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SR 04-12-2022 3I
City Council Housing Authority Report City Council Meeting: April 12, 2022 Agenda Item: 3.I 1 of 4 To: Housing Authority, Mayor and City Council From: Andy Agle, Director, Community Services Department, Housing and Human Services Subject: Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan Recommended Action Staff recommends that the Housing Authority Board: 1. Adopt the FY2022-2023 Santa Monica Housing Authority Annual Plan, provided as Attachment A. 2. Authorize the submission of the FY2021-2023 Annual Plan to the United States Department of Housing and Urban Development. Summary The Santa Monica Housing Authority (SMHA) administers approximately 1,600 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households through five federal housing programs: • Housing Choice Voucher • Continuum of Care • HOME Investment Partnerships Program • Veterans Affairs Supportive Housing • Emergency Housing Voucher Each year, SMHA is required to submit an Annual Plan and progress report to the U.S Department of Housing and Urban Development (HUD) to inform the agency, voucher participants, and members of the public of any updates to the authority’s mission, goals, 3.I Packet Pg. 327 2 of 4 and objectives. This year, SMHA is not proposing any changes to the current Administrative Plan. Discussion The SMHA’s mission mirrors that of HUD’s, which is to promote adequate and affordable housing, economic opportunity, and a suitable living environment free from discrimination. Each of SMHA’s goals and objectives is listed in the 5-Year Plan Progress Report as part of the FY 2022-23 Annual Plan submission (Attachment A). The SMHA operates in accordance with the rules and regulations detailed in its Administrative Plan, which is a combination of federally established regulations and local policies and procedures. On October 13, 2020, Council approved SMHA’s Public Housing Authority (PHA) Plan, which included the agency’s 5-Year Plan and FY 2020-21 Annual Plan. The PHA Plan, consisting of an agency’s 5-Year Plan and Annual Plan, is a comprehensive guide that details the operations and strategies for meeting local housing needs and goals. SMHA is required to submit an Annual Plan each subsequent year that identifies any discretionary policy changes made to the Housing Choice Voucher (HCV) section of the Administrative Plan and tracks progress made towards the goals identified in the 5-Year Plan. Each SMHA HUD-funded voucher program has its own set of requirements for performance reporting, and the Annual Plan is for policy and progress updates for the HCV program. Specifically, SMHA prepares and submits a Streamlined Annual Plan due to its “voucher only” designation. The designation is reserved for a PHA that administers more than 550 HCVs, does not own or manage public housing, and was not designated as troubled in its most recent Section Eight Management Assessment Program performance assessment. The FY 2022-23 Annual Plan reinforces all provisions set forth in the FY 2021-22 Annual Plan with no additional updates or modifications. Progress highlights for the FY 2021-22 period include: 3.I Packet Pg. 328 3 of 4 • Two City-funded affordable housing developments totaling 79 apartments were completed, which provided new opportunities for voucher participants. • One permanent supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, State of California Tax Credit Allocation Committee funding commitment, and land use and design approvals, and will be starting construction in June 2022. The SMHA has allocated 57 project-based vouchers to this pending development. • SMHA increased voucher utilization by 59 vouchers and, from July 1, 2021 to March 1, 2022, SMHA issued 261 vouchers among the various programs it administers. • On May 1, 2020, SMHA opened waitlists for the HCV and Below Market Housing (BMH) programs. As of January 2022, BMH has referred 1,293 unique households to 121 affordable housing vacancies. • SMHA implemented waivers and alternative requirements allowed by HUD to continue operating and providing critical housing services during the ongoing COVID-19 pandemic. Community Input The proposed Annual Plan requires a 45-day public comment period and subsequent approval by the Housing Authority Board (i.e., City Council). Although SMHA is not proposing any changes to the current Administrative Plan, City staff welcomed public input during the public review period regarding the Administrative Plan as well. City staff solicited input from the Resident Advisory Board (RAB), voucher participants, affordable housing advocates, and the general public via direct mail, email outreach, and website posting. Both documents were available for public comment from January 31, 2022, through March 17, 2022. No public comments regarding proposed changes for the Annual Plan or Administrative Plan were received during the public comment period; however, two program participants communicated their appreciation for being included in the RAB. 3.I Packet Pg. 329 4 of 4 The proposed Annual Plan was also reviewed by the Housing Commission at its March 17, 2022 meeting. The Housing Commission did not discuss the item or make a recommendation during the meeting. The deadline to submit the Annual Plan is April 17, 2022. Past Council Actions Meeting Date Description 4/27/21 (Attachment C, D) Council adoption of FY21-22 SMHA Annual and Administrative Plans 10/13/20 (Attachment E) Council adoption of FY20-25 SMHA Public Housing Authority Plan (Includes FY20-25 SMHA 5-Year Plan and FY20-21 Annual Plan) Financial Impacts and Budget Actions If approved, there is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Claudia Kompa, Executive Administrative Assistant Approved Forwarded to Council Attachments: A. Draft FY22-23 Santa Monica Housing Authority Annual Plan B. FY21-22 Santa Monica Housing Authority Annual Plan C. FY21-22 Santa Monica Housing Authority Administrative Plan D. FY20-25 Santa Monica Housing Authority Public Housing Authority Plan E. Written Comment 3.I Packet Pg. 330 Streamlined Annual PHA Plan (HCV Only PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 03/31/2024 Page 1 of 5 form HUD-50075-HCV (03/2024) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs. Definitions. (1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: Santa Monica Housing Authority_______________________________________________ PHA Code: CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/01/22___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1,508________ PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: 3.I.a Packet Pg. 331 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 2 of 5 form HUD-50075-HCV (03/2024) B. Plan Elements. B.1 Revision of Existing PHA Plan Elements. a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N Statement of Housing Needs and Strategy for Addressing Housing Needs. Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Informal Review and Hearing Procedures. Homeownership Programs. Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. Substantial Deviation. Significant Amendment/Modification. (b) If the PHA answered yes for any element, describe the revisions for each element(s): B.2 New Activities. – Not Applicable B.3 Progress Report. Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. The progress report is attached. B.4 Capital Improvements. – Not Applicable B.5 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A (b) If yes, please describe: C. Other Document and/or Certification Requirements. C.1 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) have comments to the PHA Plan? The Santa Monica Housing Authority directly contacted each member of the RAB (approximately 1,300) via direct mail and e-mail to offer members the opportunity to provide input on the Annual Plan or current Administrative Plan. No input or comments were received from the RAB regarding the Plans. Y N (b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. C.2 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan. 3.I.a Packet Pg. 332 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 3 of 5 form HUD-50075-HCV (03/2024) C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan? Y N If yes, include Challenged Elements. D. Affirmatively Furthering Fair Housing (AFFH). D.1 Affirmatively Furthering Fair Housing (AFFH). Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item. Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal: Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) 3.I.a Packet Pg. 333 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 4 of 5 form HUD-50075-HCV (03/2024) Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV-Only PHAs ___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no." Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenant- based assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)). The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)). Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided. 3.I.a Packet Pg. 334 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 5 of 5 form HUD-50075-HCV (03/2024) B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs. B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p)) C. Other Document and/or Certification Requirements. C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed. Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)). C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. D. Affirmatively Furthering Fair Housing (AFFH). D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary. Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document. This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality 3.I.a Packet Pg. 335 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Santa Monica Housing Authority (SMHA) 5-Year Plan Progress Report Below are the goals and objectives identified in the SMHA 5-year Plan. The 5-year Plan was approved by the Housing Authority Board on October 13, 2020. • Goal: Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments. Progress: One supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, State of California Tax Credit Allocation Committee funding commitment, and land use and design approvals, and will be starting construction in June 2022. The SMHA has allocated 57 project-based vouchers to this pending development. Another development targeting young adults at risk of homelessness or experiencing homelessness is in the predevelopment stage, has received some funding commitments, and will be seeking housing trust fund financing from the City in 2022. The SMHA intends to allocate approximately 8 project-based vouchers to this pending development. • Goal: Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica. Progress: A significant amount of voucher applicants continues to be households in the Santa Monica workforce. The most recent data from 2021 indicates that almost ¾ of applicants pulled from the waitlist (444 out of 600) work 25 hours a week or more in Santa Monica. • Goal: Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities. Progress: No updates to report. However, note that the SMHA in 2021 agreed to accept and administer 104 Emergency Housing Vouchers allocated by the federal department of Housing and Urban Development, which prioritizes people experiencing homelessness, many of whom are living with disabilities. • Goal: Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing (VASH) and Continuum of Care vouchers, as they are available. Progress: SMHA has 35 VASH vouchers, 20 of which were awarded on 2/1/2020. Twenty-five of the vouchers are being utilized, and SMHA works closely with the Veterans Administration to connect veterans to available vouchers. o SMHA was awarded additional Continuum of Care funds in the amount of $534,000 beginning June 1, 2021, which is allowing the SMHA to issue more vouchers under this program than is feasible with the existing annual renewal funding. • Goal: Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit. Progress: No updates to report. 3.I.a Packet Pg. 336 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica • Goal: Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality. Progress: o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, which were completed during 2021. This assisted the SMHA with handling an increased workload due to pandemic-related income loss affecting households and the associated interim reexaminations, which result in lowering tenants’ portion of rent. SMHA also expanded the contract with NMA to include eligibility determination for 300 waitlist applicants, which was completed in December 2021 and resulted in the issuance of more than 100 vouchers to new program participants. o SMHA increased voucher utilization during 2021 by 59 vouchers among the various programs it administers. • Goal: Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed. Progress: No updates to report. • Goal: Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher (HCV), Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously. Progress: o On May 1, 2020, SMHA opened waitlists for the HCV program. As of this report the HCV waitlist has 18,927 applicants. o On May 1, 2020, the Below Market Housing (BMH) program waitlist opened. From July 1, 2021 to this report, the BMH waitlist has 7,005 applicants and has referred 1,293 unique households to 121 affordable housing vacancies. o The city continued to conduct outreach for the POD program in 2021 to increase awareness and enrollment. The POD program provides cash assistance to very low-income seniors in rent-controlled apartments to prevent displacement. As of this report, the POD program has 193 participants receiving an average of $506 in monthly cash assistance. • Goal: Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants. Progress: o In an effort to continue operating and providing critical housing services in 2021 during the ongoing COVID-19 pandemic, SMHA implemented the waivers and alternative requirements published by the Department of Housing and Urban Development. o During 2021, staff was able to increase the HOME voucher program to assist 11 households; the HOME voucher program prioritizes residents who are at risk of losing their housing due to rent burden and other factors. 3.I.a Packet Pg. 337 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica o During 2021, the rehabilitation of a residential rental property containing 30 apartments and serving mostly low-income households, many of whom are in voucher programs, was also completed in 2021. • Goal: Coordinate with Human Services and service providers to prevent eviction and displacement. Progress: o As of July 2020, the city’s Housing and Human Services divisions have merged into one division for improved coordination and service delivery. SMHA staff are embedded into the city’s Housing and Human Services Division and work closely with other city departments (City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement. o The City provides funding to the Legal Aid Foundation of Los Angeles, which has an office in Santa Monica and represents low-income Santa Monica residents who face possible eviction and displacement. o The City provides funding to various social service providers, such as Wise and Healthy Aging, St. Joseph Service Center, Step Up On Second, and The People Concern, who provide supportive services to low-income residents to assist in preventing eviction and displacement. • Goal: Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs. Progress: No updates to report. • Goal: Develop a client-focused customer service policy. Progress: No updates to report. • Goal: Increase community integration for persons with disabilities Progress: On May 1, 2020 the BMH program waitlist opened, which seeks information regarding accommodations for applicants living with disabilities, and then matches applicants to affordable housing opportunities which can meet the applicant needs. • Goal: Promote civic engagement of recipients Progress: SMHA directly contacts all voucher program recipients one or more times annually and encourages participation in revising and updating voucher administration policy, including opportunities for engaging with the Housing Commission and the City Council. • Goal: Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access. Progress: During 2021, two City-funded affordable housing developments totaling 79 apartments were completed, which provided new opportunities for voucher holders. Additionally, another City-funded affordable housing development totaling 37 apartments is nearly complete and will provide additional opportunities for voucher holders. 3.I.a Packet Pg. 338 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Streamlined Annual PHA Plan (HCV Only PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 02/29/2016 Page 1 of 4 form HUD-50075-HCV (12/2014) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs. Definitions. (1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: _____Santa Monica Housing Authority___________ PHA Code: ____CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ____07/01/2021___ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _________1319________ PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: 3.I.b Packet Pg. 339 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Page 2 of 4 form HUD-50075-HCV (12/2014) B. Annual Plan. B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N Housing Needs and Strategy for Addressing Housing Needs. Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Informal Review and Hearing Procedures. Homeownership Programs. Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. Substantial Deviation. Significant Amendment/Modification. (b) If the PHA answered yes for any element, describe the revisions for each element(s): The PHA made a change to the waitlist procedures to prioritize HOME voucher program participants transferring to the HCV program. Rental assistance through the HOME program is intended for a short duration (up to 24 months). The Housing Choice Voucher (HCV) program does not have a term limit for rental assistance and transferring HOME voucher participants to the HCV program would provide long-term housing stability for these households. Additionally, transitioning HOME voucher participants to the HCV program would allow increased and ongoing availability in the HOME voucher program, which prioritizes senior and disabled households at risk of losing their existing housing. B.2 New Activities (a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N Project Based Vouchers. (b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. – The City of Santa Monica has invested housing capital for the development of supportive housing targeting persons experiencing homelessness, and the Housing Authority intends attach approximately 65 project-based vouchers to two developments to ensure that tenant portions of rent are affordable and the ongoing financial feasibility of the properties. B.3 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A (b) If yes, please describe: B.4 Civil Rights Certification Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.5 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.6 Progress Report. Progress Report is attached 3.I.b Packet Pg. 340 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Page 3 of 4 form HUD-50075-HCV (12/2014) B.7 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N *Comments provided by RAB will be submitted with the Annual Plan. (a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV Only PHAs ___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no." Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)). Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) 3.I.b Packet Pg. 341 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Page 4 of 4 form HUD-50075-HCV (12/2014) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii)) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided. B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937. Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p)) B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality 3.I.b Packet Pg. 342 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing SMHA 5-Year Plan Progress Report Below are the goals and objectives identified in the SMHA 5-year Plan, approved by the Housing Authority Board on October 13, 2020. The updates include progress made in the 4 months since the Plan was approved. • Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments. o One supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, and land use and design approvals, and is preparing to apply for the final portion of development financing from the State of California Tax Credit Allocation Committee; another development targeting young adults at risk of homelessness or experiencing homelessness is in the process of obtaining its land use and design approvals; for both pending developments, the SMHA intends to allocate approximately 65 project-based vouchers. • Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica. o Of the 600 applicants pulled from the waitlist in 2021, 74% (444) indicated they work 25 hours a week or more in Santa Monica. • Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing and Continuum of Care vouchers, as they are available. o SMHA has 35 VASH vouchers, 20 of which were awarded 2/1/2020. 25 of the vouchers are being utilized and the SMHA works closely with the Veterans Administration to connect veterans to available vouchers. o SMHA was awarded additional Continuum of Care funds in the amount of $534,000 beginning June 1, 2021, which will allow the SMHA to issue more vouchers. • Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality. o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, assisting the SMHA with an increased workload due to pandemic-related income loss affecting households and the associated interim 3.I.b Packet Pg. 343 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing reexaminations. As of this report NMA has completed 464 annual recertifications. o SMHA expanded the contract with Nan McKay to include eligibility determination for 300 waitlist applicants. In February 2021, 33 vouchers were issued, and tenants leased-up, through this collaboration. • Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher, Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously. o On May 1, 2020 the SMHA opened waitlists for the Housing Choice Voucher (HCV) program. As of this report the HCV waitlist has 13,977 applicants. o On May 1, 2020 the Below Market Housing (BMH) program waitlist opened. As of this report the BMH waitlist has 4,063 applicants. • Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants. o In an effort to continue to operate and provide critical housing services during the COVID-19 pandemic, SMHA implemented the waivers and alternative requirements published by the Department of Housing and Urban Development. • Coordinate with Human Services and service providers to prevent eviction and displacement. o SMHA staff work closely with other city departments (Human Services, City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement. o The City of Santa Monica’s Covid Emergency Rental Assistance Program (ERAP) provided rental assistance to approximately 600 households • Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Develop a client-focused customer service policy; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Increase community integration for persons with disabilities; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Promote civic engagement of recipients; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 3.I.b Packet Pg. 344 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing SANTA MONICA HOUSING AUTHORITY ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER PROGRAM Approved by the HA Board of Commissioners: November 23, 2021 Submitted to HUD: December 17, 2021 Approved by HUD: 3.I.c Packet Pg. 345 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Copyright 2021 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. 3.I.c Packet Pg. 346 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Administrative Plan Table of Contents INTRODUCTION: ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN CHAPTER 1 : OVERVIEW OF THE PROGRAM AND PLAN ............................................................ 1-1 PART I: THE PHA ................................................................................................................................................. 1-2 1-I.A. OVERVIEW ................................................................................................................................................... 1-2 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA ........................................................................................... 1-2 1-I.C. PHA MISSION ............................................................................................................................................... 1-2 1-I.D. THE PHA’S PROGRAMS ................................................................................................................................ 1-2 1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE.................................................................................... 1-3 PART II: THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM .............................................................. 1-4 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM ............................................................................................. 1-4 1-II.B. PROGRAM BASICS ....................................................................................................................................... 1-5 1-II.C. THE SECTION 8 HCV PARTNERSHIPS ........................................................................................................... 1-6 The Relationships: ............................................................................................................................................. 1-7 What Does HUD Do? ......................................................................................................................................... 1-8 What Does the PHA Do? ................................................................................................................................... 1-8 What Does the Owner Do? ............................................................................................................................... 1-9 What Does the Family Do? ............................................................................................................................... 1-9 1-II.D. APPLICABLE REGULATIONS ....................................................................................................................... 1-10 PART III: THE SECTION 8 HCV ADMINISTRATIVE PLAN ....................................................................................... 1-11 1-III.A. OVERVIEW AND PURPOSE OF THE PLAN ................................................................................................. 1-11 1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54] ............................................................................................... 1-11 Mandatory vs. Discretionary Policy ................................................................................................................ 1-13 1-III.C. ORGANIZATION OF THE PLAN .................................................................................................................. 1-13 1-III.D. UPDATING AND REVISING THE PLAN ....................................................................................................... 1-13 CHAPTER 2 : FAIR HOUSING AND EQUAL OPPORTUNITY .......................................................... 2-1 PART I: NONDISCRIMINATION ............................................................................................................................ 2-2 2-I.A. OVERVIEW ................................................................................................................................................... 2-2 2-I.B. NONDISCRIMINATION .................................................................................................................................. 2-3 Providing Information to Families and Owners ................................................................................................ 2-4 Discrimination Complaints ................................................................................................................................ 2-4 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES............................................................................... 2-6 2-II.A. OVERVIEW .................................................................................................................................................. 2-6 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION ..................................................................................... 2-6 Types of Reasonable Accommodations ............................................................................................................ 2-7 2-II.C. REQUEST FOR AN ACCOMMODATION ........................................................................................................ 2-7 2-II.D. Verification of Disability.............................................................................................................................. 2-8 3.I.c Packet Pg. 347 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 2-II.E. Approval/Denial of a Requested Accommodation [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act Notice PIH 2010-26]. .................................... 2-9 2-II.F. Program Accessibility for Persons with Hearing or Vision Impairments ................................................... 2-10 2-II.G. Physical Accessibility ................................................................................................................................. 2-11 2-II.H. Denial or Termination of Assistance ......................................................................................................... 2-11 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)............ 2-13 2-III.A. OVERVIEW ............................................................................................................................................... 2-13 2-III.B. ORAL INTERPRETATION ............................................................................................................................ 2-14 2-III.C. WRITTEN TRANSLATION........................................................................................................................... 2-14 2-III.D. IMPLEMENTATION PLAN ......................................................................................................................... 2-15 EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201] ............................................................................................................................................... 2-16 EXHIBIT 2-2: SANTA MONICA HOUSING AUTHORITY LANGUAGE ASSISTANCE PLAN ........................................ 2-18 CHAPTER 3 : ELIGIBILITY .......................................................................................................... 3-1 PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS ........................................................................... 3-2 3-I.A. OVERVIEW ................................................................................................................................................... 3-2 3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); HUD-50058 IB, p. 13; FR Notice 02/03/12] ...................... 3-2 Family ................................................................................................................................................................ 3-2 Household ......................................................................................................................................................... 3-3 3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY ........................................................... 3-3 Family Break-up [24 CFR 982.315; Notice PIH 2017-08] ................................................................................... 3-3 Remaining Member of a Tenant Family [24 CFR 5.403] ................................................................................... 3-4 3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)] .................................................................................................... 3-4 3-I.E. SPOUSE, COHEAD, AND OTHER ADULT ........................................................................................................ 3-4 3-I.F. DEPENDENT [24 CFR 5.603].......................................................................................................................... 3-5 Joint Custody of Dependents ............................................................................................................................ 3-5 3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV 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 .................................................................................................................................................... 3-7 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 .......................................................................................................................... 3-9 Definitions of Temporarily and Permanently Absent ....................................................................................... 3-9 Absent Students ................................................................................................................................................ 3-9 Absences Due to Placement in Foster Care [24 CFR 5.403] .............................................................................. 3-9 Absent Head, Spouse, or Cohead .................................................................................................................... 3-10 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] .......................................... 3-10 Return of Permanently Absent Family Members ........................................................................................... 3-10 3.I.c Packet Pg. 348 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 3-I.M. LIVE-IN AIDE [PIH 2012-33] ....................................................................................................................... 3-10 PART II: BASIC ELIGIBILITY CRITERIA ................................................................................................................. 3-13 3-II.A. INCOME ELIGIBILITY AND TARGETING ...................................................................................................... 3-13 Income Limits .................................................................................................................................................. 3-13 Definitions of the Income Limits [24 CFR 5.603(b)] ........................................................................................ 3-13 Using Income Limits for Eligibility [24 CFR 982.201] ....................................................................................... 3-13 Using Income Limits for Targeting [24 CFR 982.201] ...................................................................................... 3-14 3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] ................................................. 3-14 Declaration [24 CFR 5.508] ............................................................................................................................. 3-15 Mixed Families ................................................................................................................................................ 3-16 Ineligible Families [24 CFR 5.514(d), (e), and (f)] ............................................................................................ 3-17 Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] .......................................................... 3-17 3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2012-10] ........................................... 3-18 3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, HCV GB, p. 5-13] ............................... 3-18 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 and FR Notice 4/10/06, FR Notice 9/21/16] ................................................................................................................................................... 3-19 Definitions ....................................................................................................................................................... 3-19 Determining Student Eligibility ....................................................................................................................... 3-22 3-II.F. EIV SYSTEM SEARCHES [Notice PIH 2018-18; EIV FAQs; EIV System Training 9/30/20] ............................ 3-23 Existing Tenant Search .................................................................................................................................... 3-23 Debts Owed to PHAs and Terminations .......................................................................................................... 3-24 Income and IVT Reports .................................................................................................................................. 3-25 PART III: DENIAL OF ASSISTANCE ...................................................................................................................... 3-26 3-III.A. OVERVIEW ............................................................................................................................................... 3-26 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] .............................................................................. 3-27 Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)] ...................... 3-27 3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)] .................................................................... 3-27 3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE .................................................................... 3-29 Criminal Activity [24 CFR 982.553] .................................................................................................................. 3-29 Previous Behavior in Assisted Housing [24 CFR 982.552(c)] ........................................................................... 3-30 3-III.D. SCREENING .............................................................................................................................................. 3-31 3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE ....................................................................................... 3-33 3-III.F. NOTICE OF ELIGIBILITY OR DENIAL ........................................................................................................... 3-36 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING ....................................................................................................................... 3-37 Notification ..................................................................................................................................................... 3-37 Documentation ............................................................................................................................................... 3-38 EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES ........................................................................ 3-39 EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002] ......................... 3-42 CHAPTER 4 : APPLICATIONS, WAITLIST, AND TENANT SELECTION ............................................ 4-1 PART I: THE APPLICATION PROCESS .................................................................................................................... 4-2 4-I.A. OVERVIEW ................................................................................................................................................... 4-2 4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] .............................................. 4-2 3.I.c Packet Pg. 349 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 4-I.C. Accessibility of the Application Process ....................................................................................................... 4-3 Limited English Proficiency ............................................................................................................................... 4-3 4-I.D. PLACEMENT ON THE WAITLIST .................................................................................................................... 4-3 Ineligible for Placement on the Waitlist ........................................................................................................... 4-4 Eligible for Placement on the Waitlist............................................................................................................... 4-4 PART II: MANAGING THE WAITLIST ..................................................................................................................... 4-5 4-II.A. OVERVIEW .................................................................................................................................................. 4-5 4-II.B. ORGANIZATION OF THE SECTION 8 HCV WAITLIST [24 CFR 982.204 and 205] .......................................... 4-5 4-II.C. OPENING AND CLOSING THE WAITLIST [24 CFR 982.206] .......................................................................... 4-6 Closing the Waitlist ........................................................................................................................................... 4-6 Reopening the Waitlist ..................................................................................................................................... 4-6 4-II.D. APPLICANT OUTREACH [HCV GB, pp. 4-2 to 4-4] ........................................................................................ 4-7 4-II.E. REPORTING CHANGES IN HOUSEHOLD CIRCUMSTANCES .......................................................................... 4-8 Purging the Waitlist .......................................................................................................................................... 4-8 Removal from the Waitlist ................................................................................................................................ 4-9 PART III: SELECTION FOR SECTION 8 HCV ASSISTANCE ...................................................................................... 4-10 4-III.A. OVERVIEW ............................................................................................................................................... 4-10 4-III.B. SELECTION AND SECTION 8 HCV FUNDING SOURCES .............................................................................. 4-10 Special Admissions (non-waitlist) [24 CFR 982.203] ....................................................................................... 4-10 Targeted Funding [24 CFR 982.204(e)] ........................................................................................................... 4-10 Project-Based Targeting .................................................................................................................................. 4-11 4-III.C. SELECTION METHOD ................................................................................................................................ 4-11 Local Preferences [24 CFR 982.207; HCV p. 4-16] ........................................................................................... 4-11 Order of Selection Within Tiers ...................................................................................................................... 4-13 Income Targeting Requirement [24 CFR 982.201(b)(2)] ................................................................................. 4-14 4-III.D. NOTIFICATION OF SELECTION .................................................................................................................. 4-14 4-III.E. THE APPLICATION INTERVIEW ................................................................................................................. 4-15 4-III.F. COMPLETING THE APPLICATION PROCESS ............................................................................................... 4-16 EXHIBIT 4-1: PHA’S SECTION 8 HCV WAITLIST & HIERARCHY OF PREFERENCES ................................................. 4-18 CHAPTER 5 : BRIEFINGS AND VOUCHER ISSUANCE ..................................................................... 1 PART I: BRIEFINGS AND FAMILY OBLIGATIONS ...................................................................................................... 2 5-I.A. OVERVIEW ....................................................................................................................................................... 2 5-I.B. BRIEFING [24 CFR 982.301] .............................................................................................................................. 2 Notification of Briefing .......................................................................................................................................... 2 In-Person Briefing ................................................................................................................................................. 2 Remote Briefings [Notice PIH 2020-32] ................................................................................................................ 3 Accessibility Requirements for Persons with Disabilities and LEP Individuals ...................................................... 4 Conducting Remote Briefings ............................................................................................................................... 4 Oral Briefing [24 CFR 982.301(a)] ......................................................................................................................... 5 Briefing Packet [24 CFR 982.301(b)] ..................................................................................................................... 6 Additional Items to be Included in the Briefing Packet ........................................................................................ 7 5-I.C. FAMILY OBLIGATIONS ...................................................................................................................................... 8 Time Frames for Reporting Changes Required by Family Obligations .................................................................. 8 Family Obligations [24 CFR 982.551] .................................................................................................................... 9 3.I.c Packet Pg. 350 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .................................................................................... 13 5-II.A. OVERVIEW .................................................................................................................................................... 13 5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] .................................................................. 13 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS.......................................................................................................... 15 5-II.D. VOUCHER ISSUANCE [24 CFR 982.302] ......................................................................................................... 15 5-II.E. VOUCHER TERM, AND EXTENSIONS .............................................................................................................. 16 Extensions of Voucher Term [24 CFR 982.303(b)] .............................................................................................. 17 Suspensions of Voucher Term [24 CFR 982.303(c)] ............................................................................................ 18 Expiration of Voucher Term ................................................................................................................................ 18 CHAPTER 6 : INCOME AND SUBSIDY DETERMINATIONS [24 CFR PART 5, SUBPARTS E AND F; 24 CFR 982] ..................................................................................................................................... 1 PART I: ANNUAL INCOME ...................................................................................................................................... 2 6-I.A. OVERVIEW ....................................................................................................................................................... 2 6-I.B. HOUSEHOLD COMPOSITION AND INCOME ..................................................................................................... 2 Summary of Income Included and Excluded by Person ........................................................................................ 3 Temporarily Absent Family Members ................................................................................................................... 3 Family Members Permanently Confined for Medical Reasons ............................................................................. 4 Joint Custody of Dependents ................................................................................................................................ 5 Caretakers for a Child............................................................................................................................................ 5 6-I.C. ANTICIPATING ANNUAL INCOME ..................................................................................................................... 6 Basis of Annual Income Projection ....................................................................................................................... 6 Projecting Income ................................................................................................................................................. 8 6-I.D. EARNED INCOME ............................................................................................................................................. 8 Types of Earned Income Included in Annual Income ............................................................................................ 8 Types of Earned Income Not Counted in Annual Income ..................................................................................... 8 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16] ................................................................................................................................ 12 Eligibility .............................................................................................................................................................. 12 Calculation of the Disallowance .......................................................................................................................... 12 Calculation Method ............................................................................................................................................ 13 6-I.F. BUSINESS INCOME [24 CFR 5.609(b)(2)] ........................................................................................................ 13 Business Expenses ............................................................................................................................................... 14 Business Expansion ............................................................................................................................................. 14 Capital Indebtedness .......................................................................................................................................... 14 Negative Business Income .................................................................................................................................. 14 Withdrawal of Cash or Assets from a Business ................................................................................................... 15 Co-owned Businesses ......................................................................................................................................... 15 6-I.G. ASSETS [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] ............................................................................................... 15 Overview ............................................................................................................................................................. 15 General Policies................................................................................................................................................... 16 Types of Assets.................................................................................................................................................... 19 6-I.H. PERIODIC PAYMENTS ..................................................................................................................................... 24 Periodic Payments Included in Annual Income ................................................................................................... 24 Lump-Sum Payments for the Delayed Start of a Periodic Payment.................................................................... 24 Periodic Payments Excluded from Annual Income ............................................................................................. 25 6-I.I. PAYMENTS IN LIEU OF EARNINGS ................................................................................................................... 26 3.I.c Packet Pg. 351 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 6-I.J. WELFARE ASSISTANCE .................................................................................................................................... 26 Overview ............................................................................................................................................................. 26 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ......................................................... 26 6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)] ............................................................. 27 Alimony and Child Support ................................................................................................................................. 27 Regular Contributions or Gifts ............................................................................................................................ 28 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9); Notice PIH 2015-21] ................................................ 28 Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06; Notice PIH 2015-21] ............................................................................................................................................................................ 29 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] ............................................. 30 6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME .................................................................................... 30 PART II: ADJUSTED INCOME ................................................................................................................................. 35 6-II.A. INTRODUCTION ............................................................................................................................................. 35 Overview ............................................................................................................................................................. 35 Anticipating Expenses ......................................................................................................................................... 35 6-II.B. DEPENDENT DEDUCTION .............................................................................................................................. 36 6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION ................................................................................................. 36 6-II.D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(a)(3)(i)] ............................................................................. 36 Definition of Medical Expenses........................................................................................................................... 37 Summary of Allowable Medical Expenses from IRS Publication 502 .................................................................. 37 Families That Qualify for Both Medical and Disability Assistance Expenses....................................................... 38 6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ..................... 38 Earned Income Limit on the Disability Assistance Expense Deduction............................................................... 38 Eligible Disability Expenses ................................................................................................................................. 39 Necessary and Reasonable Expenses .................................................................................................................. 40 Families That Qualify for Both Medical and Disability Assistance Expenses....................................................... 40 6-II.F. CHILD CARE EXPENSE DEDUCTION ................................................................................................................ 40 Clarifying the Meaning of Child for This Deduction ............................................................................................ 41 Qualifying for the Deduction .............................................................................................................................. 41 Earned Income Limit on Child Care Expense Deduction ..................................................................................... 42 Eligible Child Care Expenses ................................................................................................................................ 43 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY .................................................................................. 45 6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS .................................................................................... 45 TTP Formula [24 CFR 5.628] ................................................................................................................................ 45 Family Share [24 CFR 982.305(a)(5)] ................................................................................................................... 45 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] .................................................................................... 46 6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630] .......................................................... 46 Overview ............................................................................................................................................................. 47 HUD-Defined Financial Hardship ........................................................................................................................ 47 Implementation of Hardship Exemption ............................................................................................................ 48 6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(b)] ................................................................ 50 Overview ............................................................................................................................................................. 50 Changes in Payment Standards .......................................................................................................................... 51 Reasonable Accommodation .............................................................................................................................. 52 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517] .................................................................................... 52 Overview ............................................................................................................................................................. 52 Reasonable Accommodation .............................................................................................................................. 52 3.I.c Packet Pg. 352 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Utility Allowance Revisions ................................................................................................................................. 53 6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] .................................................................... 53 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS ........................................................................................................ 54 EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS ........................................................................................................ 57 EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS ...................................................................................................... 59 EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES .............................................. 60 EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION ................................................................................ 62 EXHIBIT 6-6: SAVINGS NATIONAL RATE ................................................................................................................ 65 CHAPTER 7 : VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, NOTICE PIH 2017- 12] .......................................................................................................................................... 7-1 PART I: GENERAL VERIFICATION REQUIREMENTS ............................................................................................... 7-2 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230] ............. 7-2 Consent Forms .................................................................................................................................................. 7-2 Penalties for Failing to Consent [24 CFR 5.232] ................................................................................................ 7-2 7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS ............................................................................................ 7-2 HUD’s Verification Hierarchy [Notice PIH 2017-12] .......................................................................................... 7-2 Requirements for Acceptable Documents ........................................................................................................ 7-3 File Documentation........................................................................................................................................... 7-3 7-I.C. UP-FRONT INCOME VERIFICATION (UIV) ..................................................................................................... 7-4 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) ............ 7-4 Upfront Income Verification Using Non-HUD Systems ..................................................................................... 7-5 7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION ...................................................................................... 7-6 Written Third-Party Verification [Notice PIH 2017-12] ..................................................................................... 7-6 Written Third-Party Verification Form .............................................................................................................. 7-7 Oral Third-Party Verification [Notice PIH 2017-12] .......................................................................................... 7-7 When Third-Party Verification is Not Required [Notice PIH 2017-12] .............................................................. 7-8 7-I.E. SELF-CERTIFICATION..................................................................................................................................... 7-9 Part II: Verifying FAMILY INFORMATION ........................................................................................................... 7-10 7-II.A. VERIFICATION OF LEGAL IDENTITY............................................................................................................ 7-10 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10] ............................................................ 7-10 7-II.C. DOCUMENTATION OF AGE ....................................................................................................................... 7-14 7-II.D. FAMILY RELATIONSHIPS ............................................................................................................................ 7-14 Marriage.......................................................................................................................................................... 7-14 Separation or Divorce ..................................................................................................................................... 7-15 Absence of Adult Member .............................................................................................................................. 7-15 Foster Children and Foster Adults .................................................................................................................. 7-15 7-II.E. VERIFICATION OF STUDENT STATUS ......................................................................................................... 7-15 Restrictions on Assistance to Students Enrolled in Institutions of Higher Education ..................................... 7-16 7-II.F. DOCUMENTATION OF DISABILITY ............................................................................................................. 7-17 Family Members Receiving SSA Disability Benefits ........................................................................................ 7-18 3.I.c Packet Pg. 353 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Family Members Not Receiving SSA Disability Benefits .................................................................................. 7-18 7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] ........................................................... 7-19 Overview ......................................................................................................................................................... 7-19 U.S. Citizens and Nationals ............................................................................................................................. 7-19 Eligible Immigrants ......................................................................................................................................... 7-20 7-II.H. VERIFICATION OF PREFERENCE STATUS ................................................................................................... 7-20 PART III: Verifying Income AND ASSETS ............................................................................................................ 7-22 7-III.A. EARNED INCOME ..................................................................................................................................... 7-22 Wages ............................................................................................................................................................. 7-22 Tips .................................................................................................................................................................. 7-22 7-III.B. BUSINESS AND SELF-EMPLOYMENT INCOME .......................................................................................... 7-22 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS ................................................................. 7-23 Social Security/SSI Benefits ............................................................................................................................. 7-23 7-III.D. ALIMONY OR CHILD SUPPORT ................................................................................................................. 7-24 7-III.E. ASSETS AND INCOME FROM ASSETS ........................................................................................................ 7-25 Assets Disposed of for Less than Fair Market Value ....................................................................................... 7-25 7-III.F. NET INCOME FROM RENTAL PROPERTY ................................................................................................... 7-25 7-III.G. RETIREMENT ACCOUNTS ......................................................................................................................... 7-26 7-III.H. INCOME FROM EXCLUDED SOURCES ...................................................................................................... 7-26 7-III.I. ZERO ANNUAL INCOME STATUS ............................................................................................................... 7-27 7-III.J. STUDENT FINANCIAL ASSISTANCE [Notice PIH 2015-21] .......................................................................... 7-27 7-III.K. parental income of students subject to eligibility restrictions ................................................................. 7-28 PART IV: Verifying MANDATORY DEDUCTIONS ................................................................................................. 7-29 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS ......................................................... 7-29 Dependent Deduction ..................................................................................................................................... 7-29 Elderly/Disabled Family Deduction ................................................................................................................. 7-29 7-IV.B. MEDICAL EXPENSE DEDUCTION .............................................................................................................. 7-29 Amount of Expense ......................................................................................................................................... 7-29 Eligible Household .......................................................................................................................................... 7-30 Qualified Expenses .......................................................................................................................................... 7-30 Unreimbursed Expenses ................................................................................................................................. 7-30 Expenses Incurred in Past Years...................................................................................................................... 7-30 7-IV.C. DISABILITY ASSISTANCE EXPENSES .......................................................................................................... 7-31 Amount of Expense ......................................................................................................................................... 7-31 Family Member is a Person with Disabilities .................................................................................................. 7-32 Family Member(s) Permitted to Work ............................................................................................................ 7-32 Unreimbursed Expenses ................................................................................................................................. 7-32 7-IV.D. CHILD CARE EXPENSES ............................................................................................................................. 7-33 Eligible Child .................................................................................................................................................... 7-33 Unreimbursed Expense ................................................................................................................................... 7-33 Pursuing an Eligible Activity ............................................................................................................................ 7-33 Allowable Type of Child Care .......................................................................................................................... 7-34 Reasonableness of Expenses .......................................................................................................................... 7-35 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10] .. 7- 36 3.I.c Packet Pg. 354 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public CHAPTER 8 : HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 SUBPART I AND 24 CFR 982.507] .......................................................................... 8-1 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 ........................................................................................................... 8-3 Thermal Environment [HCV GB p.10-7] ............................................................................................................ 8-3 Clarifications of HUD Requirements ................................................................................................................. 8-4 Regulation of Smoking ...................................................................................................................................... 8-5 8-I.C. LIFE-THREATENING CONDITIONS [24 CFR 982.404(a); FR Notice 1/18/17] ................................................. 8-5 8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] ......................................................................... 8-7 Family Responsibilities ...................................................................................................................................... 8-7 Owner Responsibilities ..................................................................................................................................... 8-8 8-I.E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL [24 CFR 35.1225; FR Notice 1/13/17; Notice PIH 2017-13] ............................................................................................................................... 8-8 8-I.F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.401, 24 CFR 982.403] ............................................... 8-9 8-I.G. BED BUG INFESTATION [Notice PIH 2012-5] ............................................................................................... 8-9 Landlord Roles and Responsibilities ............................................................................................................ 8-10 Tenant Roles and Responsibilities .................................................................................................................. 8-10 PART II: THE INSPECTION PROCESS ................................................................................................................... 8-12 8-II.A. OVERVIEW [24 CFR 982.405] .................................................................................................................... 8-12 Types of Inspections ....................................................................................................................................... 8-12 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ..................................................................................... 8-12 Inspection Costs [Notice PIH 2016-05] ........................................................................................................... 8-12 Remote Video Inspections (RVIs) [Notice PIH 2020-31] ................................................................................. 8-13 Notice and Scheduling .................................................................................................................................... 8-13 Owner and Family Inspection Attendance ...................................................................................................... 8-14 8-II.B. INITIAL HQS INSPECTION [24 CFR 982.401(a)] .......................................................................................... 8-14 Initial Inspections [FR Notice 1/18/17] ........................................................................................................... 8-14 Timing of Initial Inspections ............................................................................................................................ 8-14 Inspection Results and Reinspections ............................................................................................................. 8-15 Utilities ............................................................................................................................................................ 8-15 Appliances [Form HUD-52580] ....................................................................................................................... 8-15 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CRF 982.405; and 982.406; Notice PIH 2016-05] .................. 8-16 Scheduling the Inspection ............................................................................................................................... 8-16 8-II.D. SPECIAL INSPECTIONS [24 CFR 982.405(g)] .............................................................................................. 8-16 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32] .................... 8-17 8-II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER CONTRACT ............................................ 8-17 Notification of Corrective Actions ................................................................................................................... 8-17 Extensions ....................................................................................................................................................... 8-18 Reinspections .................................................................................................................................................. 8-18 Verifying HQS Deficiencies Remotely ............................................................................................................. 8-19 Housekeeping Issues ....................................................................................................................................... 8-19 8-II.G. ENFORCING OWNER COMPLIANCE .......................................................................................................... 8-19 HAP Abatement .............................................................................................................................................. 8-20 3.I.c Packet Pg. 355 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public HAP Contract Termination .............................................................................................................................. 8-20 8-II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)]......................................................... 8-21 PART III: RENT REASONABLENESS [24 CFR 982.507] .......................................................................................... 8-22 8-III.A. OVERVIEW ............................................................................................................................................... 8-22 PHA-Owned Units [24 CFR 982.352(b)] .......................................................................................................... 8-22 8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED ....................................................... 8-22 Annual Rent Increases .................................................................................................................................... 8-22 PHA- and HUD-Initiated Rent Reasonableness Determinations ..................................................................... 8-23 8-III.C. HOW COMPARABILITY IS ESTABLISHED ................................................................................................... 8-23 Factors to Consider ......................................................................................................................................... 8-23 Units that Must Not be Used as Comparables ................................................................................................ 8-24 Rents Charged for Other Units on the Premises ............................................................................................. 8-24 8-III.D. PHA RENT REASONABLENESS METHODOLOGY ....................................................................................... 8-24 How Market Data Is Collected ........................................................................................................................ 8-24 How Rents Are Determined ............................................................................................................................ 8-25 EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS .................................................................... 8-26 EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY .............................. 8-29 CHAPTER 9 : GENERAL LEASING POLICIES ................................................................................ 9-1 9-I.A. TENANT SCREENING .................................................................................................................................... 9-1 9-I.B. REQUESTING TENANCY APPROVAL [Form HUD-52517] .............................................................................. 9-2 9-I.C. OWNER PARTICIPATION ............................................................................................................................... 9-4 9-I.D. ELIGIBLE UNITS ............................................................................................................................................ 9-4 Ineligible Units [24 CFR 982.352(a)] .................................................................................................................. 9-4 PHA-Owned Units [24 CFR 982.352(b)] ............................................................................................................ 9-4 Assisted Living Facilities [Notice PIH 2012-40 (HA)].......................................................................................... 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 .............................................................................................................. 9-7 Lease Form and Tenancy Addendum [24 CFR 982.308] ................................................................................... 9-8 Lease Information [24 CFR 982.308(d)] ............................................................................................................ 9-8 Term of Assisted Tenancy ................................................................................................................................. 9-8 Security Deposit [24 CFR 982.313 (a) and (b)] .................................................................................................. 9-9 Separate Non-Lease Agreements between Owner and Tenant ....................................................................... 9-9 PHA Review of Lease ....................................................................................................................................... 9-10 9-I.F. TENANCY APPROVAL [24 CFR 982.305] ...................................................................................................... 9-11 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.305].......................................................................................... 9-12 9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308] ......................................................................................... 9-14 CHAPTER 10 : MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY ............................ 10-1 3.I.c Packet Pg. 356 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PART I: MOVING WITH CONTINUED ASSISTANCE ............................................................................................. 10-2 10-I.A. ALLOWABLE MOVES ................................................................................................................................ 10-2 10-I.B. RESTRICTIONS ON MOVES ....................................................................................................................... 10-3 Denial of Moves .............................................................................................................................................. 10-3 Restrictions on Elective Moves [24 CFR 982.354(c)] ....................................................................................... 10-5 10-I.C. MOVING PROCESS .................................................................................................................................... 10-6 Notification ..................................................................................................................................................... 10-6 Approval .......................................................................................................................................................... 10-6 Reexamination of Family Income and Composition ....................................................................................... 10-7 Voucher Issuance and Briefing ........................................................................................................................ 10-7 Housing Assistance Payments [24 CFR 982.311(d)] ........................................................................................ 10-7 PART II: PORTABILITY ........................................................................................................................................ 10-9 10-II.A. OVERVIEW .............................................................................................................................................. 10-9 10-II.B. INITIAL PHA ROLE .................................................................................................................................. 10-10 Allowable Moves under Portability............................................................................................................... 10-10 Determining Income Eligibility ...................................................................................................................... 10-11 Reexamination of Family Income and Composition ..................................................................................... 10-12 Briefing .......................................................................................................................................................... 10-12 Voucher Issuance and Term .......................................................................................................................... 10-13 Voucher Extensions and Expiration .............................................................................................................. 10-13 Preapproval Contact with the Receiving PHA ............................................................................................... 10-14 Initial Notification to the Receiving PHA ....................................................................................................... 10-14 Sending Documentation to the Receiving PHA ............................................................................................. 10-14 Initial Billing Deadline [Notice PIH2016-09] .................................................................................................. 10-15 Monthly Billing Payments [24 CFR 982.355(e), Notice PIH2016-09] ............................................................ 10-16 Annual Updates of Form HUD-50058 ........................................................................................................... 10-16 Denial or Termination of Assistance [24 CFR 982.355(c)(17)] ...................................................................... 10-17 10-II.C. RECEIVING PHA ROLE ............................................................................................................................ 10-17 Responding to Initial PHA’s Request [24 CFR 982.355(c)] ............................................................................ 10-17 Initial Contact with Family ............................................................................................................................ 10-17 Briefing .......................................................................................................................................................... 10-18 Income Eligibility and Reexamination ........................................................................................................... 10-18 Voucher Issuance .......................................................................................................................................... 10-19 Notifying the Initial PHA................................................................................................................................ 10-21 Administering a Portable Family’s Voucher .................................................................................................. 10-21 Absorbing a Portable Family ......................................................................................................................... 10-24 CHAPTER 11 : REEXAMINATIONS ........................................................................................... 11-1 PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ...................................................................................... 11-2 11-I.A. OVERVIEW ............................................................................................................................................... 11-2 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 ........................................................ 11-4 11-I.D. CONDUCTING ANNUAL REEXAMINATIONS ............................................................................................. 11-4 Criminal Background Checks ........................................................................................................................... 11-6 11-I.E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552(b)(5)] ........................... 11-6 3.I.c Packet Pg. 357 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 FAMILY 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 ...................................................................................... 11-11 PHA-Initiated Interim Reexaminations ......................................................................................................... 11-12 Family-Initiated Interim Reexaminations ...................................................................................................... 11-12 11-II.D. PROCESSING THE INTERIM REEXAMINATION ....................................................................................... 11-14 Method of Reporting .................................................................................................................................... 11-14 Effective Dates .............................................................................................................................................. 11-14 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT ................................................................. 11-16 11-III.A. OVERVIEW ........................................................................................................................................... 11-16 11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES ....................................................... 11-16 Payment Standards [24 CFR 982.505] ........................................................................................................... 11-16 Subsidy Standards [24 CFR 982.505(c)(4)] .................................................................................................... 11-17 Utility Allowances [24 CFR 982.517(d)] ......................................................................................................... 11-17 11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT ............................................................... 11-17 11-III.D. DISCREPANCIES .................................................................................................................................... 11-18 CHAPTER 12 : TERMINATION OF ASSISTANCE AND TENANCY ................................................. 12-1 PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ..................................................................................... 12-2 12-I.A. OVERVIEW ............................................................................................................................................... 12-2 12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455] ............................................................... 12-2 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), Pub.L. 109-162] ............................................................................................ 12-3 Failure to Provide Consent [24 CFR 982.552(b)(3)] ........................................................................................ 12-4 Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)] ............................................. 12-4 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012-10] ............. 12-4 Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)] .................................................. 12-5 Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]........ 12-5 Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-9] ............................................ 12-6 Lifetime Sex Offenders [24 CFR 5.856, 960.204(a)(4) and 982.553(a)(2)] ...................................................... 12-6 12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS ........................................................ 12-6 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] ................................................................................ 12-6 Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] ................ 12-8 PART II: APPROACH TO TERMINATION OF ASSISTANCE .................................................................................. 12-11 12-II.A. OVERVIEW ............................................................................................................................................ 12-11 12-II.B. METHOD OF TERMINATION [24 CFR 982.552(a)(3)] ............................................................................. 12-11 12-II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE ............................................................................... 12-11 Change in Household Composition ............................................................................................................... 12-11 Repayment of Family Debts .......................................................................................................................... 12-11 3.I.c Packet Pg. 358 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE ......................................................................... 12-12 Evidence ........................................................................................................................................................ 12-12 Use of Criminal Conviction Records after Admission [24 CFR 5.903] ........................................................... 12-12 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] ........................................................................... 12-13 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] .............................................................................. 12-14 Limited English Proficiency ........................................................................................................................... 12-14 12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING ........................................................................................................................................................................... 12-14 VAWA Protections against Termination ....................................................................................................... 12-15 Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)] ...................................................................... 12-15 Documentation of Abuse [24 CFR 5.2007] .................................................................................................... 12-17 Terminating the Assistance of a Domestic Violence Perpetrator ................................................................. 12-17 12-II.F. TERMINATION NOTICE .......................................................................................................................... 12-18 PART III: TERMINATION OF TENANCY BY THE OWNER .................................................................................... 12-20 12-III.A. OVERVIEW ........................................................................................................................................... 12-20 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] .......................................................................................................................... 12-20 Serious or Repeated Lease Violations ........................................................................................................... 12-20 Violation of Federal, State, or Local Law....................................................................................................... 12-20 Criminal Activity or Alcohol Abuse ................................................................................................................ 12-20 Other Good Cause ......................................................................................................................................... 12-21 12-III.C. EVICTION [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] ........................ 12-22 12-III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(h), 24 CFR 982.310(h)(4)] ............. 12-23 12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY’S ASSISTANCE .................................................. 12-24 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS ..................................................................................... 12-25 CHAPTER 13 : OWNERS ......................................................................................................... 13-1 PART I. OWNERS IN THE PROGRAM .................................................................................................................. 13-2 13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs] ................................................................................................................................................................... 13-2 Recruitment .................................................................................................................................................... 13-2 Retention ........................................................................................................................................................ 13-3 13-I.B. BASIC HCV PROGRAM REQUIREMENTS ................................................................................................... 13-3 13-I.C. OWNER RESPONSIBILITIES [24 CFR 982.452] ........................................................................................... 13-5 13-I.D. OWNER QUALIFICATIONS ........................................................................................................................ 13-6 Owners Barred from Participation [24 CFR 982.306(a) and (b)] ..................................................................... 13-6 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ............................................................................. 13-6 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] ................................................................................... 13-6 Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)] .......................... 13-8 Legal Ownership of Unit.................................................................................................................................. 13-9 13-I.E. NON-DISCRIMINATION [HAP Contract – Form HUD-52641] .................................................................... 13-9 PART II. HAP CONTRACTS ................................................................................................................................ 13-10 13-II.A. OVERVIEW ............................................................................................................................................ 13-10 13-II.B. HAP CONTRACT CONTENTS .................................................................................................................. 13-10 13-II.C. HAP CONTRACT PAYMENTS .................................................................................................................. 13-12 3.I.c Packet Pg. 359 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public General.......................................................................................................................................................... 13-12 Owner Certification of Compliance ............................................................................................................... 13-13 Late HAP Payments [24 CFR 982.451(a)(5)] .................................................................................................. 13-13 Termination of HAP Payments [24 CFR 982.311(b)] ..................................................................................... 13-13 13-II.D. BREACH OF CONTRACT [24 CFR 982.453] ............................................................................................. 13-14 13-II.E. HAP CONTRACT TERM AND TERMINATIONS ........................................................................................ 13-15 13-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD-52641] ................................. 13-16 13-II.G. FORECLOSURE [Notice PIH 2010-49] .................................................................................................... 13-17 CHAPTER 14 : PROGRAM INTEGRITY ...................................................................................... 14-1 PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ............................... 14-2 14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE ......................................................................................... 14-2 14-I.B. DETECTING ERRORS AND PROGRAM ABUSE ........................................................................................... 14-3 Quality Control and Analysis of Data .............................................................................................................. 14-3 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 .................................................................................... 14-4 When the PHA Will Investigate ....................................................................................................................... 14-4 Consent to Release of Information [24 CFR 982.516] ..................................................................................... 14-5 Analysis and Findings ...................................................................................................................................... 14-5 Consideration of Remedies ............................................................................................................................. 14-5 Notice and Appeals ......................................................................................................................................... 14-6 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................................................................ 14-7 14-II.A. SUBSIDY UNDER- OR OVERPAYMENTS ................................................................................................... 14-7 Corrections ...................................................................................................................................................... 14-7 Reimbursement .............................................................................................................................................. 14-7 14-II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE .................................................................................. 14-7 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 .......................................................................................................................................... 14-8 Penalties for Program Abuse .......................................................................................................................... 14-9 14-II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE ...................................................................................... 14-9 Owner Reimbursement to the PHA ................................................................................................................ 14-9 Prohibited Owner Actions ............................................................................................................................. 14-10 Remedies and Penalties ................................................................................................................................ 14-10 14-II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE ........................................................................................ 14-11 Repayment to the PHA ................................................................................................................................. 14-11 PHA Reimbursement to Family or Owner ..................................................................................................... 14-11 Prohibited Activities ...................................................................................................................................... 14-11 14-II.E. CRIMINAL PROSECUTION ...................................................................................................................... 14-12 14-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES ......................................................................................... 14-12 CHAPTER 15 : SPECIAL HOUSING TYPES [24 CFR 982 SUBPART M] ......................................... 15-1 PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] ............................................................ 15-2 15-I.A. OVERVIEW ............................................................................................................................................... 15-2 3.I.c Packet Pg. 360 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 15-I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION .................................................. 15-2 15-I.C. HOUSING QUALITY STANDARDS (HQS) .................................................................................................... 15-2 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609] ......................................................................................................................................................................... 15-4 15-II.A. OVERVIEW .............................................................................................................................................. 15-4 15-II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION ................................................. 15-4 15-II.C. HOUSING QUALITY STANDARDS ............................................................................................................. 15-4 PART III: GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] ........................................................................................................................................... 15-5 15-III.A. OVERVIEW ............................................................................................................................................. 15-5 15-III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION ................................................ 15-5 15-III.C. HOUSING QUALITY STANDARDS ............................................................................................................ 15-6 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618] ......................................................................................................................................................................... 15-7 15-IV.A. OVERVIEW ............................................................................................................................................. 15-7 15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION ................................................. 15-7 15-IV.C. HOUSING QUALITY STANDARDS ............................................................................................................ 15-8 PART V: COOPERATIVE HOUSING [24 CFR 982.619] ................. 15-9 15-V.A. OVERVIEW .............................................................................................................................................. 15-9 15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION .................................................. 15-9 15-V.C. HOUSING QUALITY STANDARDS ............................................................................................................. 15-9 PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17] ........................................................................................................................... 15-10 15-VI.A. OVERVIEW ........................................................................................................................................... 15-10 15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOMEOWNERS WHO LEASE A SPACE ................................ 15-10 Family Income ............................................................................................................................................... 15-10 Lease and HAP Contract ................................................................................................................................ 15-10 15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION [FR Notice 1/18/17] .............. 15-10 Payment Standards ....................................................................................................................................... 15-10 Utility Allowance ........................................................................................................................................... 15-11 Space Rent .................................................................................................................................................... 15-11 Amortization Costs ........................................................................................................................................ 15-11 Housing Assistance Payment ........................................................................................................................ 15-12 Rent Reasonableness .................................................................................................................................... 15-12 15-VI.D. HOUSING QUALITY STANDARDS .......................................................................................................... 15-12 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ....................................................................................................................................................................... 15-13 15-VII.A. OVERVIEW [24 CFR 982.625] .............................................................................................................. 15-13 15-VII.B. FAMILY ELIGIBILITY [24 CFR 982.627] ................................................................................................. 15-13 15-VII.C. SELECTION OF FAMILIES [24 CFR 982.626] ......................................................................................... 15-14 15-VII.D. ELIGIBLE UNITS [24 CFR 982.628] ....................................................................................................... 15-15 15-VII.E. ADDITIONAL PHA REQUIREMENTS FOR SEARCH AND PURCHASE [24 CFR 982.629] ......................... 15-16 15-VII.F. HOMEOWNERSHIP COUNSELING [24 CFR 982.630] ........................................................................... 15-16 3.I.c Packet Pg. 361 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 15-VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL OF SELLER [24 CFR 982.631] ... 15-17 Home Inspections ......................................................................................................................................... 15-17 Contract of Sale ............................................................................................................................................. 15-17 Disapproval of a Seller .................................................................................................................................. 15-18 15-VII.H. FINANCING [24 CFR 982.632] ............................................................................................................. 15-18 15-VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24 CFR 982.633]......................... 15-18 15-VII.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR 982.634] .................................................. 15-19 15-VII.K. HOMEOWNERSHIP ASSISTANCE PAYMENTS AND HOMEOWNERSHIP EXPENSES [24 CFR 982.635] . 15-19 15-VII.L. PORTABILITY [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................... 15-21 15-VII.M. MOVING WITH CONTINUED ASSISTANCE [24 CFR 982.637] ............................................................. 15-21 15-VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR 982.638] ............................................................ 15-22 CHAPTER 16 : PROGRAM ADMINISTRATION .......................................................................... 16-1 PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................................................................. 16-2 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................................................................. 16-3 16-II.A. OVERVIEW .............................................................................................................................................. 16-3 16-II.B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 7] ............................................................... 16-3 Updating Payment Standards ......................................................................................................................... 16-4 Exception Payment Standards [982.503(c)(5), Notice PIH 2018-01] .............................................................. 16-5 Unit-by-Unit Exceptions [24 CFR 982.503(b), 24 CFR 982.505(d), Notice PIH 2010-26] ................................. 16-6 "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)] .................................................................. 16-7 Decreases in the Payment Standard below the Basic Range [24 CFR 982.503(d)] ......................................... 16-7 16-II.C. UTILITY ALLOWANCES [24 CFR 982.517] ................................................................................................. 16-7 Air Conditioning .............................................................................................................................................. 16-8 Reasonable Accommodation .......................................................................................................................... 16-8 Utility Allowance Revisions ............................................................................................................................. 16-8 PART III: INFORMAL REVIEWS AND HEARINGS ................................................................................................ 16-10 16-III.A. OVERVIEW ........................................................................................................................................... 16-10 16-III.B. INFORMAL REVIEWS ............................................................................................................................ 16-10 Decisions Subject to Informal Review [24 CFR 982.554(a) and (c)] .............................................................. 16-10 Notice to the Applicant [24 CFR 982.554(a)] ................................................................................................ 16-11 Scheduling an Informal Review ..................................................................................................................... 16-11 Informal Review Procedures [24 CFR 982.554(b)] ........................................................................................ 16-12 Remote Informal Reviews [Notice PIH 2020-32] .......................................................................................... 16-12 Ensuring Accessibility for Persons with Disabilities and LEP Individuals ....................................................... 16-12 Conducting Remote Informal Reviews .......................................................................................................... 16-13 Informal Review Decision [24 CFR 982.554(b)] ............................................................................................. 16-14 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] .............................................................. 16-15 Decisions Subject to Informal Hearing .......................................................................................................... 16-15 Remote Informal Hearings [Notice PIH 2020-32] ......................................................................................... 16-16 Ensuring Accessibility for Persons with Disabilities and LEP Individuals ....................................................... 16-17 Conducting Informal Hearings Remotely ...................................................................................................... 16-18 Informal Hearing Procedures ........................................................................................................................ 16-19 16-III.D. HEARING AND APPEAL PROVISIONS FOR NON-CITIZENS [24 CFR 5.514] ............................................ 16-26 Notice of Denial or Termination of Assistance [24 CFR 5.514(d)] ................................................................. 16-27 3.I.c Packet Pg. 362 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public USCIS Appeal Process [24 CFR 5.514(e)] ....................................................................................................... 16-27 Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] ..................................................................... 16-28 Informal Hearing Procedures for Residents [24 CFR 5.514(f)] ...................................................................... 16-29 Retention of Documents [24 CFR 5.514(h)] .................................................................................................. 16-30 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ........................................................................................... 16-31 16-IV.A. OVERVIEW ........................................................................................................................................... 16-31 16-IV.B. REPAYMENT POLICY............................................................................................................................. 16-31 Owner Debts to the PHA ............................................................................................................................... 16-31 Family Debts to the PHA ............................................................................................................................... 16-32 Repayment Agreement [24 CFR 792.103]..................................................................................................... 16-32 General Repayment Agreement Guidelines for Families .............................................................................. 16-33 PART V : SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......................................................... 16-36 16-V.A. OVERVIEW ............................................................................................................................................ 16-36 16-V.B. SEMAP CERTIFICATION [24 CFR 985.101] ............................................................................................. 16-36 HUD Verification Method ............................................................................................................................. 16-37 16-V.C. SEMAP INDICATORS [24 CFR 985.3 and form HUD-52648] .................................................................. 16-37 PART VI: RECORD KEEPING ............................................................................................................................. 16-42 16-VI.A. OVERVIEW ........................................................................................................................................... 16-42 16-VI.B. RECORD RETENTION [24 CFR 982.158] ................................................................................................ 16-42 16-VI.C. RECORDS MANAGEMENT .................................................................................................................... 16-43 Privacy Act Requirements [24 CFR 5.212 and Form-9886] ........................................................................... 16-43 Upfront Income Verification (UIV) Records .................................................................................................. 16-43 Criminal Records ........................................................................................................................................... 16-44 Medical/Disability Records ........................................................................................................................... 16-44 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL ............... 16-45 16-VII.A. OVERVIEW .......................................................................................................................................... 16-45 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e); Notice PIH 2017-13] .............................................. 16-45 16-VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(f)] ......................................................... 16-45 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ................................................................................ 16-47 16-VIII.A. OVERVIEW ......................................................................................................................................... 16-47 16-VIII.B. METHODOLOGY ................................................................................................................................. 16-47 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA) ....................................................................................... 16-48 NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY ................................................................................... 16-48 16-IX.A. OVERVIEW ........................................................................................................................................... 16-48 16-IX.B. DEFINITIONS [24 CFR 5.2003, 42 USC 13925] ...................................................................................... 16-48 16-IX.C. NOTIFICATION [24 CFR 5.2005(a)] ....................................................................................................... 16-49 Notification to Public .................................................................................................................................... 16-49 Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] ................................................ 16-50 Notification to Owners and Managers .......................................................................................................... 16-51 16-IX.D. DOCUMENTATION [42 U.S.C. § 14043e-11(c)(3); 24 CFR 5.2007] ....................................................... 16-51 Conflicting Documentation [24 CFR 5.2007(e)] ............................................................................................ 16-52 Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] ......................................................... 16-53 3.I.c Packet Pg. 363 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Failure to Provide Documentation [24 CFR 5.2007(c)] ................................................................................. 16-53 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] ............................................................................................. 16-53 EXHIBIT 16-1: Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 ............ 16-54 EXHIBIT 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382 ................................................................................................................... 16-59 EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, or STALKING (HCV VERSION) .......................................................................................................... 16-62 EXHIBIT 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5383 .................................................................................................................... 68 CHAPTER 17 : PROJECT-BASED VOUCHERS ............................................................................ 17-1 PART I: GENERAL REQUIREMENTS .................................................................................................................... 17-2 17-I.A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21] ....................................................... 17-2 Additional Project-Based Units [FR Notice 1/18/17; Notice PIH 2017-21] ..................................................... 17-2 Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] ......................................................... 17-3 17-I.B. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE [24 CFR 983.2].......................................... 17-3 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7] ......................................................................................... 17-3 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 Units Selected Non-Competitively [FR Notice 1/18/17; Notice PIH 2017-21; 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, FR Notice 1/18/17, and Notice PIH 2017-21] ........................ 17-9 PHA Notice of Owner Selection [24 CFR 983.51(d)]...................................................................................... 17-10 17-II.C. HOUSING TYPE [24 CFR 983.52] ............................................................................................................ 17-11 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, Notice PIH 2013-11, and FR Notice 2/28/20] ... 17-12 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT .............................................................................. 17-12 25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice PIH 2017-21] ......................... 17-12 Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] ................................... 17-13 Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] .......................................... 17-13 Promoting Partially Assisted Buildings [24 CFR 983.56(c)] ........................................................................... 17-14 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 PART III: DWELLING UNITS .............................................................................................................................. 17-17 17-III.A. OVERVIEW ........................................................................................................................................... 17-17 3.I.c Packet Pg. 364 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 ............................................................................................................................... 17-17 Pre-selection Inspection [24 CFR 983.103(a)] ............................................................................................... 17-17 Pre-HAP Contract Inspections [24 CFR 983.103(b), FR Notice 1/18/17, and Notice PIH 2017-20] ............... 17-18 Turnover Inspections [24 CFR 983.103(c)] .................................................................................................... 17-18 Annual Inspections [24 CFR 983.103(d)] ....................................................................................................... 17-18 Other Inspections [24 CFR 983.103(e)] ......................................................................................................... 17-18 Inspecting PHA-Owned Units [24 CFR 983.103(f)] ........................................................................................ 17-19 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................................................................... 17-20 17-IV.A. OVERVIEW [24 CFR 983.151] ............................................................................................................... 17-20 17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT .................................................................................... 17-20 Content of the Agreement [24 CFR 983.152(c)] ........................................................................................... 17-20 Execution of the Agreement [24 CFR 983.153] ............................................................................................. 17-21 17-IV.C. CONDUCT OF DEVELOPMENT WORK .................................................................................................. 17-21 Labor Standards [24 CFR 983.154(b)] ........................................................................................................... 17-21 Owner Disclosure [24 CFR 983.154(d) and (e)] ............................................................................................. 17-21 17-IV.D. COMPLETION OF HOUSING ................................................................................................................. 17-22 Evidence of Completion [24 CFR 983.155(b)] ............................................................................................... 17-22 PHA Acceptance of Completed Units [24 CFR 983.156] ............................................................................... 17-22 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................................................................ 17-23 17-V.A. OVERVIEW ............................................................................................................................................ 17-23 17-V.B. HAP CONTRACT REQUIREMENTS .......................................................................................................... 17-23 Contract Information [24 CFR 983.203] ........................................................................................................ 17-23 Execution of the HAP Contract [24 CFR 983.204] ......................................................................................... 17-23 Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice of PIH 2017-21] ........................... 17-24 Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice of PIH 2017-21] .................................................................................................................................. 17-25 Remedies for HQS Violations [24 CFR 983.207(b)] ....................................................................................... 17-25 17-V.C. AMENDMENTS TO THE HAP CONTRACT ............................................................................................... 17-26 Substitution of Contract Units [24 CFR 983.206(a)] ...................................................................................... 17-26 Addition of Contract Units [FR Notice 1/18/17 and Notice of PIH 2017-21] ................................................ 17-26 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.206(c) and 983.302(e)] 17-27 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.209] .......................................... 17-27 17-V.F. ADDITIONAL HAP REQUIREMENTS ....................................................................................................... 17-28 Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.207(a)] ........................................ 17-28 Vacancy Payments [24 CFR 983.352(b)] ....................................................................................................... 17-28 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS .................................................................................. 17-29 17-VI.A. OVERVIEW ........................................................................................................................................... 17-29 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)] ........................................................... 17-29 In-Place Households [24 CFR 983.251(b)] ..................................................................................................... 17-29 17-VI.C. ORGANIZATION OF THE WAITLIST [24 CFR 983.251(c)] ....................................................................... 17-30 Applications to be Placed on PBV Waitlist(s) ................................................................................................ 17-30 Purging the PBV Waitlist(s) ........................................................................................................................... 17-30 Removal from the Waitlist(s) ........................................................................................................................ 17-30 3.I.c Packet Pg. 365 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Eligibility and Placement on the Waitlist(s) .................................................................................................. 17-30 Waitlist Applicants ........................................................................................................................................ 17-31 Selection Method .......................................................................................................................................... 17-31 Notification of Selection ............................................................................................................................... 17-32 17-VI.D. SELECTION FROM THE WAITLIST [24 CFR 983.251(c)]......................................................................... 17-33 Income Targeting [24 CFR 983.251(c)(6)] ..................................................................................................... 17-33 Units with Accessibility Features [24 CFR 983.251(c)(7)].............................................................................. 17-33 Preferences [24 CFR 983.251(d), FR Notice 11/24/08] ................................................................................. 17-33 17-VI.E. OFFER OF PBV ASSISTANCE .................................................................................................................. 17-34 Refusal of Offer [24 CFR 983.251(e)(3)] ........................................................................................................ 17-34 Disapproval by Landlord [24 CFR 983.251(e)(2)] .......................................................................................... 17-34 Acceptance of Offer [24 CFR 983.252] .......................................................................................................... 17-34 17-VI.F. OWNER SELECTION OF TENANTS ......................................................................................................... 17-35 Leasing [24 CFR 983.253(a)] .......................................................................................................................... 17-35 Filling Vacancies [24 CFR 983.254(a)] ........................................................................................................... 17-35 Reduction in Contract Units Due to Vacancies [24 CFR 983.254(b)] ............................................................ 17-35 17-VI.G. TENANT SCREENING [24 CFR 983.255] ................................................................................................ 17-36 PHA Responsibility ........................................................................................................................................ 17-36 Owner Responsibility .................................................................................................................................... 17-36 PART VII: OCCUPANCY .................................................................................................................................... 17-37 17-VII.A. OVERVIEW .......................................................................................................................................... 17-37 17-VII.B. LEASE [24 CFR 983.256] ...................................................................................................................... 17-37 Form of Lease [24 CFR 983.256(b)] ............................................................................................................... 17-37 Lease Requirements [24 CFR 983.256(c)] ..................................................................................................... 17-37 Tenancy Addendum [24 CFR 983.256(d)] ..................................................................................................... 17-38 Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)] ........................................................... 17-38 Changes in the Lease [24 CFR 983.256(e)] .................................................................................................... 17-38 Owner Termination of Tenancy [24 CFR 983.257] ........................................................................................ 17-38 Security Deposits [24 CFR 983.258] .............................................................................................................. 17-39 17-VII.C. MOVES ................................................................................................................................................ 17-39 Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.259] ..................................................... 17-39 Household Right to Move [24 CFR 983.260] ................................................................................................. 17-40 Emergency Transfers under VAWA [Notice PIH 2017-08] ............................................................................ 17-40 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262, FR Notice 1/18/17; Notice PIH 2017-21] .. 17-41 PART VIII: DETERMINING RENT TO OWNER .................................................................................................... 17-44 17-VIII.A. OVERVIEW ......................................................................................................................................... 17-44 17-VIII.B. RENT LIMITS [24 CFR 983.301] .......................................................................................................... 17-44 Certain Tax Credit Units [24 CFR 983.301(c), FR Notice 11/24/08] .............................................................. 17-44 Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)]........................... 17-45 Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)] ............................................................................... 17-46 Redetermination of Rent [24 CFR 983.302] .................................................................................................. 17-46 PHA-Owned Units [24 CFR 983.301(g)] ......................................................................................................... 17-47 17-VIII.C. REASONABLE RENT [24 CFR 983.303] ................................................................................................ 17-47 When Rent Reasonable Determinations Are Required ................................................................................ 17-47 How to Determine Reasonable Rent ............................................................................................................ 17-48 PHA-Owned Units ......................................................................................................................................... 17-48 Owner Certification of Reasonable Rent ...................................................................................................... 17-48 3.I.c Packet Pg. 366 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL ............................................................................. 17-48 Other Subsidy [24 CFR 983.304] ................................................................................................................... 17-48 Rent Control [24 CFR 983.305] ..................................................................................................................... 17-49 PART IX: PAYMENTS TO OWNER ..................................................................................................................... 17-50 17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351] .......................................................................... 17-50 17-IX.B. VACANCY PAYMENTS [24 CFR 983.352] .............................................................................................. 17-50 17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353] ....................................................................................... 17-51 Tenant and PHA Responsibilities .................................................................................................................. 17-51 Utility Reimbursements ................................................................................................................................ 17-52 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354] ..................................................................................... 17-52 Meals and Supportive Services ..................................................................................................................... 17-52 Other Charges by Owner .............................................................................................................................. 17-52 CHAPTER 18 : THE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN ................................ 18-1 CHAPTER 19 : CONTINUUM OF CARE (COC) ........................................................................... 19-1 CHAPTER 20 : HOME TENANT BASED RENTAL ASSISTANCE .................................................... 20-1 CHAPTER 21 : TEMPORARY POLICY SUPPLEMENT .................................................................. 21-1 CHAPTER 22 EMERGENCY HOUSING VOUCHERS (EHVS) ........................................................ 22-1 GLOSSARY ...............................................................................................................................GL- 1 3.I.c Packet Pg. 367 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public INTRO I INTRODUCTION: ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN AUTHORITIES FOR POLICIES IN THE MODEL ADMINISTRATIVE PLAN The authority for PHA policies is derived from many sources. Primary among these sources are federal statues, federal regulations 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, expired 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. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHA’s. 3.I.c Packet Pg. 368 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public INTRO II RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN The model administrative plan 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 administrative plan 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 administrative plan and a list of references and document locations that are referenced in the model administrative plan or that may be helpful to you. Abbreviations Throughout the model administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the model administrative plan. Abbreviation Document 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 Find Them Following is a list of resources helpful to the PHA or referenced in the model administrative plan, and the online location of each. Document and Location Code of Federal Regulations https://www.ecfr.gov/ Earned Income Disregard FAQ https://www.hud.gov/program_offices/public_indian_housing/phr/about/ao_faq_eid 3.I.c Packet Pg. 369 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public INTRO III 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 https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF Executive Order 11063 https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register https://www.federalregister.gov/ Housing Choice Voucher Program Guidebook (7420.10G) Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook 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 https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.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 https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System 3.I.c Packet Pg. 370 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public INTRO IV https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.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 OMB Circular A-133 https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A133/a133.pdf Project-Based Voucher Program; Final Rule http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05- 20035.pdf VAWA Final Rule http://www.gpo.gov/fdsys/pkg/FR-2010-10-27/pdf/2010-26914.pdf The HUD website is http://portal.hud.gov/hudportal/HUD. Guidebooks, handbooks and other HUD resources may be found at the HUDClips website: http://portal.hud.gov/hudportal/HUDsrc=/program_offices/administration/hudclips. 3.I.c Packet Pg. 371 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-1 CHAPTER 1 : OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION The PHA receives its funding for the Section 8 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 federal 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 contracts 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 PHA, its jurisdiction, its programs, and its mission and intent. Part II: The Section 8 HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships. Part III: The Section 8 HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements. 3.I.c Packet Pg. 372 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 The 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 Monica 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 corporation, 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 assuring 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. 1-I.C. PHA MISSION The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding 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 that of the Department of Housing & Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. 1-I.D. THE PHA’S PROGRAMS The following programs are included under this administrative plan: PHA Policy The PHA’s administrative plan is applicable to the operation of the Section 8 Housing Choice Voucher (HCV) program [including the Family Self Sufficiency (FSS) program], 3.I.c Packet Pg. 373 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-3 including project-based vouchers, the Continuum of Care (CoC) program, and the HOME voucher program. 1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE As a public service agency, the PHA is committed to providing excellent service to program participants, 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, and 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. 3.I.c Packet Pg. 374 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-4 PART II: THE SECTION 8 HOUSING CHOICE VOUCHER (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 programs since their inception, a brief history of the program 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 payments 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 standards 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 percent 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-owned 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 assistance, 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 more or less than 30 percent of their adjusted income for rent. 3.I.c Packet Pg. 375 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 Section 8 Housing Choice Voucher (HCV) program. The Section 8 HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the Section 8 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 Section 8 HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the Section 8 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, which 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 is 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. 3.I.c Packet Pg. 376 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-6 1-II.C. THE SECTION 8 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 are defined 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. 3.I.c Packet Pg. 377 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-7 The Relationships: Congress Appropriates Funding HUD Provides Funding To PHA PHA Administers Program Owner / Landlord Family (Program Participant) Voucher specifies Family Obligations Contract specifies Owner and PHA Obligations Lease specifies Tenant and Landlord Obligations HUD Program Regulations and documents specify PHA Obligations and Funding 3.I.c Packet Pg. 378 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-8 What Does HUD Do? HUD 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 Does the PHA Do? The PHA administers the programs under contract with HUD and has the following major responsibilities: • 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 and 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 reasonableness), 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; • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the Annual Contributions Contract, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws. 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 3.I.c Packet Pg. 379 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-9 reasonable accommodation, the request must be made in writing and must follow the guidelines and procedures detailed in Chapter 2 of this Plan. What Does the Owner Do? The owner has the following major responsibilities: • Screen families who 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 repairs in a timely manner; • Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease. What Does 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 reasonable 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 voucher; • Not commit serious violations of the lease; • Not engage in drug-related or violent criminal activity; 3.I.c Packet Pg. 380 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-10 • 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; • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs. 1-II.D. APPLICABLE REGULATIONS Applicable regulations include: • 24 CFR Part 5: General Program Requirements • 24 CFR Part 8: Nondiscrimination • 24 CFR Part 100: The Fair Housing Act • 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) 3.I.c Packet Pg. 381 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-11 PART III: THE SECTION 8 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 agency plan. This Administrative Plan is a supporting document to the PHA agency plan and is available for public review as required 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 Section 8 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 regulations 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 OF THE PLAN [24 CFR 982.54] The HUD regulations at 24 CFR 982.54 define the policies that 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); 3.I.c Packet Pg. 382 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-12 • 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 minority 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 hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards, including policies on administering decreases in the payment standard during the HAP contract term (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). 3.I.c Packet Pg. 383 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-13 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 PHAs 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 decisions. 1-III.C. ORGANIZATION OF THE PLAN The Plan is 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 as needed, to reflect changes in 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. 3.I.c Packet Pg. 384 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-1 CHAPTER 2 : FAIR HOUSING AND EQUAL OPPORTUNITY INTRODUCTION This chapter 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 laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing voucher operations. This chapter describes HUD regulations and PHA policies related to these topics in three parts: Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination. Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies 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 part details the obligations of the PHA 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 Register, and “Final Guidance to Federal 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. 3.I.c Packet Pg. 385 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-2 PART I: NONDISCRIMINATION 2-I.A. OVERVIEW Federal laws 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 status, disability, and status as a victim of domestic violence, dating violence, sexual 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 Orders 11063 and 13988 • 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, “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice,” 72 Fed. Reg. 2732 (Jan. 22, 2007). • Executive Order 13166 When more than one civil rights law applies to a situation, the laws will 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 apply. 3.I.c Packet Pg. 386 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-3 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 shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”). 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. The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988]. 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 rental 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 these factors to: • Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program • Provide housing that is different from that provided to others • Subject 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 3.I.c Packet Pg. 387 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-4 • 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 availability of housing that prefers or excludes persons who are members of a protected class. • 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 civil rights 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 an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. HUD requires the 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]. Upon receipt of a housing discrimination complaint, the PHA is required to: • Provide written notice of the complaint to those alleged and inform the complainant that such notice was made • Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted • Keep records of all complaints, investigations, notices, and corrective actions [Notice PIH 2014-20] 3.I.c Packet Pg. 388 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-5 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. The 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 recourse through the Fair Housing Division of the City Attorney’s Office. 3.I.c Packet Pg. 389 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-6 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 accommodation 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 disabilities 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 require 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 and 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 reasonable accommodation is an adjustment made to a rule, policy, 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 order 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. 3.I.c Packet Pg. 390 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-7 Types of Reasonable Accommodations When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include: • Permitting applications and reexaminations to be completed by mail or online • Conducting home visits • Using higher payment standards (either within the acceptable range or with HUD approval 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 the 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. Reasonable accommodation requests may be submitted to: • Housing specialist assigned to participant • Reasonable accommodation mailbox • ADA Coordinator 3.I.c Packet Pg. 391 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-8 Contact information is provided on the housing authority website. 2-II.D. VERIFICATION OF DISABILITY The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this 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 family 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 person with a disability, and that the limitations imposed by the disability require 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 verifying a disability: • Third-party verification must be obtained from an individual identified by the family who is competent 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 [Joint Statement of the Departments 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. • Medical 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 3.I.c Packet Pg. 392 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-9 address of the knowledgeable professional who sent the information [Notice PIH 2010-26]. 2-II.E. APPROVAL/DENIAL OF A REQUESTED 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 request for an accommodation if the following three conditions are met: • The request was made by or on behalf of a person with a disability. • There is a disability-related need for the accommodation. • The requested accommodation is reasonable, 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 be 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 accommodations 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. PHA Policy After a request for an accommodation is presented, the PHA will respond in writing, acknowledging receipt of the request, within a reasonable time not to exceed 10 business 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. Before the PHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the PHA’s decision through an informal review (if applicable) or informal hearing (see Chapter 16). 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 3.I.c Packet Pg. 393 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-10 fundamental 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 family 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. A flyer regarding the HUD/DFEH complaint process can be found on the housing authority website. 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING 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 meetings 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 representative, 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 programs. 3.I.c Packet Pg. 394 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-11 2-II.G. PHYSICAL ACCESSIBILITY The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following: • PIH 2010-26 • Section 504 of the Rehabilitation Act of 1973 • The Americans with Disabilities Act of 1990 • The 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 plan describes the key policies that govern the PHA’s responsibilities with regard to physical accessibility. • Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to non-discrimination and accessibility in federally-funded housing programs. • The 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, owners 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 disabilities are denied assistance, the notice of denial must inform them of the PHA’s informal review process and their right to request an informal review. In addition, 3.I.c Packet Pg. 395 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-12 the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review process. 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 allow the family to meet the requirements, the PHA must make the accommodation. 3.I.c Packet Pg. 396 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-13 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) 2-III.A. OVERVIEW Language for Limited English Proficiency Persons (LEP) can be a barrier 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 Assistance 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 National 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 the programs 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. 3.I.c Packet Pg. 397 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-14 2-III.B. ORAL INTERPRETATION The PHA will offer competent interpretation services free of charge, upon request to the LEP person. PHA Policy The PHA will utilize a language line for telephone interpreter services. When exercising the option to conduct remote briefings, informal reviews, or hearings, however, the PHA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation. 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 community volunteers if caution is taken to ensure that the volunteers are appropriately trained and that confidentiality concerns regarding individual applicants and tenants are 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 PHA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, the PHA will not rely on the minor to serve as the interpreter. 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: 3.I.c Packet Pg. 398 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-15 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 that 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 After 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 services. 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 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 contacted for input into the process. The PHA has developed a written LEP plan, following these 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. 3.I.c Packet Pg. 399 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-16 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, cosmetic or 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 • 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. “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 misclassified 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 with the rights of others • 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 participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet 3.I.c Packet Pg. 400 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-17 this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations. The HUD 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 disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, 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. 3.I.c Packet Pg. 401 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-18 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 Assistance 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 English 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 city’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 prior to 2000 from Europe, Asia and Latin America. The majority identifies their ancestry as English, German, and Irish. 3.I.c Packet Pg. 402 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-19 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 Monica 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 families 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 other 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. 3.I.c Packet Pg. 403 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-20 5. Provide translated versions of vital documents to LEP applicants and participants. 6. Provide free interpretation assistance upon request for all other housing authority transactions. 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 Development. 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 purpose of accessing whether any document is vital 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 specifically” [72 Fed. Reg. at 2,736]. Whether a document is important depends on the “importance of the program, information, 3.I.c Packet Pg. 404 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-21 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 The SMHA will post notices of the availability of language assistance 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 recertification 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 and 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. 3.I.c Packet Pg. 405 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 2-22 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 providing 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. 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. 3.I.c Packet Pg. 406 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 collection and use of family information as provided for in PHA- provided consent forms. - Not currently be receiving a duplicative subsidy. • 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 part covers factors related to an applicant’s past or current conduct (e.g. criminal activity) that can cause the PHA to deny assistance. 3.I.c Packet Pg. 407 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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; FR 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. 3.I.c Packet Pg. 408 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-3 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; Notice PIH 2017-08] 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 documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16-IX.D of this plan.)In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, the victim must continue to be assisted. Upon termination of the perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator’s HUD–VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD–VASH voucher, which must be issued to another eligible family upon the voucher’s turnover. • 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 Policy 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 3.I.c Packet Pg. 409 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-4 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. 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 3.I.c Packet Pg. 410 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-5 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 friends, 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 household 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 whereby 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. 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. 3.I.c Packet Pg. 411 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-6 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. 3.I.c Packet Pg. 412 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-7 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 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 accordance with the policies in Chapter 12. 3-I.J. GUESTS [24 CFR 5.100] A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed 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 3.I.c Packet Pg. 413 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-8 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 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.c Packet Pg. 414 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-9 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 for 90 consecutive days or less is considered temporarily absent and continues to be considered a family member. An individual who is or is expected to be absent from the assisted unit for more than 90 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. 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 90 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 adjusted in accordance with the PHA’s subsidy standards if appropriate. 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 3.I.c Packet Pg. 415 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-10 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 An individual confined to a nursing home or hospital on a permanent basis is not considered a family member. 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 Members 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] 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- 3.I.c Packet Pg. 416 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-11 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 however, SMHA does not provide a 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 aide 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. 3.I.c Packet Pg. 417 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-12 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. 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. 3.I.c Packet Pg. 418 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-13 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 selected from the PHA’s waiting list. • 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 3.I.c Packet Pg. 419 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-14 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 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 jurisdiction. 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 3.I.c Packet Pg. 420 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-15 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. In accordance with SMHA’s LEP Plan, a translated version of the declaration of eligible immigration status, and other appropriate language assistance, will be provided to LEP applicants. 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. 3.I.c Packet Pg. 421 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-16 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 eligible 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 non-contending 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 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 noncitizen. 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 of the notification of prorated assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households. 3.I.c Packet Pg. 422 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-17 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 version 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. 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. 3.I.c Packet Pg. 423 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-18 PHA Policy The PHA will verify the citizenship 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 complete 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 requirements 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, the form HUD-52675 Debts Owed to Public Housing Agencies and Terminations, 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.I.c Packet Pg. 424 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-19 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 AND FR NOTICE 4/10/06, FR NOTICE 9/21/16] 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, separately from their parents. Definitions In determining whether and how the new eligibility restrictions apply to a student, the PHA will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16]. Dependent Child In the context of the student eligibility restrictions, dependent 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 parents’ income will not be considered when determining the student’s eligibility if the following four criteria are all met: The individual is of legal contract age under state law. 3.I.c Packet Pg. 425 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-20 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: The individual is at least 24 years old by December 31 of the award year for which aid is sought The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence The individual is a veteran of the U.S. Armed Forces or is currently serving on active duty in the Armed Forces for other than training purposes The individual is a graduate or professional student The individual is married The individual has one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: A local educational agency homeless liaison The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director A financial aid administrator The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances 3.I.c Packet Pg. 426 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-21 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. 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. If the PHA determines that an individual meets the definition of a vulnerable youth such a determination is all that is necessary to determine that the person is an independent student for the purposes of using only the student’s income for determining eligibility for assistance. 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 3.I.c Packet Pg. 427 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-22 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. Vulnerable Youth PHA Policy A vulnerable youth is an individual who meets the U.S. Department of Education’s definition of independent student in paragraphs (b), (c), or (h), as adopted in Section II of FR Notice 9/21/16: The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: A local educational agency homeless liaison The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director A financial aid administrator 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 student 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. 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 3.I.c Packet Pg. 428 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-23 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 student’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. 3-II.F. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV SYSTEM TRAINING 9/30/20] Existing Tenant Search Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches 3.I.c Packet Pg. 429 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-24 involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance. If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable. PHA Policy The PHA will contact the PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD-50058 or 50059, as applicable, showing an end of participation. The PHA will only approve assistance contingent upon the move-out from the currently occupied assisted unit. Debts Owed to PHAs and Terminations All adult household members must sign the form HUD-52675 Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module. If a current or former tenant disputes the information in the module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program. PHA Policy The PHA will require each adult household member to sign the form HUD-52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household. The PHA will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the PHA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter. 3.I.c Packet Pg. 430 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-25 Income and IVT Reports For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission. The PHA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates. 3.I.c Packet Pg. 431 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-26 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. While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual’s criminal history merits denial of admission. When considering any denial of admission, PHAs may not use arrest records as the basis for the denial. Further, HUD does not require the adoption of “One Strike” policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-19]. HUD’s Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate. Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16]. PHAs who impose blanket prohibitions on any person with any conviction record, no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then will be unable to show that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a PHA with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary. To do this, the PHA must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and property and criminal conduct that does not. 3.I.c Packet Pg. 432 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-27 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 • Denying 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 children 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] 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 three 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). 3.I.c Packet Pg. 433 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-28 PHA Policy The PHA will admit an otherwise-eligible family who was evicted from federally-assisted housing within the past three 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 three 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. A record or records of arrest will not be used as the sole basis of determining reasonable cause. 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) is 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 prohibited 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 admission into the PH and HCV programs based on the illegal use of controlled substances, including state legalized medical marijuana. 3.I.c Packet Pg. 434 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-29 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 convicted of any of the following criminal activities, within the past three 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, distribute 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 3.I.c Packet Pg. 435 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-30 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: Any conviction for drug-related or violent criminal activity within the past three years. Records of arrests for drug-related or violent criminal activity within the past three years, although a record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity. 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. 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: Per the alternative requirements listed in the Federal Register notice dated December 29, 2014, PHAs are no longer permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [FR Notice 12/29/14]. PHA Policy 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 three years. 3.I.c Packet Pg. 436 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-31 Any family member has committed fraud, bribery, or any other corrupt or criminal 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. 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 household 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: 3.I.c Packet Pg. 437 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-32 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 an 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. While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose. 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 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 applicant’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 behavior 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. 3.I.c Packet Pg. 438 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-33 The owner is responsible for screening and selection 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 family 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 of the initial inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history or criminal history, etc. 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. 3.I.c Packet Pg. 439 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-34 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 facts and circumstances prior to making 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 or records of arrest will not be used as the sole 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 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 3.I.c Packet Pg. 440 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-35 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)] If the family includes 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. 3.I.c Packet Pg. 441 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-36 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 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 SMHA’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 3.I.c Packet Pg. 442 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-37 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. 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 or as a direct result of the fact 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 VAWA Notice of Occupancy Rights (form HUD- 5380) and a domestic violence certification form (HUD-5382) 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, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the PHA’s policies. While the PHA is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant may inform the PHA that their status as a victim is directly related to the grounds for the denial. The PHA will request that the applicant provide enough information to the PHA to allow the PHA to make 3.I.c Packet Pg. 443 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-38 an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim. 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-5382. The PHA will request in writing that an applicant wishing to claim protection under VAWA notify the PHA within 14 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: 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. 3.I.c Packet Pg. 444 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-39 EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES Person with Disabilities [24 CFR 5.403] The term person with disabilities means 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: Inability 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 Bill 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 (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 3.I.c Packet Pg. 445 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-40 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 mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. 3.I.c Packet Pg. 446 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-41 (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) Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment. 3.I.c Packet Pg. 447 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-42 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. Definition 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— (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. 3.I.c Packet Pg. 448 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-43 (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 3.I.c Packet Pg. 449 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-44 (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— 3.I.c Packet Pg. 450 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-45 (A) Offers more than 50 percent of such institution’s courses by correspondence, unless 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 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, respectively; 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 awards 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 3.I.c Packet Pg. 451 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-46 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. (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 of 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) Additional 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— 3.I.c Packet Pg. 452 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-47 (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. 3.I.c Packet Pg. 453 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-1 CHAPTER 4 : APPLICATIONS, WAITLIST, AND TENANT SELECTION INTRODUCTION When a household wishes to receive assistance under the Section 8 Housing Choice Voucher (HCV) program, the household must submit an application that provides the PHA with the information needed to determine the household’s eligibility. HUD requires the PHA to place all households that apply for assistance on a waitlist. When Section 8 HCV assistance becomes available, the PHA must select applicants from the waitlist in accordance with HUD requirements and PHA policies as stated in the Administrative Plan and the Annual Plan. The PHA is required to adopt clear policies and procedures for accepting applications, placing applicants on the waitlist, and selecting applicants from the waitlist, and must follow these policies and procedures consistently. The actual order in which applicants are selected from the waitlist can be affected if an applicant has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of applicants for income targeting and the selection of applicants that qualify for targeted funding. HUD regulations require that all households 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 chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2. This chapter describes HUD and PHA policies for taking applications, managing the waitlist, and selecting applicants for Section 8 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 Waitlist. This part presents the policies that govern how the PHA’s waitlist 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 waitlist current. Part III: Selection for Section 8 HCV Assistance. This part describes the policies that guide the PHA in selecting households for Section 8 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. 3.I.c Packet Pg. 454 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-2 PART I: THE APPLICATION PROCESS 4-I.A. OVERVIEW This part describes the PHA policies for making applications available, accepting applications, making preliminary determinations of eligibility, and the placement of applicants on the waitlist. This part 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 household that wishes to receive housing assistance must apply for admission to the program. HUD permits the PHA to determine the format and content of Section 8 HCV applications, as well as how such applications will be made available to interested households 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 online 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 that 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 household will be selected from the waitlist within 60 days of the application. At application, the household must provide all the information necessary to establish eligibility and level of assistance. A two-step process will be used when it is expected that a household will not be selected from the waitlist for at least 60 days from the date of application. Under the two-step application process, the PHA initially will require households to provide only the information needed to make an initial assessment of the household’s eligibility and to determine the household’s placement on the waitlist. This information will be obtained from the household via a preliminary application online when applications are being accepted. As a reasonable accommodation, households may also apply by telephone. At the time of selection from the waitlist, the household will be required to provide all of the information necessary to establish household eligibility and level of assistance. The information will be obtained from the household via a full application form. 3.I.c Packet Pg. 455 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-3 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. The PHA will accept reasonable accommodation requests from the time that the formal announcement of the waitlist opening is made until the waitlist closes. Requests for reasonable accommodations received before or after this period will not be approved. In order to prevent delay in the pre-application process for these individuals, the PHA will not verify with a third party the individual’s need for a reasonable accommodation. As a reasonable accommodation, the PHA may allow the applicant to apply by telephone. The applicant must contact the PHA before the deadline specified by the PHA. 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 (LEP) [24 CFR 1]. Throughout the application, waitlist, and selection process, the PHA must ensure that LEP individuals are provided with meaningful language access in accordance with HUD’s 2007 LEP Guidance and the PHA LEP Plan. This includes, but is not limited to, providing translated documents to applicants and conducting outreach about waitlist openings/closures and admissions preferences in non-English ethnic media. Chapter 2 provides a full discussion of the PHA’s policies related to ensuring access to LEP individuals. 4-I.D. PLACEMENT ON THE WAITLIST The PHA must review each complete application received and make a preliminary assessment of the household’s eligibility. The PHA must accept applications from households 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 household is determined to be ineligible, the PHA must notify the household in writing [24 CFR 982.201(f)]. Where the household is not determined to be ineligible, the household will be placed on a waitlist of applicants. No applicant has a right or entitlement to be listed on the waitlist, or to any particular position on the waitlist [24 CFR 982.202(c)]. 3.I.c Packet Pg. 456 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-4 Ineligible for Placement on the Waitlist PHA Policy If the PHA can determine from the information provided that an applicant is ineligible, the applicant will not be placed on the waitlist. Where an applicant 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 applicant of their right to request an informal review and explain the process for doing so (see Chapter 16). If the applicant wants to provide additional documentation, it must be submitted at the time the informal review is requested. Eligible for Placement on the Waitlist PHA Policy Waitlist applicants will receive instant confirmation of receipt of application when all required information is completed. A final determination of eligibility will be made when the applicant is selected and all factors of eligibility are verified including preferences. Once the online application has been accepted, a receipt will be displayed. Waitlist status for the Section 8 HCV waitlist can be viewed on waitlistcheck.com using the account created during the application process. The status of the applications will be available in 30 business days. The PHA will not verify waitlist status via phone or email. AssistanceCheck pins will be issued for applicants to ensure applicant confidentiality. AssistanceCheck can be used to update household information. Reasonable accommodation requests regarding assistance can be made to the PHA. If the waitlist remains open indefinitely, applicants will be pulled from the waitlist based on preference and date and time of the application. 3.I.c Packet Pg. 457 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-5 PART II: MANAGING THE WAITLIST 4-II.A. OVERVIEW The PHA must have policies regarding various aspects of organizing and managing the waitlist of applicants. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waitlist openings and closings, updating waitlist information, purging the list of households 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 waitlist and how households must be treated if they apply for assistance from a PHA that administers more than one assisted housing program. 4-II.B. ORGANIZATION OF THE SECTION 8 HCV WAITLIST [24 CFR 982.204 AND 205] The PHA’s waitlist must be organized in such a manner to allow the PHA to accurately identify and select applicants for assistance in the proper order, according to the admissions policies described in this plan. The waitlist must contain the following information for each applicant listed: • Applicant name; • Household size; • Date and time of application; • Qualification for any local preference; • Racial or ethnic designation of the head of household; and • Income. HUD requires the PHA to maintain a single waitlist for the Section 8 HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waitlist for each county or municipality served. HUD permits, but does not require, that PHAs maintain a single merged waitlist for their public housing, Section 8 HCV, and other subsidized housing programs. A household’s decision to apply for, receive, or refuse other housing assistance must not affect the household’s placement on the Section 8 HCV waitlist, or any preferences for which the household may qualify. 3.I.c Packet Pg. 458 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-6 PHA Policy The PHA will maintain a single waitlist for Section 8 HCV vouchers. The PHA will maintain an additional waitlist for HOME vouchers, a waitlist for continuum of Care (CoC) vouchers, and multiple waitlists for project-based (PBV) Section 8 vouchers. HUD directs that a household that applies for assistance from the Section 8 HCV program must be offered the opportunity to be placed on the waitlist for any public housing, project- based voucher or moderate rehabilitation program the PHA operates if 1) the other programs’ waitlists are open, and 2) the household is qualified for the other programs. For PBV waitlist procedures, see Chapter 17. For CoC waitlist procedures, see Chapter 19. For HOME waitlist procedures, see Chapter 20. 4-II.C. OPENING AND CLOSING THE WAITLIST [24 CFR 982.206] Closing the Waitlist A PHA is permitted to close the waitlist if it has an adequate pool of households to use its available assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of households that meet particular preferences or funding criteria. PHA Policy The PHA may close the waitlist when it has an adequate pool of households to use the available assistance. Where the PHA has particular preferences or funding criteria that require a specific category of household, such as homeless or project-based voucher (PBV), the PHA may elect to continue to accept applications from these applicants while closing the waitlist to others. Reopening the Waitlist If the waitlist 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 outlets. 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 waitlist 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 applicants, this information will be contained in the notice. The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to: 3.I.c Packet Pg. 459 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-7 • Placing a notice in the local newspaper • Posting a notice in plain view in the City Hall lobby, with a translated version(s) in accordance with the PHA’s LEP Plan • Placing a notice in the Spanish language newspaper, as well as newspapers that serve other language communities in accordance with the PHA’s LEP Plan • Posting a notice in community centers, including those that serve largely non- English speaking populations • Arranging http://www.smgov.net/ and cable TV public service announcements; including announcements that are accessible in non-English languages, in accordance with the PHA’s LEP Plan • Arranging for announcements in non-English ethnic media • Sending a mailing to local Legal Aid Office, community organizations, and civic groups. 4-II.D. APPLICANT 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 waitlist to use the resources it has been allotted. Because HUD requires the PHA to admit a specified percentage of extremely low-income households to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such households apply for assistance [HCV GB, p. 4-20 to 4-21]. PHA outreach efforts must comply with fair housing requirements. This includes: • Analyzing the housing market area and the populations currently being served to identify 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 are members of a protected class. PHA outreach efforts must be designed to inform qualified households 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 3.I.c Packet Pg. 460 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-8 • 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 HOUSEHOLD CIRCUMSTANCES PHA Policy While the household is on the waitlist, the household must immediately inform the PHA of changes in income and contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing within 15 calendar days of the date of the change using the AssistanceCheck website. The household will not be permitted to report changes in household size or composition (add new household members not included on the household’s pre-application) after the household has received notification of being selected from the waitlist, except: The household may add children who joined the household as a result of birth, adoption, or court-awarded custody. The household may add other household members due to marriage or domestic partnership (spouse, domestic partners, co-head). 4-II.F. UPDATING THE WAITLIST [24 CFR 982.204] HUD requires the PHA to establish policies to use when removing applicant names from the waitlist. Purging the Waitlist The decision to withdraw an applicant household that includes a person with disabilities from the waitlist 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 household did not respond because of the household member’s disability, the PHA must reinstate the applicant household to their former position on the waitlist [24 CFR 982.204(c)(2)]. 3.I.c Packet Pg. 461 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-9 PHA Policy The PHA reserves the right to purge the waitlist annually by removing (deleting) all applications that were not selected during the 12-month period that began on the date the waitlist was closed. To update the waitlist, the PHA will re-open the waitlist 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 waitlist contains an adequate pool of applicants to utilize the program funding that is available during the 12-month period following the closing of the waitlist. Applicants will be notified at time of application that their application to the waitlist 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 waitlist is re-opened. Removal from the Waitlist PHA Policy If at any time an applicant is on the waitlist, the PHA determines that the applicant is not eligible for assistance (see Chapter 3), the applicant will be removed from the waitlist. If an applicant is removed from the waitlist because the PHA has determined the applicant is not eligible for assistance, a notice will be sent to the applicant’s address of record as well as to any alternate address provided on the initial application. The notice will state the reasons the applicant was removed from the waitlist and will inform the household how to request an informal review regarding the PHA’s decision (see Chapter 16) [24 CFR 982.201(f)]. In accordance with the PHA’s LEP Plan, a translated version of the notice of removal from the waitlist, and other appropriate language assistance, will be provided to known LEP applicants. PHA will remove names of applicants: • That do not respond to a written request for information or updates; or • If correspondence to the applicant if returned by the Postal Service for any reason. • 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. 3.I.c Packet Pg. 462 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-10 PART III: SELECTION FOR SECTION 8 HCV ASSISTANCE 4-III.A. OVERVIEW As vouchers become available, applicants on the waitlist must be selected for assistance in accordance with the policies described in this part. The order in which applicants are selected from the waitlist depends on the selection method chosen by the PHA and is impacted in part by any selection preferences for which the applicant qualifies. The availability of targeted funding may affect the order in which applicants are selected from the waitlist. The PHA must maintain a clear record of all information required to verify that the applicant is selected from the waitlist according to the PHA’s selection policies [24 CFR 982.204(b) and 982.207(e)]. 4-III.B. SELECTION AND SECTION 8 HCV FUNDING SOURCES Special Admissions (non-waitlist) [24 CFR 982.203] HUD may award funding for specifically-named households living in specified types of units (e.g., a household that is displaced by demolition of public housing; a non-purchasing household residing in a HOPE 1 or 2 projects; or a household 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 households whether or not they are on the waitlist, and, if they are on the waitlist, without considering the household’s position on the waitlist. These households are considered non-waitlist selections. The PHA must maintain records showing that such households were admitted with special program funding. Targeted Funding [24 CFR 982.204(e)] HUD may award a PHA funding for a specified category of households on the waitlist. The PHA must use this funding only to assist the households within the specified category. In order to assist households within a targeted funding category, the PHA may skip households that do not qualify within the targeted funding category. Within this category of households, the order in which such households are assisted is determined according to the policies provided in Section 4-III.C. PHA Policy The PHA administers the following types of targeted funding: 3.I.c Packet Pg. 463 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-11 • Continuum of Care (see Chapter 19 for waitlist selection policies) and HOME programs (see Chapter 20 for waitlist selection policies). Project-Based Targeting The PHA may offer additional preferences for the project-based Section 8 program (PBV) or for particular PBV projects or units. Applicants for these programs must meet additional, specific eligibility requirements. In order to assist these applicants, the PHA may skip applicants that do not qualify. (Please refer to Chapter 17 for additional details on Project-Based Vouchers) 4-III.C. SELECTION METHOD PHAs must describe the method for selecting applicants from the waitlist, including the system of admission preferences that the PHA will use [24 CFR 982.202(d)]. Local Preferences [24 CFR 982.207; HCV p. 4-16] PHAs are permitted to establish local preferences, and to give priority to serving applicants that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any local preferences established must 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 The PHA will use the following local preferences in order listed: Tier 1 Preferences: • Displaced: Involuntarily displaced applicants are applicants who have or will (within 12 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, civil disturbance, etc.) that occurred through no fault of the applicant; Displacement from another federal housing program for reasons beyond their control or because they did not participate in a home ownership program; Domestic Violence. 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 3.I.c Packet Pg. 464 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-12 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; 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 City Charter, Article XVIII, Section 2304(c)(8); or Owner-occupancy decontrol of a unit in their duplex or triplex that results in the tenant paying more than 40% of their gross annual income toward rent. In order to receive the displaced preference, applicants who have been displaced in the previous 12-month period must not be living in “standard, permanent replacement housing”. Standard, permanent replacement housing is defined as housing that is decent, safe and sanitary (according to HUD HQS), that is adequate for the household size (according to HUD HQS) and that the household 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. Funding shortfalls: Applicants that have been terminated from the PHA’s Section 8 HCV program due to insufficient program funding and are at greatest risk of homelessness. CoC and supportive housing graduates: The PHA may prioritize a limited number of Section 8 HCV program vouchers for Continuum of Care program participants (“CoC graduates”) or tenants residing in City-funded supportive housing properties in Santa Monica (“supportive housing graduates”) who are stable and no longer require service participation to prevent them from recycling into homelessness. This will allow the community to serve more homeless applicants and better utilize services for those most in need. The PHA shall limit the current number of households eligible for this preference to 25 annually. Tier 1 households who qualify for the displaced or funding shortfalls preferences will have priority over CoC graduates and supportive housing graduates. 3.I.c Packet Pg. 465 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-13 The wait list for Tier 1 applicants shall always remain open. Tier 2 Preferences: • Live: Applicants who live in rent-controlled apartments in Santa Monica and pay more than 40% of their gross annual income toward rent. • Work: o Applicants who work a minimum of 25 hours per week in Santa Monica. (Applicants who work for a temporary agency do not qualify for preference if they are on a temporary assignment.) o Applicants who are residents of Santa Monica and work a minimum of 25 hours per week outside of Santa Monica. o Applicants who were immediately previously in the Santa Monica workforce but are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from a Santa Monica employer. o Applicants who are in a job training program in Santa Monica, subject to the PHA’s approval. Tier 3: • Applicants who are residents of Santa Monica and do not meet the live or work criteria for Tier 2. (Chronically homeless applicants on the Santa Monica Service Registry are considered residents of Santa Monica). Tier 4: Applicants who do not qualify for the Tier 1 – 3 preferences. Order of Selection Within Tiers The PHA system of preferences may select households 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 household at the top of the waitlist, it is not permitted to skip down the waitlist to a household that it can afford to subsidize when there are not sufficient funds to subsidize the household at the top of the waitlist [24 CFR 982.204(d) and (e)]. 3.I.c Packet Pg. 466 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-14 PHA Policy • Applicants will be selected from the waitlists 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 (i.e., Tier), applicants will be selected on a first-come, first-served basis according to the date and time their complete application is received by the PHA. • Preference Denial: If the PHA denies an applicant’s preference claim, the PHA shall return the applicant to the waitlist and will notify the applicant 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 waitlist. 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) households make up at least 75% of the households admitted to the Section 8 HCV program during the PHA’s fiscal year. ELI households 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 households on the waitlist in order to select an ELI household. Low income households admitted to the program that are “continuously assisted” under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate-income households 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 households will be selected ahead of other eligible households on an as-needed basis to ensure the income-targeting requirement is met. 4-III.D. NOTIFICATION OF SELECTION When a household has been selected from the waitlist, the PHA must notify the household [24 CFR 982.554(a)]. 3.I.c Packet Pg. 467 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-15 PHA Policy The PHA will notify the applicant when selected from the waitlist. Applicants must complete an application and provide all required documentation by the date specified, or the applicant will be removed from the waitlist. After two documented attempts to notify the applicant without response, the applicant will be removed from the waitlist. In accordance with PHA’s LEP Plan, the PHA will include a translated statement for LEP applicants in the selection notification packet; this statement will notify LEP applicants of the availability of translated materials and additional language assistance. 4-III.E. THE APPLICATION INTERVIEW 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 household until all SSN documentation requirements are met. However, if the PHA determines that an applicant household is otherwise eligible to participate in the program, the household may retain its place on the waitlist 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 Households selected from the waitlist are required to participate in an eligibility interview. All adult household members are required to attend the interview together. Other household members may be required to attend the interview if it is necessary to make an eligibility determination. The adult household members must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If any adult household 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 numbers, the PHA will allow the household to retain its place on the waitlist for three months. If all household 3.I.c Packet Pg. 468 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-16 members have not disclosed their SSNs at the next time the PHA is issuing vouchers, the PHA will issue a voucher to the next eligible applicant on the waitlist. The household must provide the information necessary to establish the household’s eligibility and determine the appropriate level of assistance, and must complete required forms, provide required signatures, and submit required documentation. If any materials are missing, the PHA will provide the household with a written list of items that must be submitted. Any required documents or information that the household is unable to provide at the interview 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 household is unable to obtain the information or materials within the required time 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 household will be sent a notice of denial (See Chapter 3). Per the PHA’s LEP Policy (see Chapter 2, Part III LEP for more information), an advocate, interpreter, or other assistant may assist the household with the application and the interview process. No minor children will be permitted to act as an interpreter for these interviews. Interviews will be conducted in English. For LEP applicants, the PHA will provide interpretation services free of charge in accordance with the PHA’s LEP plan. During the interview process, the PHA will also provide translated copies of any documents considered to be “vital documents” in accordance with the PHA LEP Plan. If the household is unable to attend a scheduled interview, the household should contact the PHA in advance of the interview to reschedule a new appointment. Applicants who fail to attend the scheduled interview without PHA approval will be denied assistance based on the household’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3. 4-III.F. COMPLETING THE APPLICATION PROCESS The PHA must verify all information provided by the household (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the household qualified for any special admission, targeted funding, or selection preference that affected the order in which the household was selected from the waitlist. 3.I.c Packet Pg. 469 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-17 PHA Policy If the PHA determines that the household 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 household of its right to request an informal review (Chapter 16). Additional documentation to be considered by the PHA must be provided by applicant at the time of request for the informal review. If a household fails to qualify for any criteria that affected the order in which it was selected from the waitlist (e.g. targeted funding, extremely low-income), the household will be returned to the waitlist. The PHA will notify the household in writing that it has been returned to the waitlist and will specify the reasons for it. If the applicant made fraudulent claims (i.e., by falsifying documents), they will be removed from the waitlist. In accordance with the PHA’s LEP Plan, a translated version of the notice of ineligibility, and/or notification of the availability of other appropriate language assistance regarding the notice, will be provided to LEP applicants. If the PHA determines that the household is eligible to receive assistance, the PHA will invite the applicant and all household members to attend a briefing in accordance with the policies in Chapter 5. 3.I.c Packet Pg. 470 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-18 EXHIBIT 4-1: PHA’S SECTION 8 HCV WAITLIST & HIERARCHY OF PREFERENCES The below table is a summary; please see section 4-III.C. SELECTION METHOD for more detailed information on each preference. TIER PREFERENCES POINT VALUE One Displaced Preference: • An involuntarily displaced household who has or will be required to vacate housing in the City of Santa Monica 5 One Funding Shortfalls Preference: • An eligible household that was previously terminated from a PHA program due to insufficient program funding 4 One Continuum of Care (CoC) Graduate or Supportive Housing Graduate Preference: • CoC graduates or tenants residing in City-funded supportive housing properties in Santa Monica who are stable and no longer require service participation to prevent them from recycling into homelessness. The PHA shall limit the current number of households eligible for this preference to 25 annually. 3 Two • Live Preference: Applicants who live in rent-controlled apartments in Santa Monica and pay more than 40% of their gross annual income toward rent. • Work Preference: Applicants who work a minimum of 25 hours per week in Santa Monica (Applicants who work for a temporary agency do not qualify for preference if they are on a temporary assignment.) • Applicants who are residents of Santa Monica and work a minimum of 25 hours per week outside of Santa Monica. • Applicants who were immediately previously in the Santa Monica workforce but are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits or retirement benefits from a Santa Monica employer. 2 3.I.c Packet Pg. 471 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 4-19 • Applicants who are in a job training program in Santa Monica, subject to the PHA’s approval. Three Applicants who are residents of Santa Monica and do not meet the live or work criteria for Tier 2. 1 Four Applicants who do not qualify for the Tier 1 – 3 preferences. 0 The numerical point values indicated in the table above reflect the priorities among Tiers 1 – 4. Households can meet the criteria for only one of the point values. 3.I.c Packet Pg. 472 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-1 CHAPTER 5 : BRIEFINGS AND VOUCHER ISSUANCE INTRODUCTION This chapter 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 well 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 must successfully locate an acceptable unit. This chapter describes HUD regulations 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 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 must locate a unit. 3.I.c Packet Pg. 473 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 part describes how oral briefings will be conducted, specifies what written information will be provided to families via the SMHA website, and lists the family’s obligations under the program. 5-I.B. BRIEFING [24 CFR 982.301] Notification of Briefing Prior to issuance of a voucher, the PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. Families may be briefed in individual face-to-face meetings, through group briefing sessions, or via remote briefing sessions. PHA Policy Families will be notified of their eligibility for assistance at the time they are invited to a briefing. The notice will be sent by first class mail and will also be sent by email if the family has provided a valid email address to the PHA. The notice will advise the family of the type of briefing, who is required to be present at the briefing, and the date and time of the briefing. The notice will also inform the family of any additional requirements for in-person or remote briefings as addressed in relevant policy elsewhere in this section. 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 notice is returned by the post office with a forwarding address, the notice will be resent to the address indicated. In-Person Briefing 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. 3.I.c Packet Pg. 474 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-3 PHA Policy Briefing packets containing written information about the program are available to participants online through their AssistanceCheck account. Paper copies are available for participants upon request. In-person briefings will generally be conducted in group meetings. At the family’s written request, the PHA may provide an individual briefing. 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. Attendance PHA Policy Applicants who fail to attend a scheduled in-person briefing will be scheduled for another briefing automatically. The PHA will notify the family of the date and time of the second scheduled briefing. Applicants who fail to attend two scheduled briefings, without prior PHA approval, will be denied assistance (see Chapter 3). Remote Briefings [Notice PIH 2020-32] Remote briefings may be conducted over the phone, via video conferencing, or through other virtual platforms. PHA Policy The PHA has the sole discretion to require that briefings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. If the PHA schedules a remote briefing, the PHA will conduct a face- to-face briefing upon request of the applicant as a reasonable accommodation for a person with a disability if safety and health concerns can be reasonably addressed. In addition, the PHA will conduct a briefing remotely upon request of the applicant as a reasonable accommodation for a person with a disability, if an applicant does not have 3.I.c Packet Pg. 475 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-4 child care or transportation that would enable them to attend the briefing, or if the applicant believes an in-person briefing would create an undue health risk. The PHA will consider other reasonable requests for a remote briefing on a case-by-case basis. Accessibility Requirements for Persons with Disabilities and LEP Individuals As with in-person briefings, the platform for conducting remote briefings must be accessible and the briefing conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual. If no method of conducting a remote briefing is available that appropriately accommodates an individual’s disability, the PHA may not hold against the individual his or her inability to participate in the remote briefing, and the PHA should consider whether postponing the remote briefing to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation, will depend on the specific circumstances. Limited English Proficiency (LEP) requirements also apply to remote briefings, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote briefings. Conducting Remote Briefings The PHA must ensure that the lack of technology or inability to use technology for remote briefings does not pose a disadvantage to families that may not be apparent to the PHA. The PHA must ensure that the family has appropriate technological access in order to fully participate in the remote briefing. PHA Policy At least 10 business days prior to scheduling the remote briefing, the PHA will provide written notification via first class mail and/or email to families participating in the briefing to advise of technological requirements and to request the family notify the PHA of any known barriers. If any family does not respond within five business days, or if the written notification is returned by the post office or the email is rejected, the PHA 3.I.c Packet Pg. 476 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-5 will contact the family by telephone to identify potential technological barriers and to determine which technology resources are accessible to the family. The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person briefing or have a one-on-one briefing over the phone, as appropriate. The PHA will conduct remote briefings via a video conferencing platform when available. If applicants are unable to adequately access the video conferencing platform, the briefing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in, the remote briefing will be postponed, and an in-person alternative or one-on-one briefing over the phone will be provided. The PHA will provide login information and/or conferencing call-in information and an electronic copy of the briefing packet via email at least five business days before the briefing. The PHA will provide a paper copy of the briefing packet upon family request, and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet. The PHA will ensure that all electronic information stored or transmitted as part of the briefing meets the requirements for accessibility for persons with disabilities and persons with LEP, and is secure, including ensuring personally identifiable information (PII) is protected. The PHA will ensure that families who participate in remote briefings have the opportunity to ask questions as part of the briefing. If families lose connectivity during any remote briefing or otherwise feel they were unable to access information presented during the briefing, the family may request a one-on-one briefing over the phone or in person with the PHA. Oral Briefing [24 CFR 982.301(a)] Each briefing must provide information on the following subjects: • How the Housing Choice Voucher program works; • Family and owner responsibilities; • Where the family can 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; 3.I.c Packet Pg. 477 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-6 • The PHA must inform the family of how portability may affect the family’s assistance through screening, subsidy standards, payment standards, and any other 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 calculate 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. • 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 assist 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. 3.I.c Packet Pg. 478 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-7 • Notice that if the family includes a person with disabilities, the family may request a list of available 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. • An explanation of the advantages of moving to an area that does not have a high concentration of low-income families. If the PHA is located in a metropolitan area, the following additional information 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 within 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, Notice PIH 2017-12]. 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 The form HUD-5380 domestic violence certification form and the form HUD- 5382 notice of occupancy rights, which contains information on VAWA protections for victims of domestic violence, dating violence, sexual assault, and stalking 3.I.c Packet Pg. 479 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-8 “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 2017- 12 Proof of effort search record. Packet for owners with an HQS checklist. Eligibility 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 (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. 5-I.C. FAMILY OBLIGATIONS Obligations of the family are described 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. 3.I.c Packet Pg. 480 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-9 Family Obligations [24 CFR 982.551] The family obligations of the voucher are listed as follows: 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 composition 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). PHA Policy The tenant 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. 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, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge. Serious 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, pose a safety hazard, or are criminal activities. Generally, the criterion to be used will be whether or not the reason for the eviction was the 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. 3.I.c Packet Pg. 481 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-10 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 must promptly give the PHA a copy of any owner eviction notice within 10 business days. 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 notices 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 only residence. 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 add 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 if the member is age 18 or older. No other person(s) (i.e., nobody but members of the assisted family) may 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 3.I.c Packet Pg. 482 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-11 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 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 cooperate with the PHA for this purpose. The family must promptly notify the PHA of absence 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. 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 must 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 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 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. 3.I.c Packet Pg. 483 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-12 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 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 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. 3.I.c Packet Pg. 484 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-13 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE 5-II.A. OVERVIEW The PHA must establish subsidy standards that determine the number of bedrooms needed for families of different sizes and compositions. This part 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 to 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 determines 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. • The 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 placement 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 accordance 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; 3.I.c Packet Pg. 485 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-14 • Unless a live-in-aide resides 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. 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 or 1-bedroom Space will not be provided for any family member who is absent from the home in excess of 90 consecutive days per calendar year. The number of bedrooms on the voucher cannot be more than the number of persons in the household. At admission, 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 1-3 2 Bedrooms 3-5 3 Bedrooms 5-7 4 Bedrooms 7-9 5 Bedrooms 9-11 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. 3.I.c Packet Pg. 486 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-15 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 family 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 disability, 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)]. 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 explain 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 an exception is presented, the PHA will respond in writing, acknowledging receipt of the request, within 10 business days. Based on the verified need for the exception 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 described 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 3.I.c Packet Pg. 487 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-16 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 the 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 insufficient 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 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 180 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 180-day period unless the PHA grants an extension. 3.I.c Packet Pg. 488 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-17 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. There 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 reasonable 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 The PHA may approve three 30-day extensions upon written request from the family. The PHA will approve additional extensions only in the following circumstances: It is necessary as a reasonable accommodation for a person with disabilities. It is necessary 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 granted: 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 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. 3.I.c Packet Pg. 489 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 5-18 The PHA will decide whether to approve or deny an extension request within 10 business days of the date the request 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 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. 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 housing 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. Within 10 business days after the expiration of the voucher term or any extension, the PHA will notify the family in writing that the voucher term has expired and that the family must reapply when the waiting list is open in order to be placed on the waiting list. 3.I.c Packet Pg. 490 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 topics 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 family payment. 3.I.c Packet Pg. 491 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 regulations 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 of Family Assets (Exhibit 6-3) • Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) • The Effect of Welfare Benefit Reduction (Exhibit 6-5) Sections 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 regulations 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 AND 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 3.I.c Packet Pg. 492 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-3 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. 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 foster adult Income from all sources 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 excluded [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 temporarily 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 90 consecutive days or less is considered temporarily absent and continues to be considered a family member. An individual who is or is expected to be absent from the assisted unit for more than 90 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below. It is the responsibility 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 3.I.c Packet Pg. 493 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-4 considered 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 return 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. 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 Permanently 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 responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. At the family’s request, this 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. 3.I.c Packet Pg. 494 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-5 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 head, 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 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, school records, 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. (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 assignment 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 temporary. 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 voucher will be transferred to the caretaker and the income of 3.I.c Packet Pg. 495 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-6 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 income 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 as 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-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: 3.I.c Packet Pg. 496 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-7 If EIV or other UIV data is not available, If the family disputes the accuracy 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 employee 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 weeks). 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 interim 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 anticipate annual income, they will be dated within the last 60 days of the reexamination interview date. 3.I.c Packet Pg. 497 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-8 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. 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 received 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 CFR 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 that 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 cumulative days in any 12-month period, is temporary 3.I.c Packet Pg. 498 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-9 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.) Children’s Earnings 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 of $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 certificate program [HCV GB, p. 5-29]. Income of a Live-in Aide Income earned by a live-in aide, employed by Section 8 recipients, 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.) 3.I.c Packet Pg. 499 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-10 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 federal 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, 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 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 and Local Employment Training Programs Incremental earnings and benefits to any family member resulting 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 are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clearly 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 with goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period of time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It may have performance standards to 3.I.c Packet Pg. 500 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-11 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 Notice 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 assistance and earnings of the family member after enrollment in the program [expired Notice PIH 98-2, pp. 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 most 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, Community 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 be 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. 3.I.c Packet Pg. 501 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-12 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [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 individuals 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 person 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 applicable 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 job-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 earnings 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 Title 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 assistance, 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 Disallowance Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member’s current income with his or her “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. 3.I.c Packet Pg. 502 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-13 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 excluded. PHA Policy 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. BUSINESS 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)]. 3.I.c Packet Pg. 503 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-14 Business Expenses Net income is “gross income less business expense” [HCV GB, p. 5-19]. PHA Policy To determine 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 regulations 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 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 amortization 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. 3.I.c Packet Pg. 504 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-15 Withdrawal of Cash or Assets from a Business 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-owned Businesses 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 document the reasons for the difference. 6-I.G. ASSETS [24 CFR 5.609(B)(3); 24 CFR 5.603(B)] Overview There is no asset limitation for participation in the HCV program. However, HUD requires that the PHA include in annual income the anticipated “interest, dividends, 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 order 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 Exhibit 6-1 provides the regulatory requirements for calculating income from 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. 3.I.c Packet Pg. 505 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-16 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 Anytime 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 Payments 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 assets, 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 represent the delayed start of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.) 3.I.c Packet Pg. 506 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-17 Imputing 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 assets. 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. Imputed 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 initially set the imputed asset passbook rate at the national rate established by the Federal Deposit Insurance Corporation (FDIC). The PHA will review the passbook rate annually. 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. The effective date of changes to the passbook rate will be determined at the time of the review. Determining 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, the market value of the 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 property’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 investment will be included in income except to the extent that the withdrawal reimburses amounts invested by the family. For example, when a 3.I.c Packet Pg. 507 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-18 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 derived (during the 12-month period) from assets to which any member of the family has access.” PHA Policy 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 asset. 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 have 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 for Less than 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 examination/reexamination, except as noted below. Minimum Threshold The HCV 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, the income assigned to the disposed asset(s) also expires. If the two-year period ends between annual recertifications, the family may request an interim recertification to eliminate consideration of the asset(s). 3.I.c Packet Pg. 508 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-19 Assets placed by the family in nonrevocable 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 agreement 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 Declaration PHA Policy Families must sign a declaration 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 Checking and Savings Accounts For regular checking accounts and savings 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. 3.I.c Packet Pg. 509 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-20 PHA Policy In determining the value of checking accounts and saving accounts, the PHA will use the current balance. In determining the anticipated income from an interest-bearing checking 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 Certificates, and Money Market Funds Interest or dividends earned by investment 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 asset 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 rate 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 earnings for the 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 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. 3.I.c Packet Pg. 510 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-21 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 in 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 program 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 real 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 part of an 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 is the market value minus the balance 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 form 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 principal) 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. 3.I.c Packet Pg. 511 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-22 PHA Policy 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, whether 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 distributed 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 Section 6-I.H. Lump-sum receipts are discussed earlier in this section.) Retirement Accounts 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 periodic 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. 3.I.c Packet Pg. 512 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-23 (For more on periodic payments, see section 6-I.H.) The balance 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 valued at $30,000.00 or higher, etc., is considered an asset [HCV GB, p. 5-25]. PHA Policy In determining the 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 family’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 the family must cooperate with the appraiser, but cannot be charged any costs related to the appraisal. Generally, personal 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 from the asset. Necessary 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 3.I.c Packet Pg. 513 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-24 that the family could elect to receive, the anticipated 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 payments 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 circumstance) be “cashed in.” Payments are usually monthly, but they can also be quarterly or annual. 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 social security, unemployment and welfare assistance, annuities, insurance policies, retirement funds, and pensions. However, periodic payments from 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 social security or supplemental security income (SSI) payments are 3.I.c Packet Pg. 514 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-25 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 excluded 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 repayment agreement with the PHA. DISTRIBUTIONS FROM IRREVOCABLE TRUSTS WHEN PRINCIPAL CONSISTS OF LUMP-SUMS EXCLUDED FROM INCOME UNDER 24 CFR 5.609 (c)(3) Periodic payments in the form of distributions to a family are not counted in annual income when those distributions are from the principal of an irrevocable trust (such as a special needs trust) and when the principal consists of lump-sum additions to family assets excluded from annual income under 24 CFR 5.609 (c)(3). Any interest accruing from such lump-sum additions are included in annual income. 24 CFR 5.603 (b)(3). Periodic Payments Excluded 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)] 3.I.c Packet Pg. 515 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-26 • 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 payroll 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 Department 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)] if 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 are treated as lump-sum receipts [24 CFR 5.609(c)(3)]. (See 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 families covered by 24 CFR 5.615 are those “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 3.I.c Packet Pg. 516 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-27 must participate in an economic self-sufficiency program 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. 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 family 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 3.I.c Packet Pg. 517 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-28 reasonable efforts to collect amounts due, including filing with courts or agencies responsible 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 legal 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 contribution 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- cash contributions provided on a regular basis. Examples of regular contributions include: (1) regular payment of a family’s bills (e.g., utilities, telephone, 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. Nonmonetary 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 family (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 expenses 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); NOTICE PIH 2015-21] In 2005, Congress passed a law (for Section 8 programs only) requiring that 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. 3.I.c Packet Pg. 518 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-29 Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); 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 program. • 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 private 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, Academic 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 nongovernmental 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]. - 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 charged 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 included as tuition. Examples include, but are not limited to, room and board, books, 3.I.c Packet Pg. 519 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-30 supplies, meal plans, transportation and parking, student health insurance plans, and other non-fixed sum charges. 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 residing 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) 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 reimbursement 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 Supplemental 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)] • 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 property taxes paid on the dwelling unit [24 CFR 5.609(c)(15)] • 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)] 3.I.c Packet Pg. 520 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-31 • Amounts specifically 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 under 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 Department 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 Veterans Housing Opportunity Act of 2010 (only applies to Native American housing programs) (m) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)) (n) Payments received from programs funded under Title V of the Older Americans Act of 1985 (42 U.S.C. 3056(f)) 3.I.c Packet Pg. 521 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-32 (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 litigation, M.D.L. No. 381 (E.D.N.Y.) (Pub. L. 101–201 and 101–39) (p) Payments received under the Maine Indian Claims Settlement 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 received 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 Mescalero 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 by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109–249) (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 Workforce Investment 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); 3.I.c Packet Pg. 522 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-33 (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 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 payment 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 cases 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 considered 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 that the loan was made by the participant/applicant to the person repaying the loan. If no documentation is 3.I.c Packet Pg. 523 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-34 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. 3. Notarized loan repayment agreement executed 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. 3.I.c Packet Pg. 524 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-35 PART II: ADJUSTED INCOME 6-II.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 dependent; (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 childcare expenses necessary to enable a member of the 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., childcare during school and non-school periods and cyclical medical expenses), the PHA will estimate costs based on historic 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, 3.I.c Packet Pg. 525 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-36 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. 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 person 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 deduction is permitted only for families in which the head, spouse, or cohead is at least 62 or is a person living with disabilities. If a family is eligible for a medical expense deduction, the medical expenses of all family members are counted [VG, p. 28]. PHA Policy 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 3.I.c Packet Pg. 526 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-37 professional. Proof of direct administration or supervision will be required documentation for the specific medical condition. Dental cleanings 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 “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.” 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 Allowable 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 Prescription 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 Ambulance 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 health maintenance organization (HMO) Note: This chart provides a summary of eligible medical expenses only. Detailed information is provided in IRS Publication 502. Medical expenses are considered only to the extent they are not reimbursed by insurance or some other source. 3.I.c Packet Pg. 527 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-38 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. 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 expense [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 assistance 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. 3.I.c Packet Pg. 528 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-39 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 vehicles, 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 the animal, veterinary care, food, grooming, and other continuing costs of care, will be included. Eligible Attendant Care The family determines the type of attendant care that is appropriate for the person with disabilities. PHA Policy Attendant care includes, 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 persons with visual disabilities. 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 attendant care expense. However, if the person enabled to work is the person 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 attributable 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 3.I.c Packet Pg. 529 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-40 otherwise specified by the care provider, the calculation 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)]. However, 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, the 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 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.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 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 charges for 3.I.c Packet Pg. 530 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-41 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 expenses 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 consider 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 employment 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 PHA. 3.I.c Packet Pg. 531 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-42 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 full-time student, but the time spent in educational activities must be commensurate with the child care claimed. Being Gainfully Employed PHA Policy If the child care expense being claimed is to enable a family member to be gainfully employed, the family must provide 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 Deduction 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 still 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 income disallowance (EID) or a full-time student whose earned income above $480 is excluded, child care costs related to enabling a family member to work 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 expenses 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]. 3.I.c Packet Pg. 532 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-43 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 period, 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 Care 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 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 not 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. 3.I.c Packet Pg. 533 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-44 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 child care costs, the PHA will use the schedule of child care costs from a qualified local entity that either subsidizes child care costs or licenses child care providers. Families may present, and the PHA will consider, justification for costs that exceed typical costs in the area. 3.I.c Packet Pg. 534 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-45 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 share) 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 minimum 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 family 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 3.I.c Packet Pg. 535 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-46 income used for this determination must have been verified no earlier than 60 days before the family’s voucher was issued. (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 the 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.) Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] When the PHA subsidy for 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, but 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. Reimbursements 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 would 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 because the PHA has established a minimum rent of $50.00. 3.I.c Packet Pg. 536 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-47 Overview If the PHA establishes a minimum rent greater than zero, the 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 is 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 federal, state, or local assistance program. This includes a family member who is a noncitizen 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 decision to deny assistance. A family whose request for assistance is denied may request a hardship exemption based upon one of the other allowable 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 or tenant-paid utilities. (3) Family income has decreased because of changed family circumstances, including the loss of employment. (4) A death has occurred in the family. 3.I.c Packet Pg. 537 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-48 PHA Policy In order to qualify under this provision, a family must describe how the 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. The 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 rent Minimum rent $0 $15 N/A $50 30% of monthly adjusted income 10% of monthly gross income Welfare rent Minimum rent Minimum rent applies. TTP = $50 Hardship exemption granted. TTP = $15 3.I.c Packet Pg. 538 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-49 PHA Policy To qualify for a hardship exemption, a family must submit a request for a hardship exemption in writing. The request must explain the nature of the hardship and 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. 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 hardship 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 payment 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 hardship 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 3.I.c Packet Pg. 539 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-50 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 minimum 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 begins 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. 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 16. Payment standard 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 established an exception payment standard for a designated part of a zip code are or 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 assistance payment (HAP) for a family that is the lower of (1) the payment standard for the family minus the family’s TTP or (2) the gross rent for the family’s unit minus the TTP. 3.I.c Packet Pg. 540 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-51 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 Payment 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 a PHA changes its payment standard schedule, resulting in a lower payment standard amount, during the term of a HAP contract, the PHA is not required to reduce the payment standard used to calculate subsidy for families under HAP contract as long as the HAP contract remains in effect [FR Notice 11/16/16]. However, if the PHA does choose to reduce the payment standard for families currently under HAP contract, the initial reduction to the payment standard may not be applied any earlier than the effective date of the family’s second regular reexamination following the effective date of the decrease in the payment standard amount. At that point, the PHA may either reduce the payment standard to the current amount in effect on the PHA’s payment standard schedule, or may reduce the payment standard to another amount that is higher than the normally applicable amount on the schedule. The PHA may also establish different policies for designated areas within their jurisdiction (e.g., different zip code areas). In any case, the PHA must provide the family with at least 12 months’ notice that the payment standard is being reduced before the effective date of the change. The PHA’s policy on decreases in the payment standard during the term of the HAP contract apply to all families under HAP contract at the time of the effective date of the decrease in the payment standard within the designated area. PHA Policy If a PHA changes its payment standard schedule resulting in a lower payment standard amount, during the term of a HAP contract, the PHA will not reduce the payment standard used to calculate subsidy for families under HAP contract as long as the HAP contract remains in effect. The PHA will not establish different policies for decreases in the payment standard for designated areas within their jurisdiction. 3.I.c Packet Pg. 541 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-52 Increases 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 Family Unit Size (Voucher 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. 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 establish a higher payment standard for the family 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 family share and PHA subsidy. A family’s utility allowance is determined by the size of the dwelling unit leased by a family or 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. 3.I.c Packet Pg. 542 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-53 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]. Utility Allowance Revisions At reexamination, the PHA must use the PHA current utility allowance schedule [HCV GB, p. 18- 8]. 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 members were eligible and then prorate the assistance based upon the percentage of family members that 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. 3.I.c Packet Pg. 543 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-54 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, commissions, 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 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; (3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures 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 investment 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 derived 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) Payments 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); 3.I.c Packet Pg. 544 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-55 (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 260.311; 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 amount 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 allowances 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 that 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: GENERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 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 family’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 other 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). 3.I.c Packet Pg. 545 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-56 (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 situation 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. 3.I.c Packet Pg. 546 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-57 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, who 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 for 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 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; (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 defined 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); 3.I.c Packet Pg. 547 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-58 (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; (11) Earnings in excess of $480 for each full- time student 18 years old or older (excluding the head of household and spouse); (12) Adoption 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 dwelling 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) Amounts 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.] 3.I.c Packet Pg. 548 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-59 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 cases 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. Any 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 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 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 in 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. 3.I.c Packet Pg. 549 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-60 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). (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-sufficiency 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 under 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 families (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 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 program 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 3.I.c Packet Pg. 550 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-61 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. (3) Maximum 2-year disallowance. The disallowance of increased income of an individual family member who is a person with disability’s as provided in paragraph (c)(1) or (c)(2) of this section is 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). (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). 3.I.c Packet Pg. 551 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-62 EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION 24 CFR 5.615 Public housing 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-based 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 determining 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 program; 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 agency 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 benefit 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 3.I.c Packet Pg. 552 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-63 reexamination 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). (4) The amount of the imputed welfare income is offset by the amount of additional income a family 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 resident 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 family'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 does 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, in 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 correctly 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 3.I.c Packet Pg. 553 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-64 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 term 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 income 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. 3.I.c Packet Pg. 554 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-65 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 certain 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 institutions 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 1.18 36 month CD 0.58 1.33 48 month CD 0.72 1.47 60 month CD 0.94 1.69 3.I.c Packet Pg. 555 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-66 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 month 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 1National 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 available. 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. 2The 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 3.I.c Packet Pg. 556 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 6-67 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. 3.I.c Packet Pg. 557 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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, Notice PIH 2017-12] 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 family in order to collect the information. Applicants and program 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 verification guidance provided by HUD in Notice PIH 2017-12 and any subsequent guidance issued by HUD. This chapter summarizes those requirements and provides supplementary PHA policies. Part I describes 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 information obtained through the verification process will be handled in accordance with the records management policies of the PHA. During the verification process, the PHA will provide appropriate language assistance for LEP applicants and program participants, including interpretation services and translation of any vital documents, in accordance with the PHA LEP Plan. 3.I.c Packet Pg. 558 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 must 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 sign 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 form. 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) and the Social Security Administration (SSA). Adult family members must sign other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Penalties for Failing to Consent [24 CFR 5.232] If any family member 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 procedures. 7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS HUD’s Verification Hierarchy [Notice PIH 2017-12] 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. In order of priority, the forms of verification that the PHA will use are: • Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) system 3.I.c Packet Pg. 559 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-3 • 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. Requirements for Acceptable Documents PHA Policy Any documents used for verification must be the original (not photocopies) and generally must be dated within 60 days of the PHA request. The documents must not be damaged, altered, or in any way illegible. Print-outs from webpages are considered original documents. The PHA staff member who views the original document must scan the document into the PHA secure 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 recorded 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 3.I.c Packet Pg. 560 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-4 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 2017-12]. 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. There may be legitimate differences between the information provided by the family and UIV- generated information. If the family disputes the accuracy of UIV data, no adverse action can be taken until the PHA has independently verified the UIV information and the family has been granted 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. Upfront Income Verification Using HUD’s Enterprise Income Verification (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, Social Security benefits, and SSI benefits for participant families. The following policies apply to the use of HUD’s EIV system. 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 will 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 Chapter 6-I.C. Income reports may also be used to meet the regulatory requirement for third party verification, as described above. Policies for 3.I.c Packet Pg. 561 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-5 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 earned income, and to verify and calculate, unemployment benefits, Social 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 reexamination 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 Social Security 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 2017-12] 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 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 determines 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. 3.I.c Packet Pg. 562 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-6 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 WRITTEN 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 2017-12] 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. As verification of earned income, the PHA will require the family to provide the two most current consecutive pay stubs. At the PHA’s discretion, if additional paystubs are 3.I.c Packet Pg. 563 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-7 needed due to the family’s circumstances (e.g., sporadic income, fluctuating schedule, etc.), the PHA may request additional paystubs or a payroll record. 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. PHA 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 PIH 2017-12] 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. Third-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 name 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 response as oral verification but will also request that the source complete and return any verification forms that were provided. 3.I.c Packet Pg. 564 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-8 When Third-Party Verification is Not Required [Notice PIH 2017-12] Third-party verification may not be available in all situations. HUD has acknowledged that it may not be cost-effective or 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 charge required to obtain third-party verification, unless it is not cost effective in which case a 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 other 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 anticipated 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 3.I.c Packet Pg. 565 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-9 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 required third-party verification, self-certification, or “tenant declaration,” is used as a last resort when the PHA is unable to obtain third-party verification. Self-certification, 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 • The PHA has adopted a policy to implement streamlined annual recertifications 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 third-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 particular 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 information or status is being verified. All self- certifications must be signed in the presence of a PHA representative or PHA notary public. 3.I.c Packet Pg. 566 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-10 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 driver's license or Department of Motor Vehicles identification card U.S. military discharge (DD 214) Current U.S. passport Current government employer identification card with picture Certificate of birth Adoption papers Custody agreement Health and Human Services ID Certified school 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 January 31, 2010 and had not previously disclosed an SSN. 3.I.c Packet Pg. 567 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-11 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: • 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 government 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 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 the individual fails to comply with SSN disclosure and documentation requirements upon expiration of the provided time period, the PHA will terminate the individual’s assistance. If an applicant family includes a child under six years of age who joined the household within the six 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 unforeseen circumstances and was outside of the participant’s control. 3.I.c Packet Pg. 568 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-12 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 disaster, fire, death in the family, or other emergency. When a participant requests to add a new household member who is at least six years of age, or who is under the age of six 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 six 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 will be granted if the PHA determines that the participant’s failure to comply 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 other 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. 3.I.c Packet Pg. 569 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-13 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 six or older, the family must provide documentation of a valid social security number (SSN), or a self-certification 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 an SSN but cannot provide acceptable documentation of the number, the 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. If 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. If any family member obtains an 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 parent 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. 3.I.c Packet Pg. 570 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-14 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 original 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 the 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 relationships. 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. A marriage certificate generally is required to verify that a couple is married. 3.I.c Packet Pg. 571 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-15 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, utility bill, or driver’s license). In addition, the PHA will 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 verification 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: 3.I.c Packet Pg. 572 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-16 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 reports childcare 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: • 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 This 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 the 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. 3.I.c Packet Pg. 573 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-17 The student has at least one 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 will 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: Reviewing 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 relevant to determining whether the student meets the U.S. Department of Education’s definition of independent student (see Section 3-II.E) Reviewing the student’s prior year income tax returns to verify the student is independent or verifying the student meets the U.S. Department of Education’s definition of independent youth (see section 3-II.E) 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, except in cases in which the PHA determines that the student is a vulnerable youth (see section 3-II.E) 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 record(s). For more information on health care privacy laws, see the Department of Health and Human Services’ 3.I.c Packet Pg. 574 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-18 website at http://www.hhs.gov/ocr/privacy. The above cited regulation does not prohibit the following inquiries, provided these inquiries are made of 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 persons 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 with a particular type of disability • Inquiring 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 Disability Benefits Verification of the receipt of disability benefits from the Social Security Administration (SSA) is sufficient verification of disability for the purpose of qualifying for waiting list preferences (if applicable) or certain income disallowances 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) system. 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 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 letter 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 sufficient verification that the individual meets HUD’s definition of disability in 24 CFR 5.403. PHA Policy For family members claiming disability who do not receive disability benefits from the SSA, a knowledgeable professional must provide third-party verification that the family member meets the HUD definition of disability. See the Eligibility chapter for the HUD 3.I.c Packet Pg. 575 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-19 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 identifies 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 assault, or stalking, the PHA will grant the family an extension of at least 90 days in order to permit the family to obtain a replacement documentation. During the eligible immigration status verification process, the PHA will provide appropriate language assistance for LEP applicants and program participants, including interpretation services and translation of any vital documents, in accordance with the PHA 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 minors. The PHA may request verification of the declaration by requiring presentation of a birth certificate, United States passport 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 3.I.c Packet Pg. 576 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-20 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, pp. 5-3 and 5-7] For family members age 62 or older who claim to be eligible immigrants, proof of age is required in 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 Citizenship and Immigration Services (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 placement on the waiting list. PHA Policy The PHA will offer a preference to any family that has been terminated from its Section 8 HCV program due to insufficient program funding. The PHA will verify this preference using the PHA’s termination records. The PHA also offers a preference for victims of domestic violence, dating violence, sexual assault, or stalking, as described in Section 4-III.C. To verify that applicants qualify for the preference, the PHA will follow documentation requirements outlined in Section 16-IX.D. 3.I.c Packet Pg. 577 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-21 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, owner/relative occupancy from a rent controlled unit under Section 1806(a)(8) of the Santa Monica Rent Control Amendment, or owner-occupancy decontrol of a unit in a duplex or triplex 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 PHA must also verify that the family has not yet relocated to standard replacement housing. The verification should be provided by the displacing entity. Residency Preference: In 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 licenses, or voters registration records to verify residency. 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 25 hours weekly in Santa Monica. In order to qualify for a residential preference, homeless applicants must have become homeless in Santa Monica, must meet the definition of DedicatedPLUS and must be on the Santa Monica Service Registry. Continuum of Care or Supportive Housing Graduates: The PHA may prioritize a limited number of current Continuum of Care program participants (“CoC graduates”) or tenants residing in City-funded supportive housing properties in Santa Monica (“supportive housing graduates”) who are stable and no longer require service participation to prevent them from recycling into homelessness. Eligibility for such preference must be documented by the current supportive services provider for the CoC program participant in the form indicated in Chapter 19. Project-Based Targeting: The PHA may offer additional preferences for the PBV program or for particular PBV projects or units. Applicants for these programs must meet additional, specific eligibility requirements. 3.I.c Packet Pg. 578 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-22 PART III: 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 require 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: 3.I.c Packet Pg. 579 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-23 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. If accelerated depreciation was used on the tax return or financial statement, an accountant's calculation of depreciation expense, computed using straight-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 submitted 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 benefit verification letter from SSA’s Web site at www.ssa.gov or ask the family to request one by calling SSA at 1-800-722-1213. Once the applicant has received the benefit verification letter, they will be required to provide it to the PHA. 3.I.c Packet Pg. 580 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-24 To verify the SS/SSI benefits of participants, the PHA will obtain information about social security/SSI benefits through the HUD EIV System, and confirm with the participant(s) that the current listed benefit amount is correct. If 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 family 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 benefit verification letter, they will be required to provide it to the PHA. 7-III.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. 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 the 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 enforcement 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: Families are not required to undertake independent enforcement action. 3.I.c Packet Pg. 581 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-25 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 of 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 PROPERTY 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 of 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. 3.I.c Packet Pg. 582 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-26 7-III.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 family member’s retirement status. Before retirement, the PHA will accept an 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 effective date of the examination. Upon retirement, the PHA will accept an 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 an 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-III.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]. 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 3.I.c Packet Pg. 583 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-27 excluded and the remainder is included in annual income (for example, the income of an adult full-time student, or income excluded under the earned income disallowance). PHA Policy The PHA will accept the family’s self-certification as verification of fully excluded income. The PHA may request additional documentation if necessary to document the income 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 Policy Families who report zero income are required to complete a written certification every 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 food, 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 verifications to verify that income from public benefits (e.g. unemployment benefits, TANF, SS, SSI and earnings) are not being received by families claiming to have zero annual income. 7-III.J. STUDENT FINANCIAL ASSISTANCE [NOTICE PIH 2015-21] Any financial assistance, in excess of amounts received for tuition, fees, and other required charges 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 assistance 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). 3.I.c Packet Pg. 584 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-28 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, fees, and other required charges. 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 ELIGIBILITY 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 or a vulnerable youth in accordance with PHA policy [24 CFR 5.612, FR Notice 4/10/06, p. 18146, and FR Notice 9/21/16]. This provision does not apply to students residing with parents who are seeking or receiving HCV assistance. It is limited to students who are seeking or receiving assistance on their own, separately from their parents. PHA Policy If the PHA is required to determine the income eligibility 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. The 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 (IRS) tax returns, consecutive and original pay stubs, bank statements, pension benefit statements, benefit award letters, and other official and authentic documents from a federal, state, or local agency. 3.I.c Packet Pg. 585 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-29 PART IV: VERIFYING MANDATORY DEDUCTIONS 7-IV.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 verifications 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 family 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-IV.B. MEDICAL EXPENSE DEDUCTION 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 Expense Claim form completed by the family. Written third-party documents provided by the family, such as pharmacy printouts or receipts. The 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. 3.I.c Packet Pg. 586 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-30 Written third-party verification forms, if the family is unable to provide acceptable documentation. If third-party 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 qualified medical expenses. • 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-head 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 eligible 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 the expenses are not paid or reimbursed from any other source. Expenses Incurred in Past Years PHA Policy When anticipated costs are related to ongoing payment of medical bills incurred in past years, the PHA will verify: 3.I.c Packet Pg. 587 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-31 • 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-IV.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 not available, the PHA will provide a third-party verification form directly to the care provider requesting the needed information. Expenses for attendant care will be verified through: 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, written family certification as to costs 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. 3.I.c Packet Pg. 588 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-32 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 estimated 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 members, 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 Rehabilitation agency or knowledgeable medical professional indicating that the person with 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, the family must certify that the disability assistance expense frees a family member, or members (possibly including the family member receiving the assistance), to work. Unreimbursed Expenses To be eligible for the disability expenses deduction, the costs must not be reimbursed by another source. 3.I.c Packet Pg. 589 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-33 PHA Policy The family will be required to certify that attendant care or auxiliary apparatus expenses are not paid by or reimbursed to the family from any source. 7-IV.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 this 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 childcare. • The costs are reasonable. Eligible Child To be eligible for the childcare 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 children) is under the age of 13 (See 7-II.C.). Unreimbursed Expense To be eligible for the childcare 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 childcare expenses 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 relationship of the family member(s) to the child, and any 3.I.c Packet Pg. 590 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-34 special needs of the child that might help determine which family member is enabled to pursue an eligible activity. Seeking Work Whenever possible the PHA will use documentation from a state or local agency 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 childcare is enrolled and provide information about the timing of classes 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 childcare. In cases in which two or more 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, but 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 provider cover only child care costs (e.g., no housekeeping services or personal services) and are paid only for the care 3.I.c Packet Pg. 591 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-35 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 childcare 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 childcare costs can be deducted. 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 exceed typical costs in the area, the PHA will request additional documentation, as required, to support a determination that the higher cost is appropriate. 3.I.c Packet Pg. 592 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 7-36 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, PP. 5-9 AND 5-10] • All noncitizens 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 form • Additional documents are required based upon the person's status. Elderly Noncitizens • 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 Noncitizens • 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 Record 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 3.I.c Packet Pg. 593 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 Section 8 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. HUD also requires 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 Section 8 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. 3.I.c Packet Pg. 594 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 Section 8 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 about 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 3.I.c Packet Pg. 595 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-3 appearance of the facilities is acceptable. Exhibit 8-2 summarizes those items that are considered tenant preferences. 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 modifications 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 reasonable 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 alteration 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 owner 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 not likely to adversely affect the health or safety of participant families or severely restrict housing choices 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. 3.I.c Packet Pg. 596 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-4 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, the PHA has adopted the following specific requirements that elaborate on HUD standards. Security 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 gas 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 manufacturer’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 contain 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 3.I.c Packet Pg. 597 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-5 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 owner 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. Regulation of Smoking Under Santa Monica Municipal Code § 4.44, units are designated as either “Smoking” or “Non- Smoking” by the landlord. Units currently occupied by a tenant which are designated as “Smoking” units will continue as such and be grandfathered for the lifetime of that tenant’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); FR NOTICE 1/18/17] 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 A fuel storage vessel, fluid line, valve, or connection that supplies fuel to a HVAC unit is leaking or a strong odor is detected with potential for explosion or fire or that results in a health risk if inhaled Any electrical problem or condition that could result in shock or fire 3.I.c Packet Pg. 598 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-6 A light fixture is readily accessible, is not securely mounted to the ceiling or wall, and electrical connections or wires are exposed A light fixture is hanging by its wires A light fixture has a missing or broken bulb, and the open socket is readily accessible to the tenant during the day-to-day use of the unit A receptacle (outlet) or switch is missing or broken and electrical connections or wires are exposed An open circuit breaker position is not appropriately blanked off in a panel board, main panel board, or other electrical box that contains circuit breakers or fuses A cover is missing from any electrical device box, panel box, switch gear box, control panel, etc., and there are exposed electrical connections Any nicks, abrasions, or fraying of the insulation that exposes conducting wire Exposed bare wires or electrical connections Any condition that results in openings in electrical panels or electrical control device enclosures Water leaking or ponding near any electrical device Any condition that poses a serious risk of electrocution or fire and poses an immediate life-threatening condition 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 Any components that affect the function of the fire escape are missing or damaged Stored items or other barriers restrict or prevent the use of the fire escape in the event of an emergency The building’s emergency exit is blocked or impeded, thus limiting the ability of occupants to exit in a fire or other emergency Absence of a functioning toilet in the unit 3.I.c Packet Pg. 599 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-7 Broken glass where someone could be injured Inoperable or missing smoke detectors Missing or inoperable carbon monoxide detector Missing, damaged, discharged, overcharged, or expired fire extinguisher (where required) Gas/oil-fired water heater or heating, ventilation, or cooling system with missing, damaged, improper, or misaligned chimney venting The chimney or venting system on a fuel-fired water heater is misaligned, negatively pitched, or damaged, which may cause improper or dangerous venting or gases A gas dryer vent is missing, damaged, or is visually determined to be inoperable, or the dryer exhaust is not vented to the outside A fuel-fired space heater is not properly vented or lacks available combustion air A non-vented space heater is present Safety devices on a fuel-fired space heater are missing or damaged The chimney or venting system on a fuel-fired heating, ventilation, or cooling system is misaligned, negatively pitched, or damaged, which may cause improper or dangerous venting of gas Deteriorating paint as defined at 24 CFR 35.110 in a unit built before 1978 that is to be occupied by a family with a child under six years of age if it would prevent the family from moving into the unit 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 the 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. 8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] Family Responsibilities The family is responsible for correcting the following HQS deficiencies: 3.I.c Packet Pg. 600 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-8 • Tenant-paid utilities not in service • Failure to provide 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., vermin 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 ELEVATED BLOOD LEAD LEVEL [24 CFR 35.1225; FR NOTICE 1/13/17; NOTICE PIH 2017-13] If a PHA 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 six years of age, living in an HCV-assisted unit has been identified as having an elevated blood lead level, the PHA must complete an environmental investigation of the dwelling unit within 15 calendar days after being notified by a public health department or other medical health care provider. The environmental investigation must be completed in accordance with program requirements, and the result of the environmental investigation 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 environmental investigation 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; 40 CFR 745.227]. 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 related to children with an elevated blood lead level are discussed in Chapter 16. 3.I.c Packet Pg. 601 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-9 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 least one bedroom or living/sleeping room for each two persons 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 bugs are a growing national problem. The purpose of this policy is to set forth the roles and responsibilities of all parties (The PHA, Tenant, and Landlord) in minimizing the potential for bed bugs. The policy will also provide guidance in cases where bed bugs are present in order to eliminate them as quickly as possible. Bed bugs are difficult to contain without the proper treatment. Therefore, it is imperative that all parties work simultaneously toward a common goal, extermination and elimination. Left untreated, bed bugs can spread throughout a residence affecting current and future tenants. PHA Policy Subsequent 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 responsibility 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. 3.I.c Packet Pg. 602 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-10 Landlord Roles and Responsibilities The contract requires the landlord to maintain the contract unit and its premises in accordance with Housing Quality Standards (HQS). If bed bugs are present (as observed and documented by a County of Los Angeles inspector), it is the responsibility of the landlord, as stated in the HQS (CFR 982.401), to ensure that the dwelling unit and its equipment be in sanitary condition and free of vermin and rodent infestation. In order to comply with the HQS, if the presence of bed bugs is suspected, the landlord must notify the PHA immediately and it is strongly recommended that the landlord contact an extermination professional 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 necessary, a ‘Bed Bug Management Plan Landlord/Tenant Certification Statement’ describing the treatment performed must be provided to the PHA by the landlord within 72 hours of final treatment is required. Failure to comply with the above requirements is a direct violation of the HAP contract and may result in abatement, termination of the contract and/or suspension of eligibility of the affected unit to participate in the housing programs. Tenant Roles and Responsibilities The contract requires the tenant to keep the unit and its premises free from damage. Therefore, if the presence of bed bugs is suspected, it is the tenant’s responsibility to notify the landlord and the PHA immediately in order to minimize any potential damage to the unit. In addition, it is the responsibility of the tenant to work cooperatively with the landlord and/or extermination professional to ensure the successful elimination of bed bugs. Tenant non- compliance may result in the loss of their voucher. 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. 3.I.c Packet Pg. 603 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-11 PHA Roles and Responsibilities: The PHA will ensure the landlord maintains the unit within HQS guidelines and provide guidance on the resolution of any potential bed bug problems. The PHA will also require all program participants and landlords to disclose at intake, recertification, and inspection any exposures to bed bugs within the last 12-month period. 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 owner and resident rights and responsibilities related to infestations and housing physical condition standards. 3.I.c Packet Pg. 604 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-12 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. • 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. Inspection 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 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 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 may not charge the family 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 3.I.c Packet Pg. 605 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-13 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. 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 activities related to the provision of tenant-based assistance. PHA Policy The PHA will not charge a fee for failed reinspections. Remote Video Inspections (RVIs) [Notice PIH 2020-31] As an alternative to some or all on-site inspections, the PHA may, but is not required to, perform HQS inspections from a remote location using video streaming technology and a proxy at the inspection site. Since there may be some circumstances in which the application of technology provides insufficient information or evidence to allow the PHA to make appropriate determinations about whether a condition violates HQS, Notice PIH 2020-31 requires that if a PHA chooses to implement RVIs, the PHA should have policies and procedures in place to address such limitations. PHA Policy The PHA may conduct HQS inspection using RVI. 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 emergency, 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 the PHA’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. 3.I.c Packet Pg. 606 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-14 Owner and Family Inspection Attendance HUD permits the PHA to set policy regarding family and owner presence at the time of inspection [HCV GB p. 10-27]. PHA Policy When a family occupies the unit at the time of inspection an authorized adult 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)] Initial Inspections [FR Notice 1/18/17] The PHA may, but is not required to, approve assisted tenancy and start HAP if the unit fails HQS inspection, but only if the deficiencies identified are non-life-threatening. Further, the PHA may, but is not required to, authorize occupancy if a unit passed an alternative inspection in the last 24 months. PHA Policy The unit must pass the HQS inspection on or before the effective date of the HAP contract. The PHA will not rely on alternative inspections and will conduct an HQS inspection for each unit prior to executing a HAP contract with the owner. Timing of Initial Inspections 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 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 Request for Tenancy Approval (RTA). 3.I.c Packet Pg. 607 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-15 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 correcting 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-approved 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 Generally, 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 [Form HUD-52580] 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 the 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 inspection may be scheduled within 30 days of HAP contract approval at the discretion of the PHA. 3.I.c Packet Pg. 608 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-16 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CRF 982.405; AND 982.406; NOTICE PIH 2016- 05] PHA Policy Each Voucher unit under contract must be inspected biennially within 24 months of the last full HQS inspection. The PHA reserves the right to require annual inspections of any unit or owner at any time. All other housing programs require annual inspections. The PHA will not rely on alternative inspection standards. Scheduling the Inspection PHA Policy If an adult 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 original 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 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. 8-II.D. SPECIAL INSPECTIONS [24 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. 3.I.c Packet Pg. 609 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-17 PHA Policy During a special inspection, the PHA generally will inspect only those 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/biannual inspection has been scheduled or is due within 120 days of the date the special inspection is scheduled the PHA may elect to conduct a full annual/biannual inspection. 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(B); 24 CFR 985.3(E); 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 three months. The selected sample should be drawn to represent a cross section of neighborhoods and the work of a cross section of inspectors. 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- threatening 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 the PHA’s LEP Plan. PHA Policy When life-threatening conditions are identified, the PHA will immediately notify both parties by telephone or email. The notice will specify who is responsible for correcting the violation. The corrective actions must be taken within 24 hours of 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 five business days of the inspection. The written notice will specify who is responsible 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 conditions are not corrected within 24 hours, and non-life threatening conditions are not corrected 3.I.c Packet Pg. 610 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-18 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 the 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 policy (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 weather conditions, 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 reinspection 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 reinspection, 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 3.I.c Packet Pg. 611 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-19 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 the 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 impedes walkways 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 with HQS, the PHA must take prompt and vigorous action to enforce the owner obligations. 3.I.c Packet Pg. 612 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-20 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 (such 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 payments 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 abated 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 will inspect abated units within five 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 be 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 permit 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 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. 3.I.c Packet Pg. 613 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-21 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 family for the cost of the repair. 3.I.c Packet Pg. 614 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-22 PART III: RENT REASONABLENESS [24 CFR 982.507] 8-III.A. OVERVIEW 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 programs. HUD regulations define 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 Annual Rent Increases The PHA must make a rent reasonableness determination at initial occupancy and whenever there is 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) will assist the family with the negotiations upon request. At initial occupancy the PHA must determine whether the proposed rent is reasonable before a contract is signed. The owner must not change the rent during the initial lease term. 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. 3.I.c Packet Pg. 615 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-23 PHA Policy After the initial occupancy period, rent increase requests shall be timed with a tenant’s annual re-examination. Only one increase in a 12-month period is allowed. Annual Adjustments are established by Santa Monica Rent Control Department annual percentage adjustments only and this allowable increase will be effective October 1st of each year. 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. All rents adjustments will be effective the first of the month following the PHA’s 30 day notice to the tenant. 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 10 percent decrease in 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 time. 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. 3.I.c Packet Pg. 616 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-24 • 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-controlled by local ordinance. [Notice PIH 2002-22, Notice PIH 2005-20, and Notice PIH 2020-19]. Note: Notice PIH 2020-19, issued August 21, 2020, provides further guidance on the issue of what constitutes an assisted unit. 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 more 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 Collected PHA Policy The data will be maintained by bedroom size and market area. Market area is defined as located in the City of Santa Monica. The data, obtained from Rent Control, will be updated on an ongoing basis and rent information for decontrolled units that are more than 12 months old will be eliminated from the database. 3.I.c Packet Pg. 617 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-25 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, leased within the last 12 months. 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 accuracy of the information provided and consider this additional information when making rent determinations. The owner must submit any additional information within five business days of the PHA’s request for information or the owner’s request to submit information. Rent adjustments are not allowed 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. Rent increases shall be timed with a tenant’s annual re-examination. Only one increase in a 12-month period is allowed. Annual Adjustments are established by Santa Monica Rent Control Department annual percentage adjustments only and this allowable increase will be effective October 1 of each year; 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 (This also applies to affordable apartments subject to deed-restricted affordability covenant). Santa Monica laws limit rents on rent-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. 3.I.c Packet Pg. 618 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-26 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 sanitary 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 indoor 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 3.I.c Packet Pg. 619 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-27 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. 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 from 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", • Stabilize deteriorated painted surfaces and conduct hazard reduction activities within 30 days 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 family to report deteriorated paint • Maintain covered housing without deteriorated paint if there is a child under six in the family 3.I.c Packet Pg. 620 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-28 For units occupied by elevated blood lead level (lead poisoned) children under six years of age, an environmental investigation must be conducted (paid for by the PHA). If lead hazards are identified during the environmental investigation, the owner must complete hazard reduction activities within 30 days. 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 maintenance 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. 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 dwelling 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. 3.I.c Packet Pg. 621 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-29 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 Inspection 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 with 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 facilities 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 family 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, presence 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 standards) 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 carpeting 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. 3.I.c Packet Pg. 622 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 8-30 (8) Sanitary Conditions. The family determines whether the sanitary conditions in the unit, including minor infestations, are acceptable. (9) Neighborhood conditions. Families may determine whether neighborhood conditions such as the presence 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. 3.I.c Packet Pg. 623 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 execute 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 program 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 responsibility 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 5.2005(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)]. 3.I.c Packet Pg. 624 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-2 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)]. 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 may not disclose to the owner any confidential information provided by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except at the written request or with the written consent of the individual providing the documentation [42 U.S.C. § 14043e-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 owner. 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 the 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-prescribed 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 requested 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 the prior rent and the proposed rent. 3.I.c Packet Pg. 625 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-3 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 paint 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 behalf of the family. 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 the 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 accepted 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 owner and family by phone, fax, or email. The PHA will use mail when the parties cannot be reached by phone, fax, or email. 3.I.c Packet Pg. 626 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-4 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 the 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 market 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; college or other school dormitories; units on the 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-Owned 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 the 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 pressure or steering by the PHA. PHA Policy The PHA does not have any eligible PHA-owned units available for leasing under the voucher program. 3.I.c Packet Pg. 627 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-5 Assisted Living Facilities [Notice PIH 2012-40 (HA)] In accordance with the definition under Section 232(b) of the National Housing Act (12 USC 1715w(b)), an assisted living facility is a public facility, proprietary facility, or facility of a private nonprofit corporation that: (1) is licensed and regulated by the State (or if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located); (2) makes available to residents supportive services to assist the residents in carrying out activities of daily living, such as bathing, dressing, eating, getting in and out of bed or chairs, walking, going outdoors, using the toilet, laundry, home management, preparing meals, shopping for personal items, obtaining and taking medication, managing money, using the telephone, or performing light or heavy housework, and which may make available to residents home health care services, such as nursing and therapy; and (3) provides separate dwelling units for residents, each of which may contain a full kitchen and bathroom, and which includes common rooms and other facilities appropriate for the provision of supportive services to the residents of the facility. Assisted living facilities may be referred to as residential care facilities, adult care facilities, congregate care facilities or group homes as long as they meet the requirements noted above. Assisting living facilities are designed for residents who have the physical ability to live independently but need assistance with some activities of daily living such as personal care, transportation, meals, laundry, medication monitoring, security and housekeeping. A person residing in an assisted living unit must not require continual medical or nursing care. 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 PHA may submit a request for a waiver of 24 CFR § 982.508 and § 982.305(a)(5) through the waiver process under 24 CFR § 5.110 to require a family to pay more than 40 percent of its monthly adjusted income for an assisted unit, in order to allow the family to lease an assisted living unit that would otherwise be disapproved because the family share would exceed 40 percent of monthly adjusted income. HUD will review such requests on a case-by-case basis and may grant the waiver if HUD determines the request demonstrates good cause. HUD would expect that such requests would not result in the family share exceeding 70 percent of the family’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 assistance in a number of special housing types in accordance with the specific 3.I.c Packet Pg. 628 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-6 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 regulations 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 receive 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 tenant- 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; • Tenant-based assistance under the HOME Program; • Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of the Rural Development 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. Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401] In order 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 3.I.c Packet Pg. 629 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-7 local standards approved by HUD. See 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 dwelling 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 payment (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)] 3.I.c Packet Pg. 630 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308] If the owner uses a standard lease form 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. All provisions in the HUD-required Tenancy Addendum must be added word-for-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 other provisions of the lease. PHA Policy The PHA does not provide a model or standard dwelling lease for owners to use in the HCV program. 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 identify 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. 3.I.c Packet Pg. 631 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-9 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 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. However, if the PHA chooses to do so, language to this effect must be added to Part A of the contract [Form HUD-52641]. 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. Therefore, 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 may 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 owners 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 families 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 agreement 3.I.c Packet Pg. 632 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-10 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 services 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 agreements 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 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 92.253 (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. 3.I.c Packet Pg. 633 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-11 • 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 State 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. 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 promptly 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 chapter 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 3.I.c Packet Pg. 634 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-12 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, and 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 fax. 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 the 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 for 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 submitted by another family and the initial inspection is less than sixty (60) days old. 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 agrees to make housing assistance payments to the owner on behalf of the family, and the owner agrees to comply with all program requirements as stated in the HAP contract. 3.I.c Packet Pg. 635 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-13 The contract form is prescribed by HUD. If the PHA has given approval for the family of the assisted tenancy, the owner and 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 assistance 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 family 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 PHA 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. As required under VAWA 2013, once the HAP contract and lease have been executed and the family has been admitted to the program, the PHA will notify families of their rights under VAWA by providing all families with a copy of the domestic violence certification form (HUD-5382) as well as the VAWA notice of occupancy rights (form HUD-5380). See Chapter 13 for a discussion of the contract and contract provisions. 3.I.c Packet Pg. 636 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 9-14 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 remain in accordance with the requirements of this chapter. 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 required. 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 this 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 go 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 reasonable, 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 requesting 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. 3.I.c Packet Pg. 637 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 Section 8 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: Moving with Continued Assistance. This part covers the general rules that apply to all moves by a family assisted 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. 3.I.c Packet Pg. 638 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-2 PART I: MOVING WITH CONTINUED ASSISTANCE 10-I.A. ALLOWABLE MOVES HUD lists 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 terminate 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 982.354(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 982.354(d)(1)]. • The lease for the family’s unit has been terminated by mutual agreement of the owner and the family [24 CFR 982.354(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 process 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, sexual 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)]. The PHA must adopt an emergency transfer plan as required by regulations at 24 CFR 5.2007(e). PHA Policy If a family requests permission to move with continued assistance for an external transfer to another covered housing program operated by the PHA 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 that the resident request the emergency transfer using form HUD- 5383, and the PHA will request documentation in accordance with section 16-IX.D of this plan. 3.I.c Packet Pg. 639 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-3 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 may choose to provide a voucher to facilitate an emergency transfer of the victim without first terminating the assistance of the perpetrator. Before granting an emergency transfer, the PHA will ensure the victim is eligible to receive continued assistance based on the citizenship or immigration status of the victim. The PHA has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan and discusses external transfers to other covered housing programs. • The PHA has terminated the HAP contract for the family’s unit for the owner’s breach [24 CFR 982.354(b)(1)(i)]. • The PHA determines that the family’s current unit does not meet the HQS space standards because of an increase in family size or a change in family composition. In such cases, the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit within 60 days. The PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica. 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. RESTRICTIONS ON MOVES 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 restrict moves by a family. Denial of Moves HUD regulations permit the PHA to deny a family permission to move under the following conditions: 3.I.c Packet Pg. 640 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-4 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 982.354(e)(1)]. However, Notices PIH 2016-09 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 move 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;(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; and (d) for portability moves, the receiving PHA is not absorbing the voucher. If the PHA does not have sufficient funding for continued assistance, but the family must move from their unit (e.g., the unit failed HQS), the family may move to a higher cost unit if the move is within the PHA’s jurisdiction. The PHA, however, will not allow the family to move under portability in this situation if the family wishes to move to a higher cost area. For both moves within the PHA’s jurisdiction and outside under portability, the PHA will not deny a move due to insufficient funding if the PHA previously approved the move and subsequently experienced a funding shortfall if the family cannot remain in their current unit. The PHA will rescind the voucher in this situation if the family will be allowed to remain in their current unit. The PHA will create a list of families whose moves have been denied due to insufficient funding. The PHA will keep the family’s request open indefinitely, and when funds become available, the families on this list will take precedence 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 3.I.c Packet Pg. 641 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-5 accommodations in accordance with HUD’s regulations at 24 CFR 100.204, 24 CFR 8.33, and 28 CFR 35.130, including reasonable accommodations relating to moves, that are necessary for a qualified individual with a disability to benefit from the program. In cases where the limitation on portability is compelled by regulation, the PHA will first assess whether the 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 982.354(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. In 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 982.354(c)] HUD regulations permit the PHA to prohibit any elective move by a participant family during 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 PHA may not establish a policy permitting moves only at reexamination [Notice PIH 2016-09]. 3.I.c Packet Pg. 642 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-6 PHA Policy The PHA will deny a family permission to make an elective move during the family’s initial lease term. 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 any 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 these policies 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 circumstances (e.g., new employment, school attendance in a distant area), or to address an emergency situation over which a family has no control. In addition, the PHA will allow exceptions to these policies 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 family 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 under portability, the notice to the PHA must specify the area where the family wishes to move [24 CFR 982.354(d)(2)]. The notices must be in writing [24 CFR 982.5]. Approval PHA Policy Upon receipt of a family’s notification that it wishes 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 following receipt of the family’s notification. 3.I.c Packet Pg. 643 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-7 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 simply 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. 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 voucher within 15 business days of the PHA’s written approval to move. The family must attend a voucher issuance appointment. The 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 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. Housing Assistance Payments [24 CFR 982.311(d)] When a family moves out of an assisted unit, the PHA may not make 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. 3.I.c Packet Pg. 644 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-8 PHA Policy If the family vacates the assisted unit on the 1st 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 considered to constitute a duplicative housing subsidy. 3.I.c Packet Pg. 645 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-9 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 PHA. 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 determine whether they will approve or deny the portability request [Notice PIH 2016-09]. 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 responsibilities. 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 portability, 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 administrative fee to an initial or receiving PHA if the PHA does not comply with HUD portability requirements [24 CFR 982.355(e)(7). 3.I.c Packet Pg. 646 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-10 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)]. 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 families 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 funding 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 established 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, the PHA may establish a policy denying 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 3.I.c Packet Pg. 647 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-11 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 participant 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 obligations but have moved to protect the health or safety of a family member who is or has been a 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 982.353(b)]. PHA Policy 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 sections 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. Determining 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 2016-09]. 3.I.c Packet Pg. 648 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-12 Participant Families 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 generally 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 exceptions 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 to 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 family wishing to move outside the PHA’s jurisdiction 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 which the family wishes to move, the PHA will advise the family that the family selects the receiving PHA and notify the initial PHA of which receiving PHA was selected. The PHA will provide the family with contact information for all of the receiving PHAs that serve the area. The PHA will not provide any additional information about receiving PHAs in the area. 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. In this case, the PHA will not provide the family 3.I.c Packet Pg. 649 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-13 with information for all receiving PHAs in the area. 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 until after the family has been 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 portability, 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 term 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 voucher 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 expiration date of the initial PHA’s voucher term (including any extensions). (See below under “Initial Billing Deadline” for one exception to this policy.) 3.I.c Packet Pg. 650 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-14 Preapproval Contact with the Receiving PHA Prior to approving a family’s request to move under portability, 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 determine whether it will approve or deny the move [24 CFR 982.355(c)(3)]. 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. Initial 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 required to send the receiving PHA the following documents: • Form HUD-52665, Family Portability Information, with Part I filled out [Notice PIH 2016-09] • A copy of the family’s voucher [Notice PIH2016-09] • A copy of the 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)(74), Notice PIH2016-09] • 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)(74), Notice PIH2016-09] PHA Policy 3.I.c Packet Pg. 651 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-15 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 members whose SSNs have not been verified through the EIV system Documentation of legal identity Initial Billing Deadline [Notice PIH2016-09] The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline by 30 days. 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 notify the receiving PHA in writing. The initial PHA may report to HUD the receiving PHA’s failure to comply with the deadline. If the initial PHA will honor the late billing, no action is required. PHA Policy If the PHA has not received an initial billing notice from the receiving PHA within the billing deadline, it will contact the receiving PHA to inform them 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 disabilities and the late billing is a result of a reasonable accommodation granted to the family by the receiving PHA. 3.I.c Packet Pg. 652 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-16 Monthly Billing Payments [24 CFR 982.355(e), Notice PIH2016-09] 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 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 [24 CRF 982.355(e)(2)]. The initial PHA is responsible for making billing payments in a timely manner. The first billing amount is due within 30 calendar days after the initial PHA receives Part II of form HUD-52665 from the receiving 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 manner that the receiving PHA is able and willing to accept. The initial PHA may not terminate or delay making payments under existing portability billing arrangements as a result of over leasing or funding shortfalls. The PHA must manage its tenant- based program 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 Policy 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. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher will expire 30 calendar days from the new expiration date of the initial PHA’s voucher. 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 50058 by the family’s annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of the family. The initial PHA must continue paying the receiving PHA based on the last form HUD-50058 received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by following steps outlined in Notice PIH 2016-09. 3.I.c Packet Pg. 653 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-17 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 accordance 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 PHA 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 writing 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 procedures 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 3.I.c Packet Pg. 654 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-18 families. The family’s failure to comply may result in denial or termination 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)]. An informal hearing is not required when a voucher has expired without the family leasing a unit. If for any reason 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 PIH2016-09]. (For more on this topic, see later under “Denial or Termination of Assistance.”) 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 criminal 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 PIH2016-09]. PHA Policy The PHA will not require the family to attend a briefing. The PHA will provide the family information on the family’s obligations, the PHA’s payment and subsidy standards, procedures for requesting approval of a unit, the unit inspection process, 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 receiving 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)]. 3.I.c Packet Pg. 655 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-19 PHA Policy For any family moving into its jurisdiction under portability, the PHA may 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 unit 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 documents 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 participation 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 its 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 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 issue 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 PIH2016-09]. PHA Policy 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 expired or the family does not comply with the PHA’s procedures. The PHA will update the family’s information when verification has been completed. 3.I.c Packet Pg. 656 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-20 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)]. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher may not expire before 30 days from the new expiration date of the initial PHA’s voucher [Notice PIH 2016-09]. PHA Policy The receiving PHA’s voucher will expire 30 calendar days from the expiration date of the initial PHA’s voucher. If the initial PHA extends the term of the voucher, the receiving PHA’s voucher will expire 30 calendar days from the new expiration date of the initial PHA’s voucher. Voucher Extensions [24 CFR 982.355(c)(14), Notice2016-09] 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 PHAs will consider that individuals with disabilities and families that include a member with a disability may require additional time to locate a suitable 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 notifies the family in writing whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5-II.E). 3.I.c Packet Pg. 657 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-21 Notifying the Initial PHA The receiving 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 PIH2016-09]. (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 only valid for the family’s search in the receiving PHA’s jurisdiction. [Notice PIH2016-09] 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 payments 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. 3.I.c Packet Pg. 658 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-22 PHA Policy Unless the PHA negotiates a different amount 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) with sufficient time so that the notice will be received by the initial PHA no later than 90 days following the expiration date of the family’s voucher issued by the initial PHA [Notice PIH2016-09]. This deadline may be extended for 30 additional days if the delay is due to suspension of the voucher’s term (see Initial Billing Section). A copy of the family’s form HUD- 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 The PHA will send its initial billing notice by fax or e-mail, 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 by the deadline, 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 PIH2016-09]. Ongoing Notification Responsibilities [Notice PIH2016-09, 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 no later than 10 business days after the effective date of the reexamination, but no later than 30 days after the effective date of the action. If the receiving PHA has not conducted the annual reexamination in a timely manner, the initial PHA must be notified of such. 3.I.c Packet Pg. 659 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-23 Change in Billing Amount. The receiving PHA is required to notify the initial 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 the 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. If the change resulted in a decrease in the monthly billing amount, the initial PHA will offset future monthly payments until the difference is reconciled. Late Payments [Notice PIH2016-09] If the initial PHA fails to make a monthly payment 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 billing payment was due, 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 with the transfer, but the initial PHA is still responsible for any outstanding payments due to the receiving PHA. 3.I.c Packet Pg. 660 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-24 Overpayments [Notice PIH 2016-09] In all cases where the receiving PHA has received billing payments for billing arrangements no longer in effect, 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 because 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 will be subject to the sanctions spelled out in Notice PIH2016-09. 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 PIH2016-09] PHA Policy If the PHA elects to deny or terminate assistance for a portable family, the PHA will notify the initial PHA within 10 business 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. Absorbing a Portable Family The receiving PHA may absorb an incoming portable family into its own program when the PHA executes a HAP contract on behalf of the family or at any time thereafter providing that the 3.I.c Packet Pg. 661 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 10-25 PHA has funding available under its annual contributions contract (ACC) [24 CFR 982.355(d)(1), Notice PIH2016-09]. If the receiving PHA absorbs a family from the 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, the receiving PHA must send an updated form HUD-52665 to the initial PHA no later than 10 business days following the effective date of the termination of the billing arrangement. [Notice PIH2016-09] PHA Policy 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, but no later than 10 business days following the effective date of the termination of the billing arrangement. 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)]. 3.I.c Packet Pg. 662 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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. This part discusses the process for conducting annual reexaminations. Part II: Interim Reexaminations. This part details the requirements for families to report changes in family income and composition between annual reexaminations. Part III: Recalculating Family Share and Subsidy Amount. This part discusses the recalculation 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 plan, apply to both annual and interim reexaminations. 3.I.c Packet Pg. 663 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-2 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 rent must be recalculated. This part discusses the schedule for annual reexaminations, the information to be collected and verified, and annual reexamination effective dates. 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 income. 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. Two streamlining options are available, depending upon the percentage of the family’s income that is received from fixed sources. If at least 90 percent of the family’s income is from fixed sources, the PHA may streamline the verification of fixed income but is not required to verify non-fixed income amounts. If the family receives less than 90 percent of its income from fixed sources, the PHA may streamline the verification of fixed income and must verify non-fixed income annually. 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 that family member. 3.I.c Packet Pg. 664 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-3 If verification of the COLA or rate of interest is not available, the PHA will obtain third- party verification 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. Third-party verification of non-fixed income will be obtained annually regardless of the percentage of family income received from fixed sources. 11-I.C. SCHEDULING ANNUAL REEXAMINATIONS The PHA must establish a policy to ensure that the annual reexamination for each family is completed within a 12-month period and may require reexaminations more frequently [HCV GB p. 12-1]. PHA Policy The PHA will begin the annual reexamination process between 90 and 120 days in advance of its 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 recertifications 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 each such family’s income not less than once every 3 years. 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 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. 48553] (See Chapter 7 for Verification Requirements) 3.I.c Packet Pg. 665 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-4 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 time [Notice PIH 2009-36]. PHA Policy Families are required to complete an annual reexamination. Notification of annual reexamination will be sent by first-class mail or email and will contain the date and location to return the completed re-examination forms and required documents. 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. If the family is unable to submit the required forms and documents by the due date, the family should contact the PHA in advance of the due date to request an extension. , If a family fails to complete the annual reexamination, or if the notice is returned by the post office, a notice of termination (see Chapter 12) will be sent to the family’s address of record, and to any alternate address provided in the family’s file. An advocate, interpreter, or other assistant may assist the family in the reexamination 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 Plan. 11-I.D. CONDUCTING 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 mail, email, or deliver all required information (as described in the reexamination notice) to the PHA office. The required information will include: 3.I.c Packet Pg. 666 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-5 PHA-designated reexamination form Personal Declaration Form Authorization for the Release of Information/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 required by the PHA 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 10 days from the date of the deadline. If the family does not provide the required documents or information within the required time period (plus any extensions), the family will be sent 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 information 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 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]. 3.I.c Packet Pg. 667 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-6 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.E. 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 along 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 or is considered a vulnerable youth 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 not subject to this provision. It is limited to students who are receiving assistance on their own, separately from their parents. PHA Policy During the annual reexamination process, the PHA will determine the ongoing eligibility of each student who is subject 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 or is considered a vulnerable youth based on the policies in Sections 3-II.E and 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 student 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. 3.I.c Packet Pg. 668 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-7 11-I.F. EFFECTIVE DATES The PHA must establish policies concerning the effective date of changes that result from an annual reexamination [24 CFR 982.516]. PHA Policy 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 the 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 administrative 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 if 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, decreases in the family share of the rent will be applied prospectively, from the first day of the month following completion of the reexamination processing. 3.I.c Packet Pg. 669 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-8 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 scheduled. 3.I.c Packet Pg. 670 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-9 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, only 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 part includes HUD and PHA policies describing what changes families are required to report, what changes families may choose 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 prescribing when and under what conditions the family must report changes in income and 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 approval. However, the family is required to promptly notify the PHA of the addition [24 CFR 982.551(h)(2)]. 3.I.c Packet Pg. 671 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-10 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 member (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 reexamination [24 CFR 982.516(e)(2)]. 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 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 adjustments in the family share of the rent and the HAP payment [24 CFR 982.516(e)]. If a change in family size causes a violation of Housing Quality Standards (HQS) space standards (see Chapter 8), the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit within 60 days. The PHA should make every effort to accommodate the family as Section 8 units are difficult to secure in the City of Santa Monica. If an acceptable unit is available for rental by the family, the 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 have 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 and approved by the PHA prior to the individual moving in the unit. 3.I.c Packet Pg. 672 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-11 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 Chapter 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 will 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 decision to deny approval of the new family or household member and the reasons for the denial. The PHA will make its determination within 20 business days of receiving all information required to verify the individual’s eligibility. Departure of a Family or Household Member Families must immediately notify the PHA if any family member no longer lives in the unit [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. 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. 3.I.c Packet Pg. 673 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-12 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. All zero income participants are 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 Reexaminations 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 report changes affecting income. 3.I.c Packet Pg. 674 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-13 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 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 in 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 discretion, 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 conduct an interim reexamination only if: • The decrease in income is anticipated to last more than thirty (30) days. 3.I.c Packet Pg. 675 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-14 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 The family must notify the PHA of changes in writing by completing and signing a “Request for Interim Certification.” The family may 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 information 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, email, or in person. All rent reduction requests will be completed with the effective date as the first of the following month when the necessary verifications are received prior to the 20th of the month. Interim re-certifications will be completed in accordance with our interim Re- Exam Procedure. Effective Dates The 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: 3.I.c Packet Pg. 676 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-15 The increase generally will be effective on 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 3rd 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 information within the required time frames, the increase will be applied retroactively, to the 1st of the month following the date of the action. In this case, the PHA will not provide 30 days’ notice to the family. Additionally, the family will be responsible 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). 3.I.c Packet Pg. 677 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-16 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 part 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 HAP 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 appropriate 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 increased, 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, during the term of a HAP contract, the PHA is not required to reduce the payment standard as the HAP contract remains in effect. At the family’s second annual reexamination, the PHA may, but is not required to, apply the decreased payment standard or may gradually implement the reduced payment standard (See Chapter 6 for the PHA’s policy on decreases in the payment standard). 3.I.c Packet Pg. 678 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-17 • If the family moves to a new unit, 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 the 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)] 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 [HCV GB, p. 18- 8]. 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). 3.I.c Packet Pg. 679 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 11-18 PHA Policy The notice will state the family has the right to request an explanation of how the assistance was calculated and if the family disagrees, they have the right to an informal hearing. The notice will include 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 Chapter 14. Any overpayments resulting from the family’s failure to report income will be resolved in accordance with Repayment Agreement policies in Chapter 16. 3.I.c Packet Pg. 680 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 family. This chapter 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 part describes the various circumstances under which assistance under the program can be terminated by the family or by the PHA. Part II: Approach to Termination of Assistance. This part describes the policies and the process that the PHA will use in evaluating decisions on whether 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 steps the PHA must take when terminating a family’s assistance. Part III: Termination of Tenancy by the Owner. This part describes the HUD policies that govern the owner’s right to terminate an assisted tenancy. 3.I.c Packet Pg. 681 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 for 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 terminates automatically 180 days after the last HAP payment. PHA Policy If a participating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the 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 request 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. 3.I.c Packet Pg. 682 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-3 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, incidents 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 for 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 evicted if the property owner has an unconditional judgment to evict the family and a writ of possession is issued by the court, and the sheriff posts a notice to vacate and the sheriff physically locks the tenant out (or the tenant moves in response to that notice to vacate). If the family settles the case prior to trial, the PHA will not consider the family to have been evicted so long as the family meets all of the conditions of the stipulation, including vacating timely if required. The family will not be considered evicted just because a stipulation requires the entry of a judgment, the issuance of a writ of possession and/or the posting of a notice to vacate so long as the family complies with the terms of the stipulation, including vacating timely. In cases where a default judgment has been entered at no fault of the family, the family will not be considered evicted. 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 or take any of the alternative measures described in section 12-II.C. In making its decision, the PHA will consider the factors described in 3.I.c Packet Pg. 683 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-4 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 of 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 of the eviction within 10 days of receiving the notice of lease termination, 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. 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 participant family fails to disclose the complete and accurate social 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 3.I.c Packet Pg. 684 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-5 comply with the requirement within 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 90 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 premises 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 accordance with program regulations and PHA policies, or must be given the opportunity to 3.I.c Packet Pg. 685 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-6 lease in place if the terminated ineligible student members 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 with such a member is receiving assistance in violation of federal law. If 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 after 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 must 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 3.I.c Packet Pg. 686 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-7 • 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. 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 three 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 abuse of alcohol. A record or records of arrest will not be used as the sole 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 Sections 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. 3.I.c Packet Pg. 687 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-8 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 activity, and any eviction or notice to evict based on drug-related or violent criminal activity. A record or records of arrest will not be used as the sole 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 Sections 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. Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] 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 related to, domestic violence, dating violence, sexual assault, or stalking as reasons for terminating the assistance of a victim of such abuse. Additionally, per the alternative requirements listed in the Federal Register notice dated December 29, 2014, PHAs are no longer permitted to terminate assistance to a family due to the family’s failure to meet its obligations under the Family Self-Sufficiency (FSS) contract of participation [FR Notice 12/29/14]. PHA Policy The 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 3.I.c Packet Pg. 688 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-9 offered more than a total of two Program Violation Warnings 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 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 toward PHA personnel. Abusive or violent behavior towards PHA personnel 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 terminate assistance, the PHA will consider alternatives as described in Section 12-II.C and other factors described in Sections 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. 3.I.c Packet Pg. 689 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-10 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 accordance 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 any 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 first 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 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. 3.I.c Packet Pg. 690 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-11 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 or 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 or 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 responsible 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, the PHA will require the family to repay the full amount or to enter into a repayment agreement, 3.I.c Packet Pg. 691 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-12 within 30 days of receiving notice from the PHA of the amount owed. See Chapter 16 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)]. 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 greater weight of all evidence. Use of Criminal Conviction Records after Admission [24 CFR 5.903] The regulation at 24 CFR 5.903 governs a PHA’s access to and use of criminal conviction records obtained from a “law enforcement agency” such as the National Crime Information Center (NCIC), police departments, and other law enforcement agencies that hold criminal conviction records. While the regulatory listing of permitted uses for these records includes PHA screening of applicants for admission to the HCV program, it specifically excludes the use of records for lease enforcement and eviction of HCV participants and excludes by omission a PHA’s use of records to terminate assistance for participants. While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose. The limitations, however, do not apply to criminal conviction information searches from non-federal sources (i.e., sources other than the “law enforcement agencies” defined in 24 CFR 5.902(b)). There is no prohibition that bars a PHA from using non-federal sources to conduct criminal background checks of program participants. 3.I.c Packet Pg. 692 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-13 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 will consider the following facts 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 or (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 or records of arrest will not be used as the sole basis for termination, an arrest may, however, trigger an investigation to determine whether the participant 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 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 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 3.I.c Packet Pg. 693 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-14 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 family 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 reasonably be expected to address the behavior that is the basis of the proposed termination of assistance. See Chapter 2 for a discussion 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 Violence Against 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 confidentiality, see section 16-IX of this plan. 3.I.c Packet Pg. 694 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-15 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.) First, VAWA provides that a PHA may not terminate assistance to a family that 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 982.354(b)(4)]. Second, it provides that an incident or incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking 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 related 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 terminate 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 on 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 assault, 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, 3.I.c Packet Pg. 695 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-16 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)] In order to demonstrate an actual and imminent threat, the PHA must have objective evidence of words, gestures, actions, or other indicators. 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 to domestic violence, dating violence, sexual assault, or stalking, that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating, violence, sexual assault, or stalking [42 U.S.C. § 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 otherwise penalizing a victim of such criminal activity who is also a tenant or lawful occupant of the housing [42 U.S.C. § 14043e-11(b)(3)(B)(i).” VAWA does not limit the authority of the PHA to terminate the assistance of any participant if the PHA “can demonstrate 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 Policy 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 PHA will consider the following, and any other relevant, factors: 3.I.c Packet Pg. 696 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-17 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 an immediate time frame 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 prevent 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. Documentation 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 will suffice. In such cases the PHA will document the waiver in the individual’s file. Terminating the Assistance of a Domestic Violence Perpetrator 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 individual family member. Further, this 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 regarding termination of assistance. This means that the PHA must follow the same rules when terminating assistance to an individual as it would when 3.I.c Packet Pg. 697 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-18 terminating the assistance of an entire family [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs]. If the perpetrator remains in the unit, the PHA continues to pay the owner until the PHA terminates the perpetrator from the program. The PHA must not stop paying HAP until 30 days after the owner bifurcates the lease to evict the perpetrator. The PHA may pay HAP for the full month if the 30-day period will end mid-month [Notice PIH 2017-08]. If the perpetrator is the only participant eligible to receive assistance, the PHA will provide any remaining participant a chance to establish eligibility for the program. If the remaining participant cannot do so, the PHA will provide them with 30 days to establish eligibility for another housing program prior to termination of the HAP contract. 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-5382) 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 assistance 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 notification 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 PHA will also send a form HUD-5382 and form HUD-5380 to the family with the termination notice. The notice will state the 3.I.c Packet Pg. 698 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-19 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. When the PHA notifies an owner that a family’s assistance will be terminated, the PHA will, if appropriate, advise the owner of his/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 5382 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-5382 and form HUD-5380. The PHA will request in writing that a family member wishing to claim protection under VAWA notify the PHA within 14 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 notice requirements in section 16-III.D must be followed. 3.I.c Packet Pg. 699 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-20 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 just cause. During the term of the lease, the owner is not permitted to terminate the tenancy except for serious or repeated violations of the lease, certain violations of state or local law, or other good cause. Serious or Repeated Lease Violations The owner is permitted to terminate the family’s tenancy for serious or repeated 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 payment 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 obligations 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 tenant’s control—commits any of the following types of criminal activity (for applicable definitions see 24 CFR 5.100): 3.I.c Packet Pg. 700 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-21 • 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 criminal activity on or near the premises • 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). The owner may terminate tenancy during the term of the lease if any member of the household is: • 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 enjoyment 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 directly 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. 3.I.c Packet Pg. 701 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-22 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 lease the unit at a higher rent) After the initial lease term, the owner may give the family notice at any time, in accordance with the terms of the lease. If a property is subject to foreclosure, during the term of the lease, the new owner of the property does not have good cause to terminate the tenant’s lease, unless the new owner will occupy the unit as their primary residence and has provided the tenant with at least a 90-day notice. In that case, the lease may be terminated effective on the date of sale, although the tenant is still entitled to a 90-day notice to vacate. See Section 13-II.G for a discussion of PHA policies relating to units in foreclosure. PHA Policy Property owners in Santa 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. 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 tenancy 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 3.I.c Packet Pg. 702 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-23 notice at the same time the owner notifies the family. The family is also required to give the PHA a copy of any eviction notice (see Chapter 5). PHA Policy If the eviction action is finalized 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 days following the court-ordered eviction. 12-III.D. DECIDING WHETHER TO TERMINATE 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 termination 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 reasonable 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 household 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, the 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. 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. 3.I.c Packet Pg. 703 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-24 The owner's termination 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 (see Chapter 10). 3.I.c Packet Pg. 704 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-25 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS Following is a listing of a participant family’s obligations under the HCV program: 30. 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. 31. 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. 32. The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information. 33. Any information supplied by the family must be true and complete. 34. The family is responsible for any Housing Quality Standards (HQS) breach caused by the family as described in 24 CFR Section 982.404(b). 35. 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. 36. 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 the 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 [24 CFR 5.2005(c)(1)]. 37. 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 prior to moving or terminating the lease. 38. The family must promptly give the PHA a copy of any owner eviction notice. 3.I.c Packet Pg. 705 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-26 39. The family must use the assisted unit for residence by the family. The unit must be the family’s only residence. 40. 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 live-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. 41. The family must immediately notify the PHA in writing if any family member no longer lives in the unit. 42. 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). 43. 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. 44. 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. 45. The family must not assign the lease or transfer the unit. 46. 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 cooperate 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. 3.I.c Packet Pg. 706 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 12-27 47. 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). 48. 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). 49. Family members must 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 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). 50. 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). 51. 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. 52. 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 who is a person with disabilities. [Form HUD-52646, Voucher] 53. The family must immediately notify the PHA in writing of any increases in family income or assets. 54. 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. 55. 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]. 56. 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. 57. 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. 58. The family must not engage in or threaten abusive or violent behavior towards any PHA employee or representative. 3.I.c Packet Pg. 707 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 housing for participating families. The term “owner” refers to any person or entity with the legal right to lease or sublease a unit to a participant 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 responsibilities and processes, including PHA policies in key areas, owners will need to refer to several other chapters in this plan. Where appropriate, Chapter 13 will reference the other chapters. 3.I.c Packet Pg. 708 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 GB, PP. 2-4 TO 2-6; HCV LANDLORD STRATEGY GUIDEBOOK FOR PHAS] 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 programs. To accomplish this objective, PHAs must identify and recruit new owners to participate in the program. If the PHA will be conducting outreach events, the PHA must ensure that notices and communications during outreach events are provided in a manner that is effective for persons with hearing, visual, and other communications-related disabilities. PHAs must also take reasonable steps to ensure meaningful access to programs to persons with limited English proficiency. 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 property 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, apartment associations, industry investor groups, and real estate brokers associations To the extent practical, partnering with and attending events hosted by other area agencies to deliver information about the HCV program 3.I.c Packet Pg. 709 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-3 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 participating 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 factsheet 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: 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 through a landlord handbook, including answers to frequently asked questions. Contacting owners via emails or texts to disseminate information. Additional services may be undertaken on an as-needed basis, and as resources permit. 13-I.B. BASIC HCV PROGRAM REQUIREMENTS 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)]. 3.I.c Packet Pg. 710 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-4 PHA Policy Owners 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 briefing 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 jointly 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 follow 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 qualified 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 conflicts of interest. Owner qualifications are discussed later in this chapter. The selected unit must be of a type that is eligible for the 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 comparable, unassisted units on the 3.I.c Packet Pg. 711 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-5 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. The 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 added 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 (Form HUD-52641). The contract format is prescribed by HUD. See Chapter 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: • Complying with all of the owner'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 • Collecting 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 lease • Allowing reasonable modifications to a dwelling unit occupied or to be occupied by a disabled person [24 CFR 100.203] • Comply with the Violence Against Women Reauthorization Act of 2013 (VAWA) when screening and terminating tenants. 3.I.c Packet Pg. 712 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-6 13-I.D. OWNER QUALIFICATIONS The PHA does not formally approve an owner to participate in the program. However, there are several criteria where the PHA may deny approval of an assisted tenancy based on past owner behavior, conflict of interest, or other owner-related issues. 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 3.I.c Packet Pg. 713 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-7 • Any member of the Congress of the United States 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 and 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 particular 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. 3.I.c Packet Pg. 714 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-8 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. 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 history 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 management 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. 3.I.c Packet Pg. 715 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-9 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-case basis, choose to approve an owner. 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 from 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. 3.I.c Packet Pg. 716 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-10 PART II. HAP CONTRACTS 13-II.A. OVERVIEW The contract represents a written agreement between 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 payments 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 names 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 charged to unassisted tenants. PHA policy on the amount of security deposit an owner may collect is found in Chapter 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 deemed received by the owner (e.g., upon mailing by the PHA or actual receipt by the owner). 3.I.c Packet Pg. 717 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-11 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. 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 plan. 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 Owner • 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 covers the prohibited lease provisions that may not be enforced by the landlord. 3.I.c Packet Pg. 718 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-12 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 behalf 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. HAP payments can be made only during the lease term, and only while the family is residing in the unit. 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 may 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 direct deposit of HAP payments. To begin direct deposit service, property owners must provide a completed Direct Deposit Authorization form. 3.I.c Packet Pg. 719 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-13 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 of 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 owner) any additional payments or other consideration for rent of the contract unit during the HAP term. Late HAP Payments [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. Penalties for late HAP payments can only be imposed if 1) the penalties are in accordance with 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 reasons beyond the PHA’s control. In addition, late payment penalties are not required 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 accordance 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 initiated 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 evict the tenant. 3.I.c Packet Pg. 720 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-14 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 same 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 earlier. The owner must inform the PHA of the date when the family 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 • 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 determination. The notice may require the owner to take corrective action by an established 3.I.c Packet Pg. 721 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-15 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 is 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 contract 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; • The 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. • 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 expires • 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 assistance for families in the program [24 CFR 982.454]; 3.I.c Packet Pg. 722 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-16 The unit does not meet HQS size requirements due to change in family composition [24 CFR 982.403] – see chapter 8; The unit does not meet HQS [24 CFR 982.404] – see chapter 8; The family breaks up [HUD Form 52641] – see chapter 3; The owner breaches the contract [24 CFR 982.453(b)] – see 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 gives 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, the 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 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. 3.I.c Packet Pg. 723 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-17 The PHA must receive a signed, written 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 transfer 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 of the new owner; The effective date of the contract assignment; A written agreement to comply with 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 elects to stay with continued assistance, the PHA will process the leasing in accordance with the policies in Chapter 9. 13-II.G. FORECLOSURE [NOTICE PIH 2010-49] Families receiving HCV assistance are entitled to certain protections set forth under the Protecting Tenants at Foreclosure Act (PTFA). During the term of the lease, the new owner of the property does not have good cause to terminate the tenant’s lease, unless the new owner will occupy the unit as their primary residence and has provided the tenant with at least a 90- day notice. In that case, the lease may be terminated effective on the date of sale, although the tenant is still entitled to a 90-day notice to vacate. Further, the new owner assumes interest in the lease between the prior owner and the tenant and to the HAP contract. Any state or local law that provides longer time periods or other additional protections for tenants also applies. PHA Policy If a property is in foreclosure, the PHA will make all reasonable efforts to determine the status of the foreclosure and ownership of the property and will continue to make payments to the original owner until ownership legally transfers in accordance with the HAP contract. The PHA will attempt to obtain a written acknowledgement of the assignment of the HAP contract from the successor in interest. This will include a request for owner information, including a tax identification number and payment instructions from the 3.I.c Packet Pg. 724 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 13-18 new owner. Even if the new owner does not acknowledge the assignment of the HAP contract in writing, the assignment is still effective by operation of law. The PHA will inform the tenant that they must continue to pay rent in accordance with the lease, and if the new owner refuses to accept payment or cannot be identified, the tenant should pay rent into escrow. Failure to pay rent may constitute an independent ground for eviction. In the event that the PHA is unable to make HAP payments to the new owner due to an action or inaction by the new owner that prevents such payments (e.g., rejection of payments or failure to maintain the property according to HQS), or due to an inability to identify the new owner, the PHA will either use the funds to pay: The utilities that are the owner’s responsibility after taking reasonable steps to notify the owner; except that if the unit has been or will be rendered uninhabitable due to termination or threat of termination of service, prior notice is not required. In the latter case, the PHA shall notify the owner within a reasonable time after making the utility payment; or For the family’s reasonable moving costs, including security deposit costs. The PHA will also refer the tenant, as needed, to the local legal aid office in order to ensure adequate protection of the tenant’s rights and enforcement of the successor in interest’s performance under the HAP contract. See Section 12-III.B for a discussion of foreclosure as it pertains to owner termination of tenancy. 3.I.c Packet Pg. 725 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made 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 part presents PHA policies related to preventing, detecting, and investigating errors and program abuse. Part II: Corrective Measures and Penalties. This part describes the corrective measures the PHA must and may take when errors or program abuses are found. 3.I.c Packet Pg. 726 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-2 PART I: PREVENTING, DETECTING, 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 legal standards, the PHA will employ a variety of techniques to ensure that both errors and intentional 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 2017-12. In addition, the PHA will require the head of each household to acknowledge receipt of the guide by 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. 3.I.c Packet Pg. 727 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-3 PHA staff will provide the family the opportunity for review and will explain when the family requests clarification, the contents of HUD and PHA required forms when requesting family member signatures. 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 recertification 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. Program 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 mislead 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 reexamination, current information provided by the family will be compared to information provided at the last annual reexamination to identify inconsistencies and incomplete information. 3.I.c Packet Pg. 728 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-4 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 potential cases of program abuse. 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 detection and abuse prevention efforts. Individual Reporting of Possible Errors and Program Abuse PHA 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 information, 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. 3.I.c Packet Pg. 729 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-5 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 additional information. Analysis and Findings PHA Policy The PHA will base its evaluation on a preponderance of the evidence collected 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 weight 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 Remedies 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 errors or program 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) any special circumstances surrounding the case, (3) any 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. 3.I.c Packet Pg. 730 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-6 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 family’s right to appeal the results through the informal review or hearing process, if applicable (see Chapter 16). 3.I.c Packet Pg. 731 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-7 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 utility 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 prospectively. 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 share 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 Family 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. 3.I.c Packet Pg. 732 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] PHA Policy 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. PHA Reimbursement to Family [HCV GB p. 22-12] PHA Policy 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 knowingly: • 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 deposit, and additional services Offering bribes or illegal gratuities to the PHA Board of Commissioners, employees, contractors, or other PHA representatives Offering 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 Use of a false name or the use of falsified, forged, or altered 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) 3.I.c Packet Pg. 733 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-9 Admission of program abuse by an adult family 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 forth 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. 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 accordance with the policies in Section 16-IV.B, or by withholding housing assistance payments due for subsequent months. 3.I.c Packet Pg. 734 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-10 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 unassisted tenants at no extra charge Knowingly accepting housing assistance payments for any month(s) after the family has vacated the unit Knowingly accepting incorrect or excess housing assistance payments Offering bribes or illegal gratuities to the PHA Board of Commissioners, employees, contractors, or other PHA representatives Offering payments or other incentives to a family as an inducement for the family to make false or misleading statements to the PHA Residing in the unit with an assisted family Remedies and Penalties When the PHA determines that the owner has committed program 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. 3.I.c Packet Pg. 735 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-11 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 any 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 Activities PHA Policy Any of the following will be considered evidence of program abuse by PHA staff: Failing to comply with any program requirements for personal gain Failing to comply with any program requirements as a result of a conflict of interest relationship with any applicant, participant, or owner Seeking or accepting anything of material value from applicants, participating families, vendors, owners, contractors, or other persons who provide services or materials to the PHA Disclosing confidential or proprietary information to outside parties Gaining profit as a result of insider knowledge of PHA activities, policies, or practices Misappropriating or misusing funds Destroying, concealing, removing, or inappropriately using any records related to the program 3.I.c Packet Pg. 736 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 14-12 Committing any other corrupt or criminal act in connection with 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 overpaid subsidy meets or exceeds the threshold for prosecution under local or state law, the PHA will refer the matter to the appropriate entity for prosecution. When the amount of overpaid assistance meets or exceeds the federal threshold, the case will also 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 are 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 collected 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 the PHA. 3.I.c Packet Pg. 737 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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, unless 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 housing, 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 special 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 3.I.c Packet Pg. 738 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 sleeping 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 facility, but the size of a facility may be limited by local ordinances. When providing assistance to 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 described 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 access 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]. 3.I.c Packet Pg. 739 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-3 • Sanitary Facilities: 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. • 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, for 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. If no children live in SRO housing, the housing quality standards applicable to lead-based paint do not apply. 3.I.c Packet Pg. 740 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 persons 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 residents, that is not provided by the residents themselves. The housing quality standards applicable to lead-based paint do not apply. 3.I.c Packet Pg. 741 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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-licensed 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 community 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- or 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 size 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 an 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 rents 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 reasonable rent, the PHA 3.I.c Packet Pg. 742 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-6 should consider whether sanitary facilities and facilities for food preparation and service are common facilities or private facilities. 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 store, 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 community 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 and 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. 3.I.c Packet Pg. 743 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 allowance for an assisted family living in shared housing is the lower of the utility allowance for the family unit size (voucher size) or the prorata share of the utility allowance for the shared housing unit. Example: A family holds a 2-bedroom voucher. The family decides to occupy 3 out of 4 bedrooms available in the unit. The utility allowance for a 4-bedroom unit equals $200 The utility allowance for a 2-bedroom unit equals $100 3.I.c Packet Pg. 744 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-8 The prorata share of the utility allowance is $150 (3/4 of $200) The PHA will use the 2-bedroom utility allowance of $100. The rents paid for families living in shared housing are subject to generally applicable standards for rent reasonableness. The 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 requirements 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. • 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. 3.I.c Packet Pg. 745 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-9 PART V: COOPERATIVE HOUSING [24 CFR 982.619] 15-V.A. OVERVIEW This part 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 family 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 cooperative 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 determined 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 charge 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. 3.I.c Packet Pg. 746 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-10 PART VI: MANUFACTURED HOMES [24 CFR 982.620 THROUGH 982.624; FR NOTICE 1/18/17] 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. Assisted 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 requirements 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 as well as certain other housing expenses. PHAs may, but are not required to, provide assistance for such families. 15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOMEOWNERS 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 the 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 [FR NOTICE 1/18/17] Payment Standards The PHA payment standard for manufactured homes is determined in accordance with 24 CFR 982.505 and is the payment standard used for the PHA’s HCV program. It is based on the applicable FMR for the area in which the manufactured home space is located. 3.I.c Packet Pg. 747 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-11 The payment standard for the family is the lower of the family unit size (voucher size) or the payment standard for the number of bedrooms in the manufactured home. Utility Allowance The PHA must establish utility allowances for manufactured home space rental. For the first 12 months of the 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 manufactured home space must not include the costs of digging a well or installing a septic system. If the amount of the monthly assistance payment for a family exceeds the monthly rent for the manufactured home space (including the owner’s monthly management and maintenance charges), the PHA may pay the remainder to the family, lender, or utility company. Space Rent The rent for the manufactured home space (including other eligible housing expenses) is the total of: • The rent charged for the manufactured home space; • Owner maintenance and management charges for the space; • The monthly payments made by the family to amortize the cost of purchasing the manufactured home, including any required insurance and property taxes; and • The applicable allowance for tenant-paid utilities. Amortization Costs The monthly payment made by the family to amortize the cost of purchasing the manufactured home is the debt service established at the time of application to a lender for financing the purchase of the manufactured home if monthly payments are still being made. Any increase in debt service due to refinancing after purchase of the home may not be included in the amortization cost. Debt service for set-up charges incurred by a family may be included in the monthly amortization payments made by the family. In addition, set-up charges incurred before the family became an assisted family may be included in the amortization cost if monthly payments are still being made to amortize the charges. 3.I.c Packet Pg. 748 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-12 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 manufactured home space rent (including other eligible housing expenses) 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 elsewhere. 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. 3.I.c Packet Pg. 749 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-13 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 program as defined by the regulations. There are two forms of homeownership assistance described in the regulations: monthly homeownership assistance payments, and single down payment assistance grants. However, PHAs may not offer down payment assistance until and unless funding is allocated by Congress. Since this has not yet happened, only monthly homeownership assistance may be offered. The PHA must offer 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 opted 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] The 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 administrative plan. • 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 requirement) will be considered to meet the minimum 3.I.c Packet Pg. 750 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-14 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 equal 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. • 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 25 hours per week); and has been continuously so employed during the year before commencement of homeownership assistance for the family. • The employment 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 ahttps://smgov.kronos.net/wfc/logonnd may prescribe additional requirements for commencement of homeownership assistance for a family. Any such limits or additional requirements must be described in the PHA administrative 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. 3.I.c Packet Pg. 751 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-15 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-based 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 institutions. • 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 purchase 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 independent 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. 3.I.c Packet Pg. 752 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-16 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 is 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; • 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 Settlement 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. 3.I.c Packet Pg. 753 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-17 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 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. Contract of Sale Before commencement of monthly homeownership assistance payments, 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 obligated 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. 3.I.c Packet Pg. 754 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-18 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 policies 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 to 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). • 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. 3.I.c Packet Pg. 755 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-19 • 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 initial 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 qualifies 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 homeownership 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. 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 3.I.c Packet Pg. 756 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-20 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 reexamination 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 family. 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 allowed 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 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 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 association. Homeownership expenses for a cooperative member may only include amounts allowed by the PHA to cover: 3.I.c Packet Pg. 757 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-21 • The cooperative charge under the cooperative occupancy agreement including payment for real estate taxes and public assessments on the home; • 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 family 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 usable 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 included 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 bill 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 promptly 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 receiving 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 family member holds title to the prior home. The PHA may deny permission to move to a new unit with continued voucher assistance: 3.I.c Packet Pg. 758 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 15-22 • If the PHA has insufficient funding to provide continued assistance. • In accordance with 24 CFR 982.638, regarding denial or termination 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 • 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. 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, with the exception of failure to meet obligations under the Family Self-Sufficiency program as prohibited under the alternative requirements set forth in FR Notice 12/29/14. The PHA must terminate voucher homeownership assistance 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, or any refinancing of such debt. 3.I.c Packet Pg. 759 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-1 CHAPTER 16 : PROGRAM ADMINISTRATION INTRODUCTION This chapter 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 part describes what payment standards are, and how they are updated, as well as how utility allowances 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 hearings regarding citizenship status. Part IV: Owner or Family Debts to the PHA. This part 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 discussed are the consequences for failure to make payments in accordance with a repayment agreement. Part V: Section 8 Management Assessment Program (SEMAP). This part describes what the SEMAP scores represent, how they are established, and how those scores 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 Record Keeping for Children with Elevated Blood Lead Level. This part describes the PHA’s responsibilities for reporting, data collection, and record keeping relative to children with elevated 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 areas, and to continue assistance for all participant families. Part IX: Violence Against 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. 3.I.c Packet Pg. 760 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-2 PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] The PHA will maintain administrative fee reserves, or unrestricted net position (UNP) 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 related 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 UNP 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 PHA has not adequately administered its HCV program, HUD may prohibit use of funds in the UNP Account and may direct the PHA to use funds in that account to improve administration of the program, for HCV HAP expenses, or to reimburse ineligible expenses in accordance with the regulation at 24 CFR 982.155(b)(3). HUD requires the PHA Board of Commissioners or other authorized officials to establish the maximum amount that may be charged against the UNP account without specific approval. PHA Policy Expenditures from the UNP account will be made in accordance with all applicable federal requirements. Expenditures are approved by HUD and the Board annual budget. 3.I.c Packet Pg. 761 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES 16-II.A. OVERVIEW Although many of the program’s requirements are established centrally 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 part discusses how the PHA establishes and updates certain schedules and standards that are used to administer 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 schedules. 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 [24 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 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. 3.I.c Packet Pg. 762 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-4 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 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 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 apartments 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: The payment standard shall be equal to the rent limit established by the recorded deed- restriction. Supportive Housing developments which restrict 100 percent of their housing and are owned by nonprofit organizations are not subject to the above-stated limitation. Deed-restricted units are eligible for rent increases under the following circumstances: The rent, with increase, does not exceed the deed restricted limit for that apartment, there has not been a rent increase in the previous 12-month period, the rent increase coincides with the annual recertification date, and the PHA allowable rent increase will become effective October 1 of each year. Updating Payment Standards When HUD updates 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. The PHA will consider the following 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 impact 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 3.I.c Packet Pg. 763 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-5 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 may review the quality of units selected by participant families when making the determination of the percent of income families are paying for housing, to ensure that payment 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 percentage of families that are unable to locate suitable housing before the voucher expires and whether families are leaving the jurisdiction to find affordable housing. Effective dates of changes to payment standard amounts will be determined at time of update. The PHA will always ensure the payment standards will be within the basic range. Exception Payment Standards [982.503(c)(5), Notice PIH 2018-01] A non-SAFMR PHA may establish an exception payment standard for a zip code area of up to and including 110 percent of the SAFMR determined by HUD for that zip code area. Regardless of the level of the exception payment standard compared to the metropolitan area FMRs (MAFMRs), the PHA must send an email to SAFMRs@hud.gov to notify HUD that it has adopted an exception 3.I.c Packet Pg. 764 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-6 payment standard based on the SAFMR. A PHA that adopts an exception payment standard pursuant to this authority must apply it to the entire ZIP code area, for both its HCV, and if applicable, its PBV program. For the PBV program, this means that the rent to owner may not exceed the new exception payment standard amount, provided the rent is still reasonable. A PHA that adopts an exception payment standard area must revise its briefing materials to make families aware of the exception payment standard and the area that it covers. Unit-by-Unit Exceptions [24 CFR 982.503(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 120 percent of the applicable FMR for the unit size [24 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 exceeds120 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 (RTA) is submitted. If the adjusted gross rent is above 120 percent of the FMR, the request must be submitted to 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 2009-41). 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. 3.I.c Packet Pg. 765 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-7 "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 jurisdiction. 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 50th, rather than the 40th 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 choose 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. The utility allowance schedule must be determined based on the typical cost 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 utility 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 included 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; 3.I.c Packet Pg. 766 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-8 sewer; trash 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 18 of the HCV Guidebook 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 for 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 if 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 allowances 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. 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 3.I.c Packet Pg. 767 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-9 “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. 3.I.c Packet Pg. 768 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-10 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 “informal 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 the 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 [24 CFR 982.554(a) and (c)] 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 • 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 reviews are not required for the following reasons [24 CFR 982.554(c)]: • Discretionary administrative 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 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 3.I.c Packet Pg. 769 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-11 • A PHA determination that the unit is not in accordance with the HQS due to family size or composition 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 reviews 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 denying 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 the PHA’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 in writing, specify the determination being disputed, 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 review within 15 business days of the family’s request. If the informal review will be conducted remotely, at the time the PHA notifies the family of the informal review, the family will be informed: Regarding the processes to conduct a remote informal review; That, if needed, the PHA will provide technical assistance prior to and during the informal review; and That if the family or any individual witness has any technological, resource, or accessibility barriers preventing them from fully accessing the remote informal review, the family may inform the PHA and the PHA will assist the family in either resolving the issues or allow the family to participate in an in-person informal review, as appropriate. 3.I.c Packet Pg. 770 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-12 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 applicant 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 the PHA’s LEP Plan. Remote Informal Reviews [Notice PIH 2020-32] There is no requirement that informal reviews be conducted in-person and, as such, HUD allows PHAs to conduct all or a portion of their informal review remotely either over the phone, via video conferencing, or through other virtual platforms. If the PHA chooses to conduct remote informal reviews, applicants may still request an in-person informal review, as applicable. PHA Policy The PHA has the sole discretion to require that informal reviews be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. In addition, the PHA will conduct an informal review remotely upon request of the applicant as a reasonable accommodation for a person with a disability, if an applicant does not have child care or transportation that would enable them to attend the informal review, or if the applicant believes an in-person informal review would create an undue health risk. The PHA will consider other reasonable requests for a remote informal review on a case-by-case basis. Ensuring Accessibility for Persons with Disabilities and LEP Individuals As with in-person informal reviews, the platform for conducting remote informal reviews must be accessible to persons with disabilities and the informal review must be conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual. PHAs may never request or require that individuals with disabilities provide their own auxiliary aids or services, including for remote informal hearings. 3.I.c Packet Pg. 771 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-13 PHAs are required to make reasonable accommodations in policies, practices, and procedures to ensure persons with disabilities have a full and equal opportunity to participate in and benefit from all aspects of the informal review process. See Chapter 2 for a more detailed discussion of reasonable accommodation requirements. If no method of conducting a remote informal review is available that appropriately accommodates an individual’s disability, the PHA may not hold against the individual his or her inability to participate in the remote informal review, and the PHA should consider whether postponing the remote informal review to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation, will depend on the specific circumstances and requirements. As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal reviews, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote informal reviews. Conducting Remote Informal Reviews The PHA must ensure that the lack of technology or inability to use technology for remote informal reviews does not pose a disadvantage to families that may not be apparent to the PHA. The PHA should determine through a survey or other means if these barriers exist prior to conducting the remote informal review and, if the family does not have the proper technology to fully participate, either postpone the informal review or provide an alternative means of access. As with in-person informal reviews, the PHA must provide all materials presented, whether paper or electronic, to the family prior to the remote informal review. The family must also be provided with an accessible means by which to transmit their own evidence. The PHA must ensure that the applicant has the right to hear and be heard. All PHA policies and processes for remote informal reviews must be conducted in accordance with due process requirements and be in compliance with HUD regulations at 24 CFR 982.554 and guidance specified in Notice PIH 2020-32. PHA Policy The PHA will conduct remote informal reviews via a video conferencing platform, when available. If, after attempting to resolve any barriers, applicants are unable to adequately access the video conferencing platform at any point, or upon applicant request, the informal review will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal review will be postponed, and an in-person alternative will be provided promptly within a reasonable time. 3.I.c Packet Pg. 772 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-14 At least five business days prior to scheduling the remote review, the PHA will provide the family with login information and/or conferencing call-in information and an electronic and/or physical copy of all materials being presented via first class mail and/or email. The notice will advise the family of technological requirements for the hearing and request the family notify the PHA of any known barriers. The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person hearing. If the informal review is to be conducted remotely, the PHA will require the family to provide any documents directly relevant to the informal review at least 24 hours before the scheduled review through the mail or via email. The PHA will scan and email copies of these documents to the PHA representative the same day. Documents will be shared electronically whenever possible. The PHA will follow up the email with a phone call and/or email to the applicant at least one business day prior to the remote informal review to ensure that the applicant received all information and is comfortable accessing the video conferencing or call-in platform. The PHA will ensure that all electronic information stored or transmitted with respect to the informal review is secure, including protecting personally identifiable information (PII), and meets the requirements for accessibility for persons with disabilities and persons with LEP. Informal Review Decision [24 CFR 982.554(b)] The PHA 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 factually 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. 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. 3.I.c Packet Pg. 773 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-15 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 • A determination to terminate assistance because the participant has been absent from the assisted unit for longer than the maximum period permitted under PHA policy and HUD rules 3.I.c Packet Pg. 774 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-16 • 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, and if the PHA denies a request for a reasonable accommodation (see Chapter 2). Remote Informal Hearings [Notice PIH 2020-32] There is no requirement that informal hearings be conducted in-person, and as such, HUD allows PHAs to conduct all or a portion of their informal hearings remotely either over the phone, via video conferencing, or through other virtual platforms. If the PHA chooses to conduct remote informal hearings, applicants may still request an in-person informal hearing, as applicable. PHA Policy The PHA has the sole discretion to require that informal hearings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. In addition, the PHA will conduct an informal hearing remotely upon request as a reasonable accommodation for a person with a disability, if a participant does not have child care or transportation that would enable them to attend the informal hearing, or if the participant believes an in-person hearing would create an undue health risk. The PHA will consider other reasonable requests for a remote informal hearing on a case-by-case basis. 3.I.c Packet Pg. 775 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-17 Ensuring Accessibility for Persons with Disabilities and LEP Individuals As with in-person informal hearings, the platform for conducting remote informal hearings must be accessible to persons with disabilities and the informal hearings must be conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual. PHAs may never request or require that individuals with disabilities provide their own auxiliary aids or services, including for remote informal hearings. PHAs are required to make reasonable accommodations in policies, practices, and procedures to ensure persons with disabilities have a full and equal opportunity to participate in and benefit from all aspects of the informal hearing process. See Chapter 2 for a more detailed discussion of reasonable accommodation requirements. If no method of conducting a remote informal hearings is available that appropriately accommodates an individual’s disability, the PHA may not hold against the individual his or her inability to participate in the remote informal hearing, and the PHA should consider whether postponing the remote hearing to a later date is appropriate or whether there is a suitable alternative. Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation will depend on the specific circumstances and requirements. As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal hearings, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote informal hearings. 3.I.c Packet Pg. 776 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-18 Conducting Informal Hearings Remotely The PHA must ensure that the lack of technology or inability to use technology for remote informal hearings does not pose a disadvantage to families that may not be apparent to the PHA. The PHA should determine through a survey or other means if these barriers exist prior to conducting the remote informal hearing and, if the family does not have the proper technology to fully participate, either postpone the informal hearing or provide an alternative means of access. As with in-person informal hearings, the PHA must provide all materials presented, whether paper or electronic, to the family prior to the remote informal hearing. The family must also be provided with an accessible means by which to transmit their own evidence. The PHA’s essential responsibility is to ensure informal hearings meet the requirements of due process and comply with HUD regulations. Therefore, all PHA policies and processes for remote informal hearings will be conducted in accordance with due process requirements, and will be in compliance with HUD regulations at 24 CFR 982.555 and the guidance for conducting remote hearings specified in Notice PIH 2020-32. PHA Policy The PHA will conduct remote informal hearings via a video conferencing platform, when available. If, after attempting to resolve any barriers, participants are unable to adequately access the video conferencing platform at any point, or upon request, the informal hearing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the telephone conferencing call-in at any point, the remote informal hearing will be postponed, and an in-person alternative will be provided promptly within a reasonable time. At least five business days prior to scheduling the remote hearing, the PHA will provide the family with login information and/or conferencing call-in information and an electronic copy of all materials being presented via first class mail and/or email. The notice will advise the family of technological requirements for the hearing and request the family notify the PHA of any known barriers. The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person hearing. The PHA will follow up with a phone call and/or email to the family at least one business day prior to the remote informal hearing to ensure that the family received all information and is comfortable accessing the video conferencing or call-in platform. The PHA will ensure that all electronic information stored or transmitted with respect to the informal hearing is secure, including protecting personally identifiable information (PII), and meets the requirements for accessibility for persons with disabilities and persons with LEP. 3.I.c Packet Pg. 777 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-19 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 decisions 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 does 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 request an informal hearing. In accordance with the PHA’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 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: The 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 statement 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. That the family may request a remote informal hearing A statement of the family’s right to request a Reasonable Accommodation for a person with a disability. A referral to the Santa Monica Office of the Legal Aid Foundation of Los Angeles. 3.I.c Packet Pg. 778 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-20 A statement that if the family does not avail itself of the opportunity for an informal hearing at the PHA, it may not appeal a termination decision. Availability of free language assistance, in accordance with the PHA’s LEP Plan; and That the participant may bring an interpreter to the informal hearing (other than a minor child) Scheduling an Informal 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, specify the determination being disputed, 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 hearing 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 termination, 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. If the PHA hearing will be conducted remotely, at the time the notice is sent to the family, the family will be notified: Regarding the processes involved in a remote informal hearing; That the PHA will provide technical assistance prior to and during the informal hearing, if needed; and That if the family or any individual witness has any technological, resource, or accessibility barriers, the family may inform the PHA and the PHA will assist the family in either resolving the issue or allow the family to participate in an in-person hearing, as appropriate. The family may request to reschedule a hearing 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, safety or welfare of the family. Requests to reschedule a hearing must be made orally or in writing prior to the hearing date. 3.I.c Packet Pg. 779 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-21 At its discretion, the PHA may request documentation of the “good cause” prior to rescheduling the hearing. If the family does not appear within 20 minutes of the initial scheduled time, and was unable to reschedule the hearing in advance due to the nature of the conflict, 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 accommodation for a person with disabilities. If the family cannot show good cause for the failure to appear, or a rescheduling is not needed as a reasonable accommodation, the PHA’s decision will stand. 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 opportunity 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 the family, the PHA 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 no cost to the family. The family must request discovery of PHA documents no later than five business days prior to the scheduled hearing date If the hearing will be conducted remotely, the PHA will compile a hearing packet, consisting of all documents the PHA intends to produce at the informal hearing. The PHA will mail copies of the hearing packet to the family, the family’s representatives, if any, and the hearing officer at least three days before the scheduled remote informal hearing. The original hearing packet will be in the possession of the PHA representative and retained by the PHA. Documents will be shared electronically whenever possible. 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 hearing. 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. 3.I.c Packet Pg. 780 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-22 PHA Policy For in-person hearings, the PHA will not require pre-hearing discovery by the PHA of family documents directly relevant to the hearing. If the informal hearing is to be conducted remotely, the PHA will require the family to provide any documents directly relevant to the informal hearing at least 24 hours before the scheduled hearing through the mail or via email. The PHA will scan and email copies of these documents to the hearing officer and the PHA representative the same day. Documents will be shared electronically whenever possible. Participant’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)] Informal hearings will be conducted by a person or persons approved by the PHA, other than the person who made or approved the decision or a subordinate of the person who made or approved the decision. Attendance at the Informal Hearing 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 representative 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 3.I.c Packet Pg. 781 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-23 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 that 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 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 hearing and presented as an illustrative aid to assist the hearing officer, such as a model, a chart or other diagram. 3.I.c Packet Pg. 782 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-24 Real evidence: A tangible item relating directly to the case. Hearsay Evidence is evidence based not on a witness’ personal knowledge. In and of itself, hearsay evidence carries no weight when making a finding of fact. The hearing officer may include hearsay evidence when considering their decision if it is corroborated by other evidence. Even though hearsay evidence is generally admissible in a hearing, the hearing officer will not base a hearing decision on hearsay alone unless there is clear probative value and credibility of the evidence, and the party seeking the change has met the burden of proof.If either the PHA (or the family, if required in a remote hearing) 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. Procedures for Rehearing 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. 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. PHA Policy In rendering a decision, the hearing officer will consider the following matters: PHA Notice to the Family: 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. 3.I.c Packet Pg. 783 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-25 Validity of Grounds for Termination of Assistance (when applicable): The hearing officer will determine if the termination of assistance is for one of the grounds specified in the HUD regulations and PHA policies. If the grounds for termination are not specified 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 statement 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. Findings 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. Issuance of Decision [24 CFR 982.555(e)(6)] 3.I.c Packet Pg. 784 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-26 A copy of the hearing must be furnished promptly to the family. PHA Policy The hearing officer will mail a “Notice of Hearing Decision” to the PHA and to the participant on the same day. This notice will be sent by first-class mail. The participant will be mailed the original “Notice of Hearing Decision” and a copy of the proof of mailing. A copy of the “Notice of Hearing Decision” will be maintained in the PHA’s file. Effect of Final Decision [24 CFR 982.555(f)] 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 federal, state 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 Executive Director has the authority to determine that the PHA is not bound by the decision of the hearing officer because the PHA was not required to provide a hearing, the decision exceeded the authority of the hearing officer, the decision conflicted with or contradicted HUD regulations, requirements, or the decision was otherwise contrary to federal, state, or local laws. In such a case, the PHA will mail a “Notice of Final Decision” to the PHA and the participant on the same day. The “Notice of Final Decision” will be sent by first-class mail. A copy of this notice will be maintained in the PHA’s 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 terminated 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 3.I.c Packet Pg. 785 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-27 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 financial 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 procedures for obtaining relief under 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 documentation 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. • 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 business 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 the PHA’s LEP Plan, a translated version of this notice, or notification of other appropriate language assistance, will be provided to LEP applicants. 3.I.c Packet Pg. 786 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-28 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 results. 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 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 denial, or within 30 days of receipt of the USCIS appeal 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 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 records 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. 3.I.c Packet Pg. 787 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-29 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 family 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 represented 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 request an interpreter. Upon request, the PHA will provide competent interpretation services, free of charge. 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 hearing. 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. Informal 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. 3.I.c Packet Pg. 788 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-30 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 informal hearing process: • 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 • The request for a USCIS appeal • The final USCIS determination • The request for an informal hearing • The final informal hearing decision 3.I.c Packet Pg. 789 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-31 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 part 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 part as a means to recover overpayments. 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 lawsuit State income tax set-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 frame 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 repayment 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. 3.I.c Packet Pg. 790 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-32 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: 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 will 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 requirement. 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 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 upon the third occurrence of unreported income 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 repayment 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. 3.I.c Packet Pg. 791 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-33 General Repayment Agreement Guidelines for Families Down Payment Requirement PHA Policy Before executing a repayment agreement with a family, the PHA will generally require 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 Notice PIH 2017-12 recommends that the total amount that a family must pay each month- the family’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 2017-12 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). 3.I.c Packet Pg. 792 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-34 Due Dates PHA Policy All payments are due by the close of business on the 15th day of the month. If the 15th does not fall on a business day, the due date is the close of business on the first business day after the 15th. 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 policies in Chapter 12. No Offer of Repayment Agreement 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 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. Repayment Agreements Involving Improper Payments Notice PIH 2017-12 requires certain provisions to be included in any repayment agreement involving amounts owed by a family because it underreported or failed to report income: 3.I.c Packet Pg. 793 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-35 • 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 consider 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 mailed to the family. This request is not subject to an informal hearing. 3.I.c Packet Pg. 794 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-36 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 corrective action plan required by HUD constitutes a default under the ACC [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 certification 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 Housing 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 time. Upon receipt of the PHA’s SEMAP certification, HUD will rate the PHA’s performance under each SEMAP indicator in accordance with program requirements. 3.I.c Packet Pg. 795 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-37 HUD Verification Method Several of the SEMAP indicators are scored based on a review of a quality control sample selected for this purpose. The PHA or the Independent Auditor must select an unbiased sample that provides an adequate representation of the types of information to be assessed, in accordance with SEMAP requirements [24 CFR 985.2]. If the HUD verification 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. 3.I.c Packet Pg. 796 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-38 SEMAP Indicators 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 selecting 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: Determination 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. 3.I.c Packet Pg. 797 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-39 • Points are based on whether the required quality control reinspection’s were completed, according to the PHA’s certification. 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-threatening 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 implemented 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 schedule(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. 3.I.c Packet Pg. 798 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-40 • Points are based on the percent of reexaminations that are more than 2 months overdue, according to data from PIC. 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 at least 98 percent of the number of the PHA’s baseline voucher units in the ACC for the calendar year ending on or before the PHA’s fiscal year, or whether the PHA has expended at least 98 percent of its allocated budget authority for the same calendar year. The PHA can receive 15 points if 95 to 97 percent of vouchers are leased or budget authority is utilized. • Points are based on utilization of vouchers and HAP expenditures as reported in the voucher management system (VMS) for the most recently completed calendar year. Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances Maximum Points: 10 • Only applies to PHAs with mandatory FSS programs. 3.I.c Packet Pg. 799 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-41 • 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. 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 standard 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. Deconcentration 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 50th 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. 3.I.c Packet Pg. 800 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-42 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 way 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 records 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; • Records 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. • Notice PIH 2014-20 requires PHAs to keep records of all complaints, investigations, notices, and corrective actions related to violations of the Fair Housing Act or the equal access final rule. The PHA must keep confidential records of all emergency transfer requested by victims of domestic violence, dating violence, sexual assault, and stalking under the PHA’s Emergency Transfer Plan, as well as the outcomes of such requests, and retain the records for a period of three years [24 CFR 5.2002(e)(12)]. 3.I.c Packet Pg. 801 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-43 If an informal hearing to establish a family’s citizenship status is held, longer retention 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. 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 Privacy 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 through 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 implement EIV security procedures required by HUD. 3.I.c Packet Pg. 802 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-44 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 final 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. 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 medical 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. 3.I.c Packet Pg. 803 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-45 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL 16-VII.A. OVERVIEW The PHA has certain responsibilities relative to children with elevated blood lead levels that are receiving HCV assistance. The notification, verification, and hazard reduction requirements are 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); NOTICE PIH 2017-13] The owner must report the name and address of a child identified as having an elevated blood lead level to the public health department within five business days of being so notified by any other medical health care professional. The owner must also notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child’s address within five business days. The PHA may collaborate with the owner on the notification process, such as by agreeing with the owner to provide the required notifications on the owner’s behalf. PHA Policy Upon notification by the owner, the PHA will provide the public health department written notice of the name and address of any child identified as having an elevated blood lead level within five business days. Upon notification by the owner, the PHA will notify the HUD field office and the HUD Office of Lead Hazard Control and Healthy Homes (OLHCHH) of the child’s address within five business days. 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 elevated blood lead level. If the PHA obtains names and addresses of elevated 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. 3.I.c Packet Pg. 804 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-46 At least quarterly, the PHA must also report an updated list of the addresses of units 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. Specifically, 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 will 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 department states that they do not want to receive this list. 3.I.c Packet Pg. 805 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-47 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 funding 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 average HAP. The projected number of units leased per month will take 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 proposed subsidy commitment (voucher issuance or move) based on the funding analysis, the PHA will be considered to have insufficient funding. 3.I.c Packet Pg. 806 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-48 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA) NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY 16-IX.A. OVERVIEW The Violence Against 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 local 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 Violence, 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 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. 3.I.c Packet Pg. 807 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-49 • 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 place 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 • 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 website. It will also make the information readily available to anyone who requests it. A copy of the notice of occupancy right under VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault, or stalking (Form HUD-5380, see exhibit 16-1) A copy of form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation (see Exhibit 16-2) A copy of the PHA’s emergency transfer plan (Exhibit 16-3) A copy of HUD’s Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 (Exhibit 16-4) 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 3.I.c Packet Pg. 808 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-50 Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] PHAs are required to inform program applicants and participants of 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 The PHA will provide all applicants with information about VAWA at the time they request an application for housing assistance, as part of the written briefing packet, and at the time the family is admitted to the program. 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 Exhibits 16-1 and 16-2. The PHA is not limited to providing VAWA information at the times specified in the above policy. If the PHA decides to provide VAWA information to a participant following an incident of domestic violence, Notice PIH 2017-08 cautions against sending the information by mail, since the abuser may be monitoring the mail. The notice recommends that in such cases the PHA make alternative delivery arrangements that will not put the victim at risk. PHA Policy Whenever the PHA has reason to suspect that providing information about VAWA to a participant might place a victim of domestic violence at risk, it will attempt to deliver the information by hand directly to the victim or by having the victim come to an office or other space that may be safer for the individual, making reasonable accommodations as necessary. For example, the PHA may decide not to send mail regarding VAWA protections to the victim’s unit if the PHA believes the perpetrator may have access to the victim’s mail, unless requested by the victim. When discussing VAWA with the victim, the PHA will take reasonable precautions to ensure that no one can overhear the conversation, such as having conversations in a private room. The victim may, but is not required to, designate an attorney, advocate, or other secure contact for communications regarding VAWA protections. 3.I.c Packet Pg. 809 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-51 Notification to Owners and Managers While PHAs are no longer required by regulation to notify owners and managers participating in the HCV program of their rights and obligations under VAWA, the PHA may still choose to inform them. 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 program and at least annually thereafter. The VAWA information provided to owners will consist of the notice in Exhibit 16-5 and a copy of form HUD-5382, Certification of Domestic Violence, Dating Violence, Sexual Assault, and Stalking and Alternate Documentation. 16-IX.D. DOCUMENTATION [42 U.S.C. § 14043E-11(C)(3); 24 CFR 5.2007] A PHA presented with a claim for initial 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 5.2007(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-5382, Certification of Domestic Violence, Dating Violence, 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. The form may be filled out and submitted on behalf of 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. The victim must also sign the documentation. 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]. 3.I.c Packet Pg. 810 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-52 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 by the deadline. The PHA may, in its discretion, extend the deadline for 10 business days. In determining whether to extend the deadline, the PHA will consider factors that may contribute to the victim’s inability to provide documentation in a timely manner, including cognitive limitations, disabilities, limited English proficiency, absence from the unit, administrative delays, the danger of further violence, and the victim’s need to address health or safety issues. Any extension granted by the PHA will be in writing. Once the victim provides documentation, the PHA will acknowledge receipt of the documentation within 10 business days. 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 documentation, as described above (forms 2 and 3). The PHA may also request third-party documentation when submitted documentation contains information that conflicts with existing information already available to the PHA. Individuals have 30 calendar days to return third-party verification to the PHA. If the PHA does not receive third-party documentation, and the PHA will deny or terminate assistance as a result, the PHA must hold separate hearings for the tenants [Notice PIH 2017-08]. 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 from 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. When requesting third-party documents, the PHA will provide contact information for local domestic violence and legal aid offices. In such cases, applicants or tenants will be given 30 calendar days from the date of the request to provide such documentation. 3.I.c Packet Pg. 811 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-53 If the PHA does not receive third-party documentation within the required timeframe (and any extensions) the PHA will deny VAWA protections and will notify the applicant or tenant in writing of the denial. If, as a result, the applicant or tenant is denied or terminated from the program, the PHA will hold separate hearings for the applicants or tenants. 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). HUD recommends documentation in a confidential manner when a verbal statement or other evidence is accepted. PHA Policy If the PHA accepts an individual’s statement or other corroborating evidence (as determined by the victim) of domestic violence, dating violence, sexual assault, or stalking, the PHA will document acceptance of the statement 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 individual 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. 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 required 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. 3.I.c Packet Pg. 812 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-54 EXHIBIT 16-1: NOTICE OF OCCUPANCY RIGHTS UNDER THE VIOLENCE AGAINST WOMEN ACT, FORM HUD-5380 Santa Monica Housing Authority Notice of Occupancy Rights under the Violence Against Women Act1 To all Tenants and Applicants The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating violence, sexual assault, or stalking. VAWA protections are not only available to women, but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.2 The U.S. Department of Housing and Urban Development (HUD) is the Federal agency that oversees that Housing Choice Voucher (HCV) Program is in compliance with VAWA. This notice explains your rights under VAWA. A HUD-approved certification form is attached to this notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking, and that you wish to use your rights under VAWA.” Protections for Applicants If you otherwise qualify for assistance under HCV, you cannot be denied admission or denied assistance because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Protections for Tenants If you are receiving assistance under HCV, you may not be denied assistance, terminated from participation, or be evicted from your rental housing because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied rental assistance or occupancy rights under HCV solely on the basis of criminal activity directly relating to that domestic violence, dating violence, sexual as sau lt , or stalking. Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or control); or any individual, tenant, or lawful occupant living in your household. Removing the Abuser or Perpetrator from the Household Santa Monica Housing Authority (PHA) may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking. 3.I.c Packet Pg. 813 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-55 1 Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual orientation. 2 Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD- insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. If the PHA chooses to remove the abuser or perpetrator, the PHA may not take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistance under the program, the PHA must allow the tenant who is or has been a victim and other household members to remain in the unit for a period of time, in order to establish eligibility under the program or under another HUD housing program covered by VAWA, or, find alternative housing. In removing the abuser or perpetrator from the household, the PHA must follow Federal, State, and local eviction procedures. In order to divide a lease, the PHA may, but is not required to, ask you for documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or stalking. Moving to Another Unit Upon request, the PHA may permit tenants to move to another unit, subject to the availability of other units, and still keep your assistance. In order to approve a request, the PHA may ask you to provide documentation that you are requesting to move because of an incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is a request for emergency transfer, the PHA may ask you to submit a written request or fill out a form where you certify that you meet the criteria for an emergency transfer under VAWA. The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If the PHA does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, the PHA may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. The PHA may choose to require that you submit a form or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from 3.I.c Packet Pg. 814 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-56 further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90- calendar- day period before you expressly request the transfer. The PHA will keep confidential requests for emergency transfers by victims of domestic violence, dating violence, sexual assault, or stalking, and the location of any move by such victims and their families. The PHA’s emergency transfer plan provides further information on emergency transfers, and the PHA must make a copy of its emergency transfer plan available to you if you ask to see it. Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual Assault or Stalking The PHA can, but is not required to, ask you to provide documentation to “certify” that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from the PHA must be in writing, and the PHA must give you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) from the day you receive the request t o provide the documentation. The PHA may, but does not have to, extend the deadline for the submission of documentation upon your request. You can provide one of the following to the PHA as documentation. It is your choice which of the following to submit if SMHA asks you to provide documentation that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking. • A complete HUD-approved certification form given to you by the PHA with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. • A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. • A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, “professional”) from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. • Any other statement or evidence that the PHA has agreed to accept. If you fail or refuse to provide one of these documents within the 14 business days, the PHA does 3.I.c Packet Pg. 815 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-57 not have to provide you with the protections contained in this notice. If the PHA receives conflicting evidence that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed (such as certification forms 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 abuser or perpetrator), the PHA has the right to request that you provide third-party documentation within thirty 30 calendar days in order to resolve the conflict. If you fail or refuse to provide third-party documentation where there is conflicting evidence, the PHA does not have to provide you with the protections contained in this notice. Confidentiality The PHA must keep confidential any information you provide related to the exercise of your rights under VAWA, including the fact that you are exercising your rights under VAWA. The PHA must not allow any individual administering assistance or other services on behalf of the PHA (for example, employees and contractors) to have access to confidential information unless for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law. The PHA must not enter your information into any shared database or disclose your information to any other entity or individual. The PHA, however, may disclose the information provided if: • You give written permission to the PHA to release the information on a time-limited basis. • The PHA needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. • A law requires the PHA or your landlord to release the information. VAWA does not limit the PHA’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. Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May Be Terminated You can be evicted and your assistance can be terminated for serious or repeated lease violations that are not related to domestic violence, dating violence, sexual assault, or stalking committed against you. However, the PHA cannot hold tenants who have been victims of domestic violence, dating violence, sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been victims of domestic violence, dating violence, sexual assault, or stalking. The protections described in this notice might not apply, and you could be evicted and your assistance terminated, if the PHA can demonstrate that not evicting you or terminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property. If the PHA can demonstrate the above, the PHA should only terminate your assistance or evict you if there are no other actions that could be taken to reduce or eliminate the threat. Other Laws 3.I.c Packet Pg. 816 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-58 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. You may be entitled to additional housing protections for victims of domestic violence, dating violence, sexual assault, or stalking under other Federal laws, as well as under State and local law. Non-Compliance with The Requirements of This Notice You may report a PHA’s violations of these rights and seek additional assistance, if needed, by contacting or filing a complaint with HUD Los Angeles Field Office, 300 North Los Angeles Street, Suite 4054, Los Angeles, CA 90012, (213) 894-8000. For Additional Information You may view a copy of HUD’s final VAWA rule at https://www.gpo.gov/fdsys/pkg/FR- 2016- 11-16/pdf/2016-25888.pdf. Additionally, the PHA must make a copy of HUD’s VAWA regulations available to you if you ask to see them. For questions regarding VAWA, please contact Santa Monica Housing Authority, 1901 Main Street, Suite A, Santa Monica, CA 90405, (310) 458-8743. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact The People Concern - Sojourn (310) 264-6644 or Westside Domestic Violence Network (310) 264-6646. For tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our- programs/stalking-resource-center. For help regarding sexual assault, you may contact Rape Treatment Center, 1250 16th Street, Santa Monica 90404 (310) 319-4000, The People Concern - Sojourn (310) 264-6644 or Westside Domestic Violence Network (310) 264-6646 Victims of stalking seeking help may contact any of the above-mentioned organizations. Attachment: Certification form HUD-5382 3.I.c Packet Pg. 817 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-59 EXHIBIT 16-2: CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING AND ALTERNATE DOCUMENTATION, FORM HUD-5382 CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017 DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATE DOCUMENTATION Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking. In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant. Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any 3.I.c Packet Pg. 818 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-60 extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING 1. Date the written request is received by victim: _________________________________________ 2. Name of victim: ___________________________________________________________________ 3. Your name (if different from victim’s):________________________________________________ 4. Name(s) of other family member(s) listed on the lease:___________________________________ _________________________________________________________________________________ __ 5. Residence of victim: ________________________________________________________________ 6. Name of the accused perpetrator (if known and can be safely disclosed):____________________ _________________________________________________________________________________ _ 3.I.c Packet Pg. 819 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-61 7. Relationship of the accused perpetrator to the victim:___________________________________ 8. Date(s) and times(s) of incident(s) (if known):___________________________________________ _________________________________________________________________ 10. Location of incident(s):_____________________________________________________________ This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature __________________________________Signed on (Date) ___________________________ Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number. In your own words, briefly describe the incident(s): ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 3.I.c Packet Pg. 820 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 16-62 EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING (HCV VERSION) Attachment: Certification form HUD-5382 Santa Monica Housing Authority Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Housing Choice Voucher Program Emergency Transfers The Santa Monica Housing Authority (PHA) is concerned about the safety of its tenants, and such concern extends to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against Women Act (VAWA),4 the PHA allows tenants who are victims of domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from the tenant’s current unit to another unit. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.5 The ability of the PHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the PHA has another dwelling unit that is available and is safe to offer the tenant for temporary or more permanent occupancy. 4Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. 5Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national origin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be made available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or marital status. 3.I.c Packet Pg. 821 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 63 This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and guidance to tenants on safety and security. This plan is based on a model emergency transfer plan published by the U.S. Department of Housing and Urban Development (HUD), the federal agency that oversees that the public housing and housing choice voucher (HCV) programs are in compliance with VAWA. Eligibility for Emergency Transfers A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in HUD’s regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90- calendar- day period preceding a request for an emergency transfer. A tenant requesting an emergency transfer must expressly request the transfer in accordance with the procedures described in this plan. Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility requirements in this section. Emergency Transfer Request Documentation To request an emergency transfer, the tenant shall notify the PHA’s management office and submit a written request for a transfer to any PHA office. The PHA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant’s written request for an emergency transfer should include either: 1. A statement expressing that the tenant reasonably believes that there is a threat of imminent harm from further violence if the tenant were to remain in the same dwelling unit assisted under the PHA’s program; OR 2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-calendar-day period preceding the tenant’s request for an emergency transfer. 3.I.c Packet Pg. 822 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 64 Confidentiality The PHA will keep confidential any information that the tenant submits in requesting an emergency transfer, and information about the emergency transfer, unless the tenant gives the PHA written permission to release the information on a time-limited basis, or disclosure of the information is required by law or required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is provided, from the person or persons that committed an act of domestic violence, dating violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against Women Act for All Tenants for more information about the PHA’s responsibility to maintain the confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or stalking. Emergency Transfer Timing and Availability The PHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. The PHA will, however, act as quickly as possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. The PHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. If the PHA has no safe and available units for which a tenant who needs an emergency transfer is eligible, the PHA will assist the tenant in identifying other housing providers who may have safe and available units to which the tenant could move. At the tenant’s request, the PHA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking that are attached to this plan. 3.I.c Packet Pg. 823 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 65 Emergency Transfers: Housing Choice Voucher (HCV) Program Tenant-based assistance: If you are a participant in the tenant-based HCV program and request an emergency transfer as described in this plan, the PHA will assist you to move to a safe unit quickly using your existing voucher assistance. The PHA will make exceptions to program regulations restricting moves as required. At your request, the PHA will refer you to organizations that may be able to further assist you. Project-based assistance: If you are assisted under the project-based voucher (PBV) program, you may request an emergency transfer under the following programs for which you are not required to apply: • Tenant-based voucher, if available • Project-based assistance in the same project (if a vacant unit is available and you determine that the vacant unit is safe) Emergency transfers under VAWA will take priority over waiting list admissions for these types of assistance. You may also request an emergency transfer under the following programs for which you are required to apply: • PBV assistance in another development not owned by the PHA • HOME • Continuum of Care Emergency transfers will not take priority over waiting list admissions for these programs. At your request, the PHA will refer you to organizations that may be able to further assist you. 3.I.c Packet Pg. 824 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 66 Safety and Security of Tenants Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged to take all reasonable precautions to be safe. Tenants who are or have been victims of domestic violence are encouraged to contact the National Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling 1-800-787-3224 (TTY). Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest National Network’s National Sexual Assault Hotline at 1-800-656-HOPE, or visit the online hotline at: https://ohl.rainn.org/online/. Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of Crime’s Stalking Resource Center at: https://www.victimsofcrime.org/our- programs/stalking-resource-center. Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. 3.I.c Packet Pg. 825 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Attachment: Local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You may also contact: The People Concern - Sojourn (310) 264-6644 Westside Domestic Violence Network (310) 264- 6646. For tenants who are or have been victims of stalking. You may visit the National Center for Victims of Crime’s Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource- center. For help regarding sexual assault, you may contact: Rape Treatment Center, 1250 16th Street, Santa Monica 90404 (310) 319- 4000 The People Concern - Sojourn (310) 264-6644 Westside Domestic Violence Network (310) 264-6646 Victims of stalking seeking help may contact any of the above-mentioned organizations. 3.I.c Packet Pg. 826 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public EXHIBIT 16-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, FORM HUD-5383 EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No. 2577- 0286 REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017 VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not necessarily mean that you will receive an emergency transfer. See your housing provider’s emergency transfer plan for more information about the availability of emergency transfers. The requirements you must meet are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation. In response, you may submit Form HUD-5382, or any one of the other types of documentation listed on that Form. (2) You expressly request the emergency transfer. Submission of this form confirms that you have expressly requested a transfer. Your housing provider may choose to require that you submit this form or may accept another written or oral request. Please see your housing provider’s emergency transfer plan for more details. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which you are seeking your transfer, and that assault happened within the 90-calendar- 3.I.c Packet Pg. 827 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public day period before you submit this form or otherwise expressly request the transfer. Submission of Documentation: If you have third-party documentation that demonstrates why you are eligible for an emergency transfer, you should submit that documentation to your housing provider if it is safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom you have sought assistance; a current restraining order; a recent court order or other court records; a law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including emails, voicemails, text messages, and social media posts. Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer shall be kept confidential. Such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections or an emergency transfer to you. Such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER 1. Name of victim requesting an emergency transfer: ______________________________________ 2. Your name (if different from victim’s)_________________________________________________ 3. Name(s) of other family member(s) listed on the lease:____________________________________ ______________________________________________________________________________ _____ 4. Name(s) of other family member(s) who would transfer with the victim:____________________ ______________________________________________________________________________ ______ 5. Address of location from which the victim seeks to transfer: _______________________________________ 3.I.c Packet Pg. 828 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 6. Address or phone number for contacting the victim:____________________________________ 7. Name of the accused perpetrator (if known and can be safely disclosed):___________________ 8. Relationship of the accused perpetrator to the victim:___________________________________ 9. Date(s), Time(s) and location(s) of incident(s):___________________________________________ ______________________________________________________________________________ _______ 10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90 days on the premises of the property from which the victim is seeking a transfer? If yes, skip question 11. If no, fill out question 11. ______________ 11. Describe why the victim believes they are threatened with imminent harm from further violence if they remain in their current unit. ______________________________________________________________________________ _______ 12. If voluntarily provided, list any third-party documentation you are providing along with this notice: ___________________________________________________________________ This is to certify that the information provided on this form is true and correct to the best of my knowledge, and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency transfer. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Signature __________________________________Signed on (Date) ___________________________ 3.I.c Packet Pg. 829 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS Santa Monica Housing Authority NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV applicants, tenants, and participants from being denied assistance on the basis or as a direct result of being a victim of domestic violence, dating violence, sexual assault and stalking. Purpose Many of VAWA’s protections to victims of domestic violence, dating violence, sexual assault and stalking involve action by the public housing agency (PHA), but some situations involve action by owners of assisted housing. The purpose of this notice (herein called “Notice”) is to explain your rights and obligations under VAWA, as an owner of housing assisted through the PHA HCV program. Each component of this Notice also provides citations to HUD’s applicable regulations. Denial of Tenancy Protections for applicants: Owners cannot deny tenancy based on the applicant having been or currently being a victim of domestic violence, dating violence, sexual assault, or stalking. However, the applicant must be otherwise eligible for tenancy. (See 24 Code of Federal Regulations (CFR) 982.452(b)(1).) Eviction Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual assault, or stalking will not be considered a serious or repeated lease violation by the victim, or good cause to terminate the tenancy of the victim (24 CFR 5.2005(c)). Protection also applies to criminal activity related directly to domestic violence, dating violence, sexual assault, or stalking, conducted by a member of a tenant’s household or any guest or other person under the tenant’s control, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking (24 CFR 5.2005(b)(2)). Limitations of VAWA protections: a. Nothing in the VAWA Final Rule limits the authority of an owner, when notified of a court order, to comply with a court order with respect to (24 CFR 5.2005(d)(1)): 1) The rights of access or control of property, including civil protection orders issued to protect a victim of domestic violence, dating violence, sexual assault, or stalking; or 2) The distribution or possession of property among members of a household in a case. b. Nothing in the VAWA Final Rule limits an owner from evicting a victim of domestic violence, dating violence, sexual assault, or stalking for a lease violation that is not premised on an act of domestic violence, dating violence, sexual assault, or stalking, as long as the owner does not subject the victim to more demanding standards than other tenants when deciding whether to evict. (See 24 CFR 5.2005(d)(2).) 3.I.c Packet Pg. 830 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public c. Nothing in the VAWA Final Rule limits an owner from evicting a tenant (including the victim of domestic violence, dating violence, sexual assault, or stalking) if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to the HCV property would be present if the tenant or lawful occupant is not evicted. (See 24 CFR 5.2005(d)(3).) i. In this context, words, gestures, actions, or other indicators will be considered an “actual and imminent threat” if they meet the following standards: An actual and imminent threat consists of a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. 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, and the length of time before the potential harm would occur. (See 24 CFR 5.2003.) ii. Any eviction due to “actual and imminent threat” should be utilized by an owner only when there are no other actions that could be taken to reduce or eliminate the threat, including, but not limited to, transferring the victim to a different unit, barring the perpetrator from the property, contacting law enforcement to increase police presence or develop other plans to keep the property safe, or seeking other legal remedies to prevent the perpetrator from acting on a threat. Restrictions predicated on public safety cannot be based on stereotypes, but must be tailored to particularized concerns about individual residents. (See 24 CFR 5.2005(d)(4).) Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence, dating violence, sexual assault, or stalking, the owner has the option to request that the victim document or provide written evidence to demonstrate that the violence occurred. However, nothing in HUD’s regulation requires a covered housing provider to request this documentation. (See 24 CFR 5.2007(b)(3).) If the owner chooses to request this documentation, the owner must make such request in writing. The individual may satisfy this request by providing any one document type listed under 24 CFR 5.2007(b)(1): a. Form HUD-55383 (Self-Certification Form); or b. A document: 1) Signed by an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional or a mental health professional (collectively, “professional”) from whom the victim has sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse: 2) Signed by the applicant or tenant; and 3) That specifies, under penalty of perjury, that the professional believes in the occurrence of the incident of domestic violence, dating violence, sexual assault, or stalking that is the ground for protection and remedies under 24 CFR part 5, subpart L, and that the incident meets the applicable definition of domestic violence, dating violence, sexual assault, or stalking under 24 CFR 5.2003; or 3.I.c Packet Pg. 831 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public c. A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or d. At the discretion of a covered housing provider, a statement or other evidence provided by the applicant or tenant. The owner must accept any of the above items (a – c). The owner has discretion to accept a statement or other evidence (d). The owner is prohibited from requiring third-party documentation of the domestic violence, dating violence, sexual assault, or stalking, unless the submitted documentation contains conflicting information. If the owner makes a written request for documentation, the owner may require submission of that documentation within 14 business days after the date that the individual received the written request for documentation. (24 CFR 5.2007(a)(2)). The owner may extend this time period at its discretion. During the 14-business day period and any granted extensions of that time, no adverse actions, such as evictions or terminations, can be taken against the individual requesting VAWA protection. Once a victim provides documentation of domestic violence, dating violence, sexual assault, or stalking, the owner is encouraged to acknowledge receipt of the documentation in a timely manner. If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR 5.2007 within 14 business days after receiving the written request for that documentation or within the designated extension period, nothing in VAWA Final Rule may be construed to limit the authority of the covered housing provider to: a. Deny admission by the applicant or tenant to the housing or program; b. Deny assistance under the covered housing program to the applicant or tenant; c. Terminate the participation of the tenant in the covered housing program; or d. Evict the tenant, or a lawful occupant that commits a violation of a lease. An individual’s failure to timely provide documentation of domestic violence, dating violence, sexual assault, or stalking does not result in a waiver of the individual’s right to challenge the denial of assistance or termination, nor does it preclude the individual’s ability to raise an incident of domestic violence, dating violence, sexual assault, or stalking at eviction or termination proceedings. Moves A victim of domestic violence, dating violence, sexual assault, or stalking may move in violation of their lease if the move is required to protect their safety. If a move results in the termination of the Housing Assistance Payment Contract, the lease is automatically terminated. Lease Bifurcation Owners may choose to bifurcate a lease, or remove a household member from a lease in order to evict, remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal activity directly relating to domestic violence, dating violence, sexual 3.I.c Packet Pg. 832 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public assault, or stalking against an affiliated individual or other individual. (See 24 CFR 5.2009(a).) If an owner chooses to bifurcate the lease, the owner must comply with the reasonable time to establish eligibility under the covered housing program or find alternative housing following lease bifurcation provision in 24 CFR 5.2009(b). VAWA protections, including bifurcation, do not apply to guests or unreported members of a household or anyone else residing in a household who is not a tenant. Eviction, removal, termination of occupancy rights, or termination of assistance must be effected in accordance with the procedures prescribed by federal, state, or local law for termination of leases. To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek court-ordered eviction of the perpetrator pursuant to applicable laws. This process results in the underlying lease becoming null and void once the owner regains possession of the unit. The owner would then execute a new lease with the victim. Evictions Due to “Actual and Imminent Threat” or Violations Not Premised on Abuse The VAWA Final Rule generally prohibits eviction on the basis or as a direct result of the fact that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for assistance, participation or occupancy. (See 24 CFR 5.2005.) However, the VAWA Final Rule does not prohibit an owner from evicting a tenant for any violation not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in question against the tenant or an affiliated individual of the tenant. Nor does the VAWA Final Rule prohibit an owner from evicting a tenant if the owner can demonstrate an actual and imminent threat to other tenants or those employed at or providing services to property of the owner would be present if that tenant or lawful occupant is not evicted or terminated from assistance. (See 5.2005(d)(2) and (3).) In order to demonstrate an actual and imminent threat to other tenants or employees at the property, the covered housing provider must have objective evidence of words, gestures, actions, or other indicators that meet the standards in the following definition: Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. 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; and • The length of time before the potential harm would occur. (See 24 CFR 5.2003 and 5.2005(d)(2).) 3.I.c Packet Pg. 833 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Confidentiality Any information submitted to a covered housing provider under 24 CFR 5.2007, including the fact that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking, must be maintained in strict confidence by the covered housing provider. (See 24 CFR 5.2007(c).) Employees of the owner (or those within their employ, e.g., contractors) must not have access to the information unless explicitly authorized by the owner for reasons that specifically call for these individuals to have access to this information under applicable Federal, State, or local law (e.g., the information is needed by an employee to provide the VAWA protections to the victim). The owner must not enter this information into any shared database, or disclose this information to any other entity or individual, except to the extent that disclosure is: a. Requested or consented to in writing by the individual (victim) in a time-limited release; b. Required for use in an eviction proceeding or hearing regarding termination of assistance from the covered program; or c. Otherwise required by applicable law. When communicating with the victim, owners must take precautions to ensure compliance with these confidentiality requirements. Service Providers The PHA has extensive relationships with local service providers. The PHA staff are available to provide referrals to shelters, counselors, and advocates. These resources are also provided in the PHA Annual and 5-Year Plan, Administrative Plan, VAWA Notice of Occupancy Rights, and Emergency Transfer Plan. A list of local service providers is attached to this Notice. Definitions Actual and imminent threat refers to a physical danger that is real, would occur within an immediate time frame, and could result in death or serious bodily harm. 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, and the length of time before the potential harm would occur. Affiliated individual, with respect to an individual, means: (1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual stands in the place of a parent or guardian (for example, the affiliated individual is a person in the care, custody, or control of that individual); or (2) Any individual, tenant, or lawful occupant living in the household of that individual. 3.I.c Packet Pg. 834 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process under the requirements of the applicable HUD-covered program and State or local law, such that certain tenants or lawful occupants can be evicted or removed and the remaining tenants or lawful occupants can continue to reside in the unit under the same lease requirements or as may be revised depending upon the eligibility for continued occupancy of the remaining tenants and lawful occupants. Dating violence means 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: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction. The term “spouse or intimate partner of the victim” includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for the person’s individual safety or the safety of others; or (2) Suffer substantial emotional distress. VAWA means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.). Attached: Legal services and the domestic violence resources for the Metro area Form HUD-5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking PHA VAWA Notice of Occupancy Rights. 3.I.c Packet Pg. 835 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-1 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 describes 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 environmental 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 IV: Rehabilitated and Newly Constructed 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 discusses 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 VI: Selection of PBV Program Participants. This part describes the requirements and policies governing how the PHA and the owner will select a household to receive PBV assistance. Part VII: Occupancy. This part discusses occupancy requirements related to the lease and describes under what conditions households 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 VIII: Determining Rent to Owner. 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. 3.I.c Packet Pg. 836 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-2 PART I: GENERAL REQUIREMENTS 17-I.A. OVERVIEW [24 CFR 983.5; FR NOTICE 1/18/17; NOTICE PIH 2017-21] The project-based voucher (PBV) program allows PHAs that already administer a Section 8 HCV tenant- based voucher program under an annual contributions contract (ACC) with HUD to allocate up to 20 percent of its authorized budget and attach the funding to specific sites 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 authorized units for project-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 enter into HAP Contract (Agreement) 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-based 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]. Additional Project-Based Units [FR Notice 1/18/17; Notice PIH 2017-21] The PHA may project-base an additional 10 percent of its units above the 20 percent program limit. The units may be distributed among one, all, or a combination of the categories as long as the total number of units does not exceed the 10 percent cap. Units qualify under this exception if the units: • Are specifically made available to house individuals and households that meet the definition of homeless under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) and contained in the Continuum of Care Interim Rule at 24 CFR 578.3. • Are specifically made available to house households that are comprised of or include a veteran. • Veteran means an individual who has served in the United States Armed Forces. • Provide supportive housing to persons with disabilities or elderly persons as defined in 24 CFR 5.403. • Are in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year Estimates. Only units that that are under a HAP contract that was first executed on or after April 18, 2017, are covered by the 10 percent exception. 3.I.c Packet Pg. 837 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-3 PHA Policy The PHA may project-base up to an additional 10 percent of its authorized units, up to 30 percent, in accordance with HUD regulations and requirements. Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] PBV units under the RAD program and HUD-VASH PBV set-aside vouchers do not count toward the 20 percent limitation when PBV assistance is attached to them. In addition, units that were previously subject to certain federal rent restrictions or were receiving another type of long-term housing subsidy provided by HUD are not subject to the cap. The unit must be covered under a PBV HAP contract that first became effective on or after 4/18/17. PHA Policy The PHA may project-base units not subject to the 20 percent cap in accordance with HUD regulations and requirements. 17-I.B. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE [24 CFR 983.2] Many of the Section 8 HCV tenant-based 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 Section 8 HCV 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 Real 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 of 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 issuances. 3.I.c Packet Pg. 838 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-4 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 Plan certification on civil rights and affirmatively furthering fair housing, submitted in accordance with 24 CFR 903.7(o). 3.I.c Packet Pg. 839 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-5 PART II: PBV OWNER PROPOSALS 17-II.A. OVERVIEW With certain exception, the PHA must describe the procedures for owner submission of PBV proposals and for PHA 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 the 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 of 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 competitive selection of proposals (e.g., HOME, and units for which competitively awarded Low Income Housing Tax Credits have been provided), where the proposal has been selected in accordance with such program's competitive selection requirements within three years of the PBV proposal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. Units Selected Non-Competitively [FR Notice 1/18/17; Notice PIH 2017-21; 24 CFR 983.51(b)] For certain public housing projects where the PHA has an ownership interest or control, the PHA may attach PBV assistance non-competitively without following one of the two processes above. This exception applies when the PHA is engaged in an initiative to improve, develop, or replace a public housing property or site. The public housing units may either currently be in the public housing inventory or may have been removed from the public housing inventory within five years of the date on which the PHA entered into the AHAP or HAP. If the PHA is planning rehabilitation or new construction on the project, a minimum threshold of $25,000 per unit in hard costs must be expended. 3.I.c Packet Pg. 840 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-6 If the PHA plans to replace public housing by attaching PBV assistance to existing housing in which the PHA has an ownership interest or control, then the $25,000 per unit minimum threshold does not apply as long as the existing housing substantially complies with HQS. The PHA must include in the administrative plan what work it plans to do on the property or site and how many PBV units will be added to the site. PHA Policy The PHA will not attach PBVs to projects owned by the PHA as described above. Solicitation and Selection of PBV Proposals [24 CFR 983.51 (c)] PHA procedures for selecting PBV proposals must be designed and 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 circulation and other means designed and 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 of interested parties. PHA Policy The PHA will not accept proposals from developments funded by City Housing Trust Funds, except for properties which provide supportive housing for persons experiencing homelessness, or persons living with disabilities. PHA Policy A proposal submitted for a unit occupied by an existing tenant must include documentation that the tenant has occupied the unit for a minimum of twelve consecutive months. 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. Santa Monica Daily Press The advertisement will state the number of vouchers available to be project-based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements. In addition, the PHA will post the RFP and proposal submission and rating and ranking procedures on its website. 3.I.c Packet Pg. 841 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-7 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 calendar 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 deadline 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 experience 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 obtain 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; Three factors will be considered regarding supportive services: • Funding commitments • Experience with population • Location of services PHA Requests 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. 3.I.c Packet Pg. 842 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-8 Santa Monica Daily Press The advertisement will state the number of vouchers available to be project-based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements. In addition, the PHA will post the notice inviting such proposal submission and the rating and ranking procedures on its website. 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 capability 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 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; Three factors will be considered regarding supportive services: • Funding commitments • Experience with population • Location of services 3.I.c Packet Pg. 843 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-9 PHA Selection of Proposals Subject to a Previous Competition under a Federal, State, or Local Housing Assistance Program The PHA may accept proposals 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 periodically advertise that it is accepting proposals, in the following newspapers and trade journals: Santa Monica Daily Press The advertisement will state the number of vouchers available to be project-based, the type of units that will be considered, the submission deadline, and will note how to obtain the full RFP with information on the application and selection process. Advertisements will also contain a statement that participation in the PBV program requires compliance with Fair Housing and Equal Opportunity (FHEO) requirements. 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 following 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 complements 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, Choice Neighborhood, or Renewal Community. PHA-Owned Units [24 CFR 983.51(e), 983.59, FR Notice 1/18/17, and Notice PIH 2017-21] 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. This also applies to noncompetitive selections. If the PHA selects a proposal for housing that is owned or controlled by the PHA, the PHA must identify the entity that will review the PHA proposal selection process and perform specific functions with respect to rent determinations, the term of the HAP contract, and inspections. 3.I.c Packet Pg. 844 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-10 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 initial 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 a manager of PHA-owned units may submit a proposal 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 process. 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 household any fee for the appraisal or the services provided by the independent entity. PHA Notice 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 general 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 writing all owners that submitted proposals that were not selected. In addition, the PHA will publish its notice for selection of PBV proposals for two consecutive days in the same newspapers and trade journals 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. The PHA will not make available sensitive owner information that is privileged, such as financial statements and similar 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 $.25 per page. 3.I.c Packet Pg. 845 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-11 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 accordance 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 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 household ineligible for participation 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 elderly; 3.I.c Packet Pg. 846 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-12 • 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 requirements. 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, NOTICE PIH 2013-11, AND FR NOTICE 2/28/20] The subsidy layering review 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 concessions or tax credits. HUD requires new construction and rehabilitation housing that will include forms of governmental assistance other than PBVs to undergo a subsidy layering review (SLR) prior to entering into an Agreement to Enter into Housing Assistance Payments Contract (AHAP). Subsidy layering requirements do not apply to existing housing, when PBV is the only governmental assistance, or for projects already subject to a PBV HAP contract, even if the project is recapitalized with outside sources of funding. When a PHA selects a new construction or rehabilitation project, the PHA must require information regarding all HUD and/or other federal, state, or local governmental assistance to be disclosed by the project owner using Form HUD-2880. Appendix A of FR Notice 2/28/20 contains a list of all required documentation. Either HUD or a HUD-approved housing credit agency (HCA) in the PHA’s jurisdiction performs the subsidy layering review. The PHA must request an SLR through their local HUD Field Office or, if eligible, through a participating HCA. If the SLR request is submitted to an approved HCA, and the proposed project-based voucher assistance meets HUD subsidy layering requirements, the HCA must submit a certification to HUD and notify the PHA. The PHA may proceed to execute an AHAP at that time if the environmental approval is received. The HAP 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, FR Notice 1/18/17, and Notice PIH 2017-21] In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter into an agreement 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 assistance during the term of the PBV contract is more than the greater of 25 units or 25 percent of the number of dwelling units (assisted or unassisted) in the project. 3.I.c Packet Pg. 847 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-13 Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] As of April 18, 2017, units are not counted against the 25 percent per project cap if: • The units are exclusively for elderly households • The units are for households eligible for supportive services available to all households receiving PBV assistance in the project • If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17]. The Housing Opportunity Through Modernization Act of 2016 (HOTMA) eliminated the project cap exemption for projects that serve disabled households and modified the exception for supportive services. Projects where these caps were implemented prior to HOTMA (HAP contracts executed prior to 4/18/17) may continue to use the former exceptions and may renew their HAP contracts under the old requirements, unless the PHA and owner agree to change the conditions of the HAP contract. However, this change may not be made if it would jeopardize an assisted household’s eligibility for continued assistance in the project. Supportive Services PHAs must include in the PHA administrative plan the type of services offered to households for a project to qualify for the exception and the extent to which such services will be provided. As of 4/18/17, the project must make supportive services available to all households receiving PBV assistance in the project, but the household does not actually have to accept and receive supportive services for the exception to apply to the unit, although the household must be eligible to receive the supportive services. It is not necessary that the services be provided at or by the project, but must be reasonably available to households receiving PBV assistance at the project and designed to help households in the project achieve self-sufficiency or live in the community as independently as possible A PHA may not require participation in the supportive service as a condition of living in the excepted unit, although such services may be offered. PHA Policy Excepted units will be limited to units for elderly households and households receiving supportive services. Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice PIH 2017-21] PBV units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD are exempt from the project cap. In other words, 100 percent of the units in these projects may receive PBV assistance. PHA Policy The PHA administers PBV in buildings previously funded under Section 202 which were converted and are not subject to the cap. 3.I.c Packet Pg. 848 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-14 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 multihousehold building containing excepted units or in a single-household 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 units or 25 percent of units. PHA Policy: Excepted units will be limited to units for elderly families. Beyond that, the PHA will not impose any further cap on the number of PBV units assisted per building. 17-II.G. SITE SELECTION STANDARDS Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)] The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site or enter into an agreement 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 and the PHA Administrative Plan. In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from the standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations, 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 complying with this goal, the PHA will limit approval of sites for PBV housing in census tracts that have poverty concentrations of 20 percent or less. However, the PHA will grant exceptions to the 20 percent standard where the PHA determines that the PBV assistance will complement other local redevelopment activities designed to deconcentrate poverty, mitigate gentrification, and expand housing and economic opportunities in census tracts with poverty concentrations greater than 20 percent, such as sites in: 3.I.c Packet Pg. 849 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-15 A census tract in which the proposed PBV development will be located in a HUD- designated Enterprise Zone, Economic Community, Choice Neighborhood, 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 redevelopment; 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 impact 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 educational 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 size, exposure, and contour to accommodate the number and type of units proposed; • Have adequate utilities and streets available to service 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 accessible 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 • Be located so that travel time and cost via public transportation or private automobile from the 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 size, exposure, and contour to accommodate the number and type of units proposed; • The site must have adequate utilities and streets available to service the site; 3.I.c Packet Pg. 850 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-16 • The site must not be located in an area of minority concentration unless the PHA determines that sufficient, comparable opportunities exist for housing for minority households in the income range to be served by the proposed project outside areas of minority concentration or that the project is necessary 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. • The site must promote 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 household life or in which substandard dwellings or other undesirable conditions predominate; • The housing must be accessible 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 places 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 review 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 supply 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 applicable) as a result of the environmental review. 3.I.c Packet Pg. 851 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-17 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 procedures 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 program. HQS requirements for shared 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-based 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, and 40 CFR 745.227, 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-selection Inspection [24 CFR 983.103(a)] The PHA must examine the proposed site before the proposal selection date. If the units to be assisted already 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 3.I.c Packet Pg. 852 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-18 comply with HQS on the proposal selection date. However, the PHA may not execute the HAP contract until the units fully comply with HQS. Pre-HAP Contract Inspections [24 CFR 983.103(b), FR Notice 1/18/17, and Notice PIH 2017-20] The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not provide assistance on behalf of the family until the unit fully complies with HQS, unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life- threatening conditions, or if the unit passed an alternative inspection. PHA Policy The PHA will not provide assistance on behalf of the family until the unit fully complies with HQS. Turnover Inspections [24 CFR 983.103(c)] Before providing assistance to a new household in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the household until the unit 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 contract 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 initial 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 consider complaints and any other information coming to its attention in scheduling inspections. The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the household) has corrected an HQS violation, and must conduct inspections to determine the basis for exercise of contractual and other remedies for owner or household 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. 3.I.c Packet Pg. 853 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-19 Inspecting PHA-Owned Units [24 CFR 983.103(f)] In the case of PHA-owned units, the inspections must be performed by an independent entity 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 reports from the independent entity, including exercise of contractual remedies for violation of the HAP contract by the PHA-owner. 3.I.c Packet Pg. 854 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-20 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS 17-IV.A. OVERVIEW [24 CFR 983.151] There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated housing that do not apply to PBV assistance in existing housing. This part 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. AGREEMENT TO ENTER INTO HAP CONTRACT In order to offer PBV assistance in rehabilitated or newly constructed units, 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)]. Content 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 owner 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 required 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; 3.I.c Packet Pg. 855 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-21 • Description of the work to be performed under the Agreement. For rehabilitated 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. • Any additional requirements for quality, architecture, or design over and above HQS. 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 that subsidy layering requirements have been met, and before construction or rehabilitation 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 applicable federal labor relations laws and regulations. The PHA must monitor compliance with labor standards. 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 project 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. 3.I.c Packet Pg. 856 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-22 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. 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 owner 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 and 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. 3.I.c Packet Pg. 857 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-23 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 households. Housing assistance is paid for contract units leased and occupied by eligible households during 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 owner; • 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 Act 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 households; 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), unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life-threatening conditions. 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 completed units and has determined that the units have been completed in accordance with the agreement to enter into the contract, and the owner furnishes all required evidence of completion. 3.I.c Packet Pg. 858 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-24 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 agreement to enter into contract, all units meet HQS, and the owner has submitted all required evidence of completion. Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice of PIH 2017-21] 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 20 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 20 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income households. Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by HUD 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 authority; The condition of the contract units; The owner’s record of compliance with obligations under the 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) and FR Notice 1/18/17] The contract must provide that the term of the PHA’s contractual commitment is subject to the availability of sufficient appropriated 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 assistance payments payable to the owner for any contract year in accordance with the terms of the contract. In times of insufficient funding, HUD requires that PHAs first take all cost-saving measures prior to failing to make payments under existing PBV HAP contracts. 3.I.c Packet Pg. 859 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-25 If it is determined that there may not be sufficient funding 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)] 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 beginning of the contract term, the owner may terminate the contract by giving notice to the PHA. In this case, households living in the contract units must be offered tenant-based assistance. Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice of PIH 2017-21] Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give tenants one-year advance notice under such terms as HUD may require. Upon termination or expiration of the contract, a household living at the property is entitled to receive a tenant-based voucher. Tenant-based assistance would not begin until the owner’s required notice period ends. The PHA must provide the household with a voucher and the household must also be given the option by the PHA and owner to remain in their unit with HCV tenant-based assistance as long as the unit complies with inspection and rent reasonableness requirements. The household must pay their total tenant payment (TTP) and any additional amount if the gross rent exceeds the applicable payment standard. The household has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance. The owner may not terminate the tenancy of a household that exercises its right to remain except for serious or repeated lease violations or other good cause. Households that receive a tenant-based voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA HCV tenant-based program and are not subject to income eligibility requirements or any other admission requirements. If the household chooses to remain in their unit with tenant-based assistance, the household may do so regardless of whether the household share would initially exceed 40 percent of the household’s adjusted monthly income. 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. 3.I.c Packet Pg. 860 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-26 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 HAP 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 [FR Notice 1/18/17 and Notice of PIH 2017-21] The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that already have a HAP contract without having to fulfill the selection requirements found at 24 CFR 983.51(b) for those additional PBV units, regardless of when the HAP contract was signed. The additional PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to attaching additional units without competition, the PHA must submit to the local field office information outlined in FR Notice 1/18/17. The PHA must also detail in the Administrative Plan their intent to add PBV units and the rationale for adding units to the specific PBV project. PHA Policy The PHA will add units to the contract on a case-by-case basis to ensure the availability of affordable housing as long as the addition of units does not exceed allowable project caps The PHA will consider adding units to the HAP contract when the PHA determines that additional housing is needed to serve eligible low-income households. 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 displaced households); and Voucher holders are having difficulty finding units that meet program requirements such as units with mobility or hearing/visual features. Additional housing units have become available within the development. 3.I.c Packet Pg. 861 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-27 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.206(C) AND 983.302(E)] 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 CONTRACT [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 household 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 household resides in the contract unit for which the owner is receiving HAP, and the unit is the household’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 household 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 by 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 household does not own or have any interest in the contract unit. 3.I.c Packet Pg. 862 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-28 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 household. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner. The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional requirements must be specified in the Agreement 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 agreement to enter into contract. Vacancy 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 vacancy 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 The 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 these payments. 3.I.c Packet Pg. 863 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-29 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 selecting applicants from the waitlist. Even with these similarities, there are requirements that are unique to the PBV program. This part describes the requirements and policies related to eligibility and admission to the PBV program. 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(A) AND (B)] The PHA may select households 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 participants, 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 assistance. Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant- based voucher program and any building specific targeting requirements. Applicants must qualify as a household as defined by HUD and the PHA, have income at or below HUD-specified income limits, and qualify on the basis of citizenship or the eligible immigration status of household members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant household must provide social security information for household members [24 CFR 5.216 and 5.218] and consent to the PHA’s collection and use of household information regarding income, expenses, and household composition [24 CFR 5.230]. An applicant household must also meet HUD requirements related to current or past criminal activity. PHA Policy The PHA will determine an applicant household’s eligibility for the PBV program in accordance with the policies in Chapter 3. In-Place Households [24 CFR 983.251(b)] An eligible household residing in a proposed PBV contract unit on the date the proposal is selected by the PHA is considered an “in-place household.” These households 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 household on the date the proposal is selected, the in- place household must be placed on the PHA’s waitlist. Once the household’s continued eligibility is determined (the PHA may deny assistance to an in-place household for the grounds specified in 24 CFR 982.552 and 982.553), the household must be given an absolute selection preference and the PHA must refer these households to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in-place households is not subject to income targeting requirements. 3.I.c Packet Pg. 864 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-30 This regulatory protection from displacement does not apply to households that are not eligible to participate in the program on the proposal selection date. 17-VI.C. ORGANIZATION OF THE WAITLIST [24 CFR 983.251(C)] The PHA may establish a separate waitlist for PBV units or it may use the same waitlist for both Section 8 HCV tenant-based and project-based assistance. The PHA may also merge the PBV waitlist with a waitlist for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waitlist for PBV assistance, the PHA must offer to place applicants who are listed on the tenant-based waitlist on the waitlist for PBV assistance. If a PHA decides to establish a separate PBV waitlist, the PHA may use a single waitlist for the PHA’s whole PBV program, or it may establish separate waitlists for PBV units in particular projects or buildings or for sets of such units. PHA Policy The PHA will maintain multiple PBV waitlists. Applications to be Placed on PBV Waitlist(s) To be placed on a PBV waitlist, applicants must go to www.waitlistcheck.com and complete and submit the application in order to be accepted by the PHA for processing. Applicants must select all PBV waitlists that they wish to be placed on. Applicants must meet all requirements for each waitlist to be considered (see Eligibility and Placement on the Waitlist(s)). All required information must be filled out for the PHA to accept the application(s). Incomplete applications will not be accepted. Purging the PBV Waitlist(s) The PHA will periodically purge the waitlists. See Administrative Plan 4-II.F, pages 4-7. Removal from the Waitlist(s) See Administrative Plan 4-II.F, pages 4-7 and 4-8. Eligibility and Placement on the Waitlist(s) Applicants to a PBV waitlist are required to meet criteria specific to the PBV site. Some PBV sites have specific restrictions, such as being limited to seniors, supportive housing graduates, or transitional age youth. Applicants who do not meet the PBV site requirements are not eligible to be placed on the waitlist. To see the eligibility requirements for the current PBV sites, go to www.waitlistcheck.com. Eligible applicants will be placed on the PBV waitlist(s) according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA (see Selection Method). 3.I.c Packet Pg. 865 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-31 Applicants will receive instant confirmation of receipt when they complete the online application. Waitlist Applicants PBV waitlist status can be checked on waitlistcheck.com. The status of the applications will be available 30 business days after the opening date of the PBV waitlist. Reporting Changes in Household Circumstances See Administrative Plan 4-II.E page 4-6 Selection Method To be eligible for a PBV waitlist, applicants must meet additional, specific eligibility requirements. To see the eligibility requirements for the current PBV sites, go to waitlistcheck.com. Hierarchy of Preferences and Order of Selection PREFERENCES POINT VALUE Displaced Preference: • An involuntarily displaced applicant who has or will be required to vacate housing in the City of Santa Monica (See Section 4-III.C. SELECTION METHOD for full definition of displaced preference) 4 Funding Shortfalls Preference: • An eligible applicant that was previously terminated from a PHA program due to insufficient program funding 3 Continuum of Care (CoC) or Supportive Housing Graduate Preference: • CoC graduates or tenants residing in City-funded supportive housing properties in Santa Monica who are stable and no longer require service participation to prevent them from recycling into homelessness (See Chapter 19 for full definition of CoC and supportive housing graduates) 2 3.I.c Packet Pg. 866 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-32 • Live: Applicants who are residents of Santa Monica • Work: o Applicants who work a minimum of 25 hours per week in Santa Monica. (Applicants who work for a temporary agency do not qualify for the preference if they are on a temporary assignment). o Applicants who were immediately previously in the Santa Monica workforce but are now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from a Santa Monica employer. o Applicants who are in a job training program in Santa Monica, subject to the PHA’s approval. 1 Date and Time of Application: Within each targeted funding or preference category, households will be selected on a first-come, first-served basis according to their PBV waitlist application date and time. 0 The numerical point values indicated in the table above reflect priority households. Households can meet the criteria for only one of the point values. Notification of Selection The PHA will notify the applicant when selected from the waitlist. Applicants must provide all required documentation by the date specified, or the applicant will be removed from the waitlist(s). Removal from the PBV waitlist(s) will not affect the applicant’s status on the Section 8 HCV tenant-based waitlist. See Administrative Plan 4-III.D, E, F, pages 4-15 to 4-17 3.I.c Packet Pg. 867 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-33 17-VI.D. SELECTION FROM THE WAITLIST [24 CFR 983.251(C)] Applicants who will occupy units with PBV assistance must be selected from the PHA’s waitlist. The PHA may establish selection criteria or preferences for occupancy of particular PBV units. Income Targeting [24 CFR 983.251(c)(6)] At least 75 percent of the households admitted to the PHA’s tenant-based and project-based voucher programs during the PHA fiscal year from the waitlist must be extremely low-income households. The income targeting requirement applies to the total of admissions to all programs. Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting households to occupy PBV units that have special accessibility features for persons with disabilities, the PHA must first refer households 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 households as described in Section 17-VI.B. above. The PHA may establish a selection preference for households who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units, provided that preference is consistent with the PHA plan. The PHA may not, however, grant a preference to a person with a specific disability [FR Notice 1/18/17]. In advertising such a project, the owner may advertise the project as offering services for a particular disability; however, the project must be open to all otherwise eligible disabled persons who may benefit from services provided in the project. In these projects, disabled residents may not be required to accept the particular services offered as a condition of occupancy. If the PHA has projects with “excepted units” for elderly households or supportive services, the PHA must give preference to such households when referring households to these units [24 CFR 983.261(b); FR Notice 1/18/17]. PHA Policy The PHA will provide a selection preference when required by the regulation (e.g., eligible in- place households, elderly households or units with supportive services, or mobility impaired persons for accessible units). The PHA may offer additional preferences for particular projects or units. 3.I.c Packet Pg. 868 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-34 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 household who has applied for, received, or refused an offer of PBV assistance: • Refuse to list the applicant on the waitlist for tenant-based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant’s place on the waitlist 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 waitlist. Disapproval by Landlord [24 CFR 983.251(e)(2)] If a PBV owner rejects a household for admission to the owner’s units, such rejection may not affect the household’s position on the tenant-based voucher waitlist. Acceptance of Offer [24 CFR 983.252] Household Briefing When a household accepts an offer for PBV assistance, the PHA must give the household an oral briefing. The briefing must include information on how the program works and the responsibilities of the household and owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a household, the household obligations under the program, and applicable fair housing information. Persons with Disabilities If an applicant household’s head or spouse is disabled, the PHA must assure effective 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 referring a household that includes a member with mobility impairment to an appropriate accessible PBV unit. Persons with Limited English Proficiency The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2). 3.I.c Packet Pg. 869 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-35 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 households 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 for 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 households that are selected and referred by the PHA from the PHA’s waitlist. The contract unit leased to the household must be the appropriate size unit for the size of the household, 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. After receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of households for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to minimize the likelihood and length of any vacancy. 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 households 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 that the contract may 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 60th day of the vacancy. The amendment to the contract will be effective the 1st day of the month following the date of the PHA’s notice. 3.I.c Packet Pg. 870 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-36 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 household’s behavior or suitability for tenancy. However, the PHA may opt to screen applicants for household behavior or suitability for tenancy and may deny applicants based on such screening. PHA Policy The PHA will not conduct screening to determine if applicant household’s is suitable for tenancy. The PHA must provide the owner with an applicant household’s current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the household’s current landlord and any prior landlords. In addition, the PHA may offer the owner other information the PHA may have about a household, including information about the tenancy history of household members or about drug trafficking and criminal activity by household members. The PHA must provide applicant households 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 Responsibility The owner is responsible for screening and selection of the household to occupy the owner’s unit. When screening households the owner may consider a household’s background with respect to the following factors: • Payment of rent and utility bills; • Caring for a unit 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. 3.I.c Packet Pg. 871 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-37 PART VII: OCCUPANCY 17-VII.A. OVERVIEW After an applicant has been selected from the waitlist, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the household will sign the lease and occupancy of the unit will begin. 17-VII.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 premises, 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 with 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 information: • 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; 3.I.c Packet Pg. 872 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-38 • 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. 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 household members and any PHA-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)] The 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 household with a tenant-based voucher and remove the unit from a 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 same 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 household use or other non-residential purpose. 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 from the unit that is shorter than the maximum period permitted by PHA policy. According to program requirements, the 3.I.c Packet Pg. 873 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-39 household’s assistance must be terminated if tenants are absent from the unit for more than 90 consecutive days. Exceptions may be made for medical reasons, in-patient substance treatment, hospitalizations, household care for medical reasons, reserve or active military leave, 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 all 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 balance 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 from the tenant. The PHA has no liability or responsibility for payment of any amount owed by the household to the owner. 17-VII.C. MOVES Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.259] If the PHA determines that a household is occupying a wrong size unit, based on the PHA’s subsidy standards, or a unit with accessibility features that the household does not require, and the unit is needed by a household that does require the features, the PHA must promptly notify the household and the owner of this determination, and the PHA must offer the household the opportunity to receive continued housing assistance in another unit. PHA Policy The PHA will notify the household and the owner of the household’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 household 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 3.I.c Packet Pg. 874 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-40 Tenant-based voucher assistance. If the PHA offers the household 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 household’s voucher (including any extension granted by the PHA). If the PHA offers the household another form of assistance that is not a tenant-based voucher, and the household does not accept the offer, does not move out of the PBV unit within a reasonable time 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 household another form of assistance that is not a tenant-based voucher, the household will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the household 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 household’s control such as death, serious illness, or other medical emergency of a household member. Household Right to Move [24 CFR 983.260] The household may terminate the lease at any time after the first year of occupancy. The household 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 household wishes to move with continued tenant-based assistance, the household must contact the PHA to request the assistance prior to providing notice to terminate the lease. If the household terminates the lease in accordance with these requirements, the PHA is required to offer the household 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 household’s lease in the PBV unit, the PHA must give the household priority to receive the next available opportunity for continued tenant- based assistance. If the household terminates the assisted lease before the end of the first year, the household relinquishes the opportunity for continued tenant-based assistance. Emergency Transfers under VAWA [Notice PIH 2017-08] Except where special consideration is needed for the project-based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4). 3.I.c Packet Pg. 875 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-41 HUD requires that the PHA include policies that address when a victim has been living in a unit for less than a year or when a victim seeks to move sooner than a tenant-based voucher is available. PHA Policy When the victim of domestic violence, dating violence, sexual assault, or stalking has lived in the unit for less than one year, the PHA will provide several options for continued assistance. The PHA will first try to transfer the participant to another PBV unit in the same development or transfer to a different development where the PHA has PBV units. The PHA will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible. If no units are available for an internal transfer, or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to either tenant-based rental assistance (HCV) or assistance in the PHA’s public housing program. Such a decision will be made by the PHA based on the availability of tenant-based vouchers and/or vacancies in public housing units. Such households must be selected from the waitlist for the applicable program. The PHA has adopted a waitlist preference for victims of domestic violence, dating violence, sexual assault, and stalking in both its HCV and public housing programs in order to expedite this process. See Section 4-III.C. of this administrative plan. If a victim wishes to move after a year of occupancy in the unit, but no tenant-based vouchers are available, the PHA will offer the participant an internal transfer to another PBV unit in the same development or a transfer to a different development where the PHA has PBV units. The PHA will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible. If no units are available for an internal transfer, or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to the PHA’s public housing program. The PHA has adopted a waitlist preference for victims of domestic violence, dating violence, sexual assault, and stalking as part of the public housing ACOP in order to expedite this process. 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262, FR NOTICE 1/18/17; NOTICE PIH 2017-21] As of April 17, 2018, the PHA may not pay housing assistance under a PBV HAP contract for more than the greater of 25 units or 25 percent of the number of dwelling units in a project unless: • The units are exclusively for elderly households • The units are for households eligible for supportive services available to all households receiving PBV assistance in the project 3.I.c Packet Pg. 876 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-42 • If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17]. When a household (or remaining members of a household) residing in an excepted unit that no longer meets the criteria for a “qualifying household” because the household is no longer elderly or disabled due to a change in household composition, the PHA has the discretion to allow the household to remain in the expected unit. If the PHA does not exercise this discretion, the household, 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 household. Individuals in units with supportive services who choose to no longer participate in a service or who no longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied continued housing opportunity because of this changed circumstance. A PHA or owner cannot determine that a participant’s needs exceed the level of care offered by qualifying services or require that individuals be transitioned to different projects based on service needs. If the household 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 possible 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 household. The housing assistance payments for a household residing in an excepted unit that is not in compliance with its household obligations to comply with supportive services requirements must be terminated by the PHA. The PHA may allow a household that initially qualified for occupancy of an excepted unit based on elderly household status to continue to reside in a unit, where through circumstances beyond the control of the household (e.g., death of the elderly household member or long-term or permanent hospitalization or nursing care), the elderly household member no longer resides in the unit. In this case, the unit may continue to be counted as an excepted unit for as long as the household resides in that unit. Once the household vacates the unit, in order to continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by a qualified household. PHA Policy The PHA will allow households who initially qualified to live in an excepted unit to remain when circumstances change due to circumstances beyond the remaining household members’ control. In all other cases, the PHA will provide written notice to the household and owner within 10 business days of making the determination. The household will be given 120 days from the date of the notice to move out of the PBV unit. If the household does not move out within this 120-day time frame, the PHA will terminate the housing assistance payments at the expiration of this 120- day period. 3.I.c Packet Pg. 877 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-43 The PHA may make exceptions to this 120-day period if needed for reasons beyond the household’s control such as death, serious illness, or other medical emergency of a household member. 3.I.c Packet Pg. 878 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-44 PART VIII: DETERMINING RENT TO OWNER 17-VIII.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 enter into contract (Agreement) states the 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 term 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 fair market rent. 17-VIII.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 (FMR) (or any HUD-approved exception payment standard) for the unit bedroom size minus any utility allowance; • The reasonable rent; or • The rent requested 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. These different limits apply to contract units that meet all of the following 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; • There are comparable tax credit units of the same bedroom size as the contract 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 FMR 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. 3.I.c Packet Pg. 879 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-45 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 qualified 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 redetermination 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 consider using the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent. The owner must explain the need to use the previous FMRs or utility allowances 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, the PHA may decide to use the FMR or utility allowances in effect during the 30-day period before the start date of the contract, or redetermination of rent, if the PHA determines it is necessary due to PHA budgetary constraints. 3.I.c Packet Pg. 880 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-46 Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)] While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenant-based program under SAFMRs may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this policy, it must apply to all future PBV projects and the PHA’s entire jurisdiction. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective date of PHA implementation, provided the owner is willing to mutually agree to doing so and the application is prospective. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract. PHA Policy The PHA will not apply SAFMRs to the PHA’s PBV program. Redetermination of Rent [24 CFR 983.302] The PHA must redetermine the rent to owner upon the owner’s request or when there is a 10 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.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in 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 must 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. 3.I.c Packet Pg. 881 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-47 Rent Decrease If there is a decrease in the rent to owner, as established in accordance 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 redetermined 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 for 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. REASONABLE 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 Determinations Are Required The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur: • There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the contract) as compared with the FMR that was in effect one year before the contract anniversary date; • The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant; • The contract 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. 3.I.c Packet Pg. 882 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-48 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 amenities, 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 property. PHA-Owned 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 reasonable 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-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL In addition to the rent limits discussed in Section 17-VIII.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. 3.I.c Packet Pg. 883 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-49 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) below 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. 3.I.c Packet Pg. 884 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-50 PART IX: PAYMENTS TO OWNER 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 household. 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 agree 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 household 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 contract. 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 household moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the household 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 household has vacated the unit and identifies the date when the household 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 3.I.c Packet Pg. 885 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-51 • The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment. 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 household. The amount of tenant rent is determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the household and owner. The household 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 household for rental of a contract unit. The tenant rent covers all housing services, 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 household 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 household for nonpayment by the PHA. Likewise, the 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. 3.I.c Packet Pg. 886 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. Page 17-52 Utility Reimbursements If the amount of the utility allowance exceeds the total tenant payment, the PHA must 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 household or to the utility supplier on behalf of the household. If the PHA chooses to pay the utility supplier directly, the PHA must notify the household of the amount paid to the utility supplier. PHA Policy The PHA will make utility reimbursements to the household. 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 assisted 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 or provided at no additional cost to unsubsidized tenants in the premises. 3.I.c Packet Pg. 887 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-1 CHAPTER 18 : THE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN INTRODUCTION This chapter provides an overview of the family self-sufficiency (FSS) program and FSS action plan, including the purpose, organization, and required contents of the FSS action plan. Part I: The Family Self-Sufficiency (FSS) Program and FSS Action Plan: This part provides an overview of the family self-sufficiency program and the purpose of the FSS action plan. Part II: 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) PROGRAM AND FSS ACTION PLAN 18-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- sufficiency 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 new 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 family self-sufficiency program is administered by the Housing Authority for the jurisdiction of City of Santa Monica. 3.I.c Packet Pg. 888 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-2 18-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 Grievance 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 18-I.C. THE FAMILY SELF-SUFFICIENCY ACTION PLAN The family self-sufficiency (FSS) action plan is required by HUD. The purpose of the FSS action plan is to establish policies for carrying out the family self-sufficiency program in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s Agency Plan. This FSS action plan is a supporting document to the PHA Agency Plan, and is available for public review as required by 24 CFR Part 903. This family self-sufficiency action plan 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 laws. 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 family self-sufficiency regulations, as well as all public housing and HCV regulations, in addition to federal, state, and local fair housing laws and regulations. 3.I.c Packet Pg. 889 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-3 PART II. REQUIREMENTS OF THE FSS ACTION PLAN 18-II.A. OVERVIEW A PHA must have a HUD-approved action plan before implementing an FSS program, regardless 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. 18-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 mandatory 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 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 consider those decisions. 18-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 must 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. For voluntary 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 3.I.c Packet Pg. 890 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-4 established because the PHA chose 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 program may submit one action 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. Revision 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 the 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. 18-II.D. CONTENTS OF THE PLAN [24CFR 984.201(d)] HUD regulations state that there are several components that must be included in the 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 participate in the program. • Estimate of participating families, which means the number of families which can reasonably be expected to receive supportive 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. 3.I.c Packet Pg. 891 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-5 • 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 nonminority 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. • A description of the PHA’s policies regarding phasing out the program upon the PHA meeting the mandatory minimum program size requirements. • 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. 18-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 data 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 households with or without children 48% White, 25% African American, 24% Latino, 1.1% Asian/Pacific Islander, .2 3.I.c Packet Pg. 892 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-6 % Native American, and 1% mixed ethnicity (1% unknown ethnicity). The average size of each household is 1.61 persons. 3.I.c Packet Pg. 893 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-7 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 chapter 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 strategies. 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 IV: 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. 3.I.c Packet Pg. 894 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-8 PART I: PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM 18-I.A. PURPOSE The purpose of the family self-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 implementing 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-sufficiency defined as a completion of the contract of participation. 18-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 welfare 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 forms 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 through 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 committee (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. 18-I.C. BASIC REQUIREMENTS 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. 3.I.c Packet Pg. 895 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-9 PART II: SCOPE OF THE FSS PROGRAM 18-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 Section 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 combined 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; 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. 3.I.c Packet Pg. 896 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-10 PHA Minimum Program Size The PHA’s original housing choice voucher FSS MMPS was 235. This MMPS was 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). The PHA will phase out the program upon meeting the MMPS. 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, the 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 not 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. When the PHA has met the mandatory minimum program size, the PHA will no longer enroll new participants for the FSS program or approve requests for contract extensions. Current FSS participants will continue to receive supportive services and accrue escrow credits accordingly through the completion period of their FSS contracts 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 3.I.c Packet Pg. 897 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-11 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 participating in the FSS program on the part of eligible families. 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 may 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)]. 18-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 FSS program, based on available and anticipated federal, tribal, state, local, and private resources. 18-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. 18-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 3.I.c Packet Pg. 898 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-12 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. 3.I.c Packet Pg. 899 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-13 PART III: PROGRAM OPERATION 18-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. 18-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 the 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.). 18-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 the obligation to operate an FSS program 18-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 extension of the required deadlines. 3.I.c Packet Pg. 900 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-14 18-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. 3.I.c Packet Pg. 901 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-15 PART IV: DEFINITIONS 18-IV.A. DEFINITIONS [24 CFR 984.103] The terms 1937 Act, fair market rent, HUD, low-income family, public housing, public housing agency (PHA), secretary, and Section 8, as used in this document are defined in the 24 CFR Part 5. The term very 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 family self-sufficiency 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 secretary 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 governmental 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. The 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 payments, any cash or in-kind benefits, or funds deposited in or accrued interest on the FSS escrow account established by a PHA 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 voucher program participants. Eligible families also include current residents of public housing and participants in the housing choice voucher program who are participants in other local self- sufficiency programs. Enrollment means the date that the FSS family entered into the contract of participation with the PHA. Family self-sufficiency 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. 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 3.I.c Packet Pg. 902 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-16 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 participation. 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 fiscal year (starting with October 1, and ending September 30, and designated by the calendar year in which it 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 the 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 committee (PCC) means the committee described 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. 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; transportation necessary to enable a participating family to receive available services or to commute to their places of employment; remedial education; education for completion of 3.I.c Packet Pg. 903 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-17 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 unit 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 earned 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 otherwise 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 social security. 3.I.c Packet Pg. 904 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-18 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. 3.I.c Packet Pg. 905 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-19 PART I. STAFFING, FEES AND COSTS, AND ON-SITE FACILITIES 18-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. 18-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. 18-I.C. ADMINISTRATIVE FEES AND COSTS The ways in which administrative fees and costs are funded differ for public housing 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 the 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 HUD- 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)]. In addition, administrative fees for HUD-approved costs not specifically related to the 3.I.c Packet Pg. 906 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-20 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]. 18-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 choice voucher program, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from unrestricted net assets [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. 18-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 located at: 1901 Main Street, Suite A, Santa Monica, CA 90405, available to provide supportive services under the housing choice voucher FSS program. 3.I.c Packet Pg. 907 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-21 PART II: PROGRAM COORDINATING COMMITTEE 18-II.A. OVERVIEW As another integral part of FSS program administration, each 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. 18-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 consist 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 FSS 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 meeting. 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 or programs funded under the Workforce Investment Act, and other organizations, such as other state, 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. 3.I.c Packet Pg. 908 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-22 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/financial education, childcare, and legal services. 18-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 may, at its discretion, choose to utilize an existing entity as its program coordinating committee. 3.I.c Packet Pg. 909 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-23 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, waiting list management, 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 FSS 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 Support 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. 3.I.c Packet Pg. 910 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-24 PART I. INCENTIVES, OUTREACH, AND ASSURANCE OF NONINTERFERENCE 18-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 families 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 choice 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. 18-I.B. INCENTIVES FOR PARTICIPATION [24 984.201(d)(5)] By regulation, the FSS action plan must include a PHA’s incentives plan—a description of the incentives that the PHA intends to offer eligible families 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 as 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 3.I.c Packet Pg. 911 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-25 18-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 these 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. The PHA will not conduct any FSS program outreach when the mandatory minimum program size requirement has been met and the PHA is no longer enrolling new FSS participants. Location/Activity Staff/Partner Method Language* 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 Referral Form Waiting Room PHA Staff Flyer Posters 3.I.c Packet Pg. 912 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-26 Inspections PHA Staff Inspector Flyer Presentation 3.I.c Packet Pg. 913 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-27 18-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 decision 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 FSS 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 public 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. 3.I.c Packet Pg. 914 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-28 PART II. FAMILY SELECTION 18-II.A. OVERVIEW 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. 18-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 members currently enrolled in an FSS-related service program or who 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 plan: • 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 will 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 selection 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 preferences, 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 be described in the action plan [24 CFR 984.203(b)]. 3.I.c Packet Pg. 915 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-29 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. 18-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 those 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 Permitted 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 readily 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 impairments, 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 factors 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 factors which may result in discriminatory practices or treatment toward individuals with disabilities or minority or nonminority groups [24 CFR 984.203(C)(3)]. Other Selection Factors In addition to motivational screening, the PHA may also wish to screen families 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 3.I.c Packet Pg. 916 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-30 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. Unavailable Support Services Selection Factor If the PHA determines, after consulting with the family, that a missing service 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 and did not complete the program. 3.I.c Packet Pg. 917 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-31 PART III. ACTIVITIES AND SUPPORT SERVICES 18-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 family self-sufficiency (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. As such, upon selection, families are matched with the appropriate activities and supportive services so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. This is a vital element of the FSS program. 18-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 families, 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 to these needs. PHA Policy Supportive services needs are identified by completion of a needs assessment with the FSS coordinator or case manager. 18-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 assumes 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: 3.I.c Packet Pg. 918 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-32 Support Service General Support Service Specific Source/Partner Assessment Vocational Assessment Educational Assessment Vocational Planning Educational Planning Disability Assessment Disability Vocational Assessment/Planning Disability Educational 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-based 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 3.I.c Packet Pg. 919 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-33 Support Service General Support Service Specific Source/Partner Job Search Assistance Resume Preparation Interviewing Skills Dress for Success Workplace Skills Job Development Job Placement 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 Community Clinic General Hospital 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 Microbusiness Assistance Program Small Business Administration Business Incubator Homeownership Training Planning Debt Resolution Public Housing Authority Housing Counseling Organization Community-based Organizations 3.I.c Packet Pg. 920 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-34 Support Service General Support Service Specific Source/Partner Individual Development Accounts Match Savings 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 Afterschool 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 Protective 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 3.I.c Packet Pg. 921 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-35 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 18-III.D. CERTIFICATION OF COORDINATION [24 CFR 984.201(d)(12)] The FSS action plan is required to contain a certification that 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. PHA 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 other 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 and services. 3.I.c Packet Pg. 922 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-36 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, sets 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 participate 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. 3.I.c Packet Pg. 923 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-37 PART I: OVERVIEW AND FAMILY OBLIGATIONS 18-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 self-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. 18-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) establishes specific interim and final goals by which the PHA and the family measure the family’s progress toward fulfilling its obligations under the contract of participation and becoming self-sufficient. Interim and final goals will differ depending on the family’s individual needs. Further, 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 assistance 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 3.I.c Packet Pg. 924 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-38 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]. PHA Policy The PHA will permit additional family members to have an ITSP if funding and resources are available. 3.I.c Packet Pg. 925 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-39 18-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 regulatory 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)]. This means that the PHA has the ultimate responsibility for making the decision regarding the suitability of employment. However, this decision must be made in conjunction with the head of the FSS family [Notice PIH 93-24, G-3]. 3.I.c Packet Pg. 926 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-40 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 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. 18-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 • Terminate the family's participation in the FSS program • In an HCV FSS program, terminate or withhold 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 independent 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 under 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 failure 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 meet, 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. 3.I.c Packet Pg. 927 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-41 Finally, if neither of these alternatives is successful, the FSS coordinator will terminate the COP for failure to complete the tasks, interim goals, or 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 obligations 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 3.I.c Packet Pg. 928 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-42 PART II. CONTRACT SPECIFICATIONS 18-II.A. OVERVIEW 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. 18-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 five-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 cause 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 the FSS family to continue to have amounts credited to the family’s FSS account. 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. The PHA will not accept requests for contract extensions when the mandatory minimum requirement program size has been met and the PHA is phasing out the program 18-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 modify 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. 3.I.c Packet Pg. 929 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-43 PHA Policy In the PHA’s FSS program, the COP will be modified by mutual agreement between the PHA and the head of household: 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 receive 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 Actions 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. 18-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 qualifies 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. 18-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 still 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 would be offered for remaining self-sufficient [24 CFR 984.303(j)]. PHA Policy 3.I.c Packet Pg. 930 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-44 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 if funding is available. 18-II.F. TERMINATION 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 • Failure of the FSS family to meet its obligations 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 • The family’s withdrawal from the FSS program • 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, without 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 participation is automatically terminated if the family’s HCV assistance is terminated in accordance with HUD requirements [24 CFR 984.303(h)]. 18-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 3.I.c Packet Pg. 931 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-45 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. PHA Policy The PHA will not withhold or terminate HCV housing assistance if the PHA determines that the FSS family failed 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. 18-II.H. NULLIFICATION OF CONTRACT FOR UNAVAILABILITY OF SUPPORTIVE SERVICES [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 these 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 progress 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 modify the contract of participation to remove any obligation on the part of the FSS family to accept 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. 18-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 voucher 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 3.I.c Packet Pg. 932 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-46 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 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 3.I.c Packet Pg. 933 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-47 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 an 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 part 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 requirements for managing the escrow account, including both accounting and reporting requirements. 3.I.c Packet Pg. 934 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-48 PART I. THE ESCROW ACCOUNT 18-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. 18-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 participation. 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 families, 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 not 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. 3.I.c Packet Pg. 935 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-49 18-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, the amount in an FSS account in excess of any amount the FSS family owes 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 family 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 before 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 expenses 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 completion 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)]. 3.I.c Packet Pg. 936 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-50 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, if 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 FSS family, after consultation with the PHA, have the right to designate another family member to receive the funds. 18-I.D. USE OF FSS ACCOUNT FUNDS FOR HOMEOWNERSHIP According to regulation, a public housing FSS family may use its FSS account funds for the purchase of a home, including the purchase of a home under one of HUD’s homeownership programs, or other federal, state, or local homeownership programs, unless the use is prohibited by the statute or regulations governing the particular homeownership program [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]. 18-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 3.I.c Packet Pg. 937 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-51 used in accordance with HUD requirements governing the use of program receipts [24 CFR 984.305(f)(2)(i)]. 3.I.c Packet Pg. 938 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-52 PART II. ESCROW FUND ACCOUNTING AND REPORTING 18-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. 18-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 Investment 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 credited to each family’s FSS account based on the balance in each family’s FSS account at the end of the period for which the 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 FSS family has fraudulently underreported income, the amount credited to the FSS account will be based on the income amounts originally reported by the FSS family. 3.I.c Packet Pg. 939 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-53 18-II.C. REPORTING 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 beginning of the reporting period • The amount of the family’s rent payment that was credited to the FSS account, 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. 3.I.c Packet Pg. 940 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-54 PORTABILITY IN HOUSING CHOICE VOUCHER FSS PROGRAMS INTRODUCTION PHAs 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 jurisdiction 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. This 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 FSS 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. 3.I.c Packet Pg. 941 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-55 PART I: PORTABILITY IN THE FSS PROGRAM 18-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 effects 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 when a family moves into or from another PHA’s jurisdiction. 18-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 selected for participation in the tenant- based program of another PHA. The receiving PHA either absorbs the family into its program, including issuing a voucher and providing rental assistance to the family, or bills the initial PHA for the family’s housing assistance 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. 18-I.C. RESIDENCY REQUIREMENTS Families 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 period of 12 months after the effective date of the contract of participation. However, 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)]. 3.I.c Packet Pg. 942 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-56 18-I.D. CONTRACT OF PARTICIPATION Once a family moves outside the initial PHA’s jurisdiction, a determination will need to 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 family 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 contract 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 receiving 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 FSS 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)]. 3.I.c Packet Pg. 943 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 18-57 PART II: THE EFFECTS OF PORTABILITY ON FSS REGULATIONS AND POLICY 18-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 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. 18-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. Regardless 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. However, when an FSS family is absorbed by the receiving PHA, the initial PHA transfers the family’s FSS account to the receiving PHA, and the receiving PHA begins administering the account. 18-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 under portability as it is if the noncompliance occurred in the initial PHA’s jurisdiction. According to the regulatory language, if 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 noncompliance with the FSS contract of participation can be found in Section 5-I.D. of this action plan. Good cause is likewise 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)]. 3.I.c Packet Pg. 944 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-1 CHAPTER 19 : CONTINUUM OF CARE (COC) PART I: OVERVIEW OF THE COC PROGRAM 19-I.A. OVERVIEW The Continuum of Care (CoC) Program is a McKinney-Vento Homeless Assistance Program administered by HUD. It is designed to assist individuals (including unaccompanied youth) and households 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 people 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 Single Room Occupancy (SRO) program) into a single grant program known as the Continuum of Care (CoC) program. The CoC interim rule was published by HUD in the Federal Register on July 31, 2012 and was updated on April 1, 2017. The rule now governs the CoC program. CoC funding is subject to federal funding availability and is a competitive annual process 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 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- house homeless individuals and households rapidly while minimizing the trauma and dislocation caused to homeless individuals, households, and communities as a consequence of homelessness. 3.I.c Packet Pg. 945 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-2 • Promote access to and effective use of mainstream programs by homeless individuals and households. • Optimize self-sufficiency among individuals and households experiencing homelessness. 19-I.C. PROGRAM COMPONENTS [24 CFR 578.37] The CoC program can be used to fund five program components: permanent housing; transitional housing; supportive services only; Homeless Management Information System (HMIS); and, in some cases, homelessness prevention. PHA Policy The PHA receives funds for the permanent housing component only. The PHA provides permanent supportive housing assistance through two different models of rental assistance: Scattered site housing assistance: The PHA issues an eligible household a voucher, based on availability, and the household selects an apartment of its choice within the City of Santa Monica geographic area. If the household moves out of the apartment, the contract with the owner ends and the household can move with continued assistance to another apartment. Site specific housing assistance: The PHA refers an eligible household to a specific property run by a nonprofit organization, based on their service needs and availability. If the household no longer requires site-specific housing, and wishes to move, the household must fill out a move request or apply for the CoC graduate program (see Section 19X.D.). 19-I.D. ELIGIBLE COSTS RENTAL ASSISTANCE [24 CFR 578.51] Grant funds may be used for rental assistance for homeless individuals and households. Rental assistance cannot be provided to a program participant who is already receiving rental assistance or living in a housing unit receiving rental assistance or operating assistance through other federal, state, or local sources. The PHA is awarded HUD funds for CoC program rental assistance to serve individuals and families who meet the DedicatedPLUS definition and where the applicant or at least one member of the household has been diagnosed with at least one of the following: • Chronic physical illness or disability • Substance use disorder 3.I.c Packet Pg. 946 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-3 • 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 Definition of DedicatedPLUS per HUD Notice of Funding Availability for 2017: Individuals and households who are: 1. Chronically homeless as defined in 24 CFR 578.3: a. An individual who: i. Is homeless and lives in a place not meant for human habitation, a safe haven, or an emergency shelter; and ii. Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and iii. 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)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability; b. An individual who: i. 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 ii. A household with an adult head of household (or if there is no adult in the household, a minor head of household) who meets all of the criteria in paragraph 1 of this definition, including a household whose composition has fluctuated while the head of household has been homeless. 2. Residing in a transitional housing project that will be eliminated and meets the definition of chronically homeless in effect at the time in which the individual or household entered the transitional housing project; 3. Was experiencing chronic homelessness, had been placed in permanent housing within the last year, but was unable to maintain the housing, and as a result currently residing in a place not meant for human habitation, emergency shelter, or safe haven; 3.I.c Packet Pg. 947 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-4 4. Residing in transitional housing funded by a Joint Transitional Housing and Permanent Housing Rapid Re-Housing component project and who were experiencing chronic homelessness prior to entering the project; 5. Residing and has resided in a place not meant for human habitation, a safe haven, or emergency shelter for at least 12 months in the last three years, but has not done so on four separate occasions; or 6. Receiving assistance through a Department of Veterans Affairs (VA)-funded homeless assistance program and met one of the above criteria at initial intake to the VA's homeless assistance system. 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 General Fund, City development agreements, Los Angeles County Proposition A, and federal entitlement (CDBG) and federal competitive grants. The City of Santa Monica enters into contractual agreements with non-profit agencies that provide services to applicants and participants of the CoC program. These agencies provide the following eligible types of supportive services: • Annual assessment of service needs • Assistance with moving costs • Case management • Child care operations or vouchers • Education 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 3.I.c Packet Pg. 948 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-5 19-I.F. MATCH REQUIREMENT [24 CFR 578.73] The PHA must match all grant funds, except for leasing funds, with no less than 25 percent of funds or in-kind contributions from other sources. . The PHA may use the value of any real property, equipment, goods, or services contributed to the project as match. Before grant execution, services to be provided by a third party must be documented by a contractual agreement between the PHA and the third party that will provide the services. Services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the PHA. If the PHA does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. The contractual agreement must establish the unconditional commitment, except for selection to receive a grant, by the third party to provide the services, the specific service to be provided, the profession of the persons providing the service, and the hourly cost of the service to be provided. During the term of the grant, the PHA must keep and make available, for inspection, records documenting the service hours provided. All CoC applicants must be registered on the Santa Monica Service Registry prior to applying for the program. The City of Santa Monica will only provide matching funds for those program participants who are recorded on the Santa Monica Service Registry. The PHA will calculate and document services provided to CoC participants to meet the matching service dollars requirement of the grants based on the Human Services Division grant and reporting in the Homeless Management Information System (HMIS). Human Services will provide the PHA with annual reports documenting the supportive services match provided by the referral agencies and any other service providers in the community. The match 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 the PHA no later than one month after the end of the grant’s operating year, May 31. Referral agencies must maintain individual match records on every CoC program participant and must submit the summary report to the PHA. Referral agencies must utilize HMIS for intake, service provision, and program exit data collection as required by HUD and the City of Santa Monica Human Services Division. The Human Services Division has developed procedures and reporting formats to collect and compile this information and oversee the HMIS system. 3.I.c Packet Pg. 949 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-6 19-I.G. RENEWALS [24 CFR 578.33] Awards made under this part and title IV of the Act, as in effect before August 30, 2012 (the Supportive Housing Program and the Shelter Plus Care program), may be renewed to continue ongoing leasing, operations, supportive services, rental assistance, HMIS, and administration beyond the initial funding period. To be considered for funding, recipients must submit a request in a form specified by HUD, must meet the requirements of this part, and must submit the request within the time frame established by HUD. Renewals of rental assistance may be for up to one year. 19-I.H. COC POLICIES AND PROCEDURES The PHA 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 established countywide. [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, which serves as the advisory board for the PHA, reviews and provides input on policies and procedures. The Santa Monica City Council, which serves as the Board of Directors for the PHA, adopts policies and procedures annually. The CoC program policies and procedures are modeled similarly to the Section 8 Housing Choice Voucher (HCV) program, except as otherwise noted in this document. If there is a conflict between program regulations and this plan, the program regulations have precedence. PART II: FAIR HOUSING AND EQUAL OPPORTUNITY (Refer to THE PHA Administrative Plan Chapter 2, pages 2.2 to 2.19) 3.I.c Packet Pg. 950 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-7 PART III: ELIGIBILITY (Refer to THE PHA Administrative Plan, Chapter 3, pages 3.2 to 3.37) 19-III.A. EVIDENCE OF ELIGIBILITY In addition to the evidence of eligibility required under the Section 8 HCV program, an applicant must provide evidence that they meet the definition of the DedicatedPLUS and at least one member of the household (can be a child) has a disabling condition at the time of application. Evidence of Meeting DedicatedPLUS Definition: Evidence of an individual or household’s current living situation as well as prior living situation may be documented, in the following order of priority, by: 1. Third party verification such as a letter from a shelter verifying applicant’s stay there; 2. A written referral by housing or service provider; 3. A written documentation of observation by an outreach worker; 4. Certification by the household seeking assistance (only if above documents are not obtainable) 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. Evidence of Applicant’s Disabling Condition Evidence is required 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 condition must include one of the following: 1. Written verification of the condition from a professional licensed by the state to diagnose and treat the disability and his or her certification that the disability is expected to be long-continuing or of indefinite duration and substantially impedes the individual’s ability to live independently. 2. Written verification from the Social Security Administration; 3. Copies of a disability check (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 3.I.c Packet Pg. 951 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-8 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 THE PHA Administrative Plan Chapter 3, pages 3.20 to 3.37) An applicant will be denied participation in the CoC program if the applicant does not meet: 1. The DedicatedPLUS definition established by HUD 2. The disabling condition 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: 1. Information that the PHA or HUD determines is necessary in the administration of the program 2. Complete and true information and it is discovered that the applicant does not meet eligibility requirements 19-III.C. CRIMINAL BACKGROUND CHECKS [24 CFR 982.553 (a)(2)(i)] CoC applicants will be required to undergo criminal background check to determine if applicant or household member is a lifetime registered sex offender. Lifetime registered sex offenders will not be admitted into the CoC program. A criminal background check will be performed for head-of-household and all adult household members, and live-in aides fourteen years of age and older. 3.I.c Packet Pg. 952 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-9 PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION 19-IV.A. APPLYING FOR ASSISTANCE Any individual or household that wishes to receive CoC assistance must apply for admission to the program. Assistance is strictly restricted to applicants who meet the definition of DedicatedPLUS on the Santa Monica Service Registry who became homeless in Santa Monica. The CoC applicant or household must be referred by one of the sponsor agencies currently operating under contract with the City of Santa Monica Human Services Division. Referral agencies utilize the Coordinated Entry System (CES) and the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) to refer applicants to the PHA based on their severity of needs. 19-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS Interested applicants must meet with a case manager at one of the below listed locations to begin the application process. The referring agencies must conduct VI-SPDAT survey, place individuals into CES, and register them with the Santa Monica Service Registry prior to referring them to the PHA for the CoC program. The People Concern Access Center 1453 16th Street Santa Monica, CA 90404 (310) 264-2646 Step Up on Second 1328 2nd Street Santa Monica, CA 90401 (310) 394-6889 St. Joseph Center 12420 Venice Blvd., Suite 200 Los Angeles, CA 90066 (310) 577-5510 3.I.c Packet Pg. 953 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-10 19-IV.C. SCREENING AND ASSESSMENT The PHA requires the three listed referral agencies to screen applicants for eligibility and to submit to the PHA completed documents included in the CoC Application Packet. Only completed packets with all supporting documents will be accepted. Any incomplete applications will be returned to the referral agency and will need to be resubmitted once completed. Applicants will not be placed on the waitlist or issued a voucher until a fully completed application is received. Completed documents will be used by the PHA to: 1) Determine applicant’s eligibility, 2) Prioritize applicants, and 3) Notify applicants of their obligations as a CoC participant and provide informational materials. Documents included in the CoC Application Packet are listed below: • Agency Referral Letter • Homeless and At Risk of Homelessness Certification Form • Certification of Disabling Condition Form (completed by licensed physician) • Applicant/Tenant Information Disclosure Certification and Application Form • Santa Monica Housing Authority Rental Assistance Program Household 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 • Authorization for Release of Information Forms for the PHA and HUD • Proof of the VI-SPDAT Score • Proof of registration on the Santa Monica Service Registry All income verification documents must be current within the last 60 days. (PIH Notice 2017-12) Case Managers will conduct a thorough screening and assessment of each individual’s care needs. The screening will include assessment of the 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/herself or others and the individual must not require a higher level of care than what is offered by the voucher program. Based on the applicant’s needs, case managers will recommend applicants for either a scattered site housing or a site specific housing voucher. 3.I.c Packet Pg. 954 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-11 19-IV.D. TENANT SELECTION Applicants will be referred and selected based on their history of homelessness and severity of service needs. Service needs are identified and verified through the use of the following standardized assessment tools: Vulnerability Index (VI) and the Service Prioritization Decision Assistance Tool (SPDAT). The determination 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 PHA will prioritize applicants on the waitlist based on their VI-SPDAT score and the date and time their complete application is received by the PHA. 19-IV.F. PLACEMENT ON THE WAITLIST A separate waitlist is maintained for the CoC Program. The CoC waitlist will be continuously open for applications and eligibility criteria will be limited to requirements of the CoC program as described. Eligible for Placement on the Waitlist If the PHA determines the CoC applicant is eligible, the applicant’s name will be placed on the waitlist. The PHA will notify the referral agency of acceptance. Ineligible for Placement on the Waitlist If the PHA can determine from the information provided that an applicant is ineligible, the applicant will not be placed on the waitlist. Where an applicant is determined to be ineligible, the PHA will inform the referral agency of the ineligibility determination. Unavailability of Site Specific Housing Applicants will remain on the CoC waitlist until an apartment becomes available. Applicants can also elect to apply for scattered site housing (if available). Applicants for site specific housing who accept a scattered site housing voucher due to unavailability of site specific housing at the time of application may request to remain on the CoC waitlist for consideration of the next available site specific housing opportunity. Site specific housing applicants who request to remain on the waitlist after they have already moved into a scattered site apartment must be able to negotiate an agreement with their landlord to terminate their existing lease, within 30 days, at the time site specific housing becomes available. 3.I.c Packet Pg. 955 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-12 Unavailability of Scattered Site Housing Applicants who applied for a scattered site housing voucher can be offered site specific housing if no scattered site vouchers are available at the time of application and there are no site specific housing applicants on the waitlist at the time an apartment becomes available. 19-IV.G. NOTIFICATION OF SELECTION When a CoC applicant has been selected from the waitlist, the PHA will notify in writing the referral agency of selection and of the initial briefing date. If the selected applicant is no longer interested or is unable to participate in the CoC program, the individual will be removed from the waitlist and will have to be re-referred at a later date if needed. PART V: BRIEFINGS AND VOUCHER ISSUANCE (Refer to THE PHA Administrative Plan, Chapter 5, pages 5.2 to 5.14) INITIAL BRIEFING AND 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.A. SCATTERED SITE VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL (RTA) Upon completion of the initial briefing, a CoC voucher will be issued. CoC program participants have up to 180 days to search for an apartment within the Santa Monica geographic area and submit an RTA to the PHA upon finding a suitable apartment. If an extension is needed, one may be requested. 19-V.B. SITE SPECIFIC HOUSING VOUCHER ISSUANCE/ REQUEST FOR TENANCY APPROVAL (RTA) Upon completion of the initial briefing, the PHA will refer the applicant to the property management at one of the non-profit housing locations. The management company will conduct a tenant screening for all applicants. If the applicant is approved, an RTA must be completed and returned to the PHA. 3.I.c Packet Pg. 956 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-13 If the applicant is not approved by the property management company, the applicant and case manager will contact the PHA for further guidance. 3.I.c Packet Pg. 957 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-14 PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] (Refer to THE PHA Administrative Plan, Chapter 6, pages6.2 to 6.57) CoC program funds are contracted based on 100% of the Fair Market Rents published by HUD for the Los Angeles County area. RENT AT LEASE UP: CoC voucher holders may rent units at or below the Fair Market Rent (FMR) for the area. Santa Monica is part of Los Angeles County and the Los Angeles County FMRs apply. However, since the SMHA has been approved by HUD for an exception payment standard, which is above the Los Angeles County FMRs, the CoC participants may rent apartments at or below the SMHA payment standard at lease up, as long as the rent amount meets the rent reasonableness requirement. 19-VI.A. TENANT RENT PORTION [24 CFR 578.77(b)] Program participants are required to pay a portion of their rent if they are receiving CoC program rental assistance, unless they have no income. Participant rent must be equal to the highest of: • 30 percent of household’s monthly adjusted income (the tenant’s portion of the rent cannot exceed 30 percent of the household’s monthly adjusted income at any time) • 10 percent of household’s monthly gross income; or • The portion of the household’s welfare assistance, if any, that is designated for the payment of rent. The following is not applicable to the CoC program: • Earned Income Disallowance (EID) [24 CFR 5.617(a)] • Minimum Rent ($50) [24 CFR 578.77(b)] 3.I.c Packet Pg. 958 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-15 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to THE PHA Administrative Plan, Chapter 7, pages7.2 to 7.30) 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) using a non-HUD system 3.I.c Packet Pg. 959 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-16 PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to THE PHA Administrative Plan, Chapter 8, pages 8.2 to 8.27) 19-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 578.75(b)] Housing leased with CoC program funds, or for which rental assistance payments are made with CoC program funds, must meet the applicable housing quality standards (HQS) under 24 CFR 982.401. Before any assistance will be provided on behalf of a program participant, the recipient, or subrecipient, must physically inspect each unit to assure that the unit meets HQS. Assistance will not be provided for units that fail to meet HQS, unless the owner corrects any deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected. 19-VIII.B. RENT REASONABLENESS [24 CFR 578.51(g)] HUD will only provide rental assistance for a unit if the rent is reasonable. The recipient or subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit. Reasonable rent must not exceed rents currently being charged by the same owner for comparable unassisted units. The maximum allowable contract rent amount is capped at the exception payment standard for the PHA Section 8 HCV program established in 2016. Rent increase requests shall be timed with a tenant’s annual re-examination. Only one increase in a 12-month period is allowed in the amount of Rent Control-approved annual percentage adjustment, subject to CoC funding availability. 3.I.c Packet Pg. 960 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-17 PART IX: GENERAL LEASING POLICIES (Refer to THE PHA Administrative Plan, Chapter 9, pages9.1 to 9.12) When rental assistance funds are used to pay rent, the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward housing costs consistent with the requirements of the CoC interim rule. The landlord and participant are required to execute a lease to comply with the CoC rental assistance policies. 19-IX.A. PAYMENT FOR A VACATED UNIT [24 CFR 578.51(i)] If a unit assisted under this section is vacated before the expiration of the lease, the assistance for the unit may continue for a maximum of 30 days from the end of the month in which the unit was vacated, unless occupied by another eligible person. No additional assistance will be paid until the unit is occupied by another eligible person. 19-IX.C. PAYMENT FOR TENANT CAUSED DAMAGES [24 CFR 578.51(j)] THE PHA may use grant funds in an amount not to exceed one month’s rent to pay for any damage to housing due to the action of a program participant. This shall be a one-time cost per participant, incurred at the time a participant exists a housing unit. 19-IX.D. LIMITATIONS ON COC ASSISTANCE Exclusion Income Disability (EID) [24 CFR 5.617(a)] CoC participants are not eligible for EID. Change of Head of Household (HOH) [24 CFR 578.75 (i)] For permanent supportive housing projects, surviving members of any household who were living in a unit assisted under this part at the time of the qualifying member's death, long-term incarceration, or long-term institutionalization, have the right to rental assistance under this section until the expiration of the lease in effect at the time of the qualifying member's death, long-term incarceration, or long-term institutionalization. If the qualifying tenant is terminated for non-compliance, the remaining household members will not be eligible to continue in the CoC program. 3.I.c Packet Pg. 961 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-18 PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY (Refer to THE PHA Administrative Plan, Chapter 10, pages10.1 to 10.5) 19-X.A. MOVING WITH CONTINUED ASSISTANCE [24 CFR 578.51(c)(3)] 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 participants who have complied with all program requirements during their residence, who have been a victim of domestic violence, dating violence, sexual assault, or stalking, 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 household member of the perpetrator of the violence), if they remain in the assisted unit, and who are able to document the violence and basis 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. These program participants may move to a different CoC’s geographic service area even if the PHA cannot meet all regulatory requirements of this part in the new geographic area where the unit is located. The recipient or subrecipient, however, must be able to meet all statutory requirements of the CoC program either directly or through a third-party contract or agreement 19-X.B. PORTABILITY [24 CFR 578.51(c)(4)] CoC participants may choose housing outside of the CoC’s geographic area if the PHA through its employees or contractors is able to meet all requirements of the program. If the PHA cannot meet the requirements either directly or through a third-party contract or agreement, the PHA may refuse to permit the participant to retain the voucher if they choose to move outside of the CoC’s geographic area. 19-X.C. TENANT TRANSFERS FROM SITE SPECIFIC HOUSING TO SCATTERED SITE HOUSING AND FROM SCATTERED SITE HOUSING TO SITE SPECIFIC HOUSING If participants no longer require site specific housing and services, they may fill out a move request to transfer to scattered site housing. If a participant living at a scattered site requires site specific housing, they may fill out a move request and they will be placed on the waitlist for the next available apartment at one of the site specific housing locations. 3.I.c Packet Pg. 962 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-19 19-X.D. TENANT TRANSFERS FROM COC TO HCV Current CoC participants and tenants living in City-funded supportive housing who no longer require permanent supportive housing and services shall receive a preference on the HCV waitlist as a “graduate” of the CoC program or a supportive housing graduate. Eligibility for such preference must be documented by the current supportive services provider for the CoC Program participant in the form indicated. Candidates for the CoC and supportive housing graduate preference will be considered based on the following: • Applicant has an established goal in writing to reside in a more independent setting • Is not a registered sex offender • Does not have violent crime conviction within the last 5 years • Applicant is in good standing: o Applicant has maintained residency in housing in Santa Monica for at least two years and has not received an eviction notice during this period • Applicant has no outstanding payments with the Santa Monica Housing AuthorityApplicant participates in the community, as demonstrated by one of the following: o Applicant is currently employed, or enrolled in an employment/training program o Applicant is enrolled in an educational program o Applicant is participating in the community as demonstrated by volunteering. The PHA shall limit the current number of persons eligible for this preference not to exceed 25 householdsannually. If 25 households have received Housing Choice Vouchers under this local preference, the PHA shall continue to allow current applicants to claim such preference, however, the applicant will remain on the waitlist and will be offered the next voucher as it becomes available. 3.I.c Packet Pg. 963 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 by Nan McKay & Associates Unlimited copies may be made for internal use. Page 19-20 PART XI: REEXAMINATIONS [24 CFR 582.310] (Refer to THE PHA Administrative Plan, Chapter 11, pages11.1 and 11.5) PART XII: TERMINATION OF ASSISTANCE AND TENANCY (Refer to THE PHA Administrative Plan, Chapter 12 pages12.2 to 12.21) PART XVIII: PROGRAM ADMINISTRATION (Refer to THE PHA Administrative Plan, Chapter 16, pages 16.2 to 16.82) HUD required Section 8 Management Assessment Program (SEMAP) is not applicable 3.I.c Packet Pg. 964 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-1 CHAPTER 20 : HOME TENANT BASED RENTAL ASSISTANCE PART I: OVERVIEW OF THE HOME PROGRAM 20-I.A. OVERVIEW The HOME tenant-based rental assistance program is a United States Department of Housing and Urban Development (HUD)-funded rental assistance program administered by the Santa Monica Housing Authority (PHA). The program adheres to the Section 8 Housing Choice Voucher (HCV) program model and it is designed to assist households who need help paying their rent. All applicants must meet income eligibility of a household combined annual income of up to 60 percent of Area Median Income (AMI). The program promotes community-wide planning and strategic use of resources to address the jurisdiction’s unmet needs and to narrow the gap in benefits and services received by cost- burdened households. 20-I.B. PURPOSE The purpose of the HOME program is to provide rental assistance in the form of a monthly rental subsidy to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below the 60 percent AMI limit. 20-I.C. ELIGIBLE COSTS [24 CFR 92.209 (a)] The PHA is awarded HUD funds for the HOME program annually. Eligible costs are rental assistance and security deposit payments. Rental Assistance [24 CFR 92.209 (h)(1)]The amount of the monthly assistance that PHA may pay on behalf of a household may not exceed the difference between a rent standard for the unit size established by the PHA and 30 percent of the household’s monthly adjusted income. Security Deposits [24 CFR 92.902 (j)] A participating jurisdiction may use HOME funds provided for tenant-based rental assistance to provide loans or grants to very low- and low-income households for security deposits for rental of dwelling units. The amount of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. Only the prospective tenant may apply for HOME security deposit assistance. A limited number of security deposit grants will be provided to eligible applicants, subject to the availability of HOME funds and at the sole discretion of the PHA. Participants must document, in writing, their efforts to secure security deposit funding from other sources and 3.I.c Packet Pg. 965 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-2 demonstrate insufficient personal funds. The maximum amount of HOME funds that may be provided for the security deposit is the equivalent of two months’ contracted rent for the unit. Only the tenant (not the landlord) may apply for security deposit assistance. 20-I.D. TERM OF THE PROGRAM [24 CFR 92.902 (e)] The HOME program is awarded to localities to fund rental assistance for low-income applicants. HOME funds are awarded annually as formula grants to participating jurisdictions. HUD may award up to one year of rental assistance for the program with the option of being renewed for as long as there is a continuum of funding available. The Term of the Rental Assistance [24 CFR 92.902 (e)] The term of the rental assistance contract providing assistance with HOME funds may not exceed 24 months, but may be renewed, subject to the availability of HOME funds. 20-I.E. POLICIES AND PROCEDURES The PHA receives annual funding for the HOME program based on HUD’s availability of program funds. The Santa Monica Housing Commission, which serves as the advisory board for the PHA, reviews all policies and procedures. The Santa Monica City Council, which serves as the Board of Directors for the PHA, adopts policies and procedures annually. The HOME program adheres to the Section 8 HCV program model, unless otherwise noted in this plan. If there is a conflict between program regulations and the Section 8 HCV Administrative Plan, the HOME program regulations take precedence. PART II: FAIR HOUSING AND EQUAL OPPORTUNITY (Refer to PHA Administrative Plan, Chapter 2, pages 2-2 to 2-19) 3.I.c Packet Pg. 966 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-3 PART III: ELIGIBILITY (Refer to PHA Administrative Plan, Chapter 3, pages 3-2 to 3-37) In addition to evidence of eligibility required under the HCV program, HOME applicants must meet one of the following requirements to qualify: 1. Person At Risk of Homelessness 2. Senior/Disabled Homeless person 3. Victim of Domestic Violence And 1. Be at or below the HUD 60 percent AMI limit 20-III.A. EVIDENCE OF ELIGIBILITY At Risk of Homelessness Certification HOME applicants who qualify under the definition of At Risk of Homelessness must provide the following documentation at the time of application to establish that they meet the required criteria: 1. The HOME applicant’s written certification that they have insufficient financial resources and support networks immediately available to attain housing stability; 2. Documentation to verify that the HOME applicant did not have sufficient resources or support networks immediately available to attain housing stability as evidenced by one of the following: A. Source documents (e.g., notice of termination from employment, bank statement, health care bill showing arrears); or B. Written statement by referring agency staff confirming that they spoke to a relevant third party to verify At Risk of Homelessness status; or C. Written statement by referring agency staff of the efforts taken to obtain verification through source documents and relevant third parties; 3. Verification that the HOME applicant met one of the seven conditions* under the definition of At Risk of Homelessness (for definition of At Risk of 3.I.c Packet Pg. 967 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-4 Homelessness, refer to 20-IV.E. TENANT SELECTION – Hierarchy of preferences), as evidenced by one of the following: i. Source documents that evidence one or more of the conditions; ii. A written statement by a relevant third party or the written certification by referring agency staff of the oral verification by the relevant third party that the applicant meets one or more of the conditions; or iii. A written statement by the referring agency staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the conditions or, if a visit is not feasible or relevant to the determination, a written statement by the referring agency staff describing the efforts taken to obtain the required evidence. * 1. Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance; 2. Is living in the home of another because of economic hardship; 3. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 30 days of the date of application for assistance; 4. Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals; 5. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau; 6. Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or 7. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the City of Santa Monica approved consolidated plan; • Rent burdened households – housing cost burden greater or equal to 40 percent Senior/Elderly Certification A birth certificate or other official record of birth is the preferred form of age verification (must be at least 62 years of age or older). An original document that provides evidence of the receipt of social security retirement benefits is acceptable. Homeless Certification 3.I.c Packet Pg. 968 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-5 HOME applicants who qualify under the definition of Homeless must provide the following documentation at the time of application to establish that they meet the required criteria. Evidence of an individual or head of household’s current living situation must be documented by: 1. A written referral by a service provider; and 2. A Homeless Certification Form completed by a service provider In addition, one or more of the following must be provided: 1. A written documentation of observation by an outreach worker 2. A print out from the City’s Homeless Management Information System (HMIS) indicating the history of homelessness 3. A written 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. Disabling Condition Certification In order to receive Disabled/Disabling Condition preference, HOME applicants must present evidence of disabling condition 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. A disabling condition is defined by HUD as: 1. A physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration, substantially impedes an individual’s ability to live independently, and of such a nature that the disability could be improved by more suitable conditions; 2. A developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act; 3. The disease of acquired immunodeficiency syndrome or any conditions arising from the etiological agency for acquired immunodeficiency syndrome; or 4. A diagnosable substance use disorder. 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.I.c Packet Pg. 969 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-6 3. Copies of a disability check (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. Victim of Domestic Violence Certification Only 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 the victimization, qualify for HOME under Victims of Domestic Violence preference. Applicants must provide, at the time of application, one of the following three forms of documentation to establish that they meet the preference [24 CFR 5.2007(b)]: 1. A completed and signed HUD-approved certification form (HUD-50066, Certification of Domestic Violence, Dating Violence, 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; or 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. The victim must also sign the documentation. 20-III.B. DENIAL OF ASSISTANCE (Refer to PHA Administrative Plan, Chapter 3, pages 3-20 to 3-24) An applicant will be denied participation in the HOME program if the applicant does not meet HOME program specific admission criteria in addition to the HCV program requirements. Participation will also be denied if the HOME applicant does not provide: 1. Information that the PHA or HUD determines is necessary in the administration of the program 2. Complete and true information and it is discovered that the applicant does not meet eligibility requirements. 20-III.C. CRIMINAL BACKGROUND CHECKS (Refer to PHA Administrative Plan, Chapter 3, pages 3-23 to 3-25) 3.I.c Packet Pg. 970 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-7 All participants will undergo criminal background checks based on Section 8 Housing Choice Voucher regulations. PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION 20-IV.A. APPLYING FOR ASSISTANCE Any individual/household who wishes to receive HOME assistance must apply for admission to the program. The HOME program has a separate waitlist and assistance is restricted to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below 60 percent AMI. 20-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS HOME applicants must be referred by one of the agencies listed below: The People Concern (formerly known as OPCC) 1453 16th Street Santa Monica, CA 90404 (310) 264-2646 Wise and Healthy Aging Ken Edwards Center 1527 4th St Santa Monica, CA 90401 (310) 394-9871 Legal Aid Foundation of Los Angeles (LAFLA) 1640 5th St #124 Santa Monica, CA 90401 (310) 899-6200 St Joseph Center 12420 Venice Blvd., Suite 200Los Angeles, CA 90066310-574-5510 City of Santa Monica Human Services Division can also refer applicants on behalf of other social services agencies that are funded by the City of Santa Monica. 20-IV.C. OUTREACH AND MARKETING The PHA targets Santa Monica area households who meet the program’s eligibility requirements. The Homeless Liaison Team (HLP Team), City of Santa Monica Human Services Division and other local outreach programs identify appropriate referrals to referral agencies. PHA staff regularly attends Chronic Homeless Program (CHP) Action Committee meetings, and senior and youth outreach meetings to market the program with member agencies. 20-IV.D. SCREENING AND ASSESSMENT 3.I.c Packet Pg. 971 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-8 The PHA requires the listed referral agencies to screen applicants for eligibility and to submit to the PHA completed applicable documents included in the HOME 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 HOME voucher recipient Documents included in the HOME Application Packet are listed below: • Agency Referral Letter • Homeless and At Risk of Homelessness Certification Form • Certification of Disabling Condition Form (completed by licensed physician) • Applicant/Tenant Information Disclosure Certification and Application Form • Household• Declaration of Citizen/Lawful Resident Status Form • Sex Offender and Criminal History/Disclosure Form • • Authorization for Release of Information Forms for HUD • Authorization for Release of Information Forms for PHA • • • VI-SPDAT Report (if applicable) • • Notice of Occupancy Rights under the Violence Against Women Act – HUD-5380 • Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation – HUD-5382 (if applicable) All income verification documents must be current within the last 60 days. (PIH Notice 2017-12) Case managers will conduct a thorough screening and assessment of each individual’s care needs. The screening will include assessment of the individual’s ability to live independently In addition, the individual must not present a danger to himself or others and the individual must not require a level of care that is not offered by the HOME voucher. 20-IV.E. TENANT SELECTION Selection Criteria Households will be selected based on the following targeted population selection criteria and selection preference method. Within the preference category, households will be selected based on severity of needs. Targeted Population: • At Risk of Homelessness • Senior/Disabled Homeless (Chronically Homeless individuals will be referred to the CoC program) 3.I.c Packet Pg. 972 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-9 • Victims of Domestic Violence (Applicants will be referred to HCV program, if HCV vouchers are available) Households must meet the requirements and eligibility criteria of one of the above targeted population groups to qualify for HOME rental assistance. At Risk of Homelessness For At Risk of Homelessness applicants, severity of needs is identified and verified through the use of the At Risk of Homelessness Certification Form and submitted source documents. Senior/Disabled Homeless applicants and Victims of Domestic Violence For Senior and/or Disabled Homeless applicants and Victims of Domestic Violence, severity of needs is identified and verified through the use of the Vulnerability Index (VI) Service Prioritization Decision Assistance (SPDAT) standardized assessment tool. The determination is not based on a specific diagnosis or disability type, but only on the severity of needs of the individual. Targeted population includes individuals with a VI-SPDAT score of 7 and below who do not qualify for Continuum of Care (CoC) program. 20-IV.F. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST The HOME waitlist is open and will accept referrals until further notice. Order of Priority for Placement on the Waitlist Households will be selected from the waitlist based on the selection preference(s) for which they qualify, and in accordance with the PHA’s hierarchy of preferences. Within each targeted funding or preference category, households will be selected based on severity of needs. HOME HIERARCHY OF PREFERENCES PREFERENCE POINT VALUE Resident Preference: An individual or household who meets one of the following requirements: • Is a resident of Santa Monica; • Is homeless in Santa Monica and is on the Santa Monica Service Registry; • Works a minimum of 25 hours per week in Santa Monica (Applicants who work for a temporary 30 3.I.c Packet Pg. 973 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-10 PREFERENCE POINT VALUE agency do not qualify for preference if they are on a temporary assignment); • Is enrolled in a job training program in the City of Santa Monica, subject to the PHA’s approval; • Immediately previously was in Santa Monica workforce but is now receiving unemployment, worker’s compensation, vocational rehabilitation benefits, disability benefits or retirement benefits from a Santa Monica employer. Working Household Preference: An individual or household who meets one of the following requirements: • Is working a minimum of 25 hours per week; • Is the age of 62 or older; • Is a person with disabilities 1 At Risk of Homelessness An individual or family who: • Does not have sufficient resources or support networks, e.g., family, friends, faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described in paragraph 1 of the Homeless definition in this section and • Has not been terminated or is currently not in the process of being terminated from any rental assistance or any other subsidy program due to incompliance and/or violations of the program rules and regulations, including outstanding debts owed; and Meets one of the following conditions: 1. Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance; 2. Is living in the home of another because of economic hardship; 3. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 30 days of the date of 15 3.I.c Packet Pg. 974 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-11 PREFERENCE POINT VALUE application for assistance; 4. Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals; 5. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau; 6. Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or 7. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the City of Santa Monica approved consolidated plan; • Rent burdened households – housing cost burden greater or equal to 40 percent Homeless An individual or household who meets one of the following requirements: • Lacks a fixed, regular, and adequate nighttime residence, meaning: An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; • Is living in a supervised publicly- or privately- operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); 5 3.I.c Packet Pg. 975 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-12 PREFERENCE POINT VALUE • Is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; • Will imminently lose their primary nighttime residence, provided that: The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; no subsequent residence has been identified; and the individual or family lacks the resources or support networks, e.g., family, friends, faith- based or other social networks, needed to obtain other permanent housing; or • Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual‘s or family’s primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence. Victims of Domestic Violence (VAWA) An individual or household who meets the following requirements: • Is a victim of domestic violence, dating violence, sexual assault, or stalking; • Has no other residence; and • Lacks the resources or support networks, e.g., household, friends, and faith-based or other social networks, to obtain other permanent housing. VAWA means: The Violence Against Women and Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, approved August 28, 2006), as amended by the U.S. Housing Act of 1937 (42 U.S.C. 1437d and 42 42 U.S. 1437f). Domestic violence means: 3.I.c Packet Pg. 976 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-13 PREFERENCE POINT VALUE Felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or household 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 household violence laws of the jurisdiction. Dating violence means 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: (i) The length of the relationship; (ii) The type of relationship; and (iii) The frequency of interaction between the persons involved in the relationship. Sexual Assault means: Any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent (See 42 U.S.C. 13925(a).) Stalking means: (1) (i) To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another person; or (ii) To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and (2) In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or 3.I.c Packet Pg. 977 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-14 PREFERENCE POINT VALUE serious bodily injury to, or to cause substantial emotional harm to (i) That person, (ii) A member of the immediate household of that person, or (iii) The spouse or intimate partner of that person. Immediate household member means, with respect to a person: (1) A spouse, parent, brother, or sister, or child of that person, or an individual to whom that person stands in loco parentis; or (2) Any other person living in the household of that person and related to that person by blood or marriage. Disabled/Disabling Condition An individual or household who meets one of the following requirements: • Has a physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration, substantially impedes an individual’s ability to live independently, and of such a nature that the disability could be improved by more suitable conditions; • Has a developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002); • Has the disease of acquired immunodeficiency syndrome or any conditions arising from the etiological agency for acquired immunodeficiency syndrome; • Has a diagnosable substance abuse disorder 3 Senior An individual who: • Is at least 62 years of age or older 3 3.I.c Packet Pg. 978 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-15 Placement on the Waitlist A separate waitlist will be maintained for the HOME Program. Eligible for Placement on the Waitlist If the PHA determines the HOME applicant is eligible, the applicant’s name will be placed on the waitlist. The waitlist will be maintained by assigning waitlist position numbers to applicants on a preference basis. The PHA will notify the referring agency of acceptance. Once all available vouchers have been issued, the applicant’s name will remain on the waitlist until a voucher becomes available. Ineligible for Placement on the Waitlist If the PHA can determine from the information provided that a household is ineligible, the household will not be placed on the waitlist. Where a household is determined to be ineligible, the PHA will inform the referring agency of the ineligibility determination. Notification of Selection When a HOME applicant has been selected from the waitlist, the PHA will notify, in writing, the applicant and the referring agency of selection and of the initial briefing date. If the selected applicant is no longer interested or is unable to participate in the HOME program, the individual will be removed from the waitlist and will have to be re-referred at a later date. The applicant will lose their position on the waitlist. Income Eligibility [24 CFR 92.216] HOME applicants must have incomes at or below 60 percent of area median income. Income eligibility will be verified by the PHA according to source documents provided by the applicant. PART V: BRIEFINGS AND VOUCHER ISSUANCE (Refer to PHA Administrative Plan, Chapter 5, pages 5-2 to 5-14) 20-V.A. INITIAL BRIEFING AND VOUCHER ISSUANCE The applicant, together with all adult members of the household and the assigned case manager (if applicable) must be present for the initial briefing and voucher issuance. 20-V.B. VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL Upon the completion of the initial briefing, a HOME voucher will be issued to the applicant. 3.I.c Packet Pg. 979 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-16 HOME participants have up to 180 days to search for an apartment within the Santa Monica geographic area and submit a Request for Tenancy Approval (RTA) to the PHA upon finding a suitable apartment. If an extension is needed, one may be requested. The request will be evaluated and a decision made Proof of Effort Form must be submitted to the PHA). PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] (Refer to PHA Administrative Plan, Chapter 6, pages 6-2 to 6-57) 20-VI.A. TENANT RENT PORTION [24 CFR 5.628] Program participants are required to pay a portion of their rent if they are receiving HOME program rental assistance. Participant rent must be equal to the highest of: • 30 percent of household‘s monthly adjusted income; • 10 percent of household’s monthly gross income; or • A minimum rent of $50 contribution. 3.I.c Packet Pg. 980 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-17 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to PHA Administrative Plan, Chapter 7, pages 7-2 to 7-30) 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) using a non-HUD system PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to PHA Administrative Plan, Chapter 8, pages 8-2 to 8-27) 20-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 92.209 (i)] Housing Quality Standards (HQS) apartment inspections are required both at initial occupancy and annually thereafter for all HOME apartments. Newly leased apartments must pass the HQS inspection before the beginning date of the assisted lease and Housing Assistance Payment (HAP) Contract. 20-VIII.B. RENT REASONABLENESS [24 CFR 92.209 (3) (f)] The participating jurisdiction must disapprove a lease if the rent is not reasonable, based on rents that are charged for comparable unassisted rental units. Rent reasonableness review must be conducted before the HOME program participant rents an apartment. The PHA will pay rents up to the rent reasonable amount, not to exceed the exception payment standard for the PHA Section 8 HCV program. The HUD approved Exception Payment Standards will govern the HOME rent payment amounts. Bedroom Size Payment Standard 0 $1,512 1 $1,930 2 $2,640 3 $3,366 4 $3,366 3.I.c Packet Pg. 981 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-18 PART IX: GENERAL LEASING POLICIES (Refer to PHA Administrative Plan, Chapter 9, pages 9-1 to 9-12) When rental assistance funds are used to pay rent for apartments , the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward rent consistent with the requirements of the HOME rules. The landlord and participant are required to execute a lease and a Contract Addendum to comply with the HOME rental assistance policies. [24 CFR 92.253] (Refer to Appendix A for HOME Prohibited Lease Terms and Contract Addendum) 20-IX.B. LIMITATIONS ON HOME ASSISTANCE Portability HOME participants are not eligible for portability and must remain within the City of Santa Monica geographic area. PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY [24 CFR 92.209 (d)] (Refer to PHA Administrative Plan, Chapter 10, pages 10-1 to 10-6) Under the tenant-based rental assistance program, the PHA issues an eligible household a voucher and the household selects an apartment of its choice within the City of Santa Monica geographic area. If the household moves out of the apartment, the contract with the owner ends and the household can move with continued assistance to another apartment within the City of Santa Monica. HOME participants are not eligible for portability and must remain within the City of Santa Monica geographic area. 3.I.c Packet Pg. 982 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-19 PART XI: REEXAMINATIONS [24 CFR 582.310] (Refer to PHA Administrative Plan, Chapter 11, pages 11-1 to 11-14) The PHA is required to process annual re-examinations. In cases where a household experiences a change in household composition and/or income between annual re- examination, the PHA will process an interim re-examination. The household is required to report all changes in household composition and/or income to the PHA within 10 calendar days of the occurrence. For more information regarding causes for processing annual/interim reexaminations and the requirements for completing annual/interim re-examinations, please refer to Chapter 11 of the Section 8 HCV Administrative Plan. PART XII: TERMINATION OF ASSISTANCE AND TENANCY (Refer to PHA Administrative Plan, Chapter 12, pages 12-2 to 12-21) PART XIII: PROGRAM ADMINISTRATION (Refer to PHA Administrative Plan, Chapter 16, pages 162 to 16-47) Section 8 Management Assessment Program (SEMAP) is not required. 3.I.c Packet Pg. 983 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-20 APPENDIX A HOME Prohibited Lease Terms The HOME program requires that the lease does not contain the following provisions: HOME Program: The PHA will review the lease to make certain it does not contain any of the following prohibited lease terms (24 CFR 92.253 (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. 3.I.c Packet Pg. 984 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-21 Contract Addendum CITY OF SANTA MONICA HOUSING AUTHORITY HOME Investment Partnerships Program LEASE ADDENDUM Tenant Based Rental Assistance Tenant Name: Contract Unit: Contract Number: Landlord Name: Purpose of Lease Addendum. Tenant has been approved to receive rental assistance under the HOME Investment Partnerships Program Tenant Based Rental Assistance (TBRA). The lease for the above referenced apartment is hereby amended to include provisions of this Lease Addendum, as follows: A. Conflict with other Provisions of the Lease. In the event of any conflict between provisions of this Lease Addendum and any sections of the Lease, the provisions of this Lease Addendum will prevail. B. Terms of Lease. The rental term of the Lease begins on and continues until the occurrence of one of the following events: 1. The Lease is terminated by the Landlord in accordance with applicable state and local laws; or 2. The Lease is terminated by the Tenant in accordance with the Lease, or by mutual agreement during the term of the Lease; or 3. The TBRA Contract is terminated. C. Housing Assistance Payment. Each month the Santa Monica Housing Authority (SMHA) will make a Housing Assistance Payment to the Landlord on behalf of the tenant. This payment shall be credited by the Landlord toward the monthly rent. The balance of the monthly rent shall be paid by the tenant. D. Security Deposit. 1. The Tenant has deposited $ with the Landlord as a Security Deposit. The Landlord will hold this Security Deposit during the period the Tenant occupies the apartment under the Lease. The Landlord will comply with state and local laws regarding interest earned on Security Deposits. 3.I.c Packet Pg. 985 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-22 2. After the Tenant has vacated the apartment under the Lease, the Landlord may use the Security Deposit as reimbursement for rent or toward any other amounts payable by Tenant under the Lease, in accordance with state and local laws. The Landlord will provide the Tenant a written list specifying all damages, items, and amounts charged against the Security Deposit. Any Security Deposit amount remaining after the reimbursement to the Landlord has been deducted shall be promptly refunded to the Tenant. E. Household Members. Household members authorized to live in this apartment are listed below. Tenant may not permit other persons to join the household without prior written approval of the Housing Authority and Owner. F. Housing Quality Standards. The Landlord shall maintain the apartments t , common areas, equipment, facilities and appliances in decent, safe and sanitary condition (as determined by Section 8 Housing Quality Standards). G. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The Landlord must provide the Tenant with at least 30 days’ written notice of the termination. The Landlord must notify the SMHA in writing when eviction proceedings are begun. This may be done by providing the SMHA with a copy of the required notice to the Tenant. H. Prohibited Lease Provision. Any provision of the Lease which falls within the classification below shall not apply and not be enforced by the Landlord. 1. Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the landlord in a lawsuit brought in connection with the Lease. 2. Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant’s property, or may sell such property without notice to the Tenant and a court decision on the rights of the parties. 3. Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord’s agent legally responsible for any action or failure to act, whether intentional or negligent. 4. Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. 5. Waiver of Court Proceeding for Eviction. Agreement by the Tenant that the Landlord 3.I.c Packet Pg. 986 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-20-23 may evict a Tenant Household (i) without instituting a civil court proceeding in which the Household has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties. 6. Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant’s right to a jury trial. 7. Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant’s right to appeal a court decision or waive the Tenant’s right to sue to prevent a judgment from being put into effect. 8. Tenant Chargeable with Cost of Legal Action Regardless of Outcome of the Lawsuit. Agreement by the Tenant to pay lawyer’s fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins. I. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the Provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, disability, national origin, marital or familial status, or sexual orientation. TENANT SIGNATURES LANDLORD SIGNATURES Printed Name of Head of Household: Landlord Name: Signature of Head of Household and Date: Printed Name of Landlord Representative: Printed Name of Co-Head or Spouse: Signature of Landlord Representative and Date: Signature of Co-Head or Spouse and Date: 3.I.c Packet Pg. 987 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-1 CHAPTER 21 : TEMPORARY POLICY SUPPLEMENT CHAPTER 22 EMERGENCY HOUSING VOUCHERS (EHVs) INTRODUCTION On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19. On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD’s process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program. PHAs may not project-base EHVs; EHVs are exclusively tenant-based assistance. All applicable nondiscrimination and equal opportunity requirements apply to the EHV program, including requirements that the PHA grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful access for persons with limited English proficiency (LEP). This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows: Part I: Funding Part II: Partnering Agencies Part III: Waiting List Management Part IV: Family Eligibility Part V: Housing Search and Leasing Part VI: Use of Funds, Reporting, and Financial Records Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to EHVs. 3.I.c Packet Pg. 988 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-2 PART I: FUNDING TPS-I.A. FUNDING OVERVIEW The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2021-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers. The PHA must maintain separate financial records from its regular HCV funding for all EHV funding. Housing Assistance Payments (HAP) Funding ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee. The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will be based on the PHA’s actual EHV HAP costs in leasing, similar to the renewal process for the regular HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding. Administrative Fee and Funding The following four types of fees and funding are allocated as part of the EHV program: • Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies: - $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended. - This fee may be used for any eligible administrative expenses related to EHVs. - The fee may also be used to pay for any eligible activities under EHV service fees (TPS- I.B). 3.I.c Packet Pg. 989 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-3 • Placement fees/expedited issuance reporting fees will support initial lease-up costs and the added cost and effort required to expedite leasing of EHVs: - $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center–Next Generation (PIC–NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees: o $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates. - Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers. • Ongoing administrative fees, which are calculated in the same way as the standard HCV program: - PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding. • Services fees, which are a one-time fee to support PHAs’ efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B): - The fee is allocated once the PHA’s CACC is amended to reflect EHV funding. - The amount allocated is $3,500 for each EHV allocated. 3.I.c Packet Pg. 990 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-4 TPS-I.B. SERVICE FEES Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories: • Housing search assistance • Security deposit/utility deposit/rental application/holding fee uses • Owner-related uses • Other eligible uses such as moving expenses or tenant-readiness services The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA’s administrative plan. PHA Policy Per the Memorandum of Understanding (MOU), the Continuum of Care (CoC) will provide services. The service fees will be used to fill any gaps. Direct assistance will be coordinated through the service provider, as assigned by the CoC through the EHV matching process. The eligible uses for service fees include: Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household’s disability-related needs, providing transportation and directions, assisting with the completion of rental applications and PHA forms, and helping to expedite the EHV leasing process for the family. Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. The PHA may choose to assist the family with some or all these expenses. Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed. The PHA may cover part or all of the holding fee for units where the fee is required by the owner after a tenant’s application has been accepted but before the lease signing. The PHA and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease. Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The PHA may pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, the PHA will require documentation that the family paid the security deposit. 3.I.c Packet Pg. 991 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-5 Utility deposit assistance/utility arrears. The PHA may provide utility deposit assistance for some or all of the family’s utility deposit expenses. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. The PHA may pay the utility deposit assistance directly to the utility company or may pay the assistance to the family. If paid to the family, the PHA will require documentation the family paid the utility deposit. The PHA will require the utility supplier or family to return the utility deposit assistance to the PHA at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities. The PHA may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to the PHA will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD. Owner recruitment and outreach for EHVs. The PHA may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre-inspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments. Owner incentive and/or retention payments. The PHA may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family. Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable. Moving expenses (including move-in fees and deposits). The PHA may provide assistance for some or all of the family’s reasonable moving expenses when they initially lease a unit with the EHV. The PHA will not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., the PHA is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking. Tenant-readiness services. The PHA may use fees to help create a customized plan to address or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears. 3.I.c Packet Pg. 992 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-6 Essential household items. The PHA may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, beds or bedding, and essential sanitary products such as soap and toiletries. Renter’s insurance if required by the lease. The PHA may choose to assist the family with some or all this cost. Any services fee assistance that is returned to the PHA after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice PIH 2021-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the PHA’s EHV program ends must be remitted to HUD. PART II: PARTNERING AGENCIES TPS-II.A. CONTINUUM OF CARE (CoC) PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs. PHA Policy The SMHA has entered into an MOU with the Los Angeles Homeless Services Authority (LAHSA). See Exhibit TPS-1 for a copy of the MOU. TPS-II.B. OTHER PARTNERING ORGANIZATIONS The PHA may, but is not required to, partner with other organizations trusted by persons experiencing homelessness, such as victim services providers (VSPs) and other community partners. If the PHA chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the PHA and CoC. TPS-II.C. REFERRALS CoC and Partnering Agency Referrals The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying individuals and families to the PHA. The PHA must generally refer a family that is seeking EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs. The CoC must provide supporting documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance. 3.I.c Packet Pg. 993 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-7 PHA Policy The CoC must establish and implement a system to identify EHV-eligible individuals and families within the agency’s caseload and make referrals to the PHA. The CoC must certify that the EHV applicants they refer to the PHA meet at least one of the four EHV eligibility criteria. The PHA will maintain a copy of the referral or certification from the CoC in the participant’s file along with other eligibility paperwork. Homeless service providers may, but are not required to, use the certification form found in Exhibit TPS-2 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit TPS-3 of this chapter when identifying eligible families who qualify as victims of human trafficking. As part of the MOU, the PHA and CoC will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance of referrals. The CoC must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner. The PHA liaison responsible for acceptance of referrals will contact the CoC liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. The CoC liaison will provide the PHA with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible. Offers of Assistance with CoC Referral The PHA may make an EHV available without a referral from the CoC or other partnering organization in order to facilitate an emergency transfer under VAWA in accordance with the PHA’s Emergency Transfer Plan (ETP) in Chapter 16. The PHA must also take direct referrals from outside the CoC if: • The CoC does not have a sufficient number of eligible families to refer to the PHA; or • The CoC does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking. If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such alternative referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances. 3.I.c Packet Pg. 994 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-8 PART III: WAITING LIST MANAGEMENT TPS-III. A. HCV WAITING LIST The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the EHV program. Direct referrals are not added to the PHA’s HCV waiting list. The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2021-15. PHA Policy The PHA will post information on the SMHA website about the EHV program for families on the PHA’s HCV waiting list. The notice will: Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for EHV assistance The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities in accordance with Chapter 2. The PHA will also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2. TPS-III.B. EHV WAITING LIST The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to September 30, 2023. Further, the EHV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list. 3.I.c Packet Pg. 995 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-9 TPS-III.C. PREFERENCES HCV Waiting List Preferences If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the PHA has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt additional policies related to EHVs in accordance with Notice PIH 2021-15. PHA Policy The PHA does not offer either a homeless or a VAWA preference for the HCV waiting list. EHV Waiting List Preferences With the exception of a residency preference, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The PHA may, however, choose to not establish any local preferences for the EHV waiting list. PHA Policy LAHSA/the LA CoC will make EHV referrals in accordance with the prioritization policies adopted by the CES Policy Council. The LA CoC geography includes multiple PHAs and therefore the Coordinated Entry System (CES) will need to determine which clients to refer to the SMHA. Within each priority category, LAHSA matchers (as the CES lead for the CoC) will prioritize SMHA referrals to households that are most logical to be assisted by SMHA, based on whether they have service connections within the city of Santa Monica and where they individual or family is located. This geographic prioritization is consistent with LA CoC’s SPA-level CES approach and will ensure that: 1. Eligible households referred to SMHA can maintain access to critical supportive services offered by their current service providers, 2. recently homeless households who have been housed within the City of Santa Monica and are receiving temporary rental assistance can transition in place while minimizing the burden to SMHA of administering EHV, and 3. the EHV resources provided to SMHA can be targeted to meet the needs of the significant number of households experiencing homelessness, fleeing domestic violence, sexual assault, stalking, human trafficking, and those at0risk of homelessness within the City of Santa Monica. 3.I.c Packet Pg. 996 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-10 PART IV: FAMILY ELIGIBLTY TPS-IV.A. OVERVIEW The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below. TPS-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria: • Homeless as defined in 24 CFR 578.3; • At risk of homelessness as defined in 24 CFR 578.3; • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or • Recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 2021-15. As applicable, the CoC must provide documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family’s file. TPS-IV.C. PHA SCREENING Overview HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants. The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so. 3.I.c Packet Pg. 997 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-11 Mandatory Denials Under alternative requirements for the EHV program, mandatory denials for EHV applicants include: • 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. • 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first. PHA Policy While the PHA will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, the PHA will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family. Permissive Denial Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for EHV families. If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC’s recommendations into consideration. PHA Policy The PHA will not adopt any permissive prohibitions for the EHV Program. 3.I.c Packet Pg. 998 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-12 TPS-IV.D. INCOME VERIFICATION AT ADMISSION Self-Certification at Admission The requirement to obtain third-party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admission, and alternatively, PHAs may consider self-certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination. Additionally, applicants may provide third-party documentation that represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request. PHA Policy Any documents used for verification must be the original (not photocopies) and dated within the 60-day period prior to admission. The documents must not be damaged, altered, or in any way illegible. Printouts from webpages are considered original documents. Any family self-certifications must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified. The PHA will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14. The PHA will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. 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 with the policies in Chapter 12. Recently Conducted Income Determinations PHAs may accept income calculations and verifications from third-party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as: • The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and • The family certifies there has been no change in income or family composition in the interim. 3.I.c Packet Pg. 999 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-13 PHA Policy The PHA will accept income calculations and verifications from third-party providers provided they meet the criteria outlined above. The family certification must be made in a format acceptable to the PHA and must be signed by all adult family members whose information or status is being verified. At the time of the family’s annual reexamination the PHA must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11. EIV Income Validation Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must: • Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family-reported income within 90 days of the PIC submission date; • Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and • Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates. Prior to admission, PHAs must continue to use HUD’s EIV system to search for all household members using the Existing Tenant Search in accordance with PHA policies in Chapter 3. If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12. TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION For the EHV program, the PHA is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the EHV program. Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation. If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. PHA Policy The PHA will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals 3.I.c Packet Pg. 1000 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-14 must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation. If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12. TPS-IV.F. AGE AND DISABILITY VERIFICATION PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV. If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program. PHA Policy The PHA will accept self-certification of date of birth and disability status if a higher form of verification is not immediately available. The certification must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified. If self-certification is accepted, within 90 days of admission, the PHA will verify the information in EIV or through other third-party verification if the information is not available in EIV. The PHA will note the family’s file that self- certification was used as initial verification and include an EIV printout or other third- party verification confirming the applicant’s date of birth and/or disability status. If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12. TPS-IV.G. INCOME TARGETING The PHA must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and PHA policy in Chapter 3; however, income targeting requirements do not apply for EHV families. The PHA may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. PHA Policy The PHA will include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted. 3.I.c Packet Pg. 1001 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-15 PART V: HOUSING SEARCH AND LEASING TPS-V.A. INITIAL VOUCHER TERM Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply. PHA Policy All EHVs will have an initial term of 120 calendar days. The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the PHA grants an extension. TPS-V.B. HOUSING SEARCH ASSISTANCE The PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity. At a minimum, housing search assistance must: • Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low-poverty neighborhoods; • Provide transportation assistance and directions to potential units; • Conduct owner outreach; • Assist with the completion of rental applications and PHA forms; and • Help expedite the EHV leasing process for the family PHA Policy As identified in the MOU between the PHA and CoC, the following housing search assistance will be provided to each EHV family, as needed: Security Deposits: Security deposit fees will be provided by LAHSA to the extent possible. SMHA, LAHSA, and/or a partnering service provider will further assist individuals and families in the Program by providing the following services: • LAHSA will assist individuals and families with the completion of rental applications and forms, obtain necessary supporting documentation for referrals and 3.I.c Packet Pg. 1002 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-16 applications for assistance, and assist with addressing or mitigating barriers to leasing. • Housing search assistance for eligible individuals and families. • Partnering service providers will support SMHA to ensure appointment notifications to eligible individuals and families, and assist eligible households in attending appointments with SMHA. • SMHA will establish timeframes for applicants to complete intake appointments for EHV assistance. • SMHA and partnering service providers will provide counseling on compliance with lease requirements. • Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable. TPS-V.C. HQS PRE-INSPECTIONS To expedite the leasing process, PHAs may pre-inspect available units that EHV families may be interested in leasing in order to maintain a pool of eligible units. PHA Policy To expedite the leasing process, the PHA may pre-inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS pre-inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The family will be free to select his or her unit. When a pre-inspected unit is not selected, the PHA will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required reinspections. TPS-V.D. INITIAL LEASE TERM Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy. TPS-V.E. PORTABILITY The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal 3.I.c Packet Pg. 1003 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-17 residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B. Billing and Absorption A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA administers EHVs under its own ACC. • If the EHV family moves under portability to another PHA that administers EHVs under its own ACC: - The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do so). - If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit. - Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s EHV assistance, the EHV administration of the voucher is in accordance with the receiving PHA’s EHV policies. • If the EHV family moves under portability to another PHA that does not administer EHV under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA. Family Briefing In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family’s assistance, the initial PHA must inform the family how portability may impact the special EHV services and assistance that may be available to the family. The initial PHA is required to help facilitate the family’s portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP). PHA Policy In addition to following PHA policy on briefings in Chapter 5, as part of the briefing packet for EHV families, the PHA will include a written notice that the PHA will assist the family with moves under portability. For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA’s LEP plan (See Chapter 2). 3.I.c Packet Pg. 1004 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-18 Coordination of Services If the portability move is in connection with the EHV family’s initial lease-up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family. PHA Policy For EHV families who are exercising portability, when the PHA contacts the receiving PHA in accordance with Section 10-II.B. Preapproval Contact with Receiving PHA, the PHA will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance, and ensure the receiving PHA is aware of the maximum amount of services fee funding that the initial PHA may provide to the receiving PHA on behalf of the family. Services Fee Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families. For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or $1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service fees are paid as follows: • If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible services or assistance to the incoming EHV family, the receiving PHA may be compensated for those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs. • If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance. • If the receiving PHA does not administer EHVs, the initial PHA must provide the services funding upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA. Placement Fee/Issuance Reporting Fee If the portability lease-up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease-up. The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable. 3.I.c Packet Pg. 1005 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-19 TPS-V.F. PAYMENT STANDARDS Payment Standard Schedule For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EHV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below. Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers: • Defining the “basic range” for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent). • Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. - The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR. PHA Policy The PHA currently has an exception payment standard approved by HUD and will not establish a higher payment standard amount for EHVs. The PHA will use the same payment standards for HCV and EHV. Rent Reasonableness All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has established an alternative or exception EHV payment standard. Increases in Payment Standards The requirement that the PHA apply increased payment standards at the family’s first regular recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family’s first regular reexamination following the change. 3.I.c Packet Pg. 1006 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-20 PHA Policy The PHA will not establish an alternative policy for increases in the payment standard. PHA policy in Section 11-III.B. governing increases in payment standards will apply to EHV. TPS-V.G. TERMINATION OF VOUCHERS After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV-assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023. If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family. All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason. An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families. 3.I.c Packet Pg. 1007 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-21 PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes and must not be used for HAP. The appropriated funds for EHVs are separate from the regular HCV program and may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program participants including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD), or other monitoring review findings. The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15. The PHA must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158. 3.I.c Packet Pg. 1008 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-22 Exhibit TPS-1: MEMORANDUM OF UNDERSTANDING (MOU) ATTACHMENT 2 OF NOTICE PIH 2021-15 - SAMPLE MOU TEMPLATE Memorandum of Understanding [** This sample document demonstrates the Memorandum of Understanding requirements for the administration Emergency Housing Voucher. Unless otherwise noted, all elements are required. **] This Memorandum of Understanding (MOU) has been created and entered into on [** Insert execution date. **]. [PHA Name and Address] [CoC Name and Address] I. Introduction and Goals (the following elements, listed in a. – c., are required elements of the MOU): a. PHA and CoC’s commitment to administering the EHVs in accordance with all program requirements. b. PHA goals and standards of success in administering the program. c. Identification of staff position at the PHA and CoC who will serve as the lead EHV liaisons. Lead HCV Liaison: [Name and title of PHA staff position] Responsibilities of the PHA EHV liaison [**Optional**]. [Name and title of CoC staff position] Responsibilities of the CoC EHV liaison [**Optional**]. II. Define the populations eligible for EHV assistance to be referred by CoC. 3.I.c Packet Pg. 1009 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-23 III. Services to be provided to eligible EHV families 1. List the services to be provided to assist individuals and families have success in the program and who will provide them. [**The following services are listed for example purposes. **] 1. Partnering service providers will support individuals and families in completing applications and obtaining necessary supporting documentation to support referrals and applications for assistance; while aiding households in addressing barriers. 2. Partnering service providers will support PHAs in ensuring appointment notifications to eligible individuals and families and will assist eligible households in getting to meetings with the PHA. 3. PHAs will establish windows of time for EHV applicants to complete intake interviews for EHV. 4. Partnering service providers will provide housing search assistance for eligible individuals and families. 5. Partnering service providers will provide counseling on compliance with rental lease requirements. 6. Partnering service providers will assess individuals and families who may require referrals for assistance on security deposits, utility hook-up fees, and utility deposits. 7. Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable. IV. PHA Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Coordinate and consult with the CoC in developing the services and assistance to be offered under the EHV services fee. 2. Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry System. 3. Commit a sufficient number of staff and necessary resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner. 4. Commit a sufficient number of staff and resources to ensure that inspections of units are completed in a timely manner. 5. Designate a staff to serve as the lead EHV liaison. 6. Comply with the provisions of this MOU. 3.I.c Packet Pg. 1010 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-24 V. CoC Roles and Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Designate and maintain a lead EHV liaison to communicate with the PHA. 2. Refer eligible individuals and families to PHA using the community’s coordinated entry system. 3. Support eligible individuals and households in completing and applying for supportive documentation to accompany admissions application to the PHA (i.e. self-certifications, birth certificate, social security card, etc.). 4. Attend EHV participant briefings when needed. 5. Assess all households referred for EHV for mainstream benefits and supportive services available to support eligible individuals and families through their transition. 6. Identify and provide supportive services to EHV families. (While EHV participants are not required to participate in services, the CoC should assure that services are available and accessible.) 7. Comply with the provisions of this MOU. VI. Third Party Entity Roles Responsibilities [**The following responsibilities are listed for example purposes. **] 1. Describe how the State, local, philanthropic, faith-based organizations, Victim Service Providers or CoC recipients it designates will fulfill each of the following responsibilities: a. Outline resource and/or service being provided in support of the community’s EHV Program. Commit a sufficient number of staff and necessary resources to ensure that the application, certification and voucher issuance processes are completed in a timely manner. b. Comply with the provisions of this MOU. VII. Program Evaluation The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested data to HUD or HUD-approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD-approved contractor, including possible random assignment procedures. 3.I.c Packet Pg. 1011 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-25 [Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization (if applicable), and third-party entities (if applicable.] Signed by Executive Director, PHA Date CoC Executive Director Date 3.I.c Packet Pg. 1012 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-26 Exhibit TPS-2: HOMELESS PROVIDER’S CERTIFICATION Attachment 3 of Notice PIH 2021-15 Example of a Homeless Provider’s Certification Emergency Housing Voucher (EHV) HOMELESS CERTIFICATION EHV Applicant Name: Household without dependent children (complete one form for each adult in the household) Household with dependent children (complete one form for household) Number of persons in the household: This is to certify that the above named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situation- CHECK ONLY ONE BOX AND COMPLETE ONLY THAT SECTION Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks) The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground. Description of current living situation: Homeless Street Outreach Program 3.I.c Packet Pg. 1013 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-27 Name: This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc. Authorized Agency Representative Signature: Date: 3.I.c Packet Pg. 1014 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-28 Living Situation: Emergency Shelter The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows: Emergency Shelter Program Name: This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter). Authorized Agency Representative Signature: Date : Living Situation: Recently Homeless The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.) Authorized Agency Representative Signature: This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory. Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in: 3.I.c Packet Pg. 1015 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-29 emergency shelter OR a place unfit for human habitation Authorized Agency Representative Signature: Date: 3.I.c Packet Pg. 1016 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-30 Exhibit TPS-3: EXAMPLE OF A VICTIM SERVICES PROVIDER’S CERTIFICATION Attachment 4 of Notice PIH 2021-15: Example of a Victim Services Provider’s Certification Emergency Housing Voucher (EHV) SAMPLE HUMAN TRAFFICKING CERTIFICATION Purpose of Form: The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives. Use of This Optional Form: In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance. Confidentiality: All information provided to the service provider concerning the incident(s) of human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR EHV Applicant Name: This is to certify that the above named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000. Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in: 3.I.c Packet Pg. 1017 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-22-31 This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual(s) named above is/has been a victim of human trafficking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction. Authorized Agency Representative Signature: Date: 3.I.c Packet Pg. 1018 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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 AIDS 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 (Program) 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 Office 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 year-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. 3.I.c Packet Pg. 1019 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-2 HUD Department of Housing and Urban Development HUDCLIPS HUD Client Information and Policy System IPA Independent public accountant IRA Individual retirement account IRS Internal Revenue Service JTPA Job Training Partnership Act LBP Lead-based paint LEP Limited English proficiency MSA Metropolitan statistical area (established 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 General 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 SHP Supportive Housing Program 3.I.c Packet Pg. 1020 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-3 SSA Social Security Administration SSI Supplemental security income SWICA State wage information collection agency TANF Temporary assistance for needy families 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 Reauthorization Act of 2013 3.I.c Packet Pg. 1021 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. 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. Adjusted 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 under 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 individual. 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 amount that exceeds the published FMR. See §982.504(b). 3.I.c Packet Pg. 1022 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-5 “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.) 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 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. 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. 3.I.c Packet Pg. 1023 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-6 Contiguous MSA. In portability (under subpart H of part 982): An MSA 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 Transition to Housing Act of 2009 (HEARTH Act) which amended the 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 Payments 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. Dating 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 Deed-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. 3.I.c Packet Pg. 1024 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-7 Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which 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 of 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 destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. Domicile. The legal residence of the household head or 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. Economic 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. 3.I.c Packet Pg. 1025 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-8 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 adjustments 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 the housing market area to rent privately owned, existing, decent, safe 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 tenant 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 assisted 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 for a family, as determined by the PHA under the PHA subsidy standards. Federal agency. A department of the executive branch of the federal 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. 3.I.c Packet Pg. 1026 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-9 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-related 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 Assistance Expense.” 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 Housing and Urban Development. Imputed Asset. Asset disposed of for less than Fair Market Value during two years preceding examination or reexamination. Imputed asset income. PHA-established passbook rate multiplied by the total cash value of assets. Calculation 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. 3.I.c Packet Pg. 1027 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-10 Income information means information relating 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 Number; 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. Initial 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 for 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. 3.I.c Packet Pg. 1028 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-11 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 supportive 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 one window and two electrical outlets in proper operating condition. See HCV GB p. 10-6 and 24 CFR 982.401. Local preference. A preference used by the PHA to select among applicant families. Low income family. A family whose income does not exceed 80% of the median income for the area as determined by HUD with adjustments 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 as 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 for 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. Monthly 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. Near-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 3.I.c Packet Pg. 1029 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-12 of age but below the age of 62, living together; or one or more persons who 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 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. - In cases 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. Any income 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 for 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). 3.I.c Packet Pg. 1030 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-13 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 have 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” 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 Eff ort Pr oo f o f e f f o rt i s a f o rm t he P H A r eq ui r es a p pl i c a nts a n d p ar ti ci p a nts to f i l l o u t wh en re qu es ti n g a n e xt en si o n o f a v o uc he r. The Pr oof of Effort f orm m ust dem onstr ate to the Housing Authority that a good f aith eff ort was made during the term o f t he v o uc he r t o f i n d s ui t a bl e h ous i n g. T he f o rm mus t b e c ompl e te d i n f ul l , a n d d emo ns tra te t h at o n a we ekl y b asi s , t he voucher holder was communicating with property owners/property management companies in t he jur isdict ion and visited pot ential apar tments. The PHA may verif y t he information pr ovided. Proof of e f f or t may al s o i n c l ud e s ea rc he s o uts i d e o f S ant a Mo ni c a i f n ec ess ar y. I f a v o uc he r h ol d er s u bmi ts a P r oof of E f f or t f orm t hat is i n s uf f i ci e n t b y t he se s ta nd ar ds, t h e P H A may de ny a n e xte nsi o n re qu es t. 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 in 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 reexamination. 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. 3.I.c Packet Pg. 1031 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-14 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. Residency Preference. A PHA preference for admission of families that reside anywhere in a specified area, including 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. All 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 the 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 person. A person living alone or intending to live alone. Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. A special housing type: see §982.602 to §982.605. 3.I.c Packet Pg. 1032 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-15 Social Security Number (SSN). The nine-digit number that is assigned to a person by the Social Security 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. Admission of an applicant that is not on the PHA waiting list or without considering the applicant's waiting list position. 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 result 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 economic 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. Supportive Housing. Affordable housing, owned by a nonprofit organization, with on-site social services for tenants with special needs. 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 practice 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. 3.I.c Packet Pg. 1033 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-16 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, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included. Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included 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 energy-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 necessary 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 applicant 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 3.I.c Packet Pg. 1034 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc. Unlimited copies may be made for internal use. GL-17 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 holder. A family holding a voucher with an unexpired term (search time). Voucher program. The housing voucher program. Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available. Waiting 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 meeting 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 welfare-to-work voucher program (including any renewal of such WTW funding for the same purpose). 3.I.c Packet Pg. 1035 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 5-Year PHA Plan (for All PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires: 02/29/2016 Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs. Page 1 of 4 form HUD-50075-5Y (12/2014) A. PHA Information. A.1 PHA Name: Santa Monica Housing Authority PHA Code: ___CA 111______ PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2020 PHA Plan Submission Type: 5-Year Plan Submission Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program PH HCV Lead PHA: 3.I.d Packet Pg. 1036 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 2 of 4 form HUD-50075-5Y (12/2014) 5-Year Plan. Required for all PHAs completing this form. B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years. The mission of the PHA is the same as that of the Department of Housing and Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low- income, and extremely low- income families for the next five years. • Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments. • Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica. • Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities. • Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing and Continuum of Care vouchers, as they are available. • Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit. • Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality. • Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed.. • Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher, Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously. • Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants. • Coordinate with Human Services and service providers to prevent eviction and displacement. • Conduct extensive marketing of the programs and provide education that reduces the stigma of needs based programs. • Develop a client-focused customer service policy; • Increase community integration for persons with disabilities; • Promote civic engagement of recipients; • Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access. B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. Progress Report attached as a separate document. B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. • The PHA will continue to comply with the updated VAWA Reauthorization Act. • The PHA will offer a preference to families that are 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. • The City of Santa Monica provides funding for shelter-based services including social services assistance, resource referral, clinical therapy, peer counseling, and court advocacy to victims of domestic violence. Children Empowerment programming and Youth Violence Prevention and Education Workshops are also provided. 3.I.d Packet Pg. 1037 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 3 of 4 form HUD-50075-5Y (12/2014) B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. SMHA defines a “Significant Amendment and Substantial Deviation/Modification” when changes are made to the preferences/priorities on the waiting list (Currently defined in the Administrative Plan), if programs or number of persons to be served is reduced due to the loss of supporting revenue, if changes are made to the FMR but only if it adversely impacts tenants, and changes to the appeals/grievance process if tenants are negatively impacted. When significant changes are proposed SMHA will post a 45-day public review notice (24 CFR 903.17(r)), assure that the amendment is consistent with the Consolidated Plan 24 CFR 903.15 (unless action is taken due to funding reduction of programs) and must be approved by the Housing Commission. HUD approval is required prior to implementation of amendments. An exception to this definition will be made for any of the above changes that are adopted to reflect changes in HUD regulatory requirements and will not be considered significant amendments by HUD. B.6 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the 5-Year PHA Plan? Y N *Comments provided by RAB will be submitted with the 5-Year Plan. (b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. B.7 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. Instructions for Preparation of Form HUD-50075-5Y 5-Year PHA Plan for All PHAs A. PHA Information 24 CFR §903.23(4)(e) A.1 Include the full PHA Name, PHA Code, , PHA Fiscal Year Beginning (MM/YYYY), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. B. 5-Year Plan. B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years. (24 CFR §903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low- income, and extremely low- income families for the next five years. (24 CFR §903.6(b)(1)) For Qualified PHAs only, if at any time a PHA proposes to take units offline for modernization, then that action requires a significant amendment to the PHA’s 5-Year Plan. B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. (24 CFR §903.6(b)(2)) B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR §903.6(a)(3)) B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. B.6 Resident Advisory Board (RAB) comments. (a) Did the public or RAB provide comments? (b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.17(a), 24 CFR §903.19) 3.I.d Packet Pg. 1038 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 4 of 4 form HUD-50075-5Y (12/2014) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan. The 5-Year PHA Plan provides the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan. Public reporting burden for this information collection is estimated to average .76 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. 3.I.d Packet Pg. 1039 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Streamlined Annual PHA Plan (HCV Only PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 02/29/2016 Page 1 of 4 form HUD-50075-HCV (12/2014) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs. Definitions. (1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: _____Santa Monica Housing Authority___________ PHA Code: ____CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ____07/01/2020___ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _________1508________ PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program Lead HA: 3.I.d Packet Pg. 1040 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 2 of 4 form HUD-50075-HCV (12/2014) B. Annual Plan. B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N Housing Needs and Strategy for Addressing Housing Needs. Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. Financial Resources. Rent Determination. Operation and Management. Informal Review and Hearing Procedures. Homeownership Programs. Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. Substantial Deviation. Significant Amendment/Modification. (b) If the PHA answered yes for any element, describe the revisions for each element(s): B.2 New Activities (a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N Project Based Vouchers. (b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. – The City of Santa Monica has funded, or may be funding, the development of a few special needs housing developments and are evaluating the feasibility of attaching project-based vouchers. B.3 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N N/A (b) If yes, please describe: B.4 Civil Rights Certification Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.5 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.6 Progress Report. Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. B.7 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N *Comments provided by RAB will be submitted with the Annual Plan. (a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. 3.I.d Packet Pg. 1041 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 3 of 4 form HUD-50075-HCV (12/2014) Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV Only PHAs ___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no." Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c)) Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)). Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f)) Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)). Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs. See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii)) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided. B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937. 3.I.d Packet Pg. 1042 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Page 4 of 4 form HUD-50075-HCV (12/2014) Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p)) B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families. Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality 3.I.d Packet Pg. 1043 Attachment: FY20-25 Santa Monica Housing Authority Public Housing Authority Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica 1 Vernice Hankins From:OZ <zurawska@yahoo.com> Sent:Tuesday, April 12, 2022 4:11 AM To:David White; Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; Kristin McCowan; Gleam Davis; Sue Himmelrich; councilmtgitems Subject:3-I: OPPOSE PLANS, please send out notice of first SM RAB meeting EXTERNAL Dear Executive Director of SMHA, and SMHA Board: I oppose the approval of the Plans as they have not gone through a legitimate RAB process… yet again. As you might know by now, SMHA was in violation of the federal regulation that mandates the establishment of a Resident Advisory Board (RAB) for at least twelve years (or possibly decades). Now we have a RAB on paper, i.e. SMHA sends out notices of the Administrative and Annual Plan’s public comment period to each voucher holder individually, and oddly considers that to be in lieu of RAB meetings. Since there never was a functioning RAB here before, and voucher holders are uneducated about their rights as RAB members, about the Administrative Plan or the role and process of the RAB in regard to the Administrative Plan, a notice of a RAB meeting needs to be sent out as soon as possible to all voucher holders. The RAB needs to be able to hold their first meeting, but is unable to without staff sending out a notice of such a meeting. Advocates have been asking for this for over TWO YEARS now. We are not asking for the staff to participate in the meeting. We are only asking that an administrative employee schedule and notice a zoom meeting (with the option for people to to call in), and send out a notice of such a meeting to all voucher holders. There are volunteer RAB members willing to run the meeting without staff assistance. Per HUD guidelines, it is the Housing Authority’s responsibility to make the means to communicate and a meeting space available to the RAB: PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. Source: https://www.hud.gov/program_offices/public_indian_housing/pha/about/rab To date SMHA staff has refused to send out a notice of a meeting to RAB members, apparently in an effort to prevent the RAB from communicating and engaging in the deliberative process regarding the Administrative Plan. As you know, Santa Monica Housing Choice Voucher holders live in scattered units and have no way to find one another to communicate. Item 3.I 04/12/22 1 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1044 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 2 Here is a notice of the February 2022 meeting of the Norwalk RAB, where all the voucher holders are RAB members and yet they have an opportunity to have a designated meeting: https://www.norwalk.org/home/showpublisheddocument/26305/637769919929900000 Inglewood, where all voucher holders are RAB members, also holds annual RAB meetings: https://inglewoodtoday.com/government/the-inglewood-housing-authoritys-annual- plan-aims-to-expand-access-and-programs-for-the-upcoming-fiscal-year/ There are a variety of policymaking and advisory bodies in the City, e.g. the City Council, SMHA Board, Housing Commission and many other boards, commissions and task forces. They all hold meetings. Staff does not just send individual notices to members of those bodies asking for their ideas or feedback. Those bodies meet and engage in a deliberative process. The RAB has the right to do same, as engaging in a deliberative process is the best way to formulate feedback or come up with a policy. If you have any doubts, the proof is in the pudding: at the most recent Housing Commission meeting staff claimed that they had received NO feedback from RAB members. Clearly, simply sending out a notice that asks each RAB member for individual feedback directly to SMHA does not work. I am sure you realize that RAB members in fact have a lot to say about how SMHA is run. They are not saying anything because they do not understand their role in the RAB process (which is brand new here and has never been utilized properly yet), and they often are afraid to individually communicate their feedback directly to SMHA or SMHA Board because they fear retaliation. Please take care of this without further delay and direct the staff to send out a notice of the first ever, informational meeting of the Santa Monica RAB meeting. The purpose of this meeting will be for RAB members to learn more about the RAB process and to come up with a work plan for a deliberative process in order to most effectively submit feedback to the next Administrative Plan. Such a meeting will put an end to the disenfranchising of Santa Monica subsidized housing tenants which has been going on for decades now, in a city that claims to care about affordable housing. Thank you for adhering to the HUD guidelines, and providing an opportunity for RAB members to engage in a deliberative process and have a voice in the SMHA policymaking process. Regards, Olga Zurawska ——————––– Item 3.I 04/12/22 2 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1045 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 3 * Did You Know? - The first RAB was established in Baltimore in 1968. - The Philly RAB was established in 1969. - The Santa Monica RAB might have been established circa 2020 but we can’t be sure as it was done by staff (not the policymakers), it is not codified anywhere, and to date the RAB has been prevented by staff from holding a meeting. So, does the SM RAB really exist? ৡৢৣ Item 3.I 04/12/22 3 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1046 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Date: April 12, 2022 Subject: City of Santa Monica City Council Meeting April 12, 2022 Re: Agenda Item 3-I/Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan Dear Santa Monica Housing Authority Board: I am submitting this public comment as a Santa Monica Resident and RAB Member regarding Agenda Item 3. I - the Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan and recommended actions to 1. Adopt the FY2022-2023 Santa Monica Housing Authority Annual Plan; 2. Authorize the submission of the FY2021-2023 Annual Plan to the United States Department of Housing and Urban Development. I object to the adoption of these plans for the following reasons: 1. The RAB has had no opportunity to meet and organize to respond collectively regarding the Annual and Administrative Plans, which do not include the voices of over 1,600 voucher holders in the City. The RAB has never been able to meet in more than 14 years. a. After 14 years the RAB was finally created in May of 2021. Two RAB representatives were appointed by the Santa Monica City Council in June of 2021. I requested information on how to contact the RAB representatives in or about July 7, 2021, but email addresses were not created for the two RAB members until August 30, 2021. I requested several times via email that the Santa Monica Housing Authority (SMHA) assist with scheduling a Zoom meeting for all RAB members to meet with the newly appointed RAB Representatives, Donna Brown and Elizabeth Cochran, to discuss the upcoming Annual Plan, but the SMHA never responded to that request. I also emailed Donna Brown and Elizabeth Cochran several times requesting to speak with them but they never responded. The RAB only exists on paper and continues to be left out of the conversation with regard to making discretionary changes to the Annual, Administrative, and the Five Year Plans. b. RAB members RAB should be able to meet quarterly to discuss the Annual and Administrative Plans coming up each year, and all housing issues, concerns, or changes recommended by the greater number of active RAB members should be Section 8/HCV holders or RAB c. Even though email addresses were provided by the City of SM for the newly appointed RAB Representatives, Donna Brown, and Elizabeth Cochran, they have not responded to my emails requesting to speak with them about the Item 3.I 04/12/22 4 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1047 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Annual and Administrative Plan, and therefore request that the Annual and Administrative Plans are not approved before the 45 day review period conducted by HUD of the Annual Plan.(See attached emails regarding the RAB) 2.I request that SMHA Board does not approve the Annual and Administrative Plans until the RAB has had an opportunity to meet. I request that a meeting of the RAB take place within the next 30 days via Zoom or Bluejeans. The SMHA must provide reasonable means for the RAB to become informed on programs covered by the SMHA plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, see 24 CFR 903.13(a)(2);" Examples of urgent needs that need to be discussed with the RAB a. Disparity of treatment of all subsidized tenants preferential treatment as to who gets housing subsidized and/or housing, or who gets rehoused, slow turn around time for reasonable accommodations, and processing of RTA packets when Voucher Holder’s are attempting to “lease-up.” b. Disparity in treatment of low-income, disabled persons and older females, who need to have a voice to speak about fair housing rights being violated, to advise the RAB to address within the Annual and Administrative Plans each year. c. No real informal review, appeal, or grievance process if SMHA program participants do not agree with a decision made by the SMHA regarding their participation in the program but is required by HUD to ensure due process for participants. d. Lack of transparency in AFF/Subsidized housing; etc. (preferential treatment who gets housing.) The SMHA need to make available a comprehensive list of all shelters, project based housing, deed-restricted/tax credit, and/or affordable housing units in the city. The City and County of San Diego publish such a list for public access. Santa Monica can easily publish a list like San Diego (See attached example of San Diego’s list of housing.) Link to San Diego Housing List https://www.sdhc.org/housing-opportunities/affordable-rentals/ e. The City of Santa Monica needs to publish waitlists for Section 8; CCSM; and AFF/Deed restricted; tax credit properties. The Cochise County Housing Authority in Arizona publishes such a list.(See attached example of Housing Waitlist in Cochise County) Item 3.I 04/12/22 5 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1048 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) f.No landlord liaison:There are known problems with habitability issues, harassment of long-term tenants, and source of income discrimination against subsidized tenants when applying for rental units. There are numerous stories in the news documenting the harassment and uninhabitable conditions of entire buildings here in Santa Monica. The City is well aware of the problems but does not have funds to protect tenants, specifically the Consumer Protection Unit, overseen by attorney Gary Rhoades, reportedly has not responded to numerous complaints, the complaints that the Consumer Protection does respond to is limited to sending letters to landlords as it has been indicated that the City of Santa Monica does not have the funding to go after bad landlords. g. Legal Aid cannot take legal action against the landlord and will not represent subsidized tenants in any dispute or action needed regarding the SMHA. h. Due to lack of representation for low income and/or susidized tenants, their is a need for HUD experienced legal advisor(s)/advocate(s) to comprehensively advise them of their rights, and to guide/represent them in any informal review or state hearing as provided for in CFR 24 i. There is a need for an ADA Coordinator who does not have conflicts with tenants and is actively responding to complaints and requests for assistance. Reportedly, the current ADA Coordinator has been unresponsive to requests for assistance. The above is not a complete list but is the most urgent of items that need to be addressed in an official meeting via Zoom, inviting all RAB members. Sadly, this is the same letter I submitted last year, and nothing has changed and continues to a seriously grave problem that is preventing subsidized tenants a right and opportunity to meaningfully participate in the drafting of the Annual, Administrative and Five Year Plans. I have attached copies of HUD Guidelines and Regulations regarding Resident Advisory Boards and the role of the Santa Monica Housing Authority in ensuring that RAB members are able to have meaningful engagement and input on the very documents that directly impact Section 8/Housuing Choice Voucher and all subsidized SMHA Program Participants. I have also attached copies of emails showing all the efforts I made to request an official meeting of the RAB Item 3.I 04/12/22 6 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1049 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) LII >Electronic Code of Federal Regulations (e-CFR) >Title 24 - Housing and Urban Development >Subtitle B - Regulations Relating to Housing and Urban Development >CHAPTER IX - OFFICE OF ASSISTANT SECRETARY FOR PUBLIC AND INDIAN HOUSING, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT >PART 903 - PUBLIC HOUSING AGENCY PLANS >Subpart B - PHA Plans and Fair Housing Requirements >§ 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? 24 CFR § 903.13 - What is a Resident Advisory Boardand what is its role in development of the Annual Plan? § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. CFR State Regulations Try the Purple® Mattress Purple Showroom - Santa Monica Place Item 3.I 04/12/22 7 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1050 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. Try the Purple® Mattress Purple Showroom - Santa Monica Place Item 3.I 04/12/22 8 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1051 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. Try The Purple Grid™ Near You Purple Showroom - Santa Monica Place CFR Toolbox Law about... Articles from Wex Table of Popular Names Parallel Table of Authorities Purple Showroom - Santa Monica Place Purple Is In Your Neighborhood Feel What Makes Purple Different at Our Store Near You! Store info Directions 11 Try the Purple® Mattress Purple Showroom - Santa Monica Place Item 3.I 04/12/22 9 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1052 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Purple Showroom - Santa Monica Place Shop Now at Our Store Near You Enjoy the Comfort of Your Mattress and Wake Up Refreshed. Store info Directions ACCESSIBILITY ABOUT LII CONTACT US ADVERTISE HERE HELP TERMS OF USE PRIVACY Try the Purple® Mattress Purple Showroom - Santa Monica Place Item 3.I 04/12/22 10 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1053 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 466 24 CFR Ch. IX (4–1–03 Edition)§964.400 Subpart E—Resident Board Members SOURCE: 64 FR 56879, Oct. 21, 1999, unless otherwise noted. §964.400 Purpose. The purpose of this subpart is to im- plement section 2(b) of the United States Housing Act of 1937 (42 U.S.C. 1437). §964.405 Applicability. (a) General. Except as described in paragraph (b) of this section, this sub- part applies to any public housing agency that has a public housing an- nual contributions contract with HUD or administers tenant-based rental as- sistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (b) Exceptions. The requirements of this subpart do not apply to a public housing agency that is: (1) Located in a State that requires the members of a governing board to be salaried and to serve on a full-time basis; or (2) Not governed by a governing board. §964.410 Additional definitions. The following additional definitions apply to this subpart only: Directly assisted. Directly assisted means a public housing resident or a recipient of housing assistance in the tenant-based section 8 program. Direct assistance does not include any State financed housing assistance or Section 8 project-based assistance. Eligible resident. An eligible resident is a person: (1) Who is directly assisted by a pub- lic housing agency; (2) Whose name appears on the lease; and (3) Is eighteen years of age or older. Governing board. Governing board means the board of directors or similar governing body of a public housing agency. Resident board member. A resident board member is a member of the gov- erning board who is directly assisted by that public housing agency. §964.415 Resident board members. (a) General. Except as provided in §§964.405(b) and 964.425, the membership of the governing board of each public housing agency must contain not less than one eligible resident board mem- ber. (b) Resident board member no longer di- rectly assisted. (1) A resident board member who ceases to be directly as- sisted by the public housing agency is no longer an ‘‘eligible resident’’ as de- fined in §964.410. (2) Such a board member may be re- moved from the PHA board for that cause, where such action is permitted under State or local law. (3) Alternatively, the board member may be allowed to complete his/her current term as a member of the gov- erning board. However, the board mem- ber may not be re-appointed (or re- elected) to the governing board for pur- poses of serving as the statutorily re- quired resident board member. (c) Minimum qualifications for board membership. Any generally applicable qualifications for board membership also apply to residents, unless the ap- plication of the requirements would re- sult in the governing board not con- taining at least one eligible resident as a member. Further, PHAs and local- ities may not establish eligibility re- quirements for board membership that are solely applicable to residents. §964.420 Resident board member may be elected. (a) General. Residents directly as- sisted by a public housing agency may elect a resident board member if pro- vided for in the public housing agency plan, adopted in accordance with 24 CFR part 903. (b) Notice to residents. The public housing agency must provide residents with at least 30 days advance notice for nominations and elections. The notice should include a description of the election procedures, eligibility require- ments, and dates of nominations and elections. Any election procedures de- vised by the public housing agency must facilitate fair elections. VerDate Jan<31>2003 20:43 Apr 25, 2003 Jkt 200078 PO 00000 Frm 00466 Fmt 8010 Sfmt 8010 Y:\SGML\200078T.XXX 200078T Item 3.I 04/12/22 11 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1054 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 467 Office of the Assistant Secretary, HUD Pt. 965 §964.425 Small public housing agen- cies. (a) General. The requirements of this subpart do not apply to any public housing agency that: (1) Has less than 300 public housing units (or has no public housing units): (2) Has provided reasonable notice to the resident advisory board of the op- portunity for residents to serve on the governing board; (3) Has not been notified of the inten- tion of any resident to participate on the governing board within a reason- able time (which shall not be less than 30 days) of the resident advisory board receiving the notice described in para- graph (a)(3) of this section; and (4) Repeats the requirements of para- graphs (a)(2) and (a)(3) of this section at least once every year. (b) Public housing agencies that only administer Section 8 assistance. A public housing agency that has no public housing units, but administers Section 8 tenant-based assistance, is eligible for the exception described in para- graph (a) of this section, regardless of the number of Section 8 vouchers it ad- ministers. (c) Failure to meet requirements for ex- ception. A public housing agency that is otherwise eligible for the exception de- scribed in paragraphs (a) and (b) of this section, but does not meet the three conditions described in paragraphs (a)(2) through (a)(4) of this section, must comply with the requirements of this subpart. §964.430 Nondiscrimination. (a) Membership status.—(1) General. A resident board member is a full mem- ber of the governing board. (2) Resident participation must include matters regarding Federal public housing and Section 8 tenant-based assistance. A resident board member must be al- lowed to take part in decisions related to the administration, operation, and management of Federal public housing programs and Section 8 tenant-based rental assistance programs. This rule does not extend to matters that: (i) Exclusively relate to other types of housing assistance (such as State fi- nanced housing assistance); or (ii) Do not involve housing assistance (as may occur where the city or county governing body also serves as the PHA board). (3) Public housing agency may expand scope of resident participation. A public housing agency may choose to expand the scope of resident member involve- ment to matters not required under paragraph (a)(2) of this section. (b) Residence status. A governing board may not prohibit any person from serving on the governing board because that person is a resident of a public housing project or is assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (c) Conflict of interest. A governing board may not exclude any resident board member from participating in any matter before the governing board on the grounds that the resident board member’s lease with the public housing agency, or the resident board member’s status as a public housing resident or recipient of Section 8 tenant-based as- sistance, either results or may result in a conflict of interest, unless the matter is clearly applicable to the resi- dent board member only in a personal capacity and applies uniquely to that member and not generally to residents or to a subcategory of residents. PART 965—PHA-OWNED OR LEASED PROJECTS—GENERAL PROVISIONS Subpart A—Preemption of State Prevailing Wage Requirements Sec. 965.101 Preemption of State prevailing wage requirements. Subpart B—Required Insurance Coverage 965.201 Purpose and applicability. 965.205 Qualified PHA-owned insurance enti- ty. 965.215 Lead-based paint liability insurance coverage. Subpart C—Energy Audits and Energy Conservation Measures 965.301 Purpose and applicability. 965.302 Requirements for energy audits. 965.303 [Reserved]. 965.304 Order of funding. 965.305 Funding. 965.306 Energy conservation equipment and practices. 965.307 Compliance schedule. VerDate Jan<31>2003 20:43 Apr 25, 2003 Jkt 200078 PO 00000 Frm 00467 Fmt 8010 Sfmt 8010 Y:\SGML\200078T.XXX 200078T Item 3.I 04/12/22 12 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1055 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) (/)U.S. Department of Housing and UrbanDevelopment Home (/) / Program Of ces (/program_of ces) / Public and Indian Housing (/program_of ces/public_indian_housing) / Public Housing Agency (PHA) Plans (/program_of ces/public_indian_housing/pha) / Public Housing Agency (PHA) Plans (/program_of ces/public_indian_housing/pha/about) / Resident Advisory Board - Public Housing Agency (PHA) Plans RESIDENT ADVISORY BOARD - PHA PLANS Forming the Resident AdvisoryBoard What is required? The Resident Advisory Board (RAB) provides the PHA and the residents with a forum for sharing information about the Agency's Annual Plan. Section 511 of the United States Housing Act and the regulations in 24 CFR part 903 require that PHAs establish one or more Resident Advisory Board(s) (RAB) as part of the PHA Plan process. RAB membership is comprised of individuals who re ect and represent the residents assisted by the PHA. The role of the RAB is to assist the PHA in developing the PHA Plan and in making any signi cant amendment or modi cation to the Plan. Item 3.I 04/12/22 13 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1056 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) What is the role of the RAB? The main role of the RAB is to make recommendations in the development of the PHA Plan. In order to facilitate collaboration, PHAs should encourage the RAB's participation from the inception of the planning process. PHAs are also required to request input from the RAB for any signi cant amendment or modi cation to the PHA Plan. When should the RAB be appointed? The RAB should be appointed well in advance of the date that the PHA Plan is due to HUD to ensure effective resident participation in the development of the plan. Who can participate on the RAB? If a jurisdiction-wide resident council is in place that complies with tenant participation regulations at 24 CFR Part 964, the PHA must appoint this group or its representatives as the Resident Advisory Board. If the PHA does not have a jurisdiction-wide resident council, then it should appoint resident councils or their representatives to serve as one or more of the RABs. A PHA may require that the resident councils choose a limited number of representatives to serve as RAB members. Where there are no resident councils that comply with the tenant participation regulations, then the PHA must appoint one or more RABs or board members as needed to adequately re ect and represent the residents assisted by the PHA. The Item 3.I 04/12/22 14 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1057 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) PHA should give adequate notice of its intentions to the residents and encourage the residents to form resident councils that comply with the tenant participation regulations. PHAs have discretion in determining the method of appointment of RABs, as long as a PHA ensures that its RAB or RABs re ect and represent all the residents assisted by the PHA. What about Section 8 recipients? Because Section 8 residents do not have resident councils, PHAs with a signi cant sized tenant based assistance program must ensure that Section 8 residents are adequately represented or that reasonable efforts are made to secure their participation in the RAB. A signi cant sized tenant based assistance program is one where at least 20 percent of the total PHA's households receive tenant- based assistance. Section 8-only PHAs are not exempt from the RAB requirement and must also appoint one or more RABs that adequately represent the population served. Given that there are no resident councils that comply with the tenant-participation regulations under the tenant-based assistance program, Section 8-only PHAs have discretion in the RAB appointment process. Participation in a RAB is limited to residents that are assisted under federally assisted public housing and the Section 8 tenant- based program. Item 3.I 04/12/22 15 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1058 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) How many RABs are required? PHAs that do not have a jurisdiction- wide RC have discretion to determine the number of RABs that they may appoint. PHAs are required to institute at least one RAB; the number of RABs beyond that number will depend on the size and the complexity of the PHA or its developments. In deciding the number of RABs to be established, a PHA should consider how adequate representation of its entire resident population can be provided. How does the PHA x the term of service? There is no xed term for membership on a RAB. A PHA has discretion to establish its own policy regarding the duration of the appointments. In determining the tenure to be adopted, PHAs may consider the number of RABs and the number of residents who volunteered to serve. Greater RAB participation may be realized by rotating residents' tenure. What if the PHA cannot establish a RAB? If, after making all possible endeavors, a PHA is not successful in establishing a RAB, it may appoint all of the agency's assisted residents as members of the RAB. The PHA must notify all of its members that they have been appointed as members and inform them of their role and responsibilities regarding the development of the PHA Plan. The PHA must also provide residents with Item 3.I 04/12/22 16 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1059 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) noti cation of meetings (at least 48 hours in advance) and provide copies of any materials for review. Encouraging Participation inthe RAB Residents who volunteer to be part of the RAB can be excellent partners to the PHA during the development of the PHA Plan. Although PHAs are expected to make a signi cant effort to ensure adequate resident representation in the Resident Advisory Boards, securing participation by residents during the planning process may pose a challenge for some PHAs. How can a PHA encourage residents to take advantage of the RAB opportunity? Personal appeals are one strategy. Executive Directors may be more likely to get commitments from residents if they personally request their participation. Residents might also be hesitant to volunteer to work with a Resident Advisory Board if they do not really understand their role as a member of the RAB. The PHA provide adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of bene t to both parties. The residents are provided Item 3.I 04/12/22 17 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1060 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-suf ciency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs suf cient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make Item 3.I 04/12/22 18 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1061 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any signi cant amendments or modi cations to it. RABs should be involved in the planning process as soon as it is feasible and must be given suf cient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate Item 3.I 04/12/22 19 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1062 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Public Notice and CommentPeriod Requirements The PHA governing body is required to convene a public hearing to discuss their Five-Year and/or Annual Plan and to prompt comments from the public regarding their proposed activities. PHAs must consider, in consultation with the RABs, all the comments received at the public hearing. PHAs are required to carry out the following steps at least forty- ve (45) days prior to the scheduled public hearing: Publish a notice indicating that a public hearing to present the Plan and further public comments will be held including time, date and location. The notice should also indicate where the Plan and pertaining documents will be available for their review. The documents should be maintained at an accessible place such as the PHA's central of ce. Conduct outreach activities to promote comprehensive participation in the public hearing. Item 3.I 04/12/22 20 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1063 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Any signi cant amendment or modi cation to the plan is subject to the public hearing and RABs' assessment requirements. Incorporating Comments intothe Plan PHAs are required to consider the RAB's recommendations to the Plan but are not required to agree with them. The recommendations received must be submitted by the PHAs as a required attachment to the Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. It is prudent for PHAs to acknowledge those recommendations that conform to the programs and the mission of the PHA. If the RABs do not provide recommendations to the Plan, the PHA must document that in the attached narrative. Announcement of Membershipof the RAB PHAs must provide an attachment to the PHA Plan listing the members of its Resident Advisory Board(s). If the number of participants is too large to reasonably list, then the attachment should include a list of the organizations represented on the RAB or other description suf cient to identify how members were chosen. RAB Notification of Plan Process To ensure that the RAB is fully engaged in the full plan process, PHAs are required to promptly provide a Item 3.I 04/12/22 21 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1064 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) copy of the HUD award letter (identifying formula share allocations for Capital Fund and Drug Elimination Programs), plan approval letter and at least one copy of the approved plan to each RAB. Jump to... Forming the Resident Advisory Board Encouraging Participation in the RAB PHA's Responsibility to the RAB Public Notice and Comment Period Requirements Incorporating Comments Into the Plan Announcement of Membership of the RAB RAB Noti cation of Plan Process Related Information PHA Plan Desk Guide (/sites/documents/DOC_8904.pdf) Public Housing Assessment System (PHAS) (/sites/documents/DOC_11732.html) 24 CFR 903.13 and 903.17 (https://www.govinfo.gov/app/details/CFR- 2002-title24-vol4/CFR-2002-title24- vol4-sec903-13) Notice PIH 2000-36 (/sites/documents/DOC_8906.pdf) Item 3.I 04/12/22 22 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1065 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Notice PIH 2001-4 (/sites/documents/DOC_8907.pdf) Notice PIH 2001-26 (/sites/documents/DOC_8908.pdf) Agency Resources U.S. Department of Housing and Urban Development 451 7th Street, S.W., Washington, DC 20410 T: 202-708-1112 TTY: 202-708-1455 Find a HUD office near you (/localoffices) Privacy Policy (/privacy_policy) | Web Policies (/library/bookshelf11) | Accessibility (/accessibility) | Sitemap (/siteindex) Item 3.I 04/12/22 23 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1066 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) ng fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet © 2004 by the National Housing Law Project. All rights reserved. public housing fact sheet #2: The Resident Advisory Board questions answered in this fact sheet: • What is a Resident Advisory Board (RAB)? • How can you get involved? important terms: • Resident Advisory Board (RAB): a group of residents that advises the housing authority on the PHA Plan. • Resident Council: a group of public housing residents in your development that meet and talk about issues important to all residents. Sometimes members of the Resident Council are also members of the RAB. • jurisdiction: the area that your housing authority serves. A jurisdiction may be your city, state, or county. For example, the jurisdiction of the New York City Housing Authority is all of New York City. The jurisdiction of the Delaware Housing Authority is the entire state of Delaware. 1. WHAT IS A RESIDENT ADVISORY BOARD (RAB)? A Resident Advisory Board (RAB) is a group of residents that advises your housing authority about its Annual and 5-Year PHA Plans. That means that they look at the Plans and give the housing authority feedback. The law says that your housing authority has to have a RAB for the entire PHA Plan process. The residents on the RAB should be similar to the residents living in public housing. If the public housing residents are very diverse, the RAB should also be very diverse. Housing authorities sometimes have more than one RAB. 2. WHAT ARE PHA PLANS AND WHAT IS THE PHA PLAN PROCESS? PHA Plans are developed by your housing authority. There is an Annual Plan, which is produced every year at the same time. There is also a 5-Year Plan, which talks about long-term goals. They contain a lot of information about your housing authority’s rules, including: Ÿ how tenants are admitted and evicted Ÿ decisions on collecting and raising rents Ÿ plans for resident programs, such as youth groups and job training seminars Ÿ decisions about spending money on maintenance, repairs, security, and other programs The PHA Plan Process is a step-by-step process that your housing authority must follow each year to produce the annual PHA Plan. The housing authority must follow strict rules—and resident participation is important. The Resident Advisory Board is the key to effective resident participation. For more information on PHA Plans, see “Public Housing Fact Sheet #1: PHA Annual and Five-Year Plans”. Item 3.I 04/12/22 24 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1067 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) ng fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet © 2004 by the National Housing Law Project. All rights reserved. 3. WHO BELONGS TO THE RAB? The RAB is made up of public housing residents and resident leaders. The members should come from many different properties. Most housing authorities with a Section 8 voucher program have to choose voucher residents to serve on the RAB. 4. HOW IS A RAB CREATED? In most cases, the housing authority creates the Resident Advisory Board. There are strict rules that the housing authority must follow in choosing members for the RAB. In some cases, there may be more than one RAB. The Resident Council can play a very important role in creating the RAB. The Resident Council is different from the RAB. It is a group of public housing residents that gets together to talk about issues important to all residents. Some Resident Councils are made up of members from just one property. Other Councils are made up of members from many properties—these Resident Councils are known as “jurisdiction-wide” councils. If the Resident Council follows resident participation rules, then it has the right to select members for the RAB: 1. When the Resident Council is jurisdiction-wide: In this case, members of the Resident Council can become the RAB. This happens when the Resident Council is a jurisdiction-wide council. 2. When there is more than one Resident Council from different properties: In this case, members from all of these Councils can become the RAB. The housing authority can also choose other public housing residents as additional members. 3. When there is no Resident Council: In this case, the housing authority can select all of the members for the RAB. 5. WHAT IS THE PURPOSE OF THE RAB? WHAT DOES IT DO? The purpose of the RAB is to participate in the PHA Plan Process and to represent the views of the residents. RAB members should find out what issues are important to residents and what issues the housing authority should know about. Your RAB is responsible for: • reviewing your housing authority’s PHA Plans • making comments on the PHA Pla ns (what’s good, what’s bad, what should be changed) • meeting with housing authority staff to talk about the PHA Plans. If it wants, the RAB can talk about the PHA Plan without the help of any housing authority staff. The RAB can also meet with residents to get information and pass information along. Item 3.I 04/12/22 25 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1068 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) ng fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet © 2004 by the National Housing Law Project. All rights reserved. Throughout the PHA Plan Process, your housing authority has to consider and respond to the comments of your RAB. It is the law! 6. WHAT RESOURCES ARE AVAILABLE TO THE RAB? By law, the housing authority has to provide resources to the RAB. Examples of resources include meeting space, computer access, supplies, and funds. The RAB needs resources in order to: • understand housing authority policies and programs • communicate with other residents • hold resident meetings • access the Internet About Resident Participation Funds: In addition, “resident participation funds” may be available to work on the PHA Plan process. Each year, your housing authority receives $25 per apartment just for resident participation activities. If there is a Resident Council, then the Resident Council decides how to use this money. If there is no Resident Council, then the RAB suggests how to spend it. Residents might decide to use these funds to help pay for PHA Plan activities. Examples include training, organizing and meeting activities. 7. HOW CAN YOU GET INVOLVED WITH YOUR RAB? • If there is a Resident Council: · Talk to the Council members about becoming a RAB representative · Talk to the current RAB representative. • If there is no Resident Council: · Tell your housing authority that you want to be a member of the RAB · Think about forming a Resident Council. Talk to your neighbors about joining. • Talk with current RAB members to find out what’s going on. The housing authority should help you by giving you a list of members. A list of members should also be attached to the current PHA Plan. • Ask the RAB if you can attend RAB meetings. • Find other partners to help you get involved. Examples of partners include local housing advocates, homeless advocates, church groups, unions, fair housing organizations. Item 3.I 04/12/22 26 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1069 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) ng fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet #2 public housing fact sheet © 2004 by the National Housing Law Project. All rights reserved. FOR MORE INFORMATION • 42 U.S.C.A. § 1437c–1. • 24 Code of Federal Regulations (CFR) Part 903 is available at www.access.gpo.gov/nara/cfr/cfr-table -search.html • Public Housing Agency (PHA) Plan Desk Guide (Sept. 20, 2001), available at http://www.hud.gov/offices/pih/pha/ For additional information on the PHA Plan Process: • Public Housing Fact Sheet #1: PHA Annual and Five-Year Plans • Residents’ Guide to the New Public Housing Authority Plans (Center for Community Change, June 1999) available at http://www.communitychange.org/publications/housingcommdev.htm (also available in Spanish) • HUD Housing Programs: Tenants’ Rights (National Housing Law Project, March 2004), Chapter 12 _______________ ABOUT THIS FACT SHEET Public Housing Fact Sheet #2 was developed by the National Housing Law Project. Public Housing residents, resident groups and nonprofit organizations may reprint this Fact Sheet freely, but must give credit to the National Housing Law Project. All others must request permission to reprint by contacting us at nhlp@nhlp.org. Item 3.I 04/12/22 27 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1070 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Theresa Marasco <theresa.marasco@gmail.com> Response to Your Emails 9 messages George S. Cardona <George.Cardona@santamonica.gov>Thu, Sep 23, 2021 at 10:59 AM To: "theresa.marasco@gmail.com" <theresa.marasco@gmail.com>, OZ <zurawska@yahoo.com>, Ann Maggio <annmaggio@gmail.com> Cc: Andy Agle <Andy.Agle@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Denise Anderson- Warren <Denise.Anderson-Warren@santamonica.gov> Ms. Zurawska, Ms. Marasco, and Ms. Maggio: I write in response to your September 14, September 17, September 19, and September 20, 2021 emails, copies of which are attached, and which raise several common issues. Preliminarily, with respect to the makeup of the Santa Monica Housing Authority (“SMHA”) Resident Advisory Board (“RAB”) and Governing Board (“Board”), I note that the SMHA is a public housing agency that has no public housing units, but rather only administers Section 8 assistance. Pursuant to the state Housing Authorities Law (Government Code Sections 34200, et seq.): 1. the City Council has appointed itself to serve as the SMHA Board, see Government Code Section 34290(a); 2. the City Council has established a Housing Commission, see Government Code Section 34292; and 3. both because the SMHA does not have tenants (but rather only administers Section 8 assistance) and because the SMHA has a Housing Commission to which tenant appointments are made, the Board is not required to have tenant members, see Government Code Section 34290(b), (c). Pursuant to HUD regulations: 1. the SMHA must have a RAB, whose membership consists of individuals who adequately reflect and represent the residents assisted by the SMHA, see 24 CFR 903.13(a)(1); 2. the SMHA must provide reasonable means for the RAB to become informed on programs covered by the SMHA plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, see 24 CFR 903.13(a)(2); 3. the SMHA must consider the recommendations of the RAB in preparing its final Annual Plan and any significant amendment or modification to the Annual Plan, see 24 CFR 903.13(c); and 4. unless the RAB is notified of the opportunity for residents to serve on the Board and no resident has indicated an interest in serving, the Board must include at least one eligible resident board member, that is, a member who is directly assisted by the SMHA, see 24 CFR 964.410, 415, 425. In compliance with these HUD requirements: The SMHA currently has a RAB consisting of all residents assisted under the SMHA’s Section 8 tenant-based program, that is, all SMHA Housing Choice Voucher (“HCV”) participants. On May 5, 2021, the SMHA sent notices to all SMHA HCV participants advising them of the opportunity to serve on the Board and the process for indicating an interest in serving. Because more than two SMHA HCV participants expressed an interest in serving, on June 29, 2021, a lottery was conducted in public view to select from those who had expressed interest two SMHA HCV participants to serve on the Board. The two SMHA HCV participants selected were: Donna Brown and Elizabeth Cochran. These two Board members and the email addresses at which they can be contacted are included on the Board’s webpage: https://santamonica.gov/housing-hab. It is up to the two Board members to determine for themselves whether/how to respond to any inquiries directed to them. Item 3.I 04/12/22 28 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1071 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On or about September 17, 2021, the SMHA circulated to all members of the RAB, that is, all SMHA HCV participants, and to all participants in the Continuum of Care and HOME voucher programs, letters advising that SMHA was proposing changes to its Administrative Plan and soliciting comments on those changes. Copies of the letters are attached for your reference. As set forth in the letters, all RAB members, as well as all participants in the Continuum of Care and HOME voucher programs, were advised: 1. the redline draft of the Administrative Plan showing the proposed changes, together with a summary of those changes, are available online at https://www.santamonica.gov/housing-news; 2. comments on the proposed changes can be submitted through October 31, 2021 by mail or by email to smhousing@santamonica.gov; 3. the draft Administrative Plan will be considered at the October 21, 2021 meeting of the Hosing Commission, and subsequently at the December 14 , 2021 meeting of the Board, at both of which public input on the proposed changes may be provided; and 4. the contact information for the two RAB members serving on the Board is listed at https://santamonica.gov/ housing-hab. As these letters indicate, all RAB members, and all Continuum of Care and HOME voucher participants are being provided with opportunities to comment (whether in writing, through public comment at the Housing Commission or Council meetings, or both) on the proposed changes to the SMHA Administrative Plan. Because all HCV participants are members of the RAB and are invited to participate in the Housing Commission meetings where Administrative Plan changes are considered, the meetings provide an opportunity for RAB members to meet with other HCV participants as participating families regarding the Administrative Plan. In addition, in making its recommendations to the SMHA Board regarding the Administrative Plan, the Housing Commission considers written comments as well as oral comments provided by RAB members and other members of the public. Additionally, all written comments submitted by RAB members and other members of the public during the public comment period, as well as the recommendations of the Housing Commission, are provided to the SMHA Board in its consideration of the Administrative Plan. Finally, RAB members, as well as other members of the public, are able to provide oral comments prior to the SMHA Board’s consideration of the Administrative Plan. Title 24 CFR Section 578.75 sets out general operational requirements for a Continuum of Care program. In particular, Section 578.75(g)(1), captioned “participation of homeless individuals,” provides as follows: Each recipient and subrecipient must provide for the participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policymaking entity of the recipient or subrecipient, to the extent that such entity considers and makes policies and decisions regarding any project, supportive services, or assistance provided under this part. This requirement is waived if a recipient or subrecipient is unable to meet such requirement and obtains HUD approval for a plan to otherwise consult with homeless or formerly homeless persons when considering and making policies and decisions. The City of Santa Monica requires that at least one member of the Housing Commission be a homeless or formerly homeless individual. This requirement is designed to address the HUD requirement by giving the homeless or formerly homeless individual who is a Commission member an opportunity to participate in all aspects of local affordable housing policy, not solely SMHA matters. City staff has consulted with HUD staff regarding this approach, and HUD staff recommended that the City apply for a waiver to ensure express HUD approval of the City’s approach, which is intended to enable broader participation in housing matters. Accordingly, the City will be applying to HUD for a waiver of the requirement that a homeless or formerly homeless individual be on the SMHA Board, and will provide public notice as to whether or not HUD grants the requested waiver. The Housing Commission conducts its regular meetings at 6:00 pm on the third Thursday of each month. For September, the regular meeting of the Housing Commission was scheduled for Thursday, September 16, 2021. That date, however, was Yom Kippur, which is considered the holiest day on the Jewish calendar and involves fasting, prayer, and repentance. The Housing Commission cancelled its regular meeting on that date, and a special meeting was scheduled one week later, at 6:00 pm September 23, 2021. The Chair and Vice-Chair retain broad discretion with respect to scheduling of Housing Commission meetings. It is not an abuse of that discretion to reschedule a meeting based on concern that one or more commissioners or a segment of the public will be unable to attend because of a particular religious holiday (whether or not that religious holiday is one the City recognizes as an official City holiday). Moreover, Item 3.I 04/12/22 29 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1072 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) while the September 16 meeting would have been a general meeting at which general public input was required by the Brown Act, and the September 23 meeting is a special meeting at which general public input is not required by the Brown Act, a specific agenda item authorizing general public input has been added to the agenda for the September 23 special meeting. On July 27, 2021, under Agenda Item 13L, Council voted to direct staff to return with revisions to Board/Commission/Task Force procedures to include a nepotism policy specifying that a person cannot serve on a city board/commission/task force if that person is a close family member (spouse/partner, siblings, children, or parents) of a seated Councilmember and specifying that this restriction would be effective immediately upon its adoption, rather than permitting a person affected to serve out their existing term. Staff has not yet returned to Council for adoption of the proposed policy, with the result that it is not yet in effect. Accordingly, though Council has clearly expressed its desire that such a nepotism policy be adopted, there is currently no adopted nepotism policy in place that would obligate a commissioner to step down from their position. I have copied Denise Andersen-Warren, who is overseeing the revision of Board/Commission/Task Force procedures, so she is aware of your complaint in this regard. On July 13, 2021, under Agenda Item 13K, Council voted to direct staff to return with a proposed ordinance, similar to that in place in Beverly Hills, that (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate. Staff has not yet returned to Council with the requested proposed ordinance. As a result, there is no current ordinance defining precisely what constitutes a lobbyist/legislative advocate, or barring such a lobbyist/legislative advocate from serving on a board, commission, or task force. I have copied Denise Andersen-Warren, who is overseeing the revision of Board/Commission/Task Force procedures, so she is aware of your complaint in this regard. George S. Cardona Interim City Attorney (310) 458-8375 ---------- Forwarded message ---------- From: Theresa Marasco <theresa.marasco@gmail.com> To: Andy Agle <Andy.Agle@santamonica.gov>, Anna Topolewski <Anna.Topolewski@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Oscar de la Torre <Oscar.delaTorre@santamonica.gov>, Christine Parra <Christine.Parra@santamonica.gov>, Phil Brock <Phil.Brock@santamonica.gov>, Kristin McCowan <Kristin.McCowan@santamonica.gov>, Gleam Davis <Gleam.Davis@santamonica.gov>, Lana Negrete <Lana.Negrete@santamonica.gov>, Sue Himmelrich <suehimmelrich@suehimmelrich.net>, Donna Brown <Donna.Brown@santamonica.gov>, Elizabeth Cochran <Elizabeth.Cochran@santamonica.gov>, John Jalili <John.Jalili@santamonica.gov> Cc: "Santa Monica City Manager's Office" <manager.mailbox@smgov.net>, "mike.soloff@mto.com" <mike.soloff@mto.com>, Ann Maggio <annmaggio@gmail.com>, oz <zurawska@yahoo.com>, "CA_Webmanager@hud.gov" <CA_Webmanager@hud.gov>, Richard Hilton <Richard.Hilton@smgov.net>, Josh Hamilton <Josh.Hamilton@santamonica.gov>, Todd Flora <Todd.Flora@santamonica.gov>, "Carl.Hansen@smgov.net" <Carl.Hansen@smgov.net>, Leonora Camner <Leonora.Camner@santamonica.gov>, Rene Buchanan <Rene.Buchanan@santamonica.gov>, "wayne.e.sauseda@hud.gov" <wayne.e.sauseda@hud.gov>, "George S. Cardona" <George.Cardona@santamonica.gov> Item 3.I 04/12/22 30 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1073 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Bcc: Date: Fri, 17 Sep 2021 23:55:29 +0000 Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Good afternoon John Jalili, Andy Agle, Anna Topolewski, James Kemper, the Santa Monica Housing Authority Board, and RAB Representatives: As you all know, I have been actively trying to communicate and engage with the newly appointed RAB representatives since July 7, 2021, which was one week after the RAB representatives were appointed, in an effort to ensure that the RAB representatives give ALL Housing Choice Voucher (HCV) holders a voice in the drafting of revisions to the Annual and Administrative Plan (AP) process. As of today, September 17, 2021, more than 3 months since I first contacted you all about engaging with the RAB representatives, I have not been able to communicate with either Donna Brown or Elizabeth Cochran, who are the current RAB representatives. The Santa Monica Housing Authority (SMHA) barely contacted me two weeks ago with the email addresses of the RAB representatives, Elizabeth Cochran and Donna Brown even though they were appointed on June 29, 2021. Since receiving the RAB representative email addresses, I have copied them on the emails that I sent to everyone addressed in this email requesting that the SMHA and the Santa Monica Housing Authority Board (SMHAB} set up a Zoom meeting for the RAB to give all RAB members/HCV a chance to discuss the draft AP. Additionally, I have tried contacting each of the RAB representatives by email but they have been unresponsive as of the writing of this email. To date, NONE of you have ever responded to my request to schedule a Zoom meeting and to notify all HCV holders about the meeting so everyone has a chance to ACTUALLY participate in a meaningful way and as is designed by HUD. Even though a RAB has always been required per HUD regulations, the SMHA and the SMHAB have failed to meet this requirement since the time that the City of Santa Monica created a Housing Authority. If it had not been for the diligence and hard work of Olga Zurawska over the last two years to force the hand of the SMHA and the SMHAB to create the RAB, it would have never been done. As pointed out in the email I received today from the SMHA regarding the comment period for the draft Administrative Plan, the SMHA officially, for the first time ever, notified HCV holders in March of this year that HCV holders are "automatically" RAB members. The fact is, any resident of Santa Monica has the opportunity to attempt to participate in the drafting of the AP by submitting public comment. However, without having an official functional RAB, that is comprised solely of HCV holders to discuss and carry forward the policy reccomendations for the draft of the AP, it has been pointless to submit comments. It is a well-known fact that the SMHA and SMHAB never take any of the public comments into consideration. The comment period literally only serves as something the SMHA and SMHAB check off of their list as a requirement you all complied with. At the 4/27/21 SMHAB meeting James Kemper confirmed that the SMHAB’s role is merely to rubber stamp the AP that SMHA staff puts before them. Today is the first day of the 45 day comment period regarding the Annual and Administrative Plans. Again, I am requesting a Zoom meeting be scheduled with the newly appointed RAB representatives and that ALL RAB members be notified. I am also requesting the SMHA and/or the SMHAB contact Elizabeth Cochran and Donna Brown to notify them that I am trying to contact them. Their sole purpose is to represent the recommendations of the entire RAB/ALL RAB members. Additionally, It should be noted that RAB's have more function than to just review and agree or disagree with the SMHA's "redlined" revisions of the annual draft AP. RAB's can make policy change recommendations on any part of the more than 600 pages of the AP's. Below are the statements that were made in the email sent to me today from the SMHA regarding the comment period for the draft revisions of the AP: "SMHA has proposed changes to its Administrative Plan, and the public comment period is open for Item 3.I 04/12/22 31 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1074 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) feedback on those changes. As a member of the RAB, we welcome your thoughts on the proposed policy changes. What’s Needed at This Time: If you’d like to participate in the Administrative Plan process, please review the proposed policy revisions redlined in Chapters 17, 19, and 21 of the Administrative Plan, which is currently posted for public comment. Please provide your input by October 31, 2021. " Per HUD's regulations, RAB's can submit their own recommendations for policy revisions to the AP that are allowable, and are in compliance with HUD regulations (CFR Title 24) for the SMHA and SMHAB to take into consideration each year. Therefore, the statements made in the email sent to all RAB members are incorrect and misleading and is even more reason why the RAB needs to be an official board with Bylaws, its own elections, and the ability to meet regularly throughout the year to discuss possible revisions to be submitted annually. The RAB is not to be influenced or controlled by either the SMHA or the SMHAB and should serve as a completely separate body to make recommendations for policy changes to the AP. SEE CFR Title 24 Section 903.13 below: § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. Item 3.I 04/12/22 32 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1075 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. It is also the role of the SMHA to provide adequate training and outreach activities to ensure participation of the RAB members and how to make AP recommendations that comply with HUD regulations and guidelines. The SMHA and the SMHAB have not conducted the outreach or training and have not disseminated any materials to assist the RAB Representatives and members. The SMHA and SMHAB have long held a closed-loop system subverting the voices of the population you all serve. The actions of the SMHA and the SMHAB could be considered non-compliance with the HUD contract and even discrimination. I suggest that the SMHA and the SMHAB begin to review HUD regulations regarding RAB's and Resident Councils (RC's) to ensure you are in compliance with the HUD contract, HUD regulations, and guidelines to avoid complaints being submitted to HUD and possibly a "finding" by HUD that "Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan." I look forward to a complete response by one of the parties addressed in this email immediately. Please schedule the Zoom meeting for the RAB no later than next week and at a time that would be feasible for ALL RAB members to attend if they wish to participate. After the first meeting, the RAB representatives and members can agree on the scheduling of future meetings without assistance from the SMHA and the SMHAB. Thanking you in advance for your immediate a en on and response in this ma er. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Thu, Sep 9, 2021 at 5:02 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Good afternoon Andy Agle, Anna Topolewski, James Kemper, and John Jalili: Thank you Ann Topolewski for responding to the email that I sent to Andy Agle on August 26, 2021. I requested that Andy Agle respond no later than September 2, 2021. However, the response you sent to me on August 30, 2021, on behalf of Andy Agle, only provided me with the contact information for the newly appointed RAB members but you did not address the entirety of my request. Andy Agle, Anna Topolewski, James Kemper, and John Jalili, beginning on August 6, 2021, I specifically requested the following: "...I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the Item 3.I 04/12/22 33 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1076 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting." I have made this request several times yet NONE of you have ever responded to it. The fact that you all wield so much power to simply ignore the requests from subsidized tenants, requests that are a part of your mandates per your HUD contracts and HUD regulations, is very troubling. You are all paid a very handsome salary, with above average benefits, including a four day work week, so I do not understand why something so simple such as setting up a Zoom meeting with the RAB, to begin the process of discussing the proposed changes of the Annual and Administrative plans, and notifying all the Section 8 tenants about the meeting and providing them with a link to participate is so difficult. September 16, 2021 is when the RAB/SMHAB will begin discussions about the above mentioned proposed changes. Please immediately schedule the requested Zoom meeting. Kindly schedule it at a time that will be convenient for the majority of Section 8 tenants to participate, preferably in the evening, and please notify ALL Section 8 tenants about the meeting, and encourage them to participate. Again, the HUD guidelines below that I have included in my previous emails that mandates the SMHA and the SMHAB, comply with my request: "PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate." I have copied the newly appointed RAB/HAB members, Donna Brown and Elizabeth Cochran on this email thread so they may review the requests made, and the responses provided by the various City of SMHA staff, and the interim City Manager, John Jalili. Thanking you in advance for your immediate attention and resolution to this matter. Very truly yours, Theresa H. Marasco (720) 226-4051 Item 3.I 04/12/22 34 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1077 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Powered by cloudHQ On Mon, Aug 30, 2021, 3:40 PM Anna Topolewski <Anna.Topolewski@santamonica.gov> wrote: Hi Theresa, You can find information about the Housing Authority Board(HAB) members on the Housing Authority News & Notices page (link below). The most recent notice provides a link to the new HAB webpage. https://www.santamonica.gov/housing-news Best, Anna Topolewski Senior Administrative Analyst Santa Monica Housing Authority Office: 310-458-8743 ext 2646 | Fax: 310-264-7757 A picture containing text, sign Description automatically generated From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Thursday, August 26, 2021 4:44 PM To: Andy Agle <Andy.Agle@santamonica.gov> Cc: Christopher J. Smith <Christopher.J.Smith@santamonica.gov>; Setareh Yavari <Setareh.Yavari@santamonica. gov>; Denise Anderson-Warren <Denise.Anderson-Warren@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica. gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich. net>; John Jalili <John.Jalili@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Image removed by sender. Good afternoon Andy Agle: Item 3.I 04/12/22 35 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1078 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On August 17, 2021, you sent me an email in response to the email that I sent to City of SM interim City Manager, John Jalili, on August 6, 2021. I have copied and pasted the email I sent to John Jalili below and is highlighted in yellow. As you know and upon review of the copied and pasted email below to John Jalili, I have been requesting the contact information for the newly appointed RAB/HAB members, as well as a Zoom meeting that will allow all Section 8 voucher holders to participate in the first, official meeting with the newly appointed RAB/HAB members. On Tuesday, August 17, 2021, 9 days ago, your response to me was the following: "Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website." I sent an email to James Kemper on Wednesday, July 7, 2021 requesting contact information for the newly appointed RAB/HAB members. Mr. Kemper responded the same day stating the following: "Regarding your question about the two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring." As you can imagine I am baffled as to why there are so many people involved yet it is taking a very long time to set up simple emails and a Zoom conference call. It is becoming more than apparent that the more than 1,500 Section 8 voucher holders in this city are not a priority to the people who are paid to administer the program - the SMHA. I have copied all of the SMHAB members/SMCC, the Housing Commission members and chair, James Kemper, and an array of City of Santa Monica staff, as well as several residents regarding the below requests. I am beyond frustrated and dismayed that all I have been provided are empty commitments, stonewalling, and no action. My requests are part of HUD's mandates. You and Mr. Kemper should be Item 3.I 04/12/22 36 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1079 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) fully aware of that fact so I am not asking for anything outlandish, or unorthodox, or even difficult. Please review my requests and information regarding HUD mandates below and kindly provide me with the information that I requested by September 2, 2021. 8/6/2021 email sent to City of SM interim City Manager, John Jalili below: Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the Item 3.I 04/12/22 37 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1080 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: (hyperlink to HUD mandate re: RAB) "Encouraging Participation in the RAB The PHA provides adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five- Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and Item 3.I 04/12/22 38 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1081 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Thanking you in advance for your immediate attention and response to this matter by next Thursday, September 2, 2021. Very truly yours, Theresa H. Marasco (720) 226-4051 Imageremovedby sender. cloudHQ Powered by cloudHQ On Tue, Aug 17, 2021 at 11:18 AM Andy Agle <Andy.Agle@santamonica.gov> wrote: Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website. From: John Jalili <John.Jalili@santamonica.gov> Sent: Friday, August 13, 2021 5:46 PM To: Theresa Marasco <theresa.marasco@gmail.com> Cc: Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Christopher J. Smith <Christopher.J.Smith@santamonica.gov> Subject: RE: Please respond Re: Contact information for RAB appointees Dear Ms. Marasco, You have reached me on a closed Friday and I am not able to reach out to Mr. Kemper and his supervisor, Andy Agle until next week. I have complete confidence in our staff and suggest you continue to work with them to resolve your issues. Thanks. Item 3.I 04/12/22 39 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1082 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Friday, August 13, 2021 4:30 PM To: John Jalili <John.Jalili@santamonica.gov>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET> Cc: Sue Himmelrich <suehimmelrich@suehimmelrich.net>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica. gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica.gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Good afternoon Mr. Jalili: Please provide me with a material response to my email of 8/6/21 (enclosed). When responding to that email on 8/6/21 you did not use "reply all,” which is why I have cut, pasted, and highlighted your insufficient response below: Hello Ms. Marasco: Thank you for alerting me about your concerns. I was not "alerting" you, I was requesting that you provide me with the answers to my requests. My email to you on 8/6/2021 specifically requested that SMHA organize a Zoom meeting for the RAB to be able to meet and communicate with the two individuals who are supposed to represent the RAB on the SMHA Board. The whole reason for the RAB is to give Section 8 voucher holders a voice and to have RAB representatives on the SMHAB who can speak on our behalf during SMHAB meetings. How can the representatives on the SMHAB represent the RAB if the RAB is deprived of the opportunity to contact snd communicate with its own representatives? I realize this is a new concept for the City of SM with regard to giving Section 8 voucher holders a voice even though it has been required by federal regulations for decades. It certainly doesn't take months to give the new appointees and the voucher holders a way to communicate and organize a Zoom meeting for them. I requested that an answer be provided to me by 8/11/2021. Today is 8/13.2021. You are a public official and you have a duty to resolve issues such as the ones I have brought to your attention and requested assistance in Item 3.I 04/12/22 40 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1083 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) resolving. I have asked you for your assistance in resolving this matter because the other public officials such as Mr. Kemper and others who have been copied on my emails, whose job it is to resolve this issue, have not done so as of the writing of this email even though I have requested the same of them. Your position with the City is the Interim City Manager. You are also the Interim Executive Director of the SMHA. You are paid to assist residents in this city with the problems and issues we face. I do not get paid to send endless emails that seem to go nowhere in this city. I have complained about the lack of response by the SMHA and other departments in the city many times but still, no change has come about. This is dysfunctional and unacceptable for the residents. As a resident I should not be put in a position where I have to consider contacting my senator or congressman to resolve a local issue regarding a federal program administered within the City of Santa Monica. I await your material response to my 8/6/21 email. Please provide it at your earliest convenience. Image removed by sender. Very truly yours, Theresa H. Marasco (720) 226-4051 Imageremoved by sender.cloudHQ Powered by cloudHQ On Fri, Aug 6, 2021 at 4:00 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Error! Filename not specified. Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board Item 3.I 04/12/22 41 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1084 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: "Encouraging Participation in the RAB The PHA provide adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are Item 3.I 04/12/22 42 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1085 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Please respond by 5 pm on Wednesday, August 11, 2021. I look forward to your reply. Thank you. Very truly yours, Item 3.I 04/12/22 43 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1086 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Theresa H. Marasco (720) 226-4051 Image removed bysender.cloudHQ Powered by ... [Message clipped] View entire message 6 attachments Re: Please respond Re: Contact information for RAB appointees.eml 284K item 14 - Fw: A California Bar complaint is about to be filed against you.eml 34K Cease And Desist - Remove Lobbyists and Adhere to Nepotisim Ban for Commissions NOW.eml 24K Legality of reason to reschedule HC meeting.eml 114K Admin Plan Comment Period Notice to RAB.docx 64K Admin Plan Comment Period Notice to Voucher Holders.docx 63K Theresa Marasco <theresa.marasco@gmail.com>Thu, Sep 23, 2021 at 12:42 PM To: oz <zurawska@yahoo.com>, Ann Maggio <annmaggio@gmail.com> What is this BS?? [Quoted text hidden] ---------- Forwarded message ---------- From: Theresa Marasco <theresa.marasco@gmail.com> To: Andy Agle <Andy.Agle@santamonica.gov>, Anna Topolewski <Anna.Topolewski@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Oscar de la Torre <Oscar.delaTorre@santamonica.gov>, Christine Parra <Christine.Parra@santamonica.gov>, Phil Brock <Phil.Brock@santamonica.gov>, Kristin McCowan <Kristin.McCowan@santamonica.gov>, Gleam Davis <Gleam.Davis@santamonica.gov>, Lana Negrete <Lana.Negrete@santamonica.gov>, Sue Himmelrich <suehimmelrich@suehimmelrich.net>, Donna Brown <Donna.Brown@santamonica.gov>, Elizabeth Cochran <Elizabeth.Cochran@santamonica.gov>, John Jalili <John.Jalili@santamonica.gov> Cc: "Santa Monica City Manager's Office" <manager.mailbox@smgov.net>, "mike.soloff@mto.com" <mike.soloff@mto.com>, Ann Maggio <annmaggio@gmail.com>, oz <zurawska@yahoo.com>, "CA_Webmanager@hud.gov" <CA_Webmanager@hud.gov>, Richard Hilton <Richard.Hilton@smgov.net>, Josh Hamilton <Josh.Hamilton@santamonica.gov>, Todd Flora <Todd.Flora@santamonica.gov>, "Carl.Hansen@smgov.net" <Carl.Hansen@smgov.net>, Leonora Camner <Leonora.Camner@santamonica.gov>, Rene Buchanan <Rene.Buchanan@santamonica.gov>, "wayne.e.sauseda@hud.gov" <wayne.e.sauseda@hud.gov>, "George S. Cardona" <George.Cardona@santamonica.gov> Bcc: Date: Fri, 17 Sep 2021 23:55:29 +0000 Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Item 3.I 04/12/22 44 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1087 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Good afternoon John Jalili, Andy Agle, Anna Topolewski, James Kemper, the Santa Monica Housing Authority Board, and RAB Representatives: As you all know, I have been actively trying to communicate and engage with the newly appointed RAB representatives since July 7, 2021, which was one week after the RAB representatives were appointed, in an effort to ensure that the RAB representatives give ALL Housing Choice Voucher (HCV) holders a voice in the drafting of revisions to the Annual and Administrative Plan (AP) process. As of today, September 17, 2021, more than 3 months since I first contacted you all about engaging with the RAB representatives, I have not been able to communicate with either Donna Brown or Elizabeth Cochran, who are the current RAB representatives. The Santa Monica Housing Authority (SMHA) barely contacted me two weeks ago with the email addresses of the RAB representatives, Elizabeth Cochran and Donna Brown even though they were appointed on June 29, 2021. Since receiving the RAB representative email addresses, I have copied them on the emails that I sent to everyone addressed in this email requesting that the SMHA and the Santa Monica Housing Authority Board (SMHAB} set up a Zoom meeting for the RAB to give all RAB members/HCV a chance to discuss the draft AP. Additionally, I have tried contacting each of the RAB representatives by email but they have been unresponsive as of the writing of this email. To date, NONE of you have ever responded to my request to schedule a Zoom meeting and to notify all HCV holders about the meeting so everyone has a chance to ACTUALLY participate in a meaningful way and as is designed by HUD. Even though a RAB has always been required per HUD regulations, the SMHA and the SMHAB have failed to meet this requirement since the time that the City of Santa Monica created a Housing Authority. If it had not been for the diligence and hard work of Olga Zurawska over the last two years to force the hand of the SMHA and the SMHAB to create the RAB, it would have never been done. As pointed out in the email I received today from the SMHA regarding the comment period for the draft Administrative Plan, the SMHA officially, for the first time ever, notified HCV holders in March of this year that HCV holders are "automatically" RAB members. The fact is, any resident of Santa Monica has the opportunity to attempt to participate in the drafting of the AP by submitting public comment. However, without having an official functional RAB, that is comprised solely of HCV holders to discuss and carry forward the policy reccomendations for the draft of the AP, it has been pointless to submit comments. It is a well-known fact that the SMHA and SMHAB never take any of the public comments into consideration. The comment period literally only serves as something the SMHA and SMHAB check off of their list as a requirement you all complied with. At the 4/27/21 SMHAB meeting James Kemper confirmed that the SMHAB’s role is merely to rubber stamp the AP that SMHA staff puts before them. Today is the first day of the 45 day comment period regarding the Annual and Administrative Plans. Again, I am requesting a Zoom meeting be scheduled with the newly appointed RAB representatives and that ALL RAB members be notified. I am also requesting the SMHA and/or the SMHAB contact Elizabeth Cochran and Donna Brown to notify them that I am trying to contact them. Their sole purpose is to represent the recommendations of the entire RAB/ALL RAB members. Additionally, It should be noted that RAB's have more function than to just review and agree or disagree with the SMHA's "redlined" revisions of the annual draft AP. RAB's can make policy change recommendations on any part of the more than 600 pages of the AP's. Below are the statements that were made in the email sent to me today from the SMHA regarding the comment period for the draft revisions of the AP: "SMHA has proposed changes to its Administrative Plan, and the public comment period is open for feedback on those changes. As a member of the RAB, we welcome your thoughts on the proposed policy changes. What’s Needed at This Time: Item 3.I 04/12/22 45 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1088 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) If you’d like to participate in the Administrative Plan process, please review the proposed policy revisions redlined in Chapters 17, 19, and 21 of the Administrative Plan, which is currently posted for public comment. Please provide your input by October 31, 2021. " Per HUD's regulations, RAB's can submit their own recommendations for policy revisions to the AP that are allowable, and are in compliance with HUD regulations (CFR Title 24) for the SMHA and SMHAB to take into consideration each year. Therefore, the statements made in the email sent to all RAB members are incorrect and misleading and is even more reason why the RAB needs to be an official board with Bylaws, its own elections, and the ability to meet regularly throughout the year to discuss possible revisions to be submitted annually. The RAB is not to be influenced or controlled by either the SMHA or the SMHAB and should serve as a completely separate body to make recommendations for policy changes to the AP. SEE CFR Title 24 Section 903.13 below: § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or Item 3.I 04/12/22 46 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1089 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. It is also the role of the SMHA to provide adequate training and outreach activities to ensure participation of the RAB members and how to make AP recommendations that comply with HUD regulations and guidelines. The SMHA and the SMHAB have not conducted the outreach or training and have not disseminated any materials to assist the RAB Representatives and members. The SMHA and SMHAB have long held a closed-loop system subverting the voices of the population you all serve. The actions of the SMHA and the SMHAB could be considered non-compliance with the HUD contract and even discrimination. I suggest that the SMHA and the SMHAB begin to review HUD regulations regarding RAB's and Resident Councils (RC's) to ensure you are in compliance with the HUD contract, HUD regulations, and guidelines to avoid complaints being submitted to HUD and possibly a "finding" by HUD that "Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan." I look forward to a complete response by one of the parties addressed in this email immediately. Please schedule the Zoom meeting for the RAB no later than next week and at a time that would be feasible for ALL RAB members to attend if they wish to participate. After the first meeting, the RAB representatives and members can agree on the scheduling of future meetings without assistance from the SMHA and the SMHAB. Thanking you in advance for your immediate a en on and response in this ma er. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Thu, Sep 9, 2021 at 5:02 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Good afternoon Andy Agle, Anna Topolewski, James Kemper, and John Jalili: Thank you Ann Topolewski for responding to the email that I sent to Andy Agle on August 26, 2021. I requested that Andy Agle respond no later than September 2, 2021. However, the response you sent to me on August 30, 2021, on behalf of Andy Agle, only provided me with the contact information for the newly appointed RAB members but you did not address the entirety of my request. Andy Agle, Anna Topolewski, James Kemper, and John Jalili, beginning on August 6, 2021, I specifically requested the following: "...I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting." Item 3.I 04/12/22 47 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1090 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) I have made this request several times yet NONE of you have ever responded to it. The fact that you all wield so much power to simply ignore the requests from subsidized tenants, requests that are a part of your mandates per your HUD contracts and HUD regulations, is very troubling. You are all paid a very handsome salary, with above average benefits, including a four day work week, so I do not understand why something so simple such as setting up a Zoom meeting with the RAB, to begin the process of discussing the proposed changes of the Annual and Administrative plans, and notifying all the Section 8 tenants about the meeting and providing them with a link to participate is so difficult. September 16, 2021 is when the RAB/SMHAB will begin discussions about the above mentioned proposed changes. Please immediately schedule the requested Zoom meeting. Kindly schedule it at a time that will be convenient for the majority of Section 8 tenants to participate, preferably in the evening, and please notify ALL Section 8 tenants about the meeting, and encourage them to participate. Again, the HUD guidelines below that I have included in my previous emails that mandates the SMHA and the SMHAB, comply with my request: "PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate." I have copied the newly appointed RAB/HAB members, Donna Brown and Elizabeth Cochran on this email thread so they may review the requests made, and the responses provided by the various City of SMHA staff, and the interim City Manager, John Jalili. Thanking you in advance for your immediate attention and resolution to this matter. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ Item 3.I 04/12/22 48 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1091 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On Mon, Aug 30, 2021, 3:40 PM Anna Topolewski <Anna.Topolewski@santamonica.gov> wrote: Hi Theresa, You can find information about the Housing Authority Board(HAB) members on the Housing Authority News & Notices page (link below). The most recent notice provides a link to the new HAB webpage. https://www.santamonica.gov/housing-news Best, Anna Topolewski Senior Administrative Analyst Santa Monica Housing Authority Office: 310-458-8743 ext 2646 | Fax: 310-264-7757 A picture containing text, sign Description automatically generated From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Thursday, August 26, 2021 4:44 PM To: Andy Agle <Andy.Agle@santamonica.gov> Cc: Christopher J. Smith <Christopher.J.Smith@santamonica.gov>; Setareh Yavari <Setareh.Yavari@santamonica. gov>; Denise Anderson-Warren <Denise.Anderson-Warren@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica. gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich. net>; John Jalili <John.Jalili@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Image removed by sender. Good afternoon Andy Agle: Item 3.I 04/12/22 49 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1092 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On August 17, 2021, you sent me an email in response to the email that I sent to City of SM interim City Manager, John Jalili, on August 6, 2021. I have copied and pasted the email I sent to John Jalili below and is highlighted in yellow. As you know and upon review of the copied and pasted email below to John Jalili, I have been requesting the contact information for the newly appointed RAB/HAB members, as well as a Zoom meeting that will allow all Section 8 voucher holders to participate in the first, official meeting with the newly appointed RAB/HAB members. On Tuesday, August 17, 2021, 9 days ago, your response to me was the following: "Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website." I sent an email to James Kemper on Wednesday, July 7, 2021 requesting contact information for the newly appointed RAB/HAB members. Mr. Kemper responded the same day stating the following: "Regarding your question about the two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring." As you can imagine I am baffled as to why there are so many people involved yet it is taking a very long time to set up simple emails and a Zoom conference call. It is becoming more than apparent that the more than 1,500 Section 8 voucher holders in this city are not a priority to the people who are paid to administer the program - the SMHA. I have copied all of the SMHAB members/SMCC, the Housing Commission members and chair, James Kemper, and an array of City of Santa Monica staff, as well as several residents regarding the below requests. I am beyond frustrated and dismayed that all I have been provided are empty commitments, stonewalling, and no action. My requests are part of HUD's mandates. You and Mr. Kemper should be fully aware of that fact so I am not asking for anything outlandish, or unorthodox, or even difficult. Item 3.I 04/12/22 50 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1093 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Please review my requests and information regarding HUD mandates below and kindly provide me with the information that I requested by September 2, 2021. 8/6/2021 email sent to City of SM interim City Manager, John Jalili below: Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members Item 3.I 04/12/22 51 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1094 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: (hyperlink to HUD mandate re: RAB) "Encouraging Participation in the RAB The PHA provides adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five- Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to Item 3.I 04/12/22 52 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1095 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Thanking you in ad ---------- Forwarded message ---------- From: Theresa Marasco <theresa.marasco@gmail.com> To: Andy Agle <Andy.Agle@santamonica.gov>, Anna Topolewski <Anna.Topolewski@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Oscar de la Torre <Oscar.delaTorre@santamonica.gov>, Christine Parra <Christine.Parra@santamonica.gov>, Phil Brock <Phil.Brock@santamonica.gov>, Kristin McCowan <Kristin.McCowan@santamonica.gov>, Gleam Davis <Gleam.Davis@santamonica.gov>, Lana Negrete <Lana.Negrete@santamonica.gov>, Sue Himmelrich <suehimmelrich@suehimmelrich.net>, Donna Brown <Donna.Brown@santamonica.gov>, Elizabeth Cochran <Elizabeth.Cochran@santamonica.gov>, John Jalili <John.Jalili@santamonica.gov> Cc: "Santa Monica City Manager's Office" <manager.mailbox@smgov.net>, "mike.soloff@mto.com" <mike.soloff@mto.com>, Ann Maggio <annmaggio@gmail.com>, oz <zurawska@yahoo.com>, "CA_Webmanager@hud.gov" <CA_Webmanager@hud.gov>, Richard Hilton <Richard.Hilton@smgov.net>, Josh Hamilton <Josh.Hamilton@santamonica.gov>, Todd Flora <Todd.Flora@santamonica.gov>, "Carl.Hansen@smgov.net" <Carl.Hansen@smgov.net>, Leonora Camner <Leonora.Camner@santamonica.gov>, Rene Buchanan <Rene.Buchanan@santamonica.gov>, "wayne.e.sauseda@hud.gov" <wayne.e.sauseda@hud.gov>, "George S. Cardona" <George.Cardona@santamonica.gov> Bcc: Date: Fri, 17 Sep 2021 23:55:29 +0000 Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Good afternoon John Jalili, Andy Agle, Anna Topolewski, James Kemper, the Santa Monica Housing Authority Board, and RAB Representatives: As you all know, I have been actively trying to communicate and engage with the newly appointed RAB representatives since July 7, 2021, which was one week after the RAB representatives were appointed, in an effort to ensure that the RAB representatives give ALL Housing Choice Voucher (HCV) holders a voice in the drafting of revisions to the Annual and Administrative Plan (AP) process. As of today, September 17, 2021, more than 3 months since I first contacted you all about engaging with the RAB representatives, I have not been able to communicate with either Donna Brown or Elizabeth Cochran, who are the current RAB representatives. The Santa Monica Housing Authority (SMHA) barely contacted me two weeks ago with the email addresses of the RAB representatives, Elizabeth Cochran and Donna Brown even though they were appointed on June 29, 2021. Since receiving the RAB representative email addresses, I have copied them on the emails that I sent to everyone addressed in this email requesting that the SMHA and the Santa Monica Housing Authority Board (SMHAB} set up a Zoom meeting for the RAB to give all RAB members/HCV a chance to discuss the draft AP. Additionally, I have tried contacting each of the RAB representatives by email but they have been unresponsive as of the writing of this email. To date, NONE of you have ever responded to my request to schedule a Zoom meeting and to notify all HCV holders about the meeting so everyone has a chance to ACTUALLY participate in a meaningful way and as is designed by HUD. Even though a RAB has always been required per HUD regulations, the SMHA and the SMHAB have failed to meet this requirement since the time that the City of Santa Monica created a Housing Authority. If it had not been for the diligence and hard work of Olga Zurawska over the last two years to force the hand of the SMHA and the SMHAB to create the RAB, it would have never been done. As pointed out in the email I received today from the SMHA regarding the comment period for the draft Administrative Plan, the SMHA officially, for the first time ever, notified HCV holders in March of this year Item 3.I 04/12/22 53 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1096 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) that HCV holders are "automatically" RAB members. The fact is, any resident of Santa Monica has the opportunity to attempt to participate in the drafting of the AP by submitting public comment. However, without having an official functional RAB, that is comprised solely of HCV holders to discuss and carry forward the policy reccomendations for the draft of the AP, it has been pointless to submit comments. It is a well-known fact that the SMHA and SMHAB never take any of the public comments into consideration. The comment period literally only serves as something the SMHA and SMHAB check off of their list as a requirement you all complied with. At the 4/27/21 SMHAB meeting James Kemper confirmed that the SMHAB’s role is merely to rubber stamp the AP that SMHA staff puts before them. Today is the first day of the 45 day comment period regarding the Annual and Administrative Plans. Again, I am requesting a Zoom meeting be scheduled with the newly appointed RAB representatives and that ALL RAB members be notified. I am also requesting the SMHA and/or the SMHAB contact Elizabeth Cochran and Donna Brown to notify them that I am trying to contact them. Their sole purpose is to represent the recommendations of the entire RAB/ALL RAB members. Additionally, It should be noted that RAB's have more function than to just review and agree or disagree with the SMHA's "redlined" revisions of the annual draft AP. RAB's can make policy change recommendations on any part of the more than 600 pages of the AP's. Below are the statements that were made in the email sent to me today from the SMHA regarding the comment period for the draft revisions of the AP: "SMHA has proposed changes to its Administrative Plan, and the public comment period is open for feedback on those changes. As a member of the RAB, we welcome your thoughts on the proposed policy changes. What’s Needed at This Time: If you’d like to participate in the Administrative Plan process, please review the proposed policy revisions redlined in Chapters 17, 19, and 21 of the Administrative Plan, which is currently posted for public comment. Please provide your input by October 31, 2021. " Per HUD's regulations, RAB's can submit their own recommendations for policy revisions to the AP that are allowable, and are in compliance with HUD regulations (CFR Title 24) for the SMHA and SMHAB to take into consideration each year. Therefore, the statements made in the email sent to all RAB members are incorrect and misleading and is even more reason why the RAB needs to be an official board with Bylaws, its own elections, and the ability to meet regularly throughout the year to discuss possible revisions to be submitted annually. The RAB is not to be influenced or controlled by either the SMHA or the SMHAB and should serve as a completely separate body to make recommendations for policy changes to the AP. SEE CFR Title 24 Section 903.13 below: § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this Item 3.I 04/12/22 54 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1097 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. It is also the role of the SMHA to provide adequate training and outreach activities to ensure participation of the RAB members and how to make AP recommendations that comply with HUD regulations and guidelines. The SMHA and the SMHAB have not conducted the outreach or training and have not disseminated any materials to assist the RAB Representatives and members. The SMHA and SMHAB have long held a closed-loop system subverting the voices of the population you all serve. The actions of the SMHA and the SMHAB could be considered non-compliance with the HUD contract and even discrimination. I suggest that the SMHA and the SMHAB begin to review HUD regulations regarding RAB's and Resident Councils (RC's) to ensure you are in compliance with the HUD contract, HUD regulations, and guidelines to avoid complaints being submitted to HUD and possibly a "finding" by HUD that "Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan." I look forward to a complete response by one of the parties addressed in this email immediately. Please schedule the Zoom meeting for the RAB no later than next week and at a time that would be feasible for ALL RAB members to attend if they wish to participate. After the first meeting, the RAB representatives and members can agree on the scheduling of future meetings without assistance from the SMHA and the SMHAB. Thanking you in advance for your immediate a en on and response in this ma er. Item 3.I 04/12/22 55 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1098 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Thu, Sep 9, 2021 at 5:02 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Good afternoon Andy Agle, Anna Topolewski, James Kemper, and John Jalili: Thank you Ann Topolewski for responding to the email that I sent to Andy Agle on August 26, 2021. I requested that Andy Agle respond no later than September 2, 2021. However, the response you sent to me on August 30, 2021, on behalf of Andy Agle, only provided me with the contact information for the newly appointed RAB members but you did not address the entirety of my request. Andy Agle, Anna Topolewski, James Kemper, and John Jalili, beginning on August 6, 2021, I specifically requested the following: "...I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting." I have made this request several times yet NONE of you have ever responded to it. The fact that you all wield so much power to simply ignore the requests from subsidized tenants, requests that are a part of your mandates per your HUD contracts and HUD regulations, is very troubling. You are all paid a very handsome salary, with above average benefits, including a four day work week, so I do not understand why something so simple such as setting up a Zoom meeting with the RAB, to begin the process of discussing the proposed changes of the Annual and Administrative plans, and notifying all the Section 8 tenants about the meeting and providing them with a link to participate is so difficult. September 16, 2021 is when the RAB/SMHAB will begin discussions about the above mentioned proposed changes. Please immediately schedule the requested Zoom meeting. Kindly schedule it at a time that will be convenient for the majority of Section 8 tenants to participate, preferably in the evening, and please notify ALL Section 8 tenants about the meeting, and encourage them to participate. Again, the HUD guidelines below that I have included in my previous emails that mandates the SMHA and the SMHAB, comply with my request: "PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. Item 3.I 04/12/22 56 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1099 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate." I have copied the newly appointed RAB/HAB members, Donna Brown and Elizabeth Cochran on this email thread so they may review the requests made, and the responses provided by the various City of SMHA staff, and the interim City Manager, John Jalili. Thanking you in advance for your immediate attention and resolution to this matter. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Mon, Aug 30, 2021, 3:40 PM Anna Topolewski <Anna.Topolewski@santamonica.gov> wrote: Hi Theresa, You can find information about the Housing Authority Board(HAB) members on the Housing Authority News & Notices page (link below). The most recent notice provides a link to the new HAB webpage. https://www.santamonica.gov/housing-news Best, Anna Topolewski Senior Administrative Analyst Santa Monica Housing Authority Office: 310-458-8743 ext 2646 | Fax: 310-264-7757 A picture containing text, sign Description automatically generated Item 3.I 04/12/22 57 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1100 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Thursday, August 26, 2021 4:44 PM To: Andy Agle <Andy.Agle@santamonica.gov> Cc: Christopher J. Smith <Christopher.J.Smith@santamonica.gov>; Setareh Yavari <Setareh.Yavari@santamonica. gov>; Denise Anderson-Warren <Denise.Anderson-Warren@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica. gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich. net>; John Jalili <John.Jalili@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Image removed by sender. Good afternoon Andy Agle: On August 17, 2021, you sent me an email in response to the email that I sent to City of SM interim City Manager, John Jalili, on August 6, 2021. I have copied and pasted the email I sent to John Jalili below and is highlighted in yellow. As you know and upon review of the copied and pasted email below to John Jalili, I have been requesting the contact information for the newly appointed RAB/HAB members, as well as a Zoom meeting that will allow all Section 8 voucher holders to participate in the first, official meeting with the newly appointed RAB/HAB members. On Tuesday, August 17, 2021, 9 days ago, your response to me was the following: "Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website." I sent an email to James Kemper on Wednesday, July 7, 2021 requesting contact information for the newly appointed RAB/HAB members. Mr. Kemper responded the same day stating the following: Item 3.I 04/12/22 58 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1101 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) "Regarding your question about the two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring." As you can imagine I am baffled as to why there are so many people involved yet it is taking a very long time to set up simple emails and a Zoom conference call. It is becoming more than apparent that the more than 1,500 Section 8 voucher holders in this city are not a priority to the people who are paid to administer the program - the SMHA. I have copied all of the SMHAB members/SMCC, the Housing Commission members and chair, James Kemper, and an array of City of Santa Monica staff, as well as several residents regarding the below requests. I am beyond frustrated and dismayed that all I have been provided are empty commitments, stonewalling, and no action. My requests are part of HUD's mandates. You and Mr. Kemper should be fully aware of that fact so I am not asking for anything outlandish, or unorthodox, or even difficult. Please review my requests and information regarding HUD mandates below and kindly provide me with the information that I requested by September 2, 2021. 8/6/2021 email sent to City of SM interim City Manager, John Jalili below: Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two Item 3.I 04/12/22 59 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1102 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: (hyperlink to HUD mandate re: RAB) "Encouraging Participation in the RAB The PHA provides adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on Item 3.I 04/12/22 60 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1103 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five- Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Thanking you in advance for your immediate attention and response to this matter by next Thursday, September 2, 2021. Very truly yours, Theresa H. Marasco (720) 226-4051 Imageremovedby sender.cloudHQ Powered by cloudHQ On Tue, Aug 17, 2021 at 11:18 AM Andy Agle <Andy.Agle@santamonica.gov> wrote: Item 3.I 04/12/22 61 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1104 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website. From: John Jalili <John.Jalili@santamonica.gov> Sent: Friday, August 13, 2021 5:46 PM To: Theresa Marasco <theresa.marasco@gmail.com> Cc: Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Christopher J. Smith <Christopher.J.Smith@santamonica.gov> Subject: RE: Please respond Re: Contact information for RAB appointees Dear Ms. Marasco, You have reached me on a closed Friday and I am not able to reach out to Mr. Kemper and his supervisor, Andy Agle until next week. I have complete confidence in our staff and suggest you continue to work with them to resolve your issues. Thanks. From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Friday, August 13, 2021 4:30 PM To: John Jalili <John.Jalili@santamonica.gov>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET> Cc: Sue Himmelrich <suehimmelrich@suehimmelrich.net>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica. gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica.gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Good afternoon Mr. Jalili: Please provide me with a material response to my email of 8/6/21 (enclosed). When responding to that email on 8/6/21 you did not use "reply all,” which is why I have cut, pasted, and highlighted your insufficient response below: Hello Ms. Marasco: Thank you for alerting me about your concerns. Item 3.I 04/12/22 62 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1105 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) I was not "alerting" you, I was requesting that you provide me with the answers to my requests. My email to you on 8/6/2021 specifically requested that SMHA organize a Zoom meeting for the RAB to be able to meet and communicate with the two individuals who are supposed to represent the RAB on the SMHA Board. The whole reason for the RAB is to give Section 8 voucher holders a voice and to have RAB representatives on the SMHAB who can speak on our behalf during SMHAB meetings. How can the representatives on the SMHAB represent the RAB if the RAB is deprived of the opportunity to contact snd communicate with its own representatives? I realize this is a new concept for the City of SM with regard to giving Section 8 voucher holders a voice even though it has been required by federal regulations for decades. It certainly doesn't take months to give the new appointees and the voucher holders a way to communicate and organize a Zoom meeting for them. I requested that an answer be provided to me by 8/11/2021. Today is 8/13.2021. You are a public official and you have a duty to resolve issues such as the ones I have brought to your attention and requested assistance in resolving. I have asked you for your assistance in resolving this matter because the other public officials such as Mr. Kemper and others who have been copied on my emails, whose job it is to resolve this issue, have not done so as of the writing of this email even though I have requested the same of them. Your position with the City is the Interim City Manager. You are also the Interim Executive Director of the SMHA. You are paid to assist residents in this city with the problems and issues we face. I do not get paid to send endless emails that seem to go nowhere in this city. I have complained about the lack of response by the SMHA and other departments in the city many times but still, no change has come about. This is dysfunctional and unacceptable for the residents. As a resident I should not be put in a position where I have to consider contacting my senator or congressman to resolve a local issue regarding a federal program administered within the City of Santa Monica. I await your material response to my 8/6/21 email. Please provide it at your earliest convenience. Image removed by sender. Very truly yours, Theresa H. Marasco (720) 226-4051 Item 3.I 04/12/22 63 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1106 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Imageremovedby sender. cloudHQ Powered by cloudHQ On Fri, Aug 6, 2021 at 4:00 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Error! Filename not specified. Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to Item 3.I 04/12/22 64 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1107 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: "Encouraging Participation in the RAB The PHA provide adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible Item 3.I 04/12/22 65 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1108 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Please respond by 5 pm on Wednesday, August 11, 2021. I look forward to your reply. Thank you. Very truly yours, Theresa H. Marasco (720) 226-4051 Image removed bysender.cloudHQ Powered by ... [Message clipped] View entire message 9 attachments image001.png 27K image0.jpeg 69K image001.png Item 3.I 04/12/22 66 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1109 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 27K Re: Please respond Re: Contact information for RAB appointees.eml 284K item 14 - Fw: A California Bar complaint is about to be filed against you.eml 34K Cease And Desist - Remove Lobbyists and Adhere to Nepotisim Ban for Commissions NOW.eml 24K Legality of reason to reschedule HC meeting.eml 114K Admin Plan Comment Period Notice to RAB.docx 64K Admin Plan Comment Period Notice to Voucher Holders.docx 63K T From: George S. Cardona <George.Cardona@santamonica.gov> Date: Thu, Sep 23, 2021, 10:59 AM Subject: Response to Your Emails To: theresa.marasco@gmail.com <theresa.marasco@gmail.com>, OZ <zurawska@yahoo.com>, Ann Maggio <annmaggio@gmail.com> Cc: Andy Agle <Andy.Agle@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Denise Anderson- Warren <Denise.Anderson-Warren@santamonica.gov> Ms. Zurawska, Ms. Marasco, and Ms. Maggio: I write in response to your September 14, September 17, September 19, and September 20, 2021 emails, copies of which are attached, and which raise several common issues. Preliminarily, with respect to the makeup of the Santa Monica Housing Authority (“SMHA”) Resident Advisory Board (“RAB”) and Governing Board (“Board”), I note that the SMHA is a public housing agency that has no public housing units, but rather only administers Section 8 assistance. Pursuant to the state Housing Authorities Law (Government Code Sections 34200, et seq.): Item 3.I 04/12/22 67 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1110 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 1. the City Council has appointed itself to serve as the SMHA Board, see Government Code Section 34290(a); 2. the City Council has established a Housing Commission, see Government Code Section 34292; and 3. both because the SMHA does not have tenants (but rather only administers Section 8 assistance) and because the SMHA has a Housing Commission to which tenant appointments are made, the Board is not required to have tenant members, see Government Code Section 34290(b), (c). Pursuant to HUD regulations: 1. the SMHA must have a RAB, whose membership consists of individuals who adequately reflect and represent the residents assisted by the SMHA, see 24 CFR 903.13(a)(1); 2. the SMHA must provide reasonable means for the RAB to become informed on programs covered by the SMHA plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, see 24 CFR 903.13(a)(2); 3. the SMHA must consider the recommendations of the RAB in preparing its final Annual Plan and any significant amendment or modification to the Annual Plan, see 24 CFR 903.13(c); and 4. unless the RAB is notified of the opportunity for residents to serve on the Board and no resident has indicated an interest in serving, the Board must include at least one eligible resident board member, that is, a member who is directly assisted by the SMHA, see 24 CFR 964.410, 415, 425. In compliance with these HUD requirements: The SMHA currently has a RAB consisting of all residents assisted under the SMHA’s Section 8 tenant-based program, that is, all SMHA Housing Choice Voucher (“HCV”) participants. On May 5, 2021, the SMHA sent notices to all SMHA HCV participants advising them of the opportunity to serve on the Board and the process for indicating an interest in serving. Because more than two SMHA HCV participants expressed an interest in serving, on June 29, 2021, a lottery was conducted in public view to select from those who had expressed interest two SMHA HCV participants to serve on the Board. The two SMHA HCV participants selected were: Donna Brown and Elizabeth Cochran. These two Board members and the email addresses at which they can be contacted are included on the Board’s webpage: https://santamonica.gov/housing-hab. It is up to the two Board members to determine for themselves whether/how to respond to any inquiries directed to them. On or about September 17, 2021, the SMHA circulated to all members of the RAB, that is, all SMHA HCV participants, and to all participants in the Continuum of Care and HOME voucher programs, letters advising that SMHA was proposing changes to its Administrative Plan and soliciting comments on those changes. Copies of the letters are attached for your reference. As set forth in the letters, all RAB members, as well as all participants in the Continuum of Care and HOME voucher programs, were advised: 1. the redline draft of the Administrative Plan showing the proposed changes, together with a summary of those changes, are available online at https://www.santamonica.gov/housing-news; 2. comments on the proposed changes can be submitted through October 31, 2021 by mail or by email to smhousing@santamonica.gov; 3. the draft Administrative Plan will be considered at the October 21, 2021 meeting of the Hosing Commission, and subsequently at the December 14 , 2021 meeting of the Board, at both of which public input on the proposed changes may be provided; and 4. the contact information for the two RAB members serving on the Board is listed at https://santamonica.gov/ housing-hab. As these letters indicate, all RAB members, and all Continuum of Care and HOME voucher participants are being provided with opportunities to comment (whether in writing, through public comment at the Housing Commission or Council meetings, or both) on the proposed changes to the SMHA Administrative Plan. Because all HCV participants are members of the RAB and are invited to participate in the Housing Commission meetings where Administrative Plan changes are considered, the meetings provide an opportunity for RAB members to meet with other HCV participants as participating families regarding the Administrative Plan. In addition, in making its recommendations to the SMHA Board regarding the Administrative Plan, the Housing Commission considers written comments as well as oral comments provided by RAB members and other members of the public. Additionally, all written comments submitted by RAB members and other members of the public during the public comment period, as well as the recommendations of the Housing Commission, are provided to the SMHA Board in its consideration of the Administrative Plan. Finally, RAB members, as well as other members of the public, are able to provide oral comments prior to the SMHA Board’s consideration of the Administrative Plan. Item 3.I 04/12/22 68 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1111 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Title 24 CFR Section 578.75 sets out general operational requirements for a Continuum of Care program. In particular, Section 578.75(g)(1), captioned “participation of homeless individuals,” provides as follows: Each recipient and subrecipient must provide for the participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policymaking entity of the recipient or subrecipient, to the extent that such entity considers and makes policies and decisions regarding any project, supportive services, or assistance provided under this part. This requirement is waived if a recipient or subrecipient is unable to meet such requirement and obtains HUD approval for a plan to otherwise consult with homeless or formerly homeless persons when considering and making policies and decisions. The City of Santa Monica requires that at least one member of the Housing Commission be a homeless or formerly homeless individual. This requirement is designed to address the HUD requirement by giving the homeless or formerly homeless individual who is a Commission member an opportunity to participate in all aspects of local affordable housing policy, not solely SMHA matters. City staff has consulted with HUD staff regarding this approach, and HUD staff recommended that the City apply for a waiver to ensure express HUD approval of the City’s approach, which is intended to enable broader participation in housing matters. Accordingly, the City will be applying to HUD for a waiver of the requirement that a homeless or formerly homeless individual be on the SMHA Board, and will provide public notice as to whether or not HUD grants the requested waiver. The Housing Commission conducts its regular meetings at 6:00 pm on the third Thursday of each month. For September, the regular meeting of the Housing Commission was scheduled for Thursday, September 16, 2021. That date, however, was Yom Kippur, which is considered the holiest day on the Jewish calendar and involves fasting, prayer, and repentance. The Housing Commission cancelled its regular meeting on that date, and a special meeting was scheduled one week later, at 6:00 pm September 23, 2021. The Chair and Vice-Chair retain broad discretion with respect to scheduling of Housing Commission meetings. It is not an abuse of that discretion to reschedule a meeting based on concern that one or more commissioners or a segment of the public will be unable to attend because of a particular religious holiday (whether or not that religious holiday is one the City recognizes as an official City holiday). Moreover, while the September 16 meeting would have been a general meeting at which general public input was required by the Brown Act, and the September 23 meeting is a special meeting at which general public input is not required by the Brown Act, a specific agenda item authorizing general public input has been added to the agenda for the September 23 special meeting. On July 27, 2021, under Agenda Item 13L, Council voted to direct staff to return with revisions to Board/Commission/Task Force procedures to include a nepotism policy specifying that a person cannot serve on a city board/commission/task force if that person is a close family member (spouse/partner, siblings, children, or parents) of a seated Councilmember and specifying that this restriction would be effective immediately upon its adoption, rather than permitting a person affected to serve out their existing term. Staff has not yet returned to Council for adoption of the proposed policy, with the result that it is not yet in effect. Accordingly, though Council has clearly expressed its desire that such a nepotism policy be adopted, there is currently no adopted nepotism policy in place that would obligate a commissioner to step down from their position. I have copied Denise Andersen-Warren, who is overseeing the revision of Board/Commission/Task Force procedures, so she is aware of your complaint in this regard. On July 13, 2021, under Agenda Item 13K, Council voted to direct staff to return with a proposed ordinance, similar to that in place in Beverly Hills, that (1) more precisely defines what constitutes a lobbyist/legislative advocate; (2) precludes any individual who in the prior two years has been acting as a lobbyist/legislative advocate from being appointed to a board, commission, or task force; and (3) precludes any member of a board, commission, or task force from simultaneously acting as a lobbyist/legislative advocate. Staff has not yet returned to Council with the requested proposed ordinance. As a result, there is no current ordinance defining precisely what constitutes a lobbyist/legislative advocate, or barring such a lobbyist/legislative advocate from serving on a board, commission, or task force. I have copied Denise Andersen-Warren, who is overseeing the revision of Board/Commission/Task Force procedures, so she is aware of your complaint in this regard. Item 3.I 04/12/22 69 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1112 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) George S. Cardona Interim City Attorney (310) 458-8375 ---------- Forwarded message ---------- From: Theresa Marasco <theresa.marasco@gmail.com> To: Andy Agle <Andy.Agle@santamonica.gov>, Anna Topolewski <Anna.Topolewski@santamonica.gov>, James Kemper <James.Kemper@santamonica.gov>, Oscar de la Torre <Oscar.delaTorre@santamonica.gov>, Christine Parra <Christine.Parra@santamonica.gov>, Phil Brock <Phil.Brock@santamonica.gov>, Kristin McCowan <Kristin.McCowan@santamonica.gov>, Gleam Davis <Gleam.Davis@santamonica.gov>, Lana Negrete <Lana.Negrete@santamonica.gov>, Sue Himmelrich <suehimmelrich@suehimmelrich.net>, Donna Brown <Donna.Brown@santamonica.gov>, Elizabeth Cochran <Elizabeth.Cochran@santamonica.gov>, John Jalili <John.Jalili@santamonica.gov> Cc: "Santa Monica City Manager's Office" <manager.mailbox@smgov.net>, "mike.soloff@mto.com" <mike.soloff@mto.com>, Ann Maggio <annmaggio@gmail.com>, oz <zurawska@yahoo.com>, "CA_Webmanager@hud.gov" <CA_Webmanager@hud.gov>, Richard Hilton <Richard.Hilton@smgov.net>, Josh Hamilton <Josh.Hamilton@santamonica.gov>, Todd Flora <Todd.Flora@santamonica.gov>, "Carl.Hansen@smgov.net" <Carl.Hansen@smgov.net>, Leonora Camner <Leonora.Camner@santamonica.gov>, Rene Buchanan <Rene.Buchanan@santamonica.gov>, "wayne.e.sauseda@hud.gov" <wayne.e.sauseda@hud.gov>, "George S. Cardona" <George.Cardona@santamonica.gov> Bcc: Date: Fri, 17 Sep 2021 23:55:29 +0000 Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Good afternoon John Jalili, Andy Agle, Anna Topolewski, James Kemper, the Santa Monica Housing Authority Board, and RAB Representatives: As you all know, I have been actively trying to communicate and engage with the newly appointed RAB representatives since July 7, 2021, which was one week after the RAB representatives were appointed, in an effort to ensure that the RAB representatives give ALL Housing Choice Voucher (HCV) holders a voice in the drafting of revisions to the Annual and Administrative Plan (AP) process. As of today, September 17, 2021, more than 3 months since I first contacted you all about engaging with the RAB representatives, I have not been able to communicate with either Donna Brown or Elizabeth Cochran, who are the current RAB representatives. The Santa Monica Housing Authority (SMHA) barely contacted me two weeks ago with the email addresses of the RAB representatives, Elizabeth Cochran and Donna Brown even though they were appointed on June 29, 2021. Since receiving the RAB representative email addresses, I have copied them on the emails that I sent to everyone addressed in this email requesting that the SMHA and the Santa Monica Housing Authority Board (SMHAB} set up a Zoom meeting for the RAB to give all RAB members/HCV a chance to discuss the draft AP. Additionally, I have tried contacting each of the RAB representatives by email but they have been unresponsive as of the writing of this email. To date, NONE of you have ever responded to my request to schedule a Zoom meeting and to notify all HCV holders about the meeting so everyone has a chance to ACTUALLY participate in a meaningful way and as is designed by HUD. Even though a RAB has always been required per HUD regulations, the SMHA and the SMHAB have failed to meet this requirement since the time that the City of Santa Monica created a Housing Authority. If it had not been for the diligence and hard work of Olga Zurawska over the last two years to force the hand Item 3.I 04/12/22 70 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1113 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) of the SMHA and the SMHAB to create the RAB, it would have never been done. As pointed out in the email I received today from the SMHA regarding the comment period for the draft Administrative Plan, the SMHA officially, for the first time ever, notified HCV holders in March of this year that HCV holders are "automatically" RAB members. The fact is, any resident of Santa Monica has the opportunity to attempt to participate in the drafting of the AP by submitting public comment. However, without having an official functional RAB, that is comprised solely of HCV holders to discuss and carry forward the policy reccomendations for the draft of the AP, it has been pointless to submit comments. It is a well-known fact that the SMHA and SMHAB never take any of the public comments into consideration. The comment period literally only serves as something the SMHA and SMHAB check off of their list as a requirement you all complied with. At the 4/27/21 SMHAB meeting James Kemper confirmed that the SMHAB’s role is merely to rubber stamp the AP that SMHA staff puts before them. Today is the first day of the 45 day comment period regarding the Annual and Administrative Plans. Again, I am requesting a Zoom meeting be scheduled with the newly appointed RAB representatives and that ALL RAB members be notified. I am also requesting the SMHA and/or the SMHAB contact Elizabeth Cochran and Donna Brown to notify them that I am trying to contact them. Their sole purpose is to represent the recommendations of the entire RAB/ALL RAB members. Additionally, It should be noted that RAB's have more function than to just review and agree or disagree with the SMHA's "redlined" revisions of the annual draft AP. RAB's can make policy change recommendations on any part of the more than 600 pages of the AP's. Below are the statements that were made in the email sent to me today from the SMHA regarding the comment period for the draft revisions of the AP: "SMHA has proposed changes to its Administrative Plan, and the public comment period is open for feedback on those changes. As a member of the RAB, we welcome your thoughts on the proposed policy changes. What’s Needed at This Time: If you’d like to participate in the Administrative Plan process, please review the proposed policy revisions redlined in Chapters 17, 19, and 21 of the Administrative Plan, which is currently posted for public comment. Please provide your input by October 31, 2021. " Per HUD's regulations, RAB's can submit their own recommendations for policy revisions to the AP that are allowable, and are in compliance with HUD regulations (CFR Title 24) for the SMHA and SMHAB to take into consideration each year. Therefore, the statements made in the email sent to all RAB members are incorrect and misleading and is even more reason why the RAB needs to be an official board with Bylaws, its own elections, and the ability to meet regularly throughout the year to discuss possible revisions to be submitted annually. The RAB is not to be influenced or controlled by either the SMHA or the SMHAB and should serve as a completely separate body to make recommendations for policy changes to the AP. SEE CFR Title 24 Section 903.13 below: § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone Item 3.I 04/12/22 71 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1114 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. It is also the role of the SMHA to provide adequate training and outreach activities to ensure participation of the RAB members and how to make AP recommendations that comply with HUD regulations and guidelines. The SMHA and the SMHAB have not conducted the outreach or training and have not disseminated any materials to assist the RAB Representatives and members. The SMHA and SMHAB have long held a closed-loop system subverting the voices of the population you all serve. The actions of the SMHA and the SMHAB could be considered non-compliance with the HUD contract and even discrimination. I suggest that the SMHA and the SMHAB begin to review HUD regulations regarding RAB's and Resident Councils (RC's) to ensure you are in compliance with the HUD contract, HUD regulations, and guidelines to avoid complaints being submitted to HUD and possibly a "finding" by HUD that "Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan." I look forward to a complete response by one of the parties addressed in this email immediately. Please schedule the Zoom meeting for the RAB no later than next week and at a time that would be feasible for ALL RAB members to attend if they wish to participate. After the Item 3.I 04/12/22 72 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1115 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) first meeting, the RAB representatives and members can agree on the scheduling of future meetings without assistance from the SMHA and the SMHAB. Thanking you in advance for your immediate a en on and response in this ma er. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Thu, Sep 9, 2021 at 5:02 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Good afternoon Andy Agle, Anna Topolewski, James Kemper, and John Jalili: Thank you Ann Topolewski for responding to the email that I sent to Andy Agle on August 26, 2021. I requested that Andy Agle respond no later than September 2, 2021. However, the response you sent to me on August 30, 2021, on behalf of Andy Agle, only provided me with the contact information for the newly appointed RAB members but you did not address the entirety of my request. Andy Agle, Anna Topolewski, James Kemper, and John Jalili, beginning on August 6, 2021, I specifically requested the following: "...I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting." I have made this request several times yet NONE of you have ever responded to it. The fact that you all wield so much power to simply ignore the requests from subsidized tenants, requests that are a part of your mandates per your HUD contracts and HUD regulations, is very troubling. You are all paid a very handsome salary, with above average benefits, including a four day work week, so I do not understand why something so simple such as setting up a Zoom meeting with the RAB, to begin the process of discussing the proposed changes of the Annual and Administrative plans, and notifying all the Section 8 tenants about the meeting and providing them with a link to participate is so difficult. September 16, 2021 is when the RAB/SMHAB will begin discussions about the above mentioned proposed changes. Please immediately schedule the requested Zoom meeting. Kindly schedule it at a time that will be convenient for the majority of Section 8 tenants to participate, preferably in the evening, and please notify ALL Section 8 tenants about the meeting, and encourage them to participate. Again, the HUD guidelines below that I have included in my previous emails that mandates the SMHA and the SMHAB, comply with my request: "PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. Item 3.I 04/12/22 73 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1116 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate." I have copied the newly appointed RAB/HAB members, Donna Brown and Elizabeth Cochran on this email thread so they may review the requests made, and the responses provided by the various City of SMHA staff, and the interim City Manager, John Jalili. Thanking you in advance for your immediate attention and resolution to this matter. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Mon, Aug 30, 2021, 3:40 PM Anna Topolewski <Anna.Topolewski@santamonica.gov> wrote: Hi Theresa, You can find information about the Housing Authority Board(HAB) members on the Housing Authority News & Notices page (link below). The most recent notice provides a link to the new HAB webpage. https://www.santamonica.gov/housing-news Best, Anna Topolewski Senior Administrative Analyst Santa Monica Housing Authority Office: 310-458-8743 ext 2646 | Fax: 310-264-7757 Item 3.I 04/12/22 74 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1117 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Thursday, August 26, 2021 4:44 PM To: Andy Agle <Andy.Agle@santamonica.gov> Cc: Christopher J. Smith <Christopher.J.Smith@santamonica.gov>; Setareh Yavari <Setareh.Yavari@santamonica. gov>; Denise Anderson-Warren <Denise.Anderson-Warren@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica. gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich. net>; John Jalili <John.Jalili@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Image removed by sender. Good afternoon Andy Agle: On August 17, 2021, you sent me an email in response to the email that I sent to City of SM interim City Manager, John Jalili, on August 6, 2021. I have copied and pasted the email I sent to John Jalili below and is highlighted in yellow. As you know and upon review of the copied and pasted email below to John Jalili, I have been requesting the contact information for the newly appointed RAB/HAB members, as well as a Zoom meeting that will allow all Section 8 voucher holders to participate in the first, official meeting with the newly appointed RAB/HAB members. On Tuesday, August 17, 2021, 9 days ago, your response to me was the following: "Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website." Item 3.I 04/12/22 75 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1118 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) I sent an email to James Kemper on Wednesday, July 7, 2021 requesting contact information for the newly appointed RAB/HAB members. Mr. Kemper responded the same day stating the following: "Regarding your question about the two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring." As you can imagine I am baffled as to why there are so many people involved yet it is taking a very long time to set up simple emails and a Zoom conference call. It is becoming more than apparent that the more than 1,500 Section 8 voucher holders in this city are not a priority to the people who are paid to administer the program - the SMHA. I have copied all of the SMHAB members/SMCC, the Housing Commission members and chair, James Kemper, and an array of City of Santa Monica staff, as well as several residents regarding the below requests. I am beyond frustrated and dismayed that all I have been provided are empty commitments, stonewalling, and no action. My requests are part of HUD's mandates. You and Mr. Kemper should be fully aware of that fact so I am not asking for anything outlandish, or unorthodox, or even difficult. Please review my requests and information regarding HUD mandates below and kindly provide me with the information that I requested by September 2, 2021. 8/6/2021 email sent to City of SM interim City Manager, John Jalili below: Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a Item 3.I 04/12/22 76 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1119 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: (hyperlink to HUD mandate re: RAB) "Encouraging Participation in the RAB The PHA provides adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. Item 3.I 04/12/22 77 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1120 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five- Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Thanking you in ad EXTERNAL Good afternoon John Jalili, Andy Agle, Anna Topolewski, James Kemper, the Santa Monica Housing Authority Board, and RAB Representatives: As you all know, I have been actively trying to communicate and engage with the newly appointed RAB representatives since July 7, 2021, which was one week after the RAB representatives were appointed, in an effort to ensure that the RAB representatives give ALL Housing Choice Voucher (HCV) holders a voice in the drafting of revisions to the Annual and Administrative Plan (AP) process. As of today, September 17, 2021, more than 3 months since I first contacted you all about engaging with the RAB representatives, I have not been able to communicate with either Donna Brown or Elizabeth Cochran, who are the current RAB representatives. The Santa Monica Housing Authority (SMHA) barely contacted me two weeks ago with the email addresses of the RAB representatives, Elizabeth Cochran and Donna Brown even though they were appointed on June 29, 2021. Item 3.I 04/12/22 78 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1121 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Since receiving the RAB representative email addresses, I have copied them on the emails that I sent to everyone addressed in this email requesting that the SMHA and the Santa Monica Housing Authority Board (SMHAB} set up a Zoom meeting for the RAB to give all RAB members/HCV a chance to discuss the draft AP. Additionally, I have tried contacting each of the RAB representatives by email but they have been unresponsive as of the writing of this email. To date, NONE of you have ever responded to my request to schedule a Zoom meeting and to notify all HCV holders about the meeting so everyone has a chance to ACTUALLY participate in a meaningful way and as is designed by HUD. Even though a RAB has always been required per HUD regulations, the SMHA and the SMHAB have failed to meet this requirement since the time that the City of Santa Monica created a Housing Authority. If it had not been for the diligence and hard work of Olga Zurawska over the last two years to force the hand of the SMHA and the SMHAB to create the RAB, it would have never been done. As pointed out in the email I received today from the SMHA regarding the comment period for the draft Administrative Plan, the SMHA officially, for the first time ever, notified HCV holders in March of this year that HCV holders are "automatically" RAB members. The fact is, any resident of Santa Monica has the opportunity to attempt to participate in the drafting of the AP by submitting public comment. However, without having an official functional RAB, that is comprised solely of HCV holders to discuss and carry forward the policy reccomendations for the draft of the AP, it has been pointless to submit comments. It is a well-known fact that the SMHA and SMHAB never take any of the public comments into consideration. The comment period literally only serves as something the SMHA and SMHAB check off of their list as a requirement you all complied with. At the 4/27/21 SMHAB meeting James Kemper confirmed that the SMHAB’s role is merely to rubber stamp the AP that SMHA staff puts before them. Today is the first day of the 45 day comment period regarding the Annual and Administrative Plans. Again, I am requesting a Zoom meeting be scheduled with the newly appointed RAB representatives and that ALL RAB members be notified. I am also requesting the SMHA and/or the SMHAB contact Elizabeth Cochran and Donna Brown to notify them that I am trying to contact them. Their sole purpose is to represent the recommendations of the entire RAB/ALL RAB members. Additionally, It should be noted that RAB's have more function than to just review and agree or disagree with the SMHA's "redlined" revisions of the annual draft AP. RAB's can make policy change recommendations on any part of the more than 600 pages of the AP's. Below are the statements that were made in the email sent to me today from the SMHA regarding the comment period for the draft revisions of the AP: "SMHA has proposed changes to its Administrative Plan, and the public comment period is open for feedback on those changes. As a member of the RAB, we welcome your thoughts on the proposed policy changes. What’s Needed at This Time: If you’d like to participate in the Administrative Plan process, please review the proposed policy revisions redlined in Chapters 17, 19, and 21 of the Administrative Plan, which is currently posted for public comment. Please provide your input by October 31, 2021. " Per HUD's regulations, RAB's can submit their own recommendations for policy revisions to the AP that are allowable, and are in compliance with HUD regulations (CFR Title 24) for the SMHA and SMHAB to take into consideration each year. Therefore, the statements made in the email sent to all RAB members are incorrect and misleading and is even more reason why the RAB needs to be an official board with Bylaws, its own elections, and the ability to meet regularly throughout the year to discuss possible revisions to be submitted annually. The RAB is not to be influenced or controlled by either the SMHA or the SMHAB and should serve as a completely separate body to make recommendations for policy changes to the AP. SEE CFR Title 24 Section 903.13 below: Item 3.I 04/12/22 79 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1122 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan? (a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA. (1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan. (2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section. (1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives. (3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation. (4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. It is also the role of the SMHA to provide adequate training and outreach activities to ensure participation of the RAB members and how to make AP recommendations that comply with HUD regulations and guidelines. The SMHA and the SMHAB have not conducted the outreach or training and have not disseminated any materials to assist the RAB Representatives and members. Item 3.I 04/12/22 80 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1123 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) The SMHA and SMHAB have long held a closed-loop system subverting the voices of the population you all serve. The actions of the SMHA and the SMHAB could be considered non-compliance with the HUD contract and even discrimination. I suggest that the SMHA and the SMHAB begin to review HUD regulations regarding RAB's and Resident Councils (RC's) to ensure you are in compliance with the HUD contract, HUD regulations, and guidelines to avoid complaints being submitted to HUD and possibly a "finding" by HUD that "Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan." I look forward to a complete response by one of the parties addressed in this email immediately. Please schedule the Zoom meeting for the RAB no later than next week and at a time that would be feasible for ALL RAB members to attend if they wish to participate. After the first meeting, the RAB representatives and members can agree on the scheduling of future meetings without assistance from the SMHA and the SMHAB. Thanking you in advance for your immediate a en on and response in this ma er. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Thu, Sep 9, 2021 at 5:02 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Good afternoon Andy Agle, Anna Topolewski, James Kemper, and John Jalili: Thank you Ann Topolewski for responding to the email that I sent to Andy Agle on August 26, 2021. I requested that Andy Agle respond no later than September 2, 2021. However, the response you sent to me on August 30, 2021, on behalf of Andy Agle, only provided me with the contact information for the newly appointed RAB members but you did not address the entirety of my request. Andy Agle, Anna Topolewski, James Kemper, and John Jalili, beginning on August 6, 2021, I specifically requested the following: "...I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting." I have made this request several times yet NONE of you have ever responded to it. The fact that you all wield so much power to simply ignore the requests from subsidized tenants, requests that are a part of your mandates per your HUD contracts and HUD regulations, is very troubling. You are all paid a very handsome salary, with above average benefits, including a four day work week, so I do not understand why something so simple such as setting up a Zoom meeting with the RAB, to begin the process of discussing the proposed changes of the Annual and Administrative plans, and notifying all the Section 8 tenants about the meeting and providing them with a link to participate is so difficult. September 16, 2021 is when the RAB/SMHAB will begin discussions about the above mentioned proposed changes. Please immediately schedule the requested Zoom meeting. Kindly schedule it at a time that will be convenient for the majority of Section 8 tenants to participate, preferably in the evening, and please notify ALL Section 8 tenants about the meeting, and encourage them to participate. Item 3.I 04/12/22 81 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1124 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Again, the HUD guidelines below that I have included in my previous emails that mandates the SMHA and the SMHAB, comply with my request: "PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate." I have copied the newly appointed RAB/HAB members, Donna Brown and Elizabeth Cochran on this email thread so they may review the requests made, and the responses provided by the various City of SMHA staff, and the interim City Manager, John Jalili. Thanking you in advance for your immediate attention and resolution to this matter. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ On Mon, Aug 30, 2021, 3:40 PM Anna Topolewski <Anna.Topolewski@santamonica.gov> wrote: Hi Theresa, You can find information about the Housing Authority Board(HAB) members on the Housing Authority News & Notices page (link below). The most recent notice provides a link to the new HAB webpage. https://www.santamonica.gov/housing-news Item 3.I 04/12/22 82 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1125 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Best, Anna Topolewski Senior Administrative Analyst Santa Monica Housing Authority Office: 310-458-8743 ext 2646 | Fax: 310-264-7757 From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Thursday, August 26, 2021 4:44 PM To: Andy Agle <Andy.Agle@santamonica.gov> Cc: Christopher J. Smith <Christopher.J.Smith@santamonica.gov>; Setareh Yavari <Setareh.Yavari@santamonica. gov>; Denise Anderson-Warren <Denise.Anderson-Warren@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica. gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich. net>; John Jalili <John.Jalili@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees EXTERNAL Image removed by sender. Good afternoon Andy Agle: On August 17, 2021, you sent me an email in response to the email that I sent to City of SM interim City Manager, John Jalili, on August 6, 2021. I have copied and pasted the email I sent to John Jalili below and is highlighted in yellow. As you know and upon review of the copied and pasted email below to John Jalili, I have been requesting the contact information for the newly appointed RAB/HAB members, as well as a Zoom meeting that will allow all Section 8 voucher holders to participate in the first, official meeting with the newly appointed RAB/HAB members. Item 3.I 04/12/22 83 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1126 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On Tuesday, August 17, 2021, 9 days ago, your response to me was the following: "Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website." I sent an email to James Kemper on Wednesday, July 7, 2021 requesting contact information for the newly appointed RAB/HAB members. Mr. Kemper responded the same day stating the following: "Regarding your question about the two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring." As you can imagine I am baffled as to why there are so many people involved yet it is taking a very long time to set up simple emails and a Zoom conference call. It is becoming more than apparent that the more than 1,500 Section 8 voucher holders in this city are not a priority to the people who are paid to administer the program - the SMHA. I have copied all of the SMHAB members/SMCC, the Housing Commission members and chair, James Kemper, and an array of City of Santa Monica staff, as well as several residents regarding the below requests. I am beyond frustrated and dismayed that all I have been provided are empty commitments, stonewalling, and no action. My requests are part of HUD's mandates. You and Mr. Kemper should be fully aware of that fact so I am not asking for anything outlandish, or unorthodox, or even difficult. Please review my requests and information regarding HUD mandates below and kindly provide me with the information that I requested by September 2, 2021. 8/6/2021 email sent to City of SM interim City Manager, John Jalili below: Item 3.I 04/12/22 84 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1127 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: (hyperlink to HUD mandate re: RAB) "Encouraging Participation in the RAB The PHA provides adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as Item 3.I 04/12/22 85 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1128 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with adequate information regarding the PHA's programs and the policies included in the Five- Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Thanking you in advance for your immediate attention and response to this matter by next Thursday, September 2, 2021. Very truly yours, Item 3.I 04/12/22 86 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1129 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) Theresa H. Marasco (720) 226-4051 Image removed bysender.cloudHQ Powered by cloudHQ On Tue, Aug 17, 2021 at 11:18 AM Andy Agle <Andy.Agle@santamonica.gov> wrote: Staff has asked the Information Services Department to create City email addresses for the new HAB members. Once the addresses are established and the new members have been given instructions on accessing the email, their contact information will be posted on the City website. From: John Jalili <John.Jalili@santamonica.gov> Sent: Friday, August 13, 2021 5:46 PM To: Theresa Marasco <theresa.marasco@gmail.com> Cc: Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Christopher J. Smith <Christopher.J.Smith@santamonica.gov> Subject: RE: Please respond Re: Contact information for RAB appointees Dear Ms. Marasco, You have reached me on a closed Friday and I am not able to reach out to Mr. Kemper and his supervisor, Andy Agle until next week. I have complete confidence in our staff and suggest you continue to work with them to resolve your issues. Thanks. From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Friday, August 13, 2021 4:30 PM To: John Jalili <John.Jalili@santamonica.gov>; Santa Monica City Manager's Office <manager.mailbox@SMGOV.NET> Cc: Sue Himmelrich <suehimmelrich@suehimmelrich.net>; mike.soloff@mto.com; Andy Agle <Andy.Agle@santamonica.gov>; James Kemper <James.Kemper@santamonica.gov>; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica. gov>; CA_Webmanager@hud.gov; Kristin McCowan <Kristin.McCowan@SMGOV.NET>; Christine Parra <Christine.Parra@SMGOV.NET>; Oscar de la Torre <Oscar.delaTorre@SMGOV.NET>; Phil Brock <Phil.Brock@SMGOV.NET>; Gleam Davis <Gleam.Davis@SMGOV.NET>; Lana Negrete <Lana.Negrete@SMGOV.NET>; Richard Hilton <Richard.Hilton@SMGOV.NET>; Josh Hamilton <Josh.Hamilton@santamonica.gov>; Todd Flora <Todd.Flora@santamonica.gov>; Carl.Hansen@smgov.net; Leonora Camner <Leonora.Camner@santamonica.gov>; Rene Buchanan <Rene.Buchanan@santamonica.gov> Subject: Re: Please respond Re: Contact information for RAB appointees Item 3.I 04/12/22 87 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1130 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) EXTERNAL Good afternoon Mr. Jalili: Please provide me with a material response to my email of 8/6/21 (enclosed). When responding to that email on 8/6/21 you did not use "reply all,” which is why I have cut, pasted, and highlighted your insufficient response below: Hello Ms. Marasco: Thank you for alerting me about your concerns. I was not "alerting" you, I was requesting that you provide me with the answers to my requests. My email to you on 8/6/2021 specifically requested that SMHA organize a Zoom meeting for the RAB to be able to meet and communicate with the two individuals who are supposed to represent the RAB on the SMHA Board. The whole reason for the RAB is to give Section 8 voucher holders a voice and to have RAB representatives on the SMHAB who can speak on our behalf during SMHAB meetings. How can the representatives on the SMHAB represent the RAB if the RAB is deprived of the opportunity to contact snd communicate with its own representatives? I realize this is a new concept for the City of SM with regard to giving Section 8 voucher holders a voice even though it has been required by federal regulations for decades. It certainly doesn't take months to give the new appointees and the voucher holders a way to communicate and organize a Zoom meeting for them. I requested that an answer be provided to me by 8/11/2021. Today is 8/13.2021. You are a public official and you have a duty to resolve issues such as the ones I have brought to your attention and requested assistance in resolving. I have asked you for your assistance in resolving this matter because the other public officials such as Mr. Kemper and others who have been copied on my emails, whose job it is to resolve this issue, have not done so as of the writing of this email even though I have requested the same of them. Your position with the City is the Interim City Manager. You are also the Interim Executive Director of the SMHA. You are paid to assist residents in this city with the problems and issues we face. I do not get paid to send endless emails that seem to go nowhere in this city. I have complained about the lack of response by the SMHA and other departments in the city many times but still, no change has come about. This is dysfunctional and unacceptable for the residents. As a resident I should not be put in a position where I have to consider contacting my senator or Item 3.I 04/12/22 88 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1131 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) congressman to resolve a local issue regarding a federal program administered within the City of Santa Monica. I await your material response to my 8/6/21 email. Please provide it at your earliest convenience. Image removed by sender. Very truly yours, Theresa H. Marasco (720) 226-4051 Image removedbysender. cloudHQ Powered by cloudHQ On Fri, Aug 6, 2021 at 4:00 PM Theresa Marasco <theresa.marasco@gmail.com> wrote: Error! Filename not specified. Good afternoon John Jalili: I am writing to you in your position as the Interim Executive Director of the Santa Monica Housing Authority since Housing Program Manager James Kemper has not resolved this issue as the writing of this email. I sent emails to James Kemper on July 2nd and July 7th regarding contact information for the Section 8 tenants representing the Resident Advisory Board (RAB) on the Santa Monica Housing Authority Board who were appointed through a lottery administered by Mr. Kemper on June 29, 2021. Mr. Kemper's response to me on July 7th was "staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members." I have no idea what "logistics" the SMHA needs to work out in order to be able to notify the approximately 1,500 RAB members how they can contact the two individuals who are now representing them on the Santa Monica Housing Authority Board. The two people selected via the lottery are public officials now who volunteered and their names and contact info must be disclosed to the community they are supposed to represent, which is the RAB, and the general Item 3.I 04/12/22 89 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1132 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) public. For five weeks now the identity and contact information of the RAB representatives appointed to the Santa Monica Housing Authority Board via a lottery have been kept secret from the very community those individuals are supposed to represent. Again, those individuals volunteered to become public officials. Their names must be disclosed to the general public as well, and the RAB must be able to communicate with them immediately. Therefore, I am calling for a Zoom meeting with the newly appointed RAB representatives to be scheduled as soon as conveniently possible and at least 30 days before the Administrative Plan is to be discussed by the Housing Authority Board. I am requesting that the SMHA provide the information about the Zoom meeting to all of the RAB members and/or Section 8 voucher holders once it is scheduled so everyone can have an opportunity to attend the meeting. The SMHA is required per HUD regulations to provide to the RAB the "space" to hold meetings. Due to Covid-19, I request that a Zoom meeting be arranged for with the possibility to listen in and participate on the phone for those who do not have access to the Internet. It is the PHA's responsibility to facilitate the communication among RAB members in order for the RAB to be able to effectively discuss and provide feedback regarding the Administrative Plan. Additionally, since it is the first year the newly formed RAB has included all Section 8 tenants, the RAB must be given an opportunity to communicate in order to organize, e.g. come up with its bylaws, etc. Please see excerpts from HUD below: "Encouraging Participation in the RAB The PHA provide adequate information to all residents regarding the RAB. The PHA should inform residents of the purpose and role of the RAB, as well as practical information such as the time commitment required. The PHA should make clear to residents and Section 8 participants that the partnership between the residents and the PHA is of benefit to both parties. The residents are provided with an opportunity to voice their concerns so that their needs are addressed and they can become involved in the planning process. The PHA also gains essential information from the residents about the improvements that need to be made at the agency's developments and residents' self-sufficiency needs. This information helps the PHA to set priorities for capital improvements and advises resident services programming. PHA's Responsibility to the RAB What are the PHAs' Responsibilities? PHAs have the responsibility to ensure that the RAB can adequately serve its function including: PHAs must give the RABs sufficient time to review and make recommendations on the Plan. RABs will be able to contribute best if they are provided with Item 3.I 04/12/22 90 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1133 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) adequate information regarding the PHA's programs and the policies included in the Five-Year and Annual PHA Plan. The PHAs should give RABs advance notice of meetings scheduled to discuss areas of the Plan (generally, at least 48 hours, or more depending on the meeting agenda). RABs should also be provided with any existing documents that would assist them to make productive recommendations during the working meetings. PHAs should provide the RABs with reasonable means to carry out their functions such as making available a meeting place for discussing programs with the residents. RABs should also have access to any other communication tools such as a telephone, writing material, or computers that may facilitate their contacts with other resident households or to obtain further information on the programs. At what stage in the planning process must PHAs involve the RABs? The role of the RABs is to assist and make recommendations regarding the development of the PHA Plan and any significant amendments or modifications to it. RABs should be involved in the planning process as soon as it is feasible and must be given sufficient time to fully participate in the process so that they can carry out their proper role and provide representation that is meaningful and relevant to the development of the Plan. The PHA and the RAB should develop a reasonable timetable to promote participation, including adequate notice of meetings. To facilitate productive meetings, PHAs may do preliminary work prior to involving the RABs, such as gathering and compiling data and materials to help residents participate in the process, including some initial recommendations. A PHA must consider the recommendations of the RABs and make revisions to drafts or to the Plan which it deems appropriate. Please respond by 5 pm on Wednesday, August 11, 2021. I look forward to your reply. Thank you. Very truly yours, Theresa H. Marasco (720) 226-4051 Imageremovedby sender. cloudHQ Powered by cloudHQ Item 3.I 04/12/22 91 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1134 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) On Wed, Jul 7, 2021 at 1:38 PM James Kemper <James.Kemper@santamonica.gov> wrote: Good Afternoon Miss Marasco, City offices were closed on Friday, when you sent your original email, as well as Monday, for the holiday. Regarding your question about he two tenant representatives appointed to the Housing Authority Board via lottery on June 29th, staff is still working out the logistics regarding the recent appointment of the two new Housing Authority Board members. We would appreciate your patience during this time. I also wanted to note for your clarification that the Housing Authority Annual and Administrative Plans cycle occur in the winter/spring. Jim Kemper (he/him) Housing Program Manager 310-434-2647 santamonica.gov Facebook | Twitter | Instagram Subscribe to City of Santa Monica Email Updates From: Theresa Marasco <theresa.marasco@gmail.com> Sent: Wednesday, July 7, 2021 8:27 AM To: James Kemper <James.Kemper@santamonica.gov> Cc: Andy Agle <Andy.Agle@santamonica.gov>; mike.soloff@mto.com; Ann Maggio <annmaggio@gmail.com>; oz <zurawska@yahoo.com>; Anna Topolewski <Anna.Topolewski@santamonica.gov>; Sue Himmelrich <suehimmelrich@suehimmelrich.net> Subject: Please respond Re: Contact information for RAB appointees EXTERNAL Good morning James Kemper: Item 3.I 04/12/22 92 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1135 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) I sent you the below email last week but you did not respond. It is upsetting and disturbing that the Housing Division/Santa Monica Housing Authority does not feel they are obligated to respond to my emails. Ms. Topolewski completely ignores my emails and she is the supervisor. As a client and a longtime voucher holder I find this to be very problematic and is the reason a RAB should have been in place 20 years ago. Section 8 voucher holders need representation and someone to go to when those who get paid fail to respond to important questions or concerns. With that being said, please see the email I sent last week below and respond - it only takes a minute. I am a Section 8 voucher holder. I submitted my name for the RAB lottery, but unfortunately, my name was not chosen. However, I am still interested in being actively involved, and everyone who is a RAB member, who wants to be involved, should have the ability to do so. With that being said, I would like to know how to contact the newly chosen RAB appointees. Will they be given official email addresses for RAB members to contact them and will that information be provided to all Section 8 voucher holders? We are coming up on a new cycle to provide input on the Annual and Administrative Plans for the SMHA. There are several of us RAB members that want to work directly with the appointees. Please advise upon receipt of this email as to how I can contact the new RAB appointees. Thank you. Image removed by sender. Very truly yours, Theresa H. Marasco (720) 226-4051 EXTERNAL Please see the enclosed email of 9/13/2021. Again, I request that Continuum of Care (CoC) representation be immediately established on the Santa Monica Housing Authority Board as mandated by 24 CFR 578.75(g)(1). There are CoC program participants ready to volunteer to serve on the SMHA Board. Item 3.I 04/12/22 93 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1136 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) SMHA's refusal to follow the federal law in this case is reminiscent of their refusal to establish the federally mandated representation of Section 8 tenants on the SMHA Board. It took me almost two years to force the SMHA to finally comply with the federal law: https://www.smobserved.com/story/2020/10/12/opinion/ liberal-city-of-santa-monica-disenfranchises-section-8-tenants/4959.html In a city with two practicing attorneys on the City Council/Housing Authority Board, and where slogans of "equity" and "inclusion" are constantly being thrown around, this is unacceptable. Unless the equity and inclusion is meant only for people who are NOT low-income or formerly homeless? Ms. Sue Himmelrich, Mayor of Santa Monica and Chair of the SMHA Board, who apparently works for the Western Center on Law & Poverty, should be embarrassed. WCLP Executive Director and staff are copied on this email – perhaps it will be helpful in their policy work. Regards, Olga Zurawska ----- Forwarded Message ----- From: OZ <zurawska@yahoo.com> To: Sue Himmelrich <sue.himmelrich@santamonica.gov>; gleam.davis@santamonica.gov <gleam.davis@santamonica.gov>; George S. Cardona <george.cardona@santamonica.gov> Cc: Kristin McCowan <kristin.mccowan@santamonica.gov>; Phil Brock <phil.brock@santamonica.gov>; oscar.delarorre <oscar.delatorre@santamonica.gov>; Christine Parra <christine.parra@santamonica.gov>; Lana Negrete <lana.negrete@santamonica.gov>; John Jalili <john.jalili@santamonica.gov>; James Kemper <james.kemper@santamonica.gov>; Anna Topolewski <anna.topolewski@santamonica.gov>; Michael Soloff <mike.soloff@mto.com>; Josh Hamilton <josh.hamilton@santamonica.gov>; Todd Flora <todd.flora@santamonica.gov>; Carl Hansen <carl.hansen@smgov.net>; richard.hilton@smgov.net <richard.hilton@smgov.net>; Leonora Camner <leonora.camner@santamonica.gov>; Rene Buchanan <rene.buchanan@santamonica.gov>; clara@smdp.com <clara@smdp.com>; Jorge Casuso <jcasuso@santamonicalookout.com>; Santa Monica Observer <smobserved@gmail.com>; eward@scpr.org <eward@scpr.org>; Catanzaro Sam <sam@mirrormediagroupla.com> Sent: Monday, September 13, 2021, 03:25:03 PM PDT Subject: A California Bar complaint is about to be filed against you Santa Monica Housing Authority Board Chair Himmelrich, Santa Monica Housing Authority Board Member Davis and Interim City Attorney Cardona, Please be advised that a California State Bar complaint will be filed against each of you if you continue allowing the violation of 24 CFR 578.75(g)(1) in Santa Monica. The above HUD regulation mandates Continuum of Care (CoC) representation on the policymaking entity of the recipient or subrecipient of CoC funding, i.e. the Santa Monica Housing Authority Board. You have been on notice of the lack of the mandatory CoC representation on the SMHA Board for over a year now, but have neglected to take any steps to remedy the violation. Such willful negligence is unethical, and therefore unacceptable of city officials and licensed attorneys. It is also in stark contrast to your stated commitment to advancing equity and inclusion in Santa Monica. I request to be notified by 5pm on September 17, 2021 that steps are being taken to establish the federally mandated CoC representation in time for the SMHA Board's consideration of the next Item 3.I 04/12/22 94 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1137 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) SMHA Administrative Plan. Regards, Olga Zurawska Sent from Mailspring EXTERNAL Dear Santa Monica Interim City Manager Jalili, Interim City Attorney Cardona, Mayor Himmelrich, City Council Representatives, Housing Commission Chair Buchanan and Housing Commissioner Hamilton, The City Council voted to ban lobbyists from appointed positions on 7/13/21. On 7/27/21 the City Council voted to ban nepotism, effective immediately, for appointees to our city government comittees, commissions, and task forces. The spirit of these actions were intended to eliminate service by potential opportunists and/or those otherwise favored by Council from representing Santa Monicans and our City. Two months have passed and members that fall under the bans are still seated. This letter asks that the City Cease and Desist from engaging in practices that violate the will of the City Council. It is unacceptable for City leadership to turn a blind eye to righteous policy as interpreted and understood by the people of Santa Monica. The City must immediately remove appointees who no longer meet the city criteria for these appointments. The City Council was supposed to have voted on new appointments to commission/boards/task forces by June 30th. Six City Council meetings later and still the Mayor and City Manager have failed to make an agenda that includes appointments for many vacant seats. It is neither appropriate nor acceptable for so much inaction for such a lenthy period of time and it gives the appearance that the prolonged delay continues in order facilitate recruitment opportunities by elected officials and/or appointed members. Therefore, Mayor Himmelrich and City Manager Jalili, I respectfully ask that you call a Special Meeting of the City Council and complete these appointments without delay. Should this not happen, I'll be asking my representatives to add two ITEM 13's to the next Council agenda. One Item would be to vote on a motion that would send a letter to those seated who no longer fit the council criteria for service, respectfully asking that they immediately resign from their posts. The other Item would be a request for council to swiftly establish a timely deadline to bring appointments to the Council Agenda so these bodies with many holes in them can be filled. Additionally, it should be noted with great concern that the public has not had a VOICE at a Housing Commission Meeting since JULY 15th! Given the dire situations folks may find themselves in as the Eviction Moratorium is set to expire , this is 100% unacceptable! The Housing Commission Meeting that was supposed to happen last week was cancelled with 48 hrs notice due to the Jewish holiday. This meeting was replaced by SPECIAL Meeting to be held on Sept. 23. SPECIAL MEETINGS prevent GENERAL PUBLIC COMMENTS according to the commission rules!. Will this meeting include two members who refuse to step down as a result of the July bans? The Housing Commission is no longer a body for the people so any vote taken by this body without first removing the people who no longer qualify to serve can not be acted upon. The City must follow the will of the city council who were voted in to represent the people. Please provide a favorable response to my request by 5 pm tomorrow or an explaination as to why you do not believe I am correct in making this request. Sincerely, Ann Maggio Thanawalla "Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein EXTERNAL Hello Ms. Anderson-Warren and Mr. Cardona, Item 3.I 04/12/22 95 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1138 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) I am writing to inquire as to the legality of the reason for the rescheduling of the regular meeting of the Housing Commission from September 16, 2021 to September 23, 2021 when the meeting will be a “special” meeting, i.e. one that does not allow for general public input. The reason for the rescheduling, as stated in an email from the Housing Department, appears to be a religious holiday (see the screenshot): However, upon consulting with the Santa Monica City Hall Calendar, I found no notice of any holiday observed by the municipal government on September 16, 2021 (see the screenshot): Please provide me with an explanation as to the legality of citing a religious holiday as a reason for the cancellation and postponement of the Housing Commission meeting in light of the fact that the City of Santa Monica does not celebrate any holiday on September 16, 2021. This request is warranted due to concerns that the cancellation of the September 16, 2021 meeting at the last moment at about 2pm on September 14, 2021 took the community by surprise and deprived it of the opportunity to participate in a long-awaited meeting. Additionally, the postponement to a “special” meeting on September 23, 2021 deprives the public of the opportunity to offer general public input. Item 3.I 04/12/22 96 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1139 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) As you may know, there has been a lot of controversy surrounding the Housing Commission in recent months, from concerns about a paid Executive Director of a legislative advocacy organization serving on it, to concerns about Mayor Himmelrich’s husband serving on it, to concerns about the apparent coup that Mayor Himmelrich’s husband performed in order to prematurely install new commission leadership prior to the new commissioner appointments having been made by the Council. Some community members believe that the above are examples of abuse of power, and attempts to hold on to the political control that is slipping away from Mayor Himmelrich and her husband, and from the special interests they represent in Santa Monica’s municipal government. I am looking forward to your response. Regards, Olga Zurawska image0.jpeg 69K Item 3.I 04/12/22 97 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1140 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 1. the SMHA must provide reasonable means for the RAB to become informed on programs covered by the SMHA plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, see 24 CFR 903.13(a)(2);" [Quoted text hidden] Ann Maggio Thanawalla "Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein ---------- Forwarded message --------- From: Ann Maggio <annmaggio@gmail.com> Date: Wed, Oct 6, 2021 at 12:27 PM Subject: Re: Response to Your Emails To: <joseph.lawrence@santamonica.gov> Cc: Phil Brock <phil.brock@smgov.net>, Oscar de la Torre <oscar.delatorre@smgov.net>, Christine Parra <christine.parra@smgov.net>, Ann Maggio Thanawalla <annmaggio@gmail.com> Dear Interim City Attorney, I am writing to you in response to former Interim City Attorney George Cardona's email to me sent on September 23rd. I believe Mr. Cardona had taken a position on whether or not Housing Commissioner Camner qualified as a lobbyist based on Camner's own insufficient response from the FPPC since she failed to provide the necessary documentation to make a properly informed decision on the matter. Please provide any and all documentation of Mr. Cardona's position on this matter. It has been three months now since the City Council agreed to eliminate lobbyists from serving in appointed positions yet staff has not bothered to return with an ordinance for council to approve. Thank you, Ann Maggio Thanawalla "Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein Item 3.I 04/12/22 98 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1141 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) [Quoted text hidden] Item 3.I 04/12/22 99 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1142 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 1 Vernice Hankins From:Theresa Marasco <theresa.marasco@gmail.com> Sent:Tuesday, April 12, 2022 11:54 AM To:Gleam Davis; Sue Himmelrich; Oscar de la Torre; Christine Parra; Phil Brock; Kristin McCowan; Lana Negrete; councilmtgitems; David White Subject:Public Comment Agenda Item 3. 1 Attachments:2022-04-12_TMARASCO - PUBLIC INPUT-CITY COUNCIL AGENDA ITEM 3. 1..pdf EXTERNAL Date: April 12, 2022 Subject: City of Santa Monica City Council Meeting April 12, 2022 Re: Agenda Item 3-I/Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan Dear Santa Monica Housing Authority Board and City Council Members: I am submitting this public comment as a Santa Monica Resident and RAB Member and not as the Vice Chair of the Housing Commission, regarding Agenda Item 3. I - the Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan and recommended actions to 1. Adopt the FY2022-2023 Santa Monica Housing Authority Annual Plan; 2. Authorize the submission of the FY2021-2023 Annual Plan to the United States Department of Housing and Urban Development. I object to the adoption of these plans for the following reasons: 1. The RAB has had no opportunity to meet and organize to respond collectively regarding the Annual and Administrative Plans, which do not include the voices of over 1,600 voucher holders in the City. The RAB has never been able to meet in more than 14 years. a. After 14 years the RAB was finally created in May of 2021. Two RAB representatives were appointed by the Santa Monica City Council in June of 2021. I requested information on how to contact the RAB representatives in or about July 7, 2021, but email addresses were not created for the two RAB members until August 30, 2021. I requested several times via email that the Santa Monica Housing Authority (SMHA) assist with scheduling a Zoom meeting for all RAB members to meet with the newly appointed RAB Representatives, Donna Brown and Elizabeth Cochran, to discuss the upcoming Annual Plan, but the SMHA never responded to that request. I also emailed Donna Brown and Elizabeth Cochran several times requesting to speak with them but they never responded. The RAB only exists on paper and continues to be left out of the conversation with regard to making discretionary changes to the Annual, Administrative, and the Five Year Plans. b. RAB members RAB should be able to meet quarterly to discuss the Annual and Administrative Plans coming up each year, and all housing issues, concerns, or changes recommended by the greater number of active RAB members should be Section 8/HCV holders or RAB c. Even though email addresses were provided by the City of SM for the newly appointed RAB Representatives, Donna Brown, and Elizabeth Cochran, they have not responded to my emails requesting to speak with them about the Annual and Administrative Plan, and therefore request Item 3.I 04/12/22 100 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1143 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 2 that the Annual and Administrative Plans are not approved before the 45 day review period conducted by HUD of the Annual Plan. (See attached emails regarding the RAB) 2. I request that SMHA Board does not approve the Annual and Administrative Plans until the RAB has had an opportunity to meet. I request that a meeting of the RAB take place within the next 30 days via Zoom or Bluejeans. The SMHA must provide reasonable means for the RAB to become informed on programs covered by the SMHA plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, see 24 CFR 903.13(a)(2);" Examples of urgent needs that need to be discussed with the RAB a. Disparity of treatment of all subsidized tenants preferential treatment as to who gets housing subsidized and/or housing, or who gets rehoused, slow turn around time for reasonable accommodations, and processing of RTA packets when Voucher Holder’s are attempting to “lease-up.” b. Disparity in treatment of low-income, disabled persons and older females, who need to have a voice to speak about fair housing rights being violated, to advise the RAB to address within the Annual and Administrative Plans each year. c. No real informal review, appeal, or grievance process if SMHA program participants do not agree with a decision made by the SMHA regarding their participation in the program but is required by HUD to ensure due process for participants. d. Lack of transparency in AFF/Subsidized housing; etc. (preferential treatment who gets housing.) The SMHA need to make available a comprehensive list of all shelters, project based housing, deed- restricted/tax credit, and/or affordable housing units in the city. The City and County of San Diego publish such a list for public access. Santa Monica can easily publish a list like San Diego (See attached example of San Diego’s list of housing.) Link to San Diego Housing List https://www.sdhc.org/housing-opportunities/affordable-rentals/ e. The City of Santa Monica needs to publish waitlists for Section 8; CCSM; and AFF/Deed restricted; tax credit properties. The Cochise County Housing Authority in Arizona publishes such a list. (See attached example of Housing Waitlist in Cochise County) f. No landlord liaison: There are known problems with habitability issues, harassment of long-term tenants, and source of income discrimination against subsidized tenants when applying for rental units. There are numerous stories in the news documenting the harassment and uninhabitable conditions of entire buildings here in Santa Monica. The City is well aware of the problems but does not have funds to protect tenants, specifically the Consumer Protection Unit, overseen by attorney Gary Rhoades, reportedly has not responded to numerous complaints, the complaints that the Consumer Protection does respond to is limited to sending letters to landlords as it has been indicated that the City of Santa Monica does not have the funding to go after bad landlords. g. Legal Aid cannot take legal action against the landlord and will not represent subsidized tenants in any dispute or action needed regarding the SMHA. h. Due to lack of representation for low income and/or susidized tenants, their is a need for HUD experienced legal advisor(s)/advocate(s) to comprehensively advise them of their rights, and to guide/represent them in any informal review or state hearing as provided for in CFR 24 Item 3.I 04/12/22 101 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1144 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan) 3 i. There is a need for an ADA Coordinator who does not have conflicts with tenants and is actively responding to complaints and requests for assistance. Reportedly, the current ADA Coordinator has been unresponsive to requests for assistance. The above is not a complete list but is the most urgent of items that need to be addressed in an official meeting via Zoom, inviting all RAB members. Sadly, this is the same letter I submitted last year, and nothing has changed and continues to a seriously grave problem that is preventing subsidized tenants a right and opportunity to meaningfully participate in the drafting of the Annual, Administrative and Five Year Plans. I have attached copies of HUD Guidelines and Regulations regarding Resident Advisory Boards and the role of the Santa Monica Housing Authority in ensuring that RAB members are able to have meaningful engagement and input on the very documents that directly impact Section 8/Housing Choice Voucher and all subsidized SMHA Program Participants. I have also attached copies of emails showing all the efforts I made to request an official meeting of the RAB. Thank you. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Very truly yours, Theresa H. Marasco (720) 226-4051 Powered by cloudHQ Item 3.I 04/12/22 102 of 102 Item 3.I 04/12/22 3.I.e Packet Pg. 1145 Attachment: Written Comment (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan)