payment standard or the gross rent for the unit [HCV GB , p. 7-8]. For Deed Restricted Affordable Housing Payment Standard information, see Chapter 16 II B. Changes in P ayment Standards When the PHA revises its payment standards during the term of the HAP contract for a family’s unit, it will apply the new payment standards in accordance with HUD regulations. Decreases If the amount on the payment standard schedule is decreased during the term of the contract, the lower payment standard generally will be used beginning at the effective date of the family’s second regular reexamination following the effective date of the decrease in the payment standard. The PHA will determine the payment stan dard for the family as follows: Step 1: At the first regular reexamination following the decrease in the payment standard, the PHA will determine the payment standard for the family using the lower of the payment standard for the family unit size or the size of the dwelling unit rented by the family. Step 2: The PHA will compare the payment standard from step 1 to the payment standard last used to calculate the monthly housing assi stance payment for the family. The payment standard used by the PHA at the fi rst regular reexamination following the decrease in the payment standard will be the higher o f these two payment standards. The PHA will advise the family that the application of the lower payment standard will be deferred until the second regular reexamination following the effective date of the decrease in the payment standard. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -44 Step 3: At the second regular reexamination following the decrease in the payment standard, the lower payment standard will be used to calculate the monthly housing assistance payment for the family unless the PHA has subsequently increased the payment standard, in which case the payment standard will be determined in accordance with procedures for increases in payment standard s described below. Increase s If the payment standard is increased during the term of the contract, the increased payment standard will be used to calculate the monthly housing assistance payment for the family beginning on the effective date of the family’s first regular reexamination on or after the effective date of the increase in the payment standard. Families requiring or requesting interim reexaminations will not have their HAP payments calculated using the higher payment standard until their next annual reexamination [HCV GB , p. 7-8]. Changes in F amily U nit S ize Irrespective of any increase or decrease in the payment standard, if the family unit size increases or decreases during the contract term, the new family unit size must be used to determine the payment standard for the family within 12 months of t he change in family size in accordance with Chapter 5 Part II of this plan. Reasonable Accommodation If a family requires a higher payment standard as a reasonable accommodation for a family member who is a person with disabilities , the PHA is allowed to e stablish a higher payment standard for the family within the basic range of not more than 120 percent of the published FMR . 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517] Overview A PHA -established utility allowance schedule is used in determining fa mily share and PHA subsidy. The PHA must use the appropriate utility allowance for the size of dwelling unit actually leased by a family rather than the voucher unit size for which the family qualifies using PHA subsidy standards , whichever is the lower of the two . See Chapter 5 for information on the PHA ’s subsidy standards. For policies on establishing and updating utility allowances, see Chapter 16. Reasonable Accommodation HCV program regulations require a PHA to approve a utility allowance amount higher than shown on the PHA’s schedule if a higher allowance is needed as a reasonable accommodation for a family member with a disability. For example, if a family member with a disability requires such an accommodation, the PHA will approve an allowance for air -conditioning, even if the PHA has determined that an allowance for air -conditioning generally is not needed. The family must request the higher allowance and provide the PHA with an explanation of the need for the reasonable accommodation and information about the amount of additional allowance required [HCV GB , p. 18-8]. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -45 Utility Allowance Revisions At reexamination, the PHA must use the PHA current utility allowance schedule [24 CFR 982.517(d)(2)]. PHA Policy Revised utility allowances will be applied to a family ’s rent and subsidy calculations at the first annual reexamination that is effective after the allowance is adopted. 6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] HUD regulations prohibit assistance to ineligible family members . A mixed family is one that includes at least one U.S. citizen or eligible immigrant and any number of ineligible family members. The PHA must prorate the assistance provided to a mixed family. The PHA will first determine assistance as if all family memb ers were eligible and then prorate the assistance based upon the percentage of family members that actually are eligible. For example, if the PHA subsidy for a family is calculated at $500 and two of four family members are ineligible, the PHA subsidy would be reduced to $250. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -46 EXHIBIT 6 -1: ANNUAL INCOME INCLUSIONS 24 CFR 5.609 (a) Annual income means all amounts, monetary or not, which: (1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissio ns, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in dete rmining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight - line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; (3) Interest, dividends, and other net income of any kind from real or personal property. Ex penditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an inves tment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derive d from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump- sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Pa yments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -47 (6) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: (A) Qualify as assistance under the TANF program definition at 45 CFR 260.31 1 ; and (B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amoun t of welfare assistance income to be included as income shall consist of: (A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. (7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowan ces of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section) 1 Text of 45 CFR 260.31 follows. (9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except th at financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, “financial assistance” does not include loan proceeds for the purpose of determining income. HHS DEFINITION OF "ASSISTANCE" 45 CFR: G ENERAL T EMPORARY A SSISTANCE FOR N EEDY F AMILIES 260.31 What does the term “assistance” mean? (a)(1) The term “assistance” includes cash, payments, vouchers, and other forms of benefits designed to meet a fam ily’s ongoing basic needs (i.e., for food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses). (2) It includes such benefits even when they are: (i) Provided in the form of payments by a TANF agency, or oth er agency on its behalf, to individual recipients; and (ii) Conditioned on participation in work experience or community service (or any other work activity under 261.30 of this chapter). DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -48 (3) Except where excluded under paragraph (b) of this section, it also includes supportive services such as transportation and child care provided to families who are not employed. (b) [The definition of “assistance”] excludes: (1) Nonrecurrent, short-term benefits that: (i) Are designed to deal with a specific crisis sit uation or episode of need; (ii) Are not intended to meet recurrent or ongoing needs; and (iii) Will not extend beyond four months. (2) Work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); (3) Supportive services such as child care and transportation provided to families who are employed; (4) Refundable earned income tax credits; (5) Contributions to, and distributions from, Individual Development Accounts; (6) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and (7) Transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k) of [the Social Security] Act, to an individual who is not otherwise receiving assistance. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -49 EXHIBIT 6 -2: ANNUAL INCOME EXCLUSIONS 24 CFR 5.609 (c) Annual income does not include the following: (1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, w ho are unable to live alone); (3) Lump -sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (5) Income of a live-in aide, as defined in Sec. 5.403; (6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire ; (8) (i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside f or use under a Plan to Attain Self -Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of- pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and se rving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defi ned goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -50 (11) Earnings in excess of $480 for each full- time student 18 years old or older (excluding the head of household and spouse); (12) Adopti on assistance payments in excess of $480 per adopted child; (13) [Reserved] (14) Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts , or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or prospective monthly amounts . (15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwel ling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or (17) Amount s specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. [See Section 6 - I.M. for a list of benefits that qualify for this exclusion.] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -51 EXHIBIT 6 -3: TREATMENT OF FAMILY ASSETS 24 CFR 5.603(b) Net Family Assets (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. (2) In c ases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. A ny income distributed from the trust fund shall be counted when determining annual income under Sec. 5.609. (3) In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an app licant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable i n dollar terms. (4) For purposes of determining annual income under Sec. 5.609, the term "net family assets'' does not include the value of a home currently being purchased with assistance under part 982, subpart M of this title. This exclusion is limited to the first 10 years after the purchase date of the home. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -52 EXHIBIT 6 -4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES 24 CFR 5.617 Self-sufficiency incentives for persons with disabilities –Disallowance of increase in annual income. (a) Applicable programs. The disallowance of earned income provided by this section is applicable only to the following programs: HOME Investment Partnership Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part 583); and the Housing Choice Voucher Program (24 CFR part 982).The disallowance of increase in annual income provided by this section is applicable only to the following programs: HOME Investment Partnerships Program (24 CFR part 92); Housing Opportunities for Persons with AIDS (24 CFR part 574); Supportive Housing Program (24 CFR part 583); and the Housing Choice Voucher Program (24 CFR part 982). (b) Definitions. The following definitions apply for purposes of this section. Baseline income . The annual income immediately prior to implementation of the disallowance described in paragraph (c)(1) of this section of a person with disabilities (who is a member of a qualified family). Disallowance . Exclusion from annual income. Previously unemployed includes a person with disabilities who has earned, in the twelve months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage. Qualified family. A family residing in housing assisted under one of the programs listed in paragraph (a) of this section or receiving tenant -based rental assistance under one of the programs listed in paragraph (a) of this section. (1) Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment; (2) Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self -sufficienc y or other job training program; or (3) Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services u nder any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy fami lies (TANF) and Welfare -to -Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance -- provided that the total amount over a six -month period is at least $500. (c) Disallowance of increase in annual income— (1) Initial twelve month exclusion. During the 12-month period beginning on the date a member who is a person with disabilities of a qualified family is first employe d or the family first experiences an increase in annual income attributable to employment, the responsible entity must exclude from annual income (as defined in the regulations governing the applicable program listed in paragraph (a) of this section) of a qualified family any increase DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -53 in income of the family member who is a person with disabilities as a result of employment over prior income of that family member.During the cumulative twelve month period beginning on the date a member who is a person with d isabilities of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the responsible entity must exclude from annual income (as defined in the regulations governing the applicable prog ram listed in paragraph (a) of this section) of a qualified family any increase in income of the family member who is a person with disabilities as a result of employment over prior income of that family member. (2) Second twelve -month exclusion and phase- in. Upon expiration of the 12-month period defined in paragraph (c)(1) of this section and for the subsequent 12-month period, the responsible entity must exclude from annual income of a qualified family at least 50 percent of any increase in income of such family member as a result of employment over the family member’s baseline income.During the second cumulative twelve month period after the date a member who is a person with disabilities of a qualified family is first employed or the family first experiences an increase in annual income attributable to employment, the responsible entity must exclude from annual income of a qualified family fifty percent of any increase in income of such family member as a result of employment over income of that family member prior to the beginning of such employment. (3) Maximum 2 -year disallowance. The disallowance of increased income of an individual family member who is a person with disabilits as provided in paragraph (c)(1) or (c)(2) of this section si limited to a lifetime 24-month period. The disallowance applies for a maximum of 12 months for disallowance under paragraph (c)(1) of this section and a maximum of 12 months for disallowance under paragraph (c)(2) of this section, during the 24-month period starting from the initial exclusion under paragraph (c)(1) of this section. (4)Effect of changes on currently participating families. Families eligible for and participating in the disallowance of earned income under this section prior to May 9, 2016 will continue to be governed by this section in effect as it existed immediately prior to that date (see 24 CFR parts 0 to 199, revised as of April 1, 2016).Maximum four year disallowance. The disallowance of increased income of an individual family member who is a person with disabilities as provided in paragraph (c)(1) or (c)(2) is limited to a lifetime 48 month period. The disallowance only applies for a maximum of twelve months for disallowance under paragraph (c)(1) and a maximum of twelve months for disallowance under paragraph (c)(2), during the 48 month period starting from the initial exclusion under paragraph (c)(1) of this section. (d) Inapplicability to admission. The disallowance of increases in income as a result of employment of persons with disabilities under this section does not apply for purposes of admission to the program (including the determination of income eligibility or any income targeting that may be applicable). DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -54 EXHIBIT 6 -5: THE EFFECT OF WELFARE BENEFIT REDUCTION 24 CFR 5.615 Public housi ng program and Section 8 tenant-based assistance program: How welfare benefit reduction affects family income. (a) Applicability. This section applies to covered families who reside in public housing (part 960 of this title) or receive Section 8 tenant -ba sed assistance (part 982 of this title). (b) Definitions. The following definitions apply for purposes of this section: Covered families. Families who receive welfare assistance or other public assistance benefits ("welfare benefits'') from a State or other public agency ("welfare agency'') under a program for which Federal, State, or local law requires that a member of the family must participate in an economic self -sufficiency program as a condition for such assistance. Economic self -sufficiency program . See definition at Sec. 5.603. Imputed welfare income. The amount of annual income not actually received by a family, as a result of a specified welfare benefit reduction, that is nonetheless included in the family's annual income for purposes of determinin g rent. Specified welfare benefit reduction. (1) A reduction of welfare benefits by the welfare agency, in whole or in part, for a family member, as determined by the welfare agency, because of fraud by a family member in connection with the welfare progra m; or because of welfare agency sanction against a family member for noncompliance with a welfare agency requirement to participate in an economic self -sufficiency program. (2) "Specified welfare benefit reduction'' does not include a reduction or termination of welfare benefits by the welfare agency: (i) at expiration of a lifetime or other time limit on the payment of welfare benefits; (ii) because a family member is not able to obtain employment, even though the family member has complied with welfare ag ency economic self -sufficiency or work activities requirements; or (iii) because a family member has not complied with other welfare agency requirements. (c) Imputed welfare income. (1) A family's annual income includes the amount of imputed welfare income (because of a specified welfare benefits reduction, as specified in notice to the PHA by the welfare agency), plus the total amount of other annual income as determined in accordance with Sec. 5.609. (2) At the request of the PHA, the welfare agency will inform the PHA in writing of the amount and term of any specified welfare benefit reduction for a family member, and the reason for such reduction, and will also inform the PHA of any subsequent changes in the term or amount of such specified welfare benef it reduction. The PHA will use this information to determine the amount of imputed welfare income for a family. (3) A family's annual income includes imputed welfare income in family annual income, as determined at the PHA's interim or regular reexaminatio n of family income and composition, during the term of the welfare benefits reduction (as specified in information provided to the PHA by the welfare agency). DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -55 (4) The amount of the imputed welfare income is offset by the amount of additional income a famil y receives that commences after the time the sanction was imposed. When such additional income from other sources is at least equal to the imputed (5) The PHA may not include imputed welfare income in annual income if the family was not an assisted reside nt at the time of sanction. (d) Review of PHA decision. (1) Public housing. If a public housing tenant claims that the PHA has not correctly calculated the amount of imputed welfare income in accordance with HUD requirements, and if the PHA denies the fam ily's request to modify such amount, the PHA shall give the tenant written notice of such denial, with a brief explanation of the basis for the PHA determination of the amount of imputed welfare income. The PHA notice shall also state that if the tenant do es not agree with the PHA determination, the tenant may request a grievance hearing in accordance with part 966, subpart B of this title to review the PHA determination. The tenant is not required to pay an escrow deposit pursuant to Sec. 966.55(e) for the portion of tenant rent attributable to the imputed welfare income in order to obtain a grievance hearing on the PHA determination. (2) Section 8 participant. A participant in the Section 8 tenant-based assistance program may request an informal hearing, i n accordance with Sec. 982.555 of this title, to review the PHA determination of the amount of imputed welfare income that must be included in the family's annual income in accordance with this section. If the family claims that such amount is not correctl y calculated in accordance with HUD requirements, and if the PHA denies the family's request to modify such amount, the PHA shall give the family written notice of such denial, with a brief explanation of the basis for the PHA determination of the amount of imputed welfare income. Such notice shall also state that if the family does not agree with the PHA determination, the family may request an informal hearing on the determination under the PHA hearing procedure. (e) PHA relation with welfare agency. (1 ) The PHA must ask welfare agencies to inform the PHA of any specified welfare benefits reduction for a family member, the reason for such reduction, the term of any such reduction, and any subsequent welfare agency determination affecting the amount or te rm of a specified welfare benefits reduction. If the welfare agency determines a specified welfare benefits reduction for a family member, and gives the PHA written notice of such reduction, the family's annual incomes shall include the imputed welfare inc ome because of the specified welfare benefits reduction. (2) The PHA is responsible for determining the amount of imputed welfare income that is included in the family's annual income as a result of a specified welfare benefits reduction as determined by the welfare agency, and specified in the notice by the welfare agency to the PHA. However, the PHA is not responsible for determining whether a reduction of welfare benefits by the welfare agency was correctly determined by the welfare agency in accordance with welfare program requirements and procedures, nor for providing the opportunity for review or hearing on such welfare agency determinations. (3) Such welfare agency determinations are the responsibility of the welfare agency, and the family may seek appeal of such determinations through the welfare agency's normal due process procedures. The PHA shall be entitled to rely on the welfare agency notice to the PHA of the welfare agency's determination of a specified welfare benefits reduction. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -56 EXHIBIT 6 -6 : SAVINGS NATIONAL RATE Current Savings National Rate in effect at the time the PHA established its passbook rate of .5 On May 29, 2009, the FDIC Board of Directors approved a final rule making ce rtain revisions to the interest rate restrictions applicable to less than well -capitalized institutions under Part 337.6 of the FDIC Rules and Regulations. The final rule redefined the “national rate” as a simple average of rates paid by U.S. depository in stitutions as calculated by the FDIC. The national rates and rate caps for various deposit maturities and sizes are provided below. For more information see Financial Institution Letter FIL -25-2009 Rates updated September 24, 2012 Non -Jumbo Deposits (< $100,000) Deposit Products National Rate 1 Rate Cap 2 Savings 0.08 0.83 Interest Checking 0.05 0.80 Money Market 0.12 0.87 1 month CD 0.07 0.82 3 month CD 0.11 0.86 6 month CD 0.17 0.92 12 month CD 0.26 1.01 24 month CD 0.43 1.1 8 36 month CD 0.58 1.33 48 month CD 0.72 1.47 60 month CD 0.94 1.69 DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 6 -57 Jumbo Deposits (≥ $100,000 ) Deposit Products National Rate 1 Rate Cap 2 Savings 0.08 0.83 Interest Checking 0.05 0.80 Money Market 0.18 0.93 1 month CD 0.08 0.83 3 month CD 0.11 0.86 6 month CD 0.18 0.93 12 month CD 0.27 1.02 24 mo nth CD 0.44 1.19 36 month CD 0.59 1.34 48 month CD 0.73 1.48 60 month CD 0.95 1.70 The FDIC began posting the National Rate and Rate Cap on May 18, 2009. Data is not available prior to May 18, 2009. This historical data can be accessed at Previous Rates 1 National rates are calculated based on a simple average of rates paid (uses annual percentage yield) by all insured depository institutions and branches for which data are ava ilable. Data used to calculate the national rates are gathered by RateWatch. Savings and interest checking account rates are based on the $2,500 product tier while money market and certificate of deposit are based on the $10,000 and $100,000 product tiers for non -jumbo and jumbo accounts, respectively. Account types and maturities published in these tables are those most commonly offered by the banks and branches for which we have data —no fewer than 49,000 locations and as many as 81,000 locations reported. The deposit rates of credit unions are not included in the calculation. 2 The rate cap is determined by adding 75 basis points to the national rate. To determine conformance with the regulation, compare rates offered by the institution, based on size and maturity of the deposit, to the rate caps. For accounts less than $100,000 use the applicable rate cap under the non -jumbo column, and for accounts $100,000 and over, use the rate caps under the jumbo column. Interpolation should be used for deposits with maturities not listed above. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -1 Chapter 7 VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230,] INTRODUCTION The PHA must verify all information that is used to establish the family’s eligibility and level of assistance and is required to obtain written authorization from the fami ly in order to collect the information. Applicants and progr am participants must cooperate with the verification process as a condition of receiving assistance. The PHA must not pass on the cost of verification to the family. The PHA will follow the verifi cation guid ance provided by HUD in Notice and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies . Part I describe s the general verification process . Part II provides more detailed requirements related to family information . Part III provides information income and assets, and Part IV covers mandatory deductions. Verification policies, rules and procedures will be modified as needed to accommodate persons with disabilities. All informat ion obtained through the verification process will be handled in accordance with the records management policies of the PHA. 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. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -2 PART I: GENERAL VERIFICATION REQUIREMENTS 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230] The family mus t supply any information that the PHA or HUD determines is necessary to the administration of the program and must consent to PHA verification of that information [24 CFR 982.551]. Consent Forms It is required that all adult applicants and participants sig n form HUD -9886, Authorization for Release of Information. The purpose of form HUD-9886 is to facilitate automated data collection and computer matching from specific sources and provides the family's consent only for the specific purposes listed on the fo rm. HUD and the PHA may collect information from State Wage Information Collection Agencies (SWICAs) and current and former employers of adult family members. Only HUD is authorized to collect information directly from the Internal Revenue Service (IRS) an d the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family’s eligi bility and level of assistance. Penalties for Failing to Consent [24 CFR 5.232] If any family memb er who is required to sign a consent form fails to do so, the PHA will deny admission to applicants and terminate assistance of participants. The family may request an informal review (applicants) or informal hearing (participants) in accordance with PHA p rocedures . 7-I.B . OVERVIEW OF VERIFICATION REQUIREMENTS HUD’s Verification Hierarchy HUD mandates the use of the EIV system and offers administrative guidance on the use of other methods to verify family information and specifies the circumstances in which each method will be used. In general HUD requires the PHA to use the most reliable form of verification that is available and to document the reasons when the PHA uses a lesser form of verification. PHA Policy In order of priority, the forms of verifica tion that the PHA will use are: • Up -front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system • Up -front Income Verification (UIV) using a non-HUD system • Written Third Party Verification (may be provided by applicant or participant) • Written Third -party Verification Form • Oral Third -party Verification • Self -Certification Each of the verification methods is discussed in subsequent sections below. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -3 Requirements for Acceptable Documents PHA Policy Any d ocuments used for verification mus t be the original (not photocopies) and generally must be dated within 60 days of the date they are provided to the PHA. The documents must not be damaged, altered or in any way illegible. Print -outs from Web pages are considered original documents. The PH A staff member who views the original document must scan the document into the PHA s ecure records retention system. Any family self -certifications must be made in a format acceptable to the PHA and must be signed in the presence of a PHA representative or PHA notary public. File Documentation The PHA must document in the file how the figures used in income and rent calculations were determined. All verification attempts, information obtained, and decisions reached during the verification process will be rec orded in the family’s file in sufficient detail to demonstrate that the PHA has followed all of the verification policies set forth in this plan. The record should be sufficient to enable a staff member or HUD reviewer to understand the process followed and conclusions reached. PHA Policy The PHA will document, in the family file, the following: Reported family annual income Value of assets Expenses related to deductions from annual income Other factors influencing adjusted income When the PHA is unable to obtain third - party verification, the PHA will document in the family file the reason that third -party verification was not available [24 CFR 982.516(a)(2); Notice PIH 2010-19] 7-I.C. UP-FRONT INCOME VERIFICATION (UIV) Up -front income verification (UIV) refers to the PHA’s use of the verification tools available from independent sources that maintain computerized information about earnings and benefits. UIV will be used to the extent that these systems are available to the PHA. T here may be legitimate d ifferences between the information provided by the family and UIV - generated information. If the family disputes the accuracy of UIV data, n o adverse action can be taken until the PHA has independently verified the UIV information and the family has been gr anted an opportunity to contest any adverse findings through the informal review/hearing process of the PHA. See Chapter 6 for the PHA’s policy on the use of UIV/EIV to project annual income. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -4 Upfront Income Verification Using HUD’s Enterprise Income Verifi cation (EIV) System (Mandatory) PHA’s must use HUD’s EIV system in its entirety as a third -party source to verify tenant employment and income information during mandatory reexaminations or recertification of family composition and income in accordance with 24 CFR 5.236 and administrative guidance issued by HUD. The EIV system contains data showing earned income, unemployment benefits, S ocial S ecurity benefits, and SSI benefits for participant families. The following policies apply to the use of HUD’s EIV s ystem. EIV Income Reports The data shown on income reports is updated quarterly. Data may be between 3 and 6 months old at the time reports are generated. PHA Policy The PHA will obtain income reports for annual reexaminations on a monthly basis. Reports w ill be generated as part of the regular reexamination process. Income reports will be compared to family -provided information as part of the annual reexamination process. Income reports may be used in the calculation of annual income, as described in Chapt er 6-I.C . Income reports may also be used to meet the regulatory requirement for third party verification, as described above. Policies for resolving discrepancies between income reports and family -provided information will be resolved as described in Chapter 6-I.C . and in this chapter. Income reports will be used in interim reexaminations to identify any discrepancies between reported income and income shown in the EIV system, and as necessary to verify and calculate earned income, unemployment benefits, S ocial Security and/or SSI benefits . EIV will also be used to verify that families claiming zero income are not receiving income from any of these sources . Income reports will be retained in participant files with the applicable annual or interim reexaminat ion documents. When the PHA determines through income reports and third - party verification that a family has concealed or under-reported income, corrective action will be taken pursuant to the policies in Chapter 14, Program Integrity. EIV Identity Verification The EIV system verifies tenant identities against SSA records. These records are compared to PIC data for a match on S ocial S ecurity number, name, and date of birth. PHAs are required to use EIV’s Identity Verification Report on a monthly basis to improve the availability of income information in EIV [Notice PIH 20 12-10] When identity verification for a participant fails, a message will be displayed within the EIV system and no income information will be displayed. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -5 The PHA will identify participants whose identity verification has failed by reviewing EIV’s Identity Verification Report on a monthly basis . The PHA will attempt to resolve PIC/SSA discrepancies by obtaining appropriate documentation from the participant. When the PHA determi nes that discrepancies exist due to PHA errors such as spelling errors or incorrect birth dates, the errors will be corrected promptly. Upfront Income Verification Using Non -HUD Systems In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront verification sources. PHA Policy The PHA will inform all applicants and participants of its use of the following UIV resources during the admission and reexamination process: HUD’s EIV system The Work Number 7-I.D. THIRD -PARTY WRITTE N AND ORAL VERIFICATION HUD’s current verification hierarchy defines two types of written third-party verification. The more preferable form, “written third -party verification,” consists of an original document generated by a third -party source, which may be received directly from a third -party source or provided to the PHA by the family. If written third-party verification is not available, the PHA must attempt to obtain a “written third -party verification form.” This is a standardized form used to collect information from a third party. Written Third -Party Verification [Notice PIH 2010-19] Written third -party verification documents must be original and authentic and may be supplied by the family or received from a third -party source. Examples of acceptable tenant -provided documents include, but are not limited to: pay stubs, payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification letters, bank statements, child support payment stubs, welfare benefit letters and /or printouts, and unemployment monetary benefit notices. The PHA is required to obtain, at minimum, two current and consecutive pay stubs for determining annual income from wages. The PHA may reject documentation provided by the family if the document is not an original, if the document appears to be forged, or if the document is altered, mutilated, or illegible. PHA Policy Third -party documents provided by the family must be dated within 60 days of the PHA request date. If the PHA determines that third -party documents provided by the family are not acceptable, the PHA will explain the reason to the family and request additional documentation. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -6 As verification of earned income, the PHA will require the family to provide the two most current consecutive pay stubs. Written Third -Party Verification Form When upfront verification is not available and the family is unable to provide written third-party documents, the PHA must request a written third-party verification form. HUD’s position is that this traditional third -party verification method presents administrative burdens and risks which may be reduced through the use of family-provided third-party documents. PHAs may mail, fax, or e -mail third -party written verification form requests to third -party sources. P HA Policy The PHA will send third -party verification forms directly to the third party. Third -party verification forms will be sent when third -party verification documents are unavailable or are rejected by the PHA. Oral Third -Party Verification [Notice P IH 2010-19] For third -party oral verification, PHAs contact sources, identified by UIV techniques or by the family, by telephone or in person. Oral third -party verification is mandatory if neither form of written third -party verification is available. Thir d-party oral verification may be used when requests for written third-party verification forms have not been returned within a reasonable time--e.g., 10 business days. PHAs should document in the file the date and time of the telephone call or visit, the n ame of the person contacted, the telephone number, as well as the information confirmed. PHA Policy In collecting third -party oral verification, PHA staff will record in the family’s file the name and title of the person contacted, the date and time of the conversation (or attempt), the telephone number used, and the facts provided. When any source responds verbally to the initial written request for verification the PHA will accept the verbal res p onse as oral verification but will also request that the so urce complete and return any verification forms that were provided. When Third -Party Verification is Not Required [Notice PIH 2010-19] Third -party verification may not be available in all situations. HUD has acknowledged that it may not be cost-effective o r reasonable to obtain third-party verification of income, assets, or expenses when these items would have a minimal impact on the family’s total tenant payment. PHA Policy If the family cannot provide original documents, the PHA will pay the service char ge required to obtain third-party verification, unless it is not cost effective in which case a DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -7 self -certification will be acceptable as the only means of verification. The cost of verification will not be passed on to the family. The cost of postage and envelopes to obtain third-party verification of income, assets, and expenses is not an unreasonable cost [VG, p. 18]. Primary Documents Third -party verification is not required when legal documents are the primary source, such as a birth certificate or othe r legal documentation of birth. Imputed Assets HUD permits PHAs to accept a self -certification from a family as verification of assets disposed of for less than fair market value [HCV GB, p. 5-28]. PHA Policy The PHA will accept a self -certification from a family as verification of assets disposed of for less than fair market value. Value of Assets and Asset Income [24 CFR 982.5169(a)] For families with net assets totaling $5,000 or less, the PHA may accept the family ’s declaration of asset value and antic ipated asset income. However, the PHA is required to obtain third-part verification of all assets regardless of the amount during the intake process and at least every three years thereafter. PHA Policy For families with net assets totaling $5,000 or less, the PHA will accept the family ’s self - certification of the value of family assets and anticipated asset income when applicable. The family’s declaration must show each asset and the amount of income expected from that asset. All family members 18 years of age and older must sign the family’s declaration. The PHA will use third -party documentation for assets as part of the intake process, whenever a family member is added to verify the individual’s assets, and every three years thereafter. 7-I.E . SELF -CERTIFICATION When HUD requireds third-party verification, Ss elf -certification, or “tenant declaration,” is used as a last resort when the PHA is unable to obtain third-party verification. Self -certificaion, however, is an acceptable form of verification when: • A source of income is fully excluded • Net family assets total $5,000 or less and the PHA has adopted a policy to accept self - certification at annual recertification, when applicable DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -8 • The PHA has adopted a policy to implement streamlined annual recertificatio ns for fixed sources of income (See Chapter 11) When the PHA was required to obtain third-party verification but instead relies on a tenant declaration for verification of income, assets, or expenses, the family’s file must be documented to explain why th ird -party verification was not available. PHA Policy When information cannot be verified by a third party or by review of documents, family members will be required to submit self -certifications attesting to the accuracy of the information they have provided to the PHA. The PHA may require a family to certify that a family member does not receive a partic ular type of income or benefit. The self -certification must be made in a format acceptable to the PHA and must be signed by the family member whose infor mation or status is being verified. All self - certifications must be signed in the presence of a PHA representative or PHA notary public. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -9 PART II: VERIFYING FAMILY INFORMATION 7-II.A. VERIFICATION OF LEGAL IDENTITY PHA Policy The PHA will require families to furnish verification of legal identity for each household member. Verification of Legal Identity for Adults Verification of Legal Identity for Children Certificate of birth, naturalization papers Church issued baptismal certificate Current, valid drive r's license or Department of Motor Vehicles identification card U.S. military discharge (DD 214) Current U.S. passport Current e mployer identification card Certificate of birth Adoption papers Custody agreement Health and Human Services ID Certified s chool records If a document submitted by a family is illegible for any reason or otherwise questionable, more than one of these documents may be required. If none of these documents can be provided and at the PHA’s discretion , a third party who knows the person may attest to the person’s identity. The certification must be provided in a format acceptable to the PHA and be signed in the presence of a PHA representative or PHA notary public. Legal identity will be verified for all applicants at the time of eligibility determination and in cases where the PHA has reason to doubt the identity of a person representing him or herself to be a participant . 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10] The family must provide documentation of a valid social security number (SSN) for each member of the household, with the exception of noncitizen individuals who do not claim eligible immigration status. Exemptions also include, existing program participants who were at least 62 years of age as of Janua ry 31, 2010, and had not previously disclosed an SSN. Note that an individual who previously declared to have eligible immigration status may not change his or her declaration for the purpose of avoiding compliance with the SSN disclosure and documentation requirements or penalties associated with noncompliance with these requirements. Nor may the head of household opt to remove a household member from the family composition for this purpose. The PHA must accept the following documentation as acceptable evidence of the social security number: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -10 An original SSN card issued by the Social Security Administration (SSA) An original SSA -issued document, which contains the name and SSN of the individual An original document issued by a federal, state, or local gove rnment agency, which contains the name and SSN of the individual The PHA may only reject documentation of an SSN provided by an applicant or participant if the document is not an original document or if the original document has been altered, mutilated, is illegible , or appears to be forged. PHA Policy The PHA will explain to the applicant or participant the reasons the document is not acceptable and request that the individual obtain and submit acceptable documentation of the SSN to the PHA within 90 days. In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the required documentation must be provided within 90 calendar days from the date of admission into the program. The PHA must grant one additional 90-day extension if it determines that the applicant’s failure to comply was due to circumstance that were beyond the applicant’s control and could not have been reasonable foreseen. PHA Policy The PHA will grant one additional 90-day extension if needed for reasons beyond the partic ipant’s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency. If the individual fails to comply with SSN disclosure and documentation requirements upon expiration of the provi ded time period, the PHA will terminate the individual’s assistance. If an applicant family includes a child under 6 years of age who joined the household within the 6 months prior to the date of voucher issuance, an otherwise eligible family may be admitted to the program and the family must provide documentation of the child’s SSN within 90 days of the effective date of the initial HAP contract . A 90 -day extension will be granted if the PHA determines that the participant’s failure to comply was due to un foreseen circumstances and was outside of the participant’s control. PHA Policy The PHA will grant one additional 90-day extension if needed for reasons beyond the applicant ’s control, such as delayed processing of the SSN application by the SSA, natural d isaster, fire, death in the family, or other emergency. When a participant requests to add a new household member who is at least 6 years of age, or who is under the age of 6 and has an SSN, the participant must provide the complete and accurate SSN assigned to each new member at the time of reexamination or recertification, in addition to the documentation required to verify it. The PHA may not add the new household member until such documentation is provided. When a participant requested to add a new household member who is under the age of 6 and has not been assigned an SSN, the participant must provide the SSN assigned to each new child and the required documentation within 90 calendar days of the child being added to the household. A 90-day extension wi ll be granted if the PHA determines that the participant’s failure to comply DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -11 was due to unforeseen circumstances and was outside of the participant’s control. During the period the PHA is awaiting documentation of the SSN, the child will be counted as part of the assisted household. PHA Policy The PHA will grant one additional 90-day extension if needed for reasons beyond the participant’s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or o ther emergency. Social security number must be verified only once during continuously-assisted occupancy. PHA Policy The PHA will verify each disclosed SSN by: Obtaining documentation from applicants and participants that is acceptable as evidence of social security numbers Scanning the original documentation submitted, returning it to the individual, and retaining it in the file folder. Once the individual’s verification status is classified as “verified” the PHA may, at its discretion, remove and destroy copies of documentation accepted as evidence of social security numbers. The retention of the EIV Summary Report or Income Report is adequate documentation of an individual’s SSN. PHA Policy Once an individual’s status is classified as “verified” in HUD’s EIV system, the PHA will remove and destroy copies of documentation accepted as evidence of social security numbers. For every family member age 6 or older, the family must provide documentation of a valid s ocial s ecurity n umber (SSN), or a self -certificat ion stating that no SSN has been issued. The self - certification must be executed personally by any family member 18 or older, or by a parent or guardian for a minor. If the family reports a n SSN but cannot provide acceptable documentation of the number, t he PHA will require a self -certification stating that documentation of the SSN cannot be provided at this time. The PHA will require documentation of the SSN within 60 calendar days from the date of the family member’s self -certification mentioned above. I f the family is an applicant, assistance cannot be provided until proper documentation of the SSN is provided. PHA Policy The PHA will instruct the family to obtain a duplicate card from the local Social Security Administration (SSA) office. For individuals who are at least 62 years of age and are unable to submit the required documentation of their SSN within the initial 60 -day period, the PHA will grant an additional 60 calendar days to provide documentation. Social security numbers must be verified only once during continuously-assisted occupancy. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -12 If any family member obtains a n SSN after admission to the program, the new SSN must be disclosed at the next regularly scheduled reexamination. In addition, if a child reaches the age of 6 and has no SSN, the p arent or guardian must execute a self -certification stating that the child has no SSN at the next regularly scheduled reexamination . The social security numbers of household members, such as live-in aids, must be verified for the purpose of conducting criminal background checks. If a family is unable to provide 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-II.C. DOCUMENTATION OF AGE A birth certificate or other official record of birth is the preferred form of age verification for all family members. For elderly family members an or iginal document that provides evidence of the receipt of social security retirement benefits is acceptable. PHA Policy If an official record of birth or evidence of social security retirement benefits cannot be provided, the PHA will require the family to submit other documents that support the reported age of the family member (e.g., school records, driver's license if birth year is recorded) and to provide a self-certification. Age must be verified only once during continuously-assisted occupancy. 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 PHA will grant the family an extension of at least 90 days in order to permit the family to obtain replacement documentation. 7-II.D. FAMILY RELATIONSHIPS Applicants and program participants are required to identify the relationship of each household member to the head of household. Definitions of the primary household relationships are provided in t he Eligibility chapter. PHA Policy Family relationships are verified only to the extent necessary to determine a family’s eligibility and level of assistance. Certification by the head of household normally is sufficient verification of family relationshi ps. Marriage PHA Policy Certification by the head of household is normally sufficient verification. If the PHA has reasonable doubts about a marital relationship, the PHA will require the family to document the marriage. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -13 A marriage certificate generally is required to verify that a couple is married. Separation or Divorce PHA Policy Certification by the head of household is normally sufficient verification. If the PHA has reasonable doubts about a separation or divorce, the PHA will require the family to provide documentation of the divorce, or separation. A certified copy of a divorce decree, signed by a court officer, is required to document that a couple is divorced. A copy of a court-ordered maintenance or other court record is required to document a separation. If no court document is available, documentation from a community-based agency will be accepted. Absence of Adult Member PHA Policy If an adult member who was formerly a member of the household is reported to be permanently absent, the family must provide , at a minimum, two forms of evidence to support that the person is no longer a member of the family (e.g., documentation of another address at which the person resides such as a lease , u tility bill , or driver’s license ). In addition the PHA wi ll require a signed/notarized statement from the family confirming that the person is not residing in the unit including the understanding of the HUD rules regarding unauthorized occupancy. Foster Children and Foster Adults PHA Policy Third -party verifica tion from the state or local government agency responsible for the placement of the individual with the family is required. 7-II.E . VERIFICATION OF STUDENT STATUS General Requirements PHA Policy The PHA requires families to provide information about the student status of all full -time students who are 18 years of age or older. This information will be verified only if: The family reports full -time student status for an adult other than the head, spouse, or co-head if family member is employed. The family r eports child care expenses to enable a family member to further his or her education. The family includes an adult student enrolled in an institution of higher education. If the full-time adult student has employment income. Verification of full -time student status includes: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -14 • Written verification from the registrar’s office indicating enrollment for sufficient number of credits to be considered a full-time student by the educational institution . Full-time student status will be verified at each certification. Failure to complete the required college units will result in the loss of full-time student status. • Head of Household will be required to complete a Notice of Student Status form at each certification. • Certified college transcripts to verify completion of college units . • If the student has part-time enrollment status in more than one educational institution, the units may be combined to achieve full-time student status. Restrictions on Assistance to Students Enrolled in Institutions of Higher Education Thi s section applies only to students who are seeking assistance on their own, separately from their parents. It does not apply to students residing with parents who are seeking or receiving HCV assistance. PHA Policy In accordance with the verification hierarchy described in Section 7 -1.B, the PHA will determine whether the student is exempt from the restrictions in 24 CFR 5.612 by verifying any one of the following exemption criteria: The student is enrolled at an educational institution that does not meet t he definition of institution of higher education in the Higher Education Act of 1965 (see Section Exhibit 3 -2). The student is at least 24 years old. The student is a veteran, as defined in Section 3-II.E. The student is married. The student has at least o ne dependent child, as defined in Section 3-II.E. The student is a person with disabilities, as defined in Section 3-II.E, and was receiving assistance prior to November 30, 2005. If the PHA cannot verify at least one of these exemption criteria, the PHA w ill conclude that the student is subject to the restrictions on assistance at 24 CFR 5.612. In addition to verifying the student’s income eligibility, the PHA will then proceed to verify either the student’s parents’ income eligibility (see Section 7 -III.J ) or the student’s independence from his/her parents (see below). Independent Student PHA Policy The PHA will verify a student’s independence from his/her parents to determine that the student’s parents’ income is not relevant for determining the student’s eligibility by doing all of the following: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -15 Re viewing and verifying previous address information to determine whether the student has established a household separate from his/her parents for at least one year or reviewing and verifying documentation relev ant to determining whether the student meets the U.S. Department of Education’s definition of independent student (see Section 3 -II.E) Reviewing prior year income tax returns to verify whether a parent has claimed the student as a dependent Requesting and obtaining written certification directly from the student’s parents identifying the amount of support they will be providing to the student, even if the amount of support is $0. 7-II.F . DOCUMENTATION OF DISABILITY The PHA must verify the existence of a disability in order to allow certain income disallowances and deductions from income. The PHA is not permitted to inquire about the nature or extent of a person’s disability [24 CFR 100.202(c)]. The PHA may not inquire about a person’s diagnosis or details of treatment for a disability or medical condition. If the PHA receives a verification document that provides such information, the PHA will not place this information in the tenant file. Under no circumstances will the PHA request a participant’s medical re cord(s). For more information on health care privacy laws, see the Department of Health and Human Services’ website at http://www.hhs.gov/ocr/privacy. The above cited regulation does not prohibit the following inquiries, provided these inquiries are made o f all applicants, whether or not they are persons with disabilities [VG, p. 24]: • Inquiry into an applicant’s ability to meet the requirements of ownership or tenancy • Inquiry to determine whether an applicant is qualified for a dwelling available only to pe rsons with disabilities or to persons with a particular type of disability • Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons wi th a particular type of disability • Inquir ing whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance • Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance Family Members Receiving SSA Disa bility Benefits Verification of the receipt of disability benefits from the Social Security Administration (SSA ) is sufficient verification of disability for the purpose of qua lifying for waiting list preferences (if applicable) or certain income disallowa nces and deductions [VG, p. 23]. PHA Policy For family members claiming disability who receive disability benefits from the SSA, the PHA will attempt to obtain information about disability benefits through the HUD Enterprise Income Verification (EIV) syste m. If documentation from HUD’s EIV System is not available, the PHA will request a current (dated within the last 60 days) SSA benefit verification letter from each family member claiming disability status. If the DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -16 family is unable to provide the document(s ), the PHA will ask the family to request a benefit verification letter by either calling SSA at 1 -800-772-1213, or by requesting it from www.ssa.gov . Once the applicant or participant receives the benefit verification l etter they will be required to provide it to the PHA . Family Members Not Receiving SSA Disability Benefits Receipt of veteran’s disability benefits, worker’s compensation, or other non-SSA benefits based on the individual’s claimed disability are not suff icient verification that the individual meets HUD’s definition of disability in 24 CFR 5.403. PHA Policy For family members claiming disabil ity who do not receive disability benefits from the SSA, a knowledgeable professional must provide third-party ver ification that the family member meets the HUD definition of disability . See the Eligibility chapter for the HUD definition of disability. The knowledgeable professional will verify whether the family member does or does not meet the HUD definition. 7-II.G . CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] Overview Housing assistance is not available to persons who are not citizens, nationals, or eligible immigrants . Prorated assistance is provided for "mixed families" containing both eligible and ineligible persons. A detailed discussion of eligibility requirements is in the Eligibility chapter . This verifications chapter discusses HUD and PHA verification requirements related to citizenship status. The family must provide a certification that iden tifies each family member as a U.S. citizen, a U.S. national, an eligible noncitizen or an ineligible noncitizen and submit the documents discussed below for each family member. Once eligibility to receive assistance has been verified for an individual it need not be collected or verified again during continuously assisted occupancy. [24 CFR 5.508(g)(5)] If a family is unable to provide documentation of immigration status for any of the household members due to domestic violence, dating violence, sexual ass ault, 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. During the eligible immigration status verification process, SMHA will provide appropriate language assis tance for LEP applicants and program participants, including interpretation services and translation of any vital documents, in accordance with the SMHA LEP Plan. U.S. Citizens and Nationals HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The declaration must be signed personally by any family member 18 or older and by a guardian for mi nors. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -17 The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passp ort or other appropriate documentation. PHA Policy The PHA requires all adult applicant family members to submit verification of their citizenship. All families will be notified of the requirement to submit evidence of their citizenship status when they apply. If evidence cannot reasonably be provided by the family, the PHA may accept a signed declaration from all family members as verification of citizenship, unless the PHA receives credible information indicating that an individual’s declaration may not be accurate. The PHA may utilize third party verification of citizenship if available. Eligible Immigrants Documents Required All family members claiming eligible immigration status must declare their status in the same manner as U.S. citizens and nationals. The documentation required for eligible noncitizens varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, age, and the date on which the family began receiving HUD -funded assistance. Exhibit 7-1 at the end of this chapter summarizes documents family members must provide. PHA Verification [HCV GB, p p. 5-3 and 5-7] For family members age 62 or older who claim to be eligible immigrants , proof of age is required i n the manner described in 7 -II.C. of this plan. No further verification of eligible immigration status is required. For family members under the age of 62 who claim to be eligible immigrants , the PHA must verify immigration status with the United States Ci tizenship and Immigration Service s (USCIS ). The PHA will follow all USCIS protocols for verification of eligible immigration status. 7-II.H. VERIFICATION OF PREFERENCE STATUS The PHA must verify any preferences claimed by an applicant that determined pla cement on the waiting list . PHA Policy Displacement Preference : Families who claim they are being or have been displaced due to a disaster, government action, an eviction pursuant to the Ellis Act , Civil Code section 798.56(g) of the Mobile Home Residency Law, or owner/relative occupancy from a rent controlled unit under Section 1806(a)(8) of the Santa Monica Rent Control Amendment must provide written verification by the displacing unit or agency of government, or by a service agency such as the Red Cross or FEMA. The P HA must also verify that the family has not yet relocated to standard replacement housing. The verification should be provided by the displacing entity. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -18 Residency Preference: I n order to verify that an applicant is a resident, the PHA will require the following documents: rent receipts, lease, utility bills, employer or agency records, school records, driver ’s license s , or voters registration records to verify resid ency. For families who have been hired to work in Santa Monica, a statement from the employer will be required. The employed family member must work at least 36 hours weekly in Santa Monica . In order to qualify for a residential preference, homeless applicants must be on the service registry as established by the City of Santa Monica and must have become homeless in Santa Monica. Military Preference : The P HA uses U.S. government documents as proof of status as current member of the military, veteran, or surviving spouse of veteran. To qualify as a surviving spouse, the person must have been married to the veteran at the time of the veteran’s death. Singles Preference : In order to veri fy a preference of a single applicant (1 person household) the PHA will require the following, v erification of age may be a birth certificate, receipt of Social Security Old Age benefits, receipt of other age -determined benefits, baptismal certificate, dri ver’s license, or passport. Verification of disability may be appropriate documentation from a knowledgeable professional. The PHA will not inquire as to the nature of the disability except as to verify necessity for accessible unit. Award letter or othe r proof of eligibility for Social Security Disability or Supplemental Security Income will be acceptable. For more information regarding verification of age, see 7 -II.C. and for more information regarding verification of disability, see 7 -II.F. Verificatio n of displacement will be in accordance with 7-II.H. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -19 PART I II : VERIFYING INCOME AND ASSETS Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded and how assets and income from assets are handled. Any assets and income reported by the family must be verified. This part provides PHA policies that supplement the general verification procedures specified in Part I of this chapter. 7-III .A. EARNED INCOME PHA Policy As verification of earned income, the PHA will r equire the 3 most current consecutive pay stubs dated within 60-day period prior to the PHA’s request or the recertification interview, whichever is later. In the event that 3 consecutive pay stubs dated within the 60-day period are unavailable as a result of the employer’s payroll schedule (i.e. the employer pays on a monthly basis), PHA will utilize all available pay stubs dated within the 60-day period plus any additional pay stubs up to 90 days old to provide a total of 3 consecutive pay stubs. In any case, fewer than 3 pay stubs will only be accepted in the event that the employee has been employed for less than 90 days. Wages PHA Policy For wages other than tips, the family must provide originals of the two most current, consecutive pay stubs. Tips PHA Policy Unless tip income is included in a family member’s W -2 by the employer, persons who work in industries where tips are standard will be required to sign a certified estimate of tips received for the prior year and tips anticipated to be received in the coming year. 7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME PHA Policy Business owners and self-employed persons will be required to provide: An audited financial statement for the previous fiscal year if an audit was conducted. If an audit was not conducted, a statement of income and expenses must be submitted and the business owner or self-employed person must certify to its accuracy. All schedules completed for filing federal and local taxes in the preceding year. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -20 If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense, computed using st raight -line depreciation rules. The PHA will provide a format for any person who is unable to provide such a statement to record income and expenses for the coming year. The business owner/self-employed person will be required to submit the information requested and to certify to its accuracy at all future reexaminations. At any reexamination the PHA may request documents that support submitte d financial statements such as manifests, appointment books, cash books, or bank statements. If a family member has been self -employed less than three (3) months, the PHA will accept the family member's certified estimate of income and schedule an interim reexamination in three (3) months. If the family member has been self -employed for three (3) to twelve (12) months the PHA will require the family to provide documentation of income and expenses for this period and use that information to project income. 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS For policies governing streamlined income determinations for fixed sources of income, please see Chapter 11. Social Security/SSI Benefits PHA Policy To verify the SS/SSI benefits of applicants, the PHA will request a current (dated within the last 60 days) SSA benefit verification letter from each family member that receives social security benefits. If the family is unable to provide the document (s), the PHA will help the applicant request a benefi t verification letter from SSA’s Web site at www.ssa.gov or ask the family to request one by calling SSA at 1 -800-722-1213. Once the applicant has received the benefit verification letter they will be required to provide it to the PHA. To verify the SS/SSI benefits of participants, the PHA will obtain information about s ocial s ecurity /SSI benefits through the HUD E IV System , and confirm with the participant(s) that the current listed benefit amount is correct. I f the participant disputes the EIV -reported benefit amount, or if benefit information is not available in HUD systems , the PHA will request a current SSA benefit verification letter from each family member that receives social security benefits. If the fa mily is unable to provide the document(s) the PHA will help the participant request a benefit verification letter from SSA’s Web site at www.ssa,.gov or ask the family to request one by calling SSA at 1- 800-772-1213. Once the participant has received the b enefit verification letter they will be required to provide it to the PHA. 7-I II .D. ALIMONY OR CHILD SUPPORT PHA Policy The methods the PHA will use to verify alimony and child support payments differ depending on whether the family declares that it receives regular payments. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -21 If the family declares that it receives regular payments , verification will be obtained in the following order of priority . Copies of the receipts and/or payment stubs for the 60 days prior to PHA request Third -party verification form from the state or local child support enforcement agency Third -party verification form from the person paying the support Family's self -certification of amount received. If the family declares that it receives irregular or no payments , in addition to th e verification process listed above, the family must provide evidence that it has taken all reasonable efforts to collect amounts due. This may include: A statement from any agency responsible for enforcing payment that shows the family has requested enfor cement and is cooperating with all enforcement efforts If the family has made independent efforts at collection, a written statement from the attorney or other collection entity that has assisted the family in these efforts Note: F amilies are not required to undertake independent enforcement action. 7-III.E . ASSETS AND INCOME FROM ASSETS Assets Disposed of for Less than Fair Market Value The family must certify whether any assets have been disposed of for less than fair market value in the preceding two years. The PHA needs to verify only those certifications that warrant documentation [HCV GB, p. 5-28]. PHA Policy The PHA will verify the value of assets disposed of only if: The PHA does not already have a reasonable estimation of its value from previously collected information, or The amount reported by the family in the certification appears obviously in error. Example 1: An elderly participant reported a $10,000 certificate of deposit at the last annual reexamination and the PHA verified this amount. Now the person reports that she has given this $10,000 to her son. The PHA has a reasonable estimate of the value of the asset; therefore, re -verification of the value of the asset is not necessary . Example 2: A family member has disposed of its 1/4 share o f real property located in a desirable area and has valued her share at approximately 5,000. Based upon market conditions, this declaration does not seem realistic. Therefore, the PHA will verify the value of this asset. 7-III.F . NET INCOME FROM RENTAL PRO PERTY DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -22 PHA Policy The family must provide: A current executed lease for the property that shows the rental amount or certification from the current tenant A self -certification from the family members engaged in the rental of property providing an estimate o f expenses for the coming year and the most recent IRS Form 1040 with Schedule E (Rental Income). If schedule E was not prepared, the PHA will require the family members involved in the rental of property to provide a self -certification of income and expenses for the previous year and may request documentation to support the statement including: tax statements, insurance invoices, bills for reasonable maintenance and utilities, and bank statements or amortization schedules showing monthly interest expense. 7-I II .G . RETIREMENT ACCOUNTS PHA Policy The PHA will accept written third -party documents supplied by the family as evidence of the status of retirement accounts. The type of original document that will be accepted depends upon the fam ily member’s retire ment status. Before retirement, the PHA will accept a n original document from the entity holding the account with a date that shows it is the most recently scheduled statement for the account but in no case earlier than 6 months from the eff ective date of the examination. Upon retirement, the PHA will accept a n original document from the entity holding the account that reflects any distributions of the account balance, any lump sums taken and any regular payments. After retirement , the PHA will accept a n original document from the entity holding the account dated no earlier than 12 months before that reflects any distributions of the account balance, any lump sums taken and any regular payments. 7-I II .H . INCOME FROM EXCLUDED SOURCES A detailed discussion of excluded income is provided in Chapter 6, Part I. HUD guidance on verification of excluded income draws a distinction between income which is fully excluded and income which is only partially excluded. For fully excluded income, the PHA is not required to follow the verification hierarchy, document why third-party verification is not available, or report the income on the 50058. Fully excluded income is defined as income that is entirely excluded from the annual income determination (for example, food stamps, earned income of a minor, or foster care funds) [Notice PIH 2013-04]. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -23 PHAs may accept a family’s signed application or reexamination form as self -certification of fully excluded income. They do not have to require additional documentation. However, if there is any doubt that a source of income qualifies for full exclusion , PHAs have the option of requiring additional verification. For partially excluded income, the PHA is required to follow the verification hierarchy and all applicable regulations, and to report the income on the 50058. Partially excluded income is defined as income where only a certain portion of what is reported by the family qualifies to be excluded and the remainder is included in annual income (for example, the income of an adult fu ll -time student, or income excluded under the earned income disallowance). PHA Policy The PHA will a ccept the family’s self -certification as verification of fully excluded income. The PHA may request additional documentation if necessary to document the in come source. The PHA will verify the source and amount of partially excluded income as described in Part 1 of this chapter. 7-III .I . ZERO ANNUAL INCOME STATUS PHA Polic y Families who report zero income are required to complete a written certification ever y 3 months as long as the family continues to report that they have no income. Families that report zero income will be required to complete a zero income checklist and worksheet and provide information regarding their means of basic sustenance, such as fo od, utilities, transportation, etc. This information may be used to determine family income. The PHA will check EIV sources and require the family to provide written third -party verification s to verify that income from public benefits (e.g. unemployment benefits, TANF, SS, SS I and earnings) are not being received by families claiming to have zero annual income . 7-III.J. STUDENT FINANCIAL ASSISTANCE Any financial assistance, in excess of amounts received for tuition, that a person attending an institution of higher education receives under the Higher Education Act of 1965, from private sources, or from an institution of higher education must be considered income unless the student is over the age of 23 with dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR 5.609(b)(9) and FR 4/10/06]. For students over the age of 23 with dependent children or students residing with parents who are seeking or receiving HCV assistance, the full amount of student financial assis tance is excluded from annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for students attending schools that do not qualify as institutions of higher education (as defined in Exhibit 3-2). Excluded amounts are verified only if, without verification, the PHA would not be able to determine whether or to what extent the income is to be excluded (see Section 7 -III.H). DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -24 PHA Policy For a student subject to having a portion of his/her student financial assistance included in annual income in accordance with 24 CFR 5.609(b)(9), the PHA will request written third -party verification of both the source and the amount . Family -provided documents from the educational institution attended by the student will be requested, as well as documents generated by any other person or entity providing such assistance, as reported by the student such as the FAFSA (Federal Application For Student Aid) In addition, the PHA will request written verification of the student’s tuition amoun t. If the PHA is unable to obtain third-party written verification of the requested information, the PHA will pursue other forms of verification following the verification hierarchy in Section 7 -I.B. 7-III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBIL ITY RESTRICTIONS If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the income of the student’s parents must be considered when determining income eligibility , unless the student is determined independent from his or her parents in accordance with PHA policy [24 CFR 5.612 and FR 4/10/06, p. 18146]. This provision does not apply to students residing with parents who are seeking or receiving HCV assist ance . It is limited to students who are seeking or receiving assistance on their own, separate ly from their parents. PHA Policy If the PHA is required to determine the income el igibility of a student’s parents, the PHA will request an income declaration and certification of income from the appropriate parent (s ) (as determined in Section 3-II.E ). The PHA will send the request directly to the parents , who will be required to certify to their income under penalty of perjury. T he parents will be required to submit the information directly to the PHA. The required information must be submitted (postmarked) within 10 business days of the date of the PHA’s request or within any extended timeframe approved by the PHA . The PHA reserves the right to request and review supporting documentation at any time if it questions the declaration or certification. Supporting documentation may include, but is not limited to , Internal Revenue Service (IR S) tax returns, consecutive and original pay stubs, bank statements, pension benefit statements, benefit award letters, and other official and authentic documents from a f ederal, s tate, or local agency. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -25 PART IV: VERIFYING MANDATORY DEDUCTIONS 7-I V.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS The dependent and elderly/disabled family deductions require only that the PHA verify that the family members identified as dependents or elderly/disabled persons meet the statutory definitions. No further ve rifications are required. Dependent Deduction See Chapter 6 (6 -II.B.) for a full discussion of this deduction. The PHA must verify that : • Any person under the age of 18 for whom the dependent deduction is claimed is not the head, spouse, or co -head of the f amily and is not a foster child • Any person age 18 or older for whom the dependent deduction is claimed is not a foster adult or live-in aide, and is a person with a disability or a full time student Elderly/Disabled Family Deduction See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6 -II.C.) for a discussion of the deduction. The PHA must verify that the head, spouse, or co -head is 62 years of age or older or a person with disabilities . 7-I V.B. MEDICAL EXPENSE DEDUCT ION Policies related to medical expenses are found in 6 -II.D. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense PHA Policy Medical expenses will be verified through: Medical E xpense Claim form completed by the family. Written third -party documents provided by the family, such as pharmacy printouts or receipts. T he PHA will make a best effort to determine what expenses from the past are likely to continue to occur in the future. The PHA will also accept evidence of monthly payments or total payments that will be due for medical expenses during the upcoming 12 months. Written third -party verification forms, if the family is unable to provide acceptable documentation. If third -part y or document review is not possible, written family certification as to costs anticipated to be incurred during the upcoming 12 months In addition, the PHA must verify that: • The household is eligible for the deduction. • The costs to be deducted are qualifi ed medical expenses. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -26 • The expenses are not paid for or reimbursed by any other source. • Costs incurred in past years are counted only once. Eligible Household The medical expense deduction is permitted only for households in which the head, spouse, or co -hea d is at least 62, or a person with disabilities. The PHA must verify that the family meets the definition of an elderly or disabled family provided in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this plan. Qualified Expenses To be el igible for the medical expenses deduction, the costs must qualify as medical expenses. See Chapter 6 (6 -II.D.) for the PHA’s policy on what counts as a medical expense. Unreimbursed Expenses To be eligible for the medical expenses deduction, the costs must not be reimbursed by another source. PHA Policy The family will be required to certify that the medical expenses are not paid or reimbursed to the family from any source. If expenses are verified through a third party, the third party must certify that t he expenses are not paid or reimbursed from any other source. Expenses Incurred in Past Years PHA Policy When anticipated costs are related to on -going payment of medical bills incurred in past years, the PHA will verify: The anticipated repayment schedule The amounts paid in the past, and Whether the amounts to be repaid have been deducted from the family’s annual income in past years 7-I V.C . DISABILITY ASSISTANCE EXPENSES Policies related to disability assistance expenses are found in 6 -II.E. The amount of the deduction will be verified following the standard verification procedures described in Part I. Amount of Expense Attendant Care PHA Policy The PHA will accept written third -party documents provided by the family. If family -provided documents are no t available, t he PHA will provide a third -party verification form directly to the care provider req uesting the needed information. Expenses for attendant care will be verified through: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -27 Written third -party documents provided by the family, such as receipts or cancelled checks. Third -party verification form signed by the provider, if family provided documents are not available. If third -party verification is not possible, w ritten family certification as to cost s anticipated to be incurred for the upcoming 12 months Auxiliary Apparatus PHA Policy Expenses for auxiliary apparatus will be verified through: Written third -party documents provided by the family, such as billing statements for purchase of auxiliary apparatus, or other evidence of monthly payments or total payments that will be due for the apparatus during the upcoming 12 months. Third -party verification form signed by the provider , if family provided documents are not available. If third -party verification is not possible, written family certification of e stimated apparatus costs for the upcoming 12 months. In addition, the PHA must verify that: • The family member for whom the expense is incurred is a person with disabilities (as described in 7-II.F above). • The expense permits a family member , or member s, to work (as described in 6-II.E.). • The expense is not reimbursed from another source (as described in 6-II.E.). Family Member is a Person with Disabilities To be eligible for the disability assistance expense deduction, the costs must be incurred for attendant care or auxiliary apparatus expense associated with a person with disabilities. The PHA will verify that the expense is incurred for a person with disabilities (See 7 -II.F .). Family Member (s) Permitted to Work The PHA must verify that the expenses claimed actually enable a family member , or members, (including the person with disabilities) to work. PHA Policy The PHA will request third -party verification from a R ehabilitation agency or knowledgeable medical professional indicating that the person wi th disabilities requires attendant care or an auxiliary apparatus to be employed, or that the attendant care or auxiliary apparatus enables another family member , or members, to work (See 6 -II.E.). This documentation may be provided by the family If third -party verification has been attempted and is either unavailable or proves unsuccessful, t he family must certify that the disability assistance expense frees a family member , or members (possibly including the family member receiving the assistance ), to wor k. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -28 Unreimbursed Expenses To be eligible for the disability expenses deduction, the costs must not be reimbursed by another source. PHA Policy The family will be required to certify that attendant care or auxiliary apparatus expenses are not paid by or reim bursed to the family from any source. 7-I V.D. CHILD CARE EXPENSES Policies related to child care expenses are found in Chapter 6 (6 -II.F). The amount of the deduction will be verified following the standard verification procedures described in Part I of th is chapter. In addition, the PHA must verify that: • The child is eligible for care (12 or younger). • The costs claimed are not reimbursed. • The costs enable a family member to work, actively seek work, or further their education. • The costs are for an allowable type of child care. • The costs are reasonable. Eligible Child To be eligible for the child care deduction, the costs must be incurred for the care of a child under the age of 13. The PHA will verify that the child being cared for (including foster childre n) is under the age of 13 (See 7 -II.C.). Unreimbursed Expense To be eligible for the child care deduction, the costs must not be reimbursed by another source. PHA Policy The family (and the care provider) will be required to certify that the child care e xpenses are not paid or reimbursed to the family from any source. Pursuing an Eligible Activity The PHA must verify that the family member(s) that the family has identified as being enabled to seek work, pursue education, or be gainfully employed, are actually pursuing those activities. PHA Policy The PHA will verify information about how the schedule for the claimed activity relates to the hours of care provided, the time required for transportation, the time required for study (for students), the relatio nship of the family member(s) to the child, and any special needs of the child that might help determine which family member is enabled to pursue an eligible activit y. Seeking Work DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -29 Whenever possible the PHA will use documentation from a state or local age ncy that monitors work-related requirements (e.g., welfare or unemployment). In such cases the PHA will request family -provided verification from the agency of the member’s job seeking efforts to date and require the family to submit to the PHA any reports provided to the other agency. In the event third-party verification is not available, the PHA will provide the family with a form on which the family member must record job search efforts. The PHA will review this information at each subsequent reexamination for which this deduction is claimed. Furthering Education The PHA will request third-party documentation to verify that the person permitted to further his or her education by the child care is enrolled and provide information about the timing of clas ses for which the person is registered. The documentation may be provided by the family. Gainful Employment The PHA will seek third -party verification of the work schedule of the person who is permitted to work by the child care. In cases in which two or m ore family members could be permitted to work, the work schedules for all relevant family members may be verified. The documentation may be provided by the family. Allowable Type of Child Care The type of care to be provided is determined by the family, bu t must fall within certain guidelines, as discussed in Chapter 6. PHA Policy The PHA will verify that the type of child care selected by the family is allowable, as described in Chapter 6 (6-II.F). The PHA will verify that the fees paid to the child care p rovider cover only child care costs (e.g., no housekeeping services or personal services) and are paid only for the care of an eligible child (e.g., prorate costs if some of the care is provided for ineligible family members). The PHA will verify that the child care provider is not an assisted family member. Verification will be made through the head of household’s declaration of family members who are expected to reside in the unit. Reasonableness of Expenses Only reasonable child care costs can be deducte d. PHA Policy The actual costs the family incurs will be compared with the PHA’s established standards of reasonableness for the type of care in the locality to ensure that the costs are reasonable. If the family presents a justification for costs that exc eed typical costs in the area, the PHA will request additional documentation, as required, to support a determination that the higher cost is appropriate. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 7 -30 EXHIBIT 7-1 : SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5 -9 and 5-10] • All no ncitizens claiming eligible status must sign a declaration of eligible immigrant status on a form acceptable to the PHA. • Except for persons 62 or older, all noncitizens must sign a verification consent f orm • Additional documents are required based upon the person's status. Elderly Non c itizens • A person 62 years of age or older who claims eligible immigration status also must provide proof of age such as birth certificate, passport, or documents showing receipt of SS old-age benefits . All other Non c itizens • Noncitizens that claim eligible immigration status also must present the applicable USCIS document. Acceptable USCIS documents are listed below. • Form I -551 Alien Registration Receipt Card (for permanent resident aliens) • Form I -94 Arrival -Departure Record annotated with one of the following: • “Admitted as a Refugee Pursuant to Section 207” • “Section 208” or “Asylum” • “Section 243(h)” or “Deportation stayed by Attorney General” • “Paroled Pursuant to Section 221 (d)(5) of the USCIS ” • Form I -94 Arrival -Departure R ecord with no annotation accompanied by: • A final court decision granting asylum (but only if no appeal is taken); • A letter from a USCIS asylum officer granting asylum (if application is filed on or after 10/1/90) or from a USCIS district director granting asylum (application filed before 10/1/90); • A court decision granting withholding of deportation; or • A letter from an asylum officer granting withholding or deportation (if application filed on or after 10/1/90). • Form I -688 Temporary Resident Card annotated “Section 245A” or Section 210”. Form I -688B Employment Authorization Card annotated “Provision of Law 274a. 12(11)” or “Provision of Law 274a.12”. • A receipt issued by the USCIS indicating that an application for issuance of a replacement document in one of the above listed categories has been made and the applicant’s entitlement to the document has been verified; or • Other acceptable evidence. If other documents are determined by the USCIS to constitute acceptable evidence of eligible immigration status, they will be announced by notice published in the Federal Register DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -1 Chapter 8 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] INTRODUCTION HUD requires that all units occupied by families receiving Housing Choice Voucher (HCV) assistance meet HUD's Housing Quality Standards (HQS) and permits the PHA to establish additional requirements. The use of the term "HQS" in this plan refers to the combination of both HUD and PHA -established requirements. All units must pass an HQS inspection prior to the approval of a lease . HOME and Continuum of Care programs require annual inspections . All other programs will be inspected at least once every 24 months during the term of the contract, and at other times as needed, to determine that the unit meets HQS. 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 units. PHAs still have the option to inspect every unit annually. Section 8-II.G for further details. HUD also re quires PHAs to determine that units rented by families assisted under the HCV program have rents that are reasonable when compared to comparable unassisted units in the market area. This chapter explains HUD and PHA requirements related to housing quality and rent reasonableness as follows: Part I. Physical Standards . This part discusses the physical standards required of units occupied by HCV-assisted families and identifies decisions about the acceptability of the unit that may be made by the family based upon the family's preference. It also identifies life -threatening conditions that must be addressed on an expedited basis. Part II. The Inspection Process . This part describes the types of inspections the PHA will make and the steps that will be taken when units do not meet HQS. Part III. Rent Reasonableness Determinations . This part discusses the policies the PHA will use to make rent reasonableness determinations. Special HQS requirements for homeownership, manufactured homes, and other special housing types are discussed in Chapter 15 to the extent that they apply in this jurisdiction. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -2 PART I: PHYSICAL STANDARDS 8-I.A. GENERAL HUD REQUIREMENTS HUD Performance and Acceptability Standards HUD's performance and acceptability standards for HCV-assisted housing are provided in 24 CFR 982.401. These standards cover the following areas: • Sanitary facilities • Food preparation and refuse disposal • Space and Security • Thermal Environment • Illumination and electricity • Structure and materials • Interior Air Quality • Water Supply • Lead -based paint • Access • Site and neighborhood • Sanitary condition • Smoke and Carbon Monoxide Detectors A summary of HUD performance criteria is provided in Exhibit 8-1. Additional guidance on these requirements is found in the following HUD resources: • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form HUD -52580-A (9/00) • HUD Notice 2003 -31, Accessibility Notice: Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 and the Fair Housing Act of 1988. Tenant Preference Items HUD requires the PHA to enforce minimum HQS but also recognizes that certain judgments ab out the acceptability of the unit are left to the family. For example, the PHA must ensure that the unit contains the required sanitary facilities, but the family decides whether the cosmetic appearance of the facilities is acceptable. Exhibit 8-2 summariz es those items that are considered tenant preferences. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -3 Modifications to Provide Accessibility Under the Fair Housing Act of 1988 an owner must not refuse the request of a family that contains a person with a disability to make necessary and reasonable mod ifications to the unit. Such modifications are at the family's expense. The owner may require restoration of the unit to its original condition if the modification would interfere with the owner or next occupant's full enjoyment of the premises. The owner may not increase a customarily required security deposit. However, the landlord may negotiate a restoration agreement that requires the family to restore the unit and, if necessary to ensure the likelihood of restoration, may require the tenant to pay a re asonable amount into an interest bearing escrow account over a reasonable period of time. The interest in any such account accrues to the benefit of the tenant. The owner may also require reasonable assurances that the quality of the work will be acceptable and that any required building permits will be obtained . [24 CFR 100.203; Notice 2003-31]. Modifications to units to provide access for a person with a disability must meet all applicable HQS requirements and conform to the design, construction, or alter ation of facilities contained in the UFAS and the ADA Accessibility Guidelines (ADAAG) [28 CFR 35.151(c) and Notice 2003-31] See Chapter 2 of this plan for additional information on reasonable accommodations for persons with disabilities. PHA Policy Any ow ner that intends to negotiate a restoration agreement or require an escrow account must submit the agreement(s) to the PHA for review. 8-I.B. ADDITIONAL LOCAL REQUIREMENTS The PHA may impose variations to the HQS as long as the additional criteria are n ot likely to adversely affect the health or safety of participant families or severely restrict housing choice s for families . HUD approval is required for variations to the HQS. HUD approval is not required if the variations are clarifications of HUD's acceptability criteria or performance standards [24 CFR 982.401(a)(4)]. Thermal Environment [HCV GB p.10-7] The PHA must define a “healthy living environment” for the local climate. This may be done by establishing a temperature that the heating system must be capable of maintaining, that is appropriate for the local climate. PHA Policy The heating system must be functioning when the temperature outside is 60 degrees Fahrenheit or below. Clarifications of HUD Requirements PHA Policy As permitted by HUD, th e PHA has adopted the following specific requirements that elaborate on HUD standards. Security DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -4 If window security bars or security screens are present on emergency exit windows, they must be equipped with a quick release system. The owner is responsible for ensuring that the family is instructed on the use of the quick release system. Water Heaters Requirements for water heaters apply to all water heaters in the assisted unit and in the common areas of the building in which the unit is located. All g as water heaters must have a gas shut -off valve. All water heaters must have a cold -water shut-off valve. All water heaters must have the correct temperature -pressure relief valve according to the psi needed for the size of the water heater. Discharge line must be copper, galvanized or high-heat PVC and of proper length. To ensure against explosion and fire due to earthquakes, all gas water heaters must be properly secured in accordance with their size as prescribed by Code for new installations and by manu facturer’s specifications. Water heaters used by the assisted unit are the responsibility of the owner of the unit even if they are not in the direct control and/or sole ownership of that owner (e.g. condominium). Smoke Detectors Each dwelling unit must c ontain at least one battery -operated or hard-wired smoke detector in proper working condition on each level of the unit. If the unit is occupied by hearing-impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing -impaired person. A smoke detector must be installed in each sleeping area and in areas such as hallways that give access to sleeping areas. If two bedrooms are immediately adjacent, one detector may be located between them at the discretion of the inspector. Tenants are responsible for providing and replacing batteries for battery -powered units except at initial occupancy. Carbon Monoxide Detectors California Health and Safety Code Section 17926 ET requires that owne r install a carbon monoxide device, 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. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -5 Regulation of Smoking Under Sant a Monica Municipal Code § 4.44, u nits are designated as either “Smoking” or “Non- Smoking” by the landlord. Units currently occupied by a tenant which are designated as “S moking” units will continue as such and be grandfathered for the lifetime of that ten ant’s lease. PHA Policy Tenants and owners requesting more information regarding the smoking ordinance will be referred to: smconsumer.org or directed to call the City Attorney's Office at 310-458- 8336 for assistance . 8-I.C. LIFE-THREATENING CONDITIONS [24 CFR 982.404(a)] HUD requires the PHA to define life -threatening conditions and to notify the owner or the family (whichever is responsible) of the corrections required. The responsible party must correct life- threatening conditions within 24 hours of PHA notification. PHA Policy The following are considered life-threatening conditions: Any condition that jeopardizes the security of the unit Major plumbing leaks or flooding, waterlogged ceiling or floor in imminent danger of falling Natural or LP gas or fuel oil leaks Any electrical problem or condition that could result in shock or fire Absence of a working heating system when outside temperature is below 60 degrees Fahrenheit. Utilities not in service, including no running hot water, unless tenant is responsible for utilities. Conditions that present the imminent possibility of injury Obstacles that prevent safe entrance or exit from the unit Absence of a functioning toilet in the unit Broken glass where someone could be injured If an owner fails to correct life -threatening conditions as required by the PHA, the PHA will enforce the HQS in accordance with HUD requirements. See 8 -II -G. If a family fails to correct a family caused life -threatening condition as required by the PHA, the PHA will enforce t he family obligations . See 8 -II.H. The owner will be required to repair an inoperable smoke detector unless the PHA determines that the family has intentionally disconnected it (by removing batteries or other means). In this case, the family will be required to repair the smoke detector within 24 hours. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -6 8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] Family Responsibilities The family is responsible for correcting the following HQS deficiencies: • Tenant -paid utilities not in service • Failure to pro vide or maintain appliances owned by the family • Damage to the unit or premises caused by a household member or guest beyond normal wear and tear that result in a breach of the HQS. "Normal wear and tear" is defined as items which could not be charged against the tenant's security deposit under state law or court practice. PHA Policy The family is responsible to notify the owner in writing of any/all items needing repair in the apartment or other issues related to damage or inoperability in the apartment, whether they are tenant caused or the result of normal wear and tear. Owner Responsibilities The owner is responsible for all HQS violations not listed as a family responsibility above, even if the violation is caused by the family's living habits (e.g., ve rmin infestation). However, if the family's actions constitute a serious lease violation the owner may take legal action to evict the family. 8-I.E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL [24 CFR 35.1225] If a PH A is notified by a public health department or other medical health care provider, or verifies information from a source other than a public health department or medical health care provider, that a child of less than 6 years of age, living in an HCV-assis ted unit has been identified as having an environmental intervention blood lead level, the PHA must complete a risk assessment of the dwelling unit. The risk assessment must be completed in accordance with program requirements, and the result of the risk a ssessment must be immediately provided to the owner of the dwelling unit. In cases where the public health department has already completed an evaluation of the unit, this information must be provided to the owner. Within 30 days after receiving the risk assessment report from the PHA, or the evaluation from the public health department, the owner is required to complete the reduction of identified lead- based paint hazards in accordance with the lead-based paint regulations [24 CFR 35.1325 and 35.1330]. If the owner does not complete the “hazard reduction” as required, the dwelling unit is in violation of HQS and the PHA will take action in accordance with Section 8-II.G. PHA reporting requirements, and data collection and record keeping responsibilities rel ated to children with an environmental intervention blood lead level are discussed in Chapter 16. 8-I.F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.401, 24 CFR 982.403] A dwelling unit must: • Provide adequate space and security for the family • Have at leas t one bedroom or living/sleeping room for each two persons DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -7 A unit that does not meet these HQS space standards is defined as overcrowded . A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space [HCV GB p. 10-6]. A bedroom or living/sleeping room must have at least: • One window • Two electrical outlets in proper operating condition (permanent overhead or wall-mounted light fixtures may count as one of the required electrical outlets) If the PHA determines that a unit is overcrowded 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 as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the HAP contract in accordance with its terms. 8-I.G . BED BUG INFESTATION [Notice PIH 2012 -5] Bed bug s ar e a growi ng national problem. The pu rpose of this policy is to set forth th e role s and responsibilities of all pa rt ies (The PHA , Tenant, a nd L andlord) in minimizi ng the potential fo r bed bugs. The policy will al so provide guidance in cases wh er e bed bug s are p re sent in order to eliminate the m a s q uickly as possible. Bed bug s ar e difficult to co ntain wi thout the proper treatment. Therefore it i s imp er a ti ve that all partie s work simu lt aneously tow ar d a common goal, extermina ti on and e li mination. L ef t unt re ated, bed bug s can sp read throughout a re sidence a ff ecting cur re nt and future tenant s. PHA Policy Subse quent to an assertion by the tenant that the contract unit has bed bugs, the presence of bed bugs in the contract unit must be observed and documented by a County of Los Angeles inspector (as a neutral third -party). The PHA does not have direct responsibil ity for bed bug removal. As stated in both the Housing Quality Standards (HQS) and the contract, landlords are responsible to ensure the dwelling unit and its equipment must be sanitary condition and free of vermin infestation. If the contract is violated, the cancelation process outlined in the PHA’s Administrative Plan will be followed. La ndl ord Rol es and R es p o n si b ili t i es The contr ac t re qu ire s the landlord to maintain the contract unit and it s p re mises in a cc ordance wit h Housing Qual it y Standards (HQ S). If bed bug s are p re sent (as observed and documented by a County of Los Angeles inspector), it is th e re sp o ns ibility of the landlord, a s stated in the HQ S (CFR 982.401), to ensure that the dwelling unit a nd it s equipment be in sanit ar y condition and fr ee of v er mi n and rodent in fe sta ti on. In order to comply w it h t he HQ S, if the p re sence of bed bug s i s s u sp ected, the landlord must notify the PHA i mm ediately and it is strongl y rec o mm ended that the landlord contact an extermination pro fe ssi onal for an immediate inspection. PHA Policy Prior to triggering any responsibilities of the landlord or tenant , the presence of bed bugs in the contract unit must be observed and documented by a County of Los Angeles inspector (as a neutral third -party). If treatment is deemed n ec e ss ary , a ‘Bed Bug Management Plan Landlord/Tenant Certification Statement’ describing the t re atment p er formed must be provided to the PHA by the landlord wi th in 72 h ou rs of final treatment i s required. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -8 Failure to comply w it h t he above re quirements i s a dir ec t violation of the HA P contract and may re su lt in abatement, t er mina ti on of the contr ac t and/or suspension of eligibility of the affected unit to participate in the housing programs. Tenant Roles and Responsibilities The contract re qui res the tenant to k ee p the unit and it s p re mises fr ee from damage. Th er efore, if t he p re sence of bed bug s i s s us p ec ted, it is the tenant’s responsibility to notify the landlord and the PHA immediately i n o rder to minimize a ny potential damage to the unit. In addition, it is the re sponsibility of the tenant to work cooperatively w it h the landlord and/or extermina ti on profe ss ional to ensure th e su cc essful elimination of bed bug s. Tenant non-compliance may re su lt in the lo ss of their vouch er . PHA Policy Once a unit has been successfully treated for bed bugs, the tenant and landlord/owner will be required to complete and return a ‘Bed Bug Management Plan Landlord/Tenant Certification Statement,’ which will be provided by the landlord. If there is a reoccurrence of bed bug infestation after a successful professional extermination, the tenant may be responsible for the fumigation of the unit. If the resident notifies the landlord of the presence of bedbugs and the landlord fails to take action within a reasonable period of time, the resident should notify the PHA for assistance. PHA Rol es and R es p o n si b ili t i es: The PHA w il l en su re the landlord maintains the unit wi thin HQ S guide li ne s and provide guidance on t he re solution of a ny potential bed bug problems. The PHA w il l also re quire all prog ra m p ar ticipants and landlords to disclose at intake, r ec ertification, and in sp ection a ny exposur es to bed bug s wi thin the la st twelve month p er iod. The above provisions do not supersede existing lease provisions that comply with state and/or local landlord/tenant laws and that have been approved by HUD (where such approval is required). All parties should refer to the property lease executed between the tenant and the O/A, and the property House Rules, for details on o wner and resident rights and responsibilities related to infestations and housing physical condition standards. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -9 PART II: THE INSPECTION PROCESS 8-II.A. OVERVIEW [24 CFR 982.405] Types of Inspections The PHA conducts the following types of inspections as needed. Each type of inspection is discussed in the paragraphs that follow. • Initial Inspections . The PHA conducts initial inspections in response to a request from the family to approve a unit for participation in a program. The unit must pass the HQS inspection on or befor e the effective date of the Contract . • Annual/Biennial Inspections . HUD requires the PHA to inspect each unit under lease at least annually or biennially, depending on PHA policy, to confirm that the unit still meets HQS. The inspection may be conducted in conjunction with the family's annual reexamination but also may be conducted separately. • Special Inspections. A special inspection may be requested by the owner, the family, or a third party as a result of problems identified with a unit between annual inspections. • Quality Control Inspections. HUD requires that a sample of units be inspected by a supervisor or other qualified individual to evaluate the work of the inspector(s) and to ensure that inspections are performed in compliance with the HQS. Inspect ion of PHA-Owned Units [24 CFR 982.352(b)] The PHA must obtain the services of an independent entity to perform all HQS inspections in cases where an HCV family is receiving assistance in a PHA -owned unit. A PHA-owned unit is defined as a unit that is owne d by the PHA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the PHA). The independent agency must communicate the results of each inspection to the family and the PHA. The independent agency must be approved by HUD, and may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government). Inspection Costs [Notice PIH 2016-05] The PHA ma y not charge the family or owner for unit inspections or reinspections [24 CFR 982.405(e)]. In the case of inspections of PHA-owned units, the PHA may compensate the independent agency from ongoing administrative fee for inspections performed. The PHA and the independent agency may not charge the family any fee or charge for the inspection [24 CFR.982.352(b)]. The PHA may not charge the owner for the inspection of the unit prior to the initial term of the lease or for a first inspection during assisted occupancy of the unit. However, the PHA may charge a reasonable fee to owners for reinspections in two situations: when the owner notifies the PHA that a repair has been made but the deficiency has not been corrected, and when the time for repairs has elapsed and the deficiency has not been corrected . Fees may not be imposed for tenant -cause damages, for cases in which the inspector could not gain access to the unit, or for new deficiencies discovered during a reinspection. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -10 The owner may not pass the cost of a reinspection fee to the family. Reinspection fees must be added to the PHA’s administrative fee reserves and may only be used for ac tivities related to the provision of tenant-based assistance. PHA Policy The PHA will not charge a fee for failed reinspecti ons. Notice and Scheduling The family must allow the PHA to inspect the unit at reasonable times with reasonable notice [24 CFR 982.551(d)]. PHA Policy Both the family and the owner will be given reasonable notice of all inspections. Except in the case of a life -threatening emergency, reasonable notice is considered to be not less than 48 hours. Inspections may be scheduled between 8:00 a.m. and 5:00 p.m. Generally inspections will be conducted on business days only. In the case of a life -threatening emerge ncy, the PHA will give as much notice as possible, given the nature of the emergency. Notices of inspection will be translated for LEP participants, and will note that availability of appropriate language assistance, in accordance with SMHA’s LEP Plan. Any required notices sent by the PHA will be addressed to the Head of Household, and must be deliverable to the address of the subsidized apartment. Owner and Family Inspection Attendance HUD permits the PHA to set policy regarding family and owner presence a t the time of inspection [HCV GB p. 10-27]. PHA Policy When a family occupies the unit at the time of inspection an adult family member or someone 18 years of age or older must be present for the inspection. The presence of the owner or the owner's representative is not required. At initial inspection of a vacant unit, the PHA will inspect the unit . The owner is not required to be present. 8-II.B. INITIAL HQS INSPECTION [24 CFR 982.401(a)] Timing of Initial Inspections HUD requires the unit to pass HQS before the effective date of the lease and contract. HUD requires PHAs with fewer than 1,250 budgeted units to complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination within 15 days of submission of the Request for Tenancy Approval (RTA). For PHAs with 1,250 or more budgeted units, to the extent practicable such inspection and determination must be completed within 15 days. The 15-day period is suspended for any period during which the unit is not available for inspection [982.305(b)(2)]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -11 The PHA will complete the initial inspection, determine whether the unit satisfies HQS, and notify the owner and the family of the determination within 15 days of submission of the Reques t for Tenancy Approval (RTA). Inspection Results and Reinspections PHA Policy If any HQS violations are identified, the owner will be notified of the deficiencies and be given up to 14 days to correct them. If requested by the owner, the time frame for c orrecting the deficiencies may be extended by the PHA for good cause. The PHA will re -inspect the unit within 10 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 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. If the time period for correcting the deficiencies (or any PHA -app roved extension) has elapsed, or the unit fails HQS at the time of the reinspection, the PHA will notify the owner and the family that the unit has been rejected and that the family must search for another unit. The PHA may agree to conduct a second reinspection, for good cause, at the request of the family and owner. Following a failed reinspection, the family may submit a new Request for Tenancy Approval after the owner has made repairs, if they are unable to locate another suitable unit. Utilities Gene rally, at initial lease -up the owner is responsible for demonstrating that all utilities are in working order including those utilities that the family will be responsible for paying. PHA Policy The utility service needs to be available for testing at the time of the initial inspection . Appliances PHA Policy If the family is responsible for supplying the stove and/or refrigerator, the PHA will allow the stove and refrigerator to be placed in the unit after if the unit has met all other HQS requirements. The inspection will be noted as a passed inspection and t he family must submit a certified statement to the PHA that the required appliances are installed and in good working order prior to the HAP contract being executed by the PHA. A confirmatory inspectio n may be scheduled within 30 days of HAP contract approval at the discretion of the PHA. 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [FR Notice 6/25/1424 CRF 982.405; 982.406, Notice PIH 2016-05 ] PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -12 Each Voucher unit under contract must be inspected w ithin 24 months of the last full HQS inspection. All other housing programs require annual inspections. The PHA will not rely on alternative inspection standards. The PHA will accept the results of inspections performed for other housing programs such as H OME or LIHTC. Scheduling the Inspection PHA Policy If an adult family member cannot be present on the scheduled date, the family must reschedule the appointment prior to the scheduled date. Appointments will only be rescheduled for good cause, or if it is needed as a reasonable accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict which seriously affects the health, or welfare of the family. At its discretion, the PHA may request documentation of the “good cause” prior to rescheduling the appointment. The PHA and family will agree on a new inspection date that generally should take place within 10 business days of the originally-scheduled date. The PHA may schedule an inspection more than 10 business days after the o riginal date for good cause. If the family misses the first scheduled appointment without requesting a new inspection date, the PHA will automatically schedule a second inspection. If the family misses two scheduled inspections without PHA approval, the PH A will consider the family to have violated its obligation to make the unit available for inspection. This may result in termination of the family’s assistance in accordance with Chapter 12. 8-II.D. SPECIAL INSPECTIONS [HCV GB , p. 10-3024 CFR 982.405(g)] If a participant or government official reports a life -threatening condition which the owner would be required to repair within 24 hours, the PHA must inspect the unit within 24 hours of notification. If the reported condition is not life-threatening, the PHA must inspect the unit within 15 days of notification.The PHA will conduct a special inspection if the owner, family, or another source reports HQS violations in the unit. PHA Policy During a special inspection, the PHA generally will inspect only thos e deficiencies that were reported. However, the inspector will record any additional HQS deficiencies that are observed and will require the responsible party to make the necessary repairs. If the annual inspection has been scheduled or is due within 120 d ays of the date the special inspection is scheduled the PHA may elect to conduct a full annual inspection. 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b); HCV GB , p. 10-32] HUD requires a PHA supervisor or other qualified person to conduct quality control inspections of a sample of units to ensure that each inspector is conducting accurate and complete inspections and that there is consistency in the application of the HQS. The unit sample must include only units that have been inspected within the preceding month . The selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections completed by each inspector, and (3) units from a cross-section of neighborhoods. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -13 8-II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER CONTRACT Notification of Corrective Actions The owner and the family will be notified in writing of the results of all inspections. When an inspection identifies HQS failures, the PHA will determine (1) whether or not the failure is a life - th reatening condition and (2) whether the family or owner is responsible. 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. PHA Policy When life-threatening conditions are identified, the PHA will immediately notify both parties by telephone, facsimile, or email. The notice will specify who is responsible for correcting the violation. The corrective actions must be taken within 24 hours o f the PHA’s notice. When failures that are not life threatening are identified, the PHA will send the owner and the family a written notification of the inspection results within 5 business days of the inspection. The written notice will specify who is re sponsible for correcting the violation, and the time frame within which the failure must be corrected. Generally not more than 30 days will be allowed for the correction. The notice of inspection results will inform the owner that if life -threatening cond itions are not corrected within 24 hours, and non-life threatening conditions are not corrected within the specified time frame (or any PHA -approved extension), the owner’s contract will be abated in accordance with PHA policy (see 8 -II.G.). Likewise, in t he case of family caused deficiencies, the notice will inform the family that if corrections are not made within the specified time frame (or any PHA -approved extension, if applicable) the family’s assistance will be terminated in accordance with PHA polic y (see Chapter 12). Extensions For conditions that are life threatening , the PHA cannot grant an extension to the 24-hour corrective action period. For conditions that are not life threatening , the PHA may grant an exception to the required time frames for correcting the violation, if the PHA determines that an extension is appropriate [24 CFR 982.404]. PHA Policy Extensions will be granted in cases where the PHA has determined that the owner has made a good faith effort to correct the deficiencies and is unable to for reasons beyond the owner’s control. Reasons may include, but are not limited to: A repair cannot be completed because required parts or services are not available. A repair cannot be completed because of weather conditions. An accommodation is needed because the family includes a person with disabilities. The length of the extension will be determined on a case -by -case basis, but will not exceed 60 days, except in the case of delays caused by weather conditions. In the case of DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -14 weather conditi ons, extensions may be continued until the weather has improved sufficiently to make repairs possible. The necessary repairs must be made within 15 calendar days, once the weather conditions have subsided. Reinspections PHA Policy The PHA will conduct a re inspection immediately following the end of the corrective period, or any PHA approved extension. The family and owner will be given reasonable notice of the reinspection appointment. If the deficiencies have not been corrected by the time of the reinspec tion, the PHA will send a notice of abatement to the owner, or in the case of family caused violations, a notice of termination to the family, in accordance with PHA policies. If the PHA is unable to gain entry to the unit in order to conduct the scheduled reinspection, the PHA will consider the family to have violated its obligation to make the unit available for inspection. This may result in termination of the family’s assistance in accordance with Chapter 12. Verifying HQS Deficiencies Remotely The PHA must not make any housing assistance payments for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction. If a defect is life threatening, the owner must correct the defect within no more than 24 hours. For other defects, the owner must correct the defect within no more than 30 calendar days (or any PHA -approved extension) [24 CFR 982.404 (a)(3)]. PHA Policy If the PHA determines that a unit does not meet HQS requirements during an annual, special, or management inspection, verification that the deficiencies are corrected may be done by means other than a re-inspection. Any one of three of the following items needs to be provided as a method of verifying t he correction of unit deficiencies remotely: Owner’s or Tenant’s Certification Receipts from vendor Photos of the unit This policy will not include life -threatening deficiencies, tenant caused deficiencies, and Initial inspections. Housekeeping Issues PHA Policy If a unit fails an inspection repeatedly (on more than one occasion) due to housekeeping issues caused by the tenant, the unit may be subject to annual inspections. Examples of housekeeping issues may include but are not limited to hoarding which i mpedes walkways DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -15 and entry/exit, excessive lack of cleanliness which may lead to infestation or other damage to the unit, and other tenant caused issues. 8-II.G. ENFORCING OWNER COMPLIANCE If the owner fails to maintain the dwelling unit in accordance wi th HQS, the PHA must take prompt and vigorous action to enforce the owner obligations. HAP Abatement If an owner fails to correct HQS deficiencies by the time specified by the PHA, the PHA will request the assistance of local Code Enforcement entities (su ch as City of Santa Monica and County of Los Angeles) to help ensure the dwelling unit is returned to a habitable condition in a timely manner. The PHA will also refer the affected household to a local legal services agency which provides legal assistance to low income households (such as the Legal Aid Foundation of Los Angeles), so the household can receive legal advice and possible representation toward ensuring the owner completes the necessary repairs. HUD requires the PHA to abate housing assistance p ayments no later than the first of the month following the specified correction period (including any approved extension) [24 CFR 985.3(f)]. No retroactive payments will be made to the owner for the period of time the rent was abated. Owner rents are not a bated as a result of HQS failures that are the family's responsibility. PHA Policy The PHA will make all HAP abatements effective the first of the month following the expiration of the PHA specified correction period (including any extension). The PHA wil l inspect abated units within 5 business days of the owner's notification that the work has been completed. Payment will resume effective on the day the unit passes inspection. During any abatement period the family continues to be responsible for its share of the rent. The owner must not seek payment from the family for abated amounts and may not use the abatement as cause for eviction. HAP Contract Termination The PHA must decide how long any abatement period will continue before the HAP contract will b e terminated. The PHA should not terminate the contract until the family finds another unit, provided the family does so in a reasonable time [HCV GB p. 10-29] and must give the owner reasonable notice of the termination. The PHA will issue a voucher to pe rmit the family to move to another unit as described in Chapter 10. PHA Policy The maximum length of time that HAP may be abated is 180 days. However, if the owner completes corrections and notifies the PHA before the termination date of the HAP contract, the PHA may rescind the termination notice if (1) the family still resides in the unit and wishes to remain in the unit and (2) the unit passes inspection. Also within this 180- day period, repairs may be completed by the family, should the family wish to DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -16 resolve the corrective action. The family will then advise the PHA that repairs have been completed and request a re -inspection of the unit. Reasonable notice of HAP contract termination by the PHA is 30 days. 8-II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)] Families are responsible for correcting any HQS violations listed in paragraph 8.I.D. If the family fails to correct a violation within the period allowed by the PHA (and any extensions), the PHA will terminate the family’s assistance, according to the policies described in Chapter 12. If the owner carries out a repair for which the family is responsible under the lease, the owner may bill the fam ily for the cost of the repair. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -17 PART III: RENT REASONABLENESS [24 CFR 982.507] 8-III.A. O VERVIEW No contract can be approved until the PHA has determined that the rent for the unit is reasonable. The purpose of the rent reasonableness test is to ensure that a fair rent is paid for each unit rented under the housing program s. HUD regulations d efine a reasonable rent as one that does not exceed the rent charged for comparable, unassisted units in the same market area. HUD also requires that owners not charge more for assisted units than for comparable units on the premises. This part explains the method used to determine whether a unit’s rent is reasonable. PHA -Owned Units [24 CFR 982.352(b)] In cases where a family is receiving assistance in a PHA -owned unit, the PHA must obtain the services of an independent entity to determine rent reasonableness in accordance with program requirements, and to assist the family in negotiating the contract rent when the family requests assistance. A PHA -owned unit is defined as a unit that is owned by the PHA that administers the assistance under the consolidated ACC (including a unit owned by an entity substantially controlled by the PHA). The independent agency must communicate the results of the rent reasonableness determination to the family and the PHA. The independent agency must be approved by HUD, and may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government). 8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED Owner -I nitiated Rent Determinations The PHA must make a rent reasonableness determination at initial occupancy and whenever the owner requests a rent adjustment. The owner and family first negotiate the rent for a unit. The PHA (or independent agency in the case of PHA -owned units) wil l assist the family with the negotiations upon request. At initial occupancy the PHA must determine whether the proposed rent is reasonable before a c ontract is signed. The owner must not change the rent during the initial lease term. Subsequent requests f or rent adjustments must be consistent with the lease between the owner and the family. Rent increases will not be approved unless any failed items identified by the most recent HQS inspection have been corrected. PHA Policy After the initial occupancy per iod, the owner may request a rent adjustment in accordance with the owner’s lease. For rent increase requests after initial lease -up, the PHA may request owners to provide information about the rents charged for other units on the premises, if the premises include more than 4 units. In evaluating the proposed rents in comparison to other units on the premises the PHA will consider unit size and length of tenancy in the other units. The PHA will determine whether the requested increase is reasonable within 15 business days of receiving the request from the owner. The owner will be notified of the determination in writing. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -18 All rents adjustments will be effective the first of the month following 60 days after the PHA’s receipt of the owner’s request or on the date specified by the owner, whichever is later. PHA - and HUD -Initiated Rent Reasonableness Determinations HUD requires the PHA to make a determination of rent reasonableness (even if the owner has not requested a change) if there is a 5 percent decrease i n the Fair Market Rent that goes into effect at least 60 days before the contract anniversary date. HUD also may direct the PHA to make a determination at any other time. The PHA may decide that a new determination of rent reasonableness is needed at any t ime. PHA Policy In addition to the instances described above, the PHA will make a determination of rent reasonableness at any time after the initial occupancy period if: (1) the PHA determines that the initial rent reasonableness determination was in error or (2) the PHA determines that the information provided by the owner about the unit or other units on the same premises was incorrect. 8-III.C. HOW COMPARABILITY IS ESTABLISHED Factors to Consider HUD requires PHAs to take into consideration the factors listed below when determining rent comparability. The PHA may use these factors to make upward or downward adjustments to the rents of comparison units when the units are not identical to the HCV-assisted unit. • Location and age • Unit size including the number of rooms and square footage of rooms • The type of unit including construction type (e.g., single family, duplex, garden, low-rise, high -rise) • The quality of the units including the quality of the original construction, maintenance and improvements made. • Amenities, services, and utilities included in the rent Units that Must Not be Used as Comparables Comparable units must represent unrestricted market rents. Therefore, units that receive some form of federal, state, or local assistance that imposes rent restrictions cannot be considered comparable units. These include units assisted by HUD through any of the following programs: Section 8 project-based assistance, Section 236 and Section 221(d)(3) Below Market Interest Rate (BMIR) projects, HOME or Community Development Block Grant (CDBG) program- assisted units in which the rents are subsidized; units subsidized through federal, state, or local tax credits; units subsidized by the Department of Agriculture rural housing programs, and units that are rent -co ntrolled by local ordinance. Note: Notice PIH 20 11-46 , issued August 17, 2011, provides further guidance on the issue of what constitutes an assisted unit. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -19 Rents Charged for Other Units on the Premises The Request for Tenancy Approval (HUD-52517) requires owners to provide information, on the form itself, about the rent charged for other unassisted comparable units on the premises if the premises include more than 4 units. By accepting the PHA payment each month the owner certifies that the rent is not mor e than the rent charged for comparable unassisted units on the premises. If asked to do so, the owner must give the PHA information regarding rents charged for other units on the premises. 8-III.D . PHA RENT REASONABLENESS METHODOLOGY How Market Data Is Co llected PHA Policy The PHA will collect and maintain data on market rents in the PHA's jurisdiction. Information sources include newspapers, realtors, market surveys, inquiries of owners and other available sources. The data will be maintained by bedroom s ize and market areas. Market areas may be defined by zip codes, census tract, neighborhood, and identifiable natural or man -made boundaries. The data will be updated on an ongoing basis and rent information that is more than 12 months old will be eliminate d from the database. How Rents Are Determined PHA Policy The rent for a unit proposed for assistance will be compared to the rent charged for three comparable units in the same market area. The PHA will develop a range of prices for comparable units by bedroom size within defined market areas. Units proposed for assistance will be compared to the units within this rent range. Because units may be similar, but not exactly like the unit proposed for assistance, the PHA may make adjustments to the range of pr ices to account for these differences. The adjustment must reflect the local market. Not all differences in units require adjustments (e.g., the presence or absence of a garbage disposal may not affect the rent in some market areas). Adjustments may vary by unit type (e.g., a second bathroom may be more valuable in a three -bedroom unit than in a two-bedroom). The adjustment must reflect the rental value of the difference not its construction costs (e.g., it might cost $20,000 to put on a new roof, but the new roof might not make any difference in what a tenant would be willing to pay because rent al units are presumed to have functioning roofs). When a comparable project offers rent concessions (e.g., first month rent-free, or reduced rent) reported monthl y rents will be adjusted accordingly. For example, if a comparable project reports rents of $500/month but new tenants receive the first month's rent free, the actual rent for the unit would be calculated as follows: $500 x 11 months = 5500/12 months = act ual monthly rent of $488. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -20 The PHA will notify the owner of the rent the PHA can approve based upon its analysis of rents for comparable units. The owner may submit information about other comparable units in the market area. The PHA will confirm the accur acy of the information provided and consider this additional information when making rent determinations. The owner must submit any additional information within 5 business days of the PHA’s request for information or the owner’s request to submit information. Owners may not request rent adjustments in the Voucher program prior to the end of the first year of the Lease . After that date, rent increases as permitted by the lease are effective with a 60 -day notice to the family following P HA approval of the pr oposed increase. Rent increase requests shall be timed with a tenant’s annual re -examination. Landlords may not request more than one increase in a 12 -month period. Annual Adjustments are determined by Santa Monica Rent Control Department annual percentage adjustments only; the PHA does not approve the addition of surcharges or pass through fees. The PHA disapproves rents that are not reasonable. General adjustments are approved on an annual basis if funding is available. Santa Monica laws limit rents on r ent -controlled units to the greater of the Payment Standard or the Maximum Allowable Rent under Rent Control. After January 1, 1999, at voluntary vacancy, the requested Maximum Allowable Rent becomes the rent agreed to by the owner and the prospective tenant and delineated in the Request for Lease Approval (RLA). The PHA is required to document Rent Reasonableness before the requested Maximum Allowable Rent becomes the Maximum Allowable Rent for Section 8 purposes. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -21 EXHIBIT 8 -1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS Note: This document provides an overview of HQS. For more detailed information see the following documents: • 24 CFR 982.401, Housing Quality Standards (HQS) • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspection Manual for Section 8 Housing • HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form HUD -52580-A (9/00) Sanitary Facilities The dwelling unit must include sanitary facilities within the unit. The sanitary facilities must be usable in privacy and must be in proper operating condition and adequate for personal cleanliness and disposal of human waste. Food Preparation and Refuse Disposal The dwelling unit must have space and equipment suitable for the family to store, prepare, and serve food in a sanitar y manner. Space and Security The dwelling unit must provide adequate space and security for the family. This includes having at least one bedroom or living/sleeping room for each two persons. Thermal Environment The unit must have a safe system for heating the dwelling unit. Air conditioning is not required but if provided must be in proper operating condition. The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Portable electric room heaters or kitchen stoves with built-in heating units are not acceptable as a primary source of heat for units located in climatic areas where permanent heat systems are required. Illumination and Electricity Each room must have adequate natural or artificial illumination to permit normal i ndoor activities and to support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. Minimum standards are set for different types of rooms. Once the minimum standards are met, the number, type and location of electrical sources are a matter of tenant preference. Structure and Materials The dwelling unit must be structurally sound. Handrails are required when four or more steps (risers) are present, and protective railings are required when porches, balconies, and stoops are thirty inches or more off the ground. The elevator servicing the unit must be working [if there is one]. Manufactured homes must have proper tie-down devices capable of surviving wind loads common to the area. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -22 Interior Air Quality The dwelling unit must be free of air pollutant levels that threaten the occupants’ health. There must be adequate air circulation in the dwelling unit. Bathroom areas must have one openable window or other adequate ventilation. Any sleeping room must have at least one window. If a window was designed to be opened, it must be in proper working order. Water Supply The dwelling unit must be served by an approved public or private water supply that is sanitary and free fr om contamination. Plumbing fixtures and pipes must be free of leaks and threats to health and safety. Lead -Based Paint Lead -based paint requirements apply to dwelling units built prior to 1978 that are occupied or can be occupied by families with children under six years of age, excluding zero bedroom dwellings. Owners must: • Disclose known lead-based paint hazards to prospective tenants before the lease is signed, • provide all prospective families with "Protect Your Family from Lead in Your Home", • Stabili ze deteriorated painted surfaces and conduct hazard reduction activities when identified by the PHA • Notify tenants each time such an activity is performed • Conduct all work in accordance with HUD safe practices • As part of ongoing maintenance ask each fam ily to report deteriorated paint. For units occupied by environmental intervention blood lead level (lead poisoned) children under six years of age, a risk assessment must be conducted (paid for by the PHA). If lead hazards are identified during the risk assessment, the owner must complete hazard reduction activities. See HCV GB p. 10 -15 for a detailed description of these requirements. For additional information on lead-based paint requirements see 24 CFR 35, Subparts A, B, M, and R. Access Use and mainte nance of the unit must be possible without unauthorized use of other private properties. The building must provide an alternate means of exit in case of fire. Site and Neighborhood The site and neighborhood must be reasonably free from disturbing noises and reverberations, excessive trash or vermin, or other dangers to the health, safety, and general welfare of the occupants. Sanitary Condition The dwelling unit and its equipment must be in sanitary condition and free of vermin and rodent infestation. The unit must have adequate barriers to prevent infestation. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -23 Smoke Detectors Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dw elling unit is occupied by any person with a hearing impairment, smoke detectors must have an appropriate alarm system as specified in NFPA 74 (or successor standards). 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. Hazards and Heath/Safety The unit, interior and exterior common areas accessible to the family, the site, and the surrounding neighborhood must be free of hazards to the family's health and safety. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -24 EXHIBIT 8 -2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY Note: This document provides an overview of unit and site characteristics and conditions for which the family determines acceptability. For more detailed information see the following documents: • Housing Choice Voucher Guidebook, Chapter 10. • HUD Housing Inspectio n Manual for Section 8 Housing • HUD Inspection Form, form HUD-52580 (3/01) and Inspection Checklist, form HUD -52580-A (9/00) Provided the minimum housing quality standards have been met, HUD permits the family to determine whether the unit is acceptable wit h regard to the following characteristics. • Sanitary Facilities . The family may determine the adequacy of the cosmetic condition and quality of the sanitary facilities, including the size of the lavatory, tub, or shower; the location of the sanitary facilit ies within the unit; and the adequacy of the water heater. • Food Preparation and Refuse Disposal . The family selects size and type of equipment it finds acceptable. When the family is responsible for supplying cooking appliances, the family may choose to use a microwave oven in place of a conventional oven, stove, or range. When the owner is responsible for providing cooking appliances, the owner may offer a microwave oven in place of an oven, stove, or range only if other subsidized and unsubsidized units on the premises are furnished with microwave ovens only. The adequacy of the amount and type of storage space, the cosmetic conditions of all equipment, and the size and location of the kitchen are all determined by the family. • Space and Security . The fami ly may determine the adequacy of room sizes and room locations. The family is also responsible for deciding the acceptability of the type of door and window locks. • Energy conservation items . The family may determine whether the amount of insulation, presen ce of absence of storm doors and windows and other energy conservation items are acceptable. • Illumination and Electricity . The family may determine whether the location and the number of outlets and fixtures (over and above those required to meet HQS stan dards) are acceptable or if the amount of electrical service is adequate for the use of appliances, computers, or stereo equipment. (6) Structure and Materials . Families may determine whether minor defects, such as lack of paint, or worn flooring or carpet ing will affect the livability of the unit. (7) Indoor Air . Families may determine whether window and door screens, filters, fans, or other devices for proper ventilation are adequate to meet the family’s needs. However, if screens are present they must be in good condition. (8) Sanitary Conditions . The family determines whether the sanitary conditions in the unit, including minor infestations, are acceptable. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 8 -25 (9) Neighborhood conditions . Families may determine whether neighborhood conditions such as the pr esence of drug activity, commercial enterprises, and convenience to shopping will affect the livability of the unit. Families have no discretion with respect to lead -based paint standards and carbon monoxide and smoke detectors. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -1 Chapter 9 GENERAL LEASING POLICIES INTRODUCTION Chapter 9 covers the lease -up process from the family's submission of a Request for Tenancy Approval to execution of the contract . In order for the PHA to assist a family in a particular dwelling unit, or ex ecute a contract with the owner of a dwelling unit, the PHA must determine that all the following program requirements are met : • The unit itself must qualify as an eligible unit [24 CFR 982.305(a)] • The unit must be inspected by the PHA and meet the Housing Quality Standards (HQS) [24 CFR 982.305(a)] • The lease offered by the owner must be approvable and must include the required Tenancy Addendum [24 CFR 982.305(a)] • The rent to be charged by the owner for the unit must be reasonable [24 CFR 982.305(a)] • The owner must be an eligible owner, approvable by the PHA, with no conflicts of interest [24 CFR 982.306] • 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-I.A . TENANT SCREENING The PHA has no liability or responsibility to the owner or other persons for the family’s behavior or suitability for tenancy [24 CFR 982.307(a)(1)]. The PHA may elect to screen applicants for family behavior or suitability for tenancy. See Chapter 3 for a discussion of the PHA’s policies with regard to screening applicant families for prog ram eligibility [24 CFR 982.307(a)(1)]. The owner is responsible for screening and selection of the family to occupy the owner's unit. At or before PHA approval of the tenancy, the PHA must inform the owner that screening and selection for tenancy is the r esponsibility of the owner [24 CFR 982.307(a)(2)]. The PHA must also inform the owner or manager or his/her rights and obligations under the Violence Against Women Act of 2013 (VAWA )[24 CFR 5.200 5(a)(2)]. The PHA must provide the owner with the family's current and prior address (as shown in the PHA records) and the name and address (if known to the PHA) of the landlord at the family's current and prior address. [24 CFR 982.307 (b)(1)]. The PHA is permitted, but not required, to offer the owner other information in the PHA’s possession about the tenancy history or drug trafficking of family members [24 CFR 982.307(b)(2)]. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -2 The PHA’s policy on providing information to the owner must be included in the family’s briefing packet [24 CFR 982.307(b)(3)]. The PHA ma y 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 t he individual providing the documentation [42 U.S.C. § 14043e-11(c)(4); 24 CFR 5.2007(b)(4)]. PHA Policy The PHA will not screen applicants for family behavior or suitability for tenancy. The PHA will not provide additional screening information to the own er. The PHA will provide the owner with the family’s current and prior address and the name and address of the landlord at the family’s current and prior address only if requested by the owner. 9-I.B. REQUESTING TENANCY APPROVAL [Form HUD -52517] After the family is issued a voucher, the family must locate an eligible unit, with an owner or landlord willing to participate in the voucher program. Once a family finds a suitable unit and the owner is willing to lease the unit under the program, the owner and th e family must request the PHA to approve the assisted tenancy in the selected unit. The owner and the family must submit two documents to the PHA: • Completed Request for Tenancy Approval (RTA) – Form HUD -52517 • Copy of the proposed lease, including the HUD-p rescribed Tenancy Addendum – Form HUD -52641-A The RTA contains important information about the rental unit selected by the family, including the unit address, number of bedrooms, structure type, year constructed, utilities included in the rent, and the req uested beginning date of the lease, necessary for the PHA to determine whether to approve the assisted tenancy in this unit. Owners must certify to the most recent amount of rent charged for the unit and provide an explanation for any difference between th e prior rent and the proposed rent. Owners must certify that they are not the parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has granted a request for reasonable accommodation for a person with disabilities who is a member of the tenant household. For units constructed prior to 1978, owners must either 1) certify that the unit, common areas, and exterior have been found to be free of lead-based paint by a certified inspector; or 2) attach a lead -based p aint disclosure statement. Both the RTA and the proposed lease must be submitted no later than the expiration date stated on the voucher. [HCV GB p.8-15]. PHA Policy The RTA must be signed by both the family and the owner. The owner may submit the RTA on b ehalf of the family. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -3 Completed RTA (including the proposed dwelling lease) must be submitted as hard copies, in-person, by mail , or by fax. The family may not submit, and the PHA will not process, more than one (1) RTA at a time. When the family submits th e RTA the PHA will review the RTA for completeness . If the RTA is incomplete (including lack of signature by family, owner, or both), or if the dwelling lease is not submitted with the RTA , the PHA will notify the family and the owner of the deficiencies. Missing information and/or missing documents will only be accepted as hard copies, in-person, by mail , or by fax. The PHA will not accept missing information over the phone. When the family submits the RTA and proposed lease, the PHA will also review the terms of the RTA for consistency with the terms of the proposed lease. If the terms of the RTA are not consistent with the terms of the proposed lease, the PHA will notify the family and the owner of the discrepancies. Corrections to the terms of the RTA and/or the proposed lease will only be accept ed as hard copies, in-person, by mail or by fax. The PHA will not accept corrections by phone. Because of the time sensitive nature of the tenancy approval process, the PHA will attempt to communicate with the own er and family by phone, fax, or email. The PHA will use mail when the parties cannot be reached by phone, fax, or email. 9-I.C . OWNER PARTICIPATION The PHA does not formally approve an owner to participate in the HCV program. However, there are a number of criteria where the PHA may deny approval of an assisted tenancy based on past owner behavior, conflict of interest, or other owner-related issues. There are also criteria for which the PHA must disapprove an owner. No owner has a right to participate in t he HCV program [24 CFR 982.306(e)] See Chapter 13 for a full discussion of owner qualification to participate in the HCV program. 9-I.D. ELIGIBLE UNITS There are a number of criteria that a dwelling unit must meet in order to be eligible for assistance under the voucher program. Generally, a voucher-holder family may choose any available rental dwelling unit on the ma rket in the PHA’s jurisdiction. This includes the dwelling unit they are currently occupying. Ineligible Units [24 CFR 982.352(a)] The PHA may not assist a unit under the voucher program if the unit is a public housing or Indian housing unit; a unit receiving project -based assistance under section 8 of the 1937 Act (42 U.S.C. 1437f); nursing homes, board and care homes, or facilities providing continual psychiatric , medical, or nursing services; c olle ge or other school dormitories; units on the DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -4 grounds of penal, reformatory, medical, mental, and similar public or private institutions; a unit occupied by its owner or by a person with any interest in the unit. PHA -O wned Units [24 CFR 982.352(b)] Otherwise eligible units that are owned or substantially controlled by the PHA issuing the voucher may also be leased in the voucher program . In order for a PHA -owned unit to be leased under the voucher program, the unit must not be ineligible housing and t he PHA must inform the family, both orally and in writing, that the family has the right to select any eligible unit available for lease and that the family is free to select a PHA -owned unit without any pr essure or steering by the PHA . PHA Policy The PHA does not have any eligible PHA-owned units available for leasing under the voucher program. Assisted Living Facilities [Notice PIH 2012 -40 (HA)] I n accordanc e with the d ef inition under S ec tion 232(b) of the Na tion a l Hous ing Ac t (12 USC 1715w(b )), an a ssis ted living fac ili ty is a public fac ili ty, proprietary fac ili ty, or fac ili ty of a pr iv a te nonprof it corpo ra tion th a t: (1) is li ce nsed and regulated by the Sta te (or if th ere is no Sta te la w p roviding for su ch li ce nsin g and regulation by the State, by the municipa li ty or other politi ca l subdivision in which the fac ili ty is lo ca ted); (2) make s ava il able to residents supportive s er vices to a ssist the re sidents in car rying out ac tiviti es of daily livi ng, su ch a s b athing, d re ssi ng, ea tin g, ge tting in and out of bed or chairs, wa lkin g, going outdoor s, using the toil et, laundry, home management, prep ar ing m ea ls, shoppi ng for p er so na l it ems, obta ining and taking medi ca tion, manag ing mo ney, usi ng the telephone, or p erf or mi ng li ght or h ea vy house wo rk, and which may make ava il able to residents home h ea lth ca r e ser vi ce s, su ch as nursin g and th era py ; and (3) provide s s ep ar a te dwe lling units for residents, eac h of whi ch may contain a f ull kit chen and ba th room, and whic h in clude s common rooms and other fac iliti e s appr op ria te for the provision of supportive s er vi ce s to the re sidents of the f ac ili ty. Assis ted living fac iliti es may be re fe r re d to a s residentia l ca re fac iliti es, a dult car e f ac iliti es, congregate care f ac iliti e s or group home s a s lo n g a s th ey m ee t the requirements noted above. Assis ting living fac iliti e s ar e designed for residents who have the phys ic a l a bili ty to live independently but n ee d a ssis tance with so me ac ti v iti es of daily living such a s p er sona l care, t ra nsp ort ation, m ea ls, l aundry, medi ca tion monito r in g, s ec urity and housekeeping . A p er son re siding in an a ssis ted living unit must not re quire continua l m edi ca l or nursing c are . PHAs are allowed to require a family to pay more than 40 percent of its monthly adjusted income for a unit in an assisted living facility if the amount or percentage is reasonable given the services and amenities provided by the assisted living facility and as the Secretary deems appropriate. A P HA m ay subm it a re que st for a wa iv er of 24 CFR § 982.508 and § 982.305 (a)(5) th rough the wa iv er process under 24 CFR § 5.110 to re quire a fa mi ly to pay mo r e th an 40 p er cent of its monthly adjusted income for an a ssis ted unit, in order to a llow the fa mi ly to l ea se an a ssis ted DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -5 living u nit th at would oth er wise be disapproved b eca use the fa mi ly sh ar e would ex cee d 40 per ce nt of monthly adjusted income. HUD will re vie w s uch requests on a ca se-by-case b asi s and may g ra nt the wa iv er if H UD d eter min es the re que st demonst ra te s good ca use . HUD would exp ec t th a t su ch request s would not re su l t in the fa mi ly sh are ex cee ding 70 p er cent of the fa mi ly’s adjusted income. Special Housing Types [24 CFR 982 Subpart M] HUD regulations permit, but do not generally require, the PHA to permit families to use voucher assis tance in a number of special housing types in accordance with the specific requirements applicable to those programs. These special housing types include single room occupancy (SRO) housing, congregate housing, group home, shared housing, manufactured home space (where the family owns the manufactured home and leases only the space), cooperative housing and homeownership option. See Chapter 15 for specific information and policies on any of these housing types that the PHA has chosen to allow. The regulatio ns do require the PHA to permit use of any special housing type if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. Duplicative Assistance [24 CFR 982.352(c)] A family may not receiv e the benefit of tenant -based assistance while receiving the benefit of any of the following forms of other housing subsidy, for the same unit or for a different unit: • Public or Indian housing assistance; • Other Section 8 assistance (including other tenan t- or project based assistance); • Assistance under former Section 23 of the United States Housing Act of 1937 (before amendment by the Housing and Community Development Act of 1974); • Section 101 rent supplements; • Section 236 rental assistance payments; • T enant -based assistance under the HOME Program; • Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of the Rural D evelopment Administration); • Any local or State rent subsidy; • Section 202 supportive housing for the elderly; • Section 811 supportive housing for persons with disabilities; (11) Section 202 projects for non-elderly persons with disabilities (Section 162 assistance); or • Any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this purpose, 'housing subsidy' does not include the housing component of a welfare payment, a social security payment received by the family, or a rent reduction because of a tax credit. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -6 Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401] In or der to be eligible, the dwelling unit must be in decent, safe and sanitary condition. This determination is made using HUD’s Housing Quality Standards (HQS) and/or equivalent state or lo cal standards approved by HUD. S ee Chapter 8 for a full discussion of the HQS standards, as well as the process for HQS inspection at initial lease -up. Unit Size In order to be eligible, the dwelling unit must be appropriate for the number of persons in the household. A family must be allowed to lease an otherwise acceptable dwelling unit with fewer bedrooms than the number of bedrooms stated on the voucher issued to the family, provided the unit meets the applicable HQS space requirements [24 CFR 982.402(d)]. The family must be allowed to lease an otherwise acceptable dwelli ng unit with more bedrooms than the number of bedrooms stated on the voucher issued to the family. See Chapter 5 for a full discussion of subsidy standards. Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507] In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be reasonable in relation to comparable unassisted units in the area and must not be in excess of rents charged by the owner for comparable, unassisted units on the premises. See Chapter 8 for a full discussion of rent reasonableness and the rent reasonableness determination process. Rent Burden [24 CFR 982.508] 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 . The term “family share” refers to the amount the family pays toward rent and utilities. The gross rent for the unit minus the total housing assistance p ayment (HAP) for the unit equals the family share . See Chapter 6 for a discussion of calculation of gross rent, the use of payment standards, and calculation of family income, family share of rent and HAP . 9-I.E . LEASE AND TENANCY ADDENDUM The family and the owner must execute a written dwelling lease agreement for the assisted unit. This written lease is a contract between the tenant family and the owner; the PHA is not a party to the contract. The tenant must have legal capacity to enter a lease under State and local law. 'Legal capacity' means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner [24 CFR 982.308(a)] Lease Form and Tenancy Addendum [24 CFR 982.308] If the owner uses a standard lease for m for rental to unassisted tenants in the locality or the premises, the lease must be in such standard form. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease. The contract prescribed by HUD contains the owner's certification that if the owner uses a standard lease form for rental to unassisted tenants, the lease for the assisted tenants is in such standard form. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -7 All provisions in the HUD-required Tenancy Addendum must be added word-fo r-word to the owner's standard lease form. The Tenancy Addendum includes the HUD requirements for the program tenancy . Because it is a part of the lease, the tenant shall have the right to enforce the Tenancy Addendum against the owner . If there is a conflict between the owner’s lease and the Tenancy Addendum, and the terms of the Tenancy Addendum shall prevail over any o ther provisions of the lease. PHA Policy The PHA does not provide a model or standard dwelling lease for owners to use in the HCV progra m. Lease Information [24 CFR 982.308(d)] The assisted dwelling lease must contain all of the required information as listed below : • The names of the owner and the tenant: • The unit rented (address, apartment number, and any other information needed to ident ify the contract unit) • The term of the lease (initial term and any provisions for renewal) • The amount of the monthly rent to owner • A specification of what utilities and appliances are to be supplied by the owner, and what utilities and appliances are to be supplied by the family Term of Assisted Tenancy The initial term of the assisted dwelling lease must be for at least one year [24 CFR 982.309]. The initial lease term is also stated in the contract . The HUD program regulations permit the PHA to approve a shorter initial lease term if certain conditions are met. PHA Policy The PHA may approve an initial lease term of less than one (1) year. During the initial term of the lease, the owner may not raise the rent to owner [24 CFR 982.309]. Any provisions for renewal of the dwelling lease will be stated in the dwelling lease [HCV Guidebook, pg. 8-22]. There are no HUD requirements regarding any renewal extension terms, except that they must be stated in the dwelling lease if they exist. The PHA may execute the contract even if there is less than one year remaining from the beginning of the initial lease term to the end of the last expiring funding increment under the consolidated ACC. [24 CFR 982.309 (b)]. Security Deposit [24 CFR 982.313 (a) and (b)] The owner m ay collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. However, if the PHA chooses to do so, language to this effect mu st be added to Part A of the contract [Form HUD-52641]. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -8 PHA Policy The PHA will allow the owner to collect any security deposit amount the owner determines is appropriate and is consistent with state regulations . T herefore , no modifications to the contract will be necessary. Separate Non -Lease Agreements between Owner and Tenant Owners may not demand or accept any rent payment from the family in excess of the rent to the owner as approved by the PHA minus the PHA’s housing assistance payments to the owner [24 CFR 982.451(b)(4)]. The owner ma y not charge the tenant extra amounts for items customarily included in rent in the locality, or provided at no additional cost to unsubsidized tenants in the premises [24 CFR 982.510(c)]. PHA Policy The PHA permits owner s and families to execute separate, non -lease agreements for services, appliances (other than range and refrigerator) and other items that are not included in the lease. Any items, appliances, or other services that are customarily provided to unassisted f amilies as part of the dwelling lease with those families, or are permanently installed in the dwelling unit must be included in the dwelling lease for the assisted family. These items, appliances or services cannot be placed under a separate non-lease agr eement between the owner and family. Side payments for additional rent, or for items, appliances or services customarily provided to unassisted families as part of the dwelling lease for those families, are prohibited. Any items, appliances, or other servi ces that are not customarily provided to unassisted families as part of the dwelling lease with those families, are not permanently installed in the dwelling unit and where the family has the sole option of not utilizing the item, appliance or service, may be included in a separate non -lease agreement between the owner and the family. The family is not liable and cannot be held responsible under the terms of the assisted dwelling lease for any charges pursuant to a separate non -lease agreement between the owner and the family. Non-payment of any charges pursuant to a separate non-lease agreement between the owner and the family cannot be a cause for eviction or termination of tenancy under the terms of the assisted dwelling lease. Separate non -lease agreemen ts that involve additional items, appliances or other services may be considered amenities offered by the owner and may be taken into consideration when determining the reasonableness of the rent for the property. PHA Review of Lease The PHA will review the dwelling lease for compliance with all applicable requirements. PHA Policy If the dwelling lease is incomplete or incorrect, the PHA will notify the family and the owner of the deficiencies. Missing and corrected lease information will only be accepted DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -9 as hard copies, in-person, by mail , or by fax. The PHA will not accept missing and corrected information over the phone HOME Program: The PHA will review the lease to make certain it does not contain any of the following prohibited lease terms (24 CFR 92.25 3 (b)): • Agreement by the tenant to be sued, to admit guilt or to a judgment in favor of the owner in a lawsuit brought in connection with the lease. • Agreement by the tenant that the owner may take, hold or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. In that case, the owner may dispose of this personal property in accordance with state law. • Agreement by the tenant not to hold the owner or the owner’s agents legally responsible for any action or the failure to act, whether intentional or negligent. • Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant. • Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense or before a court decision on the rights of the parties. • Agreement by the tenant to waive any right to a trial by jury. • Agreement by the tenant to waive the tenant’s right to appeal or to otherwise challenge in court a decision in connection with the lease. • Agreement by the tenant to pay attorney fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. Because the initial leasing process is time -sensitive, the PHA will attempt to communicate with the owner and family by phone, fax, or email. The PHA will use mail when the parties can’t be reached by phone, fax, or email. The PHA is permitted, but is not required , to review the lease to determine if the lease complies with State and local law and is permitted to decline to approve the tenancy if the PHA determines that the lease does not comply with St ate or local law [24 CFR 982.308 (c)] PHA Policy The PHA will not review the owner’s lease for compliance with state/local law , unless the HOME program funds the voucher. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -10 9-I.F. TENANCY APPROVAL [24 CFR 982.305] After receiving the family's Request for Tenancy Approval, with proposed dwelling lease, the PHA must pro mptly notify the family and owner whether the assisted tenancy is approved. Prior to approving the assisted tenancy and execution of a contract , the PHA must ensure that all required actions and determinations; discussed in Part I of this c hapter have been completed. These actions include ensuring that the unit is eligible; the unit has been inspected by the PHA and meets the Housing Quality Standards (HQS); the lease offered by the owner is approvable and includes the required Tenancy Addendum ; the rent to be charged by the owner for the unit must is reasonable; where the family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the family, the share of rent to be paid by the family does not exceed 40 percent of the family’s monthly adjusted income [24 CFR 982.305(a)]; the owner is an eligible owner, not disapproved by the PHA, with no conflicts of interest [24 CFR 982.306]; the family and the owner have executed the lease, including the Tenancy Addendum, a nd the lead -based paint disclosure information [24 CFR 982.305(b)]. PHA Policy The PHA will complete its determination within 10 business days of receiving all required information. If the terms of the RTA/proposed lease are changed for any reason, including but not limited to negotiation with the PHA, the PHA will obtain corrected copies of the RTA and proposed lease, signed by the family and the owner. Corrections to the RTA/proposed lease will only be accepted as hard copies, in- person, by mail , or by f ax . The PHA will not accept corrections over the phone. If the PHA determines that the tenancy cannot be approved for any reason, the owner and the family will be notified in writing and given the opportunity to address any reasons for disapproval. The PHA will instruct the owner and family of the steps that are necessary to obtain approval of the tenancy. Where the tenancy is not approvable because the unit is not approvable, the family must continue to search for eligible housing within the timeframe of t he issued voucher. 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)(o)(10)(B)]. If a new, approvable rent is negotiated, the tenancy will be approved. If the owner is not willing to negotiate an approvable rent, the family must continue to search f or eligible housing within the timeframe of the issued voucher. If the unit passes the PHA’s initial inspection but the tenancy is cancelled by the family or owner, the PHA need not reinspect the unit if an RTA is s ubmitted by another family and the initial inspection is less than sixty (60) days old. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -11 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.305] The contract is a written agreement between the PHA and the owner of the dwelling unit. Under the HAP contract , the PHA agree s to make housing assistance paymen ts to the owner on behalf of the family, and the owner agrees to comply with all program requirements as stated in the HAP contract . The contract form is prescribed by HUD. If the PHA has given approval for the family of the assisted tenancy, the owner an d the PHA must execute the contract . The term of the contract must be the same as the term of the lease [24 CFR 982.451(a)(2)]. The PHA is permitted to execute a contract even if the funding currently available does not extend for the full term of the HAP contract . The PHA must make a best effort to ensure that the contract is executed before the beginning of the lease term. Regardless, the HAP contract must be executed no later than 60 calendar days from the beginning of the lease term. The PHA may not pay any housing assistance payment to the owner until the contract has been executed. If the contract is executed during the period of 60 calendar days from the beginning of the lease term, the PHA will pay housing assistance payments after execution of the contract (in accordance with the terms of the HAP contract ), to cover the portion of the lease term before execution of the HAP contract (a maximum of 60 days). Any contract executed after the 60-day period is void, and the PHA may not pay any housing assi stance payment to the owner. PHA Policy Owners who have not previously participated in the program will be offered the opportunity to attend a meeting with the PHA in which the terms of the Tenancy Addendum and the contract will be explained. The owner and the assisted fam ily will execute the dwelling lease and the owner must provide a copy to the PHA. The PHA will ensure that both the owner and the assisted family receive copies of the dwelling lease. The owner and the PHA will execute the contract . The P HA will not execute the contract until the owner has submitted IRS form W-9 and the Direct Deposit form. The PHA will ensure that the owner receives a copy of the executed contract . See Chapter 13 for a discussion of the contract and contract provisions. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16-17 Unlimited copies may be made for internal use. Page 9 -12 9-I.H . CHANGES IN LEASE OR RENT [24 CFR 982.308] If the tenant and the owner agree to any changes in the lease, such changes must be in writing, and the owner must immediately give the PHA a copy of such changes. The lease, including any changes, must r emain in accordance with the requirements of this c hapter . Generally, PHA approval of tenancy and execution of a new contract are not required for changes in the lease. However, under certain circumstances , the execution of a new lease and contract are re quired . These circumstances include: • Changes in lease requirements governing tenant or owner responsibilities for utilities or appliances • Changes in lease provisions governing the term of the lease • The family moves to a new unit, even if the unit is in the same building or complex In these cases, if the assistance is to continue, the family must submit a new Request for Tenancy Approval (RTA ) along with a new dwelling lease containing the proposed terms . A new tenancy must then be approved in accordance with thi s chapter . Where the owner is changing the amount of the rent to owner, the owner must notify the PHA at least 60 days before any such changes g o into effect [24 CFR 982.308(g)(4)]. The 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. If the requested rent is not found to be reasonabl e, the owner must either reduce the requested rent increase, or terminate the tenancy in accordance with the terms of the lease . No rent increase is permitted during the initial term of the lease [24 CFR 982.309(a)(3)]. PHA Policy Where the owner is reques ting a rent increase, the PHA will determine whether the requested increase is reasonable within 15 business days of receiving the request from the owner. The owner will be notified of the determination in writing. Rent increases will go into effect on the first of the month following the 60-day period after the owner notifies the PHA of the rent change or on the date specified by the owner, whichever is later. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -1 Chapter 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY INTRODUCTION Freedom of housing choice is a hallmark of the housing choice voucher (HCV) program. In general , HUD regulations impose few restrictions on where families may live or move with HCV assistance. This chapter sets forth HUD regulations and PHA policies governing moves within or outside the PHA’s jurisdiction in two parts: Part I: Mov ing with Continued Assistance . This part covers the general rules that apply to all moves by a family assis ted under the PHA’s HCV program, whether the family moves to another unit within the PHA’s jurisdiction or to a unit outside the PHA’s jurisdiction under portability. Part II: Portability . This part covers the special rules that apply to moves by a family under portability, whether the family moves out of or into the PHA’s jurisdiction. This part also covers the special responsibilities that the PHA has under portability regulations and procedures. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -2 PART I : MOVING WITH CONTINUED ASSISTANCE 10-I.A. ALLOWABLE MOVES HUD list s six regulatory conditions under which an assisted family is allowed to move to a new unit with continued assistance. Permission to move is subject to the restrictions set forth in section 10-I.B. • The family has a right to ter minate the lease on notice to the owner (for the owner’s breach or otherwise) and has given a notice of termination to the owner in accordance with the lease [24 CFR 982.35 4(b)(3 )]. If the family terminates the lease on notice to the owner, the family must give the PHA a copy of the notice at the same time [24 CFR 982.35 4(d)(1)]. • The lease for the family’s unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.35 4(b)(1)(ii)]. PHA Policy If the family and the owner mutually agree to terminate the lease for the family’s unit, the family must give the PHA a copy of the termination agreement. • The owner has given the family a notice to vacate, has commenced an action to evict the family, or has obtained a court judgment or other proc ess allowing the owner to evict the family [24 CFR 982.354(b)(2)]. The family must give the PHA a copy of any owner eviction notice [24 CFR 982.551(g)]. • The family or a member of the family is or has been the victim of domestic violence, dating violence, s exual assault, or stalking and the move is needed to protect the health or safety of the family or family member [24 CFR 982.354(b)(4)]. This condition applies even when the family has moved out of its unit in violation of the lease, with or without prior notification to the PHA, if the family or family member who is the victim reasonably believed that he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. PHA Policy When a family requests permission to move with continued assistance based on a claim that the move is necessary to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, the PHA will request documentation in accordance with section 16-IX.D of this plan. The PHA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the family or family member will suffice. In such cases the PHA will document the waiver in the family’s file. • The PHA has terminated the HAP contract for the family’s unit for the owner’s breach [24 CFR 982.35 4(b)(1)(i)]. • The PHA determines that the family’s current unit does not meet th e HQS space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -3 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. If an acceptable unit is available for the family, the PHA must terminate the HAP contract for the family’s old unit in accordance with the HAP contract terms and must notify both the family and the owner of the termination. The HAP contract terminates at the end of the calendar month that follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)] 10-I.B. RESTRICTI ONS ON MOVE S A family’s right to move is generally contingent upon the family’s compliance with program requirements [24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to move and two ways in which a PHA may r estrict moves by a family. Denial of Moves HUD regulations permit the PHA to deny a family permission to move under the following conditions: Insufficient Funding The PHA may deny a family permission to move either within or outside the PHA’s jurisdiction if the PHA does not have sufficient funding for continued assistance [24 CFR 982.35 4(e)(1)]. However, Notice s PIH 2012-42 significantly restrict the ability of PHAs to deny permission to move due to insufficient funding and places further requirements on PHAs regarding moves denied due to lack of funding. The requirements found in this notice are mandatory. PHA Policy The PHA will deny a family permission to move on grounds that the PHA does not have sufficient funding for continued assistance if (a) the m ove is initiated by the family , not the owner or the PHA; (b) the PHA can demonstrate that the move will, in fact, result in higher subsidy costs ; and (c) the PHA can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it does not have sufficient funding in its annual budget to accommodate the higher subsidy costs. The PHA will create a list of families whose moves have been denied due to insufficient funding. When funds become available, the families on this list will take preced ence over families on the waiting list. The PHA will use the same procedures for notifying families with open requests to move when funds become available as it uses for notifying families on the waiting list (see section 4 -III.D). The PHA will inform the family of its policy regarding moved denied due to insufficient funding in a letter to the family at the time the move is denied. When a request to move is due to a disability of a family member, even if a family might otherwise be restricted from moving (e.g., under a “one move per year” policy or because of insufficient funding), the PHA will consider requests for reasonable accommodations in accordance with HUD’s regulations at 24 CFR 100.204, 24 CFR 8.33, and 28 CFR 35.130, including reasonable accommo dations relating to moves, that are necessary for a qualified individual with a disability to benefit from the pr ogram. In cases where the limitation on portability is compelled by regulation, the PHA will first assess whether the DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -4 requested accommodation would impose an undue financial and administrative burden. If it is not, the PHA will forward the request to HUD so the relevant regulatory provision can be waived by the Assistant Secretary. Grounds for Denial or Termination of Assistance The PHA may deny a family permission to move if it has grounds for denying or terminating the family’s assistance [24 CFR 982.35 4(e)(2)]. PHA Policy If the PHA has grounds for denying or terminating a family’s assistance, the PHA will act on those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12 , respectively . I n general, it will not deny a family permission to move for this reason ; i.e., holding the family accountable for its action or failure to act without taking the more drastic step of denying or terminating the family’s assistance; however, it retains the discretion to do so under special circumstances. If termination proceedings have commenced the participant may not be considered a tenant in good standing and may not move with assistance. The PHA should not accept or act upon any RTAs submitted by the participant while an appeal is pending. Restrictions on Elective Moves [24 CFR 982.35 4(c)] HUD regulations permit the PHA to prohibit any elective move by a participant family dur ing the family’s initial lease term. They also permit the PHA to prohibit more than one elective move by a participant family during any 12-month period. However, such prohibitions, if adopted, do not apply when the family or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and the move is needed to protect the health or safety of the family or family member. (For the policy on documentation of abuse, see section 10-I.A.) In addition, the PH A may not establish a policy permitting moves only at reexamination [Notice PIH 2012-42]. PHA Policy T he PHA will deny a family permission to make an elective move during the family’s initial lease term . The PHA will not approve a family’s request for a vo ucher if the PHA has previously issued a voucher within any 12-month period. This policy applies to moves within or outside of the PHA’s jurisdiction under portability. The PHA will also deny a family permission to make more than one elective move during a ny 12 -month period. This policy applies to all assisted families residing in the PHA’s jurisdiction. If the family moves without prior approval from the PHA, the family will lose their rental assistance and be responsible for the full rent at the new unit. The PHA will deny permission to move if the family has violated a family obligation, or is not current on an executed repayment agreement with the PHA. The PHA will consider exceptions to th ese polic ies for the following reasons: to protect the health or safety of a family member (e.g., lead -based paint hazards, domestic violence, and witness protection programs), to accommodate a change in family DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -5 circumstances (e.g., new employment, school attendance in a distant area), or to address an emergency situatio n over which a family has no control. In addition, t he PHA will allow exceptions to th ese polic ies for purposes of reasonable accommodation of a family member who is a person with disabilities (see Chapter 2). 10-I.C. MOVING PROCESS Notification If a famil y wishes to move to a new unit, the family must notify the PHA and the owner before moving out of the old unit or terminating the lease on notice to the owner [24 CFR 982.354(d)(2)]. If the family wishes to move to a unit outside the PHA’s jurisdiction und er portability , the notice to the PHA must specify the area where the family wishes to move [24 CFR 982.35 4(d)(2), Notice PIH 2012-42 ]. The notices must be in writing [24 CFR 982.5]. Approval PHA Policy Upon receipt of a family’s notification that it wishe s to move, the PHA will determine whether the move is approvable in accordance with the regulations and policies set forth in sections 10-I.A and 10-I.B. The PHA will notify the family orally or in writing of its determination within 15 business days follo wing receipt of the family’s notification . Reexamination of Family Income and Composition PHA Policy For families approved to move to a new unit within the PHA’s jurisdiction, the PHA will perform a new annual reexamination in accordance with the policies set forth in Chapter 11 of this plan. When a family moves to a new unit and thereby establishes a new contract anniversary date, if the family’s latest annual reexamination took effect within 4 months prior to the new contract anniversary, the PHA may si mply ascertain whether there has been any change in the family’s adjusted income since the last annual reexamination and, if so, obtain acceptable verification of only the change. The PHA must then use any new verified information together with information from the last annual reexamination to re - determine the family share of rent and the subsidy payment. [SEMAP Final Rule, 63 Fed. Reg. 48552-48553] (See Chapter 7 for Verification Requirements) For families moving into or families approved to move out of the PHA’s jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -6 Voucher Issuance and Briefing PHA Policy For families approved to move to a new unit within the PHA’s jurisdiction, the PHA will issue a new v oucher within 15 business days of the PHA’s written approval to move. The family must attend a voucher issuance appointment. T he PHA will follow the policies set forth in Chapter 5 on voucher term, extension, and expiration. If a family does not locate a new unit within the term of the voucher and any extensions, the family may remain in its current unit with continued voucher assistance if the owner agrees and the PHA approves. Otherwise, the family will lose its assistance. For families moving into or fa milies approved to move out of the PHA’s jurisdiction under portability, the PHA will follow the policies set forth in Part II of this chapter. Housing Assistance Payments [24 CFR 982.311(d)] When a family moves out of a n assisted unit, the PHA may not mak e any housing assistance payment to the owner for any month after the month the family moves out. The owner may keep the housing assistance payment for the month when the family moves out of the unit. PHA Policy If the family vacates the assisted unit on the 1 st day of the month, the owner will not be entitled to keep the housing assistance payment for that entire month. If a participant family moves from an assisted unit with continued tenant-based assistance, the term of the assisted lease for the new assisted unit may begin during the month the family moves out of the first assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out of the old unit) and the first assistance payment for the new unit, is not con sidered to constitute a duplicative housing subsidy. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -7 PART II: PORTABILITY 10-II.A. OVERVIEW Within the limitations of the regulations and this plan, a participant family or an applicant family that has been issued a voucher has the right to use tenant-based voucher assistance to lease a unit anywhere in the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant -based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The PHA that issues the voucher is called the initial PHA. The PHA that has jurisdiction in the area to which the family wants to move is called the receiving PH A. The receiving PHA has the option of administering the family’s voucher for the initial PHA or absorbing the family into its own program. Under the first option, the receiving PHA provides all housing services for the family and bills the initial PHA for the family’s housing assistance payments and the fees for administering the family’s voucher. Under the second option, the receiving PHA pays for the family’s assistance with its own program funds, and the initial PHA has no further relationship with the family. The initial PHA must contact the receiving PHA via email or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the initial PHA’s voucher. Based on the receiving PHA’s response, the initial PHA must dete rmine whether they will approve or deny the portability request [Notice PIH 2012-42]. PHAs commonly act as both the initial and receiving PHA because families may move into or out of their jurisdiction under portability. Each role involves different respo nsibilities . The PHA will follow the rules and policies in section 10 -II.B when it is acting as the initial PHA for a family. It will follow the rules and policies in section 10 -II.C when it is acting as the receiving PHA for a family. In administering por tability, the initial PHA and the receiving PHA must comply with financial procedures required by HUD, including the use of HUD-required forms [24 CRF 982.355(e)(5)]. PHAs must also comply with billing and payment deadlines. HUD may reduce an administrativ e fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements [24 CFR 982.355(e)(7). 10-II.B. INITIAL PHA ROLE Allowable Moves under Portability A family may move with voucher assistance only to an area where there is at least one PHA administering a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA provides the family with the contact information for the receiving PHAs that serve the area, and the family selects the receiving PHA. The family must inform the initial PHA which PHA it has selected. If the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family [24 CRF 982.255(b)]. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -8 Applicant families that have been issued vouchers as well as participant families may qualify to lease a unit outside the PHA’s jurisdiction under portability. HUD regulations and PHA policy, determines whether a family qualifies. Applicant Families Under HUD regulations, most applicant famili es qualify to lease a unit outside the PHA’s jurisdiction under portability. However, HUD gives the PHA discretion to deny a portability move by an applicant family for the same two reasons that it may deny any move by a participant family: insufficient fu nding and grounds for denial or termination of assistance. If a PHA intends to deny a family permission to move under portability due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny the move [24 CFR 982.355(e)]. PHA Policy In determining whether or not to deny an applicant family permission to move under portability because the PHA lacks sufficient funding or has grounds for denying assistance to the family, the initial PHA will follow the policies estab lished in section 10- I.B of this chapter. If the PHA does deny the move due to insufficient funding, the PHA will notify HUD in writing within 10 business days of the PHA’s determination to deny the move. In addition, t he PHA may establish a policy denyin g the right to portability to nonresident applicants during the first 12 months after they are admitted to the program [24 CFR 982.353(c)]. PHA Policy If neither the head of household nor the spouse/co-head of an applicant family had a domicile (legal residence ) in the PHA’s jurisdiction at the time that the family’s initial application for assistance was submitted, the family must lease a unit within the initial PHA’s jurisdiction for at least 12 months before requesting portability. The PHA will consider exceptions to this policy for purposes of reasonable accommodation (see Chapter 2) or reasons related to domestic violence, dating violence, sexual assault, or stalking. Participant Families The initial PHA must not provide portable assistance for a parti cipant if a family has moved out of its assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence Against Women Act of 2013 (VAWA ) creates an exception to this prohibition for families who are otherwise in compliance with program obligation s but have moved to protect the health or safety of a family member who is or has been a victim of domestic violen ce, dating violence, sexual assault, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.353(b)]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -9 The PHA will determine whether a participant family may move out of the PHA’s jurisdiction with continued assistance in accordance with the regulations and policies set forth here and in se ctions 10-I.A and 10-I.B of this chapter. The PHA will notify the family of its determination in accordance with the approval policy set forth in section 10- I.C of this chapter. Determ ining Income Eligibility Applicant Families An applicant family may lease a unit in a particular area under portability only if the family is income eligible for admission to the voucher program in that area [24 CFR 982.353(d)(1 )]. The family must specify the area to which the family wishes to move [24 CRF 982.355(c)(1)]. The initial PHA is responsible for determining whether the family is income eligible in the area to which the family wishes to move [24 CFR 982.353(d )(1), 24 CFR 982.355(9)]. If the applicant family is not income eligible in that area, the PHA must inform the family that it may not move there and receive voucher assistance [Notice PIH 2012-42 ]. Participant Famil ies The income eligibility of a participant family is not re -determined if the family moves to a new jurisdiction under portability [24 CFR 982.353(d)(2)]. Reexamination of Family Income and Composition No new reexamination of family income and composition is required for an applicant family. PHA Policy For a participant family approved to move out of its jurisdiction under portability, the PHA generall y will conduct a reexamination of family income and composition only if the family’s annual reexamination must be completed on or before the initial billing deadline specified on form HUD-52665 , Family Portability Information . The PHA will make any excepti ons to this policy necessary to remain in compliance with HUD regulations. Briefing The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide information on portability to all applicant families that qualify t o lease a unit outside the PHA’s jurisdiction under the portability procedures. Therefore, no special briefing is required for these families. PHA Policy No formal briefing will be required for a participant famil y wishing to move outside the PHA’s jurisdi ction under portability. However, the PHA will provide the family with the same oral and written explanation of portability that it provides to applicant families selected for admission to the program (see Chapter 5). The PHA will provide the name, address , and telephone number of the contact for the PHAs in the jurisdiction to which they wish to move. If there is more than one PHA with jurisdiction over the area to DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -10 which the family wishes to move, the PHA will advise the family that the family must select the receiving PHA and notify the initial PHA of which receiving PHA was selected. The PHA will further inform the family that if the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of the family. The PHA will advise the family that they will be under the RHA’s policies and procedures, including screening, subsidy standards, voucher extension policies, and payment standards. Voucher Issuance and Term An applicant family has no right to portability unti l after the family has bee n issued a voucher [24 CFR 982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures set forth in Chapter 5. PHA Policy For participating families approved to move under portabilit y, the PHA will issue a new voucher within 15 business days of the PHA’s approval to move. Income will be verified at the time the RTA is issued to assure participant TTP does not exceed 40 percent of their adjusted income. The initial term of the voucher will be 60 days. Voucher Extensions and Expiration PHA Policy The PHA will not approve extensions to a voucher issued to an applicant or participant family porting out of the PHA’s jurisdiction except under the following circumstances: (a) the initial ter m of the voucher will expire before the portable family will be issued a voucher by the receiving PHA, (b) the family decides to return to the initial PHA’s jurisdiction and search for a unit there , or (c) the family decides to search for a unit in a third PHA’s jurisdiction . In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E, of this plan will apply , including the requirement that the family apply for an extension in writing prior to the expiration of the initial vouch er term . To receive or continue receiving assistance under the initial PHA’s voucher program, a family that moves to another PHA’s jurisdiction under portability must be under HAP contract in the receiving PHA’s jurisdiction within 90 days following the ex piration date of the initial PHA’s voucher term (including any extensions). (See below under “Initial Billing Deadline ” for one exception to this policy.) Preapproval Contact with the Receiving PHA Prior to approving a family’s request to move under portab ility, the initial PHA must contract the receiving PHA via e -mail or other confirmed delivery method to determine whether the receiving PHA will administer or absorb the family’s voucher. Based on the receiving PHA’s response, the initial PHA must determin e whether it will approve or deny the move [Notice PIH 2012-42 ]. PHA Policy The PHA will use e -mail, when possible, to contact the receiving PHA regarding whether the receiving PHA will administer or absorb the family’s voucher. DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -11 Initi al Notification to the Receiving PHA After approving a family’s request to move under portability, the initial PHA must promptly notify the receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3); 24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request assistance from the receiving PHA [24 CFR 982.355(c)(6 )]. PHA Policy Because the portability process is time -sensitive, the PHA will notify the receiving PHA by phone, fax, or e-mail to expect the family. The initial PHA will provide the name , fax , email address and telephone number of the staff person at the receiving PHA responsible for business with incoming portable families . Sending Documentation to the Receiving PHA The initial PHA is require d to send the receiving PHA the following documents: • Form HUD -52665, Family Portability Information, with Part I filled out [Notice PIH 2012-42] • A copy of the family’s voucher [Notice PIH 2012-42] • A copy of t he family’s most recent form HUD -50058 , Family Report , or, if necessary in the case of an applicant family, family and income information in a format similar to that of form HUD -50058 [24 CFR 982.355(c)(7 4), Notice PIH 2012-42] • Copies of the income verifications backing up the form HUD -50058, including a copy of the family’s current EIV data [24 CFR 982.355(c)(7 4), Notice PIH 2012-42] PHA Policy In addition to these documents, the PHA will provide the following information, if available , to the receiving PHA: Social security numbers (SSNs) Documentation of citizenship or eligible immigration status Documentation of participation in the earned income disallowance (EID) benefit Documentation of participation in a family self -sufficiency (FSS) program Documentation of SSNs for all non-exempt household member s whose SSNs have not been verified through the EIV system Documentation of legal identity Initial Billing Deadline [Notice PIH 2012-42, Letter to Executive Directors, 9/15/15] The deadline for submission of initial billing is 90 days following the expirati on date of the voucher issued to the family by the initial PHA. If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late billing submission , it must contact the receiving PHA to determine the status of the family. If the receiving PHA reports that the family is not yet under HAP contract, the initial PHA may refuse to accept a late billing submission. If DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -12 the receiving PHA reports that the family is under contract and the receiving PHA cannot absorb the family, the initial PHA must accept a late billing submission; however, it may report to HUD the receiving PHA’s failure to comply with the deadline. PHA Policy If the PHA has not received an initial billing notice from the receiving PHA within 90 days of expirat ion of the IHA’s voucher , it will contact the receiving PHA by phone, fax, or e -mail on the next business day. If the PHA reports that the family is not yet under contract, the PHA will inform the receiving PHA that it will not honor a late billing submission and will return any subsequent billings that it receives on behalf of the family . The PHA will send the receiving PHA a written confirmation of its decision by mail. The PHA will allow an exception to this policy if the family includes a person with di sabilities and the late billing is a result of a reasonable accommodation granted to the family by the receiving PHA . Monthly Billing Payments [24 CFR 982.355(e), Notice PIH2012-42] If the receiving PHA is administering the family’s voucher, the receiving PHA bills the initial PHA for housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing administrative fe e or 100 percent of the receiving PHA’s ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill [24 CRF 982.355(e)(2)]. T he initial PHA is responsible for making billing payments in a timely manner. T he first billing amount is due within 30 calendar days after the initial PHA receives Part II of f orm HUD -52665 from the r eceiving PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day of each month. The payments must be provided in a form and man ner that the receiving PHA is able and willing to accept. The i nitial PHA may not terminate or delay making payments under existing portability billing a rrangements as a result of over leasing or funding shortfalls. The PHA must manage its tenant - based pro gram in a manner that ensures that it has the financial ability to provide assistance for families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as well as for families that remain within its jurisdiction . PHA P olicy The initial PHA may utilize direct deposit to ensure that the payment is received by the deadline unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. Annual Updates of Form HUD-50058 If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD -50058 each year from the receiving PHA. If the initial PHA fails to receive an updated DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -13 50058 by the family’s annual reexamination date, the initial PHA should contact the re ceiving PHA to verify the status of the family. Denial or Termination of Assistance [24 CFR 982.355(c)(17 )] At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate assistance with the family in accor dance with 24 CFR 982.552 and 24 CFR 982.553.(For PHA policies on denial and termination, see Chapters 3 and 12, respectively.) 10-II.C . RECEIVING PHA ROLE If a family has a right to lease a unit in the receiving PHA’s jurisdiction under portability, the receiving P HA must provide assistance for the family [24 CFR 982.355(10)]. HUD may determine in certain instances that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster area. However, the PHA must have approval in writin g from HUD before refusing any incoming portable families [24 CFR 982.355(b)]. Administration of the voucher must be in accordance with receiving PHA’s policies. This requirement also applies to policies of Moving to Work agencies. The receiving PHA proced ures and preferences for selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not used [24 CFR 982.355(c)(10)]. The family’s unit, or voucher, size is determined in accordance with the subsidy standards of the receiving PHA [24 CFR 982.355 (c)(12)], and the receiving PHA’s policies on extensions of the voucher term apply [24 CFR 982.355(c)(14)]. Responding to Initial PHA’s Request [24 CFR 982.355(c)] The receiving PHA must respond via e-mail or other confirmed delivery method to the initial PHA’s inquiry to determine whether the family’s voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot reverse its decision at a later date without consent of the initial PHA [24 CFR 982.355(c)(4)]. PHA Policy The PHA will use e -mail, when possible, to notify the initial PHA whether it will administer or absorb the family’s voucher. Initial Contact with Family When a family moves into the PHA’s jurisdiction under portability , the family is responsible for promptly contacting the PHA and complying with the PHA’s procedures for incoming portable families . The family’s failure to comply may result in denial or termina tion of the receiving PHA’s voucher [24 CFR 982.355(c)(8)]. If the voucher issued to the family by the initial PHA has expired, the receiving PHA must contact the initial PHA to determine if it will extend the voucher [24 CFR 982.355(c)(13)]. If for any re ason the receiving PHA refuses to process or provide assistance to a family under the portability procedures, the family must be given the opportunity for an informal review or hearing [Notice PIH 2012-42 ]. (For more on this topic, see later under “Denial or Termination of Assistance.”) DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -14 Screening for Eligibility PHA Policy The PHA may, at its discretion , perform a criminal background check for adult household members as part of the portability intake process. The PHA will comply with the policies for crimin al background screening and denial outlined at 3-III.B, 3 -III.C and 3 -III.D. Briefing HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the requirement does not unduly delay the family’s search [Notice PIH2012-42 ]. PHA Policy The PHA will not require the family to attend a briefing. The PHA will provide the family inform ation on the family ’s obligations, the PHA’s payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection pro cess, and the leasing process. Income Eligibility and Reexamination The receiving PHA does not re-determine eligibility for a portable family that was already receiving assistance in the initial PHA’s voucher program [24 CFR 982.355(c)(9)]. If the receiv ing PHA opts to conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(11)]. PHA Policy For a ny family moving into its jurisdiction under portability, t he PHA will conduct a new reexamination of family income and composition and conduct its own criminal background check. However, the PHA will not delay issuing the family a voucher for this reason . Nor will the PHA delay approving a un it for the family until the reexamination process is complete unless the family is an applicant and the PHA cannot otherwise confirm that the family is income eligible for admission to the program in the area where the unit is located . In conducting its own reexamination , the PHA will rely upon any verification provided by the initial PHA to the extent that they (a) accurately reflect the family’s current circumstances and (b) were obtained within the last 120 days. Any new information may be verified by d ocuments provided by the family and adjusted, if necessary, when third party verification is received. However, the PHA will take subsequent action (e.g., recalculating the HAP payment based on updated income information; terminating the family’s participa tion in the program due to criminal background or failing to disclose necessary information) against the family based on any information. Voucher Issuance When a family moves into it s jurisdiction under portability, the receiving PHA is required to issue the family a voucher [24 CFR 982.355(c)(13)]. The family must submit a request for DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -15 tenancy approval to the receiving PHA during the term of the receiving PHA’s voucher [24 CFR 982.355(c)(15 )]. Timing of Voucher Issuance HUD expects the receiving PHA to iss ue the voucher within two weeks after receiving the family’s paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA, and the family complies with the receiving PHA’s procedures [Notice PIH 2012-42 ]. PHA Pol icy When a family ports into its jurisdiction, the PHA will issue the family a voucher based on the paperwork provided by the initial PHA unless the family’s paperwork from the initial PHA is incomplete, the family’s voucher from the initial PHA has expire d or the family does not comply with the PHA’s procedures. The PHA will update the family’s information when verification has been completed. Voucher Term The term of the receiving PHA’s voucher may not expire before 30 calendar days from the expiration of the initial PHA’s voucher [24 CFR 982.355(c)(13 )]. PHA Policy The receiving PHA’s voucher will expire 30 calendar days from the expiration date of the initial PHA’s voucher. Voucher Extensions [24 CFR 982.355(c)(14 ), Notice 2012-42 ] Once the receiving PHA issues the portable family a voucher, the receiving PHA’s policies on extensions of the voucher term apply. The receiving PHA must inform the initial PHA of any extension granted to the term of the voucher . It must also bear in mind the billing deadline provided by the initial PHA. Unless willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and deliver the initial billing to the initial PHA. PHA Policy The P HAs will consider th at individua ls with dis a bili ti e s and fa mili e s th a t in clude a me mb er with a disa bili ty may re quir e additiona l time to lo ca te a su itable unit and may provide additional time beyond the expiration date. The PHA generally will not extend the term of the voucher that it issues to an incoming portable family unless the PHA plans to absorb the family into its own program , in which case it will follow the policies on voucher extension set forth in section 5-II.E . Voucher Suspensions [24 CFR 982.303, 24 CFR 982.355(c)(15)] If the family submits a request for tenancy approval during the term of the receiving PHA’s voucher, the PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family submits a request for PHA approval of the tenancy until the date the PHA DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -16 notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5 -II.E). Notifying the Init ial PHA The receivin g PHA must promptly notify the initial PHA if the family has leased an eligible unit under the program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of the receiving PHA’s voucher [24 CFR 982.355(c)(16 )]. The receiving PHA is required to use Part II of form HUD -52665, Family Portability Information, for this purpose [Notice PIH2012-42]. (For more on this topic and the deadline for notification, see below under “Administering a Portable Family’s Voucher,”) If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but instead wishes to return to the initial PHA’s jurisdiction or to search in another jurisdiction, the receiving PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is once again the voucher originally issued by the initial PHA. Any extension of search time provided by the receiving PHA ’s voucher is on ly valid for the family’s search in the receiving PHA ’s jurisdiction. [Notice PIH 2012-42] Administering a Portable Family’s Voucher Portability Billing [24 CFR 982.355(e)] To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for housing assistance payme nts and administrative fees. The amount of the housing assistance payment for a portable family in the receiving PHA’s program is determined in the same manner as for other families in the receiving PHA’s program. The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA’s ongoing administrative fee or 100 percent of the receiving PHA’s ongoing administrative fee for each program unit under contract on the first day of the month for which the receiving PHA is billing the initial PHA under portability. If the administrative fees are prorated for the HCV program, the proration will apply to the amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for the lesser of 80 percent of the initial PHA’s prorated ongoing administrative fee or 100 percent of the receiving PHA’s ongoing administrative fee). If both PHAs agree, the PHAs may negotiate a different amount of reimbursement. PHA Policy Unless the PHA negotiates a different amoun t of reimbursement with the initial PHA, the PHA will bill the initial PHA the maximum amount of administrative fees allowed, ensuring any administrative fee proration has been properly applied. Initial Billing Deadline If a portable family’s search for a unit is successful and the receiving PHA intends to administer the family’s voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD -52665) (a) no later than 10 business days following the date the receiving PHA executes a HA P contract on behalf of the family and (b ) with sufficient time so that the notice will be received by the initial PHA no later than 60 days following the expiration date of the family’s voucher issued by the initial PHA [Notice PIH 2012-42]. A copy of the family’s form HUD - DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -17 50058, Family Report, completed by the receiving PHA must be attached to the initial billing notice. The receiving PHA may send these documents by mail, fax, or e -mail. PHA Policy T he PHA will send its initial billing notice by fax or e -m ail, if necessary, to meet the billing deadline but will also send the notice by regular mail. If the receiving PHA fails to send the initial billing within 10 business days following the date the contract is executed , it is required to absorb the family into its own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the initial PHA to honor the late submission (e.g., because the receiving PHA is over leased) [Notice PIH 2012-42]. Ongoing Notification Responsibili ties [Notice PIH 2012-42 , HUD -52665] Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family’s updated form HUD -50058 after each annual reexamination for the duration of time the receiving PHA is billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing amount. PHA Policy The PHA will send a copy of the updated HUD -50058 by regular mail at the same time the family and owner are notified of the reexamination results, but no la ter than 30 day s after the effective date of the action . If the re ce iving P HA h as not conducted the annua l ree xa min ation in a tim ely manner, the initial PHA must be notified of such. Change in Billing Amount. The receiving PHA is required to notify the in itial PHA, using form HUD -52665, of any change in the billing amount for the family as a result of: • A change in the contract amount (because of a reexamination , a change in the applicable payment standard, a move to another unit, etc.) • An abatement or subsequent resumption of the HAP payments • Termination of the contract • Payment of a damage/vacancy loss claim for the family • Termination of the family from the program The timing of the notice of the change in the billing amount should correspond with the notification to the owner and the family in order to provide the initial PHA with advance notice of the change. Under no circumstances should the notification be later than 10 business days following the effective date of the change in the billing amount. If th e receiving PHA fails to send Form HUD-52665 within 10 days of effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. Late Payments [Notice PIH 2012-42] If the initial PHA fails to make a monthly paymen t for a portable family by the fifth business day of the month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must identify the family, the amount of the billing payment, the date the DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -18 billing payment was du e, and the date the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If the initial PHA fails to correct the problem by the second month following the notification, the receiving PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence between the PHAs on the matter must be attached. The receiving PHA must send a copy of the memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on behalf of the family ceases wit h the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA. Overpayments [Notice PIH 2012-42] In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effec t, the receiving PHA is responsible for returning the full amount of the overpayment (including the portion provided for administrative fees) to the initial PHA. In the event that HUD determines billing payments have continued for at least three months bec ause the receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving PHA must take the following steps: • Return the full amount of the overpayment, including the portion provided for administrative fees, to the initial PHA. • Once full payment has been returned, notify the Office of Public Housing in the HUD area office with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the initial PHA. At HUD’s discretion, the receiving PHA wil l be subject to the sanctions spelled out in Notice PIH 2012-42. Denial or Termination of Assistance At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable family for family action or inaction [24 CFR 982.355(c)(9), 24 CFR 982.355(c)(10)]. In the case of a termination, the PHA should provide adequate notice of the effective date to the initial PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial PHA later than 10 business days following the effective date of the termination of the billing arrangement. [HUD -52665; Notice PIH 2012-42] PHA Policy If the PHA elects to deny or terminate assistance for a portable family, the PHA will notify the initial PHA within 10 bu siness days after the informal review or hearing if the denial or termination is upheld. The PHA will base its denial or termination decision on the policies set forth in Chapter 3 or Chapter 12 , respectively . The informal review or hearing will be held in accordance with the policies in Chapter 16. The receiving PHA will furnish the initial PHA with a copy of the review or hearing decision. Absor bing a Portable Family DR A F T RE V I S I O N 20 1 6 © Copyri ght 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 10 -19 The receiving PHA may absorb an incoming portable family into its own program when the PH A executes a HAP contract on behalf of the family or at any time thereafter providing that the PHA has funding available under its annual contributions contract (ACC ) [24 CFR 982.355(d)(1), Notice PIH 2012-42]. If the receiving PHA absorbs a family from th e point of admission, the admission will be counted against the income -targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)]. If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement with the initial PHA , HUD encourages the receiving PHA to provide adequate advance notice to the initial PHA to avoid having to return an overpayment. The receiving PHA must specify the effective date of the absorption of the family. [Notice PIH 2012-42] PHA Poli cy If the PHA decides to absorb a portable family upon the execution of a HAP contract on behalf of the family, the PHA will notify the initial PHA by the initial billing deadline specified on form HUD-52665. The effective date of the HAP contract will be the effective date of the absorption. If the PHA decides to absorb a family after that, it will provide the initial PHA with 30 days’ advance notice. Following the absorption of an incoming portable family, the family is assisted with funds available under the consolidated ACC for the receiving PHA’s voucher program [24 CFR 982.355(d)], and the receiving PHA becomes the initial PHA in any subsequent moves by the family under portability [24 CFR 982.355(e)(4)]. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -1 Chapter 11 REEXAMINATIONS INTRODUCTION The PHA is required to reexamine each family’s income and composition at least annually, and to adjust the family’s level of assistance accordingly. Interim reexaminations are also needed in certain situations. This chapter discusses both annual and interim reexaminations, and the recalculation of family share and subsidy that occurs as a result. HUD regulations and PHA policies concerning reexaminations are presented in three parts: Part I: Annual Reexaminations . Thi s p art discusses the process for conducting annual reexamination s. Part II: Interim Reexaminations . This p art details the requirements for families to report changes in family income and composition between annual reexaminations. Part III: Recalculating Fa mily Share and Subsidy Amount . This p art discusses the recalculat ion of family share and subsidy amounts based on the results of annual and interim reexaminations. Policies governing reasonable accommodation, family privacy, required family cooperation, and program abuse, as described elsewhere in this p lan, apply to both annual and interim reexaminations. PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] 11-I.A. OVERVIEW The PHA must conduct a reexamination of family income and composition at least annually. This includes gathering and verifying current information about family composition, income, and expenses. Based on this updated information, the family’s income and r ent must be recalculated. This p art discusses the schedule for annual reexaminations, the information to be collected and verified, and annual reexamination effective dates. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -2 11-I.B. STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(b)] HUD permits PHAs to streamline the income determination process for family members with fixed sources of inc ome. While third -party verification of all income sources must be obtained during the intake process and every three years thereafter, in the intervening years the PHA may determine income from fixed sources by applying a verified cost of living adjustment (COLA) or rate of interest . The PHA may, however, obtain third-party verification of all income, regardless of the sources. Further, upon request of the family, the PHA must perform third-party verification of all income sources. Fixed sources of income include Social Security and SSI benefits, pensions, annuities, disability or death benefits, and other sources of income subject to a COLA or rate of interest. The determination of fixed income may be streamlined even if the family also received income from other non-fixed sources. PHA Policy The PHA will streamline that annual reexamination process by applying the verified COLA or interest rate to fixed -income sources. The PHA will document in the file how the determination that a source of income was fixed was made. If a family member with a fixed source of income is added, the PHA will use third-party verification of all income amounts for tha family member. If verification of the COLA or rate of interest is not available, the PHA will obtain third - party v erification of income amounts. Third -party verification of fixed sources of income will be obtained during the intake process and at least once every three years thereafter. 11-I.BC . SCHEDULING ANNUAL REEXAMINATIONS The PHA must establish a policy to ensur e that the annual reexamination for each family is completed within a 12 -month period, and may require reexaminations mor e frequently [HCV GB p. 12-1]. PHA Policy The PHA will begin the annual reexamination process between 90 and 120 days in advance of it s scheduled effective date. Generally, the PHA will schedule annual reexamination effective dates to coincide with the family’s anniversary date. Anniversary date is defined as 12 months from the effective date of the family’s last annual reexamination or, during a family’s first year in the program, on the first day of the month from the effective date of the family’s initial examination (admission). In accordance with new requirements as the Secretary shall establish, the PHA will implement triennial rece rtifications for households who establish that 90 percent or more of the family income consists of fixed income, as defined by the Secretary, and that the sources of such income have not changed since the previous year. The PHA shall conduct a review of ea ch such family’s income not less than once every 3 years. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -3 If the family moves to a new unit, the PHA will perform a new annual reexamination. When a family moves to a new unit and thereby establishes a new contract anniversary date, if the family’s latest annual reexamination took effect within 4 months prior to the new contract anniversary, the PHA may simply ascertain whether there has been any change in the family’s adjusted income since the last annual reexamination and, if so, obtain acceptable verifi cation of only the change. The PHA must then use any new verified information together with information from the last annual reexamination to re - determine the famil y share of rent and the subsidy payment. [SEMAP Final Rule, 63 Fed.Reg. 48553] (See Chapter 7 for Verification Requirements) The PHA also may schedule an annual reexamination for completion prior to the anniversary date for administrative purposes. Notification of and Participation in the Annual Reexamination Process The PHA is required to obtain the information needed to conduct annual reexaminations. How that information will be collected is left to the discretion of the PHA. However, PHAs should give tenants who were not provided the opportunity the option to complete Form HUD-92006 at this ti me [Notice PIH 2009 -36]. PHA Policy Families are required to participate in an annual reexamination interview, which must be attended by all adult family members and live-in aides . If participation in an in -person interview poses a hardship because of a fa mily member’s disability, the family should contact the PHA to request a reasonable accommodation (see Chapter 2). Notification of annual reexamination will be sent by first -class mail or email a nd will contain the date and location to return the complete d re -examination forms and requir ed documents, and the date, time and location of the subsequent interview. Any required notices sent by the PHA will be addressed to the Head of Household, and must be deliverable to the address of the assisted residence. If the family is unable to attend a scheduled interview, the family should contact the PHA in advance of the interview to schedule a new appointment. If a family does not attend the scheduled interview, the PHA will send a second notification with a new int erview date and appointment time. If a family fails to attend either of the two scheduled interviews without PHA approval, or if the notice is returned by the post of fice, a notice of termination (see Chapter 12) will be sent to the family’s address of re cord, and to any alternate address provided in the family’s file. 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. The family and the PHA must execute a certification attesting to the role and the assistance provided by any such third party . For Limited English Proficient (LEP) applicants, the PHA will provide interpretation services free of charge in accordance with the PHA’s LEP P lan. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -4 PHAs may conduct this 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). The annual reexamination notice must be modified accordingly. 11-I.CD . C ONDUCTING ANNUAL REEXAMINATIONS As part of the annual reexamination process, families are required to provide updated information to the PHA regarding the family’s income, expenses, and composition [24 CFR 982.551(b)]. PHA Policy Families will be asked to bri ng (or mail) all required information (as described in the reexamination notice) to the reexamination appointment. The required information will include: PHA -designated reexamination form Personal Declaration Form Authorization for the Release of Informati on/Privacy Act Notice Documents or forms related to the family’s income, assets, and deductions /allowances Most current income tax return School verifications for all adult dependents that attend school full-time and or work Any signature forms that are re quired by the PHA Any required documents or information that the family is unable to provide at the time of the interview must be provided within 10 business days of the interview. If the family is unable to obtain the information or materials within the required time frame, the family may request an extension not to exceed 20 days from the date of the interview. If the family does not provide the required documents or information within the required time period (plus any extensions), the family will be s ent a notice of termination (See Chapter 12). The information provided by the family generally must be verified in accordance with the policies in Chapter 7. Unless the family reports a change, or the PHA has reason to believe a change has occurred in info rmation previously reported by the family, certain types of information that are verified at admission typically do not need to be re-verified on an annual basis . These include: • Age • Social security numbers • A person’s disability status • Citizenship or immigration status If adding a new family member to the unit causes overcrowding according to the Housing Quality Standards (HQS) (see Chapter 8), the PHA must issue the family a new voucher, and the DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -5 family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the contract in accordance with its terms [24 CFR 982.403]. Criminal Background Checks PHA Policy The PHA may, at its discretion, perform a criminal background check for adult household members as part of the annual reexamination process. The PHA will comply with the policies for criminal background screening and denial outlined at 3-III.B, 3 -III.C and 3-III.D. 11-I.DE . DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552 (b)(5)] Section 327 of Public Law 109-115 established new restrictions on the ongoing eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education. If a student enrolled in an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility must be reexamined alon g with the income eligibility of the student’s parents on an annual basis. In these cases, both the student and the student’s parents must be income eligible for the student to continue to receive HCV assistance. If, however, a student in these circumstances is determined independent from his or her parents in accordance with PHA policy, the income of the student’s parents will not be considered in determining the student’s ongoing eligibility. Students who reside with parents in an HCV assisted unit are no t subject to this provision . It is limited to students who are receiving assistance on their own, separate ly from their parents. PHA Policy During the annual reexamination process, the PHA will determine the ongoing eligibility of each student who is subje ct to the eligibility restrictions in 24 CFR 5.612 by reviewing the student’s individual income as well as the income of the student’s parents. If the student has been determined “independent” from his /her parents based on the policies in Sections 3 -II.E a nd 7-II.E, the parents’ income will not be reviewed. If the student is no longer income eligible based on his /her own income or the income of his /her parents, the student’s assistance will be terminated in accordance with the policies in Section 12-I.D . If the s tudent continues to be income eligible based on his /her own income and the income of his /her parents (if applicable), the PHA will process a reexamination in accordance with the policies in this chapter. 11-I.EF . EFFECTIVE DATES The PHA must establi sh policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -6 In general, an increase in the family share of the rent that results from an annual reexamination will take effect on the family’s anniversary date, and t he family will be notified at least 30 days in advance. If less than 30 days remain before the scheduled effective date, the increase will take effect on the first of the month following the end of the 30-day notice period. If a family moves to a new unit, the increase will take effect on the effective date of the new lease and contract, and no 30-day notice is required. If the PHA chooses to schedule an annual reexamination for completion prior to the family’s anniversary date for ad ministrative purposes, the effective date will be determined by the PHA, but will always allow for the 30-day notice period, unless the family waives their right to a 30 -day notice in writing . If there has been a misrepresentation or a material omission by the family, or i f the family causes a delay in processing the annual reexamination, increases in the family share of the rent will be applied retroactively, to the scheduled effective date of the annual reexamination. The family will be responsible for any overpaid subsidy and may be offered a repayment agreement in accordance with the policies in Chapter 16. In general, a decrease in the family share of the rent that results from an annual reexamination will take effect on the family’s anniversary date . If a family moves to a new unit, the decrease will take effect on the effective date of the new lease and contract. If the PHA chooses to schedule an annual reexamination for completion prior to the family’s anniversary date for administrative purposes, the effective date will be determined by the PHA . If the family causes a delay in processing the annual reexamination, d ecreases in the family share of the rent will be applied prospectively, from the first day of the month following completion of the reexamination processing. Delays in re -examination processing are considered to be caused by the family if the family fails to provide information requested by the PHA by the date specified , and this delay prevents the PHA from completing the reexamination as s cheduled. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -7 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] 11-II.A. OVERVIEW Family circumstances may change between annual reexaminations. HUD and PHA policies dictate what kinds of information about changes in family circumstances must be reported, and under what circumstances the PHA must process interim reexaminations to reflect those changes. HUD regulations also permit the PHA to conduct interim reexaminations of income or family composition at any time. When an interim reexamination is conducted, on ly those factors that have changed are verified and adjusted [HCV GB, p. 12-10]. In addition to specifying what information the family must report, HUD regulations permit the family to request an interim determination if other aspects of the family ’s income or composition changes. The PHA must complete the interim reexamination within a reasonable time after the family’s request . This p art includes HUD and PHA policies describing what changes families are required to report, what changes families may choos e to report, and how the PHA will process both PHA- and family -initiated interim reexaminations. 11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION The family is required to report all changes in family composition. The PHA must adopt policies prescribin g when and under what conditions the family must report changes in income and housing family composition. However, due to family obligations under the program, the PHA has limited discretion in this area. PHA Policy The PHA will conduct interim re -examinations to account for any changes in household composition that occur between annual re-examinations. New Family Members Not Requiring PHA Approval The addition of a family member as a result of birth, adoption or court-awarded custody does not require PHA a pproval. However, the family is required to promptly notify the PHA of the addition [24 CFR 982.551(h)(2)]. PHA Policy The family must inform the PHA in writing of the birth, adoption or court-awarded custody of a child within 10 business days. New Family and Household Members Requiring Approval With the exception of children who join the family as a result of birth, adoption, or court- awarded custody, a family must request PHA approval to add a new family member [24 CFR 982.551(h)(2)] or other household m ember (live -in aide or foster child ) [24 CFR 982.551(h)(4)]. When any new family member is added, the PHA must make appropriate adjustments in the family share of the rent and the HAP payment at the effective date of either the annual or interim reexamina tion [24 CFR 982.516(e)(2)]. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -8 The PHA will not approve the addition of a new household member unless they are a spouse or partner, a child through birth, custody, adoption, or foster, or a household member who is added at the time the applicant receives notification that they have been selected from the waitlist . When any new family member is added, the PHA must conduct a reexamination to determine any new income or deductions associated with the additional family member and to make appropriate a djustments in the family share of the rent and the HAP payment [24 CFR 982.516(e)]. If a change in family size ca uses a violation of Housing Quality Standards (HQS) space standards (see Chapter 8), the PHA must issue the family a new voucher, and the fami ly 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. If an acceptable unit is available for rental by the family, t he PHA must terminate the family’s contract in accordance with its terms [24 CFR 982.403]. PHA Policy Families must request PHA approval to add a new family member , live-in aide, foster child , or foster adult. This includes returning absent students who ha ve been away for college and any person not on the lease who is expected to stay in the unit for more than 14 consecutive days or 28 cumulative days within a 12 month period and therefore no longer qualifies as a “guest.” Requests must be made in writing a nd approved by the PHA prior to the individual moving in the unit. The PHA will not approve the addition of a new family or household member unless the individual meets the PHA’s eligibility criteria (see Chapter 3) and documentation requirements (see Cha pter 7, Part II). The PHA will not approve the addition of a foster child or foster adult if it will cause a violation of HQS space standards. If the PHA determines an individual meets the PHA’s eligibility criteria and documentation requirements, the PHA will provide written approval to both the family and the owner. A copy of the PHA approval will be attached to the contract. If the approval of a new family member or live -in aide will cause overcrowding according to HQS standards, the approval letter wil l explain that the family will be issued another voucher and will be required to move. If the PHA determines that an individual does not meet the PHA’s eligibility criteria or documentation requirements , the PHA will notify the family in writing of its de cision to deny approval of the new family or household member and the reasons for the denial. The PHA will make its determination within 10 business days of receiving all information required to verify the individual’s eligibility. Departure of a Family o r Household Member Families must immediately notify the PHA if any family member no longer lives in the unit DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -9 [24 CFR 982.551(h)(3)]. Because household members are considered when determining the family unit (voucher) size [24 CFR 982.402], the PHA also needs to know when any live -in aide, foster child, or foster adult ceases to reside in the unit . PHA Policy If a household member ceases to reside in the unit, the family must inform the PHA in writing, within 10 business days. This requirement also applies to a family member who has been considered temporarily absent at the point that the family concludes the individual is permanently absent. If a live -in aide, foster child, or foster adult ceases to reside in the unit, the family must inform the PHA in wri ting, within 10 business days. DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -10 11-II.C. CHANGES AFFECTING INCOME OR EXPENSES Interim reexaminations can be scheduled either because the PHA has reason to believe that changes in income or expenses may have occurred, or because the family reports a change. When a family reports a change, the PHA may take different actions depending on whether the family reported the change voluntarily, or because it was required to do so. PHA -Initiated Interim Reexaminations PHA -initiated interim reexaminations are those that are scheduled based on circumstances or criteria defined by the PHA. They are not scheduled because of changes reported by the family. PHA Policy The PHA will conduct interim reexaminations in each of the following instances: For families receiving the Earned Income Disallowance (EID), the PHA will conduct an interim reexamination at the start and conclusion of the 24-month eligibility period of the second 12 month exclusion period (50 percent phase-in period). All zero income participants ar e subject to an interim change following the acquisition of any reasonably stable income. Income that is continuous but from different or changing sources (i.e., odd jobs, etc.) can be anticipated for the future by averaging past months’ income as reported on the zero income checklist and worksheet required by the PHA. If at the time of the annual reexamination, it is not feasible to anticipate a level of income for the next 12 months (e.g. seasonal or cyclic income), the PHA will schedule an interim reexamination to coincide with the end of the period for which it is feasible to project income. If at the time of the annual reexamination, tenant declarations were used on a provisional basis due to the lack of third-party verification, and third-party verification becomes available, the PHA will conduct an interim reexamination. The PHA may conduct an interim reexamination at any time in order to correct an error in a previous reexamination, or to investigate a tenant fraud complaint. Family -Initiated Interim Reexami nations The PHA must adopt policies prescribing when and under what conditions the family must report changes in family income or expenses [24 CFR 982.516(c)]. In addition, HUD regulations require that the family be permitted to obtain an interim reexamination any time the family has experienced a change in circumstances since the last determination [24 CFR 982.516(b)(2)]. Required Reporting HUD regulations give the PHA the freedom to determine the circumstances under which families will be required to re port changes affecting income. PHA Policy Families are required to report in writing all increases in annual income (monetary or not including gifts, gambling winnings, and loans ), earned income /assets , including new DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -11 employment , loss of full-time student status , within 10 business days of the date the change takes effect. The PHA will only conduct interim re -examinations for families that qualify for the earned income disallowance (EID), and only when the EID family’s share of rent will change as a result of the increase. If the monthly increase in income is less than $200.00 the PHA will note the information on the family’s file, and will not conduct an interim reexamination. In all other cases, the PHA will conduct an interim reexamination. At its sole d iscretion, the PHA may post- pone all interim re -certifications resulting from increases of income until the participant’s next annual recertification to address changes in HUD funding. In addition, the PHA may adjust the rent portion for an increase less than $200.00 for those participants previously reporting zero or very low incomes or when a participants’ income source changes. Families are required to report any other changes in income , assets, or expenses. Optional Reporting The family may request an interim reexamination any time the family has experienced a change in circumstances since the last determination [24 CFR 982.516(b)(2)]. The PHA must process the request if the family reports a change that will result in a reduced family income [HCV GB, p. 12-9]. If a family reports a decrease in income from the loss of welfare benefits due to fraud or non - compliance with a welfare agency requirement to participate in an economic self -sufficiency program, the family’s share of the rent will not be reduced [24 CFR 5.615]. For more information regarding the requirement to impute welfare income see Chapter 6. PHA Policy If a family reports a change that it was not required to report and that would result in a decrease in the family share of rent, the PHA will co nduct an interim reexamination only if: • The decrease in income is anticipated to last more than thirty (30) days. If a family reports a change to expenses that it was not required to report and that would result in a decrease in the family share of rent, the PHA will conduct an interim reexamination only if: • The change in expenses is anticipated to last more than thirty (30) days; AND • The change in expenses will result in a decrease in the family share or rent of $15 or more. 11-II.D. PROCESSING THE INTERIM REEXAMINATION Method of Reporting PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -12 The family must notify the PHA of changes in writing by completing and signing a “Request for Interim Certification.” T he family will be required to attend an interview for an interim reexamination. However, if the PHA determines that an interview is not warranted, the family may not be required to attend. Based on the type of change reported, the PHA will determine the documentation the family will be required to submit. The family must submit any required in formation or documents within 10 business days of receiving a request from the PHA. This time frame may be extended for good cause with PHA approval. The PHA will accept required documentation by mail or in person. All rent reduction requests will be comp leted with the effective date as the first of the following month when the necessary verifications are received prior to the 20 th of the month. Interim re-certifications will be completed in accordance with our interim Re - Exam Procedure. Effective Dates T he PHA must establish the time frames in which any changes that result from an interim reexamination will take effect [24 CFR 982.516(d)]. The changes may be applied either retroactively or prospectively, depending on whether there is to be an increase or a decrease in the family share of the rent, and whether the family reported any required information within the required time frames [HCV GB, p. 12-10]. PHA Policy If the family share of the rent is to increase : The increase generally will be effective o n the first of the month following 30 days’ notice to the family , if the change was reported within the required time frames. If new income can only be verified through 3 rd party generated documents and subsequently the verification is delayed, through no fault of the family, the change in rent will be effective on the first of the month following 30 days’ notice once the information is properly verified. If a family fails to report a change within the required time frame or fails to provide all required i nformation within the required time frames, the increase will be applied retroactively, to the 1 st of the month following the date of the action. In this case, the PHA will not provide 30 days’ notice to the family. Additionally, t he family will be respo nsible for any overpaid subsidy and may be offered a repayment agreement in accordance with the policies in Chapter 16. If the family share of the rent is to decrease : The decrease will be effective on the first day of the month following the month in which the change was reported and all required documentation was submitted. When income is calculated using an anticipated annual average income, PHA may determine that a change is not necessary. A downward change may not be made if it is determined that the change is temporary (less than 30 consecutive days). DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -13 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT 11-III.A. OVERVIEW After gathering and verifying required information for an annual or interim reexamination, the PHA must recalculate the family share of the rent and the subsidy amount, and notify the family and owner of the changes [24 CFR 982.516(d)(2), HCV 12-6 and 12-10]. While the basic policies that govern these calculations are provided in Chapter 6, this p art lays out policies that affect these calculations during a reexamination. 11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES In order to calculate the family share of the rent and HAP amount correctly, changes in payment standards, subsidy standards, or utility allowances may need to be updated and included in the PHA’s calculations. Specific policies governing how subsidy standards, payment standards, and utility allowances are applied are discussed below. Payment Standards [24 CFR 982.505] The family share of the rent and H AP calculations must use the correct payment standard for the family, taking into consideration the family unit size, the size of unit, and the area in which the unit is located [HCV GB, p. 12-5]. See Chapter 6 for information on how to select the appropri ate payment standard. When the PHA changes its payment standards or the family’s situation changes, new payment standards are applied at the following times: • If the PHA’s payment standard amount changes during the term of the contract, the date on which the new standard is applied depends on whether the standard has increased or decreased: - If the payment standard amount has i ncreased, the increased payment standard will be applied at the first annual reexamination following the effective date of the increase in the payment standard. - If the payment standard amount has decreased , the decreased payment standard will be applied at the second annual reexamination following the effective date of the decrease in the payment standard. • If the family moves to a new u nit, or a new contract is executed due to changes in the lease (even if the family remains in place) the current payment standard applicable to the family will be used when th e new contract is processed. Subsidy Standards [24 CFR 982.505(c)(4)] If there is a change in the family unit size that would apply to a family during the contract term, either due to a change in family composition, or a change in the PHA’s subsidy standards (see Chapter 5), the new family unit size must be used to determine the payment standard amount for the family at the family’s first annual reexamination following the change in family unit size. Utility Allowances [24 CFR 982.517(d)] DR A F T RE V I S I O N 20 1 6 © Copyright 2014 2016 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 11 -14 The family share of the rent and HAP calculations must reflect any changes in the family’s utility arrangement with the owner, or in the PHA’s utility allowance schedule [HCV GB, p. 12-5]. Chapter 16 discusses how utility allowance schedules are established. When there are changes in the utility arrangement with the owner, the PHA must use the utility allowances in effect at the time the new lease and HAP contract are executed. At reexamination, the PHA must use the PHA current utility allowance schedule [24 CFR 982.517(d)(2)]. PHA Policy Revised utility allowances will be applied to a family’s rent and subsidy calculations at the first annual reexamination after the allowance is adopted. 11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT The PHA must notify the owner and family of any changes in the amount of the HAP payment [HUD -52641, HAP Contract]. The notice must include the following information [HCV GB, p. 12-6]: • The amount and effective date of the new HAP payment • The amount and effective date of the new family share of the rent • The amount and effective date of the new tenant rent to owner The family must be given an opportunity for an informal hearing regarding the PHA’s determination of their annual or adjusted income, and the use of such income to compute the housing assistance payment [24 CFR 982.555(a)(1)(i)] (see Chapter 16). PHA Pol icy The not ice to the family will state the procedures for requesting an informal hearing. 11-III.D. DISCREPANCIES During an annual or interim reexamination, the PHA may discover that information previously reported by the family was in error, or that the family intentionally misrepresented information. In addition, the PHA may discover errors made by the PHA. When errors resulting in the overpayment or underpayment of subsidy are discovered, corrections will be made in accordance with the policies in Chap ter 1 4. Any overpayments resulting from the family’s failure to report income will be resolved in accordance with Repayment Agreement policies in Chapter 16. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -1 Chapter 12 TERMINATION OF ASSISTANCE AND TENANCY HUD regulations specify mandatory and optional grounds for which a PHA can terminate a family’s assistance . They also specify the circumstances under which an owner may terminate the tenancy of an assisted f amily. This c hapter describes the policies that govern mandatory and optional terminations of assistance , and termination of tenancy by the owner . It is presented in three parts: Part I: Grounds for Termination of Assistance . This p art describes the variou s circumstances under which assistance under the program can be terminated by the family o r by the PHA . Part II: Approach to Termination of Assistance . This p art describes the policies and the process that the PHA will use in evaluating decisions on whethe r to terminate assistance due to actions or inactions of the family where termination is an option. It specifies the alternatives that the PHA may consider in lieu of termination, the criteria the PHA will use when deciding what action to take and the step s the PHA must take when terminating a family’s assistance. Part III: Termination of Tenancy by the Owner. This p art describes the HUD policies th at govern the owner’s right to terminate an assisted tenancy. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -2 PART I: GROUNDS FOR TERMINATION OF ASSISTANCE 12-I.A. OVERVIEW HUD requires the PHA to terminate assistance for certain actions and inactions of the family and when the family no longer requires assistance due to increases in family income . HUD permits the PHA to terminate assistance f or certain other actions or inactions of the family. In addition, a family may decide to withdraw from the program and terminate their HCV assistance at any time by notifying the PHA. 12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455] As a family’s income increases , the amount of the housing assistance payment decreases . If the amount of assistance provided by the PHA is reduced to zero , the family's assistance terminate s automatically 180 days after the last HAP payment. PHA Policy If a partic ipating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner , t he family must notify the PHA in writing of the change and request an interim reexamination before the expiration of the 180-day period. 12-I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE The family may request that the PHA terminate housing assistance payments on behalf of the family at any time. PHA Policy The reques t to terminate assistance shall be made in writing and signed by the head of household, and spouse or co -head if applicable . Before terminating the family’s assistance, the PHA will follow the notice requirements in Section 12 -II.F. 12-I.D. MANDATORY TERMINATION OF ASSISTANCE HUD requires the PHA to terminate assistance in the following circumstances. Eviction [24 CFR 982.552(b)(2), Pub.L. 109-162] The PHA must terminate assistance whenever a family is evicted from a unit assisted under the HCV program for a serious violation of the lease. As discussed further in section 12-II.E, i ncidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not be construed as serious violations of the lease by the victim or threatened victim of such violence or stalking nor considered good cause f or terminating assistance or tenancy of the victim or threatened victim . PHA Policy Step 1: The PHA will first determine if the family has been evicted. A family will be considered e victed if the property owner has an unconditiona l judgment to evict the fa mily , and a writ of possession is issued by the court , and the sheriff posts a notice to DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -3 vacate and /or the sheriff physically locks the tenant out , and (or the tenant moves in response to that notice to vacate). If the family settles the case prior to tri al, 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 t he family, the family will not be considered evicted. Step 2: In every case, even if the family has been evicted, the PHA will make a determination 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. Upon consideration of such factors, the PHA may, on a case-by -case basis, choose not to terminate assistance. 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 o r take any of the alternative measures described in section 12-II.C . In making its decision, the PHA will consider the factors described in sections 12-II.D and 12-II.E. Upon consideration of such factors, the PHA may, on a case -by -case basis, choose not to terminate assistance . Notification o f Eviction [24 CFR 982.551(g)] 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 o f the eviction within 10 days of receiving the notice of lease termi nation, the move will be denied. Failure to Provide Consent [24 CFR 982.552(b)(3)] The PHA must terminate assistance if any family member fails to sign and submit any consent form they are required to sign for a regular or interim reexamination. See Chapter 7 for a complete discussion of consent requirements. Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)] The PHA must terminate assistance if (1) a family fails to submit required documentation within the required timeframe concerning any family member’s citizenship or immigration status ; (2) a family submits evidence of citizenship and eligible immigration status in a timely manner , but United States Citizenship and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration status of the family; or (3) a family member, as determined by the PHA, has knowingly permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -4 For (3) above, such termination must be for a period of at least 24 months. This does not apply to ineligible noncitizens already in the household where the family’s assistance has been prorated. See Chapter 7 for a complete discussion of documentation requirements. Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012-10] The PHA must terminate assistance if a participa n t family fails to disclose the complete and accurate s ocial security numbers of each household member and the documentation necessary to verify each social security number . However, if the family is otherwise eligible for continued program assistance, and the PHA determines that the family’s failure to meet the SSN disclosure and documentation requirements was due to circumstances that could not have been foreseen and were outside of the family’s control, the PHA may defer the family’s termination and provide the opportunity to comply with the requirement wit hin a period not to exceed 90 calendar days from the date the PHA determined the family to be noncompliant. PHA Policy The PHA will defer the family’s termination and provide the family with the opportunity to comply with the requirement for a period of 9 0 calendar days for circumstances beyond the participant’s control such as delayed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergency, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline. Methamphetamine Manufacture or Production [24 CFR 982 .553(b)(1)(ii)] The PHA must terminate assistance if any household member has ever been convicted of the manufacture or production of methamphetamine on the pr emises of federally -assisted housing. Lifetime Registered Sex Offenders [Notice PIH 2012 -28] Should a PHA discover that a member of an assisted household was subject to a lifetime registration requirement at admission and was erroneously admitted after June 25, 2001, the PHA must immediately terminate assistance for the household member. In this situation, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must terminate assistance for the household. Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552 (b)(5) and FR 4/10/06] If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have dependent children, is not residing with his/her parents in an assisted household, and is not a person with disabilities receiving assistance as of November 30, 2005, the PHA must the terminate the student’s assistance if , at the time of reexamination , either the student’s income or the income of the student’s parents (if applicable) exceeds the applicable income limit. If a participant household consists of both eligible and ineligible students, the eligible students shall not be terminated, but must be issued a voucher to move with continued assistance in DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -5 accordance with program regulations and PHA policies, or must be given the opportunity to lease in place if the terminated ineligible student memb ers elect to move out of the assisted unit. Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-9] The PHA must immediately terminate program assistance for deceased single member households. Lifetime Sex Offenders [24 CFR 5.856, 960.204(a)(4) and 982.553(a)(2)] HUD prohibits admission after June 25, 2001, if any member of a household is subject to a State lifetime sex offender registration requirement. This regulation reflects a statutory prohibition. A household receiving assistance wi th such a member is receiving assistance in violation of federal law. I f an owner or the PHA discovers that a household member was erroneously admitted (the household member was subject to a lifetime registration requirement at admission and was admitted a fter June 25, 2001), the owner or PHA must immediately pursue eviction or termination of assistance for the household member. Regulations for hearings for Housing Choice Voucher (HCV) programs, at 24 CFR § 966 Subpart B and § 982.555, respectively, continue to apply. If the PHA erroneously admitted a lifetime sex offender, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA m ust terminate assistance for the household. 12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the PHA determines that: • Any household member is currently engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member’s abuse or pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents • Any household member has violated the family’s obligation not to engage in violent criminal activity Use of Illegal Drugs and Alcohol Abuse PHA Policy The PHA will terminate a family’s assistance if any household member is currently engaged in any illegal use of a drug, or has a pattern of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -6 The PHA will terminate assistance if any household member’s abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises by other residents. Currently engaged in is defined as any use of illegal drugs during the previous six months. The PHA will consider all credible evidence, including but not limited to, any record of arrests, convictions, or eviction of household members related to the use of illegal drugs or ab use of alcohol. A record of arrest(s) will not be used as the basis for the termination or proof that the participant engaged in disqualifying criminal activity. In making its decision to terminate assistance, the PHA will consider alternatives as describe d in Section 12-II.C and other factors described in Section s 12-II.D and 12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a case-by -case basis, choose not to terminate assistance. Drug -Related and Violent Criminal Activity [24 CFR 5.100] Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Drug -related criminal activity is defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug. Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. PHA Policy The PHA will terminate a family’s assistance if any household member has violated the family’s obligation not to engage in any drug-related or violent criminal activity (including gang -related criminal activity) during participation in the program . The PHA will consider all credible evidence, including but not limited to, any record of arrests and/or convictions of household members related to drug-related or violent criminal activ ity, and any eviction or notice to evict based on drug-related or violent criminal activity. A record of arrest(s) will not be used as the basis for the termination or proof that the participant engaged in disqualifying criminal activity. In making its decision to terminate assistance, the PHA will consider alternatives as described in Section 12-II.C and other factors described in Section s 12-II.D and 12-II.E . Upon consideration of such alternatives and factors, the PHA may, on a case-by -case basis, choos e not to terminate assistance. Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -7 HUD permits the PHA to terminate assistance under a number of other circumstances . It is left to the discretion of the PHA whether such circumstances in general warrant consideration for the termination of assistance. As discussed further in section 12-II.E, the Violence Against Women Act of 2013 explicitly prohibits PHAs from considering incidents of, or criminal activity directly re lated to, domestic violence, dating violence, sexual assault, or stalking as reasons for terminating the assistance of a victim of such abuse . PHA Policy The PHA will not terminate a family’s assistance because of the family’s failure to meet its obligatio ns under the Family Self-Sufficiency program. T he PHA will terminate a family’s assistance if: The family has failed to comply with any family obligations under the program. See Exhibit 12-1 for a listing of family obligations and related PHA policies. Program Violation Warnings: If it is the first occurrence of a violation of family obligations, and the violation was believed by the PHA to be unintentional, and depending on the severity of the circumstances, the participant may be allowed to remain on the program, by signing a Program Violation Warning, and Repayment Agreement if necessary. If the participant violates the same obligation twice, termination will proceed. In no case shall a participant be offered more than a total of two Program Violation W arnings during their participation. The supervisor and/or administrator will determine when a Program Violation Warning is merited. Participants must sign Program Violation Warnings when issued to avoid further violations of Family Obligations. Any family member has been evicted from federally -assisted housing in the last five years. Any PHA has ever terminated assistance under the program for any member of the family. Any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program. The family currently owes rent or other amounts to any PHA in connection with Section 8 or public assistance under the 1937 Act. The family has not reimbursed any PHA for amounts the PHA paid to an owner under a contract for rent, damages to the unit, or other amounts owed by the family under the lease. The family has breached the terms of a repayment agreement entered into with the PHA. A family member has engaged in or threatened violent or abusive behavior tow ard PHA personnel. Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -8 language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence. In making its decision to terminate assistance, the PHA will consider alternatives as described in Section 12-II.C and oth er fact ors described in Section s 12-II.D and 12-II.E . Upon consideration of such alternatives and factors, the PHA may, on a case -by -case basis, choose not to terminate assistance. Family Absence from the Unit [24 CFR 982.312] The family may be absent from the unit for brief periods. The PHA must establish a policy on how long the family may be absent from the assisted unit. However, the family may not be absent from the unit for a period of more than 90 consecutive calendar days for any reason. Absence in this context means that no member of the family is residing in the unit. PHA Policy If the family is absent from the unit for more than 90 consecutive calendar days, the family’s assistance will be terminated. Notice of termination will be sent in accordan ce with Section 12-II.F. Insufficient Funding [24 CFR 982.454] The PHA may terminate contracts if the PHA determines, in accordance with HUD requirements, that funding under the consolidated ACC is insufficient to support continued assistance for families in the program. PHA Policy The PHA will determine whether there is sufficient funding to pay for currently assisted families according to the policies in Part VIII of Chapter 16. If the PHA determines there is a shortage of funding, prior to terminating an y contracts, the PHA will determine if any other actions can be taken to reduce program costs. The PHA will notify the local Legal Aid Office of any substantial cuts in voucher funding. If after implementing all reasonable cost cutting measures there is not enough funding available to provide continued assistance for current participants, the PHA will terminate contracts as a last resort. Prior to terminating any contracts, the PHA will inform the local HUD field office. The PHA will terminate the minimum number needed in order to reduce HAP costs to a level within the PHA’s annual budget authority. If the PHA must terminate contracts due to insufficient funding, the PHA will do so in accordance with the following criteria and instructions: The PHA will f irst terminate assistance to families receiving HAP assistance of $100.00 or less per month, starting with the families that have been receiving assistance the longest. If there are not sufficient families receiving HAP assistance of $100.00 or less per month, the PHA will follow the same process to terminate assistance to families with monthly subsidy of less than $150.00 per DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -9 month, and will continue to terminate families whose assistance increases at $50.00 increments until enough families have been terminated for the PHA to stay within budget authority. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -10 PART II: APPROACH TO TERMINATION OF ASSISTANCE 12-II.A. OVERVIEW The PHA is required by regulation to terminate a family’s assistance for certain actions or inactions of the family . For other types of actions or inactions of the family, the regulations give the PHA the authority to either terminate the family’s assistance o r to take another action. This part discusses the various actions the PHA may choose to take when it has discretion, and outlines the criteria the PHA will use to make its decision about whether or not to terminate assistance. It also specifies the requirements for the notification to the family of the PHA’s intent to terminate assistance . 12-II.B. METHOD OF TERMINATION [24 CFR 982.552(a)(3)] Termination of assistance for a participant may include any or all of the following : • Terminating housing assistance payments under a current contract, • Refusing to enter into a new contract or approve a lease , or • Refusing to process a request for o r to provide assistance under portability procedures. 12-II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE Change in Household Composition As a condition of continued assistance, the PHA may require that any household member who participated in or was respo nsible for an offense no longer reside in the unit [24 CFR 982.552(c)(2)(ii)]. PHA Policy As a condition of continued assistance, the head of household must certify that the culpable family member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former family member’s current address upon PHA request. Repayment of Family Debts PHA Policy If a family owes amounts to the PHA, as a condition of continued assistance, th e PHA will require the family to repay the full amount or to enter into a repayment agreement , within 30 days of receiving notice from the PHA of the amount owed. See Chapter 1 6 for policies on repayment agreements. 12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE Evidence For criminal activity, HUD permits the PHA to terminate assistance if a preponderance of the evidence indicates that a household member has engaged in the activity , regardless of whether the household member has been arrested or convicted [24 CFR 982.553(c)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -11 PHA Policy The PHA will use the concept of the preponderance of the evidence as the standard for making all termination decisions. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the gre ater weight of all evidence . Consideration of Circumstances [24 CFR 982.552 (c)(2)(i)] The PHA is permitted, but not required, to consider all relevant circumstances when determining whether a family’s assistance should be terminated. PHA Policy The PHA wi ll consider the following fact or s and circumstances when making its decision to terminate assistance: The seriousness of the case, especially with respect to how it would affect other residents ’ safety or property The effects that termination of assistance may have on other members of the family who were not involved in the action or failure to act The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities o r (as discussed further in section 12-II.E) a victim of domestic violence, dating violence, sexual assault, or stalking The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future While a record of arrest(s) will not be used as the basis for termination, an arrest may, however, trigger an investigation to determine whether the participant actually engaged in disqu alifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider: Any statements made by witnesses or the participant not included in the police report Whether criminal charges were filed Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal Any other evidence relevant to determining whether or not the participant engaged in disqualifying activity Evidence of criminal conduct will be considered if it indicated a demonstrable risk to safety and/or property DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -12 In the case of drug or alcohol abuse, whether the culpable household member is participating in or has suc cessfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully The PHA will require the participant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully. In the case of program abuse, the dollar amount of the overpaid assistance and whether or not a false certification was signed by the fami ly Reasonable Accommodation [24 CFR 982.552 (c)(2)(iv)] If the family includes a person with disabilities, the PHA ’s decision to terminate the family’s assistance is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. PHA Policy 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. If so, upon the family’s request, the PHA will determine whether alternative measures are appropriate as a reasonable accommodation. The PHA will only consider accommodations that can rea sonably be expected to address the behavior that is the basis of the proposed termination of assistance. See Chapter 2 for a discussi on of reasonable accommodation. Limited English Proficiency 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 correct a violation that could otherwise have been remedied. 12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING This section describes the protections against termination of assistance that the V iolence A gainst Women Act of 2013 (VAWA) provides for victims of domestic violence, dating violence, sexual assault, and stalking. For general VAWA requirements, key VAWA definitions, and PHA policies pertaining to notification, documentation, and confiden tiality, see section 16 -IX of this plan. VAWA Protections against Termination VAWA provides four specific protections against termination of HCV assistance for victims of domestic violence, dating violence, sexual assault, or stalking. (Note: The second, third, and fourth protections also apply to terminations of tenancy or occupancy by owners participating in the HCV programs, as do the limitations discussed under the next heading.) DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -13 First, VAWA provides that a PHA may not terminate assistance to a family t hat moves out of an assisted unit in violation of the lease, with or without prior notification to the PHA, if the move occurred to protect the health or safety of a family member who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably believed he or she was imminently threatened by harm from further violence if he or she remained in the unit [24 CFR 982.35 4(b)(4)]. Second, it provides that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalk ing may not be construed as a serious lease violation by the victim or as good cause to terminate the assistance of the victim [24 CFR 5.2005(c)(1)]. Third, it provides that criminal activity directly rela ted to domestic violence, dating violence, sexual assault, or stalking may not be construed as cause for terminating the assistance of a tenant if a member of the tenant’s household, a guest, or another person under the tenant’s control is the one engaging in the criminal activity and the tenant or affiliated individual or other individual is the actual or threatened victim of the domestic violence, dating violence, sexual assault, or stalking [24 CFR 5.2005(c)(2)]. Fourth, it gives PHAs the authority to t erminate assistance to any tenant or lawful occupant who engages in criminal acts of physical violence against family members or others without terminating assistance to, or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)]. Limitations o n VAWA Protections [24 CFR 5.2005(d) and (e)] VAWA does not limit the authority of a PHA to terminate the assistance of a victim of abuse for reasons unrelated to domestic violence, dating violence, sexual assault, or stalking so long as the PHA does not subject the victim to a more demanding standard than it applies to other program participants [24 CFR 5.2005(d)(1)]. Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a victim of domestic violence, dating violence, sexual a ssault, or stalking if the PHA can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the assisted property if the victim is not terminated from assistance [24 CFR 5.2005(d)(2)]. HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in death or serious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would pose an actual and imminent threat, the factors to be considered include: • The duration of the risk • The nature and severity of the potential harm • The likelihood that the potential harm will occur • The length of time before the potential harm would occur [24 CFR 5.2005(e)] Even when a victim poses an actual and imminent threat, however, HUD regulations authorize a PHA to terminate the victim’s assistance “only when there are no other actions that could be taken to reduce or eliminate the threat” [24 CFR 5.2005(d)(3)]. The Violence Against Women Reauthorization Act of 2013 (VAWA) provides that an individual cannot be denied housing assistance, tenancy, or occupancy rights due to “criminal activity directly relating t o domestic DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -14 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 vi ctim or threatened victim of such domestic violence, dating, violence, sexual assault, or stalking [42 U.S.C. § 14043e-11(b)(3)(A). 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 related to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual, without evicting, removing, terminating assistance to, or ot herwise 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).” VAWA does not limit the authority of the PHA to terminate the assistance of any participant if the PHA “can de monstrate an actual and imminent threat to other tenants or those employed at or providing service to the property if that tenant is not evicted or terminated from assistance.” However, situations where this might be relevant are extremely rare. PHA Polic y In determining whether a program participant who is a victim of domestic violence, dating violence, sexual assault, or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a property, the P HA will consid er the following, and any other relevant, factors: Whether the threat is toward an employee or tenants other than the victim of domestic violence, dating violence, sexual assault or stalking Whether the threat is a physical danger beyond a speculative threat Whether the threat is likely to happen within a short period of time Whether the threat to other tenants or employees can be eliminated in some other way, such as by helping the victim relocate to a confidential location or seeking a legal remedy to pre vent the perpetrator from acting on the threat If the participant wishes to contest the PHA’s determination that he or she is an actual and imminent threat to other tenants or employees, the participant may do so as part of the informal hearing. Documentat ion of Abuse [24 CFR 5.2007] PHA Policy When an individual facing termination of assistance for reasons related to domestic violence, dating violence, sexual assault, or stalking claims protection under VAWA, the PHA will request that the individual provide documentation supporting the claim in accordance with the policies in section 16 -IX.D of this plan. The PHA reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the individual wi ll suffice. In such cases the PHA will document the waiver in the individual’s file. Terminating the Assistance o f a Domestic Violence Perpetrator DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -15 Although VAWA provides protection against termination of assistance for victims of domestic violence, it does not provide such protection for perpetrators. VAWA gives the PHA the explicit authority to “terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others without terminating assistance to “or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant” [24 CFR 5.2009(a)]. This authority is not dependent on a bifurcated lease or other eviction action by an owner against an individ ual family member. Further, t his authority supersedes any local, state, or other federal law to the contrary. However, if the PHA chooses to exercise this authority, it must follow any procedures prescribed by HUD or by applicable local, state, or federal law rega rding termination of assistance . This means that the PHA must follow the same rules when terminating assistance to an individual as it would when terminating the assistance of an entire family [3/16/07 Federal Register notice on the applicability o f VAWA to HUD programs]. PHA Policy The PHA will terminate assistance to a family member if the PHA determines that the family member has committed criminal acts of physical violence against other family members or others. This action will not affect the assistance of the remaining, non- culpable family members. In making its decision, the PHA will consider all credible evidence, including, but not limited to, a signed certification (form HUD -50066) or other documentation of abuse submitted to the PHA by the victim in accordance with this section. The PHA will also consider the factors in section 12-II.D. Upon such consideration, the PHA may, on a case -by -case basis, choose not to terminate the assistance of the culpable family member. If the PHA does terminate the assistance of the culpable family member, it will do so in accordance with applicable law, HUD regulations, and the policies in this plan. 12-II.F. TERMINATION NOTICE HUD regulations require PHAs to provide written notice of termination of assistan ce to a family only when the family is entitled to an informal hearing. However, since the family’s contract and lease will also terminate when the family’s assistance terminates [form HUD -52641], it is a good business practice to provide written notificat ion to both owner and family anytime assistance will be terminated, whether voluntarily or involuntarily. PHA Policy Whenever a family’s assistance will be terminated, the PHA will send a written notice of termination to the family and to the owner. The PH A will also send a form HUD -50066 to the family with the termination notice. The notice will state the date on which the termination will become effective. This date generally will be at least 30 calendar days following the date of the termination notice, but exceptions will be made whenever HUD rules, other PHA policies, or the circumstances surrounding the termination require. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -16 When the PHA notifies an owner that a family’s assistance will be terminated, the PHA will, if appropriate, advise the owner of hi s/her right to offer the family a separate, unassisted lease. SMHA will provide translated copies of the termination notice to LEP participants, in accordance with SMHA’s LEP Plan. If a family whose assistance is being terminated is entitled to an informal hearing, the notice of termination that the PHA sends to the family must meet the additional HUD and PHA notice requirements discussed in section 16-III.C of this plan. VAWA 2013 expands notification requirements to require PHAs to provide notice of VAWA rights and the HUD 50066 form when a PHA terminates a household’s housing benefits. VAWA also requires that this notice of VAWA rights be translated in accordance with HUD’s LEP Guidance and Executive Order 13166. PHA Policy Whenever the PHA decides to terminate a family’s assistance because of the family’s action or failure to act, the PHA will include in its termination notice the VAWA information described in section 16-IX.C of this plan and a form HUD -50066. The PHA will request in writing that a family member wishing to claim protection under VAWA notify the PHA within 10 business days. Still other notice requirements apply in two situations: • If a criminal record is the basis of a family’s termination, the PHA must provide a copy of the record to the subject of the record and the tenant so that they have an opportunity to dispute the accuracy and relevance of the record [24 CFR 982.553(d)]. • If immigration status is the basis of a family’s termination, as discussed in section 12 -I.D, the special notic e requirements in section 16-III.D must be followed. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -17 PART III: TERMINATION OF TENANCY BY THE OWNER 12-III.A. OVERVIEW Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not directly involved. However, the owner is under some constraints when terminating an assisted tenancy . Termination of tenancy for certain reasons will also result in termination of assistance as discussed in this section. 12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 CFR 5 .2005(c), and Form HUD-52641-A, Tenancy Addendum During the term of the lease, the owner is not permitted to terminate the tenancy except for serious violations of the lease, certain violations of state or local law, or other good cause. Serious Lease Viol ations The owner is permitted to terminate the family’s tenancy for serious violations of the terms and conditions of the lease , except when the violations are related to incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking and the victim is protected from eviction by the Violence Against Women Act of 2013 (see section 12 -II.E). A serious lease violation includes failure to pay rent or other amounts due under the lease. However, the PHA’s failure to make a HAP pa yment to the owner is not a violation of the lease between the family and the owner. Violation of Federal, State, or Local Law The owner is permitted to terminate the tenancy if a family member violates federal, state, or local law that imposes obligation s in connection with the occupancy or use of the premises. Criminal Activity or Alcohol Abuse The owner may terminate tenancy during the term of the lease if any covered person , meaning any member of the household, a guest or another person under the tenan t’s control commits any of the following types of criminal activity (for applicable definitions see 24 CFR 5.100): • Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by, other residents (including property management staff residing on the premises); • Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residences by, persons residing in the immediate vicinity of the premises; • Any violent crimina l activity on or near the premises; or • Any drug -related criminal activity on or near the premises. However, in the case of criminal activity directly related to domestic violence, dating violence, sexual assault, or stalking, if the tenant or an affiliated individual is the victim, the criminal activity may not be construed as cause for terminating the victim’s tenancy (see section 12 -II.E). T he owner may terminate tenancy during the term of the lease if a ny member of the household is : DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -18 • Fleeing to avoid prosecution, custody, or confinement after conviction for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or • Violating a condition of probation or parole imposed under federal or state law. The owner may terminate tenancy during the term of the lease if any member of the household has engaged in abuse of alcohol that threatens the health, safety, or right to peaceful enjo yment of the premises by other residents. Evidence of Criminal Activity The owner may terminate tenancy and evict by judicial action a family for criminal activity by a covered person if the owner determines the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested or convicted for such activity and without satisfying the standard of proof used for a criminal conviction. This is the case except in certain incidents where the criminal activity directl y relates to domestic violence, dating violence, sexual assault, or stalking, and the tenant or an affiliated individual is the victim or threatened victim of the domestic violence, dating violence, sexual assault, or stalking. Other Good Cause During the initial lease term, the owner may not terminate the tenancy for “other good cause” unless the owner is terminating the tenancy because of something the family did or failed to do. During the initial lease term or during any extension term, other good cause includes the disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises. After the initial lease term, “other good cause” for termination of tenancy by the owner includes: • Failure by the family to accept the offer of a new lease or revision • The owner's desire to use the unit for personal or family use, or for a purpose other than as a residential rental unit • A business or economic reason for termination of the tenancy (such as sale of the property, renovation of the unit, or desire to l ease the unit at a higher rent) o Note PHA Policy below After the initial lease term, the owner may give the family notice at any time, in accordance with the terms of the lease. PHA Policy Property owners in S anta Monica must act in accordance with the Santa Monica City Charter Articles XVIII and XXIII. These articles detail the grounds for owner termination of tenancy, and mandate that an owner may only terminate tenancy if there are documented serious lease violations, certain violations of state or local law, or other good cause. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -19 12-III.C. EVICTION [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum ] The owner must give the tenant a written notice that specifies the grounds for termination of te nancy during the term of the lease. The tenancy does not terminate before the owner has given this notice, and the notice must be given at or before commencement of the eviction action. The notice of grounds may be included in, or may be combined with, any owner eviction notice to the tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under state or local law to commence an eviction action. The owner may only evict the tenant from the unit by instituting a court action. The owner must give the PHA a copy of any eviction notice at the same time the owner notifies the family. The family is al so required to give the PHA a copy of any eviction notice (see Chapter 5). PHA Policy If the eviction action is finalize d in court, the owner must provide the PHA with documentation related to the eviction , including notice of the eviction date, as soon as possible, but no later than 5 business day s following the court -ordered eviction. 12-III.D. DECIDING WHETHER TO TERMINA TE TENANCY [24 CFR 982.310(h), 24 CFR 982.310(h)(4)] An owner who has grounds to terminate a tenancy is not required to do so, and may consider all of the circumstances relevant to a particular case before making a decision. These might include: • The nature of the offending action • The seriousness of the offending action; • The effect on the community of the termination, or of the owner’s failure to terminate the tenancy; • The extent of participation by the leaseholder in the offending action; • The effect of ter mination of tenancy on household members not involved in the offending activity; • The demand for assisted housing by families who will adhere to lease responsibilities; • The extent to which the leaseholder has shown personal responsibility and taken all reas onable steps to prevent or mitigate the offending action; • The effect of the owner's action on the integrity of the program. The owner may require a family to exclude a household member in order to continue to reside in the assisted unit, where that househo ld member has participated in or been culpable for action or failure to act that warrants termination. In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by a household member who is no longer engaged in such behavior, th e owner may consider whether such household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -20 13661). For this purpose, the owner may require the tenant to submit evidence of the household member's current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfully. The owner's terminatio n of tenancy actions must be consistent with the fair housing and equal opportunity provisions in 24 CFR 5.105. An owner’s decision to terminate tenancy for incidents related to domestic violence, dating violence, sexual assault, or stalking is limited by the Violence against Women Act of 2005 (VAWA) and the conforming regulations in 24 CFR Part 5, Subpart L. (See section 12-II.E.) 12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY’S ASSISTANCE If a termination is not due to a serious violation of the lease, and if the PHA has no other grounds for termination of assistance, the PHA may issue a new voucher so that the family can move with continued assistance (s ee Chapter 10 ). DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -21 EXHIBIT 12 -1: STATEMENT OF FAMILY OBLIGATIONS Following is a listing of a part icipant family’s obligations under the HCV program: 1. The family must supply any information that the PHA or HUD determines to be necessary in the administration of the program, including submission of required evidence of citizenship or eligible immigration status. “Information” includes any requested certification, release or other documentation. 2. The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and com position in accordance with HUD requirements . 3. The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information. 4. Any information supplied by the family must be true and complete. 5. The family is responsible for any Housing Quality Standards (HQS) breach caused by the family as described in 24 CFR Section 982.404(b). 6. The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan. 7. The family must not commit any serious violation of the lease. PHA Policy The PHA will determine if a family has committed serious violations of the lease based on available evidence, including but not limited to, a court-ordered eviction or an owner’s notice to evict. Serious lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was th e fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking will not be construed as seriou s lease violations by the victim [24 CFR 5.2005(c)(1)]. 8. The family must notify the PHA and the owner before moving out of the unit or terminating the lease. PHA Policy The family must comply with lease requirements regarding written notice to the owner. Th e family must provide written notice to the PHA at the same time the owner is notified , but no less than 30 days prior to moving or terminating the lease. 9. The family must promptly give the PHA a copy of any owner eviction notice. 10. The family must use the assisted unit for residence by the family. The unit must be the family’s only residence. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -22 11. The composition of the assisted family residing in the unit must be approved by the PHA. The family must immediately notify the PHA in writing of the birth, adoption, or court- awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit. No other person (i.e., nobody but members of the assisted family) may reside in the unit (except for a foster child or li ve-in aide as provided below). PHA Policy The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. The PHA will determine eligibility of the new member in accordance with the policies in Chapter 3. 12. The family must immediately notify the PHA in writing if any family member no longer lives in the unit. 13. If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live -in aide, and to define when PHA consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (Sections I.K and I.M), and Chapter 11 (Section II.B). 14. Members of the household may engage in legal profitmaking activities in the unit, but only if such activities are incidental to primary use of the unit for residence by members of the family. 15. The family must not sublease or let the unit. PHA Policy Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a family member. 16. The family must not assign the lease or transfer the unit. 17. The family must supply any information or certification requested by the PHA to verify that the family is living in the unit , or related to family absence from the unit , including any PHA requested information or certification for the purposes of family absences. The family must coo perate with the PHA for this purpose. The family must promptly notify the PHA when the family is absent from the unit. PHA Policy Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to the PHA prior to the start of the extended absence. 18. The family must not own or have any interest in the unit (other than in a cooperative and owners of a manufactured home leasing a manufactured home space). 19. Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program (See Chapter 14, Program Integrity for additional information). 20. Family members mus t not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 12 -23 other residents and persons residing in the immediate vicinity of the premises (See C hapter 12 for HUD and PHA policies related to drug-related and violent criminal activity ). 21. Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises (See Chapter 12 for a discussion of HUD and PHA policies related to alcohol abuse ). 22. An assisted family or member of the family must not receive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program. 23. A family must not receive HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member w ho is a person with disabilities. [Form HUD -52646, Voucher] 24. The family must immediately notify the PHA in writing of any increases in family income or assets. 25. The family must immediately notify the PHA in writing when a full -time adult student is no longer enrolled and/or attending school full-time. 26. The family must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD-52646, Voucher]. 27. The family (including each family member) must not damage the unit or premises (other than damage from ordinary wear and tear) or permit any guest to damage the unit or premises. 28. The family agrees not to pay the owner/landlord any additional compensation (either monetary or other) other than that which is approved by the lease or approved by the PHA. 29. The family must not engage in or threaten abusive or violent behavior towards any PHA employee or representative. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -1 Chapter 13 OWNERS INTRODUCTION Owners play a major role in the programs by supplying decent, safe, and sanitary hous ing for participating families. The term “owner” refers to any person or entity with the legal right to lease or sublease a unit to a partic ipant in the programs [24 CFR 982.4(b)]. The term “owner” includes a principal or other interested party [24 CFR 982.453; 24 CFR 982.306(f)], such as a designated agent of the owner. Owners have numerous responsibilities under the program, including screening and leasing to families, maintaining the dwelling unit, enforcing the lease, and complying with various contractual obligations. The chapter is organized in two parts: Part I: Owners in the Program . This part discusses the role of an owner in the PHA’s program and highlights key owner rights and responsibilities. Part II: HAP Contracts . This part explains provisions of the contract and the relationship between the PHA and the owner as expressed in the contract. For detailed information about program re sponsibilities and processes, including PHA policies in key areas, owners will need to refer to several other chapters in this p lan. Where appropriate, Chapter 13 will reference the other chapters. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -2 PART I. OWNERS IN THE PROGRAM 13-I.A . OWNER RECRUITMENT AND RETENTION [HCV G B, pp. 2-4 to 2-6] Recruitment PHAs are responsible for ensuring that very low income families have access to all types and ranges of affordable housing in the PHA’s jurisdiction, particularly housing outside areas of poverty or minority concentration. A critical element in fulfilling this responsibility is for the PHA to ensure that a sufficient number of owners, representing all types and ranges of affordable housing in the PHA’s jurisdiction, are willing to participate in the program s. To accomplish this objective, PHAs must identify and recruit new owners to participate in the program. PHA Policy The PHA will conduct owner outreach to ensure that owners are familiar with the program and its advantages. The PHA will actively recruit pro perty owners with property located outside areas of poverty and minority concentration. These outreach strategies will include: Distributing an owner packet of printed material about the program to property owners and managers Contacting property owners and managers by phone or in-person Holding owner recruitment/information meetings . Participating in community based organizations comprised of private property and apartment owners and managers Developing working relationships with owners and real estate bro kers associations Outreach strategies will be monitored for effectiveness, and adapted accordingly. Retention In addition to recruiting owners to participate in the programs, the PHA must also provide the kind of customer service that will encourage partic ipating owners to remain active in the program. PHA Policy All PHA activities that may affect an owner’s ability to lease a unit will be processed as rapidly as possible, in order to minimize vacancy losses for owners. The PHA will provide owners with a f actsheet that explains the programs, including HUD and PHA policies and procedures, in easy-to -understand language. The PHA will give special attention to helping new owners succeed through activities such as: DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -3 Providing the owner with a designated PHA contact person. Coordinating inspection and leasing activities between the PHA, the owner, and the family. Initiating telephone contact with the owner to explain the inspection process, and providing an inspection booklet and other resource materials about HUD housing quality standards. Providing other written information about how the program operates, including answers to frequently asked questions. Additional services may be undertaken on an as-needed basis, and as resources permit. 13-I.B. BASIC HCV PROGRA M R EQUIREMENTS HUD requires the PHA to assist families in their housing search by providing the family with a list of landlords or other parties known to the PHA who may be willing to lease a unit to the family, or to help the family find a unit. Although the PHA cannot maintain a list of owners that are pre -qualified to participate in the program, owners may indicate to the PHA their willingness to lease a unit to an eligible family, or to help the family find a unit [24 CFR 982.301(b)(11)]. PHA Policy Own ers that wish to indicate their willingness to lease a unit to an eligible family or to help the family find a unit must notify the PHA. The PHA will maintain a listing of such units and provide this listing to the family as part of the informational brief ing packet if available . When a family approaches an owner to apply for tenancy, the owner is responsible for screening the family and deciding whether to lease to the family, just as the owner would with any potential unassisted tenant. The PHA has no liability or responsibility to the owner or other persons for the family’s behavior or suitability for tenancy . See chapters 3 and 9 for more detail on tenant family screening policies and process. If the owner is willing, the family and the owner must joint ly complete a Request for Tenancy Approval (RTA , Form HUD 52517), which constitutes the family's request for assistance in the specified unit, and which documents the owner's willingness to lease to the family and to foll ow the program’s requirements. When submitted to the PHA, this document is the first step in the process of obtaining approval for the family to receive the financial assistance it will need in order to occupy the unit. Also submitted with the RTA is a copy of the owner’s proposed dwelling lease, including the HUD-required Tenancy Addendum (Form HUD -52641-A). See Chapter 9 for more detail on request for tenancy approval policies and process. HUD regulations stipulate requirements for the approval of an assisted tenancy. The owner must be qua lifie d to participate in the program [24 CFR 982.306]. Some owners are precluded from participating in the program, or from renting to a particular family, either because of past history with this or another federal housing program, or because of certain c onflicts of interest. Owner qualifications are discussed later in this c hapter. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -4 The selected unit must b e of a type that is eligible for th e program [24 CFR 982.305(a)]. Certain types of dwelling units cannot be assisted under the program. Other types may be assisted under certain conditions. See chapter 9 for more detail on unit eligibility policies and process. The selected unit must meet HUD’s Housing Quality Standards (HQS) and/or equivalent state or local standards approved by HUD [24 CFR 982.305(a)]. The PHA will inspect the owner’s dwelling unit at least annually to ensure that the unit continues to meet HQS requirements. See chapter 8 for a discussion of the HQS standards, and policies for HQS inspections at initial lease - up and throughout the family ’s tenancy. The PHA must determine that the proposed rent for the unit is reasonable [24 CFR 982.305(a)]. The rent must be reasonable in relation to comparable unassisted units in the area and must not be in excess of rents charged by the owner for compara ble, unassisted units on the premises. See chapter 8 for a discussion of requirements and policies on rent reasonableness , rent comparability and the rent reasonableness determination process. At initial lease -up of a unit, if the gross rent exceeds the applicable payment standard, the PHA must ensure that the family share does not exceed 40 percent of the family’s monthly adjusted income [24 CFR 982.305(a)]. See chapter 6 for a discussion of the calculation of family income, family share of rent and HAP. T he dwelling lease must comply with all program requirements [24 CFR 982.308]. Owners are encouraged to use their standard leases when renting to an assisted family. The HUD Tenancy Addendum includes the HUD requirements governing the tenancy and must be ad d ed word -for - word to the owner’s lease. See chapter 9 for a discussion of the dwelling lease and tenancy addendum, including lease terms and provisions. The PHA and the owner must execute a Contract (F orm HUD -52641). The contract format is prescribed by HUD. See C hapter 9 for a discussion of the HUD requirements for execution of the contract . 13-I.C . OWNER RESPONSIBILITIES [24 CFR 982.452] The basic owner responsibilities in the program are outlined in the regulations as follows: • Compl ying with all of the o wner's obligations under the contract and the lease • Performing all management and rental functions for the assisted unit, including selecting a voucher-holder to lease the unit, and deciding if the family is suitable for tenancy of the unit • Maintaining the unit in accordance with the Housing Quality Standards (HQS), including performance of ordinary and extraordinary maintenance • Complying with equal opportunity requirements • Preparing and furnishing to the PHA information required under the HAP contract • Coll ecting and the security deposit, the tenant rent, and any charges for unit damage by the family. • Enforcing tenant obligations under the dwelling lease . • Paying for utilities and services that are not the responsibility of the family as specified in the leas e DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -5 • Allow ing reasonable modifications to a dwelling unit occupied or to be occupied by a disabled person [24 CF R 100.203] • Comply with the Violence Against Women Reauthorization Act of 2013 (VAWA) when screening and terminating tenants. 13-I.D. O WNER QUALIFICATIONS The PHA does not formally approve an owner to participate in the program. However, there are a number of criteria where the PHA may deny approval of an assisted tenancy based on past owner behavior, conflict of interest, or other owner-related issue s. No owner has a right to participate in the program [24 CFR 982.306(e)]. Owners Barred from Participation [24 CFR 982.306(a) and (b)] The PHA must not approve the assisted tenancy if the PHA has been informed that the owner has been debarred, suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD may direct the PHA not to approve a tenancy request if a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements, or if such an action is pending. Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11 -2] The PHA must not approve a tenancy if the owner is the parent, child, grandparent, grandchild, sister, or brother of any member of the family. The PHA may make an exception as a reasonable accommodation for a family member with a disability. The owner is required to certify that no such relationship exists. This restriction applies at the time that the family receives assistance under the program for occupancy of a particular unit. Current contracts on behalf of owners and families that are related may continue, but any new leases or contracts for these families may not be approved. PHA Policy In cases where the owner and tenant bear the same last name, the PHA may, at its discretion, require the family and or owner to certify whether they are related to each other in any way. Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] The PHA must not approve a tenancy in which any of the following classes of persons has any interest, direct or indirect, during tenure or for one year thereafter: • Any present or former member or officer of the PHA (except a participant commissioner) • Any employee of the PHA, or any contractor, subcontractor or agent of the PHA, who formulates policy or who influences decisions with respect to the programs • Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs • Any member of the Congres s of the United States DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -6 HUD may waive the conflict of interest requirements, except for members of Congress, for good cause. The PHA must submit a waiver request to the appropriate HUD Field Office for determination. Any waiver request submitted by the PHA must include the following [HCV Guidebook pp.11-2 and 11-3]: • Complete statement of the facts of the case; • Analysis of the specific conflict of interest provision of the HAP contract and justification as to why the provision should be waived; • Analysis of an d statement of consistency with state and local laws. The local HUD office, the PHA, or both parties may conduct this analysis. Where appropriate, an opinion by the state’s attorney general should be obtained; • Opinion by the local HUD office as to whether there would be an appearance of impropriety if the waiver were granted; • Statement regarding alternative existing housing available for lease under the HCV program or other assisted housing if the waiver is denied; • If the case involves a hardship for a par ticular family, statement of the circumstances and discussion of possible alternatives; • If the case involves a public official or member of the governing body, explanation of his/her duties under state or local law, including reference to any responsibilities involving the program; • If the case involves employment of a family member by the PHA or assistance under the program for an eligible PHA employee, explanation of the responsibilities and duties of the position, including any related to the program; • If the case involves an investment on the part of a member, officer, or employee of the PHA, description of the nature of the investment, including disclosure/divestiture plans. Where the PHA has requested a conflict of interest waiver, the PHA may not execute the contract until HUD has made a decision on the waiver request. PHA Policy In considering whether to request a conflict of interest waiver from HUD, the PHA will consider certain factors such as consistency of the waiver with state and local laws; the existence of alternative housing available to families , the individual circumstances of a particular family; the specific duties of individuals whose positions present a possible conflict of interest; the nature of any financial investment in the property and plans for disclosure/divestiture; and the possible appearance of impropriety. Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)] HUD regulations permit the PHA to disapprove a request for tenancy for various actions and inactions of the owner. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -7 If the PHA disapproves a request for tenancy because an owner is not qualified, it may not terminate the contract for any assisted families that are already living in the owner’s properties unless the owner has violated the HAP contract for those units [HCV GB p. 11-4]. PHA Policy The PHA will refuse to approve a request for tenancy if the PHA becomes aware that any of the following are true: The owner has violated obligations under a contract under Section 8 of the 1937 Act (42 U.S.C. 1437f); The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program; The owner has engaged in any drug -related criminal activity or any violent criminal activity; The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs, or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program; The owner has a h istory or practice of failing to terminate tenancy of tenants of units assisted under Section 8 or any other federally assisted housing program for activity engaged in by the tenant, any member of the household, a guest or another person under the control of any member of the household that: (i) Threatens the right to peaceful enjoyment of the premises by other residents; (ii) Threatens the health or safety of other residents, of employees of the PHA, or of owner employees or other persons engaged in manage ment of the housing; (iii) Threatens the health or safety of, or the right to peaceful enjoyment of their residences, by persons residing in the immediate vicinity of the premises; or (iv) Is drug -related criminal activity or violent criminal activity ; The owner has a history or practice of renting units that fail to meet state or local housing codes; The owner has not paid state or local real estate taxes, fines, or assessment ; The owner has engaged in or threatened violent or abusive behavior toward PHA personnel; or The proposed unit is in foreclosure. In considering whether to disapprove owners for any of the discretionary reasons listed above, the PHA will consider any mitigating factors. Such factors may include, but are not limited to, the seriousness of the violation in relation to program requirements, the impact on the ability of families to lease units under the program, health and safety of participating families, among others. Upon consideration of such circumstances, the PHA may, on a case -by -ca se basis, choose to approve an owner. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -8 Legal Ownership of Unit The following represents PHA policy on legal ownership of a dwelling unit to be assisted under the HCV program. PHA Policy The PHA will only enter into a contractual relationship with the legal owner of a qualified unit. No tenancy will be approved without acceptable documentation of legal ownership (e.g., deed of trust, proof of taxes for most recent year). If a professional management firm represents the owner, the PHA will require a letter fr om the owner verifying this arrangement. The PHA will also require a Tax ID number for tax purposes and bank deposit information for direct deposit. No housing assistance payment will be made prior to the PHA receiving these documents. 13-I.E . NON -DISCRIMINATION [HAP Contract – Form HUD -52641] The owner must not discriminate against any person because of race, color, religion, sex, national origin, age, familial status, disability, 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 owner must cooperate with the PHA and with HUD in conducting any equal opportunity compliance reviews and complaint investigations in connection with the program and the contract with the PHA. See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity requirements in the program. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -9 PART II. HAP CONTRACTS 13-II.A . OVERVIEW The contract represents a written agreement be tween the PHA and the owner of the dwelling unit occupied by an assisted family. The contract spells out the owner’s responsibilities under the program, as well as the PHA’s obligations. Under the contract, the PHA agrees to make housing assistance payment s to the owner on behalf of the family approved by the PHA to occupy the unit. The contract is used for all program tenancies except for assistance under the Section 8 homeownership program, and assistance to families that own a manufactured home and use their assistance to lease the space for the manufactured home. See chapter 15 for a discussion of any special housing types included in the PHA’s HCV program. When the PHA has determined that the unit meets program requirements and the tenancy is approvable, the PHA and owner must execute the contract. See chapter 9 for a discussion of the leasing process, including provisions for execution of the contract. 13-II.B. HAP CONTRACT CONTENTS The contract format is required by HUD, specifically Housing Assistance Payment (HAP) Contract, Form HUD-52641. The HAP contract contains three parts. Part A of the contract includes basic contract information: the name s of the tenant and all household members, the address of the contract unit, start and end dates of initial lease term, the amount of initial monthly rent to owner, the amount of initial housing assistance payment, the utilities and appliances to be supplied by owner and tenant, and the signatures of the PHA representative and owner [HCV Guidebook, pp 11-10 and 11-11]. In general, the contract cannot be modified. However, PHAs do have the discretion to add language to Part A of the contract which prohibits the owner from collecting a security deposit in excess of private market practices or in excess of amounts c harged to unassisted tenants. PHA policy on the amount of security deposit an owner may collect is found in C hapter 9. PHAs also have the discretion to add language to Part A of the contract that defines when the housing assistance payment by the PHA is de emed received by the owner (e.g., upon mailing by the PHA or actual receipt by the owner). PHA Policy The PHA has not adopted a policy that defines when the housing assistance payment by the PHA is deemed received by the owner. Therefore, no modifications to the contract will be necessary. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -10 Part B is the body of the contract. It describes in detail program requirements affecting the owner and owner roles and responsibilities under the program. Most of the requirements contained in Part B of the HAP contract are outlined elsewhere in this p lan . Topics addressed in Part B include: • Lease of Contract Unit • Maintenance, Utilities, and Other Services • Term of Contract • Provision and Payment of Utilities and Appliances • Rent to Owner: Reasonable Rent • PHA Payment to Own er • Prohibition of Discrimination • Owner’s Breach of HAP Contract • PHA and HUD Access to Premises and Owner’s Records • Exclusion of Third Party Rights • Conflict of Interest • Assignment of the HAP Contract • Written Notices • Entire Agreement Interpretation Part C of the contract includes the Tenancy Addendum (Form HUD -52641-A). The addendum sets forth the tenancy requirements for the program and the composition of the household, as approved by the PHA. The tenant has the right to enforce the Tenancy Addendum against the owner. The terms of the Tenancy Addendum prevail over any other provisions of the lease. PHA Policy To cover the special requirements of the HOME Program, the PHA requires a Lease Addendum to be executed between the tenant and the landlord, which cove rs the prohibited lease provisions that may not be enforced by the landlord. 13-II .C . HAP CONTRACT PAYMENTS General During the term of the contract, and subject to the provisions of the contract, the PHA must make monthly HAP payments to the owner on behal f of the family , at the beginning of each month. If a lease term begins after the first of the month, the HAP payment for the first month is prorated for a partial month. The amount of the payment is determined according to the policies described in Chapter 6, and is subject to change during the term of the contract. The PHA must notify the owner and the family in writing of any changes in the HAP payment. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -11 HAP payments can be made only during the lease term, and only while the family is residing in the un it. The monthly HAP payment by the PHA is credited toward the monthly rent to owner under the family’s lease. The total of the rent paid by the tenant and the HAP payment is equal to the rent to owner as specified in the lease. The family is not responsible for payment of the HAP payment, and the PHA is not responsible for payment of the family share of rent. The family’s share of the rent cannot be more than the difference between the rent to owner and the HAP payment. The owner may not demand or accept any rent payment from the tenant in excess of this maximum [24 CFR 982.451(b)(4)]. The owner ma y not charge the tenant extra amounts for items customarily included in rent in the locality, or provided at no additional cost to unsubsidized tenants in the premises [24 CFR 982.510(c)]. See chapter 9 for a discussion of separate, non -lease agreements for services, appliances and other items that are not included in the lease. If the owner receives any excess HAP from the PHA, the excess amount must be returned immediately. If the PHA determines that the owner is not entitled to all or a portion of the HAP, the PHA may deduct the amount of overpayment from any amounts due to the owner, including amounts due under any other Section 8 HCV contract. See Chapter 16 for additional detail on owner reimbursement of HAP overpayments. PHA Policy The PHA requires property owners to participate in d irect deposit of HAP payments . To begin direct deposit service, property o wners must p rovide a completed Direct Deposit Authorization form. Owner Certification of Compliance Unless the owner complies with all provisions of the contract, the owner is not entitled to receive housing assistance payments under the contract [HAP Contract – Form HUD -52641]. By endorsing the monthly check from the PHA, the owner certifies to compliance with the terms of the contract. This includes certification that the owner is maintaining the unit and premises in accordance with HQS; that the contract unit is leased to the tenant family and, to the best o f the owner’s knowledge, the family resides in the unit as the family’s only residence; the rent to owner does not exceed rents charged by the owner for comparable unassisted units on the premises; and that the owner does not receive (other than rent to ow ner) any additional payments or other consideration for rent of the contract unit during the HAP term. Late HAP Payme nts [24 CFR 982.451(a)(5)] The PHA is responsible for making HAP payments promptly when due to the owner, in accordance with the terms of the contract. After the first two calendar months of the contract term, the contract provides for late penalties if the PHA fails to make the HAP payment on time . DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -12 Penalties for late HAP payments can only be imposed if 1) the penalties are in accordance wi th generally accepted local rental market practices and law governing penalties for late payment by tenants; 2) it is the owner’s normal business practice to charge late payment penalties for both assisted and unassisted families; and 3) the owner charges the assisted family for late payment of the family’s share of the rent. The PHA is not required to pay a late payment penalty if HUD determines that the payment is late for re asons beyond the PHA’s control. In addition, late payment penalties are not requi red if the PHA intentionally delays or denies payment as a remedy to an owner breach of the HAP contract [HCV Guidebook p. 11-7]. Termination of HAP Payments [24 CFR 982.311(b)] The PHA must continue making housing assistance payments to the owner in accor dance with the contract as long as the tenant continues to occupy the unit and the contract is not violated. HAP payments terminate when the contract terminates or when the tenancy is terminated in accordance with the terms of the lease. If the owner has i nitiated eviction proceedings against the family and the family continues to reside in the unit, the PHA must continue to make housing assistance payments to the owner until the owner has obtained a court judgment or other process allowing the owner to evi ct the tenant. PHA Policy The owner must inform the PHA when the owner has initiated eviction proceedings against the family and the family continues to reside in the unit. Notification includes providing a copy of the eviction notice to the PHA at the sa me time the owner serves the tenant. The owner must inform the PHA when the owner has obtained a court judgment or other process allowing the owner to evict the tenant, and provide the PHA with a copy of such judgment or determination. After the owner has obtained a court judgment or other process allowing the owner to evict the tenant, the PHA will continue to make HAP payments to the owner until the family actually moves from the unit or until the family is physically evicted from the unit, whichever is e arlier. The owner must inform the PHA of the date when the family actually moves from the unit or the family is physically evicted from the unit. 13-II.D. BREACH OF CONTRACT [24 CFR 982.453] Any of the following actions by the owner constitutes a breach of the contract: • If the owner violates any obligations under the contract including failure to maintain the unit in accordance with HQS • If the owner has violated any obligation under any other contract • If the owner has committed fraud, bribery or any other corrupt or criminal act in connection with any federal housing program DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -13 • For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed to comply with the regulation for the applicable program; or if the owner has committed fraud, bribery or any other corrupt or criminal act in connection with the mortgage or loan • If the owner has engaged in drug-related criminal activity • If the owner has committed any violent criminal activity If the PHA determines that a breach of the contract has occurred, it may exercise any of its rights and remedies under the contract. The PHA rights and remedies against the owner under the contract include recovery of any HAP overpayment, suspension of housing assistance payments, abatement or reduction of the housing assistance payment, termination of the payment or termination of the contract. The PHA may also obtain additional relief by judicial order or action. The PHA must notify the owner of its determination and provide in writing the reasons for the dete rmination. The notice may require the owner to take corrective action by an established deadline. The PHA must provide the owner with written notice of any reduction in housing assistance payments or the termination of the contract. PHA Policy Before the PHA invokes a remedy against an owner, the PHA will evaluate all information and documents available to determine if the contract has been breached. If relevant, the PHA will conduct an audit of the owner’s records pertaining to the tenancy or unit. If it i s determined that the owner has breached the contract, the PHA will consider all of the relevant factors including the seriousness of the breach, the effect on the family, the owner’s record of compliance and the number and seriousness of any prior contrac t violations. 13-II.E . HAP CONTRACT TERM AND TERMINATIONS The term of the contract runs concurrently with the term of the dwelling lease [24 CFR 982.451(a)(2)], beginning on the first day of the initial term of the lease and terminating on the last day of the term of the lease, including any lease term extensions . The contract and the housing assistance payments made under the contract terminate if [HCV Guidebook pp.11-4 and 11-5, pg. 15-3]: • The owner or the family terminates the lease; • The lease expires; • T he PHA terminates the contract; • The PHA terminates assistance for the family; • The family moves from the assisted unit. In this situation, the owner is entitled to keep the housing assistance payment for the month when the family moves out of the unit. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -14 • 180 calendar days have elapsed since the PHA made the last housing assistance payment to the owner; • The family is absent from the unit for longer than the maximum period permitted by the PHA ; • The Annual Contributions Contract (ACC) between the PHA and HUD exp ires • The PHA elects to terminate the contract. PHA Policy The PHA may elect to terminate the contract in each of the following situations: Available program funding is not sufficient to support continued assista nce for families in the program [24 CFR 982.454]; The unit does not meet HQS size requirements due to change in family composition [24 CFR 982.403] – s ee chapter 8; The unit does not meet HQS [24 CFR 982.404] – s ee c hapter 8 ; The family breaks up [HUD Form 52641] – s ee chapter 3; The owner breache s t he contract [24 CFR 982.453(b)] – s ee Section 13-II.D . If the PHA terminates the contract, the PHA must give the owner and the family written notice. The notice must specify the reasons for the termination and the effective date of the termination. Once a contract is terminated, no further HAP payments may be made under that contract [HCV Guidebook pg.15-4]. PHA Policy In all cases, the contract terminates at the end of the calendar month that follows the calendar month in which the PHA give s written notice to the owner. The owner is not entitled to any housing assistance payment after this period, and must return to the PHA any housing assistance payment received after this period. If the family moves from the assisted unit into a new unit, even if the new unit is in the same building or complex as the assisted unit, the contract for the assisted unit terminates. A new contract would be required [HCV GB, p. 11-17]. When the family moves from an assisted unit into a new unit, t he term of the contract for the new unit may begin in the same month in which the family moves out of its old unit. This is not considered a duplicative subsidy [HCV GB, p. 8-22 ]. 13-II.F . CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD -52641] The contract cannot be assigned to a new owner without the prior written consent of the PHA. An owner under a contract must notify the PHA in writing prior to a change in the legal ownership of the unit. The owner must supply all information as requested by the PHA. Prior to approval of assignment to a new owner, the new owner must agree to be bound by and comply with the contract. The agreement between the new owner and the former owner must be DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 13 -15 in writing and in a form that the PHA finds acceptable . The new owner must provide the PHA with a copy of the executed agreement. PHA Policy Assignment of the contract will be approved only if the new owner is qualified to become an owner under the program according to the policies in Section 13-I.D. of this chapter. The PHA must receive a signed, w ritten request from the existing owner stating the name and address of the new HAP payee and the effective date of the assignment in order to change the HAP payee under an outstanding contract. The new owner must provide a written certification to the PHA that includes: A copy of the escrow statement or other document showing the tran sfer of title and recorded deed; A copy of the owner’s IRS Form W-9, Request for Taxpayer Identification Number and Certification, or the social security number o f the new owne r; The effective date of the contract assignment; A written agreement to comply wit h the terms of the contract; and A certification that the new owner is not a prohibited relative. If the new owner wants to offer the family a new lease, and the family elec ts to stay with continued assistance, the PHA will process the leasing in accordance with the policies in C hapter 9. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -1 Chapter 14 PROGRAM INTEGRITY INTRODUCTION The PHA is committed to ensuring that subsidy funds made available to the PHA are spent in accordance with HUD requirements. This chapter covers HUD and PHA policies designed to prevent, detect, investigate, and resolve instances of program abuse or fraud. It also describes the actions that will be taken in the case of unintentional errors and omissions. Part I : Preventing, Detecting, and Investigating Errors and Program Abuse . This p art presents PHA policies relate d to preventing, detecting, and investigating errors and program abuse. Part II : Corrective Measures and Penalties . This p art describes the corrective measures the PHA must and may take when errors or program abuses are found. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -2 PART I : PREVENTING, DETECTIN G, AND INVESTIGATING ERRORS AND PROGRAM ABUSE 14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for preventing errors and detecting program abuse. PHAs are required to use the EIV system in its entirety in accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to: • Provide applicants and participants with form HUD-52675, “Debts Owed to PHAs and Terminations” • Require all adult members of an applicant or participant family to acknowledge receipt of form HUD -52675 by signing a copy of the form for retention in the family file PHA Policy To ensure that the PHA’s programs are administered effectively and according to the highest ethical and le gal standards, the PHA will employ a variety of techniques to ensure that both errors and int entional program abuse are rare . The PHA will discuss program compliance and integrity issues during the voucher briefing sessions described in Chapter 5. The PHA will provide each applicant and participant with a copy of “Is Fraud Worth It?” (form HUD -1141-OIG ) , which explains the types of actions a family must avoid and the penalties for program abuse. The PHA will provide each applicant and participant with a copy of “What You Should Know about EIV,” a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2010-19. In addition, the PHA will require the head of each household to acknowledge receipt of the guide b y signing a copy for retention in the family file. The PHA will place a warning statement about the penalties for fraud (as described in 18 U.S.C. 1001 and 1010) on key PHA forms and form letters that request information from a family or owner. At every regular reexamination, PHA staff will explain any changes in HUD regulations or PHA policy that affect program participants. The PHA will require first -time owners (or their agents) to participate in a briefing session on contract requirements. The PHA will provide owners with ongoing information about the program, with an emphasis on actions and situations to avoid. PHA staff will provide the family the opportunity for review and will explain when the family requests clarification, the contents of HUD and P HA required forms when requesting family member signatures. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -3 The PHA will inform participants of the investigative process and their rights by providing each participant with the PHA’s Investigation Protocol in the following manner: 1. As part of the annual r ecertification process; and 2. Immediately prior to commencement of the investigatory interview. The PHA will provide each PHA employee with the necessary training on program rules and the organization’s standards of conduct and ethics. For purposes of this chapter the term error refers to an unintentional error or omission. P rogram abuse or fraud refers to a single act or pattern of actions that constitute a false statement, omission, or concealment of a substantial fact, made with the intent to deceive or m islead that result in payment of funds in violation of program requirements. 14-I.B. DETECTING ERRORS AND PROGRAM ABUSE In addition to taking steps to prevent errors and program abuse, the PHA will use a variety of activities to detect errors and program abuse. Quality Control and Analysis of Data Under the Section 8 Management Assessment Program (SEMAP), HUD requires the PHA to review a random sample of tenant records annually to determine if the records conform to program requirements and to conduct quality control inspections of a sample of units to ensure HQS compliance [24 CFR, Part 985]. (See Chapter 16 for additional information about SEMAP requirements). PHA Policy In addition to the SEMAP quality control requirements, the PHA will employ a variety of methods to detect errors and program abuse. The PHA routinely will use HUD and other non-HUD sources of up-front income verification. This includes The Work Number and any other private or public databases available to the PHA. At each annual reexaminat ion, current information provided by the family will be compared to information provided at the last annual reexamination to identify inconsistencies and incomplete information. The PHA will compare family -reported income and expenditures to detect possible unreported income. Every two years (subject to funding availability) the PHA may obtain a credit report on all adult family members, at no expense to the family. Independent Audits and HUD Monitoring OMB Circular A -133 requires all PHAs that expend $500,000 or more in federal awards annually to have an independent audit (IPA). In addition, HUD conducts periodic on-site and automated monitoring of PHA activities and notifies the PHA of errors and po tential cases of program abuse. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -4 PHA Policy The PHA will use the results reported in any IPA or HUD monitoring reports to identify potential program abuses as well as to assess the effectiveness of the PHA’s error detectio n and abuse prevention efforts. Individual Reporting of Po ssible Errors and Program Abuse P HA Policy The PHA will encourage staff, program participants, and the public to report possible program abuse. 14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE When the PHA Will Investigate PHA Policy The PHA will review all referrals, specific allegations, complaints, and tips from any source including other agencies, companies, and individuals, to determine if they warrant investigation. In order for the PHA to investigate, the allegation must contain at least one independently-verifiable item of informatio n, such as the name of an employer or the name of an unauthorized household member. The PHA will investigate when inconsistent or contradictory information is detected through file reviews , the verification process and, when needed, an independent fraud investigator . Consent to Release of Information [24 CFR 982.516] The PHA may investigate possible instances of error or abuse using all available PHA and public records. If necessary, the PHA will require families to sign consent forms for the release of add itional information . Analysis and Findings PHA Policy The PHA will base its evaluation on a preponderance of the evidence coll ected during its investigation. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence that as a whole shows that the fact sought to be proved is more probable than not. Preponderance of evidence may not be determined by the number of witnesses, but by the greater wei ght of all evidence For each investigation the PHA will determine (1) whether an error or program abuse has occurred, (2) whether any amount of money is owed the PHA, and (3) what corrective measures or penalties will be assessed. Consideration of Remedi es DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -5 All errors and instances of program abuse must be corrected prospectively. Whether the PHA will enforce other corrective actions and penalties depends upon the nature of the error or program abuse. PHA Policy In the case of family -caused error s or prog ram abuse, the PHA will take into consideration (1) the seriousness of the offense and the extent of participation or culpability of individual family members, (2) a ny special circumstances surrounding the case, (3) a ny mitigating circumstances related to the disability of a family member, (4) the effects of a particular remedy on family members who were not involved in the offense. In the case of owner -caused errors or program abuse, the PHA will take into consideration (1) the seriousness of the offense, (2) the length of time since the violation has occurred, and (3) the effects of a particular remedy on family members who were not involved in the offense. Notice and Appeals PHA Policy The PHA will inform the relevant party in writing of its findings and remedies within 10 business days of the conclusion of the investigation. The notice will include (1) a description of the error or program abuse, (2) the basis on which the PHA determined the error or program abuses, (3) the remedies to be employed , and (4) the famil y’s right to appeal the results through the informal review or hearing process, if applicable (see Chapter 16). DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -6 PART II : CORRECTIVE MEASURES AND PENALTIES 14-II.A . SUBSIDY UNDER - OR OVERPAYMENTS A subsidy under- or overpayment includes (1) an incorrect housing assistance payment to the owner, (2) an incorrect family share established for the family, and (3) an incorrect uti lity reimbursement to a family. Corrections Whether the incorrect subsidy determination is an overpayment or underpayment of subsidy, the PHA must promptly correct the HAP, family share, and any utility reimbursement pro spectively. PHA Policy Increases in the family share will be implemented on the first of the month following a written 30 -day notice. Any decreases in family s hare will become effective the first of the month following the discovery of the error. Reimbursement Whether the family or owner is required to reimburse the PHA or the PHA is required to make retroactive subsidy payments to the owner or family depends upon which party is responsible for the incorrect subsidy payment and whether the action taken was an error or program abuse. Policies regarding reimbursement are discussed in the three sections that follow. 14-II.B . FAMILY -CAUSED ERRORS AND PROGRAM ABUSE Fa mily obligations and general administrative requirements for participating in the program are discussed throughout this plan. This section deals specifically with errors and program abuse by family members. An incorrect subsidy determination caused by a family generally would be the result of incorrect reporting of family composition, income, assets, or expenses, but also would include instances in which the family knowingly allows the PHA to use incorrect information provided by a third party. Family Reimb ursement to PHA [HCV GB pp. 22 -12 to 22-13] PHA Policy In the case of family -caused error s or program abuse, the family will be required to repay any excess subsidy received. The PHA may, but is not required to, offer the family a repayment agreeme nt in accordance with Chapter 16 . If the family fails to repay the excess subsidy, or creates more than two overpayments in 36 months by failing to report income, the PHA will terminate the family’s assistance in accordance with the policies i n Chapter 1 2. PHA Rei mbursement to Family [HCV GB p. 22 -12] PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -7 The PHA will not reimburse the family for any underpayment of assistance when the underpayment clearly is caused by the family . Prohibited Actions An applicant or participant in the program must not knowi ngly: • Make a false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.552(c)(iv)]. PHA Policy Any of the following will be considered evidence of family program abuse: Payment to the owner in excess of amounts authorized by the PHA for rent, security d eposit, and additional services Offer ing bribes or illegal gratuities to the PHA Board of Commissioners, employees, contractors, or other PHA representatives Offer ing payments or other incentives to the owner or a third party as an inducement for the third party to make false or misleading statements to the PHA on the family’s behalf U se of a false name or the use of falsified, for ged, or a ltered documents Intentional misreporting of family information or circumstances (e.g. income, family composition ) Omitted facts that were obviously known by a family member (e.g., not reporting employment income) Admission of program abuse by an adult fa mily member The PHA may determine other actions to be program abuse based upon a preponderance of the evidence, as defined earlier in this chapter. Penalties for Program Abuse In the case of program abuse caused by a family the PHA may, at its discretion, impose any of the following remedies. • The PHA may require the family to repay excess subsidy amounts paid by the PHA, as described earlier in this section. • The PHA may require, as a condition of receiving or continuing assistance, that a culpable family member not reside in the unit. See policies in Chapter 3 (for applicants) and Chapter 12 (for participants). • The PHA may deny or terminate the family’s assistance following the policies set f orth in Chapter 3 and Chapter 12 respectively. • The PHA may refer the family for state or federal criminal prosecution as described in section 14-II.E . DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -8 14-II.C . OWNER -CAUSED ERROR OR PROGRAM ABUSE Owner requirements that are part of the regular process of offering, leasing, and maintaining a unit (e.g., HQS compliance, fair housing) are addressed in the appropriate chapters of this plan. This section focuses on errors and program abuse by owners. An incorrect subsidy determination caused by an owner generally would be the result of an incorrect owner statement about the characteristics of the assisted unit (e.g., the number of bedrooms, which utilities are paid by the family). It also includes accepting duplicate housing assistance payments for the same unit in the same month, or after a family no longer resides in the unit. Owner Reimbursement to the PHA In all cases of overpayment of subsidy caused by the owner, the owner must repay to the PHA any excess subsidy received . The PHA may recover overpaid amounts by withholding housing assistance payments due for subsequent months , or if the debt is large, the PHA may allow the owner to pay in installments over a period of time [HCV GB p. 22 -13]. PHA Policy In cases where the owner has received excess subsidy, the PHA will require the owner to repay the amount owed in acco rdance with the policies in Section 16 -IV.B, or by withholding housing assistance payments due for subsequent months. Prohibited Owner Actions An owner participating in the program must not: • Make any false statement to the PHA [Title 18 U.S.C. Section 1001]. • Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program [24 CFR 982.453(a)(3)] including: PHA Policy Any of the following will be considered evidence of owner program abuse: Charging the family rent above or below the amount specified by the PHA Charging a security deposit other than that specified in the family’s lease Charging the family for services that are provided to unassi sted tenants at no extra charge Knowingly accepting housing assistance pa yments for any month(s) after the family has vacated the unit Knowingly accepting incorrect or exc ess housing assistance payments Offer ing bribes or illegal gratuities to the PHA Board of Commissioners, employees, contractors, or other PHA representatives Offer ing payments or other incentives to a family as an inducement for the family to make false or m isleading statements to the PHA Residing in t he unit with an assisted family DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -9 Remedies and Penalties When the PHA determines that the owner has committed pr ogram abuse, the PHA may take any of the following actions: • Require the owner to repay excess housing assistance payments, as discussed earlier in this section and in accordance with the policies in Chapter 16. • Terminate the contract (See Chapter 13). • Bar the owner from future participation in any PHA programs. • Refer the case to state or federal officials for criminal prosecution as described in section 14-II.E . 14-II.D. PHA -CAUSED ERRORS OR PROGRAM ABUSE The responsibilities and expectations of PHA staff with respect to normal program administration are discussed throughout this plan. This section specifically addresses actions of a PHA staff member that are considered errors or program abuse related to the program. Additional standards of conduct may be provided in the PHA personnel policy. PHA -caused incorrect subsidy determinations include (1) failing to correctly apply rules regarding family composition, income, assets, and expenses, (2) assigning the incorrect voucher size to a family, and (3) errors in calculation. Repayment to the PHA Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program abuse is caused by PHA staff [HCV GB. 22-12]. PHA Reimbursement to Family or Owner The PHA must reimburse a family for a ny underpayment of subsidy, regardless of whether the underpayment was the result of staff-caused error or staff or owner program abuse. Funds for this reimbursement must come from the PHA’s administrative fee reserves [HCV GB p. 22-12]. Prohibited Activit ies PHA Policy Any of the following will be considered evidence of program abuse by PHA staff : Fail ing to comply with any program requirements for personal gain Fail ing to comply with any program requirements as a result of a conflict of interest relation ship with any applicant, participant, or owner Seek ing or accept ing anything of material value from applicants, participating families, vendors, owners, contractors, or other persons who provide s ervices or materials to the PHA Disclosing confidential or p roprietary information to outside parties Gaining p rofit as a result of insider knowledge of PHA act ivities, policies, or practices DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimit ed copies may be m ade for internal use. Page 14 -10 Misappropriating or misusing funds Destroy ing , conceal ing, removing, or inappropriately using any rec ords related to the pro gram Commit ting any other corrupt or criminal act in connection wi th any federal housing program 14-II.E . CRIMINAL PROSECUTION PHA Policy When the PHA determines that program abuse by an owner, family, or PHA staff member has occurred and the amount of ove rpaid subsidy meets or exceeds the threshold for prosecution under local or state law, the PHA will refer the matter to the app ropriate entity for prosecution. When the amount of overpaid assistance meets or exceeds the federal threshold, the case will als o be referred to the HUD Office of Inspector General (OIG). Other criminal violations related to the program will be referred to the appropriate local, state, or federal entity. 14-II.F . FRAUD AND PROGRAM ABUSE RECOVERIES The PHA may retain a portion of program fraud losses that the PHA recovers from a family or owner through litigation, court order, or a repayment agreement [24 CFR 982.163]. The PHA must be the principal party initiating or sustaining the action to recover amounts due from tenants that a re due as a result of fraud and abuse. 24 CFR 792.202 permits the PHA to retain the greater of: • 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a lawsuit) or an administrative repayment agreement, or • Reasonable and necessary costs that the PHA incurs related to the collection including costs of investigation, legal fees, and agency collection fees. The family must be afforded the opportunity for an informal hearing in accordance with requirements in 24 CFR 982.555. If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted from the amount retained by t he PHA. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -1 Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] INTRODUCTION The PHA may permit a family to use any of the special housing types discussed in this chapter. However, the PHA is not required to permit families receiving assistance in its jurisdiction to use these housing types, except that PHAs must permit use of any special housing type if needed as a reasonable accommodation for a person with a disability. The PHA also may limit the number of families who receive assistance in these housing types and cannot require families to use a particular housing type. No special funding is provided for special housing types. PHA Policy Families will not be permitted to use any special housing types, with the exception of manufactured homes where the family owns the home and leases the space, un less use is needed as a reasonable accommodation so that the program is readily accessible to a person with disabilities. Special housing types include single room occupancy (SRO), congregate housing, group homes, shared h ousing, cooperative housing, manufactured homes where the family owns the home and leases the space, and homeownership [24 CFR 982.601]. This chapter consists of the following seven parts. Each part contains a description of the housing type and any specia l requirements associated with it. Except as modified by this chapter, the general requirements of the HCV program apply to special housing types. Part I : Single Room Occupancy Part II: Congregate Housing Part III : Group Homes Part V : Shared Housing Part V : Cooperative Housing Part VI : Manufactured Homes (including manufactured home space rental) Part VII : Homeownership DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -2 PART I : SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] 15-I.A. OVERVIEW A single room occupancy (SRO) unit provides living and sle eping space for the exclusive use of the occupant but requires the occupant to share sanitary and/or food preparation facilities with others. More than one person may not occupy an SRO unit. HCV regulations do not limit the number of units in an SRO facili ty, but the size of a facility may be limited by local ordinances. When providing assistance in an SRO unit, a separate lease and contract are executed for each assisted person, and the standard form of the contract is used. 15-I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION The payment standard for SRO housing is 75 percent of the zero -bedroom payment standard amount on the PHA’s payment standard schedule. The utility allowance for an assisted person residing in SRO housing is 75 percent of the zero - bedroom utility allowance. The HAP for an assisted occupant in an SRO facility is the lower of the SRO payment standard amount minus the TTP or the gross rent for the unit minus the TTP. 15-I.C. HOUSING QUALITY STANDARDS (HQS) HQS requirements de scribed in Chapter 8 apply to SRO housing except as modified below. • Access : Access doors to the SRO unit must have working locks for privacy. The occupant must be able to access the unit without going through any other unit. Each unit must have immediate a ccess to two or more approved means of exit from the building, appropriately marked and leading to safe and open space at ground level. The SRO unit must also have any other means of exit required by State or local law. • Fire Safety : All SRO facilities must have a sprinkler system that protects major spaces. “Major spaces” are defined as hallways, common areas, and any other areas specified in local fire, building, or safety codes. SROs must also have hard-wired smoke detectors, and any other fire and safety equipment required by state or local law. Sanitary facilities and space and security standards must meet local code requirements for SRO housing. In the absence of local code standards the requirements discussed below apply [24 CFR 982.605]. • Sanitary Fac ilities : At least one flush toilet that can be used in privacy, a lavatory basin, and a bathtub or shower in proper operating condition must be provided for each six persons (or fewer) residing in the SRO facility. If the SRO units are leased only to men, flush urinals may be substituted for up to one half of the required number of toilets. Sanitary facilities must be reasonably accessible from a common hall or passageway, and may not be located more than one floor above or below the SRO unit. They may not be located below grade unless the SRO units are located on that level. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -3 • Space and Security : An SRO unit must contain at least 110 square feet of floor space, and at least four square feet of closet space with an unobstructed height of at least five feet, fo r use by the occupant. If the closet space is less than four square feet, the habitable floor space in the SRO unit must be increased by the amount of the deficiency. Exterior doors and windows accessible from outside the SRO unit must be lockable. Because no children live in SRO housing, the housing quality standards applicable to lead- based paint do not apply. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -4 PART II : CONGREGATE HOUSING [24 CFR 982.606 through 982.609] 15-II.A. OVERVIEW Congregate housing is intended for use by elderly persons or person s with disabilities. A congregate housing facility contains a shared central kitchen and dining area and a private living area for the individual household that includes at least a living room, bedroom and bathroom. Food service for residents must be provided. If approved by the PHA, a family member or live-in aide may reside with the elderly person or person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing assistance in congregate housing, a separate lease and contract are executed for each assisted family, and the standard form of the contract is used. 15-II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION The payment standard for an individual unit in a congregate housing facility is based on the number of rooms in the private living area. If there is only one room in the unit (not including the bathroom or the kitchen, if a kitchen is provided), the PHA must use the payment standard for a zero -bedroom unit. If the unit has two or more rooms (other than the bathroom and the kitchen), the PHA must use the one-bedroom payment standard. The HAP for an assisted occupant in a congregate housing facility is the lower of the applicable payment standard minus the TTP or the gross rent for the unit minus the TTP. The gross rent for the unit for the purpose of calculating assistance is the shelter portion (including utilities) of the resident’s monthly housing expense only. The residents’ costs for food service should not be included in the rent for a congregate housing unit. 15-II.C. HOUSING QUALITY STANDARDS HQS requirements as described in Chapter 8 apply to congregate housing except for the requirements stated below. Congregate housing must have (1) a refrigerator of appropriate size in the private living area of each resident; (2) a central kitchen and dining facilities located within the premises and accessible to the residents, and (3) food service for the r esidents, that is not provided by the residents themselves. The housing quality standards applicable to lead-based paint do not apply. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -5 PART III : GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] 15-III.A. OVERVIEW A group home is a state-licen sed facility intended for occupancy by elderly persons and/or persons with disabilities. Except for live -in aides, all persons living in a group home, whether assisted or not, must be elderly persons or persons with disabilities. Persons living in a group home must not require continuous medical or nursing care. A group home consists of bedrooms for residents, which can be shared by no more than two people, and a living room, kitchen, dining area, bathroom, and other appropriate social, recreational, or co mmunity space that may be shared with other residents. No more than 12 persons may reside in a group home including assisted and unassisted residents and any live-in aides. If approved by the PHA, a live-in aide may live in the group home with a person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing assistance in a group home, a separate lease and contract is executed for each assisted family, and the standard form of the contract is used. 15-III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION Unless there is a live -in aide, the family unit size for an assisted occupant of a group home must be zero - o r one-bedroom, depending on the PHA’s subsidy standard. If there is a live-in aide, the aide must be counted in determining the household’s unit size. The payment standard used to calculate the HAP is the lower of the payment standard for the family unit s ize or the prorata share of the payment standard for the group home size. The prorata share is calculated by dividing the number of persons in the assisted household by the number of persons (assisted and unassisted) living in the group home. The HAP for a n assisted occupant in a group home is the lower of the payment standard minus the TTP or the gross rent minus the TTP. The utility allowance for an assisted occupant in a group home is the prorata share of the utility allowance for the group home. The re nts paid for participants residing in group homes are subject to generally applicable standards for rent reasonableness. The rent for an assisted person must not exceed the prorata portion of the reasonable rent for the group home. In determining reasonabl e rent, the PHA should consider whether sanitary facilities and facilities for food preparation and service are common facilities or private facilities. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -6 15-III.C. HOUSING QUALITY STANDARDS HQS requirements described in Chapter 8 apply to group homes except for the requirements stated below. • Sanitary Facilities : A group home must have at least one bathroom in the facility, with a flush toilet that can be used in privacy, a fixed basin with hot and cold running water, and a shower or bathtub with hot and cold running water. A group home may contain private or common bathrooms. However, no more than four residents can be required to share a bathroom. • Food Preparation and Service : Group home units must contain a kitchen and dining area with adequate space to st ore, prepare, and serve food. The facilities for food preparation and service may be private or may be shared by the residents. The kitchen must contain a range, an oven, a refrigerator, and a sink with hot and cold running water. The sink must drain into an approvable public or private disposal system. • Space and Security : Group homes must contain at least one bedroom of appropriate size for every two people, and a living room, kitchen, dining area, bathroom, and other appropriate social, recreational, or c ommunity space that may be shared with other residents. • Structure and Material : To avoid any threat to the health and safety of the residents, group homes must be structurally sound. Elevators must be in good condition. Group homes must be accessible to an d usable by residents with disabilities. • Site and Neighborhood : Group homes must be located in a residential setting. The site and neighborhood should be reasonably free from hazards to the health, safety, and general welfare of the residents, and should not be subject to serious adverse conditions, such as: - Dangerous walks or steps - Instability - Flooding, poor drainage - Septic tank back -ups - Sewage hazards - Mud slides - Abnormal air pollution - Smoke or dust - Excessive noise - Vibrations or vehicular traffic - Excessive accumulations of trash - Vermin or rodent infestation, and - Fire hazards. The housing quality standards applicable to lead-based paint do not apply. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -7 PART IV : SHARED HOUSING [24 CFR 982.615 through 982.618] 15-IV.A . OVERVIEW Shared housing is a single housing unit occupied by an assisted family and another resident or residents. The shared unit consists of both common space for use by the occupants of the unit and separate private space for each assisted family. An assisted family may share a unit with other persons assisted under the program or with other unassisted persons. The owner of a shared housing unit may reside in the unit, but housing assistance may not be paid on behalf of the owner. The resident owner may not be related by blood or marriage to the assisted family. If approved by the PHA, a live-in aide may reside with the family to care for a person with disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. When providing assistance in shared housing, a separate lease and contract are executed for each assisted family, and the standard form of the contract is used. 15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION The payment standard for a family in shared housing is the lower of the payment standard for the family unit size or the prorata share of the payment standard for the shared housing unit size. The prorata share is calculated by dividing the number of bedrooms available for occupancy by the assisted family in the private space by the total number of bedrooms in the unit. The HAP for a family in shared housing is the lower of the payment standard minus the TTP or the gross rent minus the TTP. The utility all owance for an assisted family living in shared housing is the prorata share of the utility allowance for the shared housing unit. The rents paid for families living in shared housing are subject to generally applicable standards for rent reasonableness. Th e rent paid to the owner for the assisted family must not exceed the pro -rata portion of the reasonable rent for the shared unit. In determining reasonable rent, the PHA should consider whether sanitary and food preparation areas are private or shared. 15-IV.C. HOUSING QUALITY STANDARDS The PHA may not give approval to reside in shared housing unless the entire unit, including the portion of the unit available for use by the assisted family under its lease, meets the housing quality standards. HQS requireme nts described in Chapter 8 apply to shared housing except for the requirements stated below. • Facilities Available for the Family : Facilities available to the assisted family, whether shared or private, must include a living room, a bathroom, and food preparation and refuse disposal facilities. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -8 • Space and Security : The entire unit must provide adequate space and security for all assisted and unassisted residents. The private space for each assisted family must contain at least one bedroom for each two persons in the family. The number of bedrooms in the private space of an assisted family must not be less than the family unit size. A zero -bedroom or one-bedroom unit may not be used for shared housing. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -9 PART V : COOPERATIVE HOUSING [24 CFR 982.619] 15-V.A. OVERVIEW This p art applies to rental assistance for a cooperative member residing in cooperative housing . It does not apply to assistance for a cooperative member who has purchased membership under the HCV homeownership option, or to rental assistance for a fa mily that leases a cooperative housing unit from a cooperative member. A cooperative is a form of ownership (nonprofit corporation or association) in which the residents purchase memberships in the ownership entity. Rather than being charged “rent” a coope rative member is charged a “carrying charge.” When providing assistance in cooperative housing, the standard form of the contract is used. 15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION The payment standard and utility allowance are determ ined according to regular HCV program requirements . The HAP for a cooperative housing unit is the lower of the payment standard minus the TTP or the monthly carrying charge for the unit, plus any utility allowance, minus the TTP. The monthly carrying charg e includes the member’s share of the cooperative debt service, operating expenses, and necessary payments to cooperative reserve funds. The carrying charge does not include down payments or other payments to purchase the cooperative unit or to amortize a loan made to the family for this purpose. 15-V.C. HOUSING QUALITY STANDARDS All standard HQS requirements apply to cooperative housing units. There are no additional HQS requirements. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -10 PART VI : MANUFACTURED HOMES [24 CFR 982.620 through 982.624] 15-VI.A. OVERVIEW A manufactured home is a manufactured structure, transportable in one or more parts, which is built on a permanent chassis, and designed for use as a principal place of residence. A ssisted families may occupy manufactured homes in two different ways . (1) A family can choose to rent a manufactured home already installed on a space and the PHA must permit it. In this instance program rules are the same as when a family rents any other residential housing, except that there are special HQS requirement s as provided in 15-VI.D below. (2) HUD also permits an otherwise eligible family that owns a manufactured home to rent a space for the manufactured home and receive assistance with the rent for the space . PHAs may, but are not required to, provide assistanc e for such families. 15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOME OWNERS WHO LEASE A SPACE Family Income In determining the annual income of families leasing manufactured home spaces, the value of the family’s equity in the manufactured home in which th e family resides is not counted as a family asset. Lease and HAP Contract There is a separate Tenancy Addendum (Form 52642-a) and separate Contract (Form 52642) for this special housing type. 15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION Payment Standards The FMR for a manufactured home space is generally 40 percent of the published FMR for a two -bedroom unit or, where approved by HUD, the 40th percentile of the rental distribution of manufactured home spaces for the FMR area. The PHA may establish a payment standard for manufactured home spaces that is between 90-110 percent of the FMR for manufactured home spaces. Utility Allowance The PHA must establish utility allowances for manufactured home space rental. For the first 12 months of th e initial lease term only, the allowance must include an amount for a utility hook -up charge if the family actually incurred a hook -up charge because of a move. This allowance will not be given to a family that leases in place. Utility allowances for manuf actured home space must not include the costs of digging a well or installing a septic system. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -11 Space Rent The space rent is the sum of the rent to the owner for the manufactured home space, any charges for maintenance and management provided by the owner , and the utility allowance for tenant - paid utilities. Housing Assistance Payment The HAP for a manufactured home space under the housing choice voucher program is the lower of the payment standard minus the TTP or the (gross) manufactured home space rent minus the TTP. Rent Reasonableness Initially, and annually thereafter the PHA must determine that the rent for the manufactured home space is reasonable based on rents for comparable manufactured home spaces. The PHA must consider the location and size of the space, and any services and maintenance to be provided by the owner. By accepting the monthly HAP check, the owner certifies that the rent does not exceed rents charged by the owner for comparable unassisted spaces in the manufactured home park or els ewhere. 15-VI.D. HOUSING QUALITY STANDARDS Under either type of occupancy described in 15-VI.A above, the manufactured home must meet all HQS performance requirements and acceptability criteria discussed in Chapter 8 of this plan. In addition, the following requirement applies: Manufactured Home Tie -Down A manufactured home must be placed on the site in a stable manner, and must be free from hazards such as sliding or wind damage. The home must be securely anchored by a tie-down device that distributes and transfers the loads imposed by the unit to appropriate ground anchors to resist overturning and sliding. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -12 PART VII : HOMEOWNERSHIP [24 CFR 982.625 through 982.643] 15-VII.A. OVERVIEW [24 CFR 982.625] The homeownership option is used to assist a family residing in a home purchased and owned by one or more members of the family. A family assisted under this option may be newly admitted or an existing participant in the HCV program. The PHA must have the capacity to operate a successful HCV homeownership progr am as defined by the regulations. There are two forms of homeownership assistance a PHA may offer under this option: monthly homeownership assistance payments, or a single down payment assistance grant. PHAs may choose to offer either or both forms of homeownership assistance, or choose not to offer either. If a PHA offers both forms of assistance, a family must choose which form of assistance to receive. The PHA must offer either form of homeownership assistance if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. It is the sole responsibility of the PHA to determine whether it is reasonable to implement a homeownership program as a reasonable accommodation. The PHA must determine what is reasonable based on the specific circumstances and individual needs of the person with a disability. The PHA may determine that it is not reasonable to offer homeownership assistance as a reasonable accommodation in cases where the PHA has otherwise op ted not to implement a homeownership program. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. 15-VII.B. FAMILY ELIGIBILITY [24 CFR 982.627] Th e family must meet all of the requirements listed below before the commencement of homeownership assistance. The PHA may also establish additional initial requirements as long as they are described in the PHA a dministrative p lan. • The family must have been admitted to the Housing Choice Voucher program. • The family must qualify as a first -time homeowner, or may be a cooperative member. • The family must meet the Federal minimum income requirement. The family must have a gross annual income equal to the Federal minimum wage multiplied by 2000, based on the income of adult family members who will own the home. The PHA may establish a higher income standard for families. However, a family that meets the federal minimum income requirement (but not the PHA's requirem ent) will be considered to meet the minimum income requirement if it can demonstrate that it has been pre -qualified or pre-approved for financing that is sufficient to purchase an eligible unit. • For disabled families, the minimum income requirement is equa l to the current SSI monthly payment for an individual living alone, multiplied by 12. • For elderly or disabled families, welfare assistance payments for adult family members who will own the home will be included in determining whether the family meets the minimum income requirement. It will not be included for other families. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -13 • The family must satisfy the employment requirements by demonstrating that one or more adult members of the family who will own the home at commencement of homeownership assistance is currently employed on a full-time basis (the term 'full -time employment' means not less than an average of 30 hours per week); and has been continuously so employed during the year before commencement of homeowners hip assistance for the family. • The employm ent requirement does not apply to elderly and disabled families. In addition, if a family, other than an elderly or disabled family includes a person with disabilities, the PHA must grant an exemption from the employment requirement if the PHA determines that it is needed as a reasonable accommodation. • The family has not defaulted on a mortgage securing debt to purchase a home under the homeownership option • Except for cooperative members who have acquired cooperative membership shares prior to commencement of homeownership assistance, no family member has a present ownership interest in a residence at the commencement of homeownership assistance for the purchase of any home. • Except for cooperative members who have acquired cooperative membership shares prior to the commencement of homeownership assistance, the family has entered a contract of sale in accordance with 24 CFR 982.631(c). 15-VII.C. SELECTION OF FAMILIES [24 CFR 982.626] Unless otherwise provided (under the homeownership option), the PHA may limit homeownership assistance to families or purposes defined by the PHA, and may prescribe additional requirements for commencement of homeownership assistance for a family. Any such limits or additional requirements must be described in the PHA administrativ e plan. If the PHA limits the number of families that may participate in the homeownership option, the PHA must establish a system by which to select families to participate. 15-VII.D. ELIGIBLE UNITS [24 CFR 982.628] In order for a unit to be eligible, the PHA must determine that the unit satisfies all of the following requirements: • The unit must meet HUD’s “eligible housing” requirements. The unit may not be any of the following: - A public housing or Indian housing unit; - A unit receiving Section 8 project-b ased assistance; - A nursing home, board and care home, or facility providing continual psychiatric, medical or nursing services; - A college or other school dormitory; - On the grounds of penal, reformatory, medical, mental, or similar public or private institu tions. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -14 • The unit must be under construction or already exist at the time the family enters into the contract of sale. • The unit must be a one-unit property or a single dwelling unit in a cooperative or condominium. • The unit must have been inspected by the PHA and by an independent inspector designated by the family. • The unit must meet Housing Quality Standards (see Chapter 8). • For a unit where the family will not own fee title to the real property (such as a manufactured home), the home must have a permanent foundation and the family must have the right to occupy the site for at least 40 years. • For PHA -owned units all of the following conditions must be satisfied: - The PHA informs the family, both orally and in writing, that the family has the right to purchas e any eligible unit and a PHA -owned unit is freely selected by the family without PHA pressure or steering; - The unit is not ineligible housing; - The PHA obtains the services of an independent agency to inspect the unit for compliance with HQS, review the in dependent inspection report, review the contract of sale, determine the reasonableness of the sales price and any PHA provided financing . All of these actions must be completed in accordance with program requirements. The PHA must not approve the unit if the PHA has been informed that the seller is debarred, suspended, or subject to a limited denial of participation. 15-VII.E. ADDITIONAL PHA REQUIREMENTS FOR SEARCH AND PURCHASE [24 CFR 982.629] It is the family’s responsibility to find a home that meets the criteria for voucher homeownership assistance. The PHA may establish the maximum time that will be allowed for a family to locate and purchase a home, and may require the family to report on their progress in finding and purchasing a home. If the family i s unable to purchase a home within the maximum time established by the PHA, the PHA may issue the family a voucher to lease a unit or place the family’s name on the waiting list for a voucher. 15-VII.F. HOMEOWNERSHIP COUNSELING [24 CFR 982.630] Before commencement of homeownership assistance for a family, the family must attend and satisfactorily complete the pre -assistance homeownership and housing counseling program required by the PHA. HUD suggests the following topics for the PHA-required pre-assistance counseling: • Home maintenance (including care of the grounds); • Budgeting and money management; • Credit counseling; • How to negotiate the purchase price of a home; DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -15 • How to obtain homeownership financing and loan pre-approvals, including a description of types of financing that may be available, and the pros and cons of different types of financing; • How to find a home, including information about homeownership opportunities, schools, and transportation in the PHA jurisdiction; • Advantages of purchasing a home in an area that does not have a high concentration of low- income families and how to locate homes in such areas; • Information on fair housing, including fair housing lending and local fair housing enforcement agencies; and • Information about the Real Estate Set tlement Procedures Act (12 U.S.C. 2601 et seq.) (RESPA), state and Federal truth -in -lending laws, and how to identify and avoid loans with oppressive terms and conditions. The PHA may adapt the subjects covered in pre-assistance counseling (as listed) to local circumstances and the needs of individual families. The PHA may also offer additional counseling after commencement of homeownership assistance (ongoing counseling). If the PHA offers a program of ongoing counseling for participants in the homeownership option, the PHA shall have discretion to determine whether the family is required to participate in the ongoing counseling. If the PHA does not use a HUD-approved housing counseling agency to provide the counseling, the PHA should ensure that its counseling program is consistent with the counseling provided under HUD’s Housing Counseling program. 15-VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL OF SELLER [24 CFR 982.631] Home Inspections The PHA may not commence monthly homeownership assistance payments or provide down payment assistance grants for a family until the PHA has inspected the unit and has determined that the unit passes HQS. An independent professional inspector selected by and paid for by the family must also inspect the unit. The independent inspection must cover major building systems and components, including foundation and structure, housing interior and exterior, and the roofing, plumbing, electrical, and heating systems. The independent inspector must be qualified to report on property conditions, including major building systems and components. The PHA may not require the family to use an independent inspector selected by the PHA. The independent inspector may not be a PHA employee or contractor, or other person under control of the PHA. However, the PHA may establish standards for qualification of inspectors selected by families under the homeownership option. The PHA may disapprove a unit for assistance based on information in the independent inspector’s report, even if the unit was found to comply with HQS. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -16 Contract of Sale Before commencement of monthly homeownership assistance payments or receipt of a down payment assistance grant, a member or members of the family must enter into a contract of sale with the seller of the unit to be acquired by the family. The family must give the PHA a copy of the contract of sale. The contract of sale must: • Specify the price and other terms of sale by the seller to the purchaser; • Provide that the purchaser will arrange for a pre-purchase inspection of the dwelling unit by an independent inspector selected by the purchaser; • Provide that the purchaser is not obligated to purchase the unit unless the inspection is satisfactory to the purchaser; • Provide that the purchaser is not obliga ted to pay for any necessary repairs; and • Contain a certification from the seller that the seller has not been debarred, suspended, or subject to a limited denial of participation under CFR part 24. Disapproval of a Seller In its administrative discretion , the PHA may deny approval of a seller for the same reasons a PHA may disapprove an owner under the regular HCV program [see 24 CFR 982.306(c)]. 15-VII.H. FINANCING [24 CFR 982.632] The PHA may establish requirements for financing purchase of a home under the homeownership option. This may include requirements concerning qualification of lenders, terms of financing, restrictions concerning debt secured by the home, lender qualifications, loan terms, and affordability of the debt. The PHA must establish pol icies describing these requirements in the administrative plan. A PHA may not require that families acquire financing from one or more specified lenders, thereby restricting the family’s ability to secure favorable financing terms. 15-VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24 CFR 982.633] Homeownership assistance may only be paid while the family is residing in the home. If the family moves out of the home, the PHA may not continue homeownership assistance after the month when the family moves out. The family or lender is not required to refund to the PHA the homeownership assistance for the month when the family moves out. Before commencement of homeownership assistance, the family must execute a statement in which the family agrees t o comply with all family obligations under the homeownership option. The family must comply with the following obligations: • The family must comply with the terms of the mortgage securing debt incurred to purchase the home, or any refinancing of such debt. • The family may not convey or transfer ownership of the home, except for purposes of financing, refinancing, or pending settlement of the estate of a deceased family member. Use and occupancy of the home are subject to 24 CFR 982.551 (h) and (i). DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -17 • The family must supply information to the PHA or HUD as specified in 24 CFR 982.551(b). The family must further supply any information required by the PHA or HUD concerning mortgage financing or refinancing, sale or transfer of any interest in the home, or homeownership expenses. • The family must notify the PHA before moving out of the home. • The family must notify the PHA if the family defaults on the mortgage used to purchase the home. • No family member may have any ownership interest in any other residential property . • The family must comply with the obligations of a participant family described in 24 CFR 982.551, except for the following provisions which do not apply to assistance under the homeownership option: 24 CFR 982.551(c), (d), (e), (f), (g) and (j). 15-VII.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR 982.634] Except in the case of a family that qualifies as an elderly or disabled family, other family members (described below) shall not receive homeownership assistance for more than: • Fifteen years, if the in itial mortgage incurred to finance purchase of the home has a term of 20 years or longer; or • Ten years, in all other cases. The maximum term described above applies to any member of the family who: • Has an ownership interest in the unit during the time that homeownership payments are made; or • Is the spouse of any member of the household who has an ownership interest in the unit during the time homeownership payments are made. In the case of an elderly family, the exception only applies if the family qualifie s as an elderly family at the start of homeownership assistance. In the case of a disabled family, the exception applies if at any time during receipt of homeownership assistance the family qualifies as a disabled family. If, during the course of homeowner ship assistance, the family ceases to qualify as a disabled or elderly family, the maximum term becomes applicable from the date homeownership assistance commenced. However, such a family must be provided at least 6 months of homeownership assistance after the maximum term becomes applicable (provided the family is otherwise eligible to receive homeownership assistance). If the family has received such assistance for different homes, or from different PHAs, the total of such assistance terms is subject to the maximum term described in this part. 15-VII.K. HOMEOWNERSHIP ASSISTANCE PAYMENTS AND HOMEOWNERSHIP EXPENSES [24 CFR 982.635] The monthly homeownership assistance payment is the lower of: the voucher payment standard minus the total tenant payment, or the monthly homeownership expenses minus the total tenant payment. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -18 In determining the amount of the homeownership assistance payment, the PHA will use the same payment standard schedule, payment standard amounts, and subsidy standards as those described in elsewhere in this plan. The payment standard for a family is the greater of (i) The payment standard as determined at the commencement of homeownership assistance for occupancy of the home, or (ii) The payment standard at the most recent regular reexamin ation of family income and composition since the commencement of homeownership assistance for occupancy of the home. The PHA may pay the homeownership assistance payments directly to the family, or at the PHA’s discretion, to a lender on behalf of the fami ly. If the assistance payment exceeds the amount due to the lender, the PHA must pay the excess directly to the family. Homeownership assistance for a family terminates automatically 180 calendar days after the last homeownership assistance payment on behalf of the family. However, a PHA may grant relief from this requirement in those cases where automatic termination would result in extreme hardship for the family. The PHA must adopt policies for determining the amount of homeownership expenses to be allow ed by the PHA in accordance with HUD requirements . Homeownership expenses (not including cooperatives) only include amounts allowed by the PHA to cover: • Principal and interest on initial mortgage debt, any refinancing of such debt, and any mortgage insurance premium incurred to finance purchase of the home; • Real estate taxes and public assessments on the home; • Home insurance; • The PHA allowance for maintenance expenses; • The PHA allowance for costs of major repairs and replacements; • The PHA utility allowance for the home; • Principal and interest on mortgage debt incurred to finance costs for major repairs, replacements or improvements for the home. If a member of the family is a person with disabilities, such debt may include debt incurred by the family to fin ance costs needed to make the home accessible for such person, if the PHA determines that allowance of such costs as homeownership expenses is needed as a reasonable accommodation so that the homeownership option is readily accessible to and usable by such person; • Land lease payments where a family does not own fee title to the real property on which the home is located; [see 24 CFR 982.628(b)]. • For a condominium unit, condominium operating charges or maintenance fees assessed by the condominium homeowner a ssociation. Homeownership expenses for a cooperative member may only include amounts allowed by the PHA to cover: • The cooperative charge under the cooperative occupancy agreement including payment for real estate taxes and public assessments on the home; DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -19 • Principal and interest on initial debt incurred to finance purchase of cooperative membership shares and any refinancing of such debt; • Home insurance; • The PHA allowance for maintenance expenses; • The PHA allowance for costs of major repairs and replacements; • The PHA utility allowance for the home; and • Principal and interest on debt incurred to finance major repairs, replacements or improvements for the home. If a member of the family is a person with disabilities, such debt may include debt incurred by the fa mily to finance costs needed to make the home accessible for such person, if the PHA determines that allowance of such costs as homeownership expenses is needed as a reasonable accommodation so that the homeownership option is readily accessible to and usa ble by such person. • Cooperative operating charges or maintenance fees assessed by the cooperative homeowner association. 15-VII.L. PORTABILITY [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] Subject to the restrictions on portability includ ed in HUD regulations and PHA policies, a family may exercise portability if the receiving PHA is administering a voucher homeownership program and accepting new homeownership families. The receiving PHA may absorb the family into its voucher program, or b ill the initial PHA. The family must attend the briefing and counseling sessions required by the receiving PHA. The receiving PHA will determine whether the financing for, and the physical condition of the unit, is acceptable. The receiving PHA must promp tly notify the initial PHA if the family has purchased an eligible unit under the program, or if the family is unable to purchase a home within the maximum time established by the PHA. 15-VII.M. MOVING WITH CONTINUED ASSISTANCE [24 CFR 982.637] A family re ceiving homeownership assistance may move with continued tenant-based assistance. The family may move with voucher rental assistance or with voucher homeownership assistance. Continued tenant-based assistance for a new unit cannot begin so long as any fami ly member holds title to the prior home. The PHA may deny permission to move to a new unit with continued voucher assistance: • If the PHA has insufficient funding to provide continued assistance. • In accordance with 24 CFR 982.638, regarding denial or termi nation of assistance. • In accordance with the PHA’s policy regarding number of moves within a 12-month period. The PHA must deny the family permission to move to a new unit with continued voucher rental assistance if: • The family defaulted on an FHA-insured mortgage; and DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -20 • The family fails to demonstrate that the family has conveyed, or will convey, title to the home, as required by HUD, to HUD or HUD's designee; and the family has moved, or will move, from the home within the period established or approved by HUD. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 15 -21 15-VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR 982.638] At any time, the PHA may deny or terminate homeownership assistance in accordance with HCV program requirements in 24 CFR 982.552 (Grounds for denial or termination of assistance) or 24 CFR 982.553 (Crime by family members). The PHA may also deny or terminate assistance for violation of participant obligations described in 24 CFR Parts 982.551 or 982.633 and in accordance with its own policy. The PHA must terminate voucher homeownership a ssistance for any member of family receiving homeownership assistance that is dispossessed from the home pursuant to a judgment or order of foreclosure on any mortgage (whether FHA insured or non-FHA) securing debt incurred to purchase the home, o r any ref inancing of such debt. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -1 Chapter 16 PROGRAM ADMINISTRATION INTRODUCTION This c hapter discusses administrative policies and practices that are relevant to the activities covered in this plan. The policies are discussed in seven parts as described below: Part I: Administrative Fee Reserve . This part describes the PHA’s policies with regard to oversight of expenditures from its administrative fee reserve. Part II: Setting Program Standards and Schedules. This p art describes what payment standards are, and how they are updated, as wel l as how utility allowanc es are established and revised. Part III: Informal Reviews and Hearings . This part outlines the requirements and procedures for informal reviews and hearings, and for informal hearing s regarding citizenship status. Part IV: Owner o r Family Debts to the PHA . This p art describes policies for recovery of monies that the PHA has overpaid on behalf of families, or to owners, and describes the circumstances under which the PHA will offer repayment agreements to owners and families. Also d iscussed are the consequences for failure to make payments in accordance with a repayment agreement. Part V: Section 8 Management Assessment Program (SEMAP). This p art describes what the SEMAP scores represent, how they are established, and how those sc ore s affect a PHA. Part VI: Record -Keeping . All aspects of the program involve certain types of record- keeping. This part outlines the privacy rights of applicants and participants and record retention policies the PHA will follow. Part VII: Reporting and Rec ord Keeping for Children with Environmental Intervention Blood Lead Level . This part describes the PHA’s responsibilities for reporting, data collection, and record keeping relative to children with environmental intervention blood lead levels that are less than six years of age, and are receiving HCV assistance. Part VIII: Determination of Insufficient Funding . This part describes the PHA’s policies for determining if there is sufficient funding to issue vouchers, to approve moves to higher cost units or a reas, and to continue assistance for all participant families. Part IX: Violence A gainst Women Act (VAWA): Notification, Documentation, Confidentiality . This part contains key terms used in VAWA and describes requirements related to notifying families and owners about their rights and responsibilities under VAWA; requesting documentation from victims of domestic violence, dating violence, sexual assault, and stalking; and maintaining the confidentiality of information obtained from victims. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -2 PART I: ADMINIS TRATIVE FEE RESERVE [24 CFR 982.155] The PHA will maintain administrative fee reserves, or unrestricted net position assets (UN PA ) for the program to pay program administrative expenses in excess of administrative fees paid by HUD for a PHA fiscal year. HUD appropriations acts beginning with FFY 2004 have specified that administrative fee funding may be used only for activities related to the provision of HCV assistance, including related development activities. Notice PIH 2012-9 cites two examples of relate d development activities: unit modification for accessibility purposes and development of project -based voucher units. The notice makes clear that other activities may also qualify as related development activities. Administrative fees that remain in the U N PA account from funding provided prior to 2004 may be used for “other housing purposes permitted by state and local law,” in accordance with 24 CFR 982.155(b)(1). If a P HA has not adequa te ly administered it s HCV p rogra m, HU D m ay pro h ib it use of fun ds in the UN PA Account and may dir ec t the P HA to use funds in that account t o improve administration of the p r ogr am, fo r H CV H AP expenses, or to reimburse ineli g ib le expense s in accordance with the re g ula tion at 24 CFR 982.155(b)(3 ). HUD requires the PHA Board o f Commissioners or other authorized officials to establish the maximum amount that may be charged against the UN PA account without specific approval. PHA Policy Expenditures from the UN PA account will be made in accordance with all applicable federal requirements. Expenditures will not exceed $50,000 per occurrence without the prior approval of the PHA’s Board of Commissioners. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES 16-II.A. OVERVIEW Although many of the program’s requirements are established cen trally by HUD, the HCV program’s regulations recognize that some flexibility is required to allow the PHA to adapt the program to local conditions. This p art discusses how the PHA establishes and updates certain schedules and standards that are used to adm inister the program locally. Details about how these schedules are applied to individual families are provided in other chapters. The schedules and standards discussed here include: • Payment Standards , which dictate the maximum subsidy a family can receive (application of the payment standards is discussed in Chapter 6); and • Utility Allowances , which specify how a family’s payment should be adjusted to account for tenant -paid utilities (application of utility allowances is discussed in Chapter 6). PHA Policy Copies of the payment standard and utility allowance schedules are available for review in the PHA’s offices during normal business hours. The PHA will maintain documentation to support its annual review of payment standards and utility allowance schedul es. This documentation will be retained for at least 3 years electronically . Establishing and updating the PHA passbook rate, which is used to calculate imputed income from assets, is covered in Chapter 6 (see Section 6 -I.G.). 16-II.B. PAYMENT STANDARDS [2 4 CFR 982.503; HCV GB, Chapter 7] The payment standard sets the maximum subsidy payment a family can receive from the PHA each month [24 CFR 982.505(a)]. Payment standards are based on fair market rents (FMRs) published annually by HUD. FMRs are set at a percentile within the rent distribution of standard quality rental housing units in each FMR area. For most jurisdictions FMRs are set at the 40th percentile of rents in the market area. The PHA must establish a payment standard schedule that establishes payment standard amounts for each FMR area within the PHA’s jurisdiction, and for each unit size within each of the FMR areas. For each unit size, the PHA may establish a single payment standard amount for the whole FMR area, or may set different payment st andards for different parts of the FMR area. Unless HUD grants an exception, the PHA is required to establish a payment standard within a “basic range” established by HUD – between 90 and 110 percent of the published FMR for each unit size. PHA Policy Paym ent Standards for Deed Restricted affordable apartments in Santa Monica Deed Restricted affordable apartments are created either through a City Housing Trust Fund loan or grant to purchase and renovate or to develop for newly constructed affordable housing. Apartments are income and rent restricted for a period of 55-years. Frequently these apartments are created by non -profit organizations using other funding DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -4 sources from state, federal, or other sources. Alternatively, deed restricted apartments are also created through development agreements where a developer has offered a community benefit (housing, parks, etc.,) in exchange for a development benefit. A covenant is recorded on the property title that the developer agrees to provide a portion of the apar tments as deed restricted and affordable for 55 -years. The restriction limits income targets and rent amounts. Each deed restriction may vary slightly and as standards have changed so have the restrictions. Effective upon the recertification of each tenant which occurs after the adoption of the Administrative Plan the following policy applies: a. All 0, 1, 2, and 3-bedroom apartments which target 30, 50, and 60 percent of Area Median Income (AMI) will be standardized based on the 2016 Los Angeles/Glendale Fa ir Market Rent as established by HUD by bedroom size. b. All 0, 1, 2, and 3-bedroom apartments which target 80 percent of AMI and above will be standardized at the current Exception Payment Standard by bedroom size. Updating Payment Standards When HUD upda tes its FMRs, the PHA must update its payment standards if the standards are no longer within the basic range [24 CFR 982.503(b)]. HUD may require the PHA to make further adjustments if it determines that rent burdens for assisted families in the PHA’s jurisdiction are unacceptably high 24 CFR 982.503(g)]. PHA Policy The PHA will review the appropriateness of the payment standards on an annual basis when the new FMR is published , and at other times as determined necessary . T he PHA will consider the followin g factors when determining whether an adjustment should be made to the payment standard schedule, including in determining whether to request an exception payment standard from HUD: Funding Availability : The PHA will review the budget to determine the impa ct projected subsidy adjustments will have on funding available for the program and the number of families served. The PHA will compare the number of families who could be served under revised payment standard amounts with the number assisted under current payment standard amounts. Rent Burden of Participating Families: Rent burden will be determined by identifying the percentage of families, for each unit size, that are paying more than 30 percent of their monthly adjusted income as the family share. When 40 percent or more of families, for any given unit size, are paying more than 30 percent of adjusted monthly income as the family share, the PHA will consider increasing the payment standard. In evaluating rent burdens, the PHA will not include families renting a larger unit than their family unit size. Quality of Units Selected : The PHA will review the quality of units selected by participant families when making the determination of the percent of income DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -5 families are paying for housing, to ensure that pay ment standard increases are only made when needed to reach the mid-range of the market. Changes in Rent to Owner : The PHA may review a sample of the units to determine how often owners are increasing or decreasing rents and the average percent of increases/decreases by bedroom size. Unit Availability : The PHA will review the availability of units for each unit size, particularly in areas with low concentrations of poor and minority families. Lease -up Time and Success Rate : The PHA will consider the percenta ge of families that are unable to locate suitable housing before the voucher expires and whether families are leaving the jurisdiction to find affordable housing . Changes to payment standard s w ill be applied for all initial leases and moves on the first of the month following board approval. For all other participants at the annual re examination processed on or after the first day of the month following approval by the Board of Commissioners. If the PHA has already processed reexaminations that will be effective on or after the effective date of the payment standards the PHA will not make retroactive adjustments to any such reexaminations . Exception Payment Standards [982.503(c)] The PHA must request HUD approval to establish payment standards that are hi gher than the basic range. At HUD’s sole discretion, HUD may approve a payment standard amount that is higher than the basic range for a designated part of the FMR area. HUD may approve an exception payment standard amount (in accordance with program requirements) for all units, or for all units of a given size, leased by program families in the exception area. Any PHA with jurisdiction in the exception area may use the HUD-approved exception payment standard amount. The total population of all HUD-approved exception areas in an FMR area may not include more than 50 percent of the population of the FMR area. Unit -by -Unit Exceptions [24 CFR 982.503 (c)(2)(ii)](b), 24 CFR 982.505(d), Notice PIH 2010-26] Unit -by -unit exceptions to the PHA’s payment standards generally are not permitted. However, an exception may be made as a reasonable accommodation for a family that includes a person with disabilities. (See Chapter 2 for a discussion of reasonable accommodations.) This type of exception does not affect the PHA’s payment standard schedule. When needed as a reasonable accommodation, the PHA may make an exception to the payment standard without HUD approval if the exception amount does not exceed 110120 percent of the applicable FMR for the unit size [HCV GB 7 -924 CRF 982.503(b)]. The PHA may request HUD approval for an exception to the payment standard for a particular family if the required amount falls between 110 and exceeds 120 percent of the FMR. PHA Policy A family that requires a reasonable accommodation may request a higher payment standard at the time the Request for Tenancy Approval (RFTA) is submitted. If the adjusted gross rent is above 120 percent of the FMR, the request must be submitted to DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -6 Headquarters for approval. The regulatory waiver process in Public and Indian Housing requires PHAs to first send their request to the local field office; the field office then forwards the waiver request to the appropriate program office at HUD headquarters along with a field office recommendation (See PIH Notice 20 09-41). The family must document the need for the exception. In order to approve an exception, or request an exception from HUD, the PHA must determine that: There is a shortage of affordable units that would be appropriate for the family; The family's TTP would otherwise exceed 40 percent of adjusted monthly income; and The rent for the unit is reasonable. The unit has the feature/s required to meet the needs of the person with disabilities as noted in the statement from the health care provider where such a statement is necessary. "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)] If a substantial percentage of families have difficulty finding a suitable unit, the PHA may request a “success rate payment standard” that applies to the entire jurisdi ction. If approved by HUD, a success rate payment standard allows the PHA to set its payment standards at 90-110 percent of a higher FMR (the 50 th , rather than the 40 th percentile FMR). To support the request, the PHA must demonstrate that during the most recent 6 -month period for which information is available: • Fewer than 75 percent of families who were issued vouchers became participants; • The PHA had established payment standards for all unit sizes, and for the entire jurisdiction, at 110 percent of the published FMR; and • The PHA had a policy of allowing voucher holders who made sustained efforts to locate units at least 90 days to search for a unit. Although HUD approves the success rate payment standard for all unit sizes in the FMR area, the PHA may ch oose to adjust the payment standard for only some unit sizes in all, or a designated part, of the PHA’s jurisdiction within the FMR area. Decreases in the Payment Standard below the Basic Range [24 CFR 982.503(d)] The PHA must request HUD approval to establish a payment standard amount that is lower than the basic range. At HUD’s sole discretion, HUD may approve establishment of a payment standard lower than the basic range. HUD will not approve a lower payment standard if the family share for more than 40 percent of program participants exceeds 30 percent of adjusted monthly income. 16-II.C. UTILITY ALLOWANCES [24 CFR 982.517] A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. The PHA must maintain a utility allowance schedule for (1) all tenant-paid utilities, (2) the cost of tenant-supplied refrigerators and ranges, and (3) other tenant-paid housing services such as trash collection. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -7 The utility allowance schedule must be determined based on the typical cos t of utilities and services paid by energy -conservative households that occupy housing of similar size and type in the same locality. In developing the schedule, the PHA must use normal patterns of consumption for the community as a whole, and current util ity rates. The utility allowance must include the utilities and services that are necessary in the locality to provide housing that complies with housing quality standards. Costs for telephone, cable/satellite television, and Internet services are not incl uded in the utility allowance schedule. In the utility allowance schedule, the PHA must classify utilities and other housing services according to the following general categories: space heating; air conditioning; cooking; water heating ; water; sewer; tra sh collection; other electric; cost of tenant -supplied refrigerator; cost of tenant -supplied range; and other specified housing services. The cost of each utility and housing service must be stated separately by unit size and type. Chapter 1 8 of the HCV Gu idebook provides detailed guidance to the PHA about establishing utility allowance schedules. Air Conditioning An allowance for air -conditioning must be provided when the majority of housing units in the market have central air -conditioning or are wired fo r tenant -installed air conditioners. PHA Policy The PHA has not included an allowance for air-conditioning in its schedule. Reasonable Accommodation HCV program regulations require a PHA to approve a utility allowance amount higher than shown on the PHA’s schedule if a higher allowance is needed as a reasonable accommodation for a family member with a disability. For example, if a family member with a disability requires such an accommodation, the PHA will approve an allowance for air-conditioning, even i f the PHA has determined that an allowance for air -conditioning generally is not needed (See Chapter 2 for policies regarding the request and approval of reasonable accommodations). Utility Allowance Revisions The PHA must review its schedule of utility a llowances each year, and must revise the schedule if there has been a change of 10 percent or more in any utility rate since the last time the allowance for that utility was revised. The PHA must maintain information supporting its annual review of utility allowance and any revisions made in its utility allowance schedule. PHA Policy The utility allowances are updated each year by Housing Authority staff, and are consistent with HUD requirements for annual reviews and updated utility allowances. Revised utility allowance schedules are not subject to approval or adoption by the HA’s Board of Commissioners if the utility allowance study is conducted in accordance with 24 CFR Part 965.476, subpart E. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -8 The annual utility allowance study is prepared in accordance with 24 CFR Part 965.476, subpart E of the federal register rules and regulations which states that allowances should be “based upon the reasonable consumption of utilities by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.” The establishment of these utility allowances is based on accepted engineering calculation methods which recognize the design characteristics of each unit type, and load and use of appliances. HUD Handbook 7420.8, Form 52667 and Instructions are utilized in the preparation of new utility allowance schedules for the HCV program. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -9 PART III: INFORMAL REVIEWS AND HEARINGS 16-III.A. OVERVIEW Both applicants and participants have the right to disagree with, and appeal, certain decisions of the PHA that may adversely affect them. PHA decisions that may be appealed by applicants and participants are discussed in this section. The process for applicant appeals of PHA decisions is called the “informa l review.” For participants (or applicants denied admission because of citizenship issues), the appeal process is called an “informal hearing.” PHAs are required to include informal review procedures for applicants and informal hearing procedures for participants in their administrative plans [24 CFR 982.54(d)(12) and (13)]. 16-III.B. INFORMAL REVIEWS Informal reviews are provided for program applicants. An applicant is someone who has applied for admission to the program, but is not yet a participant in t he program. Informal reviews are intended to provide a “minimum hearing requirement” [24 CFR 982.554], and need not be as elaborate as the informal hearing requirements (Federal Register 60, no. 127 (3 July 1995): 34690]. Decisions Subject to Informal Review The PHA must give an applicant the opportunity for an informal review of a decision denying assistance [24 CFR 982.554(a)]. Denial of assistance may include any or all of the following [24 CFR 982.552(a)(2)]: • Denying listing on the PHA waiting list • Den ying or withdrawing a voucher • Refusing to enter into a contract or approve a lease • Refusing to process or provide assistance under portability procedures Informal reviews are not required for the following reasons [24 CFR 982.554(c)]: • Discretionary admini strative determinations by the PHA • General policy issues or class grievances • A determination of the family unit size under the PHA subsidy standards • A PHA determination not to approve an extension or suspension of a voucher term • A PHA determination not to grant approval of the tenancy • A PHA determination that the unit is not in compliance with the HQS • A PHA determination that the unit is not in accordance with the HQS due to family size or composition DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -10 PHA Policy The PHA will only offer an informal review to applicants for whom assistance is being denied. Denial of assistance includes: denying or withdrawing a voucher; refusing to enter into a contract or approve a lease; refusing to process or provide assistance under portability procedures. Informal review s will not be offered to individuals whose names are removed from the waitlist, in accordance with the policies in Chapter 4 – Updating the Waitlist. Notice to the Applicant [24 CFR 982.554(a)] The PHA must give an applicant prompt notice of a decision den ying assistance. The notice must contain a brief statement of the reasons for the PHA decision, and must also state that the applicant may request an informal review of the decision. The notice must describe how to obtain the informal review. 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. Scheduling an Informal Review PHA Policy A request for an informal review must be made i n writing and delivered to the PHA either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of the PHA’s denial of assistance. The PHA must schedule and send written notice of the informal rev iew within 15 business days of the family’s request. Informal Review Procedures [24 CFR 982.554(b)] The informal review must be conducted by a person other than the one who made or approved the decision under review, or a subordinate of this person. The ap plicant must be provided an opportunity to present written or oral objections to the decision of the PHA. Free language assistance will be provided for LEP applicants, in accordance with SMHA’s LEP Plan. Informal Review Decision [24 CFR 982.554(b)] The PH A must notify the applicant of the PHA’s final decision, including a brief statement of the reasons for the final decision. PHA Policy In rendering a decision, the PHA will evaluate the following matters: Whether or not the grounds for denial were stated f actually in the notice to the family . The validity of the grounds for denial of assistance- If the grounds for denial are not specified in the regulations, then the decision to deny assistance will be overturned. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -11 The validity of the evidence-The PHA will evaluate whether the facts presented prove the grounds for denial of assistance. If the facts prove that there are grounds for denial, and the denial is required by HUD, the PHA will uphold the decision to deny assistance. If the facts prove the grounds for denial, and the denial is discretionary, the PHA will consider the recommendation of the person conducting the informal review in making the final decision whether to deny assistance. The PHA will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 15 business days of the informal review, to the applicant and his or her representative, if any, along with proof of mailing. If the decision to deny is overturned as a result of the informal review , processing for admission will resume. If the family fails to appear for their informal review , the denial of admission will stand and the family will be so notified. 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] PHAs must offer an informal hearing for certain PHA determinations relating to the individual circumstances of a participant family. A participant is defined as a family that has been admitted to the PHA’s program and is currently assisted in the program. The purpose of the informal hearing is to consider whether the PHA’s decisions related to the family’s circumstances are in accordance with the law, HUD regulations and PHA policies. The PHA is not permitted to terminate a family’s assistance until the time allowed for the family to request an informal hearing has elapsed, and any requested hearing has been completed. Termination of assistance for a participant may include any or all of the following: • Refusing to enter into a contract or approve a lease • Terminating housing assistance payments under an outstanding contract • Refusing to process or provide assistance under portability procedures Decisions Subject to Informal Hearing Circumstances for which the PHA must give a participant family an opportunity for an informal hearing are as follows: • A determination of the family’s annual or adjusted income, and the use of such income to compute the housing assistance payment • A determination of the appropriate utility allowance (if any) for tenant-paid utilities from the PHA utility allowance schedule • A determination of the family unit size under the PHA’s subsidy standards • A determination to terminate assistance for a participant family because of the family’s actions or failure to act DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -12 • A determination to termina te assistance because the participant has been absent from the assisted unit for longer than the maximum period permitted under PHA policy and HUD rules • A determination to terminate a family’s Family Self Sufficiency contract, withhold supportive services, or propose forfeiture of the family’s escrow account [24 CFR 984.303(i)] Circumstances for which an informal hearing is not required are as follows: • Discretionary administrative determinations by the PHA • General policy issues or class grievances • Establishment of the PHA schedule of utility allowances for families in the program • A PHA determination not to approve an extension or suspension of a voucher term • A PHA determination not to approve a unit or tenancy • A PHA determination that a unit selected by the applicant is not in compliance with the HQS • A PHA determination that the unit is not in accordance with HQS because of family size • A determination by the PHA to exercise or not to exercise any right or remedy against an owner under a contract PHA Policy The PHA will only offer participants the opportunity for an informal hearing when required to by the regulations. Informal Hearing Procedures Notice to the Family [24 CFR 982.555(c)] When the PHA makes a decision that is subject to informal hearing procedures, the PHA must inform the family of its right to an informal hearing at the same time that it informs the family of the decision. For decisions related to the family’s annual or adjusted income, the determination of the appropriate utility allowance, and the determination of the family unit size, the PHA must notify the family that they may ask for an explanation of the basis of the determination, and that if they do not agree with the decision, they may request an informal hearing on the decision. For de cisions related to the termination of the family’s assistance, or the denial of a family’s request for an exception to the PHA’s subsidy standards, the notice must contain a brief statement of the reasons for the decision, a statement that if the family do es not agree with the decision, the family may request an informal hearing on the decision, and a statement of the deadline for the family to reque st an informal hearing. 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 Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -13 In cases where the PHA makes a decision for which an informal hearing must be offered, the notice to the family will include all of the following: Th e proposed action or decision of the PHA. A brief statement of the reasons for the decision , including the regulatory reference. A copy of all the relevant documents utilized to render the determination. The date the proposed action will take place. A stat ement of the family’s right to an explanation of the basis for the PHA’s decision. A deadline for the family to request the informal hearing. To whom the hearing request should be addressed. A copy of the PHA’s hearing procedures. A statement of the fami ly’s right to request a Reasonable Accommodation for a person with a disability. A re ferral to the Santa Monica Office of the Lega l Aid Foundation of Los Angeles. A statement that i f the family does not avail itself of the opportunity for an informal heari ng at the PHA, it may not appeal a termination decision. 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) Scheduling an Info rmal Hearing [24 CFR 982.555(d)] When an informal hearing is required, the PHA must proceed with the hearing in a reasonably expeditious manner upon the request of the family. PHA Policy A request for an informal hearing must be made in writing and delivered to the PHA either in person or by first class mail, by the close of the business day, no later than 10 business days from the date of the PHA’s decision or notice to terminate assistance. The PHA must schedule and send written notice of the informal h earing to the family within 15 business days of the family’s request. The hearing is scheduled prior to the date of the final termination (unless there is no landlord involved). If the hearing cannot be scheduled prior to the effective date of the terminat ion, and the participant still lives in the unit, the Housing Assistance Payment will be extended by 1 month to allow for the hearing process to be completed. The family may request to reschedule a hearing for good cause, or if it is needed as a reasonabl e accommodation for a person with disabilities. Good cause is defined as an DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -14 unavoidable conflict which seriously affects the health, safety or welfare of the family. Requests to reschedule a hearing must be made orally or in writing prior to the hearing date. At its discretion, the PHA may request documentation of the “good cause” prior to rescheduling the hearing. If the family does not appear at the initial scheduled time, and was unable to reschedule the hearing in advance due to the nature of the confli ct, the family must contact the PHA within 24 hours of the scheduled hearing date, excluding weekends and holidays. The PHA will reschedule the hearing only if the family can show good cause for the failure to appear, or if it is needed as a reasonable acc ommodation for a person with disabilities. PHA will not grant more than one re-scheduled appointment. Pre -Hearing Right to Discovery [24 CFR 982.555(e)] Participants and the PHA are permitted pre -hearing discovery rights. The family must be given the opp ortunity to examine before the hearing any PHA documents that are directly relevant to the hearing. The family must be allowed to copy any such documents at their own expense. If the PHA does not make the document available for examination on request of th e family, the PHA may not rely on the document at the hearing. The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at the PHA offices before the hearing, any family documents that are directly relevant to the hearin g. The PHA must be allowed to copy any such document at the PHA’s expense. If the family does not make the document available for examination on request of the PHA, the family may not rely on the document at the hearing. For the purpose of informal hearings, documents include records and regulations. PHA Policy The family will be allowed to copy any documents related to the hearing at a cost of $.20 per page. The family must request discovery of PHA documents no later than five business days prior to the scheduled hearing date The PHA must be given an opportunity to examine at the PHA offices before the hearing any family documents that are directly relevant to the hearing. Whenever a participant requests an informal hearing, the PHA will automatically mail a letter to the participant requesting a copy of all documents that the participant intends to present or utilize at the hearing. The participant must make the documents available no later than five business days prior to the scheduled hearing date Partici pant’s Right to Bring Counsel [24 CFR 982.555(e)(3)] At its own expense, the family may be represented by a lawyer or other representative at the informal hearing. If the family will be represented by legal counsel it must notify the PHA at least 5 business days prior to the hearing, and must provide the name, address and telephone number of their designated legal counsel. Informal Hearing Officer [24 CFR 982.555(e)(4)] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -15 Informal hearings will be conducted by a person or persons approved by the PHA, other th an the person who made or approved the decision or a subordinate of the person who made or approved the decision. PHA Policy The PHA has designated the following to serve as hearing officer (s): PHA -designated hearing officer Attendance at the Informal He aring PHA Policy Hearings may be attended by a hearing officer and the following applicable persons: A PHA representative (s) and any witnesses for the PHA The participant and any witnesses for the participant The participant’s counsel or other representa tive The family is entitled to arrange for an interpreter to attend the hearing, at the expense of the family, or the PHA, if requested by the family . Any other person approved by the PHA as a reasonable accommodation for a person with a disability Conduct at Hearings The person who conducts the hearing may regulate the conduct of the hearing in accordance with the PHA’s hearing procedures [24 CFR 982.555(4)(ii)]. PHA Policy The hearing officer is responsible to manage the order of business and to ensure t hat hearings are conducted in a professional and businesslike manner. Attendees are expected to comply with all hearing procedures established by the hearing officer and guidelines for conduct. Any person demonstrating disruptive, abusive or otherwise inappropriate behavior will be excused from the hearing at the discretion of the hearing officer. Recording of the Hearing The family is entitled to have the hearing recorded . The PHA may, but is not required, to provide a transcript of the hearing. PHA Policy The PHA will have the hearing recorded but will not provide a transcript of the hearing. The family shall be responsible for any fee associated with obtaining the recording. Evidence [24 CFR 982.555(e)(5)] The PHA and the family must be given the opportunity to present evidence and question any witnesses. In general, all evidence is admissible at an informal hearing. Evidence may be DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -16 considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. PHA Policy Any evidence to be considered by the hearing officer must be presented at the time of the hearing. There are four categories of evidence. Oral evidence : the testimony of witnesses Documentary evidence : a writing which is relevant to the case, for example, a letter written to the PHA. Writings include all forms of recorded communication or representation, including letters, words, pictures, sounds, videotapes or symbols or combinations thereof. Demonstrative evidence : Evidence created specifically for the hearin g and presented as an illustrative aid to assist the hearing officer, such as a model, a chart or other diagram. Real evidence : A tangible item relating directly to the case. Hearsay Evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter. Even though evidence, including hearsay, is generally admissible, hearsay evidence alone cannot be used as the sole basis for the hearing officer’s decision. If either the PHA or the family fail to comply with the discovery requirements described above, the hearing officer will refuse to admit such evidence. Other than the failure of a party to comply with discovery, the hearing officer has the authority to overrule any objections to evidence. Hearing Officer’s Decision [24 CFR 982.555(e)(6)] The person who conducts the hearing must issue a written decision, stating briefly the reasons for the decision. Factual determinations relating to the individual circumstances of the family must be based on a preponderance of evidence presented at the hearing. A copy of the hearing must be furnished promptly to the family. PHA Policy In rendering a decision, the hearing officer will consider the following matters: PHA Notice to the F amily : The hearing officer will determine if the reasons for the PHA’s decision are factually stated in the Notice. Discovery: The hearing officer will determine if the PHA and the family were given the opportunity to examine any relevant documents in accordance with PHA policy. PHA Evidence to Support the PHA Decision : The evidence consists of the facts presented. Evidence is not conclusion and it is not argument. The hearing officer will evaluate the facts to determine if they support the PHA’s conclusion. Validity of Grounds for Termination of Assistance (when applicable): The hearing officer will determine if the termination of assistance is for one of the DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -17 grounds specified in the HUD regulations and PHA policies. If the grounds for termination are not s pecified in the regulations or in compliance with PHA policies, then the decision of the PHA will be overturned. The hearing officer will issue a written decision to the family and the PHA no later than 15 business days after the hearing. The report will contain the following information: Hearing information: Name of the participant; Date, time and place of the hearing; Name of the hearing officer; Name of the PHA representative; and Name of family representative (if any). Background : A brief, impartial s tatement of the reason for the hearing. Summary of the Evidence : The hearing officer will summarize the testimony of each witness and identify any documents that a witness produced in support of his/her testimony and that are admitted into evidence. Findi ngs of Fact: The hearing officer will include all findings of fact, based on a preponderance of the evidence. Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. Conclusions: The hearing officer will render a conclusion derived from the facts that were found to be true by a preponderance of the evidence. The conclusion will result in a determination of whether these facts uphold the PHA’s decision. Order: The hearing report will include a statement of whether the PHA’s decision is upheld or overturned. If it is overturned, the hearing officer will instruct the PHA to change the decision in accordance with the hearing officer’s determination. In the case of termination of assistance, the hearing officer will instruct the PHA to restore the participant’s program status. Procedures f or Further Hearing PHA Policy The hearing officer may ask the family for additional information and/or might adjourn the hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the hearing officer, the action of the PHA will take effect and another hearing will not be granted. PHA Notice of Final Decision [24 CFR 982.555(f)] DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -18 The PHA is not bound by the decision of the hearing officer for matters in which the PHA is not required to provide an opportunity for a hearing, decisions that exceed the authority of the hearing officer, decisions that conflict with or contradict HUD regulations, requirements, or are otherwise contrary to f ederal , s tate or local laws. If the PHA determines it is not bound by the hearing officer’s decision in accordance with HUD regulations, the PHA must promptly notify the family of the determination and the reason for the determination. The Housing Manager may determine the final decision if the hearing officer’s decision conflicts with regulations or if the hearing is not required. PHA Policy The PHA will mail a “Notice of Final Decision” including the hearing offi cer’s report, to the participant and their representative. This notice will be sent by first -class mail, postage pre -paid with an affidavit of mailing enclosed. The participant will be mailed the original “Notice of Final Decision” and a copy of the proof of mailing. A copy of the “Notice of Final Decision” along with the original proof of mailing will be maintained in the PHA’s electronic file. 16-III.D. HEARING AND APPEAL PROVISIONS FOR NON -CITIZENS [24 CFR 5.514] Denial or termination of assistance based on immigration status is subject to special hearing and notice rules. Applicants who are denied assistance due to immigration status are entitled to an informal hearing, not an informal review. Assistance to a family may not be delayed, denied, or termina ted on the basis of immigration status at any time prior to a decision under the United States Citizenship and Immigration Services (USCIS) appeal process. Assistance to a family may not be terminated or denied while the PHA hearing is pending, but assistance to an applicant may be delayed pending the completion of the informal hearing. A decision against a family member, issued in accordance with the USCIS appeal process or the PHA informal hearing process, does not preclude the family from exercising the right, that may otherwise be available, to seek redress directly through judicial procedures. Notice of Denial or Termination of Assistance [24 CFR 5.514(d)] The notice of denial or termination of assistance for noncitizens must advise the family: • That fin ancial assistance will be denied or terminated, and provide a brief explanation of the reasons for the proposed denial or termination of assistance. • The family may be eligible for proration of assistance. • In the case of a participant, the criteria and proc edures for obtaining relief und er the provisions for preservation of families [24 CFR 5.514 and 5.518]. • That the family has a right to request an appeal to the USCIS of the results of secondary verification of immigration status and to submit additional do cumentation or explanation in support of the appeal. • That the family has a right to request an informal hearing with the PHA either upon completion of the USCIS appeal or in lieu of the USCIS appeal. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -19 • For applicants, assistance may not be delayed until the conclusion of the USCIS appeal process, but assistance may be delayed during the period of the informal hearing process. USCIS Appeal Process [24 CFR 5.514(e)] When the PHA receives notification that the USCIS secondary verification failed to confirm eligible immigration status, the PHA must notify the family of the results of the USCIS verification. The family will have 30 days from the date of the notification to request an appeal of the USCIS results. The request for appeal must be made by the family in writing directly to the USCIS. The family must provide the PHA with a copy of the written request for appeal and the proof of mailing. PHA Policy The PHA will notify the family in writing of the results of the USCIS secondary verification within 10 busines s days of receiving the results. The family must provide the PHA with a copy of the written request for appeal and proof of mailing within 10 business days of sending the request to the USCIS. In 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. The family must forward to the designated USCIS office any additional documentation or written explanation in support of the appeal. This material must include a copy of the USCIS document verification request (used to process the secondary request) or such other form specified by the USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration status verification result s. The USCIS will notify the family, with a copy to the PHA, of its decision. When the USCIS notifies the PHA of the decision, the PHA must notify the family of its right to request an informal hearing. PHA Policy The PHA will send written notice to the family of its right to request an informal hearing within 10 business days of receiving notice of the USCIS decision regarding the family’s immigration status. Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] After notification of the USCIS deci sion on appeal, or in lieu of an appeal to the USCIS, the family may request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of receipt of the PHA notice of denial, or within 30 days of receipt of the USCIS appe al decision. The informal hearing procedures for applicant families are described below. Informal Hearing Officer The PHA must provide an informal hearing before an impartial individual, other than a person who made or approved the decision under review, and other than a person who is a subordinate of the person who made or approved the decision. See Section 16-III.C . for a listing of positions that serve as informal hearing officers. Evidence DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -20 The family must be provided the opportunity to examine and copy at the family’s expense, at a reasonable time in advance of the hearing, any documents in the possession of the PHA pertaining to the family’s eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements), including any record s and regulations that may be relevant to the hearing. PHA Policy The family will be provided copies of documents related to the hearing at a cost of $.20 per page. The family must request discovery of PHA documents no later than five business days prior to the hearing. The family must be provided the opportunity to present evidence and arguments in support of eligible status. Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. The famil y must also be provided the opportunity to refute evidence relied upon by the PHA, and to confront and cross-examine all witnesses on whose testimony or information the PHA relies. Representation and Interpretive Services The family is entitled to be repre sented by an attorney or other designee, at the family’s expense, and to have such person make statements on the family’s behalf. The family is entitled to arrange for an interpreter to attend the hearing, at the expense of the family, or the PHA, if reque sted by the family . Recording of the Hearing The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not required to provide a transcript of the hearing. PHA Policy The PHA will not provide a transcript of an audio taped hear ing. Hearing Decision The PHA must provide the family with a written final decision, based solely on the facts presented at the hearing, within 14 calendar days of the date of the informal hearing. The decision must state the basis for the decision. Inform al Hearing Procedures for Residents [24 CFR 5.514(f)] After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of receipt of the PHA notice of termination, or within 30 days of receipt of the USCIS appeal decision. For the informal hearing procedures that apply to participant families whose assistance is being terminated based on immigration status, see Section 16-III.C. Retention of Documents [24 CFR 5.514(h)] The PHA must retain electronically for a minimum of 3 years the following 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 inf ormal hearing process: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -21 • The application for assistance • The form completed by the family for income reexamination • Photocopies of any original documents, including original USCIS documents • The signed verification consent form • The USCIS verification results • Th e request for a USCIS appeal • The final USCIS determination • The request for an informal hearing • The final informal hearing decision DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -22 PART IV: OWNER OR FAMILY DEBTS TO THE PHA 16-IV.A. OVERVIEW PHAs are required to include in the administrative plan, policies concerning repayment by a family of amounts owed to the PHA [24 CFR 982.54]. This p art describes the PHA’s policies for recovery of monies owed to the PHA by families or owners. PHA Policy When an action or inaction of an owner or participant results in the overpayment of housing assistance, the PHA holds the owner or participant liable to return any overpayments to the PHA. The PHA will enter into repayment agreements in accordance with the policies contained in this p art as a means to recover overpayme nts. When an owner or participant refuses to repay monies owed to the PHA, the PHA will utilize other available collection alternatives including, but not limited to, the following: Collection agencies Small claims court Civil law suit State income tax se t-off program 16-IV.B. REPAYMENT POLICY Owner Debts to the PHA PHA Policy Any amount due to the PHA by an owner must be repaid by the owner within 30 days of the PHA determination of the debt. If the owner fails to repay the debt within the required time f rame and is entitled to future HAP payments, the PHA will reduce the future HAP payments by the amount owed until the debt is paid in full. If the owner is not entitled to future HAP payments the PHA may, in its sole discretion, offer to enter into a repay ment agreement on terms prescribed by the PHA . If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will ban the owner from future participation in the program and pursue other modes of collection. Family Debts to the PHA PHA Policy The underreporting of tenant income will be treated as fraud (see Chapter 14 for definition of “fraud”) unless any of the following applies: DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -23 1. The tenant couldn’t report increase of income timely due to being hospitalized or otherwise physically unable to report the change 2. The tenant didn’t report certain income because he/she truly felt it shouldn’t be reported (such as a gift from family member). If such underreporting occurs more than once it wil l be treated as fraud for a second occurrence 3. The tenant reported the increase in income within one month of the change, but not within the ten -day require ment. Any amount owed to the PHA by a family must be repaid by the family. If the family ind icates it is unable to repay the debt within 30 days, the PHA will offer to enter into a repayment agreement in accordance with the policies below. If the family refuses to repay the debt , does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will terminate assistance in accordance with the policies in Chapter 12 and pursue other modes of collection. PHA may allow deferral of debt payment in situations where reasonable accommodation, loss of income, or circumstances beyond t he family’s control merit the deferral. Debt deferral will be allowed only one time during the duration of that debt. PHA will deny eligibility to a family who has indebtedness to PHA or any other PHA until the balance is paid in full. Families who have indebtedness to PHA or any other PHA will be denied portability until the balance is paid in full. Repeated occurrences of unreported income by a family is grounds for termination. The PHA will terminate assistance after the second occurrence of unreported i ncome by the family in 36 months. The PHA receives monthly reports from the federal income verification system (EIV), which often is the source of discrepancy notifications. This system uses Social Security numbers to verify valid employment. Information about the system is included in the family’s briefing packet. Repayment Agreement [24 CFR 792.103] The term r epayment agreement refers to a formal written document signed by a tenant or owner and provided to the PHA in which a tenant or owner acknowledges a debt in a specific amount and agrees to repay the amount due at specific time periods. General Repayment Agreement Guidelines for Families Down Payment Requirement PHA Policy Before executing a repayment agreement with a family, the PHA will generally r equire a down payment of 10 percent of the total amount owed or the PHA may, in its sole discretion, require a lesser percentage down payment. Payment Thresholds DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -24 Notice PIH 2010-19 recommends that the total amount that a family must pay each month - the fa mily’s monthly share of rent plus the monthly debt repayment amount- should not exceed 40 percent of the family’s monthly adjusted income. However, a family may already be paying 40 per cent or more of its monthly adjusted income in rent. Moreover, Notice PIH 2010-19 acknowledges that PHAs have the discretion to establish “thresholds and policies” for repayment agreements with families [24 CFR 982.552(c)(1)(vii)]. PHA Policy The PHA has established the following thresholds for repayment of debts: Amounts between $3,000 and the federal or state threshold for criminal prosecution must be repaid within 36 months. Amounts between $2,000 and $2,999 must be repaid within 30 months. Amounts between $1,000 and $1,999 must be repaid within 24 months. Amounts under $1,000 must be repaid within 12 months. Execution of the Agreement PHA Policy Any repayment agreement between the PHA and a family must be signed and dated by the PHA and by the head of household and spouse/co-head (if applicable). Due Dates PHA Policy All payments are due by the close of business on the 15 th day of the month. If the 15 th does not fall on a business day, the due date is the close of business on the first business day after the 15 th . Late or Missed Payments PHA Policy If a payment is not received by the end of the business day on the date due, and prior approval for the missed payment has not been given by the PHA, the PHA will send the family a delinquency notice giving the family 10 business days to make the late payment. If the payment is not received by the due date of the delinquency notice, it will be considered a breach of the agreement and the PHA will terminate assistance in accordance with the policies in Chapter 12 . If a family receives three delinquency notices for unexcused late payments in a 12- month period, the repayment agreement will be considered in default, and the PHA will terminate assistance in accordance with the policies in Chapter 12 . When a default has occurred, the entire balance is due in full. In such cases, the PHA will deny eligibility to the family, will not issue a new voucher, approve a new lease, or execute a new contract until the balance has been paid in full. In addition, under program regulations the PHA will terminate assistance in accordance with the p olicies in Chapter 12. No Offer of Repayment Agreement DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -25 PHA Policy The PHA will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or if the amount owed by the family exceed s the federal or state threshold for criminal prosecution, or if the family has entered into a repayment agreement with the PHA in the past 36 months. In the absence of a repayment agreement due to one of these conditions, the family will be required to pay the debt in full within 30 days. Repayment Agreements Involving Improper Payments Notice PIH 2010-19 requires certain provisions to be included in any repayment agreement involving amounts owed by a family because it underreported or failed to report income: • A reference to the items in the family briefing packet that state the family’s obligation to provide true and complete information at every reexamination and the grounds on which the PHA may terminate assistance because of a family’s action or failure to act • A statement clarifying that each month the family not only must pay to the PHA the monthly payment amount specified in the agreement but must also pay to the owner the family’s monthly share of the rent to owner • A statement that the terms of the repayment agreement may be renegotiated if the family’s income decreases or increases • A statement that late or missed payments constitute default of the repayment agreement and may result in termination of assistance Renegotiation of Repayment Agreements • The PHA will conside r a request for a renegotiation of a repayment agreement only under the circumstances that a family is current on the payments to the PHA, and can demonstrate that their income has changed since the repayment agreement was issued. The request must be submitted in writing, along with applicable evidence of the change in income, before the family makes any changes to their payment amount. The request will be reviewed by the PHA within 10 business days, at which time a letter with the PHA’s decision will be ma iled to the family. This request is not subject to an informal hearing. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -26 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) 16-V.A. OVERVIEW The Section 8 Management Assessment Program (SEMAP) is a tool that allows HUD to measure PHA performance in key areas to ensure program integrity and accountability. SEMAP scores translate into a rating for each PHA as high performing, standard, or troubled. Scores on individual SEMAP indicators, as well as overall SEMAP ratings, can affect the PHA in several ways . • High -performing PHAs can be given a competitive advantage under notices of funding availability [24 CFR 985.103]. • PHAs with deficiencies on one or more indicators are required to correct the deficiencies and report to HUD [24 CFR 985.106]. • PHAs with an overall rating of “troubled” are subject to additional HUD oversight, including on-site reviews by HUD staff, a requirement to develop a corrective action plan, and monitoring to ensure the successful implementation of the corrective action plan. In addition, PHAs that are designated “troubled” may not use any part of the administrative fee reserve for other housing purposes [24 CFR 985.107]. • HUD may determine that a PHA's failure to correct identified SEMAP deficiencies or to prepare and implement a correc tive action plan required by HUD constitutes a default under the AC C [24 CFR 985.109]. 16-V.B. SEMAP CERTIFICATION [24 CFR 985.101] PHAs must submit the HUD -required SEMAP certification form within 60 calendar days after the end of its fiscal year. The cer tification must be approved by PHA board resolution and signed by the PHA executive director. If the PHA is a unit of local government or a state, a resolution approving the certification is not required, and the certification must be executed by the Ho u si ng Manager . PHAs with less than 250 voucher units are only required to be assessed every other PHA fiscal year. HUD will assess such PHAs annually if the PHA elects to have its performance assessed on an annual basis; or is designated as “troubled” [24 CFR 985.105]. Failure of a PHA to submit its SEMAP certification within the required time frame will result in an overall performance rating of “troubled.” A PHA’s SEMAP certification is subject to HUD verification by an on -site confirmatory review at any tim e. Upon receipt of the PHA’s SEMAP certification, HUD will rate the PHA’s performance under each SEMAP indicator in accordance with program requirements. HUD Verification Method Several of the SEMAP indicators are scored based on a review of a quality cont rol sample selected for this purpose. The PHA or the Independent Auditor must select an unbiased sample DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -27 that provides an adequate representation of the types of information to be assessed, in accordance with SEM AP requirements [24 CFR 985.2]. If the HUD ve rification method for the indicator relies on data in the Form-50058 module (formerly known as MTCS) in the PIH Information Center (PIC), and HUD determines that those data are insufficient to verify the PHA's certification on the indicator due to the PHA's failure to adequately report family data, HUD will assign a zero rating for the indicator [24 CFR 985.3]. 16-V.C. SEMAP INDICATORS [24 CFR 985.3 and form HUD-52648] The table below lists each of the SEMAP indicators, contains a description of each indicator, and explains the basis for points awarded under each indicator. A PHA that expends less than $300,000 in Federal awards and whose Section 8 programs are not audited by an independent auditor, is not be rated under SEMAP indicators 1-7. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -28 SEMAP Indicat ors Indicator 1: Selection from the waiting list Maximum Score: 15 • This indicator shows whether the PHA has written policies in its administrative plan for selecting applicants from the waiting list and whether the PHA follows these policies when select ing applicants for admission from the waiting list. • Points are based on the percent of families that are selected from the waiting list in accordance with the PHA’s written policies, according to the PHA’s quality control sample. Indicator 2: Rent reasonableness Maximum Score: 20 • This indicator shows whether the PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units • Points are based on the percent of units for which the PHA follows its written method to determine reasonable rent and has documented its determination that the rent to owner is reasonable, according to the PHA’s quality control sample. Indicator 3: Determinati on of adjusted income Maximum Score: 20 • This indicator measures whether the PHA verifies and correctly determines adjusted income for each assisted family, and where applicable, uses the appropriate utility allowances for the unit leased in determining the gross rent. • Points are based on the percent of files that are calculated and verified correctly, according to the PHA’s quality control sample. Indicator 4: Utility allowance schedule Maximum Score: 5 • This indicator shows whether the PHA maintains an up-to -date utility allowance schedule. • Points are based on whether the PHA has reviewed the utility allowance schedule and adjusted it when required, according to the PHA’s certification. Indicator 5: HQS quality control inspections Maximum Score: 5 • This indicator shows whether a PHA supervisor re-inspects a sample of units under contract during the PHA fiscal year, which meets the minimum sample size requirements for quality control of HQS inspections. • Points are based on whether the required quality control reinspections were completed, according to the PHA’s certification. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -29 Indicator 6: HQS enforcement Maximum Score: 10 • This indicator shows whether, following each HQS inspection of a unit under contract where the unit fails to meet HQS, any cited life -thr eatening deficiencies are corrected within 24 hours from the inspection and all other deficiencies are corrected within no more than 30 calendar days from the inspection or any PHA-approved extension. • Points are based on whether the PHA corrects all HQS deficiencies in accordance with required time frames, according to the PHA’s certification. Indicator 7: Expanding housing opportunities Maximum Points: 5 • Only applies to PHAs with jurisdiction in metropolitan FMR areas. • This indicator shows whether the PHA has adopted and implemented a written policy to encourage participation by owners of units located outside areas of poverty or minority concentration; informs voucher holders of the full range of areas where they may lease units both inside and outside the PHA’s jurisdiction; and supplies a list of landlords or other parties who are willing to lease units or help families find units, including units outside areas of poverty or minority concentration. • Points are based on whether the PHA has adopted and impl emented written policies in accordance with SEMAP requirements, according to the PHA’s certification. Indicator 8: FMR limit and payment standards Maximum Points: 5 points • This indicator shows whether the PHA has adopted a payment standard schedule that establishes payment standard amounts by unit size for each FMR area in the PHA’s jurisdiction, that are within the basic range of 90 to 110 percent of the published FMR. • Points are based on whether the PHA has appropriately adopted a payment standard schedu le(s), according to the PHA’s certification. Indicator 9: Annual reexaminations Maximum Points: 10 • This indicator shows whether the PHA completes a reexamination for each participating family at least every 12 months. • Points are based on the percent of re examinations that are more than 2 months overdue, according to data from PIC. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -30 Indicator 10: Correct tenant rent calculations Maximum Points: 5 • This indicator shows whether the PHA correctly calculates the family’s share of the rent to owner. • Points are based on the percent of correct calculations of family share of the rent, according to data from PIC. Indicator 11: Pre-contract HQS inspections Maximum Points: 5 • This indicator shows whether newly leased units pass HQS inspection on or before the effective date of the assisted lease and HAP contract. • Points are based on the percent of newly leased units that passed HQS inspection prior to the effective date of the lease and HAP contract, according to data from PIC. Indicator 12: Annual HQS inspections Maximum Points: 10 • This indicator shows whether the PHA inspects each unit under contract at least annually. • Points are based on the percent of annual HQS inspections of units under contract that are more than 2 months overdue, according to data from PIC. Indicator 13: Lease-up Maximum Points: 20 points • This indicator shows whether the PHA enters HAP contracts for the number of units or funding reserved under ACC for at least one year. • Points are based on the percent of units leased during the last complete d PHA fiscal year, or the percent of allocated budget authority that has been expended by the PHA, according to data from the PHA’s last year -end operating statement that is recorded in HUD’s accounting system. Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances Maximum Points: 10 • Only applies to PHAs with mandatory FSS programs. • This indicator shows whether the PHA has enrolled families in the FSS program as required, and measures the percent of current FSS participants that have had increases in earned income which resulted in escrow account balances. • Points are based on the percent of mandatory FSS slots that are filled and the percent of families with escrow account balances, according to data from PIC. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -31 Success Rate of Voucher Holders Maximum Points: 5 • Only applies to PHAs that have received approval to establish success rate payment standard amounts, and isn’t effective until the second full PHA fiscal year following the date of HUD approval of success rate payment sta ndard amounts. • This indicator shows whether voucher holders were successful in leasing units with voucher assistance. • Points are based on the percent of families that were issued vouchers, and that became participants in the voucher program. Deconcentrat ion Bonus Indicator Maximum Points: 5 • Submission of data for this indicator is mandatory for a PHA using one or more payment standard amount(s) that exceed(s) 100 percent of the published FMR set at the 50 percentile rent, starting with the second full PHA fiscal year following initial use of payment standard amounts based on the FMRs set at the 50 th percentile. • Additional points are available to PHAs that have jurisdiction in metropolitan FMR areas and that choose to submit the required data. • Points are based on whether the data that is submitted meets the requirements for bonus points. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -32 PART VI: RECORD KEEPING 16-VI.A. OVERVIEW The PHA must maintain complete and accurate accounts and other records for the program in accordance with HUD requirements, in a manner that permits a speedy and effective audit. All such records must be made available to HUD or the Comptroller General of the United States upon request. In addition, the PHA must ensure that all applicant and participant files are maintained in a w ay that protects an individual’s privacy rights. 16-VI.B. RECORD RETENTION [24 CFR 982.158] During the term of each assisted lease, and for at least three years thereafter, the PHA must keep: • A copy of the executed lease; • The contract; and • The application from the family. In addition, the PHA must keep the following re cords for at least three years: • Records that provide income, racial, ethnic, gender, and disability status data on program applicants and participants; • An application from each ineligible family and notice that the applicant is not eligible; • HUD -required reports; • Unit inspection reports; • Lead -based paint records as required by 24 CFR 35, Subpart B. • Accounts and other records supporting PHA budget and financial statements for the program; • Recor ds to document the basis for PHA determination that rent to owner is a reasonable rent (initially and during the term of a contract); and • Other records specified by HUD. If an informal hearing to establish a family’s citizenship status is held, longer rete ntion requirements apply for some types of documents. For specific requirements, see Section 16- III.D , Retention of Documents. 16-VI.C. RECORDS MANAGEMENT PHAs must maintain applicant and participant files and information in accordance with the regulatory requirements described below. PHA Policy All applicant and participant information will be kept electronically in a secure location and access will be limited to authorized PHA staff. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -33 PHA staff will not discuss personal family information unless there is a business reason to do so. Inappropriate discussion of family information or improper disclosure of family information by staff will result in disciplinary action. Privacy Act Requirements [24 CFR 5.212 and Form-9886] The collection, maintenance, use, and dissemination of social security numbers (SSN), employer identification numbers (EIN), any information derived from these numbers, and income information of applicants and participants must be conducted, to the extent applicable, in compliance with the Pri vacy Act of 1974, and all other provisions of Federal, State, and local law. Applicants and participants, including all adults in the household, are required to sign a consent form, HUD -9886, Authorization for Release of Information. This form incorporates the Federal Privacy Act Statement and describes how the information collected using the form may be used, and under what conditions HUD or the PHA may release the information collected. Upfront Income Verification (UIV) Records PHAs that access UIV data t hrough HUD’s Enterprise Income Verification (EIV ) system are required to adopt and follow specific security procedures to ensure that all EIV data is protected in accordance with federal laws, regardless of the media on which the data is recorded (e.g. electronic, paper). These requirements are contained in the HUD issued document, Enterprise Income Verification (EIV) System , Security Procedures for Upfront Income Verification data. PHA Policy Prior to utilizing HUD’s EIV system, the PHA will adopt and impl ement E IV secur ity pro cedures required by HUD. Criminal Records The PHA may only disclose the criminal conviction records which the PHA receives from a law enforcement agency to officers or employees of the PHA, or to authorized representatives of the PHA who have a job-related need to have access to the information [24 CFR 5.903(e)]. The PHA must establish and implement a system of records management that ensures that any criminal record received by the PHA from a law enforcement agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or final disposition of any such litigation [24 CFR 5.903(g)]. The PHA must establish and implement a system of records management that ensures that any sex offender registration information received by the PHA from a State or local agency is maintained confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the record was requested has been accomplished, including expiration of the period for filing a challenge to the PHA action without institution of a challenge or f inal disposition of any such litigation. However, a record of the screening, including the type of screening and the date performed must be retained [Notice PIH 2012 -28]. This requirement does not apply to information that is public information, or is obtained by a PHA other than under 24 CFR 5.905. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -34 Medical/Disability Records PHAs are not permitted to inquire about the nature or extent of a person’s disability. The PHA may not inquire about a person’s diagnosis or details of treatment for a disability or m edical condition. If the PHA receives a verification document that provides such information, the PHA should not place this information in the tenant file. The PHA should destroy the document. Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking For requirements and PHA policies related to management of documentation obtained from victims of domestic violence, dating violence, sexual assault, or stalking, see section 16-IX.E. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -35 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTA L INTERVENTION BLOOD LEAD LEVEL 16-VII.A. OVERVIEW The PHA has certain responsibilities relative to children with environmental intervention blood lead levels that are receiving HCV assistance. The notification, verification, and hazard r eduction requirements ar e discussed in Chapter 8. This part deals with the reporting requirements, and data collection and record keeping responsibilities that the PHA is subject to. 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e)] The PHA must report the name and address of a child identified as having an environmental intervention blood lead level to the public health department within 5 business days of being so notified by any other medical health care professional. PHA Policy The PHA will provide the public health department written notice of the name and address of any child identified as having an environmental intervention blood lead level. 16-VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(f)] At least quarterly, the PHA must attempt to obtain from the public health department(s) with a similar area of jurisdiction, the names and/or addresses of children less than 6 years old with an identified environmental intervention blood lead level. If the PHA obtains names and addresses of environmental intervention blood lead level children from the public health department(s), the PHA must match this information with the names and addresses of families receiving HCV assistance, unless the public health department performs such a procedure. If a match occurs, the PHA must carry out the notification, verification, and hazard reduction requirements discussed in Chapter 8, and the reporting requirement discussed above. At least quarterly, the PHA must also report an updated list of the addresses of un its receiving assistance under the HCV program to the same public health department(s), unless the public health department(s) states that it does not wish to receive such a report. PHA Policy HOME Program: At least quarterly, the PHA will communicate with the local public health department to both request and provide information. The goal of this information sharing is to identify children with lead poisoning, under the age of six, in TBRA units, so that proper hazard reduction activity can take place. Sp ecifically, the PHA will: 1) Attempt to obtain from the public health department, the names and addresses of any children under age six with an environmental intervention blood level. If the PHA receives this list from the Public Health Department, the PHA wi ll match those addresses against units receiving TBRA and take required hazard evaluation and reduction in those units per 24 CFR 35.1225. 2) Provide to the public health department a list of addresses of units receiving TBRA, unless the public health departm ent states that they do not want to receive this list. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -36 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING 16-VIII.A. OVERVIEW The HCV regulations allow PHAs to deny families permission to move and to terminate Housing Assistance Payments (HAP) contracts if f unding under the consolidated ACC is insufficient to support continued assistance [24 CFR 982.354(e)(1) and 982.454]. If a PHA denies a family a portability move based on insufficient funding, the PHA is required to notify the local HUD office within 10 business days [24 CFR 982.354]. Insufficient funding may also impact the PHA’s ability to issue vouchers to families on the waiting list. This part discusses the methodology the PHA will use to determine whether or not the PHA has sufficient funding to issue vouchers, approve moves, and to continue subsidizing all families currently under a HAP contract. 16-VIII.B. METHODOLOGY PHA Policy The PHA will determine whether there is adequate funding to issue vouchers, approve moves to higher cost units and areas, and continue subsidizing all current participants by comparing the PHA’s annual budget authority to the annual total HAP needs on a monthly basis. The total HAP needs for the calendar year will be projected by establishing the actual HAP costs year to date. To that figure, the PHA will add anticipated HAP expenditures for the remainder of the calendar year. Projected HAP expenditures will be calculated by multiplying the projected number of units leased per remaining months by the most current month’s averag e HAP . The projected number of units leased per month will tak e into account the average monthly turnover of participant families . If the total annual HAP needs equal or exceed the annual budget authority, or if the PHA cannot support the cost of the propo sed subsidy commitment (voucher issuance or move) based on the funding analysis, the PHA will be considered to have insufficient funding. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -37 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA) NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY 16-IX.A. OVERVIEW The Violenc e A gainst Women Act of 2013 (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault, and stalking who are applying for or receiving assistance under the housing choice voucher (HCV) program. If your state or lo cal laws provide greater protection for such victims, those laws apply in conjunction with VAWA. In addition to definitions of key terms used in VAWA, this part contains general VAWA requirements and PHA policies in three areas: notification, documentation, and confidentiality. Specific VAWA requirements and PHA policies are located primarily in the following sections: 3-I.C, “Family Breakup and Remaining Member of Tenant Family”; 3-III.G, “Prohibition against Denial of Assistance to Victims of Domestic Vio lence, Dating Violence, and Stalking”; 10-I.A, “Allowable Moves”; 10 -I.B, “Restrictions on Moves”; 12-II.E, “Terminations Related to Domestic Violence, Dating Violence, or Stalking”; and 12 -II.F, “Termination Notice.” 16-IX.B. DEFINITIONS [24 CFR 5.2003, 42 USC 13925] As used in VAWA: • The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact. • The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: - The length of the relationship - The type of relationship - The frequency of interaction between the persons involved in the relationship • 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 partne r , 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 do mestic or family violence laws of the jurisdiction. • The term affiliated individual means, with respect to a person: - A spouse, parent, brother or sister, or child of that individual, or an individual to whom that individual stands in the position or pla ce of a parent; or - Any other individual, tenant or lawful occupant living in the household of the victim of domestic violence, dating violence, sexual assault, or stalking. • The term sexual assault means: - Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -38 • 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 - Suffer substantial emotional distress 16-IX.C. NOTIFICATION [24 CFR 5.2005(a)] Notification to Public The PHA adopts the following policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA. PHA Policy The PHA will post the following information regarding VAWA in its offices and on its Web site. It will also make the information readily available to anyone who requests it. A summary of the rights and protections provided by VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault, or stalking (see sample notices in Exhibits 16 1 and 16-2) The definitions of domestic violence, dating violence, sexual as sault, and stalking provided in VAWA (included in Exhibits 16-1 and 16-2) An explanation of the documentation that the PHA may require from an individual who claims the protections provided by VAWA (included in Exhibits 16-1 and 16 -2) A copy of form HUD -50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking A statement of the PHA’s obligation to keep confidential any information that it receives from a victim unless (a) the PHA has the victim’s written permission to release the information, (b) it needs to use the information in an eviction proceeding, or (c) it is compelled by law to release the information (included in Exhibits 16-1 and 16-2) The National Domestic Violence Hot Line: 1 -800-799-SAFE (7233) or 1-800-787-3224 (TTY) (included in Exhibits 16-1 and 16 -2) Contact information for local victim advocacy groups or service providers Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] PHAs are required to inform program applicants and participants o f their rights under VAWA, including their right to confidentiality and the limits thereof , when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. VAWA 2013 also requires that this notice of VAWA rights be translated in accordance with HUD’s LEP Guidance and Executive Order 13166. PHA Policy DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -39 The PHA will provide all applicants with information about VAWA at the time they request an application for housing assistance. The PHA will also include information about VAWA in all notices of denial of assistance (see section 3 -III.G). The PHA will provide all participants with information about VAWA at the time of admission (see section 5 -I.B) and at annual reexamination. The PHA will also include information about VAWA in notices of termination of assistance, as provided in section 12-II.F. 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. Notification to Owners and Managers [24 CFR 5.2005(a)(2)] PHAs are required to notify owners and managers participating in the HCV program of their rights and obligations un der VAWA. PHA Policy The PHA will provide owners and managers with information about their rights and obligations under VAWA when they begin their participation in the HCV program and at least annually thereafter. 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. DOCUMENTATION [42 U.S.C. § 14043e-11(c)(3); 24 CFR 5.2007] A PHA presented with a claim for i nitial or continued assistance based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse may—but is not required to—request that the individual making the claim document the abuse. Any request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. The PHA may extend this time period at its discretion. [24 CFR 5.20 07(a)] The individual may satisfy the PHA’s request by providing any one of the following three forms of documentation [24 CFR 5.2007(b)]: (1) A completed and signed HUD-approved certification form (HUD-50066, Certification of Domestic Violence, Dating Vio lence, Sexual Assault, or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim (2) A federal, state, tribal, territorial, or local police report , or court record , or an administrative record (3) Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; a mental health professional; or a medical professional. 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. Th e victim must also sign the documentation. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -40 The PHA may not require third-party documentation (forms 2 and 3) in addition to certification (form 1), except as specified below under “Conflicting Documentation,” nor may it require certification in addition to third -party documentation [VAWA final rule]. PHA Policy Any request for documentation of domestic violence, dating violence, sexual assault, or stalking will be in writing, will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to submit the documentation or request an extension in writing b y the deadline. The PHA may, in its discretion, extend the deadline for 10 business days. Any extension granted by the PHA will be in writing. Conflicting Documentation [24 CFR 5.2007(e)] In cases where the PHA receives conflicting certification documents from two or more members of a household, each claiming to be a victim and naming one or more of the other petitioning household members as the perpetrator, the PHA may determine which is the true victim by requiring each to provide acceptable third-party d ocumentation, as described above (forms 2 and 3). The PHA must honor any court orders issued to protect the victim or to address the distribution of property. PHA Policy If presented with conflicting certification documents (two or more forms HUD-50066) fr om members of the same household, the PHA will attempt to determine which is the true victim by requiring each of them to provide third -party documentation in accordance with 24 CFR 5.2007(e) and by following any HUD guidance on how such determinations should be made. Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] The PHA has the discretion to provide benefits to an individual based solely on the individual’s statement or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with 24 CFR 5.2007(b). PHA Policy If the PHA accepts an individual’s statement or other corroborating evidence of domestic violence, dating violence, sexual assault, or stalking, the PHA will document acceptance of the statemen t or evidence in the individual’s file. Failure to Provide Documentation [24 CFR 5.2007(c)] In order to deny relief for protection under VAWA, a PHA must provide the individual requesting relief with a written request for documentation of abuse. If the in dividual fails to provide the documentation within 14 business days from the date of receipt, or such longer time as the PHA may allow, the PHA may deny relief for protection under VAWA. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -41 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] All information provided to the PHA regarding domestic violence, dating violence, sexual assault or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence. This means that the PHA (1) may not enter the information into any shared database, (2) may not allow employees or others to access the information unless they are explicitly authorized to do so and have a need to know the information for purposes of their work, and (3) may not provide the information to any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by the individual in writing, (b) required for use in an eviction proceeding, or (c) otherwise required by applicable law. PHA Policy If disclosure is req uired for use in an eviction proceeding or is otherwise required by applicable law, the PHA will inform the victim before disclosure occurs so that safety risks can be identified and addressed. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -42 EXHIBIT 16 -1: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER APPLICANTS AND TENANTSPARTICIPANTS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This sample notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in 2013 protects individuals who are victims of domes tic violence, dating violence, sexual assault, and stalking. The n ame of the law is the Violence Against Women Act, or “VAWA.” This notice explains your rights under VAWA. Protections for Victims If you are eligible for a Section 8 voucher, the housing authority cannot deny you rental assistance solely because you are a victim of domestic violence, dating violence, sexual assault, or stalking. If you are the victim of domestic violence, dating violence, sexual assault, or stalking, you cannot be terminated from the Section 8 program or evicted based on acts or threats of violence committed against you. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or stalking that are caused by a member of your household or a guest can’t be the reason for evicting you or terminating your rental assistance if you were the victim of the abuse. Reasons You Can Be Evicted You can be evicted and your rental assistance can be terminated if the housing authority or your landlord can show there is an actual and imminent (immediate) threat to other tenants or employees at the property if you remain in your housing. Also, you can be evicted and your rental assistance can be terminated for serious lease violations that are not related to the domestic violence, dating violence, sexual assault, or stalking committed against you. The housing authority and your landlord cannot hold you to a more demanding set of rules than it applies to tenants participants who are not victims. Removing the Abu ser from the Household Your landlord may split the lease to evict a tenant who has committed criminal acts of violence against family members or others, while allowing the victim and other household membe rs to stay in the assisted unit. Also, the housing authority can terminate the abuser’s Section 8 rental assistance while allowing you to continue to receive assistance. If the landlord or housing authority chooses to remove the abuser, it may not take away the remaining tenants’ rights to the unit or otherwise punish the remaining tenants. In removing the abuser from the household, your landlord must follow federal, state, and local eviction procedures. Moving to Protect Your Safety The housing authority may permit you to move and still keep your rental ass istance, even if your current lease has not yet expired. The housing authority may require that you be current on your rent or other obligations in the housing choice voucher program. The housing authority may ask you to provide proof that you are moving b ecause of incidences of abuse. Proving T hat You Are a Victim of Domestic Violence, Dating Violence, Sexual Assault, or Stalking DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -43 The housing authority and your landlord can ask you to prove or “certify” that you are a victim of domestic violence, dating vio lence, sexual assault, or stalking. The housing authority or your landlord must give you at least 14 business days (i.e. Saturdays, Sundays, and holidays do not count) to provide this proof. The housing authority and your landlord are free to extend the deadline. There are three ways you can prove that you are a victim: • Complete the certification form given to you by the housing authority or your landlord. The form will ask for your name, the name of your abuser, the abuser’s relationship to you, the date, time, and location of the incident of violence, and a description of the violence. You are only required to provide the name of the abuser if it is safe to provide and you know their name. • Provide a statement from a victim service provider, attorney, medic al professional , or mental health professional who has helped you address incidents of domestic violence, dating violence, sexual assault, or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both you and the professional must sign the statement, and both of you must state that you are signing “under penalty of perjury.” • Provide a police or court record, such as a protective order, or an administrative record. Additionally, at its discretion, the housing authority may accept a statement or other evidence provided by the applicant or tenant participant . If you fail to provide one of these documents within the required time, the landlord may evict you , and the housing authority may terminate your rental assistan ce . Confidentiality The housing authority and your landlord must keep confidential any information you provide about the violence against you, unless: • You give written permission to the housing authority or your landlord to release the information. • Your landlord needs to use the information in an eviction proceeding, such as to evict your abuser. • A law requires the housing authority or your landlord to release the information. If release of the information would put your safety at risk, you should inform the housing authority and your landlord. VAWA and Other Laws VAWA does not limit the housing authority’s or your landlord’s duty to honor court orders about access to or control of the property. This includes orders issued to protect a victim and orders dividing property among household members in cases where a family breaks up. VAWA does not replace any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. For Additional Information If you have any questions regarding VAWA, please contact the PHA’s 504 coordinator at 310-458-8740. DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -44 For help and advice on escaping an abusive relationship, call the National Domestic Violence Hotline at 1 -800-799-SAFE (7233) or 1-800-787-322 4 (TTY). Definitions For purposes of determining whether a tenantparticipant may be covered by VAWA, the following list of definitions applies: VAWA defines domestic violence to include felony or misdemeanor crimes of violence committed by any of the follo wing: • 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 jurisdic tion VAWA defines dating violence as violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim AND (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: • The length of the relationship • The type of relationship • The frequency of interaction between the persons involved in the relationship VAWA defines sexual assault as “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent” (42 U.S.C. 13925(a)). 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 DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -45 EXHIBIT 16 -2: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This sample notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in 2013 protects individuals who are victims of domestic violence, dating violence, sexual assault, and stalking. The n ame of the law is the Violence Against Women Act, or “VAWA.” This notice explains your obligations und er VAWA. Protections for Victims You cannot refuse to rent to an applicant solely because he or she is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. You cannot evict a tenant who is or has been the victim of dome stic violence, dating violence, sexual assault, or stalking based on acts or threats of violence committed against the victim. Also , criminal acts directly related to the domestic violence, dating violence, sexual assault, or stalking that are caused by a household member or guest cannot be cause for evicting the victim of the abuse. Permissible Evictions You can evict a victim of domestic violence, dating violence, sexual assault, or stalking if you can demonstrate that there is an actual and imminent (im mediate) threat to other tenants or employees at the property if the victim is not evicted. Also, you may evict a victim for serious lease violations that are not related to the domestic violence, dating violence, sexual assault, or stalking . You cannot hold a victim of domestic violence, dating violence, sexual assault, or stalking to a more demanding standard than you hold tenants who are not victims. Removing the Abuser from the Household You may bifurcate (split ) the lease to evict a tenant who has comm itted criminal acts of violence against family members or others, while allowing the victim and other household members to stay in the unit. If you choose to remove the abuser, you may not take away the remaining tenants’ rights to the unit or otherwise punish the remaining tenants. In removing the abuser from the household, you must follow federal, state, and local eviction procedures. Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If a tenant asserts VAWA’s protections, y ou can ask the tenant to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You are not required to demand official documentation and may rely upon the victim’s statement alone. If you choose to request c ertification, you must do so in writing and give the tenant at least 14 business days to provide documentation. You are free to extend this deadline. A tenant can certify that he or she is a victim by providing any one of the following three documents: • A c ompleted, signed HUD -approved certification form. The most recent form is HUD- 50066. This form is available at the housing authority, or online at h ttp://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud 5 . • A statement from a victim service provider, attorney, medical professional, or mental health professional who has helped the victim address incidents of domestic violence, dating DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -46 violence, sexual assault, or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both the victim and the professional must sign the statement under penalty of perjury. • A police or court record, such as a protective order , or administrative record. If the tenant fails to provide one of these documents within 14 business days, you may evict the tenant if authorized by otherwise applicable law and lease provisions. Confid entiality You must keep confidential any information a tenant provides to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You cannot enter the information into a shared database or reveal it to outside entities unless: • The tenant provides written permission releasing the information. • The information is required for use in an eviction proceeding, such as to evict the abuser. • Release of the information is otherwise required by law. The victim should inform you if the release of the information would put his or her safety at risk. VAWA and Other Laws VAWA does not limit your obligation to honor court orders regarding access to or control of the property. This includes orders issued to protect the victim and orders dividing property among household members in cases where a family breaks up. VAWA does not replace any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. Additional Information • If you have any questions regarding VAWA, please contact the PHA at 310-458-8740. Definitions For purposes of determining whether a tenant may be covered by VAWA, the following list of definitions applies: VAWA defines domestic violen ce 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 cohabitat ed 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 DR A F T RE V I S I O N 20 1 6 © Copyright 20142016 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made fo r internal use. Page 1 6 -47 VAWA defines dating violence as violence committed by a person (1) who is or has been in a social relationship of a romantic or intimate nature with the victim AND (2) where the existence of such a relationship shall be determined based on a consideration of the following factors: • The length of the relationship • The type of relationship • The frequency of interaction between the persons involved in the relationship VAWA de fines sexual assault as “any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent” (42 U.S.C. 13925(a)). VAWA defines stalking as engaging in a course of conduct directed at a specific pe rson that would cause a reasonable person to: - Fear for his or her safety or others; or - Suffer substantial emotional distress DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -1 Chapter 17 PROJECT -BASED VOUCHERS INTRODUCTION This chapter describes HUD regulations and PHA policies related to the project-based voucher (PBV) program in nine parts: Part I: General Requirements . This part describes general provisions of the PBV program including maximum budget authority requirements, relocation requirements, and equal opportunity requirements. Part II: PBV Owner Proposals . This part includes policies related to the submission and selection of owner proposals for PBV assistance . It descr ibes the factors the PHA will consider when selecting proposals, the type of housing that is eligible to receive PBV assistance, the cap on assistance at projects receiving PBV assistance, subsidy layering requirements, site selection standards, and enviro nmental review requirements. Part III: Dwelling Units . This part describes requirements related to housing quality standards, the type and frequency of inspections, and housing accessibility for persons with disabilities. Part I V: Rehabilitated and Newly C onstructed Units . This part describes requirements and policies related to the development and completion of rehabilitated and newly constructed housing units that will be receiving PBV assistance . Part V : Housing Assistance Payments Contract . This part di scusses contract requirements and policies including the execution, term, and termination of the contract. In addition, it describes how the contract may be amended and identifies provisions that may be added to the contract at the PHA’s discretion . Part V I : Selection of PBV Program Participants . This part describes the requirements and policies govern ing how the PHA and the owner will select a family to receive PBV assistance . Part V I I: Occupancy . This part discusses occupancy requirements related to the lease, and describes under what conditions famil ies are allowed or required to move. In addition, exceptions to the occupancy cap (which limits PBV assistance to 25 percent of the units in any project ) are also discussed . Part V I II: Determining Rent to Own er . This part describes how the initial rent to owner is determined, and how rent will be redetermined throughout the life of the contract . Rent reasonableness requirements are also discussed. Part IX: Payments to Owner . This part describes the types of payments owners may receive under this program. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -2 PART I: GENERAL REQUIREMENTS 17-I.A. OVERVIEW [24 CFR 983.5] The project -based voucher (PBV) program allows PHAs that already administer a tenant -based voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its voucher program budget authority and attach the funding to specific units rather than using it for tenant-based assistance [24 CFR 983.6]. PHAs may only operate a PBV program if doing so is consistent with the PHA’s Annual Plan, and the goal of deconcentrating poverty and expanding housing and economic opportunities [42 U.S.C. 1437f(o)(13)]. PHA Policy The PHA will operate a project -based voucher program using up to 20 percent of its budget authority for projec t-based assistance . PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24 CFR 983.52]. If PBV units are already selected for project -based assistance either under an agreement to e nter into HAP Contract (Agre ement) or a HAP contract, the PHA is not required to reduce the number of these units if the amount of budget authority is subsequently reduced . However, the PHA is responsible for determining the amount of budget authority that is available for project -ba sed vouchers and ensuring that the amount of assistance that is attached to units is within the amounts available under the ACC [24 CFR 983.6]. 17-I.B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE [24 CFR 983.2] Much of the tenant-based voucher program regulations also apply to the PBV program. Consequently, many of the PHA policies related to tenant-based assistance also apply to PBV assistance. The provisions of the tenant-based voucher regulations that do not apply to the PBV program are listed at 24 CFR 983.2. PHA Policy Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program regulations, the PHA policies for the tenant-based voucher program contained in this administrative plan also apply to the PBV program and its participants . 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7] Any persons displaced as a result of implementation of the PBV program must be provided relocation assistance in accordance with the requirements of the Uniform Relocation Assistance and Rea l Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655] and implementing regulations at 49 CFR part 24. The cost of required relocation assistance may be paid with funds provided by the owner, local public funds, or funds available from other sources. PHAs may not use voucher program funds to cover relocation costs, except that PHAs may use their administrative fee reserve to pay for relocation expenses after all other program administrative expenses are satisfied, and provided that payment o f the relocation benefits is consistent with state and local law. Use of the administrative fee for these purposes must also be consistent with other legal and regulatory requirements, including the requirement in 24 CFR 982.155 and other official HUD issu ances. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -3 The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B. It is the responsibility of the PHA to ensure the owner complies with these requirements. 17-I.D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8] The PHA must comply with all equal opportunity requirements under federal law and regulations in its implementation of the PBV program. This includes the requirements and authorities cited at 24 CFR 5.105(a). In addition, the PHA must comply with the PHA Pl an cer tification on civil rights and affirmatively furthering fair housing, submitted in accordance with 24 CFR 903.7(o). DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -4 PART II: PBV OWNER PROPOSALS 17-II.A. OVERVIEW The PHA must describe the procedures for owner submission of PBV proposals and for PH A selection of PBV proposals [24 CFR 983.51]. Before selecting a PBV proposal, the PHA must determine that the PBV proposal complies with HUD program regulations and requirements, including a determination that th e property is eligible housing [24 CFR 983.53 and 983.54], complies with the cap on the number of PBV units per project [24 CFR 983.56], and meets the site selection standards [24 CFR 983.57]. The PHA may not commit PBVs until or unless it has followed the proposal selection requirements defined in 24 CFR 983.51 [Notice PIH 2011-54]. 17-II.B. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51 (b)] The PHA must select PBV proposals in accordance with the selection procedures in the PHA administrative plan. The PHA must select PBV proposals by either o f the following two methods. • PHA request for PBV Proposals . The PHA may solicit proposals by using a request for proposals to select proposals on a competitive basis in response to the PHA request. The PHA may not limit proposals to a single site or impose restrictions that explicitly or practically preclude owner submission of proposals for PBV housing on different sites. • The PHA may select proposal that were previously selected based on a competition . This may include selection of a proposal for housing assisted under a federal, state, or local government housing assistance program that was subject to a competition in accordance with the requirements of the applicable program, community development program, or supportive services program that requires com petitive selection of proposals (e.g., HOME, and units for which competitively awarded LIHTCs have been provided), where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV propo sal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. Solicitation and Selection of PBV Proposals [24 CFR 983.51 (c )] PHA procedures for selecting PBV proposals must be designed and actually operated to provide broad public notice of the opportunity to offer PBV proposals for consideration by the PHA. The public notice procedures may include publication of the public notice in a local newspaper of general circulat ion and other means designed and actually operated to provide broad public notice. The public notice of the PHA request for PBV proposals must specify the submission deadline. Detailed application and selection information must be provided at the request o f interested parties. PHA Policy PHA Request for Proposals for Rehabilitated and Newly Constructed Units The PHA will advertise its request for proposals (RFP) for rehabilitated and newly constructed housing in the following newspapers and trade journals. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -5 Santa Monica Daily Press In addition, the PHA will post the RFP and proposal submission and rating and ranking procedures on its electronic web site. The PHA will publish its advertisement in the newspapers and trade journals mentioned above for at least one day per week for three consecutive weeks. The advertisement will specify the number of units the PHA estimates that it will be able to assist under the funding the PHA is making available. Proposals will be due in the PHA office by close of business 15 cale ndar days from the date of the last publication. The PHA reserves the right to re -open project based RFPs and to solicit additional proposals. In order for the proposal to be considered, the owner must submit the proposal to the PHA by the published deadlin e date, and the proposal must respond to all requirements as outlined in the RFP. Incomplete proposals will not be reviewed. The PHA will rate and rank proposals for rehabilitated and newly constructed housing using the following criteria: Owner ex perience and capability to operate, build or rehabilitate housing as identified in the RFP; Extent to which the project furthers the PHA goal of deconcentrating poverty and expanding housing and economic opportunities; Population served, depending on the priorities established in the PHA Annual and Five -Year Plan; If applicable, to the extent to which services for special needs populations are provided on site or in the immediate area for occupants of the property; Applicant’s demonstrated ability to obtai n financing commitments or actual financial commitments; Financial feasibility of proposed rehabilitation or new construction and operations; and Applicant experience and capacity in real estate development and property management for affordable housing; T hree factors will be considered regarding s upportive services: • Funding commitments • Experience with population • Location of services PHA Request s for Proposals for Existing Housing Units The PHA will advertise its request for proposals (RFP) for existing housing in the following newspapers and trade journals. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -6 Santa Monica Daily Press In addition, the PHA will post the notice inviting such proposal submission and the rating and ranking procedures on its electronic web site. The PHA will periodically publish its advertisement in the newspapers and trade journals mentioned above for at least one day per week for three consecutive weeks. The advertisement will specify the number of units the PHA estimates that it will be able to assist under the funding the PHA is making available. The PHA reserves the right to re - open project based RFPs and to solicit additional proposals. Owner proposals will be accepted by an established deadline and will be evaluated using the following criteria: Owner experience and capab ility to operate, build or rehabilitate housing as identified in the RFP; Extent to which the project furthers the PHA goal of de-concentrating poverty and expanding housing and economic opportunities; Population served, depending on the priorities established in the PHA Annual and Five -Year Plan; If applicable, to the extent to which services for special needs populations are provided on site or in the immediate area for occupants of the property; Applicant’s demonstrated ability to obtain financing commi tments or actual financial commitments; Financial feasibility of proposed rehabilitation or new construction and operations; and Applicant experience and capacity in real estate development and property management for affordable housing; Three factors will be considered regarding supportive services: • Funding commitments • Experience with population • Location of services PHA Selection of Pr oposals Subject to a Previous Competition under a Federal, State, or Local Housing Assistance Program The PHA may accept p roposals for PBV assistance from owners that were competitively selected under another federal, state or local housing assistance program, including projects that were competitively awarded Low -Income Housing Tax Credits on an ongoing basis. The PHA may p eriodically advertise that it is accepting proposals, in the following newspapers and trade journals: DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -7 Santa Monica Daily Press In addition to, or in place of advertising, the PHA may also directly contact specific owners that have already been selected for Federal, state, or local housing assistance based on a previously held competition, to inform them of available PBV assistance. Proposals will be reviewed on a first-come first -served basis. The PHA will evaluate each proposal on its merits using the f ollowing factors: Extent to which the project furthers the PHA goal of deconcentrating poverty and expanding housing and economic opportunities; and Extent to which the proposal comple ments other local activities such as the redevelopment of a public housing site under the HOPE VI program, the HOME program, CDBG activities, other development activities in a HUD -designated Enterprise Zone, Economic Community, or Renewal Community. PHA -O wned Units [24 CFR 983.51(e), 983.59, and Notice PIH 2015-05] A PHA -owned unit may be assisted under the PBV program only if the HUD field office or HUD -approved independent entity reviews the selection process and determines that the PHA- owned units were appropriately selected based on the selection procedures specified in the PHA administrative plan. If the PHA selects a proposal for housing that is owned or controlled by the PHA, t he PHA must identify the entity that will review the PHA proposal selection process and perform specific functions with respect to rent determinati ons and inspections. In the case of PHA -owned units, the term of the HAP contract and any HAP contract renewal must be agreed upon by the PHA and a HUD-approved independent entity. In addition, an independent entity must determine the rent to owner, the re-determined rent to owner, and reasonable rent. In addition, housing quality standards inspections must also be conducted by an independent entity. The independent entity that performs these program services may be the unit of general local government for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such government) or another HUD-approved public or private independent entity. PHA Policy The PHA , a lessee or manager of PHA -owned units may submit a propo sal for project - based housing that is owned or controlled by the PHA. If the proposal for PHA-owned housing is selected, the PHA will select an eligible entity to review the PHA selection. The PHA will obtain HUD approval of the selected entity prior to selecting the proposal for PHA -owned housing. The PHA may only compensate the independent entity and appraiser from PHA ongoing administrative fee income (including amounts credited to the administrative fee reserve). The PHA may not use other program receipts to compensate the independent entity and appraiser for their services. The PHA, independent entity, and appraiser may not charge the family any fee for the appraisal or the services provided by the independent entity. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -8 PHA N otice of Owner Selection [24 CFR 983.51(d)] The PHA must give prompt written notice to the party that submitted a selected proposal and must also give prompt public notice of such selection. Public notice procedures may include publication of public notice in a local newspaper of g eneral circulation and other means designed and actually operated to provide broad public notice. PHA Policy Within 10 business days of the PHA making the selection , the PHA will post the selected owner(s) on its website . The PHA will also notify in writi ng all owners that submitted proposals that were not selected and advise such owners of the name of the selected owner. In addition, the PHA will publish its notice for selection of PBV proposals for two consecutive days in the same newspapers and trade jo urnals the PHA used to solicit the proposals. The announcement will include the name of the owner that was selected for the PBV program. The PHA will also post the notice of owner selection on its electronic web site. The PHA will make available to any interested party its rating and ranking sheets and documents that identify the PHA basis for selecting the proposal. These documents will be available for review by the public and other interested parties for one month after publication of the notice of owner selection. T he PHA will not make available sensitive owner information that is privileged, such as financial statements and simila r information about the owner. The PHA will make these documents available for review at the PHA during normal business hours. The cost for reproduction of allowable documents will be $.20 per page. 17-II.C . HOUSING TYPE [24 CFR 983.52] The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accorda nce with an agreement to enter into a housing assistance payments contract that was executed prior to the start of construction. A housing unit is considered an existing unit for purposes of the PBV program, if, at the time of notice of PHA selection, the units substantially comply with HQS. Units for which new construction or rehabilitation was started in accordance with PBV program requirements do not qualify as existing housing. The PHA must decide what housing type, new construction, rehabilitation, or existing housing, will be used to develop project-based housing. The PHA choice of housing type must be reflected in its solicitation for proposals. 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS Ineligible Housing Types [24 CFR 983.53] The PHA may not attach or pay PBV assistance to shared housing units; units on the grounds of a penal reformatory, medical, mental, or similar public or private institution; nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care (except that assistance may be provided in assisted living facilities); units that DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -9 are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students; manufactured homes; and transitional housing. In addition , the PHA may not attach or pay PBV assistance for a unit occupied by an owner and the PHA may not select or enter into an agreement to enter into a contract or contract for a unit occupied by a family ineligible for parti cipation in the PBV program. Subsidized Housing [24 CFR 983.54] A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing: • A public housing unit; • A unit subsidized with any other form of Section 8 assistance; • A unit subsidized with any governmental rent subsidy; • A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of the housing; • A unit subsidized with Section 236 rental assistance payments (except that a PHA may attach assistance to a unit subsidized with Section 236 interest reduction payments); • A Section 202 project for non-elderly with disabilities; • Section 811 project-based supportive housing for persons with disabilities; • Section 202 supportive housing for the e lderly; • A Section 101 rent supplement project; • A unit subsidized with any form of tenant-based rental assistance; • A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or the PHA in accordance with HUD requirement s. 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08, and FR Notice 7/9/10] The PHA may provide PBV assistance only in accordance with HUD subsidy layering regulations [24 CFR 4.13] and other requirements. The subsidy layering rev iew is intended to prevent excessive public assistance by combining (layering) housing assistance payment subsidy under the PBV program with other governmental housing assistance from federal, state, or local agencies, including assistance such as tax conc essions or tax credits. The PHA must submit the necessary documentation to HUD for a subsidy layering review. Except in cases of HAP contracts for existing structures, or if such reviews have been conducted by the applicable state and local agencies (defin ed by HUD as qualified housing credit agencies, or HCAs), the PHA may not enter into an a greement to enter into a HAP contract or a HAP contract until HUD , or an independent entity approved by HUD, has conducted any required subsidy layering review and det ermined that the PBV assistance is in ac cordance with HUD subsidy layering requirements. However, in order to satisfy applicable requirements, HCAs must DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -10 conduct subsidy layering reviews in compliance with the guidelines set forth in the Federal Register notice published July 9, 2010. The contract must contain the owner's certification that the project has not received and will not receive (before or during the term of the contract) any public assistance for acquisition, development, or operation of the housing other than assistance disclosed in the subsidy layering review in accordance with HUD requirements. 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT 25 Percent per Project Cap [24 CFR 983.56(a), FR Notice 11/24/08] In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter into an a greement to enter into a contract or a contract to provide PBV assistance for units in a project , if the total number of dwelling units in the project that will receive PBV ass istance during the term of the PBV contract is more than 25 percent of the number of dwelling units (assisted or unassisted) in the project . Exceptions to 25 Percent per Project Cap [24 CFR 983.56(b), FR Notice 11/24/08] Exceptions are allowed and PBV units are not counted against the 25 percent per project cap if: • The units are in a single -family building (one to four units); • The units are excepted units in a multifamily building because they are specifically made available for elderly or disabled families or families receiving supportive services (also known as qualifying families ). PHAs must include in the PHA administrative plan the type of services offered to families for a project to qualify for the exception and the extent to which such services will be provided. It is not necessary that the services be provided at or by the project, if they are approved services. To qualify, a family must have at least one member receiving at least one qualifying supportive service. A PHA may not require participatio n in medical or disability -related services other than drug and alcohol treatment in the case of current abusers as a condition of living in an excepted unit, although such services may be offered. If a family at the time of initial tenancy is receiving, and while the resident of an excepted unit has received, FSS supportive services or any other supportive services as defined in the PHA administrative plan, and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit. The PHA must monitor the excepted family's continued receipt of supportive services and take appropriate action regarding those families that fail without good cause to complete their supportive services requirement. The PHA administrative plan must state the form and frequency of such monitoring. PHA Policy The PHA will provide PBV assistance for excepted units. Supportive services are offered but not conditional to the PBV. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -11 Promoting Partially -Assisted Buildings [24 CFR 983.56(c)] A PHA may establish local requirements designed to promote PBV assistance in partially assisted buildings. A partially assisted building is a building in which there are fewer units covered by a contract than residential units [24 CFR 983.3]. A PHA may establish a per -building cap on the number of units that will receive PBV assistance or other project-based assistance in a multifamily building containing excepted units or in a singl e-family building. A PHA may also determine not to provide PBV assistance for excepted units, or the PHA may establish a per-building cap of less than 25 percent. PHA Policy: The PHA will consider providing assistance for excepted units for multifamily buildings . Beyond that, t he PHA will not impose any further cap on the number of PBV un its assisted per building. 17-II.G. SITE SELECTION STANDA RDS Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)] The PHA may no t select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an a greement to enter into a contract or contract for units on the site, unless the PHA has determined that PBV assistance for housing at the selected site is consistent with the goal of deconcentrating poverty and expanding housing and economic opportunities. The standard for deconcentrating poverty and expanding housing and economic opportunities must be consistent with the PHA Plan under 24 CFR 903 a nd the PHA admi nistrative plan. In addition, prior to selecting a proposal, the PHA must determine that the site is su i table from the standpoint of facilitating and further ing full compliance with the applicable Civil Rights Laws, re gulations, and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR 982.401(l). PHA Policy It is the PHA goal to select sites for PBV housing that provide for deconcentrating poverty and expanding housing and economic opportunities. In com plying 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. However, the PHA will grant exceptions to the 20 percent standard where the PHA determines that the PBV assi stance will complement other local redevelopment activities designed to deconcentrate poverty and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in: A census tract in which the proposed PBV development will be located in a HUD- designated Enterprise Zone, Economic Community, or Renewal Community; A census tract where the concentration of assisted units will be or has decreased as a result of public housing demolition and HOPE VI r edevelopment; DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -12 A census tract in which the proposed PBV development will be located is undergoing significant revitalization as a result of state, local, or federal dollars invested in the area; A census tract where new market rate units are being developed where such market rate units will positively impa ct the poverty rate in the area; A census tract where there has been an overall decline in the poverty rate within the past five years; or A census tract where there are meaningful opportunities for educat ional and economic advancement. Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] The PHA may not enter into an agreement to enter into a contract nor enter into a contract for existing or rehabilitated housing until it has determined that the site complies with the HUD required site and neighborhood standards. The site must: • Be adequate in s ize, exposure, and contour to accommodate the number and type of units proposed; • Have a dequate utilities and streets available to s ervice the site; • Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • Be a ccessible to social, recreational, educational, commercial, and health fac ilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Be located so that travel time and cost via public transportation or private automobile from th e neighborhood to places of employment is not excessive . New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] In order to be selected for PBV assistance, a site for newly constructed housing must meet the following HUD required site and neighborhood standards: • The site must be adequate in s ize, exposure, and contour to accommodate the number and type of units proposed; • The site must have a dequate utilities and streets available to service the site; • The sit e must not be located in an area of minority concentration unless the PHA determines that sufficient, comparable opportunities exist for housing for minority families in the income range to be served by the proposed project outside areas of minority concentration or that the project is necess ary to meet overriding housing needs that cannot be met in that housing market area; • The site must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non-minority residents in the area. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -13 • The site must p romote a greater choice of housing opportunities and avoid undue concentration of assisted persons in areas containing a high proportion of low-income persons; • The neighborhood must not be one that is seriously detrimental to family life or in which substandard dwellings or other undesirable conditions predominate; • The housing must be a ccessible to social, recreational, educational, commercial, and health facilities and services and other municipal facilities and services equivalent to those found in neighborhoods consisting largely of unassisted similar units; and • Except for housing designed for elderly persons, the housing must be located so that travel time and cost via public transportation or private automobile from the neighborhood to p laces of employment is not excessive . 17-II.H . ENVIRONMENTAL REVIEW [24 CFR 983.58] The PHA activities under the PBV program are subject to HUD environmental regulations in 24 CFR parts 50 and 58. The responsible entity is responsible for performing the federal environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the environmental revie w requirements. In the case of existing housing, the responsible entity that is responsible for the environmental review under 24 CFR part 58 must determine whether or not PBV assistance is categorically excluded from review under the National Environmental Policy Act and whether or not the assistance is subject to review under the laws and authorities listed in 24 CFR 58.5. The PHA may not enter into an agreement to enter into a HAP contract or a HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for PBV activities under this part, until the environmental review is completed. The PHA must su pply all available, relevant information necessary for the responsible entity to perform any required environmental review for any site. The PHA must require the owner to carry out mitigating measures required by the responsible entity (or HUD, if applicab le) as a resu lt of the environmental review. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -14 PART III: DWELLING UNITS 17-III.A. OVERVIEW This part identifies the special housing quality standards that apply to the PBV program, housing accessibility for persons with disabilities, and special pro cedures for conducting housing quality standards inspections. 17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101] The housing quality standards (HQS) for the tenant-based program , including those for special housing types, generally apply to the PBV progr am. HQS requirements for share d housing, manufactured home space rental, and the homeownership option do not apply because these housing types are not assisted under the PBV program. The physical condition standards at 24 CFR 5.703 do not apply to the PBV program. Lead -b ased Paint [24 CFR 983.101(c)] The lead -based paint requirements for the tenant -based voucher program do not apply to the PBV program. Instead, The Lead -based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, and R, apply to the PBV program. 17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. The PHA must ensure that the percentage of accessible dwelling units complies with the requirements of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C. Housing first occupied after March 13, 1991, must comply with design and construction requirements of the Fair Housing Amendments Act of 1988 and implementing regulations at 24 CFR 100.205, as applicable. (24 CFR 983.102) 17-III.D. INSPECTING UNITS Pre -s election Inspection [24 CFR 983.103(a)] The PHA must examine the proposed site before the proposal selection date. If the units to be assisted alrea dy exist, the PHA must inspect all the units before the proposal selection date, and must determine whether the units substantially comply with HQS. To qualify as existing housing, units must substantially comply with HQS on the proposal selection date. H owever, the PHA may not execute the HAP contract until the units fully comply with HQS. Pre -HAP C ontract Inspections [24 CFR 983.103(b)] The PHA must inspect each contract unit before execution of the contract . The PHA may not enter into a contract coverin g a unit until the unit fully complies with HQS. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -15 Turnover Inspections [24 CFR 983.103 (c)] Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the u nit fully complies with HQS. Annual Inspections [24 CFR 983.103(d)] At least annually during the term of the contract, the PHA must inspect a random sample, consisting of at least 20 percent of the contract units in each building to determine if the contra ct units and the premises are maintained in accordance with HQS. Turnover inspections are not counted toward meeting this annual inspection requirement. If more than 20 percent of the annual sample of inspected contract units in a building fails the initia l inspection, the PHA must reinspect 100 percent of the contract units in the building. Other Inspections [24 CFR 983.103(e)] The PHA must inspect contract units whenever needed to determine that the contract units comply with HQS and that the owner is providing maintenance, utilities, and other services in accordance with the contract. The PHA must take into account complaints and any other information coming to its attention in scheduling inspections. The PHA must conduct follow-up inspections needed to d etermine if the owner (or, if applicable, the family) has corrected an HQS violation, and must conduct inspections to determine the basis for exercise of contractual and other remedies for owner or family violation of HQS. In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative sample of both tenant-based and project-based units. Inspecting PHA -Owned Units [24 CFR 983.103(f)] In the case of PHA -owned units, the inspections must be performed by an independent agency designated by the PHA and approved by HUD. The independent entity must furnish a copy of each inspection report to the PHA and to the HUD field office where the project is located. The PHA must take all necessary actions in response to inspection rep orts from the independent agency, including exercise of contractual remedies for violation of the HAP contract by the PHA -owner. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -16 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS 17-IV.A. OVERVIEW [24 CFR 983.151] There are specific requirements that ap ply to PBV assistance for newly constructed or rehabilitated housing that do not apply to PBV assistance in existing housing. This p art describes the requirements unique to this type of assistance. Housing selected for this type of assistance may not at a later date be selected for PBV assistance as existing housing. 17-IV.B. A GREEMENT TO ENTER INTO HAP CONTRACT In order to offer PBV assistance in rehabilitated or newly constructed uni ts, the PHA must enter into an agreement to enter into contract (Agreement) with the owner of the property. The Agreement must be in the form required by HUD [24 CFR 983.152(b )]. The PHA may not enter into an Agreement if commencement of construction or rehabilitation has commenced after proposal submission [24 CFR 983.152(c)]. Construction begins when excavation or site preparation (including clearing of the land) begins for the housing. Rehabilitation begins with the physical commencement of rehabilitation activity on the housing. In the Agreement the owner agrees to develop the PBV contract units to comply with HQS, and the PHA agrees that upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a contract with the owner for the contract units [24 CFR 983.152(a )]. Cont ent of the Agreement [24 CFR 983.152(c)] At a minimum, the Agreement must describe the following features of the housing to be developed and assisted under the PBV program: • Site and the location of the contract units; • Number of contract units by area (size) and number of bedrooms and bathrooms; • Services, maintenance, or equipment to be supplied by the owner without charges in addition to the rent; • Utilities available to the contract units, including a specification of utility services to be paid by the owne r and utility services to be paid by the tenant; • An indication of whether or not the design and construction requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973 apply to units under the Agreement. If applicable, any requi red work item resulting from these requirements must be included in the description of work to be performed under the Agreement; • Estimated initial rents to owner for the contract units; • Description of the work to be performed under the Agreement. For rehab ilitated units, the description must include the rehabilitation work write up and, where determined necessary by the PHA, specifications and plans. For new construction units, the description must include the working drawings and specifications. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -17 • Any additi onal requirements for quality, architecture, or design over and above HQS. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -18 Execution of the Agreement [24 CFR 983.153] The Agreement must be executed promptly after PHA notice of proposal selection to the selected owner. Generally , the PHA may not enter into the Agreement with the owner until the subsidy layering review is completed. Likewise, the PHA may not enter into the Agreement until the environmental review is completed and the PHA has received environmental approval. However, the PHA does not need to conduct a subsidy layering review in the case of a HAP contract for an existing structure or if the applicable state or local agency has conducted such a review. Similarly, environmental reviews are not required for existing structures unless otherwise required by law or regulation. PHA Policy The PHA will enter into the Agreement with the owner within 10 business days of receiving both environmental approval and notice tha t subsidy layering requirements have been met , and also before construction or reh abilitation work requirements have been met, and also before construction or rehabilitation work are started. 17-IV.C. CONDUCT OF DEVELOPMENT WORK Labor Standards [24 CFR 983.154(b)] If an Agreement covers the development of nine or more contract units (whether or not completed in stages), the owner and the owner’s contractors and subcontractors must pay Davis- Bacon wages to laborers and mechanics employed in the development of housing. The HUD- prescribed form of the Agreement will include the labor standards clauses required by HUD, such as those involving Davis-Bacon wage rates. The owner, contractors, and subcontractors must also comply with the Contract Work Hours and Safety Standards Act, Department of Labor regulations in 29 CFR part 5, and other appl icable federal labor relations laws and regulations. The PHA must monitor compliance with labor standards. Equal Opportunity [24 CFR 983.154(c)] The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the implementing regu lations at 24 CFR part 135. The owner must also comply with federal equal employment opportunity requirements. Owner Disclosure [24 CFR 983.154(d) and (e)] The Agreement and contract must include a certification by the owner that the owner and other projec t principals are not on the U.S. General Services Administration list of parties excluded from federal procurement and non-procurement programs. The owner must also disclose any possible conflict of interest that would be a violation of the Agreement, the contract, or HUD regulations. 17-IV.D. COMPLETION OF HOUSING The Agreement must specify the deadlines for completion of the housing, and the owner must develop and complete the housing in accordance with these deadlines. The Agreement must also specify the deadline for submission by the owner of the required evidence of completion. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -19 Evidence of Completion [24 CFR 983.155(b)] At a minimum, the owner must submit the following evidence of completion to the PHA in the form and manner required by the PHA: • Owner certification that the work has been completed in accordance with HQS and all requirements of the Agreement; and • Owner certification that the owner has complied with labor standards and equal opportunity requirements in development of the housing. At the PHA’s discretion , the Agreement may specify additional documentation that must be submitted by the owner as evidence of housing completion. PHA Policy The PHA will determine the need for the owner to submit additional documentation as evidence of housing completion on a case-by -case basis depending on the nature of the PBV project. The PHA will specify any additional documentation requirements in the Agreement to enter into contract. PHA Acceptance of Completed Units [24 CFR 983.156] Upon notice from the ow ner that the housing is completed, the PHA must inspect to determine if the housing has been completed in accordance with the Agreement, including compliance with HQS and any additional requirements imposed under the Agreement. The PHA must also determine if the owner has submitted all required evidence of completion. If the work has not been completed in accordance with the Agreement, the PHA must not enter into contract. If the PHA determines the work has been completed in accordance with the Agreement a nd that the owner has submitted all required evidence of completion, the PHA must submit the contract for execution by the owner and must then execute the contract. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -20 PART V : HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) 17-V .A. OVERVIEW The PHA must enter into a contract with an owner for units that are receiving PBV assistance. The purpose of the contract is to provide housing assistance payments for eligible families. Housing assistance is paid for contract units leased and occupied by eligible families duri ng the contract term. The contract must be in the form required by HUD [24 CFR 983.202]. 17-V .B. HAP CONTRACT REQUIREMENTS Contract Information [24 CFR 983.203] The contract must specify the following information: • The total number of contract units by number of bedrooms; • The project’s name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; • The number of contract units in each building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; • Services, maintenance, and equipment to be supplied by the owner and included in the rent to o wner; • Utilities available to the contract units, including a specification of utility services to be paid by the owner (included in rent) and utility services to be paid by the tenant; • Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation A ct of 1973 and implementing regulations at 24 CFR part 8; • The contract term; • The number of units in any project that will exceed the 25 percent per project cap, which will be set -aside for occupancy by qualifying families; and • The initial rent to owner for the first 12 months of the contract term. Execution of the HAP Contract [24 CFR 983.204] The PHA may not enter into a contract until each contract unit has been inspected and the PHA has determined that the unit complies with the Housing Quality Standards (HQS). For existing housing, the contract must be executed promptly after the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated housing the contract must be executed after the PHA has inspected the compl eted units and has determined that the units have been completed in accordance with the a greement to e nter into the contract , and the owner furnishes all required evidence of completion. PHA Policy For existing housing, t he contract will be executed within 10 business days of the PHA determining that all units pass HQS. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -21 For rehabilitated or newly constructed housing, the contract will be executed within 10 business days of the PHA determining that the units have been completed in accordance with the agreem ent to enter into contract , all units meet HQS, and the o wner has submitted all required evidence of completion. Term of HAP Contract [FR Notice 11/24/08] The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no more than 15 years. PHA Policy The term of all PBV contracts will be negotiated with the owner on a case-by -case basis . At any time before expiration of the contract, the PHA may extend the term of the contract for an additional term of up to 15 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income families. Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by H UD at the time of the extension. PHA Policy When determining whether or not to extend an expiring PBV contract, the PHA will consider several factors including, but not limited to: The cost of extending the contract and the amount of available budget autho rity ; The condition of the contract units; The owner’s record of compliance with obligations under th e contract and lease(s); Whether the location of the units continues to support the goals of deconcentrating poverty and expanding housing opportunities; and Whether the funding could be used more appropriately for tenant-based assistance . Termination by PHA [24 CFR 983.205(c)] The contract must provide that the term of the PHA’s contractual commitment is subject to the availability of sufficient appropriate d funding as determined by HUD or by the PHA in accordance with HUD instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding under the ACC from such appropriations, to make full payment of housing assist ance payments payable to the owner for any contract year in accordance with the terms of the contract. If it is determined that there may not be sufficient fu nding to continue housing assistance payments for all contract units and for the full term of the contract, the PHA may terminate the contract by notice to the owner. The termination must be implemented in accordance with HUD instructions. Termination by Owner [24 CFR 983.205(d)] DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -22 If in accordance with program requirements the amount of rent to an owner for any contract unit is reduced below the amount of the rent to owner at the beg inning of the contract term , the owner may terminate the contract by giving notice to the PHA. In this case, families living in the contract units must be offered tenant -ba sed assistance. Remedies for HQS Violations [24 CFR 983.207(b)] The PHA may not make any payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the PHA may exercise any of its remedies under the contract, for any or all of the contract units. Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the contract. PHA Policy The PHA will abate and terminate PBV contracts for non-compliance with HQS in accordance with the policies used in the tenant -based voucher program. These policies are contained in Section 8 -II.G., Enforcing Owner Compliance. 17-V.C. AMENDMENTS TO THE H AP CONTRACT Substitution of Contract Units [24 CFR 983.206(a)] At the PHA’s discretion and subject to all PBV requirements, the contract may be amended to substitute a different unit with the same number of bedrooms in the same building for a previously covered contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and determine the reasonable rent for the unit. Addition of Contract Units [24 CFR 983.206(b)] At the PHA’s disc retion and subject to the restrictions on the number of dwelling units that can receive PBV assistance per building and on the overall size of the PHA’s PBV program, a contract may be amended during the three-year period following the execution date of the contract to add additional PBV units in the same building. This type of amendment is subject to all PBV program requirements except that a new PBV proposal is not required. PHA Policy The PHA will consider adding contract units to the contract when the P HA determines that additional housing is needed to serve eligible low-income families . Circumstances may include, but are not limited to : The local housing inventory is reduced due to a disaster (either due to loss of housing units, or an influx of displac ed families); and Voucher holders are having difficulty finding units that meet program requirements . 17-V.D. HAP C ONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.206(c) and 983.302(e)] DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -23 The contract year is the period of 12 calendar months preceding each annual anniversary of the contract during the contract term. The initial contract year is calculated from the first day of the first calendar month of the contract term. The annual anniversary of the contract is the first day of the first calendar month after the end of the preceding contract year. There is a single annual anniversary and expiration date for all units under a particular contract, even in cases where contract units are placed under the contract in stages (on different dates) or units are added by amendment. The anniversary and expiration dates for all units coincide with the dates for the contract units that were originally placed under contract. 17-V.E . OWNER RESPONSIBILITIES UNDER THE HAP [24 CFR 983.209] When the owner executes the contract s/he certifies that at such execution and at all times during the term of the contract : • All contract units are in good condition and the owner is maintaining the premises and contract units in accordance with HQS; • The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP contract and the leases ; • Each contract unit for which the owner is receiving HAP, is leased to an eligible family referred by the PHA, and the lease is in accordance with the contract and HUD requirements; • To the best of the owner’s knowledge the family resides in the contract unit for which the owner is receiving HAP, and the unit is the family’s only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit; • The amount of the HAP the owner is receiving is correct under the contract; • The rent for contract units does not exceed rents charged b y the owner for comparable unassisted units; • Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit ; and • The family does not own or have any interest in the contract unit. 17-V.F. ADDITIONAL HAP REQUIREMENTS Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.207(a)] The owner is required to maintain and operate the contract units and premises in accordance with HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the contract with the PHA and in the lease with each assisted family. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -24 The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional require ments must be specified in the A gre ement to enter into a contract and the contract. These requirements must be in addition to, not in place of, compliance with HQS. PHA Policy The PHA will identify the need for any special features on a case -by -case basis depending on the intended occupancy of the PBV project. The PHA will specify any special design standards or additional requirements in the invitation for PBV proposals, the a greement to enter into contract . V acancy Payments [24 CFR 983.352(b)] At the discretion of the PHA, the contract may provide for vacancy payments to the owner for a PHA -determined period of vacancy extending from the beginning of the first calendar month after the move -out month for a period not exceeding two full months following the move-out month. The amount of the v acancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant’s security deposit). PHA Policy Th e PHA will decide on a case -by -case basis if the PHA will provide vacancy payments to the owner. The contract with the owner will contain any such agreement , including the amount of the vacancy payment and the period for which the owner will qualify for th ese payments. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -25 PART VI : SELECTION OF PBV PROGRAM PARTICIPANTS 17-VI.A. OVERVIEW Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply to the PBV program. This includes requirements related to determining eligibility and sel ecting applicants from the waiting list. Even with these similarities, there are requirements that are unique to the PBV program. This p art describes the requirements and policies related to eligibility and admission to the PBV program. 17-VI.B. ELIGIBILIT Y FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)] The PHA may select families for the PBV program from those who are participants in the PHA’s tenant -based voucher program and from those who have applied for admission to the voucher program. For voucher par ticipants, eligibility was determined at original admission to the voucher program and does not need to be redetermined at the commencement of PBV assistance. For all others, eligibility for admission must be determined at the commencement of PBV assistanc e. Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant -based voucher program. Applicants must qualify as a family as defined by HUD and the PHA, have income at or below HUD-specified income limits, and qua lify on the basis of citizenship or the eligible immigration status of family members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant family must provide social security information for family members [24 CFR 5.216 and 5.218] and consent to the PHA’s collection and use of family information regarding income, expenses, and family composition [24 CFR 5.230]. An app licant family must also meet HUD requirements related to current or past criminal activity. PHA Policy The PHA will determine an applicant family’s eligibility for the PBV program in accordance with the policies in Chapter 3 . In -Place Families [24 CFR 983.251(b)] An eligible family residing in a proposed PBV contract unit on the date the proposal is selected by the PHA is consider ed an “in -place family .” These f amilies are afforded protection from displacement under the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation) is occupied by an eligible family on the date the propo sal is selected, the in -place family must be placed on the PHA’s waiting list . Once the family’s continued eligibility is determined (the PHA may deny assistance to an in -place family for the grounds specified in 24 CFR 982.552 and 982.553), the family mus t be given an absolute selection preference and the PHA must refer these families to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in -place families is not subject to income targeting requirements. This regulatory protection from displacement does not apply to families that are not eligible to participate in the program on the proposal selection date. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -26 17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)] The PHA may establish a separate waiting list for PBV units or it may use the same waiting list for both tenant-based and PBV assistance. The PHA may also merge the PBV waiting list with a waiting list for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waiting list for PBV assistance, t he PHA must offer to place applicants who are listed on the tenant-based waiting list on the waiting list for PBV assistance . If a PHA decides to establish a separate PBV waiting list, t he PHA may use a single waiting list for t he PHA’s whole PBV program , or it may establish separate waiting lists for PBV units in particular projects or buildings or for sets of such units. PHA Policy The PHA will maintain the same waiting list for both tenant -based and PBV assistance. 17-VI.D. SELECTION FROM THE WAITING LIST [24 CFR 983.251(c)] Applicants who will occupy units with PBV assistance must be selected from the PHA’s waiting list. The PHA may establish selection criteria or preferences for occupancy of particular PBV units. The PHA may place families referred by the PBV owner on its PBV waiting list. Income Targeting [24 CFR 983.251(c)(6)] At least 75 percent of the families admitted to the PHA’s tenant -based and project-based voucher programs during the PHA fiscal year from the waiting list must be extremely low income families. The income targeting requirement applies to the total of admissions to both programs. Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting families to occupy PBV units that have special access ibility features for persons with disabilities, the PHA must first refer families who require such features to the owner. Preferences [24 CFR 983.251(d), FR Notice 11/24/08] The PHA may use the same selection preferences that are used for the tenant -based voucher program, establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular PBV developments or units. The PHA must provide an absolute selection preference for eligible in -place families as described in Sect ion 17-VI.B. above. Although the PHA is prohibited from granting preferences to persons with a specific disability, the PHA may give preference to disabled families who need services offered at a particular project or site if t he preference is limited to families (including individuals): • W ith disabilities that significantly interfere with their ability to obtain and maintain themselves in housing; • Who, without appropriate supportive services, will not be able to obtain or maintain themselves in housing; and • For whom such services cannot be provided in a non-segregated setting . In advertising such a project, the owner may advertise the project as offering services for a particular type of disability ; however, the project must be open to all otherwise eligibl e disabled persons who may benefit from services provided in the project. In these projects, disabled DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -27 residents may not be required to accept the particular services offered as a condition of occupancy. If the PHA has projects with more than 25 percent of the units receiving project -based assistance because those projects include “excepted units” (units specifically made available for elderly or disabled families, or families receiving supportive services), the PHA must give preference to such families when referring families to these units [24 CFR 983.261(b)]. PHA Policy The PHA will provide a selection preference when required by the regulation (e.g., eligible in -place familie s , qualifying families for “excepted units ,” mobility impaired persons for access ible units). The PHA will offer additional preferences for the PBV program or for particular PBV projects or units. 17-VI .E. OFFER OF PBV ASSISTANCE Refusal of Offer [24 CFR 983.251(e)(3)] The PHA is prohibited from taking any of the following actions against a family who has applied for, received, or refused an offer of PBV assistance: • Refuse to list the applicant on the waiting list for tenant -based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant’s place on the waiting list based on preference, date, and time of application, or other factors affecting selection under the PHA’s selection policy; • Remove the applicant from the tenant -based voucher waiting list. Disapproval by Landlord [24 CFR 983.251(e )(2)] If a PBV owner rejects a family for admission to the owner’s units, such rejection may not affect the family’s position on the tenant-based voucher waiting list. Acceptance of Offer [24 CFR 983.252] Family Briefing When a family accepts an offer for PBV assistance, the PHA must give the family an oral briefing. The briefing must include information on how the program works and the responsibilities of the family and owner. In addition to the oral briefing, the PHA must provide a briefing packet that ex plains how the PHA determines the total tenant payment for a family, the family obligations under the program, and applicable fair housing information. Persons with Disabilities If an applicant family’s head or spouse is disabled, the PHA must assure effec tive communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referr ing a family that includes a member with mobility impairment to an appropriate accessible PBV unit. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -28 Persons with Limited English Proficiency The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in ac cordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2). 17-VI.F. OWNER SELECTION OF TENANTS The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant’s ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds fo r any rejection [24 CFR 983.253(a)(2) and (a)(3)]. Leasing [24 CFR 983.253(a)] During the term of the contract, the owner must lease contract units to eligible families that are selected and referred by the PHA from the PHA’s waiting list. The contract uni t leased to the family must be the appropriate size unit for the size of the family, based on the PHA’s subsidy standards. Filling Vacancies [24 CFR 983.254 (a)] The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. A fter receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of families for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to minimize the likelihood and length of any va cancy. PHA Policy The owner must notify the PHA in writing (mail, or e -mail) within 5 business days of learning about any vacancy or expected vacancy. The PHA will make every reasonable effort to refer families to the owner within 10 business days of receiving such notice from the owner. Reduction in Contract Units Due to Vacancies [24 CFR 983.254(b)] If any contract units have been vacant for 60 or more days since owner notice of the vacancy, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (according to the bedroom size) that have been vacant for this period. PHA Policy If any contract units have been vacant for 60 days, the PHA will give notice to the owner t hat the contract will be amended to reduce the number of contract units that have been vacant for this period. The PHA will provide the notice to the owner within 10 business days of the 60 th day of the vacancy. The amendment to the contract will be effective the 1 st day of the month following the date of the PHA’s notice. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -29 17-VI.G. TENANT SCREENING [24 CFR 983.255] PHA Responsibility The PHA is not responsible or liable to the owner or any other person for the family’s behavior or suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for tenancy and may deny applicants based on such screening. PHA Policy The PHA will not conduct screening to determine a PBV applicant family’s suitability for tenancy. The P HA must provide the owner with an applicant family’s current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the family’s current landlord and any prior landlords. In addition, the PHA may offer the owner other information the PHA may have about a family, including information about the tenancy history of family members or about drug trafficking and criminal activity by family members. The PHA must provide applicant families a description of the PHA policy on providing information to owners, and the PHA must give the same types of information to all owners. The PHA may not disclose to the owner any confidential information provided in response to a 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 [24 CFR 5.2007(a)(4)]. PHA Policy The PHA will inform owners of their responsibility to screen prospective tenants, and will provide owners with the required known name and address information, at the time of the turnover HQS inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history, criminal history, etc. Owner Responsibili ty The owner is responsible for screening and selection of the family to occupy the owner’s unit. When screening families the owner may consider a family’s background with respect to the following factors: • Payment of rent and utility bills; • Caring for a un it and premises; • Respecting the rights of other residents to the peaceful enjoyment of their housing; • Drug -related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and • Compliance with other essential conditions of tenancy. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -30 PART V I I: OCCUPANCY 17-VI I .A. OVERVIEW After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the family will sign the lease and occupancy of the unit will begin . 17-VI I.B. LEASE [24 CFR 983.256] The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner. Form of Lease [24 CFR 983.256(b)] The tenant and the owner must enter into a written lease agreement that is signed by both parties. If an owner uses a standard lease form for rental units to unassisted tenants in the locality or premise s, the same lease must be used for assisted tenants, except that the lease must include a HUD -required tenancy addendum. The tenancy addendum must include, word-for -word, all provisions required by HUD. If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease. The PHA may review the owner’s lease form to determine if the lease complies with state and local law. If the PHA determines that the lease does not comply w ith state or local law, the PHA may decline to approve the tenancy. PHA Policy The PHA may review the owner’s lease for compliance with state or local law. Lease Requirements [24 CFR 983.256(c)] The lease for a PBV unit must specify all of the following in formation: • The names of the owner and the tenant; • The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit); • The term of the lease (initial term and any provision for renewal); • The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements; • A specification of the services, maintenance, equipment, and utilities that will be provide by the owner; and • The amount of any charges for food, furniture, or supportive services. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -31 Tenancy Addendum [24 CFR 983.256(d)] The tenancy addendum in the lease must state: • The program tenancy requirements; • The composition of the household as approved by the PHA (the names of family members and any P HA -approved live-in aide); • All provisions in the HUD-required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease. Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)] Th e initial lease term must be for at least one year. Upon expiration of the lease, an owner may renew the lease, refuse to renew the lease for “good cause,” or refuse to renew the lease without good cause. If the owner refuses to renew the lease without good cause, the PHA must provide the family with a tenant -based voucher and remove the unit from the PBV contract. Changes in the Lease [24 CFR 983.256(e)] If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes. The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenant and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment. The PHA must redetermine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change. Owner Termination of Tenancy [24 CFR 983.257] With two exceptions, the owner of a PBV unit may terminate tenancy for the sa me reasons an owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310 ). In the PBV program, terminating tenancy for “good cause” does not include doing so for a business or economic reason, or a desire to use the unit for personal or family use or other non-residential purpose. Non -Compliance with Supportive Services Requirement [24 CFR 983.257(c), FR Notice 11/24/08] If a family is living in a project -based unit that is excepted from the 25 percent per project cap on project-basing because of participation in a supportive services program (e.g., Family Self - Sufficiency), and the family fails to complete its supportive services requirement without good cause, such failure is grounds for lease termination by the owner. Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] The owner may specify in the lease a maximum period of tenant absence fr om the unit that is shorter than the maximum period permitted by PHA policy. According to program requirements, the family’s assistance must be terminated if tenants are absent from the unit for more than90 consecutive days. Exceptions may be made for medical reasons, in -patient substance treatment, DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -32 hospitalizations, family care for medical reasons, reserve or active military lea ve, domestic violence, or with the request of a reasonable accommodation. Security Deposits [24 CFR 983.258] The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants. PHA Policy The PHA will allow the owner to collect a security deposit in the amount the owner determines is appropriate and which is consistent with state regulations. When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease. The owner must give the tenant a written list of al items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the bal ance to the tenant. If the security deposit does not cover the amount owed by the tenant under the lease, the owner may seek to collect the balance f ro m the tenant. The PHA has no liability or responsibility for payment of any amount owed by the family to the owner. 17-VI I.C. MOVES O vercrowded, Under -Occupied, and Accessible Units [24 CFR 983.259] If the PHA determines that a family is occupying a wrong size unit, based on the PHA’s subsidy standards, or a unit with accessibility features that the family do es not require, and the unit is needed by a family that does require the features, t he PHA must promptly notify the family and the owner of this determination, and the PHA must offer the family the opportunity to receive continued housing assistance in another unit. P HA Policy The PHA will notify the family and the owner of the family’s need to move based on the occupancy of a wrong -size or accessible unit within 10 business days of the PHA’s determination . The PHA will offer the family the following types of continued assistance in the following order, based on the availability of assistance: PBV assistance in the same building or project; PBV assistance in another project; and Tenant -based voucher assistance . If the PHA offers the family a tenant -based voucher, the PHA must terminate the housing assistance payments for a wrong -sized or accessible unit at expiration of the term of the family’s voucher (including any extension granted by the PHA). If the PHA offers the family another form of assistance that i s not a tenant-based voucher, and the family does not accept the offer, does not move out of the PBV unit within a reasonable time DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -33 as determined by the PHA, or both, the PHA must terminate the housing assistance payments for the unit at the expiration of a reasonable period as determined by the PHA. PHA Policy When the PHA offers a family another form of assistance that is not a tenant-based voucher, the family will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the family does not move out within this 30-day time frame, the PHA will terminate the housing assistance payments at the expiration of this 30-day period. The PHA may make exceptions to this 30-day period if needed for reasons beyond the family’s con trol such as death, serious illness, or other medical emergency of a family member. Family Right to Move [24 CFR 983.260] The family may terminate the lease at any time after the first year of occupancy. The family must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the PHA. If the family wishes to move with continued tenant-based assistance, the family must contact the PHA to request the rental assistance prior to providing notice to terminate th e lease. If the family terminates the lease in accordance with these requirements, the PHA is required to offer the family the opportunity for continued tenant-based assistance, in the form of a voucher or other comparable tenant-based rental assistance . If voucher or other comparable tenant-based assistance is not immediately available upon termination of the family’s lease in the PBV unit, the PHA must give the family priority to receive the next available opportunity for continued tenant -based assistance . If the family terminates the assisted lease before the end of the first year, the family relinquishes the opportunity for continued tenant-based assistance. 17-VI I.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.261 , FR Notice 11/24/08] The PHA may not pay housing assistance under a PBV HAP contract for more than 25 percent of the number of dwelling units in a project unless the units are [24 CFR 983.56]: • In a single-family building; • Specifically made available for elderly or disabled families; or • Specifically made available for families receiving supportive services as defined by the PHA . A t least one member must be receiving at least on e qualifying supportive service. If a family at the time of initial tenancy is receiving and while the resident of an ex cepted unit has received Family Self -Sufficiency (FSS) supportive services or any other service as defined by the PHA and successfully completes the FSS contract of participation or the supportive services requirement, the unit continues to count as an excepted unit for as long as the family resides in the unit. A family (or remaining members of a family) residing in an excepted unit that no longer meets the criteria for a “qualifying family” in connection with the 25 percent per project cap exception DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -34 (e.g., the family does not successfully complete supportive services requirements, or due to a change in family composition the family is no longer elderly or disabled), must vacate the unit within a reasonable period of time established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the non-qualifying family. If the family fails to vacate the unit within the established time, the unit must be removed from the contract unless the project is partially assisted, and it is possib le for the contract to be amended to substitute a different unit in the building in accordance with program requirements; or the owner terminates the lease and evicts the family. The housing assistance payments for a family residing in an excepted unit tha t is not in compliance with its family obligations to comply with supportive services requirements must be terminated by the PHA. PHA Policy The PHA will consider provid in g PBV assistance for excepted units. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -35 PART V I II: DETERMINING RENT TO OWNER 17-VI II.A. OVERVIEW The amount of the initial rent to an owner of units receiving PBV assistance is established at the beginning of the contract term. Although for rehabilitated or newly constructed housing, the agreement to e nter into c ontract (Agreement) states th e estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the contract term. During the tem of the contract, the rent to owner is redetermined at the owner’s request in accordance with program requirements, and at such time that there is a five percent or greater decrease in the published FMR. 17-VI II.B. RENT LIMITS [24 CFR 983.301] Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts: • An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or any HUD -approved exception payment standard) for the unit bedroom size minus any utility allowance; • The reasonable rent; or • The rent req uested by the owner. Certain Tax Credit Units [24 CFR 983.301(c), FR Notice 11/24/08 ] For certain tax credit units, the rent limits are determined differently than for other PBV units. The se different limits apply to contract units that meet all of the fol lowing criteria: • The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986; • The contract unit is not located in a qualified census tract; • T here are comparable tax credit units of the same bedroom size as the contrac t unit in the same building, and the comparable tax credit units do not have any form of rental assistance other than the tax credit ; and • The tax credit rent exceeds a PHA -determined amount (not to exceed 110 percent of the fair market rent or any approved exception payment standard); For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of: • The tax credit rent minus any utility allowance ; • The reasonable rent; or • The rent requested by the owner. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -36 However, PHAs are permitted to use the higher Section 8 rent for a tax credit unit if the tax credit rent is less than the amount that would be permitted under Section 8. In these cases, Section 8 rent reasonableness requirements must continue to be met. Definitions A qual ified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD. Tax credit rent is the rent charged for comparable units of the same bedroom size in the building that also receive the low -income housing tax credit but do not have any additional rental assistance (e.g., tenant -based voucher assistance). Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] When determining the initial rent to owner, the PHA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30-day period immediately before the redeterminati on date. Any HUD -approved exception payment standard amount under the tenant-based voucher program also applies to the project-based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program. Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program. The same utility allowance schedule applies to both the tenant-based and project-based voucher programs. PHA Policy Upon written request by the owner, the PHA will cons ider using the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent. T he owner must explain the need to use the previous FMRs or utility allowance s and include documentation in support of the request . The PHA will review and make a decision based on the circumstances and merit of each request . In addition to considering a written request from an owner, t he PHA may decide to use the FMR or utility allowances in effect during the 30 -day per iod before the start date of the contract , or redetermination of rent , if the PHA determines it is necessary due to PHA budgetary constraints. Redetermination of Rent [24 CFR 983.302] The PHA must redetermine the rent to owner upon the owner’s request or w hen there is a five percent or greater decrease in the published FMR. Rent Increase If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the contract (see Section 17 -V.D.). T he requ est must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -37 accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs). PHA Policy An owner’s request for a rent increase m ust be submitted to the PHA 60 days prior to the anniversary date of the contract , and must include the new rent amount the owner is proposing. The PHA may not approve and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance. Rent Decrease If there is a decrease in the rent to owner, as established in accordanc e with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment. Notice of Rent Change The rent to owner is r edetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the contract. The adjusted amount of rent to owner applies fo r the period of 12 calendar months from the annual anniversary of the contract. PHA Policy The PHA will provide the owner with at least 30 days written notice of any change in the amount of rent to owner. PHA -Owned Units [24 CFR 983.301(g)] For PHA -owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the contract are determined by the independent entity approved by HUD. The PHA must use the rent to owner established by the independent entity. 17-VIII.C. R EASONABLE RENT [24 CFR 983.303] At the time the initial rent is established and all times during the term of the contract , the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA. When Rent Reasonable De terminations A re Required The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur : • T here is a five percent or greater decrease in the published FMR in effect 60 days before the contract anniversa ry (for the unit sizes specified in the contract) as compared with the FMR that was in effect one year before the contract anniversary date ; DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -38 • The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant ; • T he c ontract is amended to substitute a different contract unit in the same building ; or • There is any other change that may substantially affect the reasonable rent . How to Determine Reasonable Rent The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the ameni ties, housing services maintenance, and utilities to be provided by the owner. Comparability Analysis For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project - based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the pro perty. PHA -O wned Units For PHA -owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reason able rent for PHA -owned units to the PHA and to the HUD field office where the project is located. Owner Certification of Reasonable Rent By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units in the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere. 17-VI II.D. EFFECT OF OTHER SUBS IDY AND RENT CONTROL In addition to the rent limits discussed in Section 17 -VI I I.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-II.D ). Other Subsidy [24 CFR 983.304] At its discretion, a PHA may reduce the initial rent to owner because of other governmental subsidies, including grants and other subsidized financing. For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -39 For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program: • An insured or non-insured Section 236 project; • A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action; • A Section 221(d)(3) be low market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service; • Any other type of federally subsidized project specified by HUD. Combining Subsidy Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements. Rent Control [24 CFR 983.305] In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -40 PART IX : PAYMENTS TO OW NER 17-IX .A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351] During the term of the contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the contract. During the term of the contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agr ee on a later date. Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit). The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance). In order to receive housing assistance payments, the owner must comply with all provisions of the contrac t. Unless the owner complies with all provisions of the contract, the owner does not have a right to receive housing assistance payments. 17-IX .B. VACANCY PAYMENTS [24 CFR 983.352] If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault. PHA Policy If the PHA determines that the owner is responsible for a vacancy and , as a result , is not entitled to the keep the housing assistance payment, the PHA will notify the landlord of the amount of housing assistance payment that the owner must repay. The PHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B. At the discretion of the PHA, the contract may provide for vacancy payments to the owner. The PHA may only make vacancy payments if: • The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner’s knowledge); • The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed; • The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and • The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -41 The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment. PHA Policy If an owner’s contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified the PHA of the vacancy in accordance with the policy in Section 17-VI.F. regarding filling vacancies. In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment. The request must include the required owner certifications and the PHA may require the owner to provide documentation to support the request. If the owner does not provide the information requested by the PHA within 10 business days of the PHA’s request, no vacancy payments will be made. 17-IX .C. TENANT RENT TO OWNER [24 CFR 983.353] The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in a ccordance with HUD requirements. Any c hanges in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner. The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing servi ces, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant. Tenant and PHA Responsibilities The family is not responsible for the portion of rent to owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA. Likewise, t he PHA is responsible only for making the housing assistance payment to the owner in accordance with the contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner , including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner. Utility Reimbursements If the amount of the utility allowance exceeds the total tenant payment, the PHA mus t pay the amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the tenant rent to the owner must be zero. The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates, Inc. Admin Plan 1 6-17 Unlimited copies may be made for internal use. Page 1 7 -42 PHA Policy The PHA will make utility reimbursements to the family. 17-IX .D. OTHER FEES AND CHARGES [24 CFR 983.354] Meals and Supportive Services With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy. In ass isted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development. Other Charges by Owner The owner may not charge extra amounts for items customarily included in rent in the locality o r provided at no additional cost to unsubsidized tenants in the premises. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -1 Chapter 18 THE FAMILY SELF -SUFFICIENCY PROGRAM ACTION PLAN INTRODUCTION This chapter provides an overview of the f amily s elf -s ufficiency (FSS ) program and FSS action plan , including the purpose, organization, and required contents of the FSS action plan . P art I: The Family Self -Sufficiency (FSS) Program and FSS Action Plan : This part provides an overview of the f amily s elf -s ufficiency program and the purpose of the FSS action plan . Part I I : Requirements of the FSS Action Plan: This part covers action plan requirements, including development, revision, and contents of the action plan . It also contains information on family demographics , which is part of the required contents of the action plan . PART I: THE FAMILY SELF -SUFFICIENCY (FSS) PR OGRAM AND FSS ACTION PLAN 1-I .A. OVERVIEW OF THE FAMILY SELF -SUFFICIENCY PROGRAM The origins of the FSS program are in two pilot projects implemented in 1986 and 1990, Project Self -Sufficiency and Operation Bootstrap, respectively. These projects were set up to test self- suff iciency programs for families with housing subsidies, and both demonstrated that families needed essential services in order to move toward economic self-sufficiency. These services include child care, transportation, medical care, and long-term education and training. In the wake of the successful demonstration of these projects, family self-sufficiency became one of the initiatives under the Homeownership and Housing Opportunities for People Everywhere (HOPE) program enacted in 1990, and the FSS program was subsequently created under the National Affordable Housing Act the same year. FSS built upon and refined both Project Self-Sufficiency and the bootstrap program. It remained a voluntary program in 1991 and 1992, but became mandatory in 1993 for any ne w increments of funding issued to PHAs. The 1993 regulations were further modified by the Quality Housing and Work Responsibility Act of 1998 (QHWRA). The purpose of the FSS program is to coordinate housing assistance with public and private resources to enable assisted families to achieve economic self -sufficiency. The purpose and basic requirements of the FSS program are further elaborated upon in Chapter 2 . This f amily s elf -s ufficiency p rogram is administered by the Housing Authority for the jurisdicti on of City of Santa Monica . DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -2 1-I.B. APPLICABLE REGULATIONS Applicable regulations for public housing and HCV FSS programs include: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 902: Public Housing Assessment System • 24 CFR Part 903 : Public Housing Agency Plans • 24 CFR Part 945: Designated Housing • 24 CFR Part 960: Public Housing Admission and Occupancy Policies • 24 CFR Part 965: PHA-Owned or Leased Projects—General Provisions • 24 CFR Part 966: Public Housing Lease and G rievance Procedures • 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program • 24 CFR Part 984 : Section 8 and Public Housing Family Self-Sufficiency Program 1-I.C. THE FAMILY SELF -SUFFICIENCY ACTION PLAN The f amily s elf -s ufficiency (FSS) action p lan is required by HUD. The purpose of the FSS action p lan is to establish policies for carrying out the f amily s elf -s ufficiency program in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s Agenc y Plan. This FSS action p lan is a supporting document to the PHA A gency Plan, and is available for public review as required by 24 CFR Part 903. This f amily s elf -s ufficiency action p lan is set forth to define the PHA ’s local policies for operation of the program in the context of federal laws and regulations. All issues related to FSS not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable law s . The policies in this FSS action plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding. The PHA is responsible for complying with all changes in HUD regulations pertaining to the FSS program. If such changes conflict with this plan, HUD regulations will take precedence. Administration of the FSS program and the functions and responsibilities of PHA staff shall be in compliance with the PHA ’s personnel policy and HUD’s f amily s elf -s ufficiency regulations, as well as all public housing and HCV regulations, in addition to federal, state, and local fair housing laws and regulations. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -3 PART I I. REQUIREMENTS OF THE FSS ACTION PLAN 1-II.A. OVERVIEW A PHA must have a HUD -approved action plan before implementing an FSS program, regar dless of whether the FSS program is a mandatory or voluntary program. Further, this action plan must comply with the requirements specified for the plan in the regulations [24 CFR 984.201(a)]. The regulatory requirements dealing specifically with the FSS action plan itself largely involve the development, revision, and required contents of the action plan . This part covers those requirements. 1-II.B. HUD APPROACH TO POLICY DEVELOPMENT In developing policy for the FSS action plan , PHAs need to be aware of the distinction HUD makes between mandat ory and discretionary policies. • Mandatory policies are those driven by legislation, regulations, current handbooks, notices, and legal opinions. • Discretionary policies consist of those developed for areas in which the PHA has regulatory discretion, or with regard to optional, nonbinding guidance including guidebooks, notices that have expired , and recommendations from individual HUD staff. HUD expects PHAs to develop policies and procedures that are consistent with mandatory regulations and to make clear the optional policies the PHA has adopted. The PHA’s FSS action plan is the foundation of those policies and procedures for the FSS program . HUD’s directions require PHAs to make policy choices that provide guidance to staff and consistency to program applicants and participants. Following HUD guidance, even though it is not mandatory, provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative app roach is consistent with legislation, regulations, and other mandatory requirements . There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully consider those decisions. 1-II.C. FSS ACTION PLAN DEVELOPMENT AND REVISION Development of Action Plan [24 CFR 984.201(b) and (c)] When developing an FSS action plan , a PHA mu st do so in consultation with the chief executive officer of the applicable unit of general local government and the program coordinating committee (PCC). In addition, a PHA that is establishing its FSS program must submit an action plan to HUD for approval within 90 days after the PHA receives notice from HUD of approval of the PHA's application for funding that establishes the obligation to operate an FSS program. This deadline is required unless the dates are extended by HUD for good cause. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -4 For volunta ry FSS programs, the PHA must submit its action plan and obtain HUD approval of the plan before it can implement the FSS program. This includes a voluntary program established because the PHA cho se to implement an FSS program that exceeds the minimum size for a mandatory program (see Section 2 -II.A. for a discussion of mandatory versus voluntary FSS programs). Single Action Plan [24 CFR 984.201(f)] PHAs implementing both a Section 8 FSS program and a public or Indian housing FSS pro gram may submit one acti on plan. In cases where the PHA decides to submit one plan for more than one program, the policies contained in the action plan would apply to both programs. PHA Policy The PHA is implementing an HCV FSS program only and will submit one action plan . Revis ion to the FSS Action Plan [24 CFR 984.201(c)(2)] Following HUD’s initial approval of the action plan, no further approval of the action plan is required unless the PHA proposes to make policy changes to the action plan or increase the size of a voluntary program, or to revise th e FSS action plan as needed to comply with changes in HUD regulations. The PHA must submit any changes to the action plan to HUD for approval. PHA Policy The PHA will review and update the action plan at least once a year, and more often if needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation. 1-II.D. CONTENTS OF THE PLAN [24CFR 984.201(d)] HUD regulations state that there are several components that must be included in t he FSS action plan . At a minimum, the action plan must cover the policies and procedures of the PHA for operation of a local FSS program as follows: • Family demographics, including a description of the number, size, characteristics, and other demographics such as racial and ethnic data, in addition to the supportive service needs of the families expected to partic ipate in the program . • Estimate of participating families, which means the number of families which can reasonably be expected to receive supportiv e services under the FSS program. • Eligible families from any other local self -sufficiency program who are expected to agree to execute an FSS contract of participation. • A statement of the PHA’s FSS family selection procedures, including a description of how the procedures ensure that families are selected without regard to race, color, religion, disability, sex, familial status, or national origin . • A description of the incentives that the PHA intends to offer to families to encourage participation in the FSS program (an incentives plan), including the establishment of the escrow account . DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -5 • Outreach efforts, which include a description of the PHA’s efforts to recruit eligible families, the actions the PHA will take to ensure that both minority and nonminori ty groups are informed about the FSS program, and how the PHA will make this information known. • A description of the FSS activities and supportive services to be provided by both public and private resources to FSS families, and identification of these public and private resources. • A description of the PHA’s method for identifying family support needs, including how the PHA will identify the needs and deliver the services. • A description of the PHA’s policies regarding program termination, withholding of services or terminating or withholding Section 8 assistance on the basis of a family’s failure to comply with the FSS contract, and available grievance procedures. • Assurances of noninterference with rights of non-participating families which state that a family’s election to not participate in the FSS program will not affect the family’s admission to the public housing or HCV program, nor will it affect their right to occupancy in accordance with its lease. • *Timetable for program implementation, including the schedule for filling FSS slots with eligible families. • Certification of coordination, which is a certification that the development of services and activities under the FSS program has been coordinated with the Workforce Investment Act (formerly JTPA ), Workforce Investment Board and One Stop Centers (formerly JOBS program), and any other relevant employment, child care, transportation, training, and education programs in the applicable area, and that implementation will continue to be coordinated, in order to avoid duplication of services and activities. • Optional additional information, which involves such other information that would help HUD determine the soundness of the PHA’s proposed FSS program. 1-II.E. FAMILY DEMOGRAPHICS [24 CFR 984.201(d )(1)] As part of the required contents of the FSS action plan , family demographics of the housing choice voucher program participants serve to provide a description of the number, size, characteristics, and other descriptive data (including racial and ethnic d ata of those participants). These data may later be used to help the housing authority and the program coordinating committee (PCC) to identify supportive service needs of the families expected to participate in the FSS program. The racial and ethnic make -up of the FSS program will reflect that of the PHA’s HCV program population. Most participants will be primarily (69%) female heads of house holds with or without children 48% White, 25% African American, 24% Latino, 1.1% Asian/Pacific Islander, .2 % Native American, and 1% mixed ethnicity (1% unknown ethnicity). The average size of each household is 1.61 persons. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -6 PURPOSE, SCOPE, AND APPLICABILITY OF THE FAMILY SELF -SUFFICIENCY PROGRAM INTRODUCTION This chapter contains information about the FSS program’s purpose, size, and measurable objectives as well as information on program operation. This includes potential participant demographics, the program timetable, the number of families to be served, and the size of the PHA’s voluntary FSS program. This chapt er also contains definitions of the key terms in this FSS action plan. Part I: The Purpose and Basic Requirements of the FSS program : This part includes a description of the purpose of the FSS program on a national level—its intent, goal, and major strate gies. Part II: The Scope of the FSS program : This part contains information about the size of the PHA’s FSS program , an estimate of participating families, eligible families from other self -sufficiency programs, and eligibility for combined FSS programs. Part III : Program Operation : This part specifies the requirements for FSS program operation, including the deadlines for program start-up and when the PHA is expected to have attained full enrollment. Part I V: The Definitions of Terms Used in the PHA’s FSS program : This section contains both HUD and PHA definitions for terms used in this policy document. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -7 P ART I: PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM 2-I.A. PURPOSE The purpose of the f amily s elf -sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and housing assistance under the housing choice voucher program with public and private resources enabling families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency [984.101(a)(1)]. In addition to this broader national goal of the FSS program, the PHA also establishes a local goal consistent with the PHA’s mission statement to serve as a guide for establishing policy and impl ementing the FSS program. PHA Policy The PHA’s local goal in operating this FSS program is to match housing-assisted families with a broad range of highly collaborative existing community services to assist FSS families so that they may achieve self -suffic iency defined as a completion of the contract of participation. 2-I.B. PROGRAM OBJECTIVES [24 CFR 984.102] In order to reach the FSS national program goal, HUD has defined its FSS program objective as to reduce the dependency of low-income families on wel fare assistance and on Section 8, public, or any federal, state, or local rent or homeownership subsidies. Under the FSS program, low- income families are provided opportunities for education, job training, counseling, and other for ms of social service assistance while living in assisted housing so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. As with the goals of the program, FSS program objectives are defined on the national level thro ugh FSS regulation and on the local level by PHA policy. PHA Policy On the local level, the PHA will achieve the national program objective by offering low- income families a broad range of services through partnering with the program coordinating committe e (PCC). These services will provide long-term education, job training, counseling, and other forms of social service assistance so that families may achieve economic self -sufficiency, as defined in Section 2 -I.A. of this document. 2-I.C. BASIC REQUIREMEN TS OF THE FSS PROGRAM [24 CFR 984.104] An FSS program established under 24 CFR Part 984 must operate in conformity with the regulations and this FSS action plan (as required in 24 CFR 984.201), provide comprehensive supportive services (as defined in 24 CFR 984.103), and operate in compliance with nondiscrimination and equal opportunity requirements. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -8 P ART II: SCOPE OF THE FSS PROGRAM 2-II.A. PHAS REQUIRED TO OPERATE AN FSS PROGRAM Each PHA that received funding for public housing units under the FY 1991 and FY 1992 FSS incentive award competitions must operate a public housing FSS program. Each PHA that received funding for S ection 8 rental certificates or vouchers under the combined FY 1991/1992 FSS incentive award competition also must operate a Section 8 FSS program. In addition, unless the PHA receives an exemption under 24 CFR 984.105, each PHA for which HUD reserved funding (budget authority) for additional rental certificates or vouchers in FY 1993 through October 20, 1998, must operate a Section 8 FSS program. Each PHA for which HUD reserved funding (budget authority) to acquire or construct additional public housing units in FY 1993 through October 20, 1998, must operate a public housing FSS program as well. Mandatory Minimum Program Size (MMPS) [24 CFR 984.105] PHAs that must operate an FSS program under 24 CFR 984.101 are subject to a minimum program size requirement. In public housing, a PHA’s FSS program minimum program size is determined by adding the total number of public housing units reserved in FY 1991 and FY 1992 under the FSS incentive award competitions to the number of public housing units reserved in FY 1993 through October 20, 1998, and subtracting the number of families that have graduated from the PHA’s public housing FSS program on or after October 21, 1998, by fulfilling their FSS contract of participation obligations. In the housing choice voucher program, a PHA’s FSS program minimum program size is determined by adding the number of HCV program units reserved under the combine d FY 1991/1992 FSS incentive award competition to the number of additional rental voucher units reserved in FY 1993 through October 20, 1998, (not including the renewal of funding for units previously reserved) then subtracting the units that are excluded from minimum program size and subtracting the number of families who have graduated from the PHA’s Section 8 FSS program on or after October 21, 1998, by fulfilling their contract of participation obligations. Further, when determining the Section 8 FSS program size for funding reserved in FY 1993 through October 20, 1998, the PHA must exclude funding for families affected by termination, expiration, or owner opt-out under Section 8 project-based programs; funding for families affected by demolition or disposition of a public housing project or replacement of a public housing project; funding for families affected by conversion of assistance from the Section 23 leased housing or housing assistance payments programs to the housing choice voucher program; fun ding for families affected by the sale of a HUD -owned project; and funding for families affected by the prepayment of a mortgage or voluntary termination of mortgage insurance. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -9 PHA Minimum Program Size The PHA’s original housing choice voucher FSS MMPS w as 235. This MMPS wa s determined by adding the number of housing choice voucher program units reserved under the combined FY 1991/1992 FSS incentive award competition, 75, to the number of additional rental voucher units reserved in FY 1993 through October 20, 1998, 160 (not including the renewal of funding for units previously reserved), then subtracting the units that are excluded from minimum program size, 0 (excluding funding for families affected by termination, expiration, or owner opt-out under Section 8 project-based programs; funding for families affected by demolition or disposition of a public housing project or replacement of a public housing project; funding for families affected by conversion of assistance from the Section 23 leased housing or housing assistance payments programs to the housing choice voucher program; funding for families affected by the sale of a HUD -owned project; and funding for families affected by the prepayment of a mortgage or voluntary termination of mortgage insurance). Maintaining Mandatory Minimum Program Size Although the discretion to do so ultimately rests with the PHA, mandatory minimum program size can decrease as FSS participants graduate. Per the regulation, for each family that graduates from the program by fulfilling its FSS contract of participation on or after October 21, 1998, t he mandatory minimum program size for a PHA ’s public housing or housing choice voucher FSS program is reduced by one slot. However, if an FSS slot is vacated by a family that has n ot completed its FSS contract of participation obligations, the slot must be filled by a replacement family which has been selected in accordance with the FSS family selection procedures [24 CFR 984.105(b)(3)]. PHA Policy The PHA will reduce the FSS mandatory minimum program size by one for each family that graduates from the program by fulfilling its FSS contract of participation. Option to Operate Larger FSS Program A PHA may choose to operate an FSS program of a larger size than the minimum required by HUD [24 CFR 984.105(a)(3)]. PHA Policy The PHA will , at its discretion, operate an FSS program of a larger size than its mandatory minimum program size. Exception to Program Operation [24 CFR 984.105(c)] The requirement to establish and carry out a public housing or a housing choice voucher FSS program may be waived with approval from HUD. In order to waive the requirement, the PHA must provide a certification to HUD that the establishment and operation of an FSS program is not feasible because of a lack of accessible supportive services funding, including lack of the availability of programs under JTPA or JOBS; a lack of funding for reasonable administrative costs; a lack of cooperation by other units of state or local government; or a lack of interest in p articipating in the FSS program on the part of eligible families. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -10 An exception will not be granted if HUD determines that local circumstances do not preclude the PHA from effectively operating an FSS program that is smaller than the minimum program size. Reduction in Program Size Rather than a full exception to program operation, a PHA may also be permitted to operate a public housing or a housing choice voucher FSS program that is smaller than the minimum program size. As with the full exception, HUD ma y grant the PHA such a partial exception if the PHA provides to HUD a certification that the operation of an FSS program of the minimum program size is not feasible because of a decrease in or lack of accessible supportive services [24 CFR 984.105(d)]. Expiration of Exception The approval for a full or partial exception to the FSS minimum program size requirement expires three years from the date of HUD approval of the exception. If a PHA seeks to continue an exception after its expiration, the PHA must submit a new request and a new certification to HUD for consideration [24 CFR 984.105(e)]. 2-II.B. ESTIMATE OF PARTICIPATING FAMILIES [24 CFR 984.201(d)(2)] The PHA must state the number of eligible FSS families who can reasonably be expected to receive supportive services under the FSS program based on available and anticipated federal , tribal, state, local, and private resources Estimate of Eligible Families 102 eligible FSS families can reasonably be expected to receive supportive services under the F SS program, based on available and anticipated federal, tribal, state, local, and private resources. 2-II.C. ELIGIBLE FAMILIES FROM OTHER SELF -SUFFICIENCY PROGRAMS [24 CFR 984.201(d)(3)] If applicable, the PHA must enter the number of families, by program type, who are participating in any other local housing self-sufficiency program who are expected to agree to execute an FSS contract of participation. PHA Policy The PHA does not operate other self-sufficiency programs and therefore no additional families from other programs are expected to execute an FSS contract of participation. 2-II.D. ELIGIBILITY OF A COMBINED PROGRAM [24 CFR 984.201(e)] A PHA that wishes to operate a joint FSS program with other PHAs may combine its resources with one or more PHAs to deliver supportive services under a joint action plan that will provide for the establishment and operation of a combined FSS program that meets the requirements of this part. PHA Policy The PHA will not combine its resources with any other PHA to deliver support services, have a joint action plan, or establish or operate a combined FSS Program. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -11 PART III: PROGRAM OPERATION 2-III.A. OVERVIEW Federal regulations specify requirements for FSS program operation regarding deadlines for program start -up and when the PHA is expected to have attained full enrollment. A timetable illustrating when the PHA intends to meet these deadlines is included as part of the required contents of the action plan. 2-III.B. PROGRAM IMPLEMENTATION DEADLINE The deadlines for program implementation differ depending on whether the FSS program is voluntary or mandatory. Voluntary Program [24 CFR 984.301(a)(1)] There is no deadline for implementation of a voluntary program. However, a voluntary program may not be implemented before t he requirements specified in 24 CFR 984.201 have been satisfied (see Sections 1 -II.A.–1-II.D.). Mandatory Program [24 CFR 984.301(a)(2)] For mandatory FSS programs, operation of a local FSS program must begin within 12 months of HUD ’s approval of funding that establishes the obligation to operate an FSS program. Operation means that activities such as outreach, participant selection, and enrollment have begun. Full delivery of the supportive services to be provided to the total number of families required to be served under the program need not occur within this 12 months, but must occur within two years (see Section 2 -III.C.). 2-III.C. FULL ENROLLMENT AND DELIVERY OF SERVICE [24 CFR 984.301(a)(2)(ii)] Unless the PHA is implementing a voluntary FSS program, the PHA must have completed enrollment of the total number of families required to be served under the program (based on the minimum program size), and must have begun delivery of the supportive services within two years from the date of notification of approval of the application for new public housing units for a public housing FSS program, new rental certificates or rental vouchers for a Section 8 FSS program, or HUD’s approval of funding that establishes t he obligation to operate an FSS program. 2-III .D. EXTENSION OF PROGRAM DEADLINES FOR GOOD CAUSE [24 CFR 984.301(a)(2)(iii)] HUD may extend the deadline for program implementation if the PHA requests an extension and HUD determines that despite best efforts on the part of the PHA, the development of new public housing units will not occur within the required deadlines, the commitment by public or private resources to deliver supportive services has been withdrawn, the delivery of such services has been delayed, or other local circumstances warrant an e xtension of the required deadlines . DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -12 2-III.E . TIMETABLE FOR PROGRAM IMPLEMENTATION [24 CFR 984.201(d)(ii)] A timetable for implementation of the FSS program is part of the required contents of the FSS action plan. The timetable must comply with the requirements in 24 CFR 984.301 (see Section 2 - III.B.–2-III.D.), including the schedule for filling FSS slots with eligible FSS families . PHA Policy The PHA is already implementing its FSS Program. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -13 P ART IV : DEFINITIONS 2-IV .A. DEFINITIONS [24 CFR 984.103] The terms 1937 Act, fair m arket r ent, HUD, low-income family, public housing, public housing a gency (PHA), s ecretary, and Section 8, as used in this document are defined in the 24 CFR Part 5. The term v ery low -income family is defined in 24 CFR 813.102 and 24 CFR 913.102. The terms used in this document have the following definitions as defined by 24 CFR 984.103 and this f amily s elf -s ufficiency action plan. Certification means a written assertion based on supporting evidence, provided by the FSS family or the PHA, which must be maintained by the PHA in the case of the family's certification, or by HUD in the case of the PHA ’s certification; made available for inspection by HUD, the PHA, and the public, as appropriate; and be deemed to be accurate, unless the s ecretary or the PHA determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. Chief executive officer (CEO) means the CEO of a unit of general local government who is the elected official or the legally designated official having primary responsibility for the conduct of that entity’s governme ntal affairs. Contract of participation (COP) means a contract in a form approved by HUD, entered into between a participating family and a PHA operating an FSS program that sets forth the terms and conditions governing participation in the FSS program. Th e contract of participation includes all individual training and services plans entered into between the PHA and all members of the family who will participate in the FSS program, and which plans are attached to the contract of participation as exhibits. For additional detail, see 24 CFR 984.303. Earned income means income or earnings included in annual income from wages, tips, salaries, other employee compensation, and self-employment. Earned income does not include any pension or annuity, transfer payment s, any cash or in -kind benefits, or funds deposited in or accrued interest on the FSS escrow account established by a P HA on behalf of a participating family. Effective date of contract of participation means the first day of the month following the month in which the FSS family and the PHA entered into the contract of participation. Eligible families for the public housing FSS program means current residents of public housing, and for the housing choice voucher FSS program, means current housing choice vou cher program participants. Eligible families also include current residents of public housing and participants in the housing c hoice voucher program who are participants in other local self - sufficiency programs. Enrollment means the date that the FSS famil y entered into the contract of partici pation with the PHA. Family s elf -s ufficiency program or FSS program means the program established by a PHA within its jurisdiction to promote self -sufficiency among participating families, including the provision of supportive services to these families, as authorized by section 23 of the 1937 Act. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -14 FSS account means the FSS escrow account authorized by section 23 of the 1937 Act. FSS credit means the amount credited by the PHA to the participating family ’s FSS account. FSS family or participating family means a family that resides in public housing or receives assistance under the rental voucher programs that elects to participate in the FSS program and whose designated head of the family has signed the contract of parti cipation. FSS -related service program means any program, publicly or privately sponsored, that offers the kinds of supportive services described in the definition of supportive services . FSS slots refer to the total number of public housing units or the total number of rental vouchers that comprise the minimum size of a PHA's respective public housing FSS program or HCV FSS program. FY means federal f iscal year (starting with October 1, and ending September 30, and designated by the calendar year in which i t ends). Head of FSS family means the adult member of the FSS family who is the head of the household for purposes of determining income eligibility and rent. Housing subsidies means assistance to meet the costs and expenses of temporary shelter, rental housing, or homeownership, including rent, mortgage, or utility payments. Individual training and services plan (ITSP) means a written plan that is prepared for the head of the FSS family and each adult member of the FSS family who elects to participate in t he FSS program, by the PHA in consultation with the family member, and which sets forth the supportive services to be provided to the family member, the activities to be completed by that family member, and the agreed upon completion dates for the services and activities. Each ITSP must be signed by the PHA and the participating family member, and is attached to and incorporated as part of the contract of participation. An ITSP must be prepared for the head of the FSS family. JTPA means the Job Training Partnership Act (29 U.S.C. 1579(a)) now known as the Workforce Investment Act or WIA. Knowledgeable professional PHA Policy Knowledgeable professional means a person who is knowledgeable about the situation, competent to render a professional opinion, and is not in a position to gain, monetarily or otherwise, from the PHA FSS program decision in the area to which they are certifying. Participating family is defined as FSS family in this section. Program coordinating c ommittee (PCC) means the committee describ ed in 24 CFR 984.202. Public housing means housing assisted under the 1937 Act, excluding housing assisted under Section 8 of the 1937 Act. Self -sufficiency means that an FSS family is no longer receiving Section 8, public , or Indian housing assistance, or any federal, state, or local rent or homeownership subsidies or welfare assistance. Achievement of self -sufficiency, although an FSS program objective, is not a condition for receipt of the FSS account funds. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -15 Supportive services mean those appropriate services that a PHA will make available or cause to be made available to an FSS family under a contract of participation. These may include child care of a type that provides sufficient hours of operation and serves an appropriate range of ages; transport ation necessary to enable a participating family to receive available services or to commute to their places of employment; remedial education; education for completion of secondary or post-secondary schooling; job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the contract of participation; substance/alcohol abuse treatment and counseling; training in homemaking and parenting skills; household management; money management; counseling regarding homeownership or opportunities available for affordable rental and homeownership in the private housing market (including information on an individual’s rights under the Fair Housing Act) and money management; and any other services and resources, including case management and reasonable accommodations for individuals with disabilities, that the PHA may determine to be appropriate in assisting FSS families to achieve economic independence and self -sufficiency. Unit size or size of un it refers to the number of bedrooms in a dwelling unit. Welfare assistance means (for purposes of the FSS program only) income assistance from federal or state welfare programs and includes only cash maintenance payments designed to meet a family ’s ongoing basic needs. Welfare assistance does not include nonrecurrent, short-term benefits that are designed to deal with a specific crisis situation or episode of need , or are not intended to meet recurrent or ongoing needs and will not extend beyond four months; work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); supportive services such as child care and transportation provided to families who are employed; refundable ear ned income tax credits; contributions to, and distributions from, individual development accounts under TANF; services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement and other employment-related services that do not provide basic income support; transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k) of the Social Security Act, to an individual who is not otherwis e receiving assistance; amounts solely directed to meeting housing expenses; amounts for health care; food stamps and emergency rental and utilities assistance; and SSI, SSDI, or s ocial s ecurity. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -16 PROGRAM ADMINISTRATION INTRODUCTION This chapter discusses administrative policies and practices as they are relevant to the activities covered in this plan. The policies and practices are discussed in two parts: Part I: Staffing, Fees and Costs, and On-Site Facilities : This part describes identifying appropriate staff and contractors to operate the FSS program and provide the necessary direct services to FSS families. In addition, it describes how administrative fees, costs, and supportive services will be funded, and defines the use of on-site facilities. Part II: The Program Coordinating Committee : This part covers the establishment of a program coordinating committee (PCC), which is a regulatory requirement for the FSS program. It describes required and recommended PCC membership, in addition to the option for an alternative committee. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -17 PART I. STAFFING, FE ES AND COSTS, AND ON -SITE FACILITIES 3-I.A. OVERVIEW Several functions of program administration are crucial to running an FSS program. A PHA may need to employ a program coordinator, or decide to contract with another organization to administer the program. In addition to staffing issues, PHAs should understand how program funding and expenses work in order to keep the program running smoothly. Finally, PHAs need to sort out whether and how to make common areas or unoccupied units to provide supportive services. 3-I.B. PROGRAM ADMINISTRATION STAFF AND CONTRACTORS [24 CFR 984.301(b)] PHAs have the choice between hiring their own staff and contracting with an outside organization to administer their FSS program. If the PHA should choose to employ its own staff, the staffing levels should be appropriate, and may include one or more FSS coordinators. If the PHA chooses to contract with an outside organization, the organization’s staffing levels must likewise be appropriate to establish and administer the FSS program, and the organization’s responsibilities would include managing the FSS account in accordance with federal regulations. PHA Policy The PHA will employ appropriate staff, including one or more FSS coordinators or program coordinators , and/or contract with an outside social service organization to provide case management and care plans. 3-I.C. ADMINISTRATIVE FEES AND COSTS The ways in which administrative fees and costs are funded differ for public hous ing and housing choice voucher FSS programs. Public Housing FSS Program For public housing FSS programs, the performance funding system (PFS), provided under section 9(a) of the 1937 Act provides for the reasonable and eligible administrative costs that t he PHA incurs in carrying out the program only when funds have been appropriated. However, a PHA may use other resources for this purpose [24 CFR 984.302(a)]. In other words, the PHA may fund reasonable and eligible administrative costs in the FSS program from the Operating Fund. However, these expenses will only be reimbursed in the operating subsidy when a current appropriations act allows it. In addition, the PHA may fund reasonable and eligible administrative costs from the Capital Fund. Administrative staffing costs may also be funded through HUD or other grant or foundation sources. This includes FSS Coordinator grants when available. Housing Choice Voucher FSS Program In the housing choice voucher program, administrative fees are paid to PHAs for H UD -approved costs associated with the operation of an FSS program. These administrative fees are established by Congress and subject to appropriations [24 CFR 984.302(b)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -18 In addition, administrative fees for HUD-approved costs not specifically related to the operation of the FSS program may be used to cover these costs associated with the administration of FSS [see Notice PIH 93 -24 E-7 and E-8]. 3-I.D. SUPPORTIVE SERVICES FEES AND COSTS As with administrative fees and costs, funding for supportive services fees and costs are different depending on whether the PHA runs a public housing or a housing choice voucher FSS program. Supportive services fees and costs include childcare expenses, transportation funds, and the costs of training, work equipment, or GED classes, among others. Public Housing Supportive Services In public housing, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from either the Operating Fund or the Capital Fund. However, in the Operating Fund, the costs of FSS supportive services are only reimbursed through the operating subsidy when appropriations allow it. In addition to the Operating Fund and Capital Fund, public housing supportive services can also be funded through HUD grants, other than FSS coordinator grants, when available. Housing Choice Voucher Supportive Services In the housing c hoice voucher program, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from unrestricted net a ssets [see Notice PIH 93 -24, E-3]. In addition, the PHA may seek additional funds from HUD through submitting grant applications, or seek grants from other sources when available. 3-I.E. ON-SITE FACILITIES Each PHA may, subject to the approval of HUD, make available and utilize common areas or unoccupied dwelling units in public housing projects to provide supportive services under an FSS program. This includes using such areas for participants in a housing choice voucher FSS program. PHA Policy The PHA will make its offices locat ed at: 1901 Main Street, Suite A, Santa Monica, CA 90405, available to provide supportive services under the housing choice voucher FSS program. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -19 P ART II: PROGRAM COORDINA TING COMMITTEE 3-II.A. OVERVIEW As another integral part of FSS program administratio n, e ach participating PHA must establish a program coordinating committee (PCC ) whose functions will be to assist the PHA in securing commitments of public and private resources for the operation of the FSS program within the PHA's jurisdiction, including assistance in developing the action plan and in implementing the program [24 CFR 984.202(a)]. The PCC must consist of certain members, which are dependent upon whether the PHA is operating a public housing or housing choice voucher program. In addition to these required members, the PCC may also include additional members recommended by regulation. 3-II.B. PROGRAM COORDINATING COMMITTEE MEMBERSHIP Required PCC Membership [24 CFR 984.202(b)(1)] For a public housing FSS program, the PCC members required cons ist of representatives of the PHA and public housing residents . The public housing resident representatives on the PCC will be solicited from one or more of the following groups: • An area -wide or city -wide resident council • If the PHA will be transferring F SS participants to vacant units in a specific public housing development, the resident council or resident management corporation of the public housing development where the public housing FSS program is to be carried out • Any other public housing resident group that the PHA believes is interested in the FSS program and would contribute to the development and implementation of the FSS program For a housing choice voucher FSS program, the PCC membership must consist of representatives of the PHA and participants of the HCV program or HUD ’s public or Indian housing programs. PHA Policy The PHAs representative to the program coordinating committee will be the FSS coordinator or other representative of the PHA if the FSS coordinator is unable to attend a PCC m eeting . Recommended PCC Membership [24 CFR 984.202(b)(2)] Membership on the PCC also may include representatives of the unit of general local government served by the PHA, local agencies (if any) responsible for carrying out employment training programs o r programs funded under the Workforce Investment Act , and other organizations, such as other s tate, local , or tribal welfare and employment agencies, public and private education or training institutions, child care providers, nonprofit service providers, private business, and any other public and private service providers with resources to assist the FSS program. PHA Policy The PHA’s FSS program coordinating committee membership will include representatives from organizations that provide services to low-income households that DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -20 promote increased self -sufficiency, including, but not limited to: affordable housing, supportive services, employment services, education, healthcare, behavioral healthcare, financial management/financial education, childcare, and legal services. 3-II.C. ALTERNATIVE PCC COMMITTEE [24 CFR 984.202(c)] It is also possible for the PHA, in consultation with the chief executive officer of the unit of general local government served by the PHA, to use an existing entity as the PCC , as long as the membership of the existing entity consists or will consist of the individuals required by regulation (See section 3-II.B. above). PHA Policy The PHA willmay, at its discretion , choose to not utilize an existing entity as its program coordinating c ommittee. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -21 SELECTING AND SERVING FSS FAMILIES INTRODUCTION FSS regulations require that the PHA include in its action plan a statement indicating how it will select families for participation in the FSS program. This includes outreach, wait ing list managem ent, and other selection procedures. When followed, the PHA’s selection procedures ensure that families will be selected without regard to race, color, religion, sex, handicap, familial status, or national origin. Once selected for participation in the FS S program, families are to be provided various activities and supportive services so that they may obtain the education, employment, and business and social skills necessary to achieve self -sufficiency. A description of such activities and supportive services is also a requirement of the FSS action plan . This chapter contains three parts: Part I: Incentives , Outreach, and Assurance of Noninterference: This part describes the incentives the PHA will offer and the outreach efforts the PHA will use in order to encourage participation and recruit eligible families for the FSS program. It also contains the required assurance of noninterference with the rights of nonparticipating families. Part II: Family Selection : This part covers whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so. In addition, this part describes the selection factors the PHA will use in screening families for participation in the FSS program. Part III: Activities and Suppo rt Services : This part lists the activities and supportive services to be provided to families through both public and private resources, describes the method the PHA will use to identify family support needs, and covers the required certification of coordination. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -22 PART I. INCENTIVES, OUTREACH, AND ASSURANCE OF NONINTERFERENCE 4-I.A. OVERVIEW The FSS program offers incentives such as the FSS escrow account, case management, and other supportive services that not only encourage participation, but also help f amilies achieve self - sufficiency. In addition to encouraging program participation through such incentives, PHAs also conduct outreach to recruit FSS participants from among eligible families. As part of this process, families need to know that their choic e as to whether to participate in the FSS program will not affect their admission to the public housing or housing choice voucher programs, nor will it affect their right to occupancy. This part describes the PHA’s policies regarding these issues, all of which are required aspects of the FSS action plan. 4-I.B. INCENTIVES FOR PARTICIPATION [24 984.201(d)(5)] By regulation, t he FSS action plan must include a PHA’s incentives plan —a description of the incentives that the PHA intends to offer eligible familie s to encourage their participation in the FSS program. The incentives plan provides for the establishment of the FSS escrow account and any other incentives designed by the PHA PHA Policy The PHA will offer the following services to its FSS participants a s incentives to participate in FSS: Incentive Provided By Description FSS escrow account Santa Monica Housing Authority Management of individual, interest bearing escrow accounts. Case management -St. Joseph’s Center Training, money management, and implementation of the ITSP. Information on and referrals to services Same as above Same as above DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -23 4-I.C. OUTREACH EFFORTS [24 CFR 984.201(d)(6)(i)(ii)] In addition to offering incentives for FSS participation, PHAs also conduct outreach in order to recruit more FSS participants from eligible families. The FSS action plan must include a description of the se efforts to recruit FSS participants, including notification and outreach, the actions the PHA will take to assure that both minority and nonminority groups are informed about the FSS program, and how the PHA will make this information known. PHA Policy The PHA will notify eligible families about the FSS program using the following outreach locations, activities, methods, and languages, where appropriate. These points of contact and methods have been selected to ensure that both minority and nonminority groups are informed about the FSS program. Location/Activity Staff/Partner Method Language* Briefings/Orientations PHA Staff Specialist Flyer Presentation *Provided in accordance with LEP. Interims/Recertifications PHA Staff Specialist Flyer Posters Presentation Referral Form Transfers/Portability PHA Staff Specialist Flyer Posters Presentation Referral Form Lobby PHA Staff Receptionist Flyer Posters R eferral Form Waiting Room PHA Staff Flyer Posters Inspections PHA Staff Inspector Flyer Presentation DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -24 4-I.D. ASSURANCE OF NONINTERFERENCE WITH THE RIGHTS OF NONPARTICIPATING FAMILIES [24 CFR 984.201(d)(10)] A family’s housing assistance or admission into assisted housing should never depend on whether they choose to participate in the FSS program, and PHAs need to make this known as part of the recruitment process. For this reason, the PHA’s action plan must include an assurance that a family’s dec ision to not participate in the FSS program will not affect the family’s admission to the public housing or housing choice voucher programs, nor will it affect the family’s right to occupancy in accordance with the lease. PHA Policy Participation in the F SS program is strictly voluntary. Housing choice voucher program participants will be notified in all literature and media presentations related to the FSS program that should they decide not to participate in the FSS program it will not affect their publi c housing or HCV housing assistance. This material will also specify that the family will retain the right to occupancy according to their lease and family obligations contract. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -25 PART II. FAMILY SELE CTION 4-II.A. OVERVI EW The FSS action plan is required to contain a statement indicating the procedures for selecting families for FSS program participation, including a description of how the PHA will do so without regard to race, color, religion, sex, handicap, familial status, or national origin. This part describes these procedures, taking into account whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so, in addition to defining the factors the PHA will use in screening families for program participation. 4-II.B. FSS SELECTION PREFERENCES As part of the process for selecting families for participation in the FSS program, the PHA may choose whether to employ the use of preferences. In particular, if the PHA so chooses, it has the option of giving a selection preference for up to 50 percent of its public housing FSS slots and 50 percent of its HCV program FSS slots , respectively , to eligible families who have one or more family membe rs currently enrolled in an FSS-related service program or wh o are on the waiting list for such a program. Such a preference may be further limited to participants in and applicants for one or more specific eligible FSS-related service programs. Should the PHA choose to adopt such a preference, it would need to include the following information in its action p lan: • The percentage of FSS slots, not to exceed 50 percent of the total number of FSS slots for each of its FSS programs, for which it w ill give a selection preference • The FSS related service programs to which it will give a selection preference to the programs’ participants and applicants • The method of outreach to and selection of families with one or more members participating in the identified programs [24 CFR 984.203(a)] A PHA may wish to adopt additional se lection preferences as well [Notice PIH 93 -24]. PHA Policy The PHA will not adopt the use of preferences when selecting families for participation in the FSS program. Even with up to 50 percent of the total number of FSS slots filled via selection prefere nces, and the possibility of other slots being filled by means of additional preferences, open slots will remain. Regardless of whether the PHA adopts selection preferences, those FSS slots for which the PHA chooses not to exercise the selection preference must be filled with eligible families in accordance with an objective selection system such as a lottery, the length of time living in subsidized housing, or the date the family expressed an interest in participating in the FSS program. This system must b e described in the action plan [24 CFR 984.203(b)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -26 PHA Policy The PHA will use the date the family expressed an interest in participating in the FSS program to fill the FSS slots for which the PHA chooses not to exercise the selection preference. 4-II.C. SELECTION FACTORS Many factors contribute to whether a PHA may choose to select a family for participation in the FSS program. These selection factors can help the PHA screen families for admission, and ultimately contribute to the PHA’s decision to either allow or deny a family’s admission into the FSS program. Motivation Selection Factors [24 CFR 984.203(c)(1)] A PHA may screen families for interest and motivation to participate in the FSS program provided that the factors utilized by the PHA are th ose which solely measure the family’s interest and motivation to participate in the FSS program. For this reason, PHAs must only apply motivational screening factors that are permissible under the regulations. Permissible Motivation Selection Factors Perm itted motivational factors include requiring attendance at FSS orientation sessions or pre- selection interviews, and assigning certain tasks indicating the family ’s willingness to undertake the obligations that may be imposed by the FSS contract of participation. However, any tasks assigned should be readi ly accomplishable by the family based on the family members’ educational level or disabilities, if any. Reasonable accommodations must be made for individuals with mobility, manual, sensory, speech impairm ents, mental , or developmental disabilities [24 CFR 984.203(c)(2)]. PHA Policy The PHA will not screen families for interest and motivation to participate in the FSS program. Prohibited Motivation Selection Factors Prohibited motivational screening facto rs include the family ’s educational level, educational or standardized motivational test results, previous job history or job performance, credit rating, marital status, number of children, or other factors, such as sensory or manual skills, and any factor s which may result in discriminatory practices or treatment toward individuals with disabilities or minority or non minority groups [24 CFR 984.203(C)(3)]. Other Selection Factors In addition to motivational screening, the PHA may also wish to screen famil ies for other factors. PHA Debt Selection Factor The PHA may deny FSS participation to a family if the family owes the PHA , or another PHA, money in connection with HCV or public housing assistance [Notice PIH 93 -24, B-18]. PHA Policy The PHA will deny FSS participation to a family if the family owes the PHA, or another PHA, money in connection with HCV or public housing assistance. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -27 Unavailable Support Services Selection Factor If the PHA determines, after consulting with the family, that a missing ser vice is essential to the family ’s needs , the PHA may skip that family (and other similar families) and offer the FSS slot to the next family for which there are available services [Notice PIH 93 -24, B-8]. PHA Policy The PHA will not skip families when services essential to the family’s needs are missing. Previous Participation Selection Factor A PHA may refuse to select a family for participation in the FSS program a second time if that family previously participated unsuccessfully (i.e., the family participated, did not meet its FSS obligations, and was terminated from the FSS program) [Notice PIH 93 -24, B-14]. PHA Policy The PHA will not refuse to select a family for participation in the FSS program a second time if that family previously participated a nd did not complete the program. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -28 P ART III. A CTIVITIES AND SUPPOR T SERVICES 4-III.A. OVERVIEW Once families are admitted to the FSS program, the PHA becomes responsible for making sure these families are adequately served. The purpose of the f amily s elf -s ufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and assistance under the housing choice voucher programs with public and private resources, to enable families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency. A s such, upon selection, families are matched with the appropriate activities and supportive services so that they may obtain the education, employment, and business a nd social skills necessary to achieve self -sufficiency. This is a vital element of the FSS program. 4-III.B. METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS [24 CFR 984.201(d)(8)] Before a PHA can determine the services and activities it will provide to FSS f amilies, it must identify the services and activities appropriate to each family. The action plan must contain a description of how the program will identify the needs of FSS families and deliver the services and activities according t o these needs. PHA P olicy Supportive services needs are identified by completion of a needs assessment with the FSS coordinator or case manager. 4-III.C . FSS ACTIVITIES AND SUPPORT SERVICES DESCRIPTION [24 CFR 984.201(d)(7)] As part of the required contents of the action plan, PHAs must both describe the activities and supportive services to be provided by public and private resources to FSS families , and identify the public and private resources that are expected to provide the supportive services. Of course, this task as sumes that the PHA has first identified the needed activities and supportive services. PHA Policy The PHA’s FSS program, through its partners on the program coordinating committee, will provide the following activities and support services to FSS families : DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -29 Support Service General Support Service Specific Source/Partner Assessment Vocational Assessment Educational Assessment Vocational Planning Educational Planning Disability Assessment Disability Vocational Assessment/Planning Disability Educatio nal Assessment/Planning Drug/Alcohol Assessment Drug/Alcohol Planning Adult Basic Education Career Center Community College Community Based Organizations Career Center Community College Vocational Rehabilitation Health Department Career Center Community-ba sed Organizations Education High School English as a Second Language GED Post-secondary College High School Adult Basic Education Community College University Training Skills Training Emerging Technologies Training Biomedical Training On -the-Job Training Functional Context Training Adult Basic Education Community College University Community-based Organizations Workforce Investment Job Search Assistance Resume Preparation Interviewing Skills Dress for Success Workplace Skills Job Development Job Placemen t Adult Basic Education Community College University Community-based Organizations Workforce Investment Transportation Bus Train/Trolley Metropolitan Transit Health Care Alcohol and Drug Prevention Alcohol and Drug Treatment HMO Health Department Communi ty Clinic General Hospital DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -30 Support Service General Support Service Specific Source/Partner Mentoring Mentoring Match Adult Basic Education Community College Workforce Investment Act Youth Programs Community -based Organizations Micro and Small Business Development Training Planning Technical Assistance Mentoring Micr obusiness Assistance Program Small Business Administration Business Incubator Homeownership Training Planning Debt Resolution Public Housing Authority Housing Counseling Organization Community -based Organizations Individual Development Accounts Match Sa vings Accounts Distribution of IDA Funds Public Housing Authority TANF Office of Community Services in DHHS Office of Refugee Resettlement Beginner Farmers and Ranchers Community -based Organizations Child Care Infant Care Toddler Care Preschool Care After school Care Homework Assistance Child Care Resource Parks and Recreation Crisis Services Crisis Assessment Crisis Intervention Crisis Management Crisis Resolution Crisis Team Senior Crisis Team Poison Center Domestic Violence Shelter Child/Adult Protect ive Services Needs Assessment Case Planning Information Referral Crisis Management Senior Services Adult Services In -home Support Services Adult Abuse Hotline Child Abuse Hotline Foster Care Adoption Services DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -31 Support Service General Support Service Specific Source/Partner Legal Services Representation Document Review Counsel or Advice ACLU Legal Aid Debt Resolution Needs Assessment Case Planning Advocacy Negotiation Consumer Credit Counselors 4-III.D . CERTIFICATION OF COORDINATION [24 CFR 984.201(d)(12)] The FSS action plan is required to contain a certification tha t the development of the activities and services under the FSS program has been coordinated with the JOBS program (now Welfare to Work under TANF), the programs provided under the JTPA (now Workforce Investment Act programs), and any other relevant employment, child care, transportation, training, and education programs in the applicable area. The implementation of the FSS program’s activities and services must continue to be coordinated as such in order to avoid duplication of activities and services. PH A Policy The PHA certifies that its FSS program has developed its services and activities in coordination with the Workforce Investment Act (formerly JTPA), Workforce Investment Board and One Stop Centers, Welfare to Work (formerly JOBS program), and any o ther relevant employment, child care, transportation, training, and education programs in the applicable area. The implementation of these activities and services will continue to be coordinated in this manner in order to avoid duplication of activities an d services. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -32 CONTRACT OF PARTICIPATION INTRODUCTION Each family that is selected to participate in an FSS program must enter into a contract of participation with the PHA . This contract, which is signed by the head of the FSS family , set s forth the principal terms and conditions governing participation in the FSS program, including the rights and responsibilities of the FSS family and of the PHA, the services to be provided to the head of the FSS family and each adult member of the family who elects to part icipate in the program, and the activities to be completed by them. The contract also incorporates the individual training and services plan [24 CFR 984.303]. This chapter contains two parts: Part I: Overview and Family Obligations : This part provides an overview of the form and content of the contract of participation and describes what the contract requires of FSS families. Part II: Contract Specifications : This part explains the specifications of the contract, including terms and conditions, contract modification, contract terminations, and grievance procedures. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -33 PART I: OVERVIEW AND FAMILY OBLIGATIONS 5-I.A. OVERVIEW The purpose of the FSS contract of participation is to set forth the principal terms and conditions governing participation in the FSS program, including the incorporation the individual training and services plan (ITSP) as part of the contract’s required contents. The ITSP is meant to establish goals for an FSS family to meet along the family’s way to completing the contract and becoming sel f-sufficient. In addition to the goals specified in the ITSP, the contract also lists the responsibilities of the family and the PHA. This part covers the ITSP as part of the required contents of the contract of participation, and the family’s obligations under the contract. 5-I.B. CONTENTS OF THE CONTRACT OF PARTICIPATION Individual Training and Services Plan As part of the required contents of the FSS contract of participation (COP), the individual training and services plan (ITSP) establish es specific interim and final goals by whi ch the PHA and the family measure the family ’s progress toward fulfilling its obligations unde r the contract of participation and becoming self -sufficient . Interim and final goals will differ depending on the family’s individ ual needs. Furthe r, regulations require the establishment of an interim goal regarding independence from welfare assistance. Interim Goals For each participating FSS family that receives welfare assistance, the PHA must establish as an interim goal that the family become independent from welfare assistance and remain independent from welfare assistance for at least one year before the expiration of the term of the contract of participation, including any extension thereof [24 CFR 984.303(b)(2)]. At its discretion, the PHA may also elect to suggest this as an interim goal in the ITSP regardless of whether a family is receiving welfare assistance at the time the COP is developed. PHA Policy If the family is not receiving welfare assistance at the time the contract of participation is being developed, the PHA will not suggest to each family participating in the FSS program that the family include an interim goal on its individual training and services plan for the family to become independent from welfare as sistance and remain welfare - free for at least one year before the expiration of the term of the contract of participation . However, remaining off of welfare assistance will remain as a final goal in all family’s ITSP. Individual Training & Service Plans for Other than FSS Head An individual training and services plan is only required for the head of the FSS family. This means that it is the PHA’s decision, after consulting with the family, whether to create an ITSP and provide supportive services to other family members aged 18 or over if they want to participate in the FSS program and supportive services are available [Notice PIH 93 -24, G -16]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -34 PHA Policy The PHA will permit additional family members to have an ITSP if funding and resources are available. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -35 5-I.C. FAMILY OBLIGATIONS Compliance with Lease Terms One of the obligations of the FSS family according to the contract of participation is to comply with the terms and conditions of the public housing lease or housing choice voucher program assisted lease [24 CFR 984.303(b)(3)]. Inability to comply with the lease represents an inability to comply with the contract; therefore regulations regarding noncompliance with the FSS contract apply [see 24 CFR 984.303(b)(5)]. It is up to the PHA to determine the plan of action for FSS families found in noncompliance with the lease and how the PHA will precisely define the term comply with the lease. PHA Policy Comply with the lease means the FSS family has not been evicted for serious violations of the lease; or if they have been evicted for serious violations of the lease, the family has prevailed in either the grievance hearing or the informal hearing process. The PHA’s FSS program will not terminate the FSS contract of participation for failure to comply with the terms of the lease. Employment Obligation [24 CFR 984.303 (b)(4)] Another obligation set forth by the contract of participation is for the head of the FSS family to seek and maintain suitable employment during the term of the contract and any extension. Although other members of the FSS family may seek and maintain employment during the term of the contract, it is only a requirement for the head of the FSS family. The obligation for the head of the FSS family to seek employment is defined in the regu latory language as meaning that the head of the FSS family has applied for employment, attended job interviews, and has otherwise followed through on employment opportunities. However, this definition still leaves room for policy decisions on the part of the PHA because it does not define the level of activity involved in “seeking.” There is no regulatory definition of maintain employment. For this reason, it is up to the PHA to define the term. In addition, there is no minimum period of time that an FSS head of household needs to be employed in order to meet its contract of participation requirements [Notice PIH 93 -24, G-9]. According to regulation, the PHA makes a determination of suitable employment based on the skills, education, and job training of the FSS head of household, and based on the available job opportunities within the jurisdiction served by the PHA [24 CFR 984.303(b)(4)(iii)]. Th is means that the PHA has the ultimate responsibility for making the decision regarding the suitability of employm ent . However, this decision must be made in conjunction with the head of the FSS family [Notice PIH 93 -24, G-3]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -36 PHA Policy For purposes of the PHA’s FSS program, seek employment means the head of household has applied for employment, attended job inte rviews , attended job fairs, , and otherwise followed through on employment opportunities as outlined in the individual training and services plan of his or her contract of participation. Maintain employment means that the FSS head of household will complet e all of the obligations outlined in the individual training and services plan in his or her contract of participation (COP) and be employed full-time on the last effective day of the COP. Suitable employment is any full -time employment that is obtained by the FSS head of household. The FSS program requires that FSS participants obtain full time employment equivalent to 32 or more hours per week. Program participants may work at multiple jobs in order to meet this requirement. 5-I.D. CONSEQUENCES OF NONCOMPLIANCE WITH THE CONTRACT Consequences apply for families who do not meet the terms and conditions of the contract. The regulations require that the contract of participation specify that if the FSS family fails to comply, without good cause, with the terms and conditions of the contract (including compliance with the public housing lease or the HCV -assisted lease ), the PHA may: • Withhold supportive services • T erminate the family's participation in the FSS program • In an HCV FSS program, terminate or wit hhold the family’s HCV program assistance However, the PHA may not terminate or withhold the family’s HCV program assistance if the only basis for noncompliance with the contract of participation is noncompliance with the lease or failure to become indepe ndent from welfare assistance. Still, failure to become independent from welfare assistance because of failure of the head of household to meet the employment obligation specified in the contract, or failure of the FSS family to meet any other obligation u nder the contract of participation (except the interim goal concerning welfare assistance) is grounds for the PHA to terminate or withhold HCV program assistance [24 CFR 984.303(b)(5)]. PHA policy regarding termination of HCV program assistance due to fai lure to comply with the requirements of the COP without good cause is found in Section 5-II.G. of this action plan. PHA Policy The contract of participation (COP) will be terminated before the expiration of the contract term if the participant fails to me et, without “good cause,” their obligations as outlined in the COP. If the participant fails to meet its obligations outlined in the COP, the FSS coordinator, or their designee, will first consult with the family to reassess the need for supportive services or a change in the individual training and services plan (ITSP). Then, if a reassessment of supportive services or a change in the ITSP is not successful in bringing the family in compliance, the FSS coordinator will withhold supportive services for no more than 90 days until the participant meets their obligations outlined in the COP. Finally, if neither of these alternatives is successful, the FSS coordinator will terminate the COP for failure to complete the tasks, interim goals, or DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -37 final goals of the ITSP in a timely manner, and thus failure to complete the obligations outlined in the COP. The FSS coordinator will make an exception to the actions in terminating the COP if the participant can demonstrate “good cause” for the failure to meet its obligati ons as outlined in the COP. For purposes of the PHA FSS program, good cause includes: Family circumstances Death in the family Serious illness Medical emergency Mandatory court appearances Involuntary loss of employment Loss of head of household through death, incarceration, or removal from lease Change in the ITSP improving progress toward economic self-sufficiency Community circumstances Significant reduction in workforce (over 20 percent reduction in employment field) Significant interruption in service delivery (over 3 month’s interruption) Provider noncompliance with regulation Provider unable/unwilling to provide service Provider offering inferior service DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -38 PART II. CONTRACT SPECIFICATIONS 5-II.A. OVERVI EW In addition to making clear the family’s obligations under the program, the contract of participation contains specific terms and conditions, including those governing contract modifications, terminations, and grievance procedures. This part describes those specifications and associated policy. 5-II.B . CONTRACT TERM [24 CFR 984.303(c)] The contract term is five years. This means that the family has no more than five years from the effective date of the contract of participation (COP) to fulfill their obligations as specified in the contract. This fiv e-year term requirement will be specified in the COP. Contract Extension [24 CFR 984.303(d)] While the term set forth in the contract of participation is for five years, contract extensions are possible. According to regulation, PHAs will for “good cause” extend the term of the contract for a period not to exceed two years for any FSS family that requests an extension of the contract in writing. The family ’s written request for an extension must include a description of the need for the extension. Good cau se means circumstances beyond the control of the FSS family, as determined by the PHA, such as a serious illness or involuntary loss of employment (further defined by PHA policy in Section 5-I.D.). Extension of the contract of participation will entitle th e FSS family to continue to have amounts credited to the family’s FSS account. PHA P olicy FSS contract extension requests should be submitted to the FSS Coordinator before the FSS contract end date. Contract extension requests should be submitted to the F SS Coordinator a minimum of six months before an FSS participant’s contract expires. 5-II.C. MODIFICATION OF THE CONTRACT The contract of participation (COP) does have the ability to be modified, as long as the PHA and the FSS family mutually agree to m odify it . This includes modifications in writing with respect to the individual training and services plans (ITSPs), the contract term (See Section 5 -II.B. above), and designation of the head of the family [24 CFR 984.303(f)]. In addition, the PHA may also delete the line in the COP under “Corrective Actions to Meet Family Responsibilities” stating that if the family is participating in the HCV program, the PHA may terminate HCV assistance when allowed by HUD requirements. Mutual agreement is not needed for this modification [Notice PIH 95-5]. Termination of HCV assistance is covered in further detail in Section 5-II.G.The conditions under which the PHA will modify the contract are set forth in the policy below. PHA Policy In the PHA’s FSS program, the COP w ill be modified by mutual agreement between the PHA and the head of household: DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -39 When modifications to the ITSP improve the participant’s ability to complete their obligations in the COP or progress toward economic self- sufficiency When the designated head of the FSS family ceases to reside with other family members in the assisted unit, and the remaining family members, after consultation with the public housing or HCV program representative, designate another family member to be the head of household and r eceive escrow funds When a relocating family is entering the FSS program of a receiving PHA and the start date of the COP must be changed to reflect the date the new COP is signed with the receiving PHA The PHA will also remove the line under “Corrective A ctions to Meet Family Responsibilities” stating that if the family is participating in the HCV program, the PHA may terminate the assistance when allowed by HUD requirements . 5-II.D. COMPLETION OF THE CONTRACT By regulation, the contract of participation is considered to be completed, and a family’s participation in the FSS program is considered to be concluded when one of the following occurs [24 CFR 984.303(g)]: • The FSS family has fulfilled all of its obligations under the contract of participation on or before the expiration of the contract term, including any extension thereof. • 30 percent of the monthly adjusted income of the FSS family equals or exceeds the published existing housing fair market rent for the size of the unit for which the FSS family qua lifies based on the PHA ’s occupancy standards. The contract of participation will be considered completed and the family ’s participation in the FSS program concluded on this basis even though the contract term, including any extension thereof, has not expired, and the family members who have individual training and services plans have not completed all the activities set forth in their plans. Policies on verifying completion of the contract of participation can be found in Section 6-I.C. of this action plan . 5-II.E. TRANSITIONAL SUPPORTIVE SERVICE ASSISTANCE Even after a family has completed the contract of participation, a PHA may continue to offer appropriate FSS supportive services to a former FSS family whose head of family is employed. If the family sti ll resides in public housing, or HCV -assisted housing, these supportive services would be offered for becoming self-sufficient . If the family no longer resides in public housing, HCV -assisted housing, or other assisted housing, these supportive services wo uld be offered for remaining self -sufficient [24 CFR 984.303(j)]. PHA Policy The PHA will continue to offer supportive services to a former FSS family who has completed its contract of participation, and whose head of family is employed. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -40 5-II.F. TERMINA TION OF THE CONTRACT The contract of participation may be terminated before the expiration of the contract term and any extension of the contract by the following [24 CFR 984.303(h)]: • Mutual consent of the parties • F ailure of the FSS family to meet its ob ligations under the contract of participation without good cause, including in an HCV FSS program the failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA • T he family ’s withdrawal from the FSS pr ogram • Such other act as is deemed inconsistent with the purpose of the FSS program • Operation of law PHA Policy The COP will be terminated before the expiration of the contract term, and any extension thereof, for any of the following reasons: Mutual consent of the parties Failure of the FSS family to meet its obligations under the contract of participation without good cause In an HCV FSS program, failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA without continued assistance under portability Family’s withdrawal from the FSS program Such other act as is deemed inconsistent with the purpose of the FSS program Operation of law If the FSS family faces termination due to failing to meet, witho ut good cause, its obligations under the COP, the PHA will follow the relevant policy specified in Section 5-I.D. of this action plan. Good cause for the purposes of the FSS program is also defined in Section 5-I.D. In addition, the contract of participa tion is automatically terminated if the family ’s HCV assistance is terminated in accordance with HUD requirements [24 CFR 984.303(h)]. 5-II.G. OPTION TO TERMINATE SECTION 8 HOUSING AND SUPPORTIVE SERVICE ASSISTANCE [24 CFR 984.303(i)] As touched upon in Section 5-I.D. of this action plan, the PHA has the option to terminate or withhold HCV housing assistance, supportive services, and the FSS family’s participation in the FSS program, if the PHA determines (in accordance with the hearing procedures provided in 24 CFR 982.555) that the FSS family has failed to comply without good cause with the requirements of the contract of participation . DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -41 PHA Policy The PHA will not withhold or terminate HCV housing assistance if the PHA determines that the FSS family faile d to comply without good cause with the requirements of the COP unless the actions prompting termination of the FSS COP would also, independently, prompt termination of the HCV voucher. 5-II.H. NULLIFICATION OF CONTRACT FOR UNAVAILABILITY OF SUPPORTIVE SER VICES [24 CFR 984.303(e)] In addition to termination, the contract of participation can also be ended ahead of time as a result of integral supportive services being unavailable. This, however, should only occur as a last resort: • If a social service agency fails to deliver the supportive services pledged under an FSS family member’s individual training and services plan (ITSP), the PHA must make a good faith effort to obtain thes e services from another agency. • If the PHA is unable to obtain the services from another agency, the PHA must reassess the family member’s needs and determine whether other available services would achieve the same purpose. • If other available services would not achieve the same purpose, the PHA shall determine whether the unavailable services are integral to the FSS family’s advancement or pr ogress toward self -sufficiency. • If the unavailable services are not integral to the FSS family’s advancement toward self - sufficiency, the PHA must revise the ITSP , delete these services, and modi fy the contract of participation to remove any obligation on the part of the FSS family to a ccept the unavailable services. • If the unavailable services are determined to be integral to the FSS family’s advancement toward self -sufficiency (which may be the case if the affected family member is the head of the FSS family), the PHA shall declare the contract of participation null and void. Nullification of the contract of participation on the basis of unavailability of supportive services shall not be grounds for termination of HCV assistance. 5-II.I. GRIEVANCE PROCEDURES When adverse action is taken by the PHA against a family, the PHA is required to provide a grievance hearing in the public housing program, or an informal hearing in the housing choice vouche r program [24 CFR 966 subpart B, 24 CFR 982.554]. According to regulatory requirements, the FSS action plan must contain the grievance and hearing procedures available for FSS families against whom the PHA has taken adverse action with regards to FSS [24 CFR 984.201(d)(9)]. PHA Policy The grievance and informal hearing procedures for the FSS program will be the same as the grievance and hearing procedures adopted for the public housing and housing choice DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -42 voucher programs in the PHA’s admissions and continued occupancy policy and administrative plan, respectively (See Chapter 16 of the SMHA Administrative Plan). Adverse actions taken within the FSS program include: Denial of admission into the FSS program Denial of request for supportive services Denial of request to change the ITSP Denial of request to change the head of household Denial of request for interim disbursement of the escrow account Denial of request to complete the COP Denial of a request for extension to the FSS COP Denial of request for final distribution of the escrow account or any portion thereof Withholding of support services Termination of the FSS COP Withholding of HCV rental assistance, when the PHA operates an HCV FSS program Termination of HCV rental assistance, when the PHA operates an HCV FSS program Denial of transitional services DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -43 ESCROW ACCOUNT INTRODUCTION The establishment of an escrow account is offered as a financial incentive to families for participation in the FSS program. Generally, under this incentive, the amount of a n increase in family rent resulting from an increase in earned income is escrowed. That is, usually a family’s rent or share of the rent goes up when the family experiences an increase in earned income. In the FSS program, this is still the case, but the p art of the rent representing the increase is deposited into an account as an escrow credit. The funds from this escrow account then become available to FSS families upon successful completion of their contracts of participation. This chapter explains how the FSS escrow account works, including calculating the amount of the escrow credit and disbursing the funds, and also covers the proper way for the PHA to manage and report on the account. This chapter contains two parts: Part I: The Escrow Account : This part provides an overview of how the escrow account works, including calculating the escrow credit and disbursing the funds upon completion of the contract of participation. Part II: Escrow Fund Accounting and Reporting: This part describes the requireme nts for managing the escrow account, including both accounting and reporting requirements. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -44 PART I. THE ESCROW A CCOUNT 6-I.A. OVERVIEW As an integral incentive to the FSS program, it is very important to have clear-cut policy spelling out how the escrow account works. This includes policy regarding the calculation of the FSS credit amount, the disbursement of FSS account funds, the use of account funds for homeownership, and forfeiture of the FSS escrow account. 6-I.B. CALCULATING THE FSS CREDIT AMOUNT For FSS families who are very low-income families, the FSS credit is the lesser of 30 percent of current monthly adjusted income less the family rent, or the current family rent less the family rent at the time of the effective date of the contract of part icipation. The family rent is obtained by disregarding any increases in earned income (as defined in 24 CFR 984.103) from the effective date of the contract of participation. For FSS families who are considered low-income families but not very low -income f amilies, the FSS credit is calculated in the same manner but cannot exceed the amount computed for 50 percent of the median income [24 CFR 984.305(b)(1)]. FSS families who are not low-income families are not entitled to any FSS credit [24 CFR 984.305(b)(2 )]. Determination of Family Rent and Total Tenant Payment For purposes of determining the FSS credit, family rent for the public housing program is the total tenant payment as defined in 24 CFR Part 5, subpart F. For the HCV program, family rent is 30 percent of adjusted monthly income [24 CFR 984.305(b)(1)]. Total tenant payment for a family participating in the public housing FSS program is determined in accordance with the regulations set forth in 24 CFR Part 913. Increases in FSS Family Income [24 CFR 984.304] As described in the FSS credit calculations above, any increases in family earned income resulting in increases in family rent become deposited in the escrow account. For this reason, and because of the nature of the FSS account, any increase in the earned income of an FSS family during its participation in an FSS program may not be considered as income or a resource for purposes of eligibility of the FSS family for other benefits, or amount of benefits payable to the FSS family, under any other program administered by HUD, unless the income of the FSS family equals or exceeds 80 percent of the area median income (as determined by HUD, with adjustments for smaller and larger families). Cessation of FSS Credit [24 CFR 984.305(b)(3)] The PHA will n ot make any additional credits to the FSS family’s FSS account when the family has completed the contract of participation, or when the contract of participation is terminated or otherwise nullified . DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -45 6-I.C. DISBURSEMENT OF FSS ACCOUNT FUNDS Disbursement at Completion of Contract [24 CFR 984.305(c)(1)] When the contract has been completed according to regulation, t he amount in an FSS account in excess of any amount the FSS family ow es to the PHA will be paid to the head of the FSS family . However, in order to receive the disbursement, the head of the FSS family must submit a certification (as defined in §984.103) to the PHA at the time of contract completion that, to the best of his or her knowledge and belief, no member of the FSS fa mily is a recipient of welfare assistance . Disbursement before Expiration of Contract Term FSS account funds may also be disbursed before the end of the contract term. If the PHA determines that the FSS family has fulfilled its obligations under the contract of participation bef ore the expiration of the contract term and the head of the FSS family submits a certification that, to the best of his or her knowledge, no member of the FSS family is a recipient of welfare assistance, the amount in the family ’s FSS account in excess of any amount the family owes to the PHA will be paid to the head of the FSS family [24 984.305(c)(2)(i)]. In addition, the PHA may at its sole option disburse FSS account funds before completion of the contract if the family needs a portion of the funds for purposes consistent with the contract of participation and the PHA determines that the FSS family has fulfilled certain interim goals established in the contract of participation. Such cases could include using the funds to assist the family in meeting exp enses related to completion of higher education (e.g ., college, graduate school) or job training, or to meet start-up expenses involved in creation of a small business [24 984.305(c)(2)(ii)]. PHA Policy The PHA will disburse a portion of the FSS escrow account funds before completion of the COP if the PHA determines that the family has fulfilled certain interim goals and requires a portion of their FSS escrow account funds for purposes consistent with the contract of participation. Interim disbursements should not significantly deplete an FSS participants’ escrow account, however, amounts approved for disbursement will be determined based on how critical the requested disbursement is in assisting the FSS participant in accomplishing their final FSS ITSP goals. Housing Manager will review and approve all requests for disbursement. Verification of Family Certification at Disbursement Interim disbursement may only occur after the family has completed certain interim goals and funds are needed in order to complete other interim goals. Final disbursement can only occur after the family has completed the contract of participation and all members are welfare -free as defined by regulation. Because of this, it follows that the PHA may require verification for the com pletion of interim goals or the contract of participation. Before final disbursement of the FSS account funds to the family, the PHA may verify that the FSS family is no longer a recipient of welfare assistance by requesting copies of any documents which may indicate whether the family is receiving any welfare assistance, and by contacting welfare agencies [24 CFR 984.305(c)(3)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -46 HUD provides verification guidance in Notice PIH 2010-19. This guidance is mandatory for the public housing and housing choice voucher programs. The PHA’s ACOP and/or Administrative Plan must contain verification policies following the hierarchy in this notice. The policies contained in the PHA’s ACOP and Administrative Plan cover verification policies related to the FSS program in general. However, determining the need for interim disbursements may require more clarification as to what constitutes an acceptable third -party source. PHA Policy The PHA will require verification that the FSS family has completed certain interim goals (for interim disbursements), or has completed the contract of participation, and that the FSS family is no longer a recipient of welfare assistance (for final disbursements), as relevant, before making interim and final disbursements. The PHA will follow HUD’s verification hierarchy set forth in Notice PIH 2010-19 to make these verifications. However, when necessary, the PHA will use a knowledgeable professional as a third -party source to verify the need for interim disbursements. Succession to FSS Account [24 CFR 984.305(d)] FSS account funds should be disbursed to the head of the FSS family. However, i f the head of the FSS family no longer resides with the other family members in the public housing or the HCV -assisted unit, the remaining members of the F SS family, after consultation with the PHA, have the right to designate another family member to receive the funds . 6-I.D. USE OF FSS ACCOUNT FUNDS FOR HOMEOWNERSHIP According to regulation, a public housing FSS family may use its FSS account funds for th e purchase of a home, including the purchase of a home under one of HUD’s homeownership programs, or other f ederal, state, or local homeownership programs, unless the use is prohibited by the statute or regulations governing the particular homeownership pr ogram [24 CFR 984.305(e)]. Homeownership is just one option for use of the FSS account funds. PHAs may not restrict the use of escrow funds at contract completion [Notice PIH 93-24, C-13]. 6-I.E. FORFEITURE OF FSS ACCOUNT FUNDS Amounts in the FSS account will be forfeited when the contract of participation is terminated, or when the contract of participation is completed by the family (see Section 5 -II.D. of this action plan) but the FSS family is receiving welfare assistance at the time of expiration of the term of the contract of participation, including any contract extension [24 CFR 984.305(f)(1)]. Treatment of Forfeited FSS Account Funds Treatment of forfeited FSS account funds differ depending on the type of FSS program the PHA operates. For public housing FSS programs, FSS account funds forfeited by the FSS family will be credited to Other Income and will become part of Unrestricted Net Assets. Forfeited FSS account funds will be counted as other income in the determination of operating subsidy eligibility for the next budget year [24 CFR 984.305(f)(2)(i)]. In the housing choice voucher program, forfeited FSS account funds will be treated as program receipts for payment of program expenses under the PHA budget for the program, and will be DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -47 used in acc ordance with HUD requirements governing the use of program receipts [24 CFR 984.305(f)(2)(i)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -48 PART II. ESCROW FUND ACCOUNTING AND REPORTING 6-II.A. OVERVIEW Regulations set forth specific requirements involving the accounting and reporting for the FSS escrow account. This part describes those requirements and the PHA policy necessary for managing the account from the PHA perspective. 6-II.B. ACCOUNTING FOR FSS ACCOUNT FUNDS When establishing FSS escrow accounts, the PHA must deposit the FSS account funds of all families participating in the PHA’s FSS program into a single depository account for each (public housing or HCV) program. In addition, the funds held in this account must be invested in one or more of the HUD-approved investments [24 CFR 984.305]. The total of the combined FSS account funds will be supported in the PHA accounting records by a subsidiary ledger showing the balance applicable to each FSS family. During the term of the contract of participation, the PHA periodically, but not less than annually, credits the amount of the FSS credit (see Section 6 -I.B.) to each family ’s FSS account [24 CFR 984.305(a)(2)(i)]. PHA Policy The PHA will credit the amount of the FSS credit(s) to each family’s account on a monthly basis. Proration of Investm ent Income [24 CFR 984.305(a)(2)(ii)] Because the FSS account funds are to be invested, the investment income for those funds in the FSS account will also need to be credited to each family’s account. By regulation, these funds are to be prorated and credi ted to each family ’s FSS account based on the balance in each family ’s FSS account at the end of the period for which th e investment income is credited. PHA Policy Each month the full amount of the investment income for funds in the housing choice voucher FSS account will be prorated and credited to each family’s subsidiary line item after this line item has been reduced by the amount of unpaid rent and other amounts due under the HCV -assisted lease. Reduction of Amounts Due by FSS Family [24 CFR 984.305(a )(2)(iii)] If the FSS family has not paid the family contribution towards rent, or other amounts, if any, due under the public housing or HCV -assisted lease, the balance in the family ’s FSS account shall be reduced by that amount (as reported by the owner to the PHA in the HCV FSS program) before prorating the interest income. If the FS S family has fraudulently underreported income, the amount credited to the FSS account will be based on the income amounts origin ally reported by the FSS family. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -49 6-II.C. R EPORTING ON THE FSS ACCOUNT Each PHA is required to make a report, at least once annually, to each FSS family on the status of the family ’s FSS account. At a minimum, the report must include [24 CFR 984.305(a)(3)]: • The balance at the be ginning of the repo rting period • The amount of the family’s rent payment that was credited to the FSS accou nt, during the reporting period • Any deductions made from the account for amounts due the PHA before interest is distributed • The amount of interest earned on the account during the year • The total in the account at the end of the reporting period PHA Policy The PHA will provide FSS participants an annual statement on the status of their FSS escrow account. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -50 PORTABILITY IN HOUSING CHOICE VOUCHER FS S PROGRAMS INTRODUCTION PHA s operating HCV FSS programs must be familiar with the rules and regulations regarding portability under the housing choice voucher program. As with the case of portability in the HCV program in general, the FSS family may move outside the initial PHA juri sdiction under portability procedures after the first 12 months of the FSS contract of participation [24 CFR 984.306]. In the event that an FSS family chooses to exercise portability, certain special requirements regarding the FSS program would apply. Thi s chapter describes the obligations of the initial PHA, the receiving PHA, and the FSS family under portability, in addition to any special stipulations regarding portability in the FSS context. This chapter contains two parts: Part I: Portability in the F SS Program: This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation when a family moves into or from another PHA’s jurisdiction. Part II: The Effects of Portability on FSS Regulations and Policy: This part describes the specific ways in which portability affects different aspects of the FSS program, including the escrow account, program termination, loss of the FSS account, and termination of HCV program assistance. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -51 PART I: PORTABILITY IN THE FSS PROGRAM 7-I.A. OVERVIEW Portability is a statutory feature of the housing choice voucher program—it is included in the law. As such, PHAs operating an HCV FSS program need to understand the eff ects that portability will have on HCV FSS families and program operation. This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation whe n a family moves into or from another PHA’s jurisdiction. 7-I.B. DEFINITIONS For the purposes of portability with regards to the FSS program, the following definitions will be used [24 CFR 982.4, 24 CFR 984.306]. • Initial PHA means both: 1. A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and 2. A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA. • Receiving PHA means a PHA that receives a family selecte d for participation in the tenant- based program of another PHA. The receiving PHA either absorbs the family into its program, including issu ing a voucher and providing rental assistance to the family, or bills the initial PHA for the family’s housing assis tance payments and the fees for administering the family’s voucher. • Relocating FSS Family refers to an FSS family that moves from the jurisdiction of a PHA at least 12 months after signing its contract of participation. 7-I.C. RESIDENCY REQUIREMENTS Fami lies participating in an HCV FSS program are required to lease an assisted unit within the jurisdiction of the PHA that selected the family for the FSS program for a minimum per iod of 12 months after the effective date of the contract of participation. How ever, the initial PHA may approve a family ’s request to move outside its jurisdiction under portability during this period [24 CFR 984.306(b)(1)]. PHA Policy The PHA will approve a family’s written request to move outside its jurisdiction under portability during the first 12 months after the effective date of the contract of participation if needed for training, education, employment, support services, or to meet personal family needs. After the first 12 months of the FSS contract of participation, the FSS family may move outside the initial PHA jurisdiction under portability procedures regardless of PHA approval [24 CFR 984.306(b)(2)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -52 7-I.D. CONTRACT OF PARTICIPATION Once a family moves outside the initial PHA’s jurisdiction, a determination will need t o be made regarding whether the family will continue to participate in the initial PHA’s FSS program or whether it will participate in the FSS program of the receiving PHA. Continued Participation in the FSS program of the Initial PHA A relocating FSS fami ly may continue in the FSS program of the initial PHA if the family demonstrates to the satisfaction of the initial PHA that, notwithstanding the move, the relocating FSS family will be able to fulfill its responsibilities under the initial or modified con tract of participation at its new place of residence. For example, this could mean that the FSS family may be able to commute to the supportive services specified in the contract of participation, or the family may move to obtain employment as specified in the contract [24 CFR 984.306(c)]. PHA Policy The PHA will approve a relocating family’s request to continue in its FSS program if the family demonstrates to the PHA’s satisfaction that, notwithstanding the move, the relocating FSS family will be able to fulfill its responsibilities under the existing or modified contract of participation at its new place of residence. Should the relocating family stay in the initial PHA’s FSS program, there will be only one contract of participation. This will be the same contract as originally executed by the initial PHA [24 CFR984.306(c)(2)]. Participation in the FSS Program of the Receiving PHA When a family moves into the jurisdiction of another PHA, the relocating FSS family may participate in the FSS program of the re ceiving PHA if the receiving PHA allows the family to do so. However, a PHA is not obligated to enroll a relocating FSS family in its FSS program [24 CFR 984.306(d)(1)]. PHA Policy The PHA, as the receiving housing authority, will not allow a relocating FS S family to participate in its FSS program if the family owes money to any PHA, needs an essential service that is not available in its community, or participated in its FSS program in the past and did not complete. In cases where the receiving PHA allows the relocating FSS family to participate in its FSS program, the receiving PHA will enter into a new contract of participation with the FSS family for the term remaining on the contract with the initial PHA. The initial PHA will then terminate its contract of participation with the family [24 CFR 984.306(d)(2)]. DR A F T RE V I S I O N 20 1 6 © Copyright 20 14 by Nan McKay & Associates Admin Plan 16 -17 Unlimited copies may be made for internal use. Page 1 8 -53 PART II: THE EFFECTS OF PORTABILITY ON FSS REGULATIONS AND POLICY 7-II.A. OVERVIEW The regulations set forth under the FSS program will sometimes be affected by the regulations of the public housing and housing choice voucher programs. Portability, as an integral part of the housing choice voucher program, is an excellent example of how HCV regulations can in turn affect FSS program operation. This part describes the specific ways in which portabili ty affects different aspects of the FSS program, including the escrow account, program termination, loss of the FSS account, and termination of HCV program assistance. 7-II.B. PORTABILITY AND THE ESCROW ACCOUNT [24 CFR 984.306(e)] The escrow account is one aspect of the FSS program that could present an issue if a participant family decides to move under portability because the family’s account is administered by the initial PHA. R egardless of whether the relocating FSS family remains in the FSS program of the initial PHA or is enrolled in the FSS program of the receiving PHA, FSS regulations specify that there will be a single FSS account to be maintained by the initial PHA so long as the initial PHA is ultimately paying the housing assistance payment . Howe ver, w hen an FSS family is absorbed by the receiving PHA, the initial PHA transfer s the family ’s FSS account to the receiving PHA, and the receiving PHA begins administering the account. 7-II.C. PROGRAM TERMINATION, LOSS OF FSS ACCOUNT, AND TERMINATION OF SECTION 8 ASSISTANCE Another point of consideration for PHAs is noncompliance with the contract of participation when the FSS participant family moves outside of the PHA’s jurisdiction. In such cases, noncompliance with the contract is treated the same und er portability as it is if the noncompliance occurred in the initial PHA’s jurisdiction. According to the regulatory language, i f an FSS family that relocates to another jurisdiction is unable to fulfill its obligations under the contract of participation (or any modifications to the contract), the PHA administering the contract may either terminate the FSS family from the FSS program and the family ’s FSS account will be forfeited; or , the PHA may terminate the FSS family from the FSS program and the family ’s FSS account will be forfeited, and terminate the FSS family ’s HCV program assistance on the grounds that the family failed to meet its obligations under the contract of participation [24 CFR 984.306(f)(1)]. PHA policy regarding the consequences of nonco mpliance with the FSS contract of participation can be found in Section 5-I.D. of this action plan . Good cause is li kewise defined in this section. PHA policy regarding the termination of HCV program assistance due to failure to comply with the contract of participation is written in Section 5-II.G. of this action plan. In the event of forfeiture of the family's FSS account, the funds in the family’s FSS account will revert to the PHA maintaining the FSS escrow account for the family [24 CFR 984.306(f)(2)]. DR A F T RE V I S I O N 20 1 6 Page 19 -1 CHAPTER 1 9 : CONTINUUM OF CARE (COC) PART I: OVERVIEW OF THE CoC PROGRAM ......................................................................... 4 19-I.A. OVERVIEW ................................................................................................................... 4 19-I.B. PURPOSE [24 CFR 578.1] ............................................................................................ 4 19-I.C. PROGRAM COMPONENTS [24 CFR 578.37] ............................................................ 5 19-I.D. ELIGIBLE COSTS ......................................................................................................... 6 Rental Assistance [24 CFR 578.51] ........................................................................................ 6 19-I.E. SUPPORTIVE SERVICES ............................................................................................ 6 19-I.F. MATCH REQUIREMENT [24 CFR 578.73] ................................................................ 7 19-I.G. TERM OF THE PROGRAM ......................................................................................... 7 19-I.H. CoC POLICIES AND PROCEDURES ......................................................................... 8 PART II: FAIR HOUSING AND EQUAL OPPORTUNITY ....................................................... 9 PART III: ELIGIBILITY .............................................................................................................. 10 19-III .A. EVIDENCE OF ELIGIBILITY/CHRONICALLY HOMELESS CERTIFICATION ................................................................................................................................................... 10 Evidence of Homeless Status ................................................................................................ 10 Evidence of Duration of Homelessness ................................................................................ 11 Evidence that the Homeless Occasion was Continuous, for at Least One Year ................... 11 Evidence that the Household Experienced at L east Four Separate Homeless Occasions Over 3 Years. ................................................................................................................................. 11 Evidence of Applicant’s Disabling Condition ...................................................................... 12 19-III.B. DENIAL OF ASSISTANCE ..................................................................................... 12 19-III.C. CRIMINAL BACKGROUND CHECKS .................................................................. 13 PART IV: APPLICATIONS, WAITING LIST AND TENANT SELECTION .......................... 14 19-IV.A. APPLYING FOR ASSISTANCE ............................................................................. 14 17-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS ......................................... 14 19-IV.C. SCREENING AND ASSESSMENT ......................................................................... 14 19-IV.D. TENANT SELECTION ............................................................................................ 15 19-IV.E. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST ....................... 16 DR A F T RE V I S I O N 20 1 6 Page 19 -2 19-IV.F. PLACEMENT ON THE WAITING LIST ................................................................ 17 Eligible for Placement on the Waiting List ........................................................................... 17 Ineligible for Placement on the Waiting List ........................................................................ 17 19-IV.G. NOTIFICATION OF SELECTION .......................................................................... 18 PART V: BRIEFINGS AND VOUCHER ISSUANCE ............................................................... 19 19-V.A. THE APPLICATION INTERVIEW/VOUCHER ISSUANCE ................................. 19 19-V.B. TBRA VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL (RTA) 19 19-V.C. PBRA VOUCHER ISSUANCE/ REQUEST FOR TENANCY APPROVAL (RTA) ................................................................................................................................................... 19 PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] .................................................................................................................................. 20 19-VI.A. TENANT RENT PORTION ..................................................................................... 20 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] .................... 21 PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] .......................................... 22 19-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 528.305(a)] ................................ 22 19-VIII.B. RENT REASONABLENESS ................................................................................. 22 PART I X: GENERAL LEASING POLICIES .............................................................................. 23 19-IX.A. PAYMENT FOR A VACATED UNIT .................................................................... 23 19-IX.C. PAYMENT FOR TENANT CAUSED DAMAGES ................................................ 23 19-IX.D. LIMITATIONS ON CoC ASSISTANCE ................................................................. 23 Family Self Sufficiency (FSS) .............................................................................................. 23 Exclusion Income Disability (EID) ...................................................................................... 23 Change of Head of Household (HOH) [24cfr 582 (3)] ......................................................... 23 PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY .................... 24 19-X.A. MOVING WITH CONTINUED ASSISTANCE [24 CFR 578.51] ........................... 24 19-X.B. PORTABILITY .......................................................................................................... 24 19-X.C. TENANT TRANSFERS FROM PBRA TO TBRA ................................................... 24 19-X.D. TENANT TRANSFERS FROM TBRA TO HCV ..................................................... 24 19X.E. TRANSFERS BY THE SMHA .................................................................................... 24 PART XI: REEXAMINATIONS [24 CFR 582.310] ................................................................... 26 PART XII: TERMINATION OF ASSISTANCE AND TENANCY ........................................... 27 DR A F T RE V I S I O N 20 1 6 Page 19 -3 PART XVIII: PROGRAM ADMINISTRATION ........................................................................ 28 DR A F T RE V I S I O N 20 1 6 Page 19 -4 P ART I: OVERVIEW OF THE Co C PROGRAM 19-I.A. OVERVIEW The C ontinuum o f C are (CoC) Program is a McKinney -Vento Homeless Assistance Program designed to assist individuals (including unaccompanied youth) and families experiencing homelessness and to provide the services needed to help such individuals move into supportive and permanent housing with the goal of long-term stability. More broadly, the program is designed to promote community-wide planning and strategic use of resources to address homelessness; improve coordination and integration with mainstream resources and other programs targeted to p eople experiencing homelessness; improve data collection and performance measurement; and allow each community to tailor its program to the particular strengths and challenges within that community. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney -Vento Homeless Assistance Act. Among other changes, the HEARTH Act consolidated the three separate McKinney -Vento homeless assistance programs (Supportive Housing program, Shelter Plus Care program, and Section 8 Moderate Rehabilitation SRO program) into a single grant program known as the Continuum of Care (CoC) Program. The Continuum of Care Program interim rule was published by HUD in the Federal Register . The rule now governs the CoC Program. CoC funding is subject to availability. Each year, HUD awards CoC Program funding competitively to nonprofit organizations, States, and/or units of general purpose local governments, collectively known as recipients . In turn, recipients may contract or sub grant with other organizations or government entities, known as subrecipients, to carry out the grant’s day- to -day program operations. 19-I.B. PURPOSE [24 CFR 578.1] The CoC program is authorized by subtitle C of title IV of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to assist sheltered and unsheltered homeless people by providing the housing and/or services needed to help individuals move into supportive and permanent housing, with the goal of long-term stability. According to 24 CFR Part 578.1(b), the primary purpose of the CoC Program is to: • Promote community-wide commitment to the goal of ending homelessness. • Provide funding for efforts by nonprofit providers, States, and local governments to re- h ouse homeless individuals and families rapidly while minimizing the trauma and dislocation caused to homeless individuals, families, and communities as a consequence of homelessness. DR A F T RE V I S I O N 20 1 6 Page 19 -5 • Promote access to and effective use of mainstream programs by homeless individuals and families. • Optimize self -sufficiency among individuals and families experiencing homelessness. 19-I.C. PROGRAM COMPONENTS [24 CFR 578.37] The CoC program can be used to fund five program components: Permanent Housing, which encompasses both permanent supportive housing and rapid rehousing projects; Transitional Housing: Supportive Services Only; HMIS; and Homelessness Prevention. The City of Santa Monica Housing Authority (SMHA) receives funds for the Permanent Housing component only. The SMHA provides permanent supportive housing assistance through two different models of rental assistance: the Tenant -based Rental Assistance (T BRA) and Project-based rental assistance (P BRA) of 24 CFR 582. The program provides assistance to chronically homeless individuals and families with disabilities, who have been diagnosed with the following: • Substance use disorder • Serious mental illness • Developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bi ll of Rights Act of 2000 (42 U.S.C. 15002) • Post-traumatic stress disorder • Cognitive impairments resulting from brain injury • Chronic physical illness or disability Permanent housing (PH) is defined as community-based housing without a designated length of stay in which formerly homeless individuals and families live as independently as possible. P er manent supportive housing (PSH) is permanent housing with indefinite leasing or rental as sistance paired with services to help homeless people with disabilities achieve housing st ability and prevent recidivism. The definition of “chronically homeless” currently in effect for the CoC Program is that which is defined in the CoC Program interim rule at 24 CFR 578.3, which states that a chronically homeless person is: 1. An individual who: a) Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and b) Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last 3 years; and c) Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002)), DR A F T RE V I S I O N 20 1 6 Page 19 -6 post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability; 2. An individual who: a) Has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph 1. of this definition, before entering that facility; or b) A family with an adult head of household (or if there is no adult in the family, a minor head of household) wh o meets al l of the criteria in paragraph 1. of this definition, including a family whose composition has fluctuated while the head of household has been homeless. 19-I.D. ELIGIBLE COSTS Rental Assistance [24 CFR 578.51] The SMHA is awarded HUD funds for CoC program tenant and project based rental assistance to serve the disabled and chronically homeless population. Rental assistance is a category under the PH program component and is divided into Tenant based (TBRA), and project based (PBRA). Under the tenant -based housing choice voucher program, the PHA issues an eligible family a voucher and the family selects a unit of its choice within the City of Santa Monica geographic area. If the family moves out of the unit, the contract with the owner ends and the family can move with continued assistance to another unit. With prior approval, v ictims of domestic violence may retain their rental assistance if they relocate to a unit outside of City of Santa Monica geographic area. Under the PBRA program, a PHA enters into an assistance contract with the owner for specified units and for a specified term. The PHA refers families from its waiting list to the project owner to fill vacancies. Because the assistance is tied to the unit, a family who moves from th e project - based unit does not have any right to continued housing assistance. However, they may be eligible for a tenant based voucher when one becomes available. 19-I.E. SUPPORTIVE SERVICES The City of Santa Monica Community & Cultural Services Department, Human Services Division administers supportive services funds through its Human Services Grants Program (HSGP). Funding awarded through the HSGP comes from multiple sources both locally and nationally, including the City’s Ge neral Fund, City development agreements, Los Angeles County Proposition A, and federal entitlement (CDBG) and federal competitive grants. The City of Santa Monica enters into Memorandum of Understanding with supportive services agencies that provide services to applicants and participants of the CoC Program. These agencies provide the following eligible types of supportive services: DR A F T RE V I S I O N 20 1 6 Page 19 -7 • Annual assessment of service needs • Assistance with moving costs • Case management • Child care operations or vouchers • Educat ion services • Employment assistance and job training • Food (meals or groceries for program participants) • Housing search and counseling • Legal services • Life skills training • Outpatient mental health services • Outpatient health services • Outreach services • Outpatient substance abuse treatment services • Transportation • Utility deposits 19-I.F. MATCH REQUIREMENT [24 CFR 578.73] The SMHA is required to match program administration funds, operations expenses, rental assistance and supportive services funds with no less than a 25 percent cash or in-kind contribution. The SMHA will calculate and document services provided to CoC participants to meet the matching service dollars requirement of the grants. The Human Services Division and sponsor agencies will provide SMHA with annual reports documenting the supportive services match provided by the sponsoring agencies and any other service providers in the community. The m atch reports will contain information relevant to services and in-kind match provided as the service provider’s contribution to the project. Match reports are due to SMHA no later than one month after the end of each grant’s operating year. Sponsor agenci es must maintain individual match records on every CoC program participant and must submit the summary report to SMHA. Sponsor ag encies must utilize the Santa Monica Continuum of Care Homeless Management Information System (HMIS) for intake, service provision, program exit data collection as required by HUD and City of Santa Monica Human Services Division. The Human Services Division has developed procedures and reporting formats to collect and compile this information and oversees the maintenance of the HMIS system. 19-I.G. TERM OF THE PROGRAM Grant funding made available under 24 CFR 578 and the McKinney-Vento Homeless Assistance Act, as in effect before August 30, 2012, may be renewed to continue ongoing rental assistance, operations, supportive services and administration beyond the initial funding period. HUD may award up to one (1) year of rental assistance for tenant -based and sponsor-based programs with the option of being renewed for as long as there is a continuum of funding available for this DR A F T RE V I S I O N 20 1 6 Page 19 -8 program. Renewals of project -based rental assistance are for one (1) year of rental assistance, subject to availability of annual appropriations. 19-I.H. CoC POLICIES AND PROCEDURES The SMHA receives annual funding for the CoC program as a member of The Los Angeles Housing Services Authority (LAHSA) Continuum of Care. It is the CoC coordinating body that determines whether or not a CoC grant application is eligible to be submitted to HUD for renewal consistent with HUD criteria and priorities . [24 CRF 578.9 (a) (3)] LAHSA CoC provides for the consultation and participation of not less than one homeless or formally homeless individual to serve on the board of directors. [24 CFR 578.5 (b) (2)] The Santa Monica Housing Commission , who serve s as the advisory board for the Housing Authority, reviews and adopts all policies and procedures. The Santa Monica City Council, who serves as the Board of Directors for the Housing Authority, adopts policies and procedures annually. The CoC program policies and procedures are the same as that of the Housing Choice Voucher (HCV) program , except as otherwise noted in this plan . If there is a conflict between program regulations and the Administrative Plan, the program regulations have preceden ce. DR A F T RE V I S I O N 20 1 6 Page 19 -9 PART II: FAIR HOUSING AND EQUAL OPPORTUNITY (Refer to SMHA Administrative Plan 2.2 to 2.14) DR A F T RE V I S I O N 20 1 6 Page 19 -10 PART III: ELIGIBILITY (Refer to SMHA Administrative Plan 3.2 to 3.31) 19-III.A. EVIDENCE OF ELIGIBILITY/CHRONICALLY HOMELESS CERTIFICATION In addition to the evidence of eligibility required under the HCV program, a cceptable evidence of chronic ally homeless status is required at the time of application . All applicants must meet the defin ition for chronically homeless [24 CFR 578.3]. E vidence of the chronically homeless status of the individual or family must include the following: 1. Evidence of homeless status 2. Evidence of duration of homelessness 3. Evidence of applicant’s disabling condition Evidence of Homeless Status Evidence of an individual or head of household’s current living situation may be documented, in the following order of priority, by: 1. A written documentation of observation by an outreach worker; 2. A written referral by housing or service provider; 3. O r a certification by the household seeking assistance that demonstrates that the individual or head of household is currently homeless and living in a place not meant for human habitation, in an emergency shelter, or a safe haven. For chronically homeles s individuals currently residing in an institution, acceptable evidence includes: 1. Discharge paperwork or a written or oral referral from a social worker, case manager, or other appropriate official of the institution, stating the beginning and end dates of the time residing in the institution that demonstrate the person resided there for less than 90 days. All oral statements must be recorded by the intake worker and cosigned by a supervisor ; or 2. Where the evidence above is not obtainable, a written recor d of the intake worker’s due diligence in attempting to obtain the evidence described in the paragraph 1) above and a certification by the individual seeking assistance that states that they are exiting or have just exited an institution where they resided for less than 90 days; and 3. Evidence that the individual was homeless and living in a place not meant for human habitation, a safe haven, or in an emergency shelter, and met the criteria in paragraph 1) DR A F T RE V I S I O N 20 1 6 Page 19 -11 of the definition for chronically homeless in 24 CFR 578.3, immediately prior to entry into the institutional care facility. Evidence of Duration of Homelessness Evidence that the Homeless Occasion was Continuous, for at Least One Year Using any combination of allowable documentation described above, evidence must document that the homeless occasion was continuous, for a year period, without a break in living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter. A break is considered at least seven or more con secutive nights not residing in a place not meant for human habitation, in shelter, or in a safe haven. At least 9 months of the 1-year period must be documented by one of the following: 1. HMIS data 2. A written referral, or 3. A written ob servation by an outr each worker In only rare and the most extreme cases, HUD would allow a certification from the individual or head of household seeking assistance in place of third-party documentation for up to the entire period of homelessness. Where third-party evidence could not be obtained, the intake worker must obtain a certification from the individual or head of household seeking assistance, and evidence of the efforts made to obtain third-party evidence as well as documentation of the severity of the situation in which the individual or head of household has been living. An example of where this might occur is where an individual has been homeless and living in a place not meant for human habitation in a secluded area for more than 1 year and has not had any contac t with anyone during that entire period. Note: A single encounter with a homeless service provider on a single day within 1 month that is documented through third-party documentation is sufficient to consider an individual or family as homeless for the e ntire month unless there is any evidence that the household has had a break in homeless status during that month (e.g., evidence in HMIS of a stay in transitional housing). Evidence that the Household Experienced at Least Four Separate Homeless Occasions Over 3 Years. The applicant must provide evidence that the head of household experienced at least four, separate, occasions of homelessness in the past 3 years. Generally, at least three occasions must be documented by either: 1. HMIS data 2. A written referral, or 3. A written observation by an outreach worker , police officer, mental or physical medical practitioner DR A F T RE V I S I O N 20 1 6 Page 19 -12 Any other occasion may be documented by a self-certification with no other supporting documentation. In only rare and the most e xtreme cases, HUD will permit a certification from the individual or head of household seeking assistance in place of third-party documentation for the three occasions that must be documented by either: (1) HMIS data, (2) a written referral, or (3) a writt en observation. Where third-party evidence could not be obtained, the intake worker must obtain a certification from the individual or head of household seeking assistance, and must document efforts made to obtain third-party evidence, and document of the severity of the situation in which the individual has been living. An example of where this might occur is where an individual has been homeless and living in a place not meant for human habitation in a secluded area for more than one occasion of homelessness and has not had any contact with anyone during that period. Evidence of Applicant’s Disabling Condition Evidence of diagnosis with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability. Evidence of this criterion must include one of the following: 1. Written verification of the condition from a professional licensed by the state to diagnose and treat the condition; 2. Written verification from the Social Security Administration; 3. Copies of a disability chec k (e.g., Social Security Disability Insurance check or Veterans Disability Compensation); 4. Intake staff (or referral staff) observation that is confirmed by written verification of the condition from a professional licensed by the state to diagnose and treat the condition that is confirmed no later than 45 days of the application for assistance and accompanied with one of the types of evidence above; or other documentation approved by HUD. 19-III.B. DENIAL OF ASSISTANCE (Refer to SMHA Administrative Plan 3.18 to 3.28) An applicant will be denied participation in the CoC program if the applicant does not meet : 1. The chronically homeless definition established by HUD 2. The disabled definition These reasons for denial constitute CoC program specific admission criteria in addition to the HCV program requirements that must also be met. Participation will also be denied if the CoC applicant does not provide: DR A F T RE V I S I O N 20 1 6 Page 19 -13 1. I nformation that the SMHA or HUD determines is necessary in the administration of the program 2. C omplete and true information and it is discovered that the applicant does not meet eligibility requirements 19-III.C. CRIMINAL BACKGROUND CHECKS CoC applicants will be required to undergo criminal background check to determine if applicant or family member is a lifetime registered sex offender, in compliance with HUD regulations [24 CFR 982.553(a)(2)(i)]. Registered lifetime sex offenders will not be admitted into the CoC program. A criminal background check will be performed for head-of-household and all adult family members, and live -in aides fourteen years of age a nd older. DR A F T RE V I S I O N 20 1 6 Page 19 -14 PART IV : APPLICATIONS, WAITING LIST AND TENANT SELECTION 19-IV.A. APPLYING FOR ASSISTANCE Any individual or family that wishes to receive CoC assistance must apply for admission to the program. Assistance is strictly restricted to chronically homeless persons on the City of Santa Monica Service Registry who became homeless in Santa Monica. HUD permits the PHA to determine the format and content of CoC applications, as well as how such applications will be made available to interested families and how applications will be accepted by the PHA. 19-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS The CoC applicant or family must be referred by one of the sponsor agencies currently operating under contract with the City of Santa Monica Human Services Division . Interested applicants must meet with a case manager at one of the below listed sponsor agencies to begin the application process. Ocean Park Community Center Access Center 1453 16 th Street Santa Monica, CA 90404 (310) 264-2646 Step Up On Second 1328 2 nd Street Santa Monica, CA 90401 (310) 394-6889 St. Joseph Center 204 Hampton Drive Venice, CA 90291 (310) 392-1240 19-IV.C. SCREENING AND ASSESSMENT The PHA requires the three listed sponsor agencies to screen applicants for eligibility and to su bmit to the PHA completed documents included in the CoC Application Packet. Completed documents will be used by the PHA to: 1) Determine applicant’s eligibility 2) Select participants 3) Notify applicants of their obligations as a CoC Voucher recipient and p rovide informational material s. Documents included in the CoC Application Packet are listed below: • Agency Referral Form DR A F T RE V I S I O N 20 1 6 Page 19 -15 • Chronic ally Homeless Certification Form • Certification of Disability Form • Applicant/Tenant Information Disclosure Certification and Application Form • Santa Monica Housing Authority Rental Assistance Program Family Obligations Form • Declaration of Citizen/Lawful Resident Status Form • Certification for Divestiture of Assets • Sex Offender and Criminal History/Disclosure Form • Employment/Bank Account/Income Tax Self-Certification Form • Authorizatio n for Release of Information Forms for the PHA and HUD • Supplement to Application for Federally Assisted Housing Form • HUD’s Debts Owed to Public Agencies and Terminations Form • Notice regarding Lead Based Paint • HUD’s Guide for Applicants and Tenants of Public Housing and Section 8 Programs C ompleted application and verifications must be current within the last 60 days. Case Managers will conduct a thorough screening and assessment of each individual’s care needs. The screening will include assessment of t he individual’s ability to live independently and willingness to participate in supportive services program. In addition, the individual must not present a danger to himself or others and the individual must not require a higher level of care than what is offered by the voucher program. B ased on the applicant’s needs, case managers will recommend applicants for either a TBRA or a PBRA voucher. 19-IV.D. TENANT SELECTION Applicants will be referred and selected based on their history of homelessness and severity of service needs. Persons identified as having the most severe service needs are classified as individuals for whom at least one of the following is true: 1. History of high utilization of crisis services, which include but are not limited to, emergency rooms, jails, and psychiatric facilities; or 2. Significant health or behavioral health challenges or functional impairments which require a significant level of support in order to maintain permanent housing Severe service needs are identified and verified through the use of the following standardized assessment tool s: Vulnerability Index (VI), and the Service Prioritization Decision Assistance DR A F T RE V I S I O N 20 1 6 Page 19 -16 Tool (SPDAT). The d etermination is not based on a specific diagnosis or disability type, but only on the severity of needs of the individual. 19-IV.E. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST The SMHA will select CoC participants based on the following order of prio rity: 1) First Priority –Chronically Homeless Individuals and Families with the Longest History of Homelessness and with the Most Severe Service Needs . A chronically homeless individual or head of household as defined in 24 CFR 578.3 for whom both of the following are true: a. The chronically homeless individual or head of household of a family has been homeless and living in a place not meant for human habitation, a safe haven, or in an emergency shelter for at least 12 months either continuously or on at least four separate occasions in the last 3 years, where the cumulative total length of the four occasions equals at least 12 months; and b. The sponsor agency , SMHA or the CoC has identified the chronically homeless individual or head of household, who meets all of the criteria for chronically homeless, of the family as having severe service needs (see Section above for definition of severe service need s). 2) Second Priority–Chronically Homeless Individuals and Families with the Longest History of Homelessness . A chronically homeless individual or head of household, as defined in 24 CFR 578.3, for which both of the following are true: a. The chronically homeless individual or head of household of a family has been homeless and living in a place not meant for human habitation, a safe haven, or in an emergency shelter for at least 12 months either continuously or on at least four separate oc casions in the last 3 years, where the cumulative total length of the four occasions equals at least 12 months; and, b. The sponsor agency, SMHA or the CoC has not identified the chronically homeless individual or the head of household, who meets all of the criteria of the definition for chronically homeless, of the family as having severe service needs. 3) Third Priority –Chronically Homeless Individuals and Families with the Most Severe Service Needs . A chronically homeless individual or head of household as defined in 24 CFR 578.3 for whom both of the following are true: a. The chronically homeless individual or head of household of a family has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency she lter on at least four separate occasions in the last 3 years, where DR A F T RE V I S I O N 20 1 6 Page 19 -17 the total length of those separate occasions equals less than one year; and b. The sponsor agency, SMHA or the CoC has identified the chronically homeless individual or the head of household, who meets all of the criteria of the definition for chronically homeless, of the family as having severe service needs. 4) Fourth Priority–All Other Chronically Homeless Individuals and Families . A chronically homeless individual or head of household as defined in 24 CFR 578.3 for whom both of the following are true: a. The chronically homeless individual or head of household of a family has been homeless and living in a place not meant for human habitation, a safe haven, or in an emergency shelter for at least 12 months either continuously or on at least four separate occasions in the last 3 years, where the cumulative total length the four occasions is less than 12 months; and b. The sponsor agency, SMHA or the CoC has not identified the chronically homeless individual or the head of household, who meets all of the criteria of the definition for chronically homeless, of the family as having severe service needs. 19-IV.F. PLACEMENT ON THE WAITING LIST A separate waiting list is maintained for the CoC Program. Eligible for Placement on the Waiting List If the PHA determines the CoC applicant is eligible, the applicant’s name will be placed on the waiting list. The PHA will notify the sponsor agency of acceptance. Ineligible for Placement on the Waiting List If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the PHA will inf orm the referring agency of the ineligibility determination. Once all available vouchers have been issued, applicants will be placed on the Waiting List, which will be maintained by assigning wait list position numbers to applicants on a priority basis with date and time of receipt noted. PBV applicants, who decide to forgo a TBV, will remain on the SNP Wait List until a PBV becomes available. PBV applicants, who elect to receive a TBV because there were no PBVs available at the time, may request to rem ain on the SNP Wait List for consideration of the next available PBV. (PBV applicants who request to remain on the wait list after they have already moved into a TBV unit must be able to negotiate an agreement with DR A F T RE V I S I O N 20 1 6 Page 19 -18 their landlord to terminate their existi ng lease, within 30 days, at the time a PBV becomes available). The SNP Waiting List will be maintained separately from the General HCV Waiting List. The SNP Waiting List will be continuously open for applications and eligibility criteria will be limited to the eligibility requirements of the Special Programs as described . 19-IV.G. NOTIFICATION OF SELECTION When a CoC applicant has been selected from the waiting list, the PHA will notify in writing the applicant and the sponsor agency of selection and of the initial briefing date. If the selected applicant is no longer interested or unable to participate in the CoC program, the individual will be removed from the waiting list and will have to be re -referred at a later date if needed. DR A F T RE V I S I O N 20 1 6 Page 19 -19 PART V : BRIEFIN GS AND VOUCHER ISSUANCE (Refer to SMHA Administrative Plan 5.2 to 5.13) 19-V.A. THE APPLICATION INTERVIEW/VOUCHER ISSUANCE The assigned case manager and the applicant , together with all adult members of the household must be present for the initial briefing and voucher issuance. 19-V.B. TBRA VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL (RTA) Upon the completion of the initial briefing , a CoC voucher will be issued. CoC program participants have up to 60 days to search for a unit within the Santa Monica geographic area and submit an RTA to the SMHA upon finding a suitable unit. If an extension is needed, one may be requested. The request will be evaluated and a decisi on made based upon the same policy outlined in the voucher issuance section of Chapter 5 of this A dministrative Plan. 19-V.C. PBRA VOUCHER ISSUANCE/ REQUEST FOR TENANCY APPROVAL (RTA) Upon the completion of the initial briefing, the SMHA refers applicant to the Resident Manager at the Step -Up housing project. The management company at Step Up conducts a background check, credit check and income verification for all applicants. If applicant is approved, an RTA must be submitted to the SMHA. If a pplicant is not approved by Step-Up Management Company, applicant and case manager will contact the SMHA for further guidance. DR A F T RE V I S I O N 20 1 6 Page 19 -20 PART VI : IN COME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] (Refer to SMHA Administrative Plan 6.2 to 6.53) CoC program funds are contracted based on 100% of the Fair Market Rents published by HUD for the Los Angeles County area. 19-VI.A. TENANT RENT PORTION Program participants are required to pay a portion of their rent if they are receiving CoC program rental assistance, unless they have no income at all. Participant rent must be equal to the highest of: • 30 percent of family ‘s monthly adjusted income; • 10 percent of family’s monthly gross income; or • The portion of the family’s welfare assistanc e, if any, that is designated for the payment of rent. The following is not applicable to the CoC program: • Earned Income Disallowance (EID) • Minimum Rent ($50) For more information on determining adjusted income and tenant’s portion of the rent, refer to Chapter 6 of the HCV Administrative Plan. DR A F T RE V I S I O N 20 1 6 Page 19 -21 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to SMHA Administrative Plan 7.2 to 7.29) The PHA will follow the verification process and requirements for acceptable documents as outlined in Chapter 7 of the HCV Administrative Plan with the exception of the following: • Up -front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) • Up -front Income Verification (UIV) u sing a non-HUD system DR A F T RE V I S I O N 20 1 6 Page 19 -22 PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to SMHA Administrative Plan 8.2 to 8.23) 19-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 528.305(a)] HQS unit inspections are required both at initial occupancy and annually thereafter for all CoC units. Newly leased units must pass the HQS inspection before the beginning date of the assisted lease and Housing Assistance Payment (HAP) Contract. 19-VIII.B. RENT REASONABLENESS Rent reasonable review must be conducted before the CoC program participant rents a unit. Rental assistance awards are calculated based on Fair Market Rent (FMR) amounts for the applicable unit sizes. The SMHA will pay rents up to the rent reasonable amount, even if this amount is higher than the FMR. The maximum allowable contract rent amount is capped at the exceptional payment standard for SMHA HCV program. For information on HQS refer to C hapter 8 . Inspections must be conducted annually. DR A F T RE V I S I O N 20 1 6 Page 19 -23 PART IX: GENERAL LEASING POLICIES (Refer to SMHA Administrative Plan 9.1 to 9.12) When rental assistance funds are used to pay rent on units, the lease must be between the program participant and the land lord . Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward rent consistent with the requirements of the CoC interim rule. The landlord and participant are required to execute a lease and a Contract Adden dum to comply with the CoC rental assistance policies. 19-IX.A. PAYMENT FOR A VACATED UNIT Rental assistance funds may also be used to provide vacancy payments to landlords participating in the CoC program. Vacancy payments can be provided if the unit is vacated before the end of the lease. Rental assistance for a unit vacated by a program participant before the end of the lease may continue for a maximum of 30 days from the end of the month in which the unit was vacated. No additional rental assistance may be paid until the unit is occupied by another eligible person. 19-IX.C. PAYMENT FOR TENANT CAUSED DAMAGES Property damage costs may be provided only once per program participant per unit and only at exit from a housing unit (i.e., not during tenancy). The maximum amount to be reimbursed is limited to one month’s rent. 19-IX.D. LIMITATIONS ON CoC ASSISTANCE Family Self Sufficiency (FSS) CoC participants are not eligible for the FSS Program under the HCV program. Exclusion Income Disability (EID) CoC participants are not eligible for EID under the HCV program. Change of Head of Household (HOH) [24cfr 582 (3)] If the HoH (qualifying tenant) should become deceased, remaining family members will receive continued rental assistance only until the end of the grant period under which the CoC participant was leased. No other rights of survivorsh ip are available. If the HoH is terminated for non-compliance, the remaining family members will not be eligible to continue in the CoC program. DR A F T RE V I S I O N 20 1 6 Page 19 -24 PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY (Refer to SMHA Administrative Plan 10.1 to 10.5) 19-X.A. MOVING WITH CONTINUED ASSISTANCE [24 CFR 578.51] Program participants who have complied with all program requirements during their residence retain the rental assistance if they move within the Continuum of Care geographic area. Program participan ts who have complied with all program requirements during their residence and who have been a victim of domestic violence, dating violence, sexual assault, or stalking, and who reasonably believe they are imminently threatened by harm from further domestic violence, dating violence, sexual assault, or stalking (which would include threats from a third party, such as a friend or family member of the perpetrator of the violence), if they remain in the assisted unit, and are able to document the violence and b asis for their belief, may retain the rental assistance and move to a different Continuum of Care geographic area if they move out of the assisted unit to protect their health and safety. 19-X.B. PORTABILITY CoC participants are not eligible for portability and must remain within the CoC geographic area . 19-X.C. TENANT TRANSFERS FROM PBRA TO TBRA If participants no longer require intensive supportive services they may request to transfer to either a project based voucher or a Section 8 tenant based voucher. 19-X.D. TENANT TRANSFERS FROM TBRA TO HCV Current CoC Program participants and who no longer need comprehensive supportive services shall receive a preference on the HCV wait list as a “graduate” of the CoC Program. Eligibility for such preference must be documented by the current supportive services provider for the CoC Program participant in the form indicated . The PHA shall limit the current number of persons eligible for this preference not to exceed 12 households at any given time. If 12 households have received Housing Choice Vouchers under this local preference, the PHA shall allow current applicants to claim such preference. However, the applicant will remain on the wait list and will be offered the next available Housing Choice Vouch er as it becomes available . 19 X.E. TRANSFERS BY THE SMHA The SMHA may elect to transfer participants from one CoC TBRA to another CoC TBRA grant, if the SMHA determines such transfer is necessary for grants management reasons, (e.g. to increase or decrease spending rates in a given grant). Such transfers do not involve a physical move by the CoC participant. DR A F T RE V I S I O N 20 1 6 Page 19 -25 DR A F T RE V I S I O N 20 1 6 Page 19 -26 PART XI: REEXAMINATIONS [24 CFR 582.310] (Refer to SMHA Administrative P lan 11.1 and 11.2) The SMHA is required to process annual re-examinations. In cases where a family experiences a change in household composition and/or income between annual re-examination, the SMHA will process an interim re-examination. The family is required to report all changes in household composition and/or income to the SMHA within 10 calendar days of the occurrence. For more information regarding causes for processing annual/interim reexaminations and the requirements for comp l eting annual/interim re -examinations, please refer to Chapter 11 of the HCV Administrativ e Plan . DR A F T RE V I S I O N 20 1 6 Page 19 -27 PART XII: TERMINATION OF ASSISTANCE AND TENANCY (Refer to SMHA Administrative Plan 12.2 to 12.19) DR A F T RE V I S I O N 20 1 6 Page 19 -28 PAR T XVIII: PROGRAM ADMINISTRATION (Refer to SMHA Administrative Plan 16.2 to 16.43) Refer to Chapter 16 of the HCV Administrative Plan, with the exception of HUD required Section 8 Management Assessment Program (SEMAP). DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -1 GLOSSARY A. ACRONYMS USED IN THE HOUSING VOUCHER PROGRAMS AAF Annual adjustment factor (published by HUD in the Federal Register and used to compute annual rent adjustments) ACC Annual contributions contract ADA Americans with Disabilities Act of 1990 AID S Acquired immune deficiency syndrome BR Bedroom CDBG Community Development Block Grant (Program) CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”) CoC Continuum of Care (Pro gram) CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator) EID Earned income disallowance EIV Enterprise Income Verification FDIC Federal Deposit Insurance Corporation FHA Federal Housing Administration (HUD Off ice of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent FR Federal Register FSS Family Self -Sufficiency (Program) FY Fiscal year FYE Fiscal ye ar -end GAO Government Accountability Office GR Gross rent HA Housing authority or housing agency HAP Housing assistance payment HCV Housing choice voucher HQS Housing quality standards. HUD Department of Housing and Urban Development HUDCLIPS HUD Client In formation and Policy System DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -2 IPA Independent public accountant IRA Individual r etirement account IRS Internal Revenue Service JTPA Job Training Partnership Act LBP Lead -based paint LEP Limited English proficiency MSA Metropolitan statistical area (establish ed by the U.S. Census Bureau) MTCS Multi -family Tenant Characteristics System (now the Form HUD -50058 submodule of the PIC system) MTW Moving to Work NOFA Notice of funding availability OGC HUD’s Office of General Counsel OIG HUD’s Office of Inspector Gene ral OMB Office of Management and Budget PASS Plan to Achieve Self -Support PHA Public housing agency PIC PIH Information Center PIH (HUD Office of) Public and Indian Housing PS Payment standard QC Quality control QHWRA Quality Housing and Work Responsibility Act of 1998 (also known as the Public Housing Reform Act) REAC (HUD) Real Estate Assessment Center RFP Request for proposals RFTA Request for tenancy approval RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level) SEMAP Section 8 Management Assessment Program SRO Single room occupancy SSA Social Security Administration SSI Supplemental security income SWICA State wage information collection agency TANF Temporary assistance for need y families DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -3 TPV Tenant protection vouchers TR Tenant rent TTP Total tenant payment UA Utility allowance UFAS Uniform Federal Accessibility Standards UIV Upfront income verification URP Utility reimbursement payment VAWA Violence Against Women Reauthorizati on Act of 2013 DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -4 B. GLOSSARY OF SUBSIDIZED HOUSING TERMS Absorption . In portability (under subpart H of this part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC. Accessible . The facility or portion of the facility can be approached, entered, and used by individuals with physical handicaps. Adjusted Income . Annual income, less allowable HUD deductions. Adjust ed Annual Income . Same as Adjusted Income. Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152. Administrative fee reserve (formerly “operating reserve”). Account established by PHA from excess administrative fee income. The administrative fee reserve must be used for housing purposes. See §982.155. Administrative fee reserves from FY 2004 and 2005 funding are further restricted to activities related to the provision of tenant-based rental assistance authorized und er Section 8. Administrative plan . The plan that describes PHA policies for administration of the tenant-based programs. The Administrative Plan and any revisions must be approved by the PHA’s board and included as a supporting document to the PHA Plan. See §982.54. Admission . The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant -based program. Affiliated indivi dual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home. Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program. Annual Income . The anticipated total income of an eligible family from all sources for the 12 - month period following the date of determination of income, computed in accordance with the regulations. Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program. Area Exception Rent . An am ount that exceeds the published FMR. See §982.504(b). “As-paid” States. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs. Assets . (See Net Family Assets.) DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -5 Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving Federal financial assistance. Budget authority . An amount authorized and appropriated by the Congress for payment to HAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment. Child . A member of the family other than the family head or spouse who is under 18 years of age. Child care expenses . Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further his or her education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charg es for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income. Citizen . A citizen or national of the United States. Co -head. An individual in the household who is equally responsible for the lease with the head of household. A family may have a co-head or spouse but not both. A co-head never qualifies as a dependent. The co -head must have legal capacity to enter into a lease. Common space . In shared housing: Space available for use by the assisted family and other occupants of the unit. Computer match . The automated comparison of data bases containing records about individuals. Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA. Consent form . Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self- employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits. Congregate housing . Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see §982.606 to §982.609. Contiguous MSA . In portability (under subpart H of part 982): An M SA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located. Continuously assisted . An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program. Continuum of Care Program. Grant program which was created by the consolidation of the Shelter Plus Care Program and Supportive Housing Program, under the Homeless Emergency Assistance and Rapid T ransition to Housing Act of 2009 (HEARTH Act) which amended the DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -6 McKinney-Vento Homeless Assistance Act. The interim regulation was published in the Federal Register on July 31, 2012 and became effective August 30, 2012. Contract . (See Housing Assistance P ayments Contract.) Contract authority. The maximum annual payment by HUD to a PHA for a funding increment. Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type: see §982.619. Covered families . Statutory term for families who are required to participate in a welfare agency economic self -sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which Federal, State or local law requires that a member of the family must participate in an economic self -sufficiency program as a condition for the assistance. D ating violence . Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: - The length of the relationship - The type of relationship - The frequency of interaction between the persons involved in the relationship D eed -Restricted Affordable Housing . Housing which is subject to a property-specific affordability covenant that establishes tenant income -eligibility and rent limits for one or more residences at a property. Dependent . A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full -time student. Disability assistance expenses . Reasonable expenses that are anticipated, during the period for whi ch annual income is computed, for attendant care and auxiliary apparatus for a disabled family member and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member o f the family nor reimbursed by an outside source. Disabled family . A family whose head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides. Disabled person. See Person with Disabilities. Displaced family . A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -7 destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Domestic violence. F elony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a perso n 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. Domicile . The legal residence of the household head o r spouse as determined in accordance with State and local law. Drug -related criminal activity . The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug. Economi c Self -Sufficiency Program . Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see §5.603(c). Elderly family . A family whose head, spouse, or sole member is a person who is at least 62 years of age; or two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides. Elderly Person . An individual who is at least 62 years of age. Eligible Family (Family). A family that is income eligible and meets the other requirements of the Act and Part 5 of 24 CFR. Employer Identification Number (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation. Evidence of citizenship or eligible status . The documents which must be submitted to evidence citizenship or eligible immigration status. See §5.508(b). Extremely Low Income Family. A family whose annual income does not exceed 30 percent of the median income for the area, as determined by HUD, with ad justments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. (CFR 5.603) Facility . All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other real or personal property or interest in the property. Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988 Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -8 the housing market area to rent privately owned, existing, decent, s afe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR part 888. Family . Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy. - A family with or without children (the temporary absence of a child from the home due to placement in foster care is not considered in determining family composition and family size) - An elderly family or a near -elderly family - A displaced family - The remaining member of a tenant family - A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenan t family. Family rent to owner. In the voucher program, the portion of rent to owner paid by the family. Family self -sufficiency program (FSS program). The program established by a PHA in accordance with 24 CFR part 984 to promote self-sufficiency of assis ted families, including the coordination of supportive services (42 U.S.C. 1437u). Family share. The portion of rent and utilities paid by the family. For calculation of family share, see §982.515(a). Family unit size. The appropriate number of bedrooms fo r a family, as determined by the PHA under the PHA subsidy standards. Federal agency . A department of the executive branch of the f ederal government. Foster Child Care Payment . Payment to eligible households by state, local, or private agencies appointed by the State, to administer payments for the care of foster children. Full -time Student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full -time for day students under the standards and practices of the educational institution attended). CFR 5.603 Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program. Gender identity. Actual or perceived gender -r elated characteristics. Gross rent. The sum of the rent to owner plus any utility allowance. Group home. A dwelling unit that is licensed by a State as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). A special housing type: see §982.610 to §982.614. Handicap . Any condition or characteristic that renders a person an individual with handicaps. See 24CFR 8.3. Handicap Assistance Expense . See “Disability Assistanc e Expense.” DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -9 HAP contract . Housing assistance payments contract. (Contract). A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family. Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner. Housing agency (HA). A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low-income housing. (“PHA” and “HA” mean the same thing.) Housing Quality Standards . The HUD minimum quality standards for housing assisted under the voucher program. HUD. The Department of H ousing and Urban Development. Imputed Asset. Asset disposed of for less than Fair Market Value during two years preceding examination or reexamination. Imputed asset i ncome. PHA -established passbook rate multiplied by the total cash value of assets. Calcul ation used when net family assets exceed $5,000. Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction, but is included in the family’s annual income and therefore reflected in the family’s rental contribution. Income . Income from all sources of each member of the household, as determined in accordance with criteria established by HUD. Income For Eligibility. Annual Income. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -10 Income information means information relati ng to an individual's income, including: - All employment income information known to current or previous employers or other income sources - All information about wages, as defined in the State's unemployment compensation law, including any Social Security N umber; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, Employer Identification Number of an employer reporting wages under a State unemployment compensation law - Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period received - Unearned IRS income and self -employment, wages and retirement income - Wage, social security, and supplemental security income data obtained from the Social Security Administration. Individual with handicaps . Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such impairment . Init ial PHA . In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA. Initial payment standard. The payment standard at the beginning of the HAP contract term. Initial rent to owner. The rent to owner at the beginning of the contract term. Jurisdiction . The area in which the PHA has authority under State and local law to administer the program. Landlord . Either the owner of the property or his/her representative or the managing agent or his/her representative, as shall be designated by the owner. Lease . A written agreement between an owner and a tenant fo r the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a contract between the owner and the PHA. Limited English Proficient. Term 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. Live -in aide . A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: - Is determined to be essential to the care and well -being of the persons; - Is not obligated for the support of the persons; and - Would not be living in the unit except to provide the necessary supporti ve services. Living/Sleeping Room. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -11 one window and two electrical outlets in proper operating condition. See HCV GB p. 10-6 and 24 CFR 982.401. Local p reference. A preference used by the PHA to select among applicant families. Low i ncome f amily. A family whose income does not exceed 80% of the median income for the area as determined by HUD with adjust ments for smaller or larger families, except that HUD may establish income limits higher or lower than 80% for areas with unusually high or low incomes. Manufactured home . A manufactured structure that is built on a permanent chassis, is designed for use a s a principal place of residence, and meets the HQS. A special housing type: see §982.620 and §982.621. Manufactured home space . In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. See §982.622 to §982.624. Medical expenses . Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance. (A deduction fo r elderly or disabled families only.) These allowances are given when calculating adjusted income for medical expenses in excess of 3% of annual income. Merger Date. October 1, 1999. Minor . A member of the family household other than the family head or spouse, who is under 18 years of age. Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status. Monthly adjusted income . One twelfth of adjusted income. Mo nthly income . One twelfth of annual income. Mutual housing . Included in the definition of “cooperative.” National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession. Ne ar-elderly family . A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons wh o are at least 50 years of age but below the age of 62 living with one or more live-in aides. Net family assets . (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other for ms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. - In cases where a trust fu nd has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -12 distributed from the trust fund shall be counted when determining annual income under §5.609. - In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefore . In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms. Noncitizen . A person who is neither a citizen nor national of the United States. Notice of Funding Availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding. This document explains how to apply for assistance and the criteria for awarding the funding. Office of General Counsel (OGC). The General Counsel of HUD. Overcrowded . A unit that does not meet the following HQS space standards: (1) Provide adequate space and security f or the family; and (2) Have at least one bedroom or living/sleeping room for each two persons. Owner . Any person or entity with the legal right to lease or sublease a unit to a participant. PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD. PHA’s quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3. Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term). Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family). Persons With Disabilities. A person who has a disability as defined in 42 U.S.C. 423 or a developmental disability as defined in 42 U.S.C. 6001. Also includes a person who is determined, under HUD regulations, to h ave a physical or mental impairment that is expected to be of long-continued and indefinite duration, substantially impedes the ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. For purposes of reasonable accommodation and program accessibility for persons with disabilities, means and “individual with handicaps” as defined in 24 CFR 8.3. Definition does not exclude persons who have AIDS or conditions arising from AIDS, but does not include a person whose disability is based solely on drug or alcohol dependence (for low-income housing eligibility purposes). See “Individual with handicaps” DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -13 Portability . Renting a dwelling unit with Section 8 housing choice voucher outside the jurisdiction of the initial PHA. Premises . The building or complex in which the dwelling unit is located, including common areas and grounds. Private space . In shared housing: The portion of a contract unit that is for the exclusive use of an assisted family. Processing entity . The person or entity that, under any of the programs covered, is responsible for making eligibility and related determinations and any income reexamination. In the Section 8 program, the “processing entity” is the “responsible entity.” Project owner . The person or entity that owns the housing project containing the assisted dwelling unit. Proof of Effort Proof of effort is a form the PHA requires applicants and participants to fill out when requesting an extension of a voucher. The Proof of Effort form must demonstrate to the Housing Authority that a good faith effort was made during the term of the voucher to find suitable housing. The form must be completed in full, and demonstrate that on a weekly basis, the voucher holder was communicating with property owners/property management companies in the jurisdiction and visited potential apartments. The PHA may verify the information provided. Proof of effort may also include searches outside of Santa Monica if necessary. If a voucher holder submits a Proof of Effort form that is insufficient by these standards, the PHA may deny an extension request. Public Assistance . Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by Federal, state, or local governments. Public Housing Agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist i n the development or operation of low-income housing under the 1937 Act. Reasonable rent . A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises. Receiving PHA . In portability: A PHA that receives a family selected for participation in the tenant -based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family. Recertification . Sometimes called reexami nation. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported. Remaining Member of Tenant Family . Person left in assisted housing who may or may not normally qualify for assistance on own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled). Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance and utilities that the owner is required to provide and pay for. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -14 Residency Preference. A PHA preference for admission of families that reside anywhere in a specified area, includ ing families with a member who works or has been hired to work in the area (“residency preference area”). Residency Preference Area. The specified area where families must reside to qualify for a residency preference. Responsible entity . For the public housing and the Section 8 tenant-based assistance, project - based voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner. Secretary . The Secretary of Housing and Urban Development. Section 8 . Section 8 of the United States Housing Act of 1937. Section 8 covered programs. A ll HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under section 202 of the Housing Act of 1959. Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended Section 214 covered programs is the collective term for th e HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in §5.500. Security Deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease. Set -up charges. In a manufactured home space rental: Charges payable by the family for assembling, skirting and anchoring the manufactured home. Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)). Sexual orientation. Homosexuality, heterosexuality or bisexuality. Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. A special housing type: see §982.615 to §982.618. Single p erson. A person living alone or intending to live alone. Single room occupancy housing (SRO). A unit that contains no sa nitary facilities or food preparation facilities, or contains either, but not both, types of facilities. A special housing type: see §982.602 to §982.605. Social Security Number (SSN). The nine-digit number that is assigned to a person by the Social Securi ty Administration and that identifies the record of the person's earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary. Special admission. Adm ission of an applicant that is not on the PHA waiting list or without considering the applicant's waiting list position. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -15 Special housing types . See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental). Specified Welfare Benefit Reduction. Those reductions of welfare benefits (for a covered family) that may not res ult in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an econom ic self -sufficiency program. Spouse. The marriage partner of the head of household. Stalking. 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. State Wage Information Collection Agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information. Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions. Suspension . The term on the family’s voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied. This pra ctice is also called “tolling”. Tenancy Addendum. For the Housing Choice Voucher Program, the lease language required by HUD in the lease between the tenant and the owner. Tenant . The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit. Tenant rent to owner . See “Family rent to owner”. Term of Lease. The amount of time a tenant agrees in writing to live in a dwelling unit. Total Tenant Payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities. Unit . Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms. Utilities. Water, ele ctricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -16 Utility allowance . If the cost of utilities (except telephone) and other housing services for an assisted unit is not incl uded in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an ene rgy -conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment. Utility reimbursement . In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner. Utility hook -up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines. Vacancy Loss Payments. (Applies only to pre-10/2/95 HAP Contracts in the Rental Certificate Program ). When a family vacates its unit in violation of its lease, the owner is eligible for 80% of the contract rent for a vacancy period of up to one additional month, (beyond the month in which the vacancy occurred) if s/he notifies the PHA as soon as s/he learns of the vacancy, makes an effort to advertise the unit, and does not reject any eligible applicant except for good cause. Very Low Income Family. A low -income family whose annual income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50% of the median income for the area on the basis of its finding that such variations are nece ssary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program. Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable. Violence Against Women Reauthorization Act (VAWA) of 2013. Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the a pplicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another. 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 consequence to the LEP person if the information in question is not provided accurately or in a timely manner.” Voucher (Housing Choice Voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program. Voucher h older. A family holding a voucher with an unexpired term (search time). Voucher program. The housing voucher program. DR A F T RE V I S I O N 20 1 6 © Copyright 201 6 Nan McKay & Associates Admin Plan 1 6-17 Unlimited copies may be made for internal use. GL -17 Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available. Wai ting list admission. An admission from the PHA waiting list. Welfare assistance . Income assistance from Federal or State welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meet ing housing expenses, nor programs that provide health care, child care or other services for working families. FOR THE FSS PROGRAM (984.103(b)), “welfare assistance” includes only cash maintenance payments from Federal or State programs designed to meet a family’s ongoing basic needs, but does not include food stamps, emergency rental and utilities assistance, SSI, SSDI, or Social Security. Welfare -to -work (WTW) family. A family assisted by a PHA with Voucher funding awarded to the PHA under the HUD welfar e-to -work voucher program (including any renewal of such WTW funding for the same purpose). DR A F T RE V I S I O N 20 1 6 1 Attachment B List of Proposed Discretionary Revisions to the 2016 Administrative Plan Santa Monica Housing Authority (SMHA) All Final Revisions are marked in PURPLE Chapter 1 Section 1 -I.D. THE PHA’S PROGRAMS Current PHA Policy The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program [including the Family Self Sufficiency (FSS) program], Continuum of Care programs, HOME , and CDBG programs. Proposed MODIFY PHA Policy The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program [including the Family Self Sufficiency (FSS) program], Continuum of Care programs, and CDBG programs. HOME and AHPP Policies are governed by separate stand -alone policy documents but certain policies in the Administrative Plan will be referenced for these programs as well. Section 1 -III.D. UPDATING AND REVISING THE PLAN (Pg 1 -12) Current NO EXISTING LANGUAGE Proposed ADD PHA Policy The Plan will become effective the date City Council approves it . 2 Chapter 3 Section Eligibility 3 -I.F. DEPENDENT [24 CFR 5.603] PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS Current PHA Policy Joint Custody of Dependents Dependents who are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more than 50% of the time. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, IRS returns showing which family has claimed the child for income tax purposes, and school records. Proposed MODIFY PHA Policy Joint Custody of Dependents Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more than 50% of the time. The PHA considers joint custod y to be legal only where by a court order exists determining the primary place of residence of minor children. If the dependent(s) resides in two households, each of which have a housing subsidy, the addition of said dependent(s) will create a Multiple Subsidy error and is not approved without the household submitting a request to the PHA. Failure to report the exi stence of duplicate housing subsidy assistance is a violation of Family Obligations. The PHA must then, upon approval of the request, submit a waiver request to the local field office. If the local field office approves the request, it will be forwarded to HUD for final approval. When appropriate, the Housing Authorities involved may remove the name of the dependent(s) as they change households during the year. When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents and receive the dependent allowance /deduction . If there is a dispute about which family should claim them, the PHA will ma ke the determination based on available documents such as court orders, IRS returns showing which family has claimed the child for income tax purposes, and school records. 3 Section Chapter 3 -lll.C Current PHA Policy Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Proposed MODIFY PHA Policy Abusive or violent behavior towards PHA personnel or owner/agent includes verbal as well as physical abuse or violence. Chapter 4 Section 4 -I.D. PLACEMENT ON THE WAITING LIST Current PHA Policy Eligible for Placement on the Waiting List Waitlist applicant will receive instant confirmation of acceptance when all required information is completed. A final determination of eligibility will be made when the family is selected from the waiting list. Once the application has been accepted, a receipt will be displayed with instructions on how to check the wait list status. Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA. Proposed MODIFY PHA Policy E ligible for Placement on the Waiting List Waitlist applicant will receive instant confirmation of receipt of application when all required information is completed. A final determination of eligibility will be made when the family is selected from the wait list. Once the application has been accepted, a receipt will be displayed with instructions on how to use Assistance Che ck . When the application period ends , the PHA will sort applications by their preference and in order of selection . The top 500 applications will be select ed and placed on the wait list by the date and time their complete application is received by the PHA. The status of the applications will be available 10 business days after the close of the application intake period online only, via the Assistance Check website. Reasonable accommodation requ ests regarding assistance can be made to the PHA. Applica tions which are not selected are not entitled to an informal review. 4 Section 4 -II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] Current PHA Policy The PHA has one waiting list which it operates fo r affordable housing, including the HCV, PBV and inclusionary housing programs. Proposed MODIFY PHA Policy The PHA has a wait list which it operat es for the HCV and PBV programs, and separate wait lists for inclusionary housing (Affordable Housing Production Program), Continuum of Care, and HOME programs. Section 4 -II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Current PHA Policy The PHA will close the waiting list when the estimated waiting period for housing assistance reaches 12 months Where the PHA has particular preferences or funding criteria that require a specific category of family, such as homeless or project -based voucher (PBV), the PHA may elect to continue to accept applications from these applicant s while closing the waiting list to others. Proposed MODIFY PHA Policy The PHA will close the waiting list when it has an adequate pool of families to use the available assistance (500 applications). Where the PHA has particular preferences or funding cr iteria that require a specific category of family, such as homeless or project -based voucher (PBV), the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others. Section 4 -II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES Current PHA Policy 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: Proposed MODIFY PHA Policy 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 received notification of being selected from the waiting list, except: 5 Se ction 4 -II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES Current 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 instructions detailed on the Waitlist Check website. Proposed MODIFY PHA Policy While the family is on the waiting list, the family must immediately inform the SMHA of changes in income and contact informati on, 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 online only using the Assistance Check website. 6 Section 4 -III B. Selection and HCV Funding Sources Current PHA Policy The PHA administers the following types of targeted funding: Continuum of Care and HOME Programs A separate waiting list will be maintained for the Special Needs Housing Programs, which include the Continuum of Care Program and HOME Program. Applicants for these programs must meet additional, specific, eligibility requirements. For most targeted programs, applicants are referred by agencies that provide services to the targeted population. Referrals/applications will be placed on the waiting list with the date and time of receipt noted. When a special voucher becomes available, a family will be selected from the list. After the family is determined eligible to receive a voucher, the family will be admitted to particip ate in the program in accordance with HUD regulations and other requirements, and with policies stated in the PHA Administrative Plan. The PHA’s Special Needs Programs waiting list is open and will accept referrals/applications until further notice. (Plea se refer to Chapter 18 for additional details on Special Needs Housing Programs) Proposed MODIFY PHA Policy The PHA administers the following types of targeted funding: Continuum of Care and HOME Programs Separate waiting lists will be maintained for Special Needs Housing Programs. The Continuum of Care Program and HOME Program will have separate waiting lists . Applicants for these programs must meet additional, specific, eligibility requirements. For most targeted programs, appl icants are referred by agencies that provide services to the targeted population. Referrals/applications will be placed on the waiting list with the date and time of receipt noted. When a special voucher becomes available, a family will be selected from the list. After the family is determined eligible to receive a voucher, the family will be admitted to participate in the program in accordance with HUD regulations and other requirements, and with policies stated in the PHA Plan. The PHA’s Targeted Fundin g Programs waiting list is open and will accept referrals/applications until further notice. (Please refer to Chapter 1 9 for additional details on the Continuum of Care program ) Applicants for the AHPP program will be processed as the City Ordinance de ter mines . Applicants who are over income for COC, HOME, and Section 8 will be referred to the AHPP wait list if eligible . 7 Section 4 -III.C. SELECTION METHOD Local Preferences [24 CFR 982.207; HCV p. 4 -16] Current PHA Policy Tier 1: o Displaced Preference: Involuntarily displaced applicants are applicants who have or will (within twelve months from the date of verification) be required to vacate housing in the City of Santa Monica as a result of: A disaster (fire, flood, earthquake, etc.) that occurred through no fault of the applicant, or Federal, state or local government action related to code enforcement, public improvement or development, or An eviction pursuant to the Ellis Act or Civil Code section 798.56(g) of the Mobile Home Residency Law. Owner/relative occupancy evictions from rent controlled units under Section 1806(a)(8) of the Santa Monica Rent Control Amendment and under Santa Moni ca City Charter, Article XVIII, Section 2304(c)(8). In order to receive the preference as Displaced, applicants who have been displaced must not be living in “standard, permanent replacement housing”. Standard replacement housing is defined as housing th at is decent, safe and sanitary (according to HUD HQS), that is adequate for the family size (according to HUD HQS) and that the family is occupying pursuant to a lease or occupancy agreement. Minor HQS violations that are few in a number do not disqualify replacement housing. Standard replacement housing does not include transient facilities, hotels, motels, or temporary shelters. Households who receive a displaced preference, who have had an actual loss of their unit, will be given highest preference. For example, households who have been physically displaced from their unit as the result of a non -tenant caused fire or flood will be given the highest preference. o Termination Resulting From Funding Shortfalls: Families that have been terminated from the PHA ’s HCV program due to insufficient program funding and are at greatest risk of homelessness. o The PHA may prioritize a limited number of vouchers for Continuum of Care program participants who are stable and no longer require service participation to prev ent them from recycling into homeless. This will allow the community to serve more homeless families and better utilize services for those most in need. No more than 10% vouchers will be utilized annually if available. The wait list for tier 1 applicants s hall remain open at all times. Tier 2: Live/Work Preference: 8 o Live Preference: Applicants who are residents of the City of Santa Monica. Chronically Homeless applicants on the service registry who became homeless in Santa Monica. o Work Preference: Applicants who are not residents of the City of Santa Monica who are working a minimum of 36 hours per week (or hired to work a minimum of 36 hours per week) in the City of Santa Monica (Applicants who work for a temporary agency located outs ide of the City of Santa Monica who do not live in Santa Monica do not qualify for preference if they are on a temporary assignment). Applicants who are in approved job training in Santa Monica or persons who were previously in the Santa Monica workforc e but are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits. Tier 3: o Families who do not live or work in the City of Santa Monica Order of Selection Within Tiers: Non -Subsidized Households Proposed ADD PHA Policy Tier 1: o Displaced Preference: Involuntarily displaced applicants are applicants who have or will (within twelve months from the date of verification) be required to vacate housing in the City of Santa Monica as a result of: , etc.) that occurred through no fault of the applicant, or public improvement or development, or the Mobile Home Residency Law , or Section 1806(a)(8) of the Santa Monica Rent Control Amendment and under Santa Monica City Charter, Article XVIII, Section 2304(c)(8 ) , or Displacement from another federal housing program and displaced from that program for reasons beyond their control or because they did not participate in a home ownership program, or Domestic Violence. Applications from victims of domestic violence/familial abuse, sexual assaul t or stalking, who have been 9 displaced in the City of Santa Monica as a result of the victimization. Supporting documentation shall be in accordance with the guidelines in Chapter 16 Section XI. D of this Plan. In order to receive the preference as Displ aced, applicants who have been displaced in the previous 12 -month period must not be living in “standard, permanent replacement housing”. Standard replacement housing is defined as housing that is decent, safe and sanitary (according to HUD HQS), that is adequate for the family size (according to HUD HQS) and that the family is occupying pursuant to a lease or occupancy agreement. Minor HQS violations that are few in a number do not disqualify replacement housing. Standard replacement housing does not incl ude transient facilities, hotels, motels, or temporary shelters. Households who receive a displaced preference, who have had an actual loss of their unit, will be given highest preference. For example, households who have been physically displaced from the ir unit as the result of a non -tenant caused fire or flood will be given the highest preference. o Termination Resulting From Funding Shortfalls: Families that have been terminated from the PHA’s HCV program due to insufficient program funding and are at gr eatest risk of homelessness. o The PHA may prioritize a limited number of Section 8 Housing Choice vouchers for Continuum of Care program participants who are stable and no longer require service participation to prevent them from recycling into homeless. This will allow the community to serve more homeless families and better utilize supportive service s for those most in need. No more than 10% vouchers will be utilized annually if available. The wait list for tier 1 applicants shall remain open at all times. Tier 2: Live/Work Preference: o Live Preference: Applicants who are residents of the City of Santa Monica. Chronically Homeless applicants on the service registry who became homeless in Santa Monica. o Work Preference: Applicants who are not residents of the City of Santa Monica who are working a minimum of 36 hours per week (or hired to work a minimum of 36 hours per week) in the City of Santa Monica (Applicants who work for a temporary agency located outside of the City of Santa Monica who do not live in Santa Monica do not qualify for preference if they are on a temporary as signment). Applicants who are in approve d job training in Santa Monica or p ersons who were immediately previously in the Santa Monica workforce but are now receiving unemployment, worker’s compensation, vocational 10 rehabilitation benefits, disability ben efits, or retirement benefits from Santa Monica. Tier 3: o Families who do not live or work in the City of Santa Monica Order of Selection Within Tiers: Working/Elderly/Disabled Families /Minor(s) Enrolled in Santa Monica Schools o Adults with custody of minor children who are enrolled in Santa Monica schools. Non -Subsidized Households and Rent Burdened Households o A Rent Burdened Household is one that pays more than 50 percent of their gross annual income toward their rent . 11 Section 4 -III.C. SELECTION METHOD Current PHA Policy Order of Selection The PHA system of preferences may select families based on local preferences according to the date and time of application, or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)] Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with the PHA’s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first -come, first -served basis according to the date and time their complete application is received by the PHA. Documentation will be maintained by the PHA as to whether families on the list qualify for and are interested in targeted funding. If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the PHA does not have to ask higher placed f amilies each time targeted selections are made. Preference Denial: If the PHA denies an applicant’s preference claim, the PHA shall return the applicant to the waiting list and will notify the applicant in writing of the reasons for the denial. If the ap plicant fraudulently claimed the preference (i.e., by falsifying documents), the application is denied and removed from the waiting list. The notice shall advise the applicant of their right to contest denial of preference (informal review). Proposed MODIFY PHA Policy Order of Selection The PHA system of preferences may select families based on local preferences according to the date and time of application, or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 98 2.204(d) and (e)]. Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with the PHA’s hierarchy of preferences, if applicable. Within each targeted funding or pr eference category, families will be selected on a first -come, first -served basis according to the date and time their complete application is received by the PHA. Documentation will be maintained by the PHA as to whether families on the list qualify for an d are interested in targeted funding. If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the PHA does not have to ask higher placed families each time targeted selections are made. 12 Preference Denial: If the PHA denies an applicant’s preference claim, the PHA shall return the applicant to the waiting list and will notify the applicant in writing of the reasons for the denial. If the applicant fraudulently claime d the preference (i.e., by falsifying documents), the application is denied and removed from the waiting list. The notice shall advise the applicant of their right to contest denial of preference (informal review). [This will be removed because targeted funding waitlists are separate and all applicants must be allowed to apply to any/all open waitlists. Targeted funding waitlists will remain open while funding is available. Documentation is not necessary.] Section 4 -III.C. SELECTION METHOD Current PHA Policy Income Targeting Requirement [24 CFR 982.201(b)(2)] Moderate -income families will be selected from th e waitlist in order of date and t ime of their application. Proposed MODIFY PHA Policy Income Targeting Requirement [24 CFR 982.201(b)(2)] Moderate -income app licants will be selected from the separate wait list for inclusionary housing governed by City Ordinance and maintained by the Housing and Economic Development Department . 13 Section 4 -III.D. NOTIFICATION OF SELECTION Current PHA Policy When a family has been selected from the waiting list, the PHA must notify the family [24 CFR 982.554(a)]. The PHA will notify the family by first class mail when it is selected from the waiting list. The notice, instructions and application packet will inform the family of the following: Family must complete the application form and provide required documentation by the date specified in the notice, or the family will be removed from the waiting list. The PHA will notify the family by first c lass mail when the preliminary review is completed. The notice will inform the family of the following: Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview If a notification letter is r eturned to the PHA by the post office, the family will be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the family’s address of record, as well as to any known alternate address. 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. Proposed MODIFY PHA Policy When a family has been selected from the waiting list, the PHA must notify the family [24 CFR 982.554(a)]. The PHA will notify the family by email when it is selected from the waiting list. The notice, instructions and application packet will inform the family of the following: Family must complete the application form and provide required documentation by the date specified in the notice, or the family will be removed from the waiting list. The PHA will notify the family by email when the preliminary review is completed. The notice will inform the family of the following: Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview If a notifi cation email is returned to the PHA after two attempts are returned as undeliverable at that specific address , the family will be removed from the wait list. A notice of denial (see Chapter 3) will be sent to the family’s address of record, as well as to a ny known alternate address. In instances where the household certifies that email is not an option, the PHA will mail notifications to the household. If a notification is returned as undeliverable at that address , the family will be removed from the wait l ist. 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. 14 Section 4 -III.C. SELECTION METHOD Local Preferences and EXHIBIT 4 -1: SMHA’S WAITING LIST & HIERARCHY OF PREFERENCES Current NO EXISTING LANGUAGE Proposed ADD PHA Policy Order of Selection within Tiers: Non -Subsidized Households and Rent Burdened Households o A Rent Burdened Househ old is one that pays more than 5 0% of their gross annual income towards their rent Chapter 5 Section 5 -I.B. BRIEFING [24 CFR 982.301] Briefing Packet [24 CFR 982.301(b)] Additional Items to be Included in the Briefing Packet Current N O EXISTING LANGUAGE Proposed ADD PHA Policy Reminder to family that it is mandatory that the household report any changes in Household Income (for all household members 18 and older) in writing within 10 business days. This reminder shall detail information about income discrepancies and the Income Verification system used by the PHA. Section BRIEFINGS AND VOUCHER ISSUANCE 5 -I.C. FAMILY OBLIGATIONS Current NO EXISTING LANGUAGE Proposed MODIFY PHA Policy The tenant is responsible to notify the landlord in writing of any/all items needing repair in the apartment or other issues related to damage or inoperability in the apartment, whether they are tenant caused or the result of normal wear and tear. 15 Chapter 6 Section 6 -I.B. HOUSEHOLD COMPOSITION AND INCOME Current PHA Policy Joint Custody of Dependents When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents . If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes, or school/childcare reco rds. Proposed ADD PHA Policy Joint Custody of Dependents When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents and receive the dependent all owance/deduction. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes, or sch ool/childcare records. Section INCOME AND SUBSIDY DETERMINATIONS PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY 6 -III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505] Current PHA Policy Changes in Family Unit Size Irrespective of any increase or decrease in the payment standard, if the family unit size increases or decreases during the contract term, the new family unit size must be used to determine the payment standard for the family beginning at the family’s first regular reexamination followin g the change in family unit size. Proposed MODIFY PHA Policy Changes in Family Unit Size Irrespective of any increase or decrease in the payment standard, if the family unit size increases or decreases during the contract term, the new family unit size must be used to determine the payment standard for the family in accordance with Chapter 5 Part II of this plan. Section 6 -III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505] Current NO EXISTING LANGUAGE Proposed A DD PHA Policy For Deed -Restricted Affordable Housing Payment Standard information, see Chapter 16 II B. 16 Chapter 8 Section 8 -I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] Current NO EXISTING LANGUAGE Proposed A DD PHA Policy The family is responsible to notify the owner in writing of any/all items needing repair in the apartment or other issues related to damage or inoperability in the apartment, whether they are tenant -caused or the result of normal wear and tear. Section PART II: THE INSPECTION PROCESS Current PHA Policy Notice and Scheduling Proposed ADD PHA Policy Notice and Scheduling Any required notices sent by the PHA will be addressed to the Head of Household, and must be deliverable to the address of the subsidized apartment. Section PART III: RENT REASONABLENESS [24 CFR 982.507] 8 -III.D. PHA RENT REASONABLENESS METHODOLOGY Current PHA Policy How Rents Are Determined Owners may not request rent adjustments in the Voucher program prior to the end of the first year of the Lease. After that date, rent increases as permitted by the lease are effective with a 60 -day notice to the family following PHA approval of the proposed increase. Landlords may not request more than one increase in a 12 - month period. Annual Adjustments are determined b y Santa Monica Rent Control Department annual percentage adjustments. The PHA disapproves rents that are not reasonable. Proposed MODIFY PHA Policy How Rents Are Determined Owners may not request rent adjustments in the Voucher program prior to the end of the first year of the Lease. After that date, rent increases as permitted by the lease are effective with a 60 -day notice to the family following PHA approval of the propose d increase. Rent increase requests shall be timed with a tenant’s annual re -examination . Landlords may not request more than one increase in a 12 - month period. Annual Adjustments are determined by Santa Monica Rent Control Department annual percentage adjustments only; the PHA does not approve the addition of surcharges or pass through fees. G eneral adjustments are approved on an annual basis if funding is available . The PHA disapproves rents that are not reasonable. 17 Section 8 -II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b); HCV GB, p. 10 -32] Current PHA Policy The unit sample must include only units that have been inspected within the preceding 3 months. The selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections completed by each inspector, and (3) units from a c ross -section of neighborhoods. Proposed MODIFY PHA Policy The unit sample must include only units that have been inspected within the preceding month . The selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections completed by each inspector, and (3) units from a cross -section of neighborhoods. Section 8 -III.D. PHA RENT REASONABLENESS METHODOLOGY Current PHA Policy How Rents Are Determined The rent for a unit proposed for assistance will be compared to the rent charged for comparable units in the same market area. The PHA will develop a range of prices for comparable units by bedroom size within defined market areas. Units proposed for assistance will be compared to the units within this rent range. Because units may be similar, but not exactly like the unit proposed for assistance, the PHA may make adjustments to the range of prices to account fo r these differences. Proposed MODIFY PHA Policy How Rents Are Determined The rent for a unit proposed for assistance will be compared to the rent charged for three comparable units in the same market area. The PHA will develop a range of prices for comparable units by bedroom size within defined market areas. Units proposed for assistance will be compared to the units within this rent range. Because units may be similar, but not exactly like the unit proposed for assistance, the PHA may make adjustme nts to the range of prices to account for these differences. Chapter 11 Section 11 -I.B. SCHEDULING ANNUAL REEXAMINATIONS Notification of and Participation in the Annual Reexamination Process Current N O EXISTING POLICY Proposed ADD PHA Policy Any required notices sent by the PHA will be addressed to the Head of Household, and must be deliverable to the address of the assisted residence . 18 Section REEXAMINATIONS PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] Current New Family and Household Members Requiring Approval PHA Policy The PHA will not approve the addition of a new household member unless they are a spouse or partner, a child through birth, custody, adoption, or foster, or a household member who is added at the time the applicant family is selected from the waitlist. Proposed MODIFY PHA Policy New Family and Household Members Requiring Approval The PHA will not approve the addition of a new household member unless they are a spouse or partner, a child through birth, custody, adoption, or foster, or a household member who is added at the time the applicant family receives notification that they ha ve been selected from the waitlist. Section 11 -III.D. DISCREPANCIES Current NO EXISTING LANGUAGE Proposed A DD PHA Policy Any overpayments resulting from the family’s failure to report income will be resolved in accordance with Repayment Agreement policies in Chapter 16. Chapter 14 Section 14 -II.B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE Current PHA Policy Family Reimbursement to PHA [HCV GB pp. 22 -12 to 22 -13] In the case of family -caused errors or program abuse, the family will be required to repay any excess subsidy received. The PHA may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, the PHA will terminate the family’s assistance in accordance w ith the policies in Chapter 12. Proposed MODIFY PHA Policy Family Reimbursement to PHA [HCV GB pp. 22 -12 to 22 -13] In the case of family -caused errors or program abuse, the family will be required to repay any excess subsidy received. The PHA may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, or creates more than two overpayments in 36 months by failing to report income , the PHA will terminate the family’s assistance in accordance with the policies in Chapter 12. 19 Chapter 16 Section 16 -II.B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 7] Current PHA Policy The payment standard sets the maximum subsidy payment a family can receive from the PHA each month [24 CFR 982.505(a)]. Payment standards are based on fair market rents (FMRs) published annually by HUD. FMRs are set at a percentile within the rent distribu tion of standard quality rental housing units in each FMR area. For most jurisdictions FMRs are set at the 40th percentile of rents in the market area. The PHA must establish a payment standard schedule that establishes payment standard amounts for each F MR area within the PHA’s jurisdiction, and for each unit size within each of the FMR areas. For each unit size, the PHA may establish a single payment standard amount for the whole FMR area, or may set different payment standards for different parts of the FMR area. Unless HUD grants an exception, the PHA is required to establish a payment standard within a “basic range” established by HUD – between 90 and 110 percent of the published FMR for each unit size. Proposed A DD PHA Policy Payment Standards for Deed -Restricted affordable apartments in Santa Monica are created either through a City Housing Trust Fund loan or grant to purchase and renovate or to develop for new constructed affordable housing. Apartments are income and rent restricted for a period o f 55 -years. Frequently these apartments are created by non -profit organizations using matching fund s from state, federal, or other sources. Alternatively, deed -restricted apartments are also created through development agreements where a developer has offe red a community benefit (housing, parks, etc.,) in exchange for a development benefit. A covenant is recorded on the property title that the developer agrees to provide a portion of the apartments as deed -restricted and affordable for 55 -years. The restric tion target income and rent levels . Each deed restriction may vary slightly and as standards have changed , so have the restrictions. Effective upon the recertification of each tenant which occurs after the adoption of the Administrative Plan the following policy applies : a. All 0, 1, 2, and 3 -bedroom apartments which target 30, 50, and 60 percent of Area Median Income (AMI) will be standardized based on the 2016 Los Angeles/Glendale Fair Market Rent as established by HUD by bedroom size. b. All 0, 1, 2, and 3 -bedroom apartments which target 80 percent of AMI and above will be standardized at the current Exception Payment Standard by bedroom size. The Housing Authority will seek assistance from the U.S Department of Housing and Urban Developm ent regarding the current payment standard , to determine if flexibility can be established for D eed -R estricted Affordable H ousing . Where possible and feasible the payment standard could b e equal to the lesser of the rent limit established by the recorded d eed restriction or the Exception Payment Standard. 20 Section 16 -IV.B. REPAYMENT POLICY Current PHA Policy Family Debts to the PHA Any amount owed to the PHA by a family must be repaid by the family. If the family is unable to repay the debt within 30 days, the PHA will offer to enter into a repayment agreement in accordance with the policies below. If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will terminate assistance in accordance with the policies in Chapter 12 and pursue other modes of collection. PHA may allow deferral of debt payment in situations where reasonable accommodation, loss of income, or circumstances beyond the family’s control merit the deferral. Debt deferral will be allowed only one time during the duration of that debt. PHA will deny eligibility to a family who has indebtedness to PHA or any other PHA until the balance is paid in full. Families who have indebtedness to PHA or any other PHA will be denied portability until the balance is paid in full. Proposed MODIFY PHA Policy Family Debts to the PHA Any amount owed to the PHA by a family must be repaid by the family. If the family indicates it is unable to repay the debt within 30 days, the PHA will offer to enter into a repayment agreement in accordance with the policies below. If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will terminate assistance in accordance with the policies in Chapter 12 and pursue other modes of collection. PHA may allow deferral of debt payment in situations where reasonable accommodation, loss of income, or circumstances beyond the family’s control merit the deferral. Debt deferral will be allowed only one time during the duration of that debt. PHA will deny eligibility to a family who has ind ebtedness to PHA or any other PHA until the balance is paid in full. Families who have indebtedness to PHA or any other PHA will be denied portability until the balance is paid in full. Repeated occurrences of unreported income by a family is grounds for termination. The PHA will terminate upon the third incident of unreported income by the family in a 36 month period . The PHA receives monthly reports from a federal income verification system, which often is the source of discrepancy notifications. This system uses Social Security numbers to verify earned income . Information about the system is included in the family’s briefing packet. 21 Section Repayment Agreement [24 CFR 792.103] Current PHA Policy No Offer of Repayment Agreement The PHA will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family or if the amount owed by the family exceeds the federal or state threshold for criminal prosecution or the family has entered into a repayment agreement with the PHA in the past 36 months. Proposed MODIFY PHA Policy No Offer of Repayment Agreement The PHA will not enter into a repayment agreement with a family if there is already a repayment agreement in place with the family , or if the amount owed by the family exceeds the federal or state threshold for criminal prosecution , or if the family has entered into a repayment agreement with the PHA in the past 36 months. In the absence of a repayment agreement due to one of these conditions, the family will be required to pay the debt in full within 30 days. Chapter 18 Section 3 -I.B. Program Administration Staff and Contractors (page 18 -17) Current PHA Policy The PHA will employ appropriate staff, including one or more FSS coordinators or program coordinators to administer the FSS program. Proposed MODIFY PHA Policy The PHA will employ appropriate staff, including one or more FSS coordinators or program coordinators, and/or contract with an outside social service organization to provide case management and care plans . 22 Section 3 -II.B. Recommended PCC Membership (page 18 -19 and 18 -20) Current PHA Policy The PHA’s FSS program coordinating committee membership will include leadership from organizations such as but not limited to: Community Corporation of Santa Monica WorkSource Center Chrysalis Legal Aid Foundation of Los Angeles Clare Foundation Santa Monica Housing Authority Venice Family Clinic Westside Family Health Center Vista Del Mar New Economics for Women Upward Bound House St. Joseph Center Human Services, City of Santa Monica Virginia Park Teen Center SMMUSD Child Development Connections for Children SMMUSD Child Development Proposed M ODIFY PHA Policy The PHA’s FSS program coordinating committee membership will include representatives from organizations that provide services to low -income households that promote increased self -sufficiency, including, but not limited to: affordable housing, supportive services, employment services, education, healthcare, behavioral healthcare, financial management/fin ancial education, childcare, legal services and veterans organizations . 23 Section 3 -II.C. ALTERNATIVE PCC COMMITTEE (page 18 -20) Current PHA Policy The PHA will not utilize an existing entity as its program coordinating committee. Proposed MODIFY PHA Policy The PHA may, at its discretion, choose to utilize an existing entity as its program coordinating committee. Section 5 -I.C. Interim Goals (page 18 -36 ) Current PHA Policy For purposes of the PHA’s FSS program, seek employment means the head of household has applied for employment, attended job interviews , and otherwise followed through on employment opportuniti es as outlined in the individual training and services plan of his or her contract of participation. Maintain employment means that the FSS head of household will complete all of the obligations outlined in the individual training and services plan in his or her contract of participation (COP) and be employed full -time on the last effective day of the COP. Suitabl e employment is any employment that is obtained by the FSS head of household. Proposed M ODIFY PHA Policy For purposes of the PHA’s FSS program , seek employment means the head of household has applied for employment, attended job interviews , attended job fairs , and otherwise followed through on employment opportunities as outlined in the individual training and services plan of his or her contract of participation. Maintain employment means that the FSS head of household will complete all of the obliga tions outlined in the individual training and services plan in his or her contract of participation (COP) and be employed full -time on the last effective day of the COP. Suitable employment is any full -time employment that is obtained by the FSS head of household. The FSS program requires that FSS participants obtain full time employment equivalent to 32 or more hours per week. Program participants may work at multiple jobs in order to meet this requirement. 24 Section 5 -II.B. Contract Extension (page 18 -38) Current NO EXISTING LANGUAGE Proposed ADD PHA Policy FSS contract extension requests should be submitted to the FSS Coordinator before the FSS contract end date. Contract extension requests should be submitted to the FSS Coordinator a minimum of six months before an FSS participant’s contract expires. Section 6 -I.C. Disbursement before Expiration of Contract Term (page 18 -45) Current PHA Policy The PHA will disburse a portion of the FSS escrow account fu nds before completion of the COP for completion of higher education (i.e. college, graduate School) job training, or to meet start -up expenses involved in creation of a small business. Proposed MODIFY PHA Policy The PHA will disburse a portion of the FSS escrow account funds before completion of the COP if the PHA determines that the family has fulfilled certain interim goals and requires a portion of their FSS escrow account funds for purposes consistent with the contract of participation. Interim disbursements should not significantly deplete an FSS participant’s escrow account, however, amounts approved for disbursement will be determined based on how critical the requested disbursement is in assisting the FSS participant accomplish their final FSS ITSP goals. The Housing Manager will approve all requests for disbursements. 25 Glossary Current N EW TERMINOLOGY Proposed ADD PHA Policy Proof of Effort Proof of E ffort is a form the PHA requires applicants and participants to fill out when requesting an extension of a voucher. The Proof of Effort form must demonstrate to the Housing Authority that a good faith effort was made during the term of the voucher to find suitable housing . The form must be completed in full, and demonstrate that on a weekly basis, the vouche r holder was communicating with property owners/property management companies in the jurisdiction and visited potential apartments . The PHA may verify the information provided. Proof of E ffort may also include searches outside of Santa Monica if necessary. If a voucher holder submits a Proof of Effort form that is insufficient by these standards, the PHA may deny an extension request. Deed -Restrict ed Affordable Housing Housing which is subject to a property -specific affordability covenant that establishes tenant income -eligibility and rent limits for one or more residences at a property. Attachment C Public Comment and Housing Authority Response Comments received from : Community Corporation of Santa Monica (CCSM) Disabilities Commission (DC) Housing Commission, (HC) Legal Aid Foundation of Los Angeles (LAFLA) Social Services Commission (SSC) Chapter -Page Public Comment SMHA Response 4 -4 (HC ) SMHA’s AHPP Wait List policy should better reflect that the Wait List will be new and open all the time Revised to make this distinction 4 -6 (HC ) SMHA’s policy requiring applicants to use Assistance Check to update their information should include a reasonable accommodation policy Added and throughout the plan 4 -10 (HC ) SMHA’s displacement preference policy should not add the word “Declared” as it could be too restrictive “Declared” will be deleted 4 -13 (HC ) SMHA’s Income Targeted wait list policy should clarify that the list is the “inclusionary housing” waitlist Targeted waitlist includes several different programs. Language has been added to try to clarify what is included under “Income Targeted”. 4 -13 – 4 -14 (HC ) SMHA’s policy re: notification of selection from the wait list should include a policy for emails that are returned to the HA as undeliverable to the participant/household. Clarification that the emails must be returned based on address and not bounced by server…. Two different attempts will be made prior to removable from waitlist. 4 -13, 14 NOTIFICATION OF SELECTION: "If a notification email is returned to the PHA as undeliverable, the family will be removed from the wait list.” (SSC) Valid emails to valid email addresses frequently are returned as undeliverable due to server errors both on the sender side and on the recipient side. Is there another way to phrase this and can 3 attempts be made during 3 different 24 -hour periods? There also should be some kind of instruction sent to ask recipients to whitelist relevant email addresses to prevent them from being filtered (though this does not fix all delivery errors). Clarification that the emails must be returned based on address and not bounced by se rver…. Two different attempts will be made prior to removable from waitlist. 4 -17 (HC) SMHA’s proposal to add “Rent Burdened Households” to the preferences within tiers should define rend burdened as households who pay 50% (or more) of their income towar ds rent, instead of 40% Rent Burdened households have been added and burdened at 50 percent of their income. 4 -18 and 4 -19 (CCSM) In Exhibit 4.1 applicants that do not currently live in affordable housing get 10 additional points. This has historically put Community Corp’s low -income households at a disadvantage for section 8 vouchers. We are finding that many of our residents are rent over - burdened despite living in deed -restricted housing and are conducting a study to identify how many. We frequently encounter residents becoming at risk of losing their housing because they are not able to afford even the deed - restricted rents due to income, life or household changes. We ask that you reconsider excluding residents already in affordable housi ng for this prioritization. With limited resources the Housing Authority prioritizes housing for households in Santa Monica that have no subsidized housing, where rents can well exceed incomes, and with no restrictions on how high the market rents might r ise. 4 -19 (CCSM) We agree with the added definition on page 4 -19 that households spending more than 40% of their gross annual income should be considered a rent -burdened household, though typically anything over 30% is considered rent -burdened. The priority is to assist those who have the greater need. Chapter 4 Exhibit 4 -1 (SSC) The Commission had requested that families with children in SMMUSD schools be prioritized in some way as to prevent disruption to their learning. Is this not possible? Admin Plan Exhibit 4 -1 Order of Selection within Tiers – priority is given to families with children enrolled in Santa Monica schools: • Adults with custody of minor children who are enrolled in Santa Monica schools. 1 4 -1 1 . B (LAFLA) We suggest that the following language be added "...the PHA will terminate the family's assistance in accordance with the policies in Chapter 12, including but not limited to a case - by -case analysis in in which the PHA will consider the individual circumstances surrounding each overpayment." By adding the additional language, it will clarify that the PHA should look at the individual circumstances surrounding each overpayment in order to determine whether termination is appropriate. A case -by -case analysis would address the possible situation where overpayments were inadvertently created by the family for separate and distinct reasons. In this situation, proceeding to termination may not be warranted or appropriate. A case by case analysis could result in policy being applied inequitably. However, all reasonable accommodations will be considered. 16 -11.B. (LAFLA) has concerns about the proposed new policy for setting rents for Section 8 tenants in deed restricted units. These deed restricted apartments are created through development agreements called "Agreements Imposing Restrictions on Real Property" (Agreements) where the developer has already received a benefit such as a density bonus in exchange for agreeing to charge reduced rents for 55 years. The proposed deed restricted rate structure is to assure that deed restricted apartments are serving Santa Monica Section 8 voucher holders and not voucher holders from other jurisdictions. 16 -lV.B. (LAFLA) The proposed language in this section is not co nsistent with the proposed language in Chapter 14 - Il.B. Family -Caused Errors and Program Abuse. As Corrected such, we suggest the proposed language be changed to the following: "The PHA will terminate assistance if the family creates more than two overpayments in 36 months by failing to report income ." 1 6 -IV.B. (LAFLA) The proposed language in this section is not consistent with the proposed language in Chapter 14 - II.B. Famil y : Caused Errors and Program Abuse. We propose the language be amended to the following: "...or if the family has entered into two repayment agreements with the PHA in the past 36 months." The PHA will substitute “if the family creates more than two overpayments in 36 months by failing to report income they will be terminated” 18 -17 (SSC) What is the justification for outsourcing administration of the FSS program, and when and how was this decision made? Given that this is occurring already, how is quality assured and how are costs controlled? Currently, the Santa Monica Housing Authority administers the FSS program. The city contracts with the St. Joseph Center for the social services provided to FSS participants. 18 -20 (SSC) W ould it be possible to describe eligible organizations in categor ical/functional terms in addition to listing specific agencies? Any organization that has something to offer FSS participants is welcome to participate on the Coordinating Committee. The PHA’s FSS program coordinating committee membership will include repr esentatives from organizations that provide services to low -income households that promote increased self -sufficiency, including, but not limited to: affordable housing, supportive services, employment services, education, healthcare, behavioral health car e, financial management/financial education, child care, and legal services. 18 -20 (SSC) On what grounds would SMHA outsource the PCC? The argument given here is not very informative. The SM FSS program would not be outsourcing the PCC. This revision simply provides the SM FSS program with the option of partnering with another existing entity that already provides similar services and with the option to expand its services. An example of this is partnering with a neighboring jurisdiction’s FSS PCC, i.e . Culver City. 18 -35 (SSC) “Any full -time employment” seems a very high bar in this economy. What about setting the bar at hours/week or minimum wage, in case a person has to combine part - time jobs and contracts in order to approach full -time equivalenc y? The HUD regulation specifies 32+ hours a week as a requirement. GL -12 (DC) The Commission asked if SMHA could make special provisions for persons with disabilities. The Commission commented that the proof of effort may be too much of a burden and the HA should relax the requirements for persons with disabilities. Most of the public served are either senior or disabled and the 60 days requirement is standard for applicants. We always consider accommodations but we need to have assurances that applic ants are in search.