HomeMy WebLinkAboutMINUTES - 09171996 - C75 C,
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez,Executive Director
DATE: September 17, 1996
SUBJECT: SECTION 8 ADMINISTRATIVE PLAN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
ADOPT Resolution No. 3785 approving Section 8 Administrative Plan as mandated by U. S.Department of Housing
and Urban Development(HUD)and recommended by the Advisory Housing Commission..
IL FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATIONBACKGROUND
The U. S.Department of Housing and Urban Development(HUD)regulations require all Housing Authorities that
administer the Section 8 Program to have an administrative plan. The administrative plan must set forth the agency's overall
approach and objectives for program administration and a description of discretionary policies concerning maintaining,closing
and reopening PHA waiting lists,voluntary interjurisdictional portability,issuing/extending and denying certificates,occupancy
standards,preferences, SRO housing,collection amounts owed the PHA,informal reviews and hearings,recertifications,and
directing Section 8 Program activities in support of local or area-wide community economic development. The attached plan
revises the Administrative PIan approved by the Board in 1994 to include recent changes in HUD Regulations.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.3785,the Housing Authority would be in
violation of HUD requirements for operating the Section 8 Program.
CONTINUED ON ATTACHMENT: YES SIGNATURE I
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 1 7 , 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT —— ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED September 17 , 1996
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY DEPUTY
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 3785
RESOLUTION APPROVING SECTION 8 RENTAL ADMINISTRATION PLAN
AS REQUIRED BY HUD REGULATION§982.54 UNDER THE NEW
CONFORMING RULE
WHEREAS, the Contra Costa County Housing Authority ("PHA") administers a
Section 8 Program; and
WHEREAS, the U. S. Department of Housing and Urban Development(HUD)
regulations require all Housing Authorities that administer the Section 8
Program to have an Administrative Plan; and
WHEREAS, recent changes in HUD Regulations are included in the revised Section 8
Administrative Plan,
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Housing Authority of the County of Contra Costa that the Section 8 Administrative
Plan set forth as required by the U. S. Department of Housing and Urban
Development(HUD) become effective immediately.
PASSED AND ADOPTED ON September 17 , 1996 by the
following vote of the Commissioners.
AYES: Commissioners Rogers , Bishop, DeSaulnier , Torlakson
and Smith
NOES: None
ABSENT: None
ABSTAIN: None
s8adminR
ADMINISTRATIVE PLAN
Housing Authority of the County of Contra Costa
Based On Conforming Rule Changes of October, 1995,Revisions of January, 1996
and April, 1996,Published August,1996
Table of Contents
Chapter 1
STATEMENT OF POLICIES AND OBJECTIVES
A. PURPOSE OF THE PLAN................................................................................. 1-1
B. LOCAL OBJECTIVES....................................................................................... 1-1
C. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)] ........................................... 1-4
D. SERVICE POLICY/ACCOMMODATIONS.................................................. 1-7
E. PROGRAM OUTREACH &DEVELOPMENT............................................... 1-7
F. PRIVACY RIGHTS........................................................................................... 1-9
G. EQUAL EMPLOYMENT OPPORTUNITY ....::.................:............................ 1-10
H. RULES AND REGULATIONS........:............................................................... 1-10
I. JURISDICITON......................................................................... .............. 1-10
J. MONITORING PROGRA�uI=PERFORMANCE ............: :.:....... .. ............. ... 1=10
K. TERMINOLOGY.............................................:................................................ 1-11
Chapter 2
ELIGIBILITY FOR ADMISSION
A. FAMILY COMPOSITION [24 CFR 982.54(d)(4)(i)]....................................... 2-2
B. INCOME LIMITATIONS [24 CFR 813.106, 982.201(b)(d),
982.54(d)(4)(ii)]................................................................................................. 2-5
C. MANDATORY SOCIAL SECURITY NUMBERS [24 CFR 750.10 (a-f)]..... 2-6
D. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS [24 CFR 812.51 ......... 2-7
E. OTHER CRITERIA FOR ADMISSION [24 CFR 982.552 651....................... 2-8
F. SUITABILITY OF FAMILY [24 CFR 982.202 (b) (1)]................................... 2-9
G. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE
OFTHE CONTRACT....................................................................................... 2-9
H. INELIGIBLE FAMILIES.................................:................`................................ 2-9
Table of Contents
Chapter 3
APPLYING FOR ADMISSION
A. HOW TO APPLY................................................................................................ 3-1
B. OPENING/CLOSING OF APPLICATION TAKING
[24 CFR 982.206, 982.54(d)(f)].......................................................................... 3-1
C. "INITIAL"APPLICATION PROCEDURES [24 CFR 982.204(b)] ................. 3-4
D. NOTIFICATION OF APPLICANT STATUS....................:............................... 3-6
E. TIME OF SELECTION....................................................................................... 3-6
F. COMPLETION OF A FULL APPLICATION.................................................... 3-6
G. SELECTION OF CERTIFICATE OR VOUCHER[24 CFR 982.205 (c)(2)].... 3-9
H. FINAL DETERNIINATION�AND NOTIFICATION OF ELIGIBILITY...........3-9
Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
[24 CFR 982.54(d)(1)]
A. ORGANIZATION OF WAITING LIST....... ... 4-3
B. WAITING LIST PREFERENCES [24 CFR 982.207]........................................ 4-3
C. FEDERAL PREFERENCE CATEGORIES [24 CFR 982.211-2131.................. 4-5
D. INITIAL DETERMINATION OF FEDERAL PREFERENCE`
QUALIFICATION [24 CFR 982.210(c)(3)]....................................................... 4-8
E.. RANKING PREFERENCES [24 CFR 982.208, 982.210(b)]............................. 4-9
F. LOCAL PREFERENCES [24 CFR 982.208,982.209]....................................... 4-9
G. EXCEPTIONS FOR SPECIAL ADMISSIONS [24 CFR 982.203, 982.54(d)(3)
...........................................................................................:........:.........................4-11
H. TARGETED FUNDING...............................................................:.....................4-11
I. PREFERENCE ELIGIBILITY [24 CFR 982.210(c)(3-4)]................................A-12
J. ORDER OF SELECTION [24 CFR 982.207(e),982.210(a)(b)] .......................4-13
K. FINAL VERIFICATION OF PREFERENCES [24 CFR 982.210(c)(3)(4)........4-13
L. PREFERENCE DENIAL [24 CFR 982.210(d)]................:.....................:...........413
M. REMOVAL FROM WAITING LIST AND PURGING[24 CFR 982.204(c)] ..4-14
.i
. f
Table of Contents "
Chapter 5
SUBSIDY STANDARDS
[24 CFR 982.54(d)(9)]
A. DETERMINING CERTIFICATENOUCHER SIZE[24 CFR 982.402]........... 5-1
B. CHANGES IN CERTIFICA'T'ENOUCHER SIZE [24 CFR 982.403(a)&(b)]. 5-3
C. UNIT SIZE SELECTED...................................................................................... 5-6
Chapter 6
FACTORS RELATED TO TOTAL TENANT PAYMENT DETERMINATION
A. INCOME AND ALLOWANCES......................................................................... 6-1
B. CALCULATING INCOME OF TEMPORARILY/PERMANENTLY
ABSENT[24 CFR 813.106, 982.54(d)(10), 982.55 1(h)(2), (3), (7)]................... 6-2
C. AVERAGING INCOME [24 CFR 813.106(d)]
D. MINIMUM INCOME [24 CFR 813.102] ........................................................... 6-8
E. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME
[24 CFR 813.106(a)]............................................................................................ 6-8
F. REGULAR CONTRIBUTIONS AND GIFTS [25 CFR 813.106(b)(7)] ............ 6-8
G. ALIMONY AND CHILD SUPPORT [24 CFR 813.106(b)(7)1:,........................ 6-8
H. LUMP-SUM RECEIPTS[24 CFR 813.106(b)(4)] ...............:............................. 6-9
I. CONTRIBUTIONS TO RETIREMENT FUNDS - ASSETS............................. 6-9
J. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE........... 6-10
K. CHILD CARE EXPENSES [24 CFR 813.102].................................................... 6-10
L. MEDICAL EXPENSES [24 CFR'813.102(d)]................... ............................... 6-10
M. PRORATION OF ASSISTANCE FOR"MDMD"FAMILIES`
[24 CFR 812.11] .................................................................................................. 6-10
N. REDUCTION IN BENEFITS.............................................................................. 6-11
O. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT
PAYMENTS[24 CFR 813.1023- 813.108]............................................................
6-11
Table of Contents
Chapter 7
VERIFICATION PROCEDURES
[24 CFR 750.1, 812.6 & .12, 813.106 & .109, 913.106, 982.108, 982.210-982.2131
A. METHODS OF VERIFICATION AND TIME ALLOWED.............................. 7-1
B. RELEASE OF INFORMATION......................................................................... 7-3
C. COMPUTER MATCHING...................................................................6............. 7-3
D. ITEMS TO BE VERIFIED........................ ............................... ................. 7-3
E. VERIFICATION OF INCOME........................................................................... 7-4
F-H ASSESTS/ALLOWABLE DEDUCTIONS 7-4
I. VERIFYING NON-FINANCIAL FACTORS.................................................... 7-5
J. WAITING LIST PREFERENCES 1[24 CFR:982.208;982.210-982.213]..0........ 7-10
Chapter 8
CERTIFICATE/VOUCHER ISSUANCE AND BRIEFINGS
A. ISSUANCE OF CERTIFICATES/VOUCHERS
[24 CFR 982.204(d), 982.54(d)(2)....................................................................... 8-1
B. BRIEFING TYPES AND REQUIRED ATTENDANCE [24 CFR 982.3011..... 8-1
C. OWNER BRIEFINGS .............................................................:........................... 8-5
D. ENCOURAGING PARTICIPATION IN AREAS WITHOUT
LOW INCOME OR MINORITY CONCENTRATION..................................... 8-5
E. ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION................. 8-6
F. SECURITY DEPOSIT REQUIREMENTS [24 CFR 982.313] .......................... 8-6
G. TERM OF CERTIFICATE/VOUCHER[24 CFR 9823031,982.54(d)(1 8-7
Table of Contents
Chapter 9
REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION
A. REQUEST FOR LEASE APPROVAL [24 CFR 982.305(b)] ............................ 9-1
B. DISAPPROVAL OF RLA................................................................................... 9-4
C. LEASE REVIEW [24 CFR 982.308].................................................................. 9-5
D. INITIAL INSPECTIONS [24 CFR 982.305(a) &(b)].............
.......................:.... 9-6
E. RENT LIMITATIONS [24 CFR 882.106(a)]...................................................... 9-6
F. DISAPPROVAL OF PROPOSED RENT........................................................... 9-7
G. INFORMATION TO OWNERS [24 CFR 982.307(b), 982.54(d)(7)]................ 9-8
H. OWNER DISAPPROVAL [24 CFR 982.306].................................................... 9-9
I. CHANGE IN TOTAL`TENANT PAYMENT(TTP)PRIOR
TO HAP EFFECTIVE DATE........................................I.........I......... .............. 9-10
J. CONTRACT EXECUTION PROCESS [24 CFR 82.35(c) ........ .............. 9-10
K. CHANGE IN OWNERSHIP ............................................................................... 9-11
Chapter 10
HOUSING QUALITY STANDARDS AND INSPECTIONS
A. GUIDELINES/TYPES OF INSPECTIONS [24 CFR 982.401(a), 982.4051...... 10-1
B.. ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HQ*�
[24 CFR 982.401(a)]............................................................................................ 10-2
C. INSPECTIONS.................................................................................................... 10-2
D. EMERGENCY REPAIR ITEMS [24 CFR 982.1401(a)....................................... 10-4
E. CONSEQUENCES IF OWNER IS RESPONSIBLE
(NON-EMERGENCY ITEMS)17.:.
... . ..... .................................: ..:.- :.:... ..: :::.:. 10-4
F. DETERMINATION OF RESPONSIBILITY
[24 CFR 982.4042 982.54(d)(14)]..................................................................:..... 10-5
G. CONSEQUENCES IF FAMILY IS RESPONSIBLE......................................... 10-6
H. INITIAL HQS INSPECTION.............................................................................. 10-6
I. ANNUAL HQS INSPECTION'..................................................... ........................ 10-7
J. SPECIAL/COMPLAINT INSPECTIONS .......................................................... 10-7
K. QUALITY CONTROL.INSPECTIONS............................................................. 10-7
Table of Contents
Chapter 11
OWNER RENTS, RENT REASONABLENESS, AND PAYMENT STANDARDS
A. OWNER PAYMENT IN THE CERTIFICATE PROGRAM.............................11-1
B. OWNER PAYMENT IN THE VOUCHER PROGRAM....................................11-1
C. MAKING PAYMENTS TO OWNERS ..............................................................11-2
D. RENT REASONABLENESS DETERMINATIONS
[24 CFR 882.106(b), 982.4].................................................................................11-2
E. PAYMENT STANDARDS FOR THE VOUCHER PROGRAM
[24 CFR 887.351(a)(b)] .......................................................................................11-4
F. ADJUSTMENTS TO PAYMENT STANDARDS
[24 CFR 887.209(b), 887.351(c)(d). .................................................................11-4
G. RENT ADJUSTMENTS [24 CFR 882.108] .............................:..........................11-6
Chapter 12
RECERTIFICATIONS
A. ANNUAL ACTIVITIES...................................................................................... 12-1
B. ANNUAL RECERTIFICATION/REEXAMINATION
[24 CFR 882.212(a), 887.355]................................................... ......................... 12-2
C. REPORTING INTERIM CHANGES [24 CFR 882.212(b), 887.3571:............... 12-4
D. NOTIFICATION OF RESULTS OF RECERTIFICATIONS ............................ 12-6
E. TIMELY REPORTING OF CHANGES IN INCOME(AND ASSETS)........... 12-6
F. REPORTING OF CHANGES IN FAMILY COMPOSITION
[24 CFR 882.213, 887.359(a)(b).......................................... ............................... 12-8
G. CONTINUANCE OF ASSISTANCE FOR"MI='?FAMILIES
24 CFR 812.10(c)]........................................ .......... 12-8
1
Table of Contents' ,
Chapter 13
MOVES WITH CONTINUED ASSISTA.NCE/PORTABILITY
A. ALLOWABLE MOVES......................................................................................13-1
B. RESTRICTIONS ON MOVES [24 CFR 982.314, 982.552]..............................13-2
C. PROCEDURE FOR MOVE9..............................................................................13-2
D. PORTABILITY [24 CFR 982.353].....................................................................13-3
E. OUTGOING PORTABILITY [24 CFR 982.353, 982.355]................................13-3
F. INCOMING PORTABILITY 24 CFR 982.354 982.355 13-5
Chapter 14
CONTRACT TERMINATIONS
A. CONTRACT TERMINATION...........................................................................14-1
B. TERMINATION BY THE FAMILY: MOVES [24 CFR 982.314(c)(2)............14-1
C. TERMINATION BY THE OWNER: EVICTIONS
[24 CFR 982.310,982.455] .................................................................................14-2
D. TERMINATION OF THE CONTRACT BY HA
[24 CFR 982.404(a), 982.453, 982.454, 982.552(a)(3)]......................................14-4
E. TERMINATIONS DUE TO INELIGIBLE IMMIGRATION STATUS
[24 CFR 812.9] ........................................................................:...........................14-5
F. TERMINATION DUE TO OWNER DISAPPROVAL [24 CFR 982.453]........14-6
............. ......................... ..........
Table of Contents
Chapter 15
DENIAL OR TERMINATION OF ASSISTANCE
A. GROUNDS FOR DENIAL/TERMINATION [24 CFR 982.552, 982.553] ....... 15-1
B. FAMILY OBLIGATIONS [24 CFR.982.5511............................:
C. PROCEDURES FOR NON-CITIZENS [24 CFR 812.9(c)(d), 812.10(d)]......... 15-10
D. $0 HAP ASSISTANCE TENANTS [24 CFR 982.455(a)] ....................
...:.:.:..... 15-13
E. OPTION NOT TO TERMINATE FOR MISREPRESENTATION
[24 CFR 982.551, 982.552(c)................:..... .......: 15-13
F. MISREPRESENTATION IN COLLUSION WITH OWNER
[24 CFR 982.551, 982.552(c)]............................................................................. 15-13
G. MISSED APPOINTMENTS AND`DEADLINES
[24 CFR 982.551, 982.552(c)]............................................................................. 15-14
Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
A. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54(d)(8)]........................16-1
B. OWNER RESTRICITONS AND PENALTIES
[24 CFR 982.302(a)(8), 982.453] ........................................................................16-2
C. OTHER REMEDIES FOR OWNER VIOLATIONS.............:............................16-3
Chapter 17
CLAIMS,MOVE-OUT AND CLOSE-OUT INSPECTIONS
(For Contracts Effective Before January 1, 1996)
A. OWNER CLAIMS.......... ...........................
B. UNPAID RENT [24 CFR 887.215, 882.112(d)]....................................
C. VACANCY LOSS IN THE CERTIFICATE PROGRAM [24 CFR 887.105] ...17-2
D. MOVE-OUT AND CLOSE-OUT INSPECTIONS.............................................17-4
E. PROCESSING CLAIMS................:...:..................................................................17-4
Table of Contents
Chapter 18
OWNER OR FAMILY DEBTS TO THE HA
A. REPAYMENT AGREEMENT FOR FAMILIES
[24 CFR 792.103, 982.5520(6-8)].....................................................................18-2
B. DEBTS OWED FOR CLAIMS [24 CFR 792.103, 982.552(b)(6-8)].................18-4
C. DEBTS DUE TO FRAUD/NON-REPORTING OF INFORMATION
[24 CFR 982.163] .......................................................................... ... ................18-4
D. OWNER DEBTS TO THE HA...........................................................................18-5
E. WRITING OFF DEBTS......................................................................................18-5
Chapter 19
COMPLAINTS AND APPEALS
A. COMPLAINTS TO THE HA..............................................................................19-1
B. GROUNDS FOR DENIAL..................................................................................19-2
C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS
[24 CFR 982.54(d)(12),982.554].........................................................................19-3
D. INFORMAL HEARING PROCEDURES
[24 CFR 982.555(a-f), 982.54(d)(13)]............................................. .19-6
...................
E. HEARING AND APPEAL PROVISIONS FOR"RESTRICTIONS ON
ASSISTANCE TO NON-CITIZENS" [24 CFR 812.91 ......................................19-13
F. MITIGATING CIRCUMSTANCES FOR APPLICANT/PARTICIPANTS
WITH DISABILITIES................................... .................................................19-14
GLOSSARY
A. ACRONYMS USED IN SUBSIDIZED HOUSING........... .............................. GL-1
B. GLOSSARY OF TERMS IN SUBSIDIZED HOUSING...................................GL-4
C. GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE.................... GL-16
Chapter 1
STATEMENT OF POLICIES AND OBJECTIVES
INTRODUCTION
The Section 8 Program was enacted as part of the Housing and Community Development Act of
1974, which recodified the U.S. Housing Act of 1937. The Act has been amended from time to
time, and its requirements, as they apply to the Section 8 Certificate and Voucher Programs, are
described in and implemented through this Administrative Plan.
Administration of the Section 8 Program and the functions and responsibilities of the Housing
Authority (HA) staff shall be in compliance with the HA's Policies and the Department of
Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State
and local Fair Housing Laws and Regulations.
A. PURPOSE OF THE PLAN
The purpose of the Administrative Plan is to establish policies for carrying out the programs in a
manner consistent with HUD requirements and local objectives. The Plan covers both admission
and continued participation in these programs. Policies are the same for both programs unless
otherwise noted.
The HA is responsible for complying with all changes in HUD regulations pertaining to these
programs. If such changes conflict with this Plan, HUD regulations will have precedence. The
original Plan and any changes must be approved by the Board of Commissioners of the agency
and a copy provided to HUD.
B. LOCAL OBJECTIVES
The Section 8 Program is designed to achieve three major objectives:
* 1. To provide decent, safe, and sanitary housing for very low income families while
maintaining their rent payments at an affordable level.
* 2. To provide an incentive to private property owners to rent to very low
income families by offering timely assistance payments.
* 3. To promote freedom of housing choice and spatial deconcentration of very
low income families of all races and ethnic backgrounds.
1/96 AdminPlan
1-1
In addition, the HA has the following goals for the program:
* 1. To assist the local economy by increasing the occupancy rate and the amount of
money flowing to the community.
* 2. To encourage self sufficiency of participant families.
RANGE OF(PROGRAMS
The Housing Authority's aim is to administer the Section 8 Program to permit the widest range of
housing opportunities for low-income Contra Costa County residents. To help meet this goal, the
Housing Authority has sub-programs that target special populations and neighborhood
revitalization efforts. A description of these programs is provided below:
The Housing Authority of the County of-Contra Costa does not discriminate on the basis of race,
color,religion, national origin, sex(including sexual harassment), handicap, or age, in any of its
policies,procedures, or practices. This nondiscrimination policy covers admission and access to,
or treatment or employment in, all Housing Authority programs and activities.
Comprehensive Assistance Program. Families in residence at the time a development undergoes
Comprehensive Assistance Program Modernization (CIAP) or Comprehensive Modernization
(Comp Mod), and are required to undergo a permanent relocation because of the modernization
activity, may be issued a Section 8 Certificate or a Housing Voucher, whichever is available at
the time. The Housing Authority will make the final disposition.
The Family Self-Sufficiency Program. The Family Self Sufficiency (FSS)Program marries
housing and social services to enable families to pursue employment,job training, or other
education that will lead them toward self-sufficiency. The ultimate goal is to free families from
public assistance after five years. The FSS Coordinator initially selected participants for this
program from people enrolled in HACCC's previous self-help program, Operation Bootstrap,
then from current participants in the Section 8 Program. A Family Self Sufficiency Action Plan
has also been adopted by the agency and forwarded to HUD. A copy is attached.
Family Unification Program. The Housing Authority has a set-aside of Section 8 assistance to
keep families together when their children are.in danger of being placed in foster care because of
their lack of suitable housing. The program enables families to unite with children who have
already been placed in foster care for the same reason. The County's Social Services Department
refers families to the Housing Authority under this program. The Assistant Director for Rental
Assistance oversees the implementation of this program and acts as the agency's liaison to Social
Services.
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1-2
The Homeless Assistance Program. The Housing Authority uses Section 8 Rental Assistance to
enable eligible homeless families and single homeless adults to move from temporary and
transitional shelters to permanent housing. The Housing Authority provides this assistance as
part of a comprehensive strategy on homelessness that includes Contra Costa County
government and local non-profit service providers. The shelter provider,usually a community-
based nonprofit corporation or public agency, sets initial eligibility criteria for this program in
consultation with the Housing Authority. Selections of participants for the program do not have
to be made from HACCC's County-Wide Waiting list. Rather,people meeting the provider's
criteria are referred to the Housing Authority to determine program eligibility. All other Section
8 Program rules and regulations apply. Some of the Section 8 assistance is part of a revolving
pool;when participants no longer receive assistance,the provider is notified that it may refer a
replacement homeless family for eligibility determination. Once the participant receives a
Certificate or Voucher,policies and procedures for this program are the same as for the Section 8
Certificate and Voucher program. The only programmatic difference is that homeless participants
do not have to come from the waiting list and are referred to the Housing Authority by a shelter
operator or other nonprofit service provider.
Moderate Rehabilitation Program. This program has provided project-based subsidized rental
assistance to eligible tenants. The subsidized assistance is for a time negotiated by the property
owners in a contract with HUD which is administered by the Housing Authority. As these
contracts expire, residents are eligible to convert their project-based assistance to tenant-based
Section 8 certificates as funding is made available.
Rental Rehabilitation Program. The Rental Rehabilitation Program gives loans to Owners of
affordable rental properties that need physical improvement and Section 8 assistance to eligible
tenants to rent the property. Under this program, recipients do not have to come from the Central
Waiting List and are not subject to the federal preferences. The income eligibility criterion for
the Rental Rehabilitation Program is the same as for the Section 8 Certificate and Voucher
programs as set forth in the eligibility section of this manual. The Housing Authority will issue a
Certificate or Voucher to applicants who live in units to be rehabilitated under the Rental
Rehabilitation Program; such applicants may elect to stay in place or to move elsewhere. For
units with no tenants in place,the Housing Authority puts the renovated unit on the rental referral
list for certificate and voucher holders who are searching for a unit. The owner selects the tenant
of his choosing. All other Section 8 policies and procedures apply.
Shared Housing. HACCC operates a Shared Housing Program that allows Section 8 recipients to
share an apartment or a house with another Section 8 recipient or.a housemate not receiving
assistance. The program is available to any Section 8 recipient.
Shelter Plus Care Program. This program provides rental assistance and a full range of services
to homeless individuals who are mentally ill,have chronic alcohol or drug abuse problems, or
have AIDS or related disorders. The program is supported by a broad base of community service
providers and the County Health Department.
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C. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)]
It is the policy of the Housing Authority of the County of Contra Costa to comply fully with all
Federal, State, and local nondiscrimination laws and with the rules and regulations governing
Fair Housing and Equal Opportunity in housing and employment.
Specifically, it is the policy of the Housing Authority to comply with 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: air Housing Amendments.Act of 1988), Executive Order
11063, Section 504 of the Rehabilitation Act of 1973,the Age Discrimination Act of 1975, Title II
of the Americans with Disabilities Act and any legislation protecting the individual rights of
Section 8 recipients,applicants or staff which may subsequently be enacted.
Nondiscrimination Policy. Discrimination Prohibited. HACCC shall not discriminate because
of race, color, sex,religion;familial status, disability,handicap or national origin in awarding rental
assistance covered by a contract for annual contributions under the United States Housing Act of
1937, as amended. (Regulatory Reference: 24 C.F.R. § 100.5)
Specific Actions Prohibited. The Housing Authority employees and representatives shall
not, on account of race, color, sex,religion, disability,handicap,national origin or familial status:
• Deny to any family the opportunity to apply for housing assistance, nor deny to any
qualified applicant the opportunity to seek to lease housing suitable to its needs;
• Provide housing assistance which is different from that provided others-,
• Subject a person to segregation or disparate treatment;
• Restrict a person's access to any benefit enjoyed by others in connection with the
Section 8 rental assistance program;
• Treat a person differently in determining eligibility or other requirements for
assistance;
• Deny a person access to the same level of services; or
• Deny a.person the opportunity to participate in a planning or advisory group which
is an integral part of rental housing programs.
Discrimination Against Groups Prohibited. HACCC shall not automatically deny
assistance to a particular group or category of otherwise eligible applicants (e.g., families with
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children born to unmarried parents, single men, elderly pet owners, or families whose head or
spouse is a student). Each applicant in a particular group or category must be treated on an
individual basis in the normal processing routine.
Duty to Eliminate Barriers to Equal Housing Opportunity. HACCC must identify and
eliminate situations or procedures that create barriers to equal housing opportunity for all. In
accordance with Section 504 of the Rehabilitation Act of 1973, housing providers must make
physical or procedural changes to permit people with disabilities to take full advantage of the
Section 8 Rental Assistance program. (Legal Reference: Rochester Housing Authority v. Cason,
748 F.Supp. 1002 (W.D.N.Y. 1990). Hereafter cited as "Rochester.")
Section 504 Grievance Procedure. The Housing Authority of the County of Contra Costa
has adopted a grievance procedure to provide prompt and equitable resolution of complaints
alleging any action prohibited by HUD regulations implementing Section 504 of the rehabilitation
Act of 1973, as amended. The grievance procedure is included in the procedure section of this
manual.
Political andlor Personal Favoritism Prohibited. HACCC must not permit policies to be
subverted to do personal or political favors. Accepting an applicant from a lower waiting list
position before one in a higher position violates HACCC policy, federal law, and the rights of other
families on the waiting list.
Accessibility of Facilities and Programs. Facilities and programs used by participants
- should be made fully accessible. Application and management offices, hearing rooms, community
centers, and so on must be available for use by residents with a full range of disabilities.
Accessible Documents. Documents intended for use by applicants and participants should
be presented in fully accessible formats for those with vision or hearing impairments. Materials
should be written simply and clearly to enable applicants with learning or cognitive disabilities to
understand as much as possible.
Plain Language Goals. Some program concepts are complicated. In recognition of this,
staff should offer examples to help applicants and participants understand how the program works.
In writing materials to be used by applicants and residents, staff should keep in mind that mental
retardation, learning disabilities and cognitive disabilities may affect the applicants ability to read or
understand. Staff should recognize that rules and benefits may have to be explained verbally -
perhaps more than once and must explain them repeatedly if needed.
Availability of Alternative Communication. At the point of initial contact, HACCC staff
must ask all applicants whether they need some form of communication other than plain language
-paperwork. Some alternatives include sign language interpretation, oral explanations, either in
person or by phone, large type materials, information on tape, etc. Applicants and participants in
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need of alternative communication should be encouraged to have someone (friend, relative or
advocate) accompany them to HACCC to receive and explain housing materials.
Reading. Because some applicants will not be able to read (or to read English), intake staff
must be prepared to read and explain anything that they would normally hand to an applicant to
read or fill out. Applicants who read or understand little English may furnish an interpreter. If
there is a person on the Housing Authority staff who is competent to translate for the applicant or
participant, every effort should be made to obtain her help. Housing Operations will distribute
periodically a list of staff with language abilities. other than English and of area agencies that
provide-translating assistance.
Types of Information to be Accessible. At a minimum,the following information should be
in plain-language accessible formats:
• Marketing and informational materials
• Information about the application process
• The application form
• All form letters,notices etc. to applicants and residents
• General statement about reasonable accommodation
• Orientation materials for new recipients
• The lease
• Guidance or instructions about care of a housing unit
• Information about opening,updating or closing the waiting list
• Information related to applicant rights(to hearings,etc.)
Informing Owners of Nondiscrimination Requirements. Owners renting to program
participants or interested in renting to program participants will be informed of Fair Housing and
Equal Housing Opportunity requirements described above.
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D. SERVICE POLICY/ACCOMMODATIONS
This policy is applicable to all situations described in this Administrative Plan when a family
initiates contact with the HA, when the HA initiates contact with a family including when a
family applies, and when the HA schedules or reschedules appointments of any kind.
It is the policy of this HA to be service-directed in the administration of our housing programs,
and to exercise and demonstrate a high level of professionalism and compassion while providing
housing services to the families within our jurisdiction.
The HA's policies and practices will be designed to provide assurances that all persons with
disabilities will be provided reasonable accommodation so that they may fully access and utilize
the housing program and related services. The availability of specific accommodations will be
made known by including notices on HA forms and letters to all families, and all requests will be
verified so that the HA can properly accommodate the need presented by the disability. The list
of available units published weekly by Housing Operations will include known accessible units.
Requests for reasonable accommodation from persons with disabilities will be granted upon
verification that they meet the need presented by the disability. Requests for accommodation or
modification will be verified with a reliable knowledgeable,professional.
Reasonable accommodation will be made for persons with a disability who require an advocate
or accessible offices. A designee will be allowed to provide some information,but only with the
permission of the person with the disability.
The HA's facilities are accessible to persons with disabilities. Accessibility for the hearing
impaired is provided by the TTD/TDY telephone number through the Central Waiting List
Office at (510) 671-0442.
E. PROGRAM OUTREACH AND DEVELOPMENT
Public Notice to Families. The Housing Authority will inform the public, through
publication in a newspaper of general circulation, minority media, and other suitable means, of the
availability and nature of housing assistance for low-income families (including assistance with
respect to the-units already occupied by the families). The HA will also distribute fact sheets to the
broadcasting media, and initiate personal contacts with members of the news media and community
service.personnel.. The HA will also utilize public service announcements. The notices will
include statements. in languages other than English, as needed. The notices will inform potential
participants of the locations to apply for Section 8 Rental Assistance.
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Affirmative Action. The Housing Authority will take affirmative steps to provide
opportunities to persons who, because of such factors as race, ethnicity, sex of the head of
household, age or source of income are less likely to apply for Section 8 Assistance.
Form and Contents of Notice. The notice issued by the Housing Authority publicizing the
availability of assistance will be made in accordance with HUD guidelines for fair housing,
which requires the use of the equal housing opportunity logotype, statement, and slogan.
The notice will contain the following:
• A brief description of the program, including the possibility that families may
receive assistance in the units they currently occupy, and application locations.
• A statement that makes clear that a family who is already on the Housing
Authority's Section 8 Waiting list for a Housing Voucher is also on the waiting list
for a Certificate and the reverse.
Public Invitation.to Owners. T e'Housing Authority of the County of Contra Costa will invite
Owners to participate in the Section 8 program through media advertisements and community
outreach (Regulatory Reference: 24 C.F.R. 982.54(d)(5)). Owners who inquire about the program
receive a HACCC information booklet describing the program. Housing Operations Department
staff respond to questions from interested owners. In addition, the Authority publishes a weekly
rental referral list for owners to advertise properties.
Advertising. The Housing Authority invites Owners to rent to program participants through
publication in a newspaper of general circulation, as well as through minority media and
other suitable means. In doing so, the Housing Authority encourages the participation of
Owners of units in areas other than low-income or minority concentrated areas. It is
HACCC policy to comply with HUD advertising guidelines requiring the use of equal
housing opportunity logotype, statement, and slogan. (ReguJ,atory Reference: 24 C.F.R.
208(a)).
Networking. In order to increase housing opportunities for Section 8 participants, the
Housing Authority Unit Inspectors and Housing Operations Department personnel conduct
periodic meetings with participating owners to improve owner relations and to recruit
new owners [24 CFR 982.54(d)(5)]. Housing Operations staff also endeavor to:
• Develop working relationships with local Owners and real estate brokers
organizations;
• Establish contacts with civic, charitable, governmental or neighborhood
organizations interested in housing for low-income and displaced families; and
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• Explain the program, including equal opportunity requirements, to real estate,
landlord, and other groups that deal with or are interested in housing low-income
families.
F. PRIVACY RIGHTS
Applicants and participants, including all adults in their households, are required to sign the
HUD 9886 Authorization for Release of Information. This document incorporates the Federal
Privacy Act Statement and describes the conditions under which HUD will release family
information.
The HA's policy regarding release of information is in accordance with State and local laws
which may restrict the release of family information.
Any and all information which would lead one to determine the nature and/or severity of a
person's disability must be kepi M- x separate folder,marked "confidential" and kept in the file.
The personal information in this folder must not be released except on an "as needed" basis in
cases where an accommodation is under consideration. All requests for access and granting of
accommodations based on this information must be approved by the Director of Housing
Operations.
In accordance with HUD requirements, the HA must furnish prospective owners with the
family's current address as shown in the HA's records and, if known to the HA, the name and
address of the landlord at the family's current and prior address.
The HA may furnish prospective owners with information about the family's rental history, or
any history of drug trafficking.
A statement of the HA's policy on release of information to prospective landlords will be
included in the briefing packet which is provided to the family and provided to owners upon
receipt of a request for lease approval.
The HA's practices and procedures are designed to safeguard the privacy of applicants and
program participants. All applicant and participant files will be stored in a secure location which
is only accessible by authorized staff. Files being transported will be moved in closed envelopes
or otherwise handled appropriately. Files will never be left unattended or placed in common
areas.
HA staff will not discuss family information contained in files unless there is a business reason
to do so. Inappropriate discussion of family information, or improper disclosure of family
information by staff may result in disciplinary action.
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G. EQUAL EMPI OYMENT OPPORTUNITY
The HA practices affirmative action in hiring,promotion and conditions of employment. Position
vacancies are advertised in specialized and large circulation dailies and local organizations are
contacted. The HA's recruitment practices will apply aggressive outreach to community-based
racial and ethnic groups so that the composition and culture of the staff reflects the composition
and culture of the community, to the extent possible. All HA job postings will display the
affirmative action/equal employment opportunity logo and slogan prominently.
H RULES AND REGULATIONS
This Administrative Plan is set forth to define the HA's local policies for operation of the
housing programs in the context of Federal laws and Regulations. All issues related to Section 8
not addressed in this document are governed by the Federal Regulations- the HACCC Section 8
Manual, HUD Memos,Notices and guidelines, or other applicable law. In addition, guidelines
are provided through HACCC policy and procedure memoranda.
I. JURISDICTION
The jurisdiction of the HA includes the County of Contra Costa excluding the cities of Richmond
and Pittsburg.
J. MONITORING PROGRAM PERFORMANCE
The Director of Housing Operations will oversee the work of the Housing Managers to insure
consistency with outreach goals and compliance with the Equal Opportunity Housing Plan for
lower income and very low income applicants. Housing market surveys will be done to prepare
documentation for any requests for adjustments of fair market rents which might be necessary.
As problems and discrepancies arise,Housing Management staff will be instructed to try to
resolve all such matters at their level; however,if they are unable to do so, it will be brought to
the attention of the Director of Housing Operations and the Assistant Director for Rental
Assistance Programs. In addition,the Internal Auditor will periodically review program
operations and perform on-site field audits according to the HACCC's Internal Audit Policy. All
records and reports will be kept and prepared in accordance with the HUD Regulations and
Guidelines and the agency's policies and procedures.
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K. TERMINOLOGY
The Housing Authority of the County of Contra Costa is referred to as "HA" or "Housing
Authority"throughout this document.
"Family" is used interchangeably with"Applicant" or"Participant" and can refer to a single
person family.
"Tenant" is used to refer to participants in terms of their relation to landlords.
".Landlord" and"owner" are used interchangeably.
"Disability" is used where "handicap"was formerly used.
"New Rule" refers to the HUD Occupancy Regulations effective 10/2/95 which were
implemented in the County.of Contra Costa January 1, 1996. "Old Rule" refers to the
Regulations that were supersedet-on that date.
"Noncitizens Rule"refers to the regulation effective June 19, 1995 restricting assistance to U.S.
citizens and eligible immigrants.
The Section 8 programs are also known as the Certificate and Voucher programs.
_ "HQS" means the Housing Quality Standards required by regulations as enhanced by the HA.
"Failure to Provide" refers to all requirements in the first Family Obligation. See Chapter 15,
"Denial or Termination of Assistance."
See Glossary for other terminology.
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Chapter 2
ELIGIBILITY FOR ADMISSION
INTRODUCTION
This Chapter defines both HUD's and the HA's criteria for admission and denial of admission to
the program. The policy of this HA is to strive for objectivity and consistency in applying these
criteria to evaluate the eligibility of families who apply. The HA staff will review all information
provided by the family carefully and without regard to factors other than those defined in this
Chapter. Families will be provided the opportunity to explain their circumstances,to furnish
additional information, if needed, and to receive an explanation of the basis for any decision
made by the HA pertaining to their eligibility.
The Housing Authority will admit an eligible applicant for participation in the Section 8
Certificate or Voucher program ei$ier(1) as a"special admission" as defined by the Section 8
Policy Manual and HUD regulations. Except for special admission,participants will be selected
from the Housing Authority Waiting List. The order of admission from the waiting list will not
be based on family size, or on the family unit size for which the family qualifies under HACCC
Occupancy standards. If the HACCC does not have sufficient funds to subsidize a family unit
size of the family at the top of the waiting list, the Housing Authority will not skip the top family
to admit an applicant with a smaller family unit size. Instead, the family at the top of the waiting
list will be admitted when sufficient funds are available.
Eligibility Factors
To be eligible for participation, an applicant must meet HUD's criteria, as well as any
permissible additional criteria established by the HA.
The HUD eligibility criteria are:
An applicant must be a"family"
An applicant must be within the appropriate Income Limits
An applicant must furnish Social Security Numbers
An applicant must furnish evidence of Citizenship/Eligible Immigrant Status
For the HA's additional criteria for eligibility, see Section E,"Other Criteria for Admission."
The Family's initial eligibility for placement on the waiting list will be made in accordance with
the eligibility factors. Evidence of Citizenship/Eligible Immigrant Status will not be verified
until the family is selected from the waiting list for issuance of a Certificate or Voucher.
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A. FAMILY COMPOSITION [24 CFR 982.54(d)(4)(i)]
The applicant must qualify as a Family. A Family may be a single person or a group of persons.
[Discrimination on the basis of familial status is prohibited, and a group of persons may not be
denied solely on the basis that they are not related by blood, marriage or operation of law.]
A Family is a group of two or more persons who regularly live together. A family may also be a
single person or group of persons. A family includes a family with a child or children. In other
words, a family may be any of the following:
* A single person.
* Two or more persons who intend to share residency whose income and resources are
available to meet the family's needs.
* Two or more persons who intend to share residency whose income and resources are
available to meet the family's needs and who have a history as a family unit or show
evidence of a stable family relationship.
Two or more elderly or disabled persons living together, or one or more elderly or
disabled persons living with one or more persons who are determined to be essential to
his/her care and wellbeing, is a family.
A child who is temporarily away from home because of placement in foster care is
considered a member of the family. This provision only pertains to the foster child's
temporary absence from the home, and is not intended to artificially enlarge the space
available for other family members.
A single person may be:
An elderly person
A displaced person
A person with a disability
Any "other single"person
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Head of Household
The head of household is the adult member of the household who is designated by the family as
head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a
lease under State/local law. Emancipated minors who qualify under State law will be recognized
as head of household.
* A family may designate an elderly or disabled family member as head of household solely to
qualify the family as an Elderly Household, provided that the person is at least partially
responsible for paying the rent.
Spouse of Head
Spouse means the husband or wife of the head.
For proper application of the Noncitizens Rule, the definition of spouse is: the marriage partner
who, in order to dissolve the relationship, would have to be divorced. It includes the partner in a
common law marriage. The tern-:spouse" does not apply to boyfriends, girlfriends, significant
others, or co-heads.
Live-In Attendants
A Family may include a live-in aide provided that such live-in aide:
Is determined by the HA to be essential to the care and well being of an elderly person, a
near-elderly person, or a person with disabilities,
Is not obligated for the support of the person(s), and
Would not be living in the unit except to provide care for the person(s).
A live-in aide is treated differently than family members:
1. Income of the live-in aide will not be counted for purposes of determining
eligibility or level of benefits.
2. Live-in aides are not subject to Non-Citizen Rule requirements.
3. Live-in aides may not be considered as a remaining member of the tenant family.
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Relatives are not automatically excluded from being live-in aides, but they must meet all of the
elements in the live-in aide definition described above.
Family members of a live-in attendant may also reside in the unit providing doing so does not
increase the subsidy by the cost of an additional bedroom and that the presence of the live-in's
family members does not overcrowd the unit.
A Live in Aide may only reside in the unit with the approval of the HA. Written verification will
be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case
worker. The verification provider must certify that a live-in aide is needed for the care of the
family member who is elderly,near-elderly (50-61) or disabled.
* Verification must include the hours the care will be provided.
The HA has the right to disapprove a request for a live-in aide based on the "Other Criteria for
Eligibility"described in this Chapter(Section E).
Split Households Prior to Certificate/Voucher Issuance
When a family on the waiting list splits into two otherwise eligible families due to divorce or
legal separation, and the new families both claim the same placement on the waiting list, and
there is no court determination, the HA will make the decision taking into consideration the
following factors:
* 1. Which family member applied as head of household.
* 2. Which family unit retains the children or any disabled or elderly members.
* 3. Restrictions that were in place at the time the family applied.
* 4. Role of domestic violence in the split.
* 5. Recommendations of social service agencies or qualified professionals such as
children's protective services.
*Documentation of these factors is the responsibility of the applicant families. If either or both of
the families do not provide the documentation,they may be denied placement on the waiting list
for failure to supply information requested by the HA.
* In cases where domestic violence played a role, the standard used for verification will be the
same as that required for the "displaced due to domestic violence" preference.
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Multiple Families in the Same Household
When families apply which consist of two families living together, (such as a mother and father,
and a daughter with her own husband or children), if they apply as a family unit, they will be
treated as a family unit.
Joint Custody of Children
* Children who are subject to a joint custody agreement but live with one parent at least 51% of
the time will be considered members of the household. "51%of the time" is defined as 183 days
of the year, which do not have to run consecutively:
* When both parents are on the Waiting List and both are trying to claim the child, the parent
whose address is listed in the school records will be allowed to claim the school-age child as a
dependent.
B. INCOME LIMITATIONS [24 CFR 813.106, 982.201 (b) (d), 982.54(d)(4)(ii)J
In order to be eligible for assistance, an applicant must be either:
A very low-income family; or
A low-income family in any of the following categories:
A low-income family that is continuously assisted under the 1937 Housing Act. A
family is considered continuously assisted if it experiences a break in assistance of
no more than 30 days. Programs include public housing, all Section 8 programs,
all Section 23 programs.
A low-income family physically displaced by rental rehabilitation activity under
24 CFR part 511.
A low-income non-purchasing family residing in a HOPE 1 or HOPE 2 project.
A low-income non-purchasing family residing in a project subject to a
homeownership program under 24 CFR 248.173.
A low-income family displaced as a result of the prepayment of a mortgage or
voluntary termination of a mortgage insurance contract under 24 CFR 248.165.
A low-income family residing in a HUD-owned multifamily rental housing
project when the project is sold, foreclosed or demolished by HUD. (Certificate
program only.)
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To determine if the family is income-eligible, the HA compares the Annual Income of the family
to the applicable income limit for the family's size.
Families whose Annual Income exceeds the income limit will be denied admission and offered
an informal review.
For admission to the program (initial lease-up), the family must be within the very low income
limit of the jurisdiction where they want to live.
Verification of eligibility: The Housing Authority must receive information verifying that an
applicant is eligible within the period of sixty(60) days before the Housing Authority issues a
certificates or voucher to the applicant. Housing Assistants calculate Total Tenant Payment,
based on verified income information. The calculations are checked and verified by the Housing
Manager. Periodic audits are conducted to insure ongoing accuracy of the calculations.
Portability For initial lease-up, families who exercise portability must be within the very low
income limit for the jurisdiction of the receiving HA in which they want to live.
Participant families who exercise portability, and request or require a change in their form of
assistance, must be within the low income limit of the receiving HA if they are to receive the
alternate form of assistance.
C. MANDATORY SOCIAL SECURITY NUMBERS [24 CFR 750.10 (a-f)]
Families are required to provide verification of Social Security Numbers for all family members
age 6 and older prior to admission, if they have been issued a number by the Social Security
Administration. This requirement also applies to persons joining the family after admission to the
program.
Failure to furnish verification of social security numbers is grounds for denial or termination of
assistance.
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D CITIZENSHIPIELIGIBLE IMMIGRATION STATUS [24 CFR 812.51
In order to receive assistance, a family member must be a U.S. citizen or eligible immigrant.
Individuals who are neither may elect not to contend their status. Eligible immigrants are persons
who are in one of the six immigrant categories as specified by HUD.
For the Citizenship/Eligible Immigration requirement,the status of each member of the family is
considered individually before the family's status is defined.
Mixed Families. A family is eligible for assistance as long as at least one member is a citizen or
eligible immigrant. Families that include eligible and ineligible individuals are called"mixed".
Such applicant families will be given notice that their assistance will be pro-rated and that they
may request a hearing if they contest this determination.
No eligible members. Applicant families that include no eligible members will be ineligible for
assistance. Such families will be denied admission and offered an opportunity for a hearing.
Non-citizen students defined by HUD in the Noncitizen regulations are not eligible for
assistance.
Appeals. For this eligibility requirement only, the applicant is entitled to a hearing exactly like
those provided for participants.
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E. OTHER CRITERIA FOR ADMISSION [24 CFR 982.552 (b)]
The HA may apply the following criteria, in addition to the HUD eligibility criteria, as grounds
for denial of admission to the program.
* 1. Certificate Program family's Total Tenant Payment, computed in accordance with
the federal regulations, may not exceed the current Fair Market Rent as set by
HUD for the family's certificate size in the area.
2. The Family must have not have violated any family obligation during a previous
participation in the Section 8 program.
When the HA denies assistance to an applicant with a disability,the applicant
may request a review of the family obligation that was violated, if the violation
was a result of the disability.
* An exception may be granted by the HA if the family member who violated the
family obligation is not a current member of the household on the application.
3. No family member may have committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal housing program.
4. The family must have paid any outstanding debt owed the HA or another HA as a
result of prior participation in any federal housing program. A Repayment
Agreement may be executed, but the amounts owed to the HA must be paid in full
prior to final eligibility determination.
5. No member of the family may have engaged in drug related or violent criminal
activity. Verification of any past activity will be completed by final eligibility
and may include a criminal records check.
6. No family member may have been evicted from public housing.
7. No family member may have engaged in or threatened abusive or violent behavior
toward HA personnel.
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F. SUITABILITY OF FAMILY [24 CFR 982.202 (b) (1)]
The HA may take into consideration any of the additional criteria for admission in Section E
above, but may not otherwise screen for factors which relate to the suitability of the applicant
family as tenants. It is the responsibility of the owner to screen the applicants as to their
suitability for tenancy.
The HA will advise families how to file a complaint if they have been discriminated against by
an owner. The HA will advise the family to make a Fair Housing complaint. The HA could also
report the owner to HUD (Fair Housing/Equal Opportunity) or the local Fair Housing
Organization.
G. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE OF THE
CONTRACT
Changes that occur during the period between placement on the waiting„list and issuance of a
certificate or voucher may affect.tbe,family's eligibility or Total Tenant Payment. For example,
if a family goes over the income limit prior to lease up, the applicant will not continue to be
eligible for the program. They will be notified in writing of their ineligible status and their right
to an informal review.
H. INELIGIBLE FAMILIES
An applicant who does not sign and submit consent forms (and have all adult household
members sign and submit consent forms) as required by the agency's policies and HUD
regulations, will be ineligible.
Families who are determined to be ineligible will be notified in writing of the reason for denial
and given an opportunity to request an informal review, or an informal hearing if they were
denied due to Noncitizen status. See Chapter 19, "Complaints and Appeals” for additional
information about reviews and hearings.
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Chapter 3
APPLYING FOR ADMISSION
INTRODUCTION
The policy of the HA is to ensure that all families who express an interest in housing assistance
are given an equal opportunity to apply, and are treated in a fair and consistent manner. This
Chapter describes the policies and procedures for completing an initial application for assistance,
placement and denial of placement on the waiting list, and limitations on who may apply. The
primary purpose of the intake function is to gather information about the family,but the HA will
also utilize this process to provide information to the family so that an accurate and timely
decision of eligibility can be made. Applicants will be placed on a centralized, county-wide
waiting list in accordance with this Plan.
A. HOW TO APPLY
Families who wish to apply for any of the HA's programs must complete a written application
form when application-taking is open. Applications will be made available in an accessible
format upon request from a person with a disability.
The application process will involve two phases. The first is the "initial" application for
—�_ assistance (referred to as a preapplication). This first phase results in the family's placement on
the waiting list.
The second phase is the "final determination of eligibility" (referred as the full application). The
full application takes place when the family reaches the top of the waiting list. At this time the
HA ensures that verification of all HUD and HA eligibility factors is current in order to
determine the family's eligibility for the issuance of a certificate or voucher.
B OPENING/CLOSING OF APPLICATION TAKING [24 CFR 982.206, 982.54(d)(1)]
The HA will utilize the following procedures for opening the waiting list.
When the HA opens the waiting list,the HA will advertise through public notice in the following
newspapers,minority publications and media entities. location(s), and programs) for
which applications are being accepted in the major dailies and local special interest
newspapers, and other media.
The notice will contain:
The dates,times, and the locations where families may apply.
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The programs for which applications will be taken.
A brief description of the program.
A statement that public housing residents must submit a separate application if they want
to apply for section 8.
Limitations, if any, on who may apply.
The notices will be made in an accessible format if requested. They will provide potential
applicants with information that includes the HA.address and telephone number, how to submit
an application, information on eligibility requirements, and the availability of preferences.
When Application Taking Is Suspended
The HA may suspend the acceptance of applications if there are enough Preference holders to fill
anticipated openings for a significant period of time. The waiting list may not be closed if it
would have a discriminatory effect'inconsistent with applicable civil rights laws.
Any time that there are not enough applicants who claim a preference, the HA may reopen the
list only to applicants who claim a preference.
* Suspension of application taking is announced in the same way as opening the waiting
list.
The open period shall be long enough to achieve a waiting list adequate to cover projected
turnover and new allocations over the next 24 months. The HA will give two weeks
notice prior to opening or closing the list. When the period for accepting applications is
over, the HA will add the new applicants to the list by separating the new applicants into
groups based on preferences and ranking applicants within each group by date and time
of application.
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Limits on Who May Annly
When the waiting list is open,
* Any family asking to be placed on the waiting list for Section 8 rental assistance will be
given the opportunity to complete an application. However,if there are sufficient
applications from elderly families, disabled families, and displaced singles,
applications will not be accepted from Other Singles.
When the application is submitted to the HA:
* It establishes the family's date and time of application for placement order on the
waiting list.
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C. "INITIAL" APPLICATION PROCEDURES [24 CFR 982.204 (b)]
The HA will utilize a preliminary-application form (pre-application). The information is to be
filled out by the applicant whenever possible. To provide specific accommodation to persons
with disabilities, the information may be completed by a staff person over the telephone. It may
also be mailed to the applicant and, if requested, it will be mailed in an accessible format.
The purpose of the preapplication is to permit the HA to preliminarily assess family eligibility or
ineligibility and to determine placement on the waiting list. The preapplication will contain
questions designed to obtain the following information:
Names of adult members and-age of all members
Sex and relationship of all members
Street Address and phone numbers
Mailing Address (If PO Box or other permanent address)
Amount(s) and source(s) of income received by household members
Information regarding Disabilities relating to program requirements (i.e., deductions)
Information related to qualification for preferences
Social Security Numbers
Race/ethnicity
Citizenship/eligible immigration status
Drug Related or Violent Criminal Activity History
Request for Specific Accommodation needed to fully utilize program and services
* Previous address
* Current and previous landlords names and addresses
* Emergency contact person and address
* Program integrity questions regarding previous participation in HUD programs
Duplicate applications, including applications from a segment of an applicant household, will not
be accepted. Ineligible families will not be placed on the waiting list.
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Preapplications will not require an interview. The information on the application may not be
verified until the applicant has been selected for final eligibility determination. Final eligibility
will be determined when the full application process is completed and all information is verified.
Applicants are required to inform the HA in writing within 30 days of changes in family
composition, income, and address, as well as any changes in their Preference status. Applicants
are also required to respond to requests from the HA to update information on their application,
or to determine their continued interest in assistance.
Failure to provide information or to respond to mailings will result in the applicant being
removed from the waiting list. See Chapter 19, "Complaints and Appeals"
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D. NOTIFICATION OF APPLICANT STATUS
If after a review of the preapplication the family is determined to be preliminarily eligible, they
will be notified in writing, in an accessible format upon request, as a reasonable accommodation.
The notice will contain the approximate date that assistance may be offered, and will further
explain that the estimated date is subject to factors such as turnover and additional funding.
This written notification of preliminary eligibility will be: mailed to the applicant
by first class mail.
If the family is determined to be ineligible based on the information provided in the
preapplication,the HA will notify the family in writing (in an accessible format upon request as a
reasonable accommodation), state the reason(s), and inform them of their right to an informal
review. Persons with disabilities may request to have an advocate attend the informal review as
an accommodation. See Chapter 19, "Complaints and Appeals."
E. TIME OF SELECTION
When funding is available, families will be selected from the waiting list in their preference-
determined sequence, regardless of family size.
When there is insufficient funding available for the family at the top of the list, the HA will not
admit any other applicant until funding is available for the first applicant. Applicants will not be
passed over on the waiting list.
A pool of completed eligible applicant files will be maintained to minimize delays in
admissions when funding becomes available. However, families are still offered certificates
or vouchers in the waiting list sequence.
Based on the HA's-turnover and the availability of funding, groups of families will be
selected from the waiting list to form a final eligibility "pool." Selection from the pool will
be based on waiting list sequence/completion of verification.
F. COMPLETION OF A FULL APPLICATION
All Preferences claimed on the preapplication or while the family is on the waiting list will be
verified:
* Upon receipt of the preliminary application and prior to placement on the waiting
list
* After the family is selected from the waiting list, and prior to completing the full
application
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* Whenever the family claims a preference
The qualification for preference must exist at the time the preference is verified regardless of
the length of time an applicant has been on the waiting list because the preference is based on
current status.
After the preference is verified, when the HA is ready to select applicants, applicants will be
required to:
* Participate in a full application interview with an HA representative during which
the applicant will be required to furnish complete and accurate information
verbally as requested by the interviewer. The HA interviewer will complete the full
application form with answers supplied by the applicant. The applicant will sign
and certify that all information is complete and accurate.
The full application will be mailed/communicated as requested as an accommodation to a person
with a disability in advance,ta-be-return completed when the applicant attends the interview].
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Requirement to Attend Interview
The HA utilizes the full application interview to discuss the family's circumstances in greater
detail, to clarify information which has been provided by the family, and to ensure that the
information is complete. The interview is also used as a vehicle to meet the informational needs
of the family by providing information about the application and verification process, as well as
to advise the family of other HA services or programs which may be available. All adult family
members are required to attend the interview and sign the housing application.
It is the applicant's responsibility to reschedule the interview if s/he misses the appointment. If
the applicant misses scheduled meetings,the HA will reject the application. If an applicant fails
to appear for an interview without prior approval of the HA,their application will be denied
unless they can provide acceptable documentation to the HA that an emergency arose.
Reasonable accommodation will be made for persons with a disability who requires an advocate
.or accessible offices. A designee will be allowed to provide some information, but only with
permission of the person with a disability.
If an application is denied due to failure to attend the full application interview,the applicant will
be notified in writing and offered an opportunity to request an informal review. (See Chapter 19,
"Complaints and Appeals.")
All adult members must sign the HUD Form 9886, Release of Information, the application form
and all supplemental forms required by the HA, the declarations and consents related to
citizenship/immigration status and any other documents required by the HA. Applicants will be
required to sign specific verification forms for information which is not covered by the HUD
form 9886. Failure to do so will be cause for denial of the application for failure to provide
necessary certifications and release as required by the HA.
Information provided by the applicant will be verified including information related to family
composition, income, allowances and deductions, assets, eligible immigration status, full time
student status and other factors related to preferences, eligibility and rent calculation.
Verifications may not be more than 60 days old at the time of certificate/voucher issuance.
If the HA determines at or after the interview that additional information or document(s) are
needed,the HA will request the document(s) or information in writing. The family will be given
10 days to supply the information.
If the information is not supplied in this time period,the HA will provide the family a
notification of denial for assistance. (See Chapter 19, "Complaints and Appeals.")
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G SELECTION OF CERTIFICATE OR VOUCHER [24 CFR 982.205 (c)(2)]
The HA provides an explanation of the differences between the Certificate and Voucher
programs orally and/or in writing, and the applicant is asked to specify which type of assistance
they prefer, and to indicate if they would accept the other form of assistance.
The family must decide on which form of assistance (Certificate or Voucher)they prefer. If the
form of assistance preferred is available, it will be offered to the applicant.
The applicant may refuse the first form of assistance offered and retain their place on the waiting
list until the other form of assistance is available. If the applicant then refuses the other form of
assistance, they will be rejected and*iheir name removed from the waiting list. (See Chapter 19,
"Complaints and Appeals")
H. FINAL DETERMINATION AND NOTIFICATION OF
ELIGIBILITY
After the verification process is completed, the HA will make a final determination of eligibility.
This decision is based upon information provided by the family,the verification completed by
the HA, and the current eligibility criteria in effect. If the family is determined to be eligible, the
HA will mail a notification of eligibility. A briefing will be scheduled for the issuance of a
certificate or voucher and the family's orientation to the housing program.
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Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
INTRODUCTION
It is the HA's objective to ensure that the families are placed in the proper order on the waiting
list so that an offer of assistance is not delayed to any family, or made to any family prematurely.
This chapter defines the eligibility criteria for Preferences and explains the HA's system of
applying them.It also explains the ranking and/or local preference criteria which the HA has
adopted to meet local housing needs. By maintaining an accurate_waiting list,the HA will be
able to perform the activities which ensure that an adequate pool of qualified applicants will be
available so that program funds are used in a timely manner.
It is the Housing Authority's poli y3 to accept and process applications for the Section 8 Rental
Assistance Program following applicable HUD Handbooks and Regulations. When the
Authority receives new increments of Section 8 Certificates or Vouchers, applications will be
taken by phone. Applications for the special sub-programs, such as Rental Rehabilitation, may
be filed in person at the Housing Authority Field Offices. Applications for the Moderate
Rehabilitation Program(Mod Rehab)are handled at the Central Waiting List Office. The
Authority will take applications from all persons apparently eligible for Section 8 assistance,
unless the waiting list is so oversubscribed that it is likely that only those with preferences will
be helped over the next year. if the waiting list is open,the Housing Authority will not refuse to
take applications from apparently eligible families unless there is good cause for not accepting
applications (such as a denial of assistance because of action or inaction by the family) for
grounds specified in the HACCC Section 8 Policy Manual and HUD regulations.
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All applications will be placed on a centralized, county-wide waiting list based on applicable
preferences for applicant selection, and the time and date of filing. The Authority places all
Section 8 applicants on the same waiting list, noting each applicant's preferences for a Certificate
or Housing Voucher. Applicants will be notified of how long they may expect to be on the
waiting list before being offered assistance. It is Housing Authority policy to administer the
waiting list in a way that is consistent with the objectives of Title VI of the Civil Rights Act of
1964 and HUD implementing regulations. The Central Waiting List/Portability Office maintains
the Section 8, Public Housing and Mod Rehab waiting lists.
Opening the Waiting List
The Section 8 Waiting List is currently closed. When the Housing Authority opens the waiting
list, it will give public notice in accordance with the policy outlined in the section"Program
Outreach" in Chapter 1 of this plan.
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A. ORGANIZATION OF WAITING LIST
The Housing Authority maintains information that permits it to select participants from the
waiting list in accordance with admissions policies established in the Section 8 Policy Manual.
The waiting list must contain the following information for each applicant listed: (1) applicant
name; (2) family size(number of bedrooms the family qualifies for under HACCC's Occupancy
Standards); (3) qualification for a Preference; (4) qualification for a local ranking and(5) racial
or ethnic designation of the head of household.
The waiting list will be maintained in accordance with the following guidelines:
1. The application will 667a permanent file
2. All applicants in the pool will be maintained in order of preference.Applications
equal in preference will be maintained by date and time sequence.
3. All applicants must meet"Very Low Income" eligibility requirements as
established by HUD.Any exceptions;to:these requirements,,other than those outlined in Chapter
2,"Eligibility for Admission,"must have been approved previously by the HUD Field Office
Special Admissions
If HUD awards the Housing Authority program funding that is targeted to families living in
specified units:(1)The Housing Authority must use the assistance for the families living in such
units and (2) The Housing Authority may admit a family that is not on the Housing Authority
waiting list or without considering the family's waiting list-position. HACCC must keep records
showing that the family was assisted with HUD targeted assistance.
Examples of HUD-targeted funding include the following:
* A family displaced because of the demolition or disposition'of a public housing project;
* A family residing in a multifamily rental housing project when HUD sells, forecloses,
or demolishes the project
* A family residing in a project covered by a project-based Section 8 contract at or near
the end of the term; and other examples detailed in the agency See 8 manual(Chapter 3,page 3).
B. WAITING LIST PREFERENCES
An applicant will not be granted any preference if any member of the family has been evicted
from any federally assisted housing during the past three years.because of.drug-related or violent
criminal activity.
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In determining whether to deny assistance based on drug-related or violent criminal activity, the
Housing Authority will exercise its discretion. The Authority may deny or terminate assistance if
evidence shows that a family member has engaged in such activity despite whether the family
member has been arrested or convicted. The HACCC will consider all of the circumstances
in each case including the seriousness of the offense and the effects that the denial or termination
would have on family members not involved in the activity. In appropriate cases,the HACCC
may permit remaining members of the family to continue receiving assistance and may impose a
condition that family members engaged in the proscribed activities will not reside in the unit
and/or require a family member who has engaged in the illegal use of drugs to submit evidence
of successful completion of a treatment program as a condition of being allowed to reside in the
assisted unit. The Housing Authority will employ the considerations described in this section as
warranted by the factual situation.
If an applicant makes a false.statement in order to qualify fora preference,the Housing Authority
will deny admission to the program for the family.
Types of Applicants With Preferelice Over"Other Singles":
Applicants who are elderly or disabled households(whether single or not) and single persons
displaced by government action will be given a selection priority over all"Other Single"
applicants regardless of preference status.
"Other Singles" denotes a one-person household in which the individual member is neither
elderly, disabled, or displaced by government action. Such applicants will be placed on the
waiting list in accordance with their preferences,but can not be selected for assistance before any
elderly family, disabled.family or displaced single regardless of preferences.
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C. FEDERAL PREFERENCE CATEGORIES [24 CFR 982.211-213]
Applicants who are entitled to a preference by Federal regulations prior to January, 1996 include
those:
Involuntarily displaced.
Currently living in substandard housing (including homeless families).
Currently paying more than 50%of their income for rent and utilities ("Rent Burden").
Descriptions of these Preferences and their"definitional elements"(or sub-categories)follows.
The Authority has chosen to assign each of the three federal preference categories equal weight.
The three categories will not be.combines or aggregated in any manner. Applicants are
considered on the basis of any federal preferences they can verify.
Involuntary Displacement - ,
Involuntarily Displaced applicants are applicants who have been involuntarily displaced and are
not living in standard,permanent replacement housing,or will be involuntarily displaced within
no more than six months from the date of preference status certification by the
family/verification by the HA: E;
Families are considered to be involuntarily displaced if they are required to vacate housing as a
result of
1. A disaster(fire, flood, earthquake,etc.)that has caused the unit to be uninhabitable.
2. Federal, state or local government action related to code enforcement, public
improvement or development.
3. Action by a housing owner which is beyond an applicant's ability to control,and which
occurs despite the applicant's having met all previous conditions of occupancy, and is
other than a rent increase.
If the owner is an immediate family relative-and there has ibeen'no previous rental
agreement and:the:applicant has'been part of the o*her's famR immediately prior
to application,the applicant will not be considered involuntarily db 1p aced.
41
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For purposes of this definitional element, reasons for an applicant's having to vacate a
housing unit include, but are not limited to:
Conversion of an applicant's housing unit to non-rental or non-residential use;
Closure of an applicant's housing unit for rehabilitation or non-residential use;
Notice to an applicant that s/he must vacate a unit because the owner wants the
unit for the owner's personal or family use or occupancy;
Sale of a housing unit in which an applicant resides under an agreement that the
unit must be.vacant when possession is transferred; or
Any other legally authorized act that results, or will result, in the withdrawal by
the owner of the unit or structure from the rental market.
4. Actual or threatened-physical violence directed against the applicant or the applicant's
family by a spouse or other-household member who lives in the-unit with-the,family. Y- =
The actual or threatened violence must have occurred within the past 30 days or be of a
continuing nature.
An applicant who lives in a violent neighborhood or is fearful of other violence outside
the household is not considered involuntarily displaced.
To qualify for this preference,the abuser must have been a resident in the unit from
which the victim was displaced. The applicant must certify that the abuser will not reside
with the applicant unless the HA gives prior written approval.
If the abuser returns to the family without approval of the HA, the HA will deny or
terminate assistance for breach of the certification.
The,HA will take precautions to ensure that the new location of the family is
concealed in cases of domestic abuse.
5. To avoid reprisals because the family provided information on criminal activities to a law
enforcement.agency and,after a threat assessment,°the law enforcementagency
;.reeommends rehousing therfamily-,to;avoid or redapd risk_of,violence against,the airily.
The family must be part of a:'Witness Protecti6nTrogram,or the'EIUD OiM a or law
enforcement agency must have informed the HA that the family is part;of a.-,
similar
program.'
The HA will take precautions to ensure that the new location_of the family is =
concealed in cases of witness.protection -
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6. Displacement by hate crimes if a member of the family has been the victim of one or
more hate crimes, and the applicant has vacated the unit because of the crime or the fear
of such a crime has destroyed the applicant's peaceful enjoyment of the unit.
A hate crime is actual or threatened physical violence or intimidation that is
directed against a person or his property and is based on the person's race, color,
religion,sex,national origin, disability or familial status including sexual
orientation and occurred within the last 30 days or is of a continuing nature.
7. Displacement by non-suitability of the unit when a member of the family has a mobility
or other impairment that makes the person unable to use critical elements of the unit and
the owner is not legally obligated to make changes to the unit.
8. Due to HUD disposition of a multifamily project under Section 203-of the Housing and
Community Development Amendments of 1978:
Standard Replacement Housing-�, . ,
In order to receive the displacement preference,applicants who have been displaced must not be
living in"standard, permanent replacement housing."
Standard replacement housing is defined as housing that is decent, safe and sanitary according to
federal Housing Quality Standards(HQS),that is adequate for the family size according to
-_: HUD, and that the family is occupying pursuant to a written or oral lease or occupancy
agreement.
Standard replacement housing does not include transient facilities, hotels, motels, temporary
shelters, and (in the case of Victims of Domestic Violence)housing occupied by the individual
who engages in such violence. It does not include any individual imprisoned or detained pursuant
to State Law or an Act of Congress.
Rent Burden
Families paying more than 50%of their income for rent and utilities for at least 90 days
commencing before they were selected from the Waiting List and continuing through the
verification of preference will receive this preference.
"Rent"is defined as the actual amount due under a lease or occupancy agreement calculated on a
monthly basis without regard to the amount actually paid,plus the monthly amount of tenant-
supplied
enantsupplied utilities which can be either:
1. The HA's reasonable estimate of the cost of.such utilities.using the Section 8 Utility
Allowance Schedule;or
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2. The average monthly payments the family actually made for these utilities in the most recent
12-month period, or if information is not obtainable for the entire period, the average of a least
the past quarter(four months).
To qualify for the rent burden preference,the applicant must pay rent directly to the landlord or
agent.
D INITIAL DETERMINATION OF FEDERAL PREFERENCE QUALIFICATION
[24 CFR 982.210 (c)(3)]
At the time of application,an applicant's entitlement to a Federal Preference may be made on the
basis of
An applicant's certification that they qualify for a preference will be accepted
without verification..When the family is selected from the waiting list for the final
determination of eligibility,the preference will be verified. .
If the preference verification indicates that an applicant does not qualify<for the-preference,the
applicant will be returned to the waiting list and ranked without the Preference and given an
opportunity for a meeting.
Again,the Federal preferences are assigned to those:
-Paying more than 50% of monthly income for rent
-Living in substandard housing(including families who are
homeless or living in a shelter for the homeless)
-Involuntarily displaced
{
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E. RANKING PREFERENCES [24 CFR 982.208, 982.210 (b)]
Ranking preferences are used to prioritize applicants within the Qualifying preferences.
These categories will receive a ranking.preference:
Residency Preference: Applicants who either live, work or have been hired to work in the
jurisdiction of the HA. (Residents of the cities of Pittsburg and Richmond do not qualify
for this residency preference because each has a housing authority running a Section 8
program.
Veteran Preference: Current members of the military,veterans,or surviving
spouses/families of veterans. Those dishonorably discharged are not eligible for veterans
preference. ...
Families who are graduates of or active participants,in educational and training programs 'designed
to prepare persons for the job market. Families with at least one adult who is employed.
This preference is extended*bqually to elderly families or families whose tead'or-spouse
is receiving income based on their inability to work.
F. LOCAL PREFERENCES [24 CFR 982.208, 982.209]
The Authority has also chosen to adopt the following as local preferences:
Residency Preference: Applicants who either live, work or have been hired to work in the
jurisdiction of the HA. (Residents of the cities of Pittsburg and Richmond do not qualify
for this residency preference because each has a housing authority running a Section 8
program.
Veteran Preference: Current members of the military,veteraris, or surviving
spouses/families of veterans. Those dishonorably discharged are not eligible for veterans
preference.
Families who are graduates of or active participants in educational and training programs
designed to prepare persons for the job market.
Families with at least one adult who is employed.This preference-is extended equally to
elderly families or families whose head or spouse is receiving income based on their
inability to work.
Single individuals: In'accordance with federal regulations(24 CFR 812.3)the Authority
will extend preference to Elderly Families:(including Disabled Persons and Handicapped
Persons)and Displaced Persons over other Single Persons.
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Order of Selection:
Applicants will be placed on the wait list in accordance with the above described
preferences. As a result the Housing Authority will issue applicants on the wait list
Certificates/Vouchers in the following sequential order:
1 Families with Federal Preference-Contra Costa County Residents
2 Families with Federal Preferences -Veterans
3 Families with Federal Preferences-Working
4 Families with Federal Preference-Job Training
5 Families with Federal Preference-No Ranking Preference
6.. Families with-No Federal.Preference.-°Contra Costa County Residents
7 Families with No Federal Preference-Veterans
8 Families with No Federal Preference-Working
9 Families with No Federal Preference-Job Training
10 Families with No Federal.Preference-No local preference
11 Single Persons with Federal Preference
12 SinglePersons,with no Fed eral:Preference
The HA does exercise its ability to waive qualifying preference policy for 50%of applicants
admitted each fiscal year.
If there are no federal preference holders available for admission,there is no local preference
limit. A public hearing must be held before the HA adopts any local preference.
a �csfv4'. caz.c- -
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G. EXCEPTIONS FOR SPECIAL ADMISSIONS [24 CFR 982.203, 982.54(d)(3)]
If HUD awards an HA program funding that is targeted for specifically named families, the HA
will admit these families under a Special Admission procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do
not have to qualify for any preferences, nor are they required to be on the program waiting list.
They are not counted in the limit on non-federal preference admissions. The HA maintains
separate records of these admissions.
The following are examples of types of program funding that maybe designated by HUD for
families living in a specified unit:
1. A family displaced because of demolition or disposition of a public or Indian housing
project;
2. A family residing in a multifamily rental housing project when HUD sells, forecloses or
demolishes the project;
3. For housing covered by the Low Income Housing Preservation and Resident
Homeownership Act of 1990;
4. A family residing in a project covered by a project-based Section 8 HAP contract at or
near the end of the HAP contract term; and
5. A non-purchasing family residing in a HOPE 2 or HOPE 2 project.
H. TARGETED FUNDING
When HUD awards special funding for certain family types, families who qualify are placed on
the regular waiting list. When a specific type of funding becomes available,the waiting list is
ears ed for the first available family meeting the targeted funding criteria.
The HA has the following"Targeted"Programs:
*Family Reunification
*Family Self Sufficiency
*Homeless Assistance Program
* Shared Housing
*.Shelter,Plus Care
*Rental Rehab Program
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I. PREFERENCE ELIGIBILITY [24 CFR 982.210 (c) (3-4)]
Change in Circumstances
Changes in an applicant's circumstances while on the waiting list may affect the family's
entitlement to a preference. Applicants are required to notify the HA in writing when their
circumstances change. When an applicant claims an additional preference, s/he will be placed on
the waiting list in the proper order of their newly-claimed preference.
Cross-Listing of Public Housing and Section 8 .
The HA will not merge the waiting lists for.public housing and Section 8.However,if the
Section 8 waiting list is open when the applicant is placed on the public housing list,the HA
must offer to place the family on both lists. If the public housing waiting list is open at the time
an applicant applies for Section 8,the HA must offer to place the family on the public housing
waiting list.
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J. ORDER OF SELECTION [24 CFR 982.207 (e), 982.210 (a)(b)]
The order of selection is based on the HA's system for weighing preferences and the HUD
requirement that elderly and disabled families and displaced singles will always be selected
before other singles.
Federal Preferences
The HA has selected the following system to apply the qualifying preferences and ranking local
preferences:
1 All applicants who qualify for one or more of the qualifying preference
categories will be weighted as outlined on page 8 of this chapter.
2. Ranking preferences will be ranked as listed as outlined on page 8.
Among Applicants with Equal Preference Status
Among applicants with equal preference status,the waiting list will be organized by date and
time.
Under the singles rule, elderly and disabled families and displaced singles will always be
selected before other singles without regard to preference status.
K. FINAL VERIFICATION OF PREFERENCES [24 CFR 982.210 (c) (3)(4)]
Preference information on applications will be updated as applicants are selected from the
waiting list. At that time, the HA will: '
Obtain necessary verifications of family's preference claim at the interview and
mail third party verifications as applicable.
L PREFERENCE DENIAL [24 CFR 982.210(d)]
If the HA denies a preference,the HA will notify the applicant in writing of the reasons why tine
preference was denied and offer the applicant an opportunity for an informal meeting.If
requested,the applicant may also appeal the preference denial through a separate review process,
not the informal review procedure used to review denial. If the denial is upheld as a result of the
review,or the applicant does not request a review,the applicant will be placed on the waiting list
without benefit of the preference.Applicants may exercise other rights if they believe they have
been discriminated against.
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* If the applicant falsifies documents or makes false statements in order to qualify for any
preference, they will be removed from the Waiting List.
M REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204 (c)]
If an applicant fails to respond to a mailing from the HA, the applicant will be sent written
notification and given 30 days to contact the HA.If they fail to respond within 30 days they will
be removed from the waiting list. An extension will be considered an accommodation if
requested by a person with a disability. If a letter is returned by the Post Office without a
forwarding address,the applicant will be removed without further notice,and the envelope and
letter will be maintained in the file.If a letter is returned with a forwarding address,it will be re-
mailed to the address indicated.
If an applicant is removed from the waiting list for failure to respond,they will not be entitled to
reinstatement unless by the instruction of the Director of Housing Operations.
The waiting list will be purged quarterly by a mailing to all applicants to ensure that the waiting
list is current and accurate.The mailing will ask for current information and confirmation of
continued interest.
Applicants are required to contact the HA in writing when there is a change of address to confirm
their continued interest. The HA will give written notification to all applicants who fail to
respond at the required times. If they fail to respond to this notification,they will be removed
from the waiting list.
o -
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Chapter 5
SUBSIDY STANDARDS
[24 CFR 982.54(d)(9)]
INTRODUCTION
HUD Guidelines require that HA's establish subsidy standards for the determination of
Certificate and Voucher bedroom size, and that such standards provide for a minimum
commitment of subsidy while avoiding overcrowding. The standards used for the Certificate or
Voucher size also must be within the minimum unit size requirements of HUD's Housing
Quality Standards. This Chapter explains the subsidy standards which will be used to determine
the certificate/voucher size for various sized families when they are selected from the waiting
list, as well as the HA's procedures-when a family's size changes, or a family selects a unit size
that is different from`the Certificate or Voucher.,`
A. DETERMINING CERTIFICATEIVOUCHER SIZE [24 CFR 982.402]
The Authority's subsidy standards govern the number of bedrooms required to accommodate a
family of a given size and composition. Certificate and Voucher awards based on bedroom size
will be consistent for all families of like composition. In general, the standards permit two
persons to occupy each bedroom,plus one person for the unit. The following standards
accommodate the need to avoid overcrowding, increase housing opportunities, and to meet
California Department of Fair Employment and Housing guidelines aimed at preventing
discrimination against families with children. The maximum occupancy will require completion
of an Subsidy standards Waiver. -For the minimum occupancy listed for the four and five
bedroom Certificate/Vouchers, medical need for separate bedrooms must be documented.
Participants who opt to be placed on the Waiting List for a CertificateNoucher for the smallest
bedroom size they are eligible for will not be considered for a transfer Certificate or Voucher
listing for more bedrooms unless family circumstances change.
Number of Bedrooms Maximum Persons In Unit Minimum Persons In Unit
One Bedroom Three People One Person
Two Bedrooms Five People Two People
Three Bedrooms Seven People Three People
Four Bedrooms Nine People Four'People**
Five Bedrooms Eleven People Five People**
** Assumes a medical need for separate bedrooms.
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Occupancy Considerations.
HACCC assignment of Certificates or Vouchers will take into account the following
considerations (See "Application of Subsidy Standards.Chart"): Separate Bedrooms for Different
Generations. It will not be necessary for persons of different generations or opposite sex, other
than husband and wife,to occupy the same bedroom. An exception may be made for infants and
young children up to the age of two or at the request of the family. Separate Bedrooms for
Medical Reasons. For verified reasons of health(old age, physical disability, etc.), a separate
bedroom may be provided for an individual family member; Children Under the Age of Two
Share Bedrooms. Two children regardless of gender, are expected to share a bedroom until the
youngest child reaches age two. Same Sex Children Share Bedrooms. Two children of the same
sex are expected to share a bedroom,regardless of their ages. Living Room Not Used as
Bedroom. The living room will not regularly be used as a bedroom. Single Parent Has Own
Bedroom. A single head of household parent shall not be required(but may choose) to share a
bedroom with his/her children. Separate Bedroom for Non-Related live-in Aide. A live-in care
attendant who is not a family member will not be required to share a bedroom with another
household member. Specal.Circumstances Regarding Family Composition. Unborn children,
minor children who are in the process of being adopted or placed into the custody of an adult in
.the household, foster children, and children who are temporarily absent from the home due to
placement in foster care will be counted in determining applicable bedroom size. In
addition, children and young adults who are away at school, but who live with the family during
school recesses, may be counted in determining appropriate bedroom size. Children who are
temporarily absent from the home according to the terms of a joint custody agreement may be
counted in determining appropriate bedroom size. Assignment of a bedroom for children of
whom the assisted parent does not have full or joint custody will depend on the terms of the
custody decree.
Exceptions. The Central Waiting List Supervisor and Housing Managers may make reasonable
exceptions to these guidelines and standards. This discretion will be exercised on a case-by case
basis. Exceptions must be documented by an Occupancy Standard Waiver.
HUD guidelines require that HA's establish subsidy standards for the determination of
Certificate and Voucher bedroom size, and that such standards provide for a minimum
commitment of subsidy while avoiding overcrowding. The standards used for the Certificate or
Voucher size also must be within the minimum unit size requirements of HUD's Housing
Quality Standards. This Chapter explains the subsidy standards which will be used to determine
the certificate/voucher size for various sized families when they are selected from the waiting
list, as well as the HA's procedures when a family's size changes, or a family selects a unit size
that is different from the Certificate or Voucher.
For subsidy standards, an adult is a person 18 years or older. All standards in this section relate
to the number of bedrooms on the Certificate or Voucher,not the family's actual living
arrangements.
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The unit size on the Certificate or Voucher remains the same as long as the family composition
remains the same, regardless of the actual unit size rented.
B. CHANGES IN CERTIFICATE/VOUCHER SIZE [24 CFR 982.403 (a) & (b)]
Changes for Applicants
The certificate/voucher size is determined prior to the briefing by comparing the family
composition to the HA subsidy standards.If an applicant requires a change in the
certificate/voucher size,the following guidelines will apply:
Requests for Exception to Subsidy Standards for Applicants
The family may request a larger sized certificate or voucher than indicated by the HA's
subsidy standards. Such requests must be made in writing within 10 days of the HA's
determination of bedroom--size.'The request must explain the need or justification for a
larger bedroom size.
The HA will not issue a larger certificate or voucher due to additions of family.members
other than by birth, adoption,marriage, or court-awarded custody.
HA shall grant exceptions from the standards if the family requests and the HA
determines the exceptions are justified by the relationship, age, sex,health or disability of
family members, or other individual circumstances.
Circumstances may dictate a larger size than the Subsidy Standards permit when persons
cannot share a bedroom because of an accommodation which has been requested, such as:
Persons who cannot occupy a bedroom because of a verified medical or health
reason
Elderly persons or persons with disabilities who may require a live-in attendant
Requests based on health related reasons must be verified by a medical or social service
professional.
If the HA errs in the bedroom size designation,the family will be issued a Certificate or
Voucher of the appropriate size so that the family is not penalized.
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Changes for Participants
The members of the family residing in the unit must be approved by the HA. The family must
obtain approval of any additional family member before the person occupies the unit except for
additions by birth, adoption, or court-awarded custody, in which case the family must inform the
HA within 30 days.
Requ sts for Exception to Subsidy Standards for Participants
The family may request a larger sized certificate or voucher than indicated by the HA's
subsidy standards. Such requests must be made in writing within 10 days of the HA's
determination of bedroom size. The request must explain the need or justification for a
larger bedroom size.
When a change in family composition requires the issuance of another size Certificate or
Voucher, and funds are not available for the program in which the family is assisted, the
family will be issued the other form of assistance.
Underhoused and Overhoused Families
If a unit does not meet HQS space standards due to an increase in family size, (unit too
small), the HA will issue a new certificate or voucher and assist the family in locating a
suitable unit..
Certificate Families Only:
If a certificate family is occupying a unit which has more bedrooms than allocated
under the HA's subsidy standards, and the gross rent exceeds the FMR/Exception
rent for the family size under the HA's subsidy standards, the HA will issue the
family a new certificate and assist the family in finding a suitable unit.
Certificate families who are under-occupying a unit as defined above will be
given a minimum of sixty days before assistance is terminated.
The HA will also notify the family of the circumstances under which an exception
will be granted, such as:
If a family with a disability is underhoused in an accessible unit.
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Transfer Waiting List
When a change in family composition requires the issuance of another size Certificate or
Voucher, and funds are not available for the type of assistance the family has, the family will be
transferred to the other form of assistance. If funds are not available for either program,the
family will be placed on a Transfer List maintained at the Central Waiting List office.
Families will be selected from the Transfer List before families are selected from the applicant
waiting list. This assures that families who are already on the program are in the appropriate
sized units.
Families will generally be selected from this list when there is available funding, in the following
sequence:
1. A participant family (whose family composition has been approved by the
HA)who requires a change in Certificate or Voucher size because they are
living in a unit which is overcrowded according to Housing Quality
Standards.
2. A participant family (whose family composition has been approved by the
HA)who requires a change in Certificate or Voucher size under the Subsidy
Standards, but not under Housing Quality Standards.
3. All others who require a transfer as determined by the HA.
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C. UNIT SIZE SELECTED
The family may select a different size dwelling than that listed on the Certificate or Voucher.
There are three criteria to consider:
1. Rent Limitation: For the Certificate Program, the HA must always apply the FMR
for the Certificate size or the unit size selected by the family, whichever is less.
For the Voucher Program,the HA uses the Payment Standard for the Voucher size
or the unit size selected by the family, whichever is less.
2. Utility Allowance: The utility allowance used to calculate the gross rent is based
on the actual size of the unit the family selects,regardless of the size authorized
on the family's Certificate or Voucher.
3. Housing Quality Standards: The standards allow two persons per living/sleeping
room and permit maximum occupancy levels (assuming a living room is used as a
living/sleeping area) as shown in the table below. The levels may be exceeded if a
room in addition to�'6edrooms and living room is used for sleeping.
HQS GUIDELINES FOR UNIT SIZE SELECTED
Maximum# of Persons in Household
0 Bedroom 1
1 Bedroom 3
2 Bedrooms 5
3 Bedrooms 7
4 Bedrooms 9
5 Bedrooms 11
6 Bedrooms 13
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Chapter 6
FACTORS RELATED TO TOTAL TENANT PAYMENT DETERMINATION
INTRODUCTION [24 CFR 813]
The accurate calculation of Annual Income and Adjusted Income is based on a number of factors
among them family composition and.Iincome. This ensures that families
are not paying more or less money for rent than their obligation under the Regulations.
This Chapter defines the allowable deductions from Annual Income and how the presence or
absence of household members may affect the Total Tenant Payment(TTP). Income and TTP are
calculated in accordance with 24 CFR Part 813 and further instructions set forth in HUD Notices,
Memoranda and Addenda. The formula for the calculation of TTP is specific and not subject to
interpretation. The HA's policies in this Chapter address those areas which allow the HA
discretion to define terms and to'develop standards in order to assure consistent application of the
various factors that relate to the determination of TTP.
A. INCOME AND ALLOWANCES
ncome: The types of money which are to be used as income for purposes of calculating the TTP
are defined by HUD in federal regulations.In accordance with this definition, income from all
sources of each member of the household is counted.
Annual Income is defined as the gross amount of income anticipated to be received by the family
during the 12 months after certification or recertification. Gross income is the amount of income
prior to any HUD allowable expenses or deductions, and does not include income which has
been excluded by HUD. Annual income is used to determine whether or not applicants are within
the applicable income limits.
Adjusted Income is defined as the Annual income minus any HUD allowable deductions.
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I-IUD has five allowable deductions from Annual Income:
1. Dependent allowance: $480 each for family members (other than the head or
spouse), who are minors, and for family members who are 18 and older who are
full-time students or who are disabled.
2. `Elderly' allowance: $400 for families whose head or spouse is 62 or over or
disabled. If there are two elderly members in the household, only one may
receive the deduction.
3. Allowable medical expenses for all family members are deducted for `elderly'
families.
4. Child care expenses for children under 13 are deducted when child care is
necessary to allow an adult member to work or attend school. There are
restrictions when two adults in the household work.
5. Expenses for attendant care or auxiliary apparatus for persons with disabilities if
needed to enable the individual or an adult family member to work,not to exceed
the wages earned.
Minimum Rent and Minimum Family Contribution
"Minimum rent" in the Certificate and moderate rehabilitation program is $25. Minimum rent
_ includes the combined amount(TTP) a family pays towards rent and/or utilities.
Minimum family contribution in the voucher program is the greater of 10% or$25.
B CALCULATING INCOME OF TEMPORARILYIPERMANENTLY ABSENT
[24 CFR 813.106, 982.54 (d)(10), 982.551 (h) (2), (3), (7)]
The HA must compute all applicable income of every family member who is on the lease,
including those who are temporarily absent.
Income of persons permanently absent will not be counted. If the spouse is temporarily absent
and in the military, all military pay and allowances (except hazardous duty pay when exposed to
hostile fire and any other exceptions to military pay HUD may define) is counted as income.
It is the responsibility of the head of household to report changes in family composition. The HA
will evaluate absences from the unit using this policy.
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Individual, Family Absences [24 CFR 982.54 (10)]
These policy guidelines address situations when the family is absent from the unit, but has not
moved out of the unit. In cases where the family has moved out of the unit, the HA will terminate
assistance in accordance with appropriate termination procedures contained in this Plan.
Families are required both to notify the HA before they move out of a unit and to give the HA
information about any family absence from the unit.
Families must notify the HA if they are going to be absent from the unit for more than 30
consecutive days.
If the entire family is absent from the assisted unit for more than 90 consecutive days,the unit
will be considered to be vacated and the assistance will be terminated.
"Absence"means that no family member is residing in the unit.
In order to determine if the fainiIyU absent from the unit,the HA may:
* Write letters to the family at the unit
* Telephone the family.at the unit
* Interview neighbors
*.Verify if utilities are in service
HUD regulations require the HA to terminate assistance if the entire family is absent from the
unit fora period of more than 180 consecutive calendar days.
Absence of Adults [24 CFR 982.54 (10)]
Any member of the household will be considered permanently absent if s/he is away from the
unit for 3 consecutive months except as otherwise provided in this Chapter. If an adult child
goes into the military and leaves the household,that person will be considered permanently
absent.
Absences of Children/Foster Care
If the family includes a child or children temporarily absent from the home due to placement in
foster care,the HA will determine from the appropriate agency when the child/children will be
returned to.the home..
If the time period is to be greater than 3 months from the date of removal of the childhen,the
CertificateNoucher size may be reduced.'If all children are removed from the home
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permanently, the certificate or voucher size will be reduced in accordance with the HA's subsidy
standards.
Children and young adults who are away at school, but who live with the family during school
recesses, will be considered temporarily absent and counted in determining appropriate
bedroom size. Children who are temporarily absent from the home according to the
terms of a joint custody agreement may be counted in determining appropriate bedroom
size. Assignment of a bedroom for children of whom the assisted parent does not have
full or joint custody will depend on the terms of the custody decree.
Absence due to Medical Reasons [24 CFR 982.54 (10)]
If any family member-leaves the household to enter a facility such as hospital,nursing home, or
rehabilitation center,the HA will seek advice from a reliable qualified source as to the likelihood
and timing of their return. If the verification indicates that the family member will be
permanently confined to a nursing home,the family member will be considered permanently
absent. If the person who is determined to be permanently absent is the sole member of the
household, assistance will be terminated in accordance with the HA's"Absence of Entire
Family"policy.
Absence due to Incarceration
- If the sole member is incarcerated for more than 90 consecutive days, s/he will be considered
permanently absent. Any member of the household, other than the sole member, will be
considered permanently absent if s/he is incarcerated for 3 consecutive months.
The HA will determine if the reason for incarceration is for drug-related or violent criminal
activity.
DETERMINATION OF CONTINUED PARTICIPATION UPON FAMILY BREAKUP
_Death of Head of Household.
Federal regulations make remaining family members in an assisted unit eligible for consideration
as continuing family members upon the.death of the head of household. Often,however,the
remaining are minors in need of an adult presence...It is the Housing Authority's policy to permit
adult family members and other adults with a demonstrated, verifiable.connection to the children
in the assisted unit to replace the deceased head of household, as long as the adult meets the
eligibility requirements of the program and the.umt Owner consents. In such a situation,the adult
entering the household will not have any continuing right to Section 8 assistance, as a remaining
family member or otherwise, if the minor children leave the unit.
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Abandonment by Head of Household.
If the Head of Household abandons the unit, leaving minor children or other remaining family
members, the remaining family members may continue to receive assistance. If all the remaining
family members are minor children, an eligible adult family member or person with a
demonstrated,verifiable connection to the children may be permitted to reside in the unit and
assume head of household status. The adult assuming head of household status must meet the
eligibility requirements of the Section 8 program and obtain consent from the unit Owner. In
such a situation,the adult entering th6 household will not have any continuing right to Section 8
assistance,as a remaining family member or otherwise, if the minor children leave the unit.
Domestic Abuse
Subject to the availability of Annual Contributions Contract authorization,when the person
alleged to have engaged in physical abuse leaves the assisted unit and the abused party remains
in the household, either with or without dependents,the abused parry remaining in the assisted
unit may receive the benefit of continued assistance. If a party is forced to flee an assisted unit
for fear of domestic violence,the abused parry may be awarded a transfer Certificate or Voucher
to move to another unit. Verification of domestic abuse for purposes of allocating assistance
when a family breaks up will be determined according to verification procedures established for
the federal preference.
Divorce/Separation of Families without Children.
In the event of a divorce or separation of an assisted family that does not have minor children in
the home and the divorce/separation is unrelated to domestic abuse, the person remaining in the
assisted unit will continue to be assisted. If there are unusual circumstances that show that the
above policy would present an undue hardship for the person leaving the assisted unit because
locating alternative housing may be especially difficult due to a disability or handicap, she may
petition the Assistant Director of Rental Assistance Programs for a transfer Certificate or
Voucher. The determination of whether to grant such a request will depend upon the factual
situation, availability of Annual Contributions Contract authority, and possible effects on the
Section 8 waiting list.
Divorce/Separation of Families with Children.
In the event of divorce or separation of an assisted family with children,the adult with custody
of the children will continue to receive the assistance. If the adults have joint custody,the person
listed as head of household will retain the assistance. The allocation of assistance in response to
other custody arrangements will be considered by,Housing Managers on a case-by-case basis in
-consultation with the Assistant Director for Rental Assistance Programs. Factors to be considered
in such cases include: the availability of Annual Contributions,which adult is listed as head of
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household, the duration of time the child or children spend with each adult and the possible effect
on the HACCC waiting list.
Visitors
Any visitor not included on the HUD 50058 who has been in the unit more than 14 consecutive
days, or a total of 30 days in a 6-month period, will.be considered to be living in the unit as an
unauthorized household member. This rule shall not apply to minors visiting his/her parents
under an agreement between the Section 8 participant and the custodial parent.
Section 8 program participants who have a guest stay beyond the time period stated are required
to notify the Housing Authority in writing and must have approval from the owner of the rental
property pursuant to a revised lease agreement. Failure to report family members and income
may result in termination from the Section 8 program.
The following will be considered in determination"visitor" status:
* Absence of evidence of any other address will be considered verification that the visitor is
a family member.
* Statements from neighbors and/or the landlord will be considered in making the
determination.
* Use of the unit address as the visitor's current residence for any purpose that is not
explicitly temporary shall be construed as permanent residence.
* The burden of proof that the individual is a visitor rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the family and
the HA will terminate assistance since prior approval was not requested for the addition.
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Reporting Additions to Owner and HA
Reporting changes in household composition to the HA is both a HUD and an HA requirement.
The family obligations require the family to request HA approval to add any other family
member as an occupant of the unit and to inform the HA of the birth, adoption or court-awarded
custody of a child. The family must request prior approval of additional household members in
writing.
* If the family does not obtain prior written approval from the HA, any person the family
has permitted to move in will be considered an unauthorized household member.
* In the event that a visitor continues to reside in the unit after the maximum allowable
time, the family must report it to the HA in writing within 10 days of the maximum
allowable time.
* Families are required to report any additions to the household in writing to the HA
within 10 days of the move4n4ble.
An interim reexamination will be conducted for any additions to the household.
In addition,the lease may require the family to obtain prior written approval from the owner
when there are changes in family composition.
Reporting Absences to the HA
Reporting changes in household composition is both a HUD and an HA requirement.
If a family member leaves the household,the family must report this change to the HA, in
writing, within 10 days of the change and certify as to whether the member is temporarily absent
or permanently absent.
The HA will conduct an interim evaluation for changes which affect the TTP in accordance with
the interim policy.
C. AVERAGING INCOME [24 CFR 813.106 (d)]
When Annual Income cannot be anticipated for a full twelve months, the HA may:
* 1. Average known sources of income that vary to compute an annual income, or
* 2. Annualize current income and conduct an interim reexamination if income
changes.
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D. MINIMUM INCOME [24 CFR 813.102]
Families who report zero income are required to complete a written certification every 30 days,
which the Housing Assistant verifies through the re-examination process. This information must
be confirmed by third party agencies such as the Employment Development Department, Social
Service, etc.
E. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME
[24 CFR 813.106 (a)]
If a family member is permanently'confined to a hospital or nursing home and there is a family
member left in the household,the HA will calculate the Total Tenant Payment. The income is
calculated using the following methodology using the income figure which would result in a
lower payment by the family:
(a) Exclude the income of the person permanently confined to the nursing
hom6-and-.give the family no deductions for medical expenses of the
confined family member.
OR
(b) Include the income of the person permanently confined to the nursing
home and give the family the medical deductions allowable on behalf
of the person in the nursing home.
F. REGULAR CONTRIBUTIONS AND GIFTS [24 CFR 813.106 (b)(7)]
Regular contributions and gifts received from persons outside the household are counted as
income for calculation of the Total Tenant Payment.
G. ALIMONY AND CHILD SUPPORT [24 CFR 813.106 (b)(7)]
Regular alimony and child support payments are counted as income for calculation of Total
Tenant Payment.
If the amount of child support or alimony received is less than the amount awarded by the court,
the HA must use the amount awarded by the court unless the family can verify that they are not
receiving the full amount.
The HA will accept as verification that the family is receiving an amount less that the award if:
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* The HA receives verification from the agency responsible for enforcement or
collection.
* The family furnishes documentation of child support or alimony collection action
filed through a child support enforcement/collection agency, or has filed an
enforcement or collection action through an attorney.
It is the family's responsibility to supply a certified copy of the divorce decree.
H. LUMP-SUM RECEIPTS [24 CFR 813.106 (b)(4)J
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, are not included in income but may be included in
assets.
Lump-sum payments caused by delays,in processing periodic payments (unemployment or
welfare assistance) are counted as income. Lump sum payments from Social Security or SSI are
excluded from income, but any amount remaining will be considered an asset. Deferred periodic
payments which,have accumulated due to a dispute will be treated the same as periodic payments
which are deferred due to delays in processing.
Attorney Fees
The family's attorney fees may be deducted from lump-sum payments when computing annual
income if the attorney's efforts have recovered a lump-sum compensation, and the recovery paid
to the family does not include an additional amount in full satisfaction of the attorney fees.
I. CONTRIBUTIONS TO RETIREMENT FUNDS -ASSETS
Contributions to company retirement/pension funds are handled as follows:
I. While an individual is employed, count as assets only amounts the family can
withdraw,without retiring or terminating employment.
2. After retirement or termination of employment,count any amount the employee
elects to receive as a lump sum.
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J ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE
The HA must count assets disposed of for less than fair market value during the two years
preceding certification or reexamination. The HA will count the difference between the market
value and the actual payment received in calculating total assets.
Assets disposed of as a result of foreclosure or bankruptcy are not considered to be assets
disposed of for less than fair market value. Assets disposed of as a result of a divorce or
separation are not considered to be assets disposed of for less than fair market value..
K. CHILD CARE EXPENSES[24 CFR 813.102]
Child care expenses for children under 13 may be deducted from annual income if they enable an
adult to work or attend school full time.
In the case of a child attending private school, only after-hours care can be counted as child care
expenses.
L. MEDICAL EXPENSES [24 CFR 813.102 (d)]
When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense,
IRS Publication 502 will be used as a guide.
M PRORATION-OF ASSISTANCE FOR"MIXED" FAMILIES [24 CFR 812.11]
Applicability
Proration of assistance must be offered to any "mixed" applicant or participant family. A
"mixed" family is one that includes at least one U.S. citizen or eligible immigrant and any
number of ineligible members.
"Mixed" families that were participants on June 19, 1995, and that do not qualify for continued
assistance must be offered prorated assistance. (See Chapter 12, "Recertifications.") Applicant
mixed families are entitled to prorated assistance. Families that become mixed after June 19,
1995 by addition of an ineligible member are entitled to prorated assistance.
Prorated Assistance Calculation
Prorated assistance is calculated by determining the amount of assistance payable if all family
members were eligible and multiplying by the percent of the family members who actually are
eligible: Total Tenant Payment is the gross rent minus the prorated assistance.
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N. REDUCTION IN BENEFITS
If the family's benefits, such as social security, SSI or AFDC, are reduced through no fault of the
family, the HA will use the net amount of the benefit.
If the family's benefits were reduced due to family error, omission, or misrepresentations, the
HA will use the gross amount of the benefit.
4 UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS
[24 CFR 813.102, 813.108]
The same Utility Allowance Schedule is used for both Certificates and Vouchers.
The Utility allowance is intended to help defray the cost of utilities not included in the rent and is
subtracted from Total Tenant Payment to establish the family's rent to the landlord. The
allowances are based on actual rated and average consumption studies, not on a family's actual
consumption. The HA will review the Utility Allowance Schedule on an annual basis and revise
it if needed.
The approved utility allowance schedule is given to families along with their Certificate or
Voucher. The utility allowance is based on the actual unit size selected.
Where the Utility Allowance exceeds the family's Total Tenant Payment, the HA will provide a
Utility Reimbursement Payment for the family each month. The check will be made out directly
to the tenant unless the tenant has agreed, in writing, to a payment to the utility company.
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Chapter 7
VERIFICATION PROCEDURES
[24 CFR 750.1, 812.6 &.12, 813.106 &.109, 913.106, 982.108, 982.210-982.213]
INTRODUCTION
HUD regulations require that the factors of eligibility and Total Tenant Payment be verified by
the HA.Applicants and program participants must furnish proof of their statements whenever
required by the HA,and the information they provide must be true and complete. The HA's
verification requirements are designed to maintain program integrity. This Chapter explains the
HA's procedures and standards for verification of preferences, income, assets,allowable
deductions, family status, and when there are changes in family members. The HA will ensure
that proper authorization from the.family is always.obtained before making verification inquiries.
A. METHODS OF VERIFICATION AND TIME ALLOWED
The HA will verify information through the four methods of verification acceptable to HUD in
the following order:
1. Third-Party Written
2. Third-Party Oral
3. Review of Documents
4. Certification/Self-Declaration
The HA will allow 2 weeks for return of third-party verifications and 2 weeks to obtain other
types of verifications before going to the next method.
For applicants, verifications may not be more than 60 days old at the time of CertificateNoucher
issuance. For participants,they are valid for 120 days from date of receipt.
Third-Party Written Verification
Third-party verification is used to verify information directly with the source. Third-party written
verification forms will be sent and returned via first class mail or faxed. The family will be
required to sign an authorization for the information source to release the specified information.
Verifications received electronically directly from the source are considered third party written
verifications.
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Third party verification forms will not be hand carried by the family under any circumstances.
Third-Party Oral Verification
Oral third-party verification will be used when written third-party verification is delayed or not
possible. When third-party oral verification is used, staff will be required to complete a
Certification of Document Viewed or Person Contacted form, noting with whom they spoke, the
date of the conversation, and the facts provided. If oral third party verification is.not available,
the HA will compare the information to any documents provided by the Family. If provided by
telephone,the HA must originate the'call.
Review of Documents
In the event that third-party written or oral verification is unavailable, or the information has not
been verified by the third party within 2 weeks, the HA will notate the file accordingly and
utilize documents provided by,the.:family as the primary source if the documents provide
complete information.
All such documents, excluding government checks,will be photocopied and retained in the
applicant file. In cases where documents are viewed which cannot be photocopied, staff viewing
the document(s) will complete a Certification of Document Viewed or Person Contacted form.
* The HA will accept the following documents from the family provided that the document
is such that tampering would be easily noted:
* Printed wage stubs
* Computer print-outs from the employer
* Signed letters (provided that the information is confirmed by phone)
* Other documents noted in this Chapter as acceptable verification
The HA will accept FAXed documents; such documents may be subject to confirmation by
phone. The HA will make photo copies of original documents for our files.
If third-party verification is received after documents have been accepted as provisional
verification, and there is a discrepancy,the HA will utilize the third parry verification.
Self�Certification/Self-Declaration
When verification cannot be made by third-parry.verification or review of documents,families
will be required to submit a self-certification.
Self-certification means a signed state ment/certification which is made under penalty of perjury.
It must be witnessed.
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B. RELEASE OF INFORMATION
The family will be required to sign specific authorization forms when information is needed that
is not covered by the HUD form 9886, Authorization for Release of Information.
Each member requested to consent to the release of information will be provided with a copy of
the appropriate forms for their review and signature.
Family refusal to cooperate with the HUD prescribed verification system will result in denial of
admission or termination of assistance because it is a family obligation to supply any information
requested by the HA or HUD.
C COMPUTER MATCHING
The 1988 McKinney Act le gislation�authorized State wage record keepers to release to both
HUD and HAS information pertaining to wages and unemployment compensation. The
Housing Authority will utilize this and other methods to verify information provided by
applicants and participants in order to compare'the name and social security number of
applicants and participants with the records of the State agency.
Where allowed by HUD and/or other State or local agencies, computer matching will be done.
D. ITEMS TO BE VERIFIED
All income not specifically excluded by the regulations.
Zero-income status of household.
Full-time student status including High School students who are 18 or over.
Current assets including assets disposed of for less than fair market value in preceding two years.
Child care expense where it allows an adult family member to be employed or to further his/her
education.
Total medical expenses of all family member in households whose head or spouse is elderly or
disabled.
Disability assistance expenses to include only those costs associated with attendant care or
auxiliary apparatus which allow an adult family member to be employed.
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Identity
U.S. citizenship/eligible immigrant status.
Social Security Numbers for all family members 6 years of age or older.
"Preference" status, based upon Federal, Ranking, or Local preferences.
Familial/Marital status when needed for head or spouse definition.
Disability for determination of preferences, allowances or deductions.
E. VERIFICATION OF INCOME
Employment Income.
The Housing Authority will use verification forms requesting employers to verify income.
Dates of employment, amount ancUrequency of pay and date of the last pay increase are among
the items to be verified. Acceptable methods of verification include employment forms
completed by the employer, Check stubs or earning statements,W-2 forms plus income tax
return forms or self certifications or income tax returns including Schedule C, signed by the
family to verify self-employment income.
Social Security, Pensions, Supplementary Security Income (SSI) Disability Income
These forms of income may be verified by benefit verification forms completed by the
appropriate.agency or award or benefit notifications letters prepared and signed by the agency
and computer-generated printouts from the agency stating notice of action.
Alimony or Child Support Payments
These may be verified by a copy of the separation, settlement divorce or custody decrees or a
copy of latest check and/or payment stud. If payments are irregular,the family must sign a
written statement to this effect.
Complete income verification procedures are spelled out further in the Housing
Authority's Section 8 Program Manual. The manual addresses net income from a
business, child care businesses, recurring gifts,zero income status,full-time student status,
income from assets, allowable deductions, medical expenses, attendant care etc.
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y.
I. VERIFYING NON-FINANCIAL FACTORS
Verification of Legal Identity
In order to prevent program abuse,the HA will require applicants to furnish verification of legal
identity for all family members.
The documents listed below will be considered acceptable verification of legal identity for adults.
If a document submitted by a family is illegible or,otherwise questionable, more than one of
these documents may be required.
* Certificate of Birth,naturalization papers
* Church issued baptismal certificate
* Current,valid Driver's license
* U.S. military discharge (DD214)
* U.S. passport
* Voter's registration= :V s
* Company/agency Identification Card
* Department of Motor Vehicles Identification Card
* Hospital records
Documents considered acceptable for the verification of legal identity for minors may be one or
more of the following:
* Certificate of Birth
* Adoption papers
* Custody agreement
* Health and Human Services ID
* School records
Verification of Change in Family Composition
The HA may verify changes in family composition(either reported or unreported)through
letters,telephone calls, utility records, inspections, landlords, neighbors, credit data, school or
DMV records, and other sources.
Verification of Disability
Verification of disability must be receipt of SSI or SSA disability payments under Section 223 of
the Social Security Act or 102(7)of the Developmental Disabilities Assistance and Bill of Rights
Act(42 U.S.C. 6001(7)or verified by appropriate diagnostician such as physician,psychiatrist,
psychologist,therapist, rehab specialist,or licensed social worker,using the HUD language as
<r; the verification format.
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Verification of Citizenship/Eligible Immigrant Status
To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants.
Individuals who are neither may elect not to contend their status. Eligible immigrants must fall
into one of the categories specified by the regulations and must have their status verified by
Immigration and Naturalization Service(INS). Each family member must declare their status
once. Assistance cannot be delayed, denied, or terminated while verification of status is pending
except that assistance to applicants may be delayed while the HA hearing is pending.
(a) Citizens or Nationals of the United States are required to sign a declaration under
penalty of perjury.
(b) Eligible Immigrants who were Participants and 62 or over on June 19. 1995, are
required to sign a declaration of eligible immigration status and provide proof of
age.
(c) Noncitizens with eligible immigration status must sign a declaration of status and
verification consent form and provide their original immigration documents which
are copied front and back and returned to.the family. The HA verifies the status
through the INS SAVE system. If this primary verification fails to verify status,
the HA must request within ten days that the INS conduct a manual search.
(d) Ineligible family members who do not claim to be citizens or eligible immigrants
must be listed on a statement of ineligible family members signed by the head of
household or spouse.
(e) Noncitizen students on student visas are ineligible members even though they are
in the country lawfully. They must provide their student visa but their status will
not be verified and they do not sign a declaration but are listed on the statement of
ineligible members.
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Failure to Provide. If an applicant or participant family member fails to sign required
declarations and consent forms or provide documents, as required, they must be listed as an
ineligible member. If the entire family fails to provide and sign as required, the family may be
denied or terminated for failure to provide required information.
Time of Verification. For applicants,verification of U.S. citizenship/eligible immigrant status
occurs at the same time as verification of other factors of eligibility for final eligibility
determination. For participants, it is done at the first regular recertification after June 19, 1995.
For family members added after other members have been verified,the verification occurs at the
first recertification after the new member moves in. Once verification has been completed for any
covered program, it need not be repeated except that, in the case of port-in families, if the initial
HA does not supply the documents,the HA must conduct the determination.
Extensions of Time to Provide Documents. Extensions must be given for persons who declare
their eligible immigration status but need time to obtain the required documents. The length of
the extension shall be based on individual circumstances. The HA will generally allow up to
[number of] days to provide.the document or a receipt issued by the INS for issuance of
replacement documents.
Accotable Documents of Eligible Immi rag tion. The regulations stipulate that only the following
documents are acceptable unless changes are published in the Federal Register.
Resident Alien Card(I-551)
Alien Registration Receipt Card (I-151)
Arrival-Departure Record(1-94)
Temporary Resident Card(I-688)
Employment Authorization Card (I-688B)
Receipt issued by the INS for issuance of replacement of any of the above documents that
shows individual's entitlement has been verified
A birth certificate is not acceptable verification of status. All documents in connection with U.S.
citizenship/eligible immigrant status must be kept five years.
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Verification of Social Security Numbers
Social security numbers must be provided as a condition of eligibility for all family members age
six and over if they have been issued a number. Verification of Social Security numbers will be
done through a Social Security Card issued by the Social Security Administration. If a family
member cannot produce a Social Security Card, only the documents listed below showing his or
her Social Security Number may be used for verification. The family is also required to certify in
writing that the document(s) submitted in lieu of the Social Security Card information provided
is/are complete and accurate:
A driver's license
Identification card issued by a Federal, State or local agency
Identification card issued by a medical insurance company or provider(including
Medicare and Medicaid)
An identification card-issued by an employer or trade union
An identification card issued by a medical insurance company
Earnings statements.or payroll stubs
Bank Statements
IRS Form 1099
Benefit award letters from government agencies
Retirement benefit letter
Life insurance policies
Court records such as real estate, tax notices, marriage and divorce,judgment or
bankruptcy records
Verification of benefits or Social Security Number from Social Security Administration
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New family members ages six and older will be required to produce their Social Security Card or
provide the substitute documentation described above together with their certification that the
substitute information provided is complete and accurate. This information is to be provided at
the time the change in family composition is reported to the HA.
If an applicant or participant is able to disclose the Social Security Number but cannot meet the
documentation requirements,the applicant or participant must sign a certification to that effect
provided by the HA. The applicant/participant or family member will have an additional 60 days
to provide proof of the Social Security Number. If they fail to provide this documentation,the
family's assistance will be terminated.
In the case of an individual at least 62 years of age,the HA may grant an extension for an
additional 60 days to a total of 120 days. If, at the end of this time,the elderly individual has not
provided documentation,the family's assistance will be terminated.
If the family member states they have not been issued a number, the family member will be
required to sign a certification to this effect.
Medical Need for Larger Unit
A written certification that a larger unit is necessary must be obtained from a reliable,
knowledgeable professional.
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J. WAITING LIST PREFERENCES [24 CFR 982.208, 982.210-982.213]
Preferences
The Housing Authority employs both federal and local preferences. Federal and local preferences
are to be administered in a way that is consistent with HUD's affirmative fair housing objectives.
Federal Preferences
Applicants are entitled to a federal preference if they can document that they have been:
o Living in substandard housing (including being homeless or living in a homeless
shelter);
•Paying more than 50%of;their income for rent, or
Involuntarily displaced and not living in standard, replacement housing or will be
involuntarily displaced within no more than 6 months from the date of t66 certification by
the family or verification by the Housing Authority.
Applicants may qualify for more than one federal preference. Each federal preference category is
further defined in the Housing Authority's Section 8 Policy Manual.
Local Preferences
The Housing Authority (HACCC) gives local preference to applicants:
who are families of Veterans or Servicemen, or
o Who reside, work, or have been notified that they are hired to work in the Housing
Authority' s jurisdiction. No minimum period of residency is required. (Residents of the
cities of Pittsburg and Richmond do not qualify for this residency preference because
each has a housing authority running a Section 8 Program.)
Local preferences are used in selecting among applicants without regard to their federal
preference status. Fifty percent of the certificates and vouchers made available for occupancy
each fiscal year may be awarded to local preference holders. Each local preference is defined
fully in the definition section of HACCC's Section 8 Policy Manual. The local preference limit of
ten percent of new admissions only applies to the admission of an applicant from the waiting list.
A special admission is not counted against the local preference limit. In addition, the local
preference limit does not apply when an applicant is received in HACCC's program under
portability procedures,
Use of Preferences in Admission
In selecting applicants,the Housing Authority determines if an applicant qualifies for a federal
preference or a local preference. Local preference governs selection among applicants who do
not qualify for a federal preference.
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Priority Ranking System.
To administer the local preferences discussed above, the Housing Authority follows a priority
ranking system that assigns points to applicants based on their preference category. The federal
preferences are not combined or aggregated in any manner. Applicants are considered on the
basis of any federal preference they can verify. The local preference is employed to rank those
qualifying for a federal preference. The priority points are as follows:
Federal Preferences 1 point
Local Preferences
Residents 1 point
Veterans or Servicemen. 1 point
Working/or In Training 1 point
Usually, applicants with the highest number of priority points will be awarded assistance first. In
the event that two applicants have equal priority points and similar needs, the first to apply for
assistance,based on date and time on the application,will be assisted first.
Preferences for Elderly Families`and-Displaced Persons Over Single Persons.
The Housing Authority complies with HUD regulations requiring the Housing Authority to give
preference to a family(with or without a federal preference) whose single member is a displaced
person or whose head or spouse or single member is an elderly person or-a disabled person over a
single person (with or without a federal preference) who is not elderly, disabled, or displaced.
Prohibition of Preference for Applicants Evicted for Drug Related Criminal Actiy4.
The Housing Authority will not give a federal or local preference to an applicant if any member
of the family is a person who was evicted from housing assisted under the Housing Act of 1937
during the past three years because of drug-related criminal activity. However, the Housing
Authority may give an admission preference in any of the following cases: (1) HACCC
determines that the evicted person has successfully completed a rehabilitation program approved
by the Housing Authority; (2)HACCC determines that the evicted person clearly did not
participate in or know of the drug-related criminal activity; or(3) HACCC determines that the
evicted person no longer participates in drug-related criminal activity.
forming Applicants About Preferences.
The Housing Authority must inform applicants about available preferences. The Housing
Authority must give applicants and opportunity to show that the qualify for available preferences.
Method of Selection. The Housing Authority selects among applicants on the waiting list with
the same preference status by date and time of application.
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Chapter 8
CERTIFICATENOUCHER ISSUANCE AND BRIEFINGS
INTRODUCTION
The HA's objectives are to assure that families selected to participate are successful in obtaining
an acceptable housing unit,and that they have sufficient knowledge to derive maximum benefit
from the program and to comply with requirements. When families have been
determined to be eligible,the HA will conduct a mandatory briefing to ensure that families know
how the program works. The briefing will provide a broad description of owner and family
responsibilities,HA procedures,and how to lease a unit. The family will also receive a briefing
packet which provides more detailed information about the program. This Chapter describes how
briefings will be conducted,the information that will be provided to families, and the policies for
how changes in the family composition will be handled.
A. ISSUANCE OF CERTIFICATESNOUCHERS [24 CFR 982.204 (d), 982.54 (d)(2)]
When funding is available,the HA will issue-Certificates and Vouchers to applicants whose
eligibility has been determined. The issuance of Certificates and Vouchers must be within the
dollar limitations set by the ACC budget.
The number of Certificates and Vouchers issued must ensure that the HA stays as close as
possible to 100%lease-up. The HA performs a computer generated monthly calculation to
determine whether applications can be processed and the number of Certificates and Vouchers
that can be issued.
B.- BRIEFING TYPES AND REQUIRED ATTENDANCE [24 CFR 982.301]
Initial Applicant Briefing
A full HUD-required briefing will be conducted for applicant families who are determined to be
eligible for assistance.The briefings are conducted in groups meetings.Families who attend
group briefings and still have the need for individual assistance will-be referred to'the Central-
Waiting List Supervisor.
Briefings for the Certificate Program and the Voucher Program will be held separately.3 Briefings
will be conducted in English with bi-lingual staff available to assist with Spaush�franslations.
The purpose of the briefing is to'explain tliidocuments in the'Cerhficate%Voucherliolder's
packet to families so that they are fully informed about the program.This will enable them.to
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utilize the program to their advantage, and it will prepare them to discuss it with potential owners
and property managers.
The person will also describe how the program works and the relationship between the family
and the owner,the family and the HA, and the HA and the owner.
The HA will not issue a Certificate or Voucher to a family unless the household representative
has attended a briefing and signed the Certificate or Voucher. Applicants who provide prior
notice of inability to attend a briefing will automatically be scheduled for the next briefing.
Applicants who fail to attend two scheduled briefings, without prior notification and approval of
the HA,may be denied admission based on failure to supply information needed for certification.
Briefing Packet
When a family initially receives a Certificate of Family Participation or a Housing Voucher, or is
issued a transfer Certificate or,Voucher,a full explanation of the following shall be provided to
help the family:
•Family obligations under certificate/voucher and lease
• Owner responsibilities under the Lease and Contract;
•How to find a suitable unit;
• How the "housing search clock" works;
• The general locations and characteristics of the full range of neighborhoods in which the
Housing Authority is able to contract and units of suitable price and quality may
be found;
—� • Significant aspects of applicable Federal, State, and Local laws, particularly concerning
fair housing;
• Applicable Fair Market Rents and the rent reasonableness test with respect to the
Certificate program;
• How the Authority determines Total Tenant Payment and the Total Tenant Rent and the
housing assistance payment for the Certificate program; ,
• An explanation of the Payment Standards for the Voucher program;
• How the housing assistance payment is computed,the incentive for selecting a unit for
less than the Payment Standard, and the minimum rent the family must
pay under the Voucher program;
•The family's"right to obtain copies of the lease lease:addendum,Housing Quality.
Standards,the Contract, request for lease approval and other pertinent documents; .
•The advisability,and avallability�of blood lead level screening for children-under six
. �_ . ,
(�years of age;
•The features of and difference between the Certificate Program and the.Housing
Voucher Program;
•HQS Checklist . 55 �f ;
1 f L# .;� + it if .I;. Y _ 1y tc--f x..:114 tf r 1 .2 •'i
Information on Family Self Sufficiency
•Information on housing opportunities throughout the.area,,, -
•Information on;portability;
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• Procedures for moving with continued assistance;
• Housing Authority policy on absences from the assisted unit;
• Housing Authority policy on security deposits and damage claims;
• and Active encouragement to families to consider the Certificate or Voucher as a means
of finding housing in any non-impacted area; copies of the Rental Referral List
•Terms of the Certificate or voucher;
•HA Policy on providing information about families to prospective owners;
• Information regarding the family obligations of the program;
• Information regarding grounds for termination because of family action or failure to act;
• Housing Authority policy on informal reviews/hearings
• Procedures for notifying the HA and/or HUD of program abuses
•Requirements for reporting changes between certifications
•Information of Security Deposits
•Information on Legal Referral Services and Landlord mediation services
The Housing Authority conducts these briefings on a group basis and to provide participating
families adequate opportunity to raise questions and discuss information. The Supervisor of the
Central Waiting List/Portability 4ff 6e generally conducts the briefings for initial participants,
with Housing Managers taking over in her absence. Housing Managers brief transfer Certificate
or Voucher recipients.
The HA will conduct individual briefings for families with disabilities at their home,upon
request by the family,if required for reasonable accommodation.
During the briefing the Authority staff will discuss relevant information about the availability of
local community resources for which families could apply to complement their housing
assistance, such as food stamps,job training,budget counseling and work incentive programs.
Families who report alleged discrimination will be assisted in filling out the appropriate HUD
discrimination forms. At the time of the briefing, the family is given a booklet with the name and
phone number of local Fair Housing Agencies, and HUD,who will assist them with complaints.
Terms of Certificates/Vouchers
The Certificate of Family Participation or Housing Voucher is valid for 60 days. The
participating familymust Iocate an apartment or house and submit a Request for'Lease Approval
within that time.
Request for Extension'of Initial Certifieate or Voucher" `
If a Certificate/Voucher;expires or:is:about.-to-eXp .ire;a familyIiiay' the= `D of
.. ....
Certificate/Voucher to the Housing Authority with a request for extension. Requests for
extension must be submitted to the Central Waiting List/Portability Supervisor.The Central
Waiting List/Portability Supervisor will review the family's efforts to locate a suitable unit,the
problems encountered,and figure out ways the Authority could help.If the Central Waiting
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List/Portability Supervisor believes that there is a reasonable possibility that the family will find
a suitable unit, the Authority may grant one or more extension not to exceed 60 days. In other
words, the greatest possible time a family may have to search for a unit is 120 days. Expiration of
a Certificate/Voucher does not preclude the family from filing a new application for another
Certificate/Voucher when application taking resumes.
Requests for Extension of Transfer Certificate or Voucher
If a transfer Certificate/Voucher expires or is about to expire, a family may submit the
Certificate/Voucher to the Housing Authority with a request for extension.Requests for
extension for transfer Certificates/Vouchers must be submitted to the Housing Manager of the
field officer administering the Certificate or Voucher. The Housing Manager will review the
family's efforts to locate a suitable unit,the problems encountered,and find waysthe Authority
could help. If the Housing Manager believes that there is a reasonable possibility that the family
will find a suitable unit,the Authority may grant one or more extension not to exceed 60 days.
Expiration of a Certificate/Voucher does not preclude the family from filing a new application
for another Certificate/Voucher
Requests to Exchange Type of Assistance
A Certificate holder may request to be issued a Housing Voucher in exchange for a Certificate
and visa-versa. It is HACCC policy to comply with HUD regulations that require the Authority
to exchange the Certificates for Housing Vouchers, or the reverse, if the type of assistance sought
is available at the time of the request.
Housing Vouchers Exchanged for Certificates
If a Housing Voucher was exchanged for a Certificate, the initial term and extended term are
measured by the date of the Housing Voucher's issuance. Conversely, if a Certificate was
exchanged for a Voucher, the initial term and extended term are measured by the date of the
Certificate's issuance.
"Housing Search Clock."
The "clock"begins to.run on participants'.search for a unit with the date of the�briefingsession.
When counting the number of days the family has to find a suitable unit,the clock stops ticking
when the family submits a Request for Lease Approval.The clock resumes(i)if the unit fails
inspection; (2)the Owner elects to cancel-the-Request,--or�(3)HACCC did not dipprove the Anit`
for any reason.The Housing Search Clock will toll when a participant is physically unable to
search for housing due to hospitalization or;.other extreme.situation�beyond his or=her=contrbl
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Transfer Certificate or Vouchers for Participating Families
Subject to the availability of Annual Contribution authorization and the participant's eligibility
for continued participation, HACCC will issue a "transfer" Certificate or Voucher to a qualified
assisted family who wishes to move to another unit. Transfer Certificates or Vouchers will be
issued to assisted families who are required to move for no fault of their own, such as an increase
or decrease in family size or natural disaster. Housing managers will conduct briefings for
families who want to transfer at the time the transfer certificate is issued.
Assistance to Certificate/Voucher Holders
Families who require additional assistance during their search may call the HA Office to request
assistance. Certificate and Voucher holders will be notified at their briefing session that the HA
periodically updates the listing of available units and how the updated list may be obtained.
The HA will assist families with-negotiations with owners and provide other assistance related to
the families' search for housing.
C: OWNER BRIEFINGS
Briefings are held for owners annually. All owners receive a personal invitation to attend and are
notified by mail. Owners unfamiliar with the Section 8 program are also recruited and invited to
attend.
D. ENCOURAGING PARTICIPATION IN AREAS WITHOUT LOW INCOME OR
MINORITY CONCENTRATION
At the briefing,families are encouraged to search for housing in non-impacted areas and the HA
will provide assistance to families who wish to do so.
The assistance provided to such families includes:
* Direct contact with landlords.
••Counseling with the family...
Providing inf"—atiori about services in`various non-impacted areas.
*Meeting with neighborhood groups to promote understanding.-
Formal or informal discussions with landlord groups
*Formal or informal discussions with social service agencies
*Meeting with rental referral companies or agencies
*Meeting with fair housing groups or agencies
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The Housing Authority will maintain lists of available housing submitted by owners in all
neighborhoods within the Housing Authority's jurisdiction to ensure greater mobility and
housing choice to very low income households. The lists of units (which is updated weekly) will
be provided at the front desk of each Housing Authority office, and provided at briefings.
E ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION
Fair Housing Laws
The HA provides the family with information about how to file.a complaint and the
location of the local Fair Housing office.If HUD Fair Housing makes a finding of
discrimination against an owner,the HA will restrict the owner from future participation.
F. SECURITY DEPOSIT REQUIREMENTS [24 CFR 982.313)
Leases Effective Prior to January 1, 1996
In October, 1995,HUD established new guidelines for Security Deposits. The Housing
Authority of County of Contra Costa implemented these new guidelines in January, 1996. As a
result,the amount of Security Deposit which could have been collected by owners under
contracts effective prior to January 1, 1996 is as follows:
Under the Certificate Program, the owner could have collected a Security Deposit in an
amount not to exceed Total Tenant Payment or$50.00, whichever is greater, for non-
lease-in-place families.
For the Voucher Program, HA policy specifies that the owner; ht his/her discretion could
have collected a Security Deposit in an amount not to exceed: the greater of 30% of
adjusted-monthly income or$50 for non-lease-in-place families..
Leases Effective on or after January 1, 1996
Security deposits charged by owners may not exceed those charged to unassisted tenants_(nor the
maximum prescribed by State or local law.)
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G. TERM OF CERTIFICATENOUCHER [24 CFR 982.303, 982.54(d)(11)]
During the briefing session, each household will be issued a Certificate or Voucher which
represents a contractual agreement between the HA and the Family specifying the rights and
responsibilities of each party. It does not constitute admission to the program which occurs when
the lease and contract become effective.
Expirations
The Certificate or Voucher is valid for a period of sixty calendar days from the date of issuance.
The family must submit a Request for Lease Approval and Lease within the sixty-day period
unless an extension has been granted by the HA.
If the Certificate or Voucher has expired,and has not been extended by the HA or expires after
an extension,the family will be denied assistance. The family will not be entitled to a review or
hearing. If the family is currently assisted,they may remain as a participant in their unit if there
is an assisted lease/contract in effect.
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Chapter 9
REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION
INTRODUCTION [24 CFR 982.305 (a)]
After families are issued a certificate or voucher,they may search for a unit anywhere within the
jurisdiction of the HA, or outside of the HA's jurisdiction if they qualify for portability. The
family must find an eligible unit under the program rules, with an owner/landlord who is willing
to enter into a Housing Assistance Payments Contract with the HA. This Chapter defines the
types of eligible housing,the HA's policies which pertain to initial inspections, lease
requirements, owner disapproval, and the processing of Requests For Lease Approval (RLA).
A. REQUEST FOR LEASE APPROVAL [24 CFR 982.305 (b)]
The Request for Lease Approval (RLA)and a copy of the proposed Lease must be submitted by
the family during the term of the certificate or voucher.
The Request for Lease Approval must be signed by both the owner and Certificate/Voucher
holder. The lease may be executed up to 60 days prior to contract execution but cannot be
executed without approval of the HA.
The HA will not permit the family to submit more than one RLA at a time.
The HA will review the documents to determine whether or not they are able to be approved. For
the Certificate Program, the HA will determine that the Gross Rent is within the applicable FMR.
Inspections
The responsibility for inspecting the unit and obtaining the lease signed by the owner, rests with
the Housing Authority's unit inspectors. The Unit Inspector will determine rent reasonableness
for both the Section 8 Certificate and Voucher Program in accordance with HUD regulations
governing each program. HACCC exercises its discretion to reject a rent as unreasonable under
the Housing Voucher program if the market is not functioning normally or where families are not
able to negotiate reasonable rents or where rent charged to voucher holders-exceed those charged
to certificate holders in comparable units.Such determination will be based on existing published
Fair Market Rent Schedules,market conditions, comparable unit size and unassisted rent levels
for the area.
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The Housing Manager will review the owner's lease to insure that it contains no prohibited
clauses. Owners will be encouraged to use a standard lease adopted by this Agency. Once the
unit has passed inspection and the owner signed lease has been approved by the Housing
Manager, the HAP Contract will be executed by a HACCC Housing Manager. The owner and
the family will consider such execution as approval by HACCC to provide housing assistance.
The family will move into the unit on the scheduled date for occupancy. The PHA staff
anticipates that the time needed for inspection and lease approval will be approximately one (1)
week. The owner will be informed of this time factor and the staff will request that the owner not
rent the unit during this period to a party other than the certified family.
The Request will be approved if.
1 The unit is an eligible type of housing
2. The unit meets HUD's Housing Quality Standards (and any additional criteria as
identified in this Administrative Plan)
3. The rent is reasonable
4. The security deposit amount is able to be approved.
5. The proposed lease complies with HUD and HA requirements and State and Local
Law.
6. The owner is able to be approved, and there are no conflicts of interest.
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Payment to Owners
Once a HAP Contract has been signed with the Owner and Housing Manager, it is forwarded to
the Fiscal Department to be processed for payment. There is a maximum turn around of four(4)
days for new contracts; thereafter the owner receives the assistance payment prepaid to be mailed
on the last day of each month.
Annual adjustments to contract rents for the Section 8 Existing Contracts will be negotiated by
the Unit Inspector after making an inspection of the unit and determining rent reasonableness.
The negotiated rent will not exceed the applicable Annual Adjustment Factor(AAF)published in
the Federal Register unless it is insufficient to compensate the Owner for the requested rent. In
such cases the Unit Inspector may renegotiate the contract the contract rent within the Fair
Market Rent limit so long as it is reasonable and does not exceed rents being charged for
comparable unassisted units.
Contract rents will be renegotiated as a last resort and only if the owner will evict the family or
not renew the lease at the Annual-Adjustment Factor generated rent.
The Fiscal Director will determine Affordability adjustments to the Payments Standard under the
Housing Voucher Program.
Participating families will be advised at the time of their annual reexamination of income if the
Agency has adopted an Adjustment Standard Schedule.
An Owner's request for special adjustments will be evaluated by referring to all available
evidence which supports or disputes the owner's claim. If deemed warranted, the request will by
sent to the HUD Area Office with a recommendation for approval. There are no special rent
adjustment provisions for Voucher Contracts. Payment of claims for damages or loss of rent
under contracts executed prior to January, 1996, due to tenant-caused damages, will be
investigated by the Housing Manager. Before payment is authorized;a letter-,will be mailed to the
family at their last known address to advise them of their liability for this claim.
Affordability Adjustments-Housing Voucher Program
To assure continued Affordability,the Housing Authority may,at its discretion,make annual
Affordability adjustments in order to assure that it is providing "affordable housing"
opportunities to participants in the Section 8 Housing Voucher Program.,Housing will be deemed
to be affordable when the Total Tenant Payment does not exceed 30%of the Voucher
Participants monthly adjusted income. The method that will be used to calculate "Affordable
Housing" is described below:
Total Tenant Payment=30% Monthly Adjusted Income=Affordable Housing
On an annual basis the Housing Authority will conduct an "Affordable Housing" analysis to
determine the possible need for an Affordability adjustment. The primary information to be used
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when considering the need for, and amount of, an Affordability adjustment will be the percent of
participant income going towards the cost of housing. Other information that may be considered
is the availability and demand for housing in the Private rental market.
Utility Allowances
Determining any needed revisions to the schedule of allowances for utilities and other services
will be done on an annual basis by surveying utility costs and consumption rates with local utility
companies. The Housing Authority will then make recommendations to HUD on possible
allowance revisions. Utility allowances will be given based on actual size of the unit occupied
and not the bedroom size appearing on the certificate or voucher. The Utility Allowance
Schedule is attached.
Termination of Tenancy and Family Moves
Families who notify the PHA that they wish to move will be instructed on the proper steps to
take to ensure that they qualify for continued assistance. The Housing Manager will, in a
timely manner, investigate and discuss any problems that the owner or tenant are having to try to
resolve the problem. Matters that are related to eviction will be considered as urgent situations
and every effort will be made to expedite a resolution as soon as possible. Informal Reviews and
Hearings Applicants denied assistance are notified in writing of the decision and their right to
request an informal review. Applicants on the waiting list or otherwise denied a federal
preference are notified of their right to request a meeting to discuss the decision. Assisted
families are advised in writing of an intention to reduce or stop assistance. Such participants are
also advised of their right to an informal hearing. HACCC's Informal Review and Hearing
Procedure is attached.
B. DISAPPROVAL OF RLA
If the HA determines that the Request cannot be approved for any reason, the landlord and the
family will be notified in writing. The HA will instruct the owner and family of the steps that are
necessary to approve the Request. If the reason for denial is minor and may easily be addressed,
the owner may be given 10 calendar days to submit an RLA from the date of disapproval.
When, for any reason, an RLA is not approved,the HA will furnish another RLA form to the
family along with the notice of disapproval so that the family can continue to search for eligible
housing.
The time limit on the Certificate or.Voucher will be suspended while.the RLA is being
processed. .
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C. LEASE REVIEW [24 CFR 982.3081
The HA will review the lease, particularly noting the legality of optional charges and compliance
with regulations and State/local law. Responsibility for utilities, appliances and optional services
must correspond to those provided on the Request For Lease Approval.
Owners may either submit their own lease or permit the HA to furnish the lease.
In cases where the owner's lease is used,the HUD lease addendum must be attached and
executed.
The HA will encourage owners to use a sample lease provided by the HA which includes
the HUD-mandated language. House Rules of the owner may be attached to the lease as an
addendum, provided they are approved by the HA to ensure they do not violate any fair
housing HUD provisions.
Separate Agreements
Separate agreements are not necessarily illegal side agreements. Families and owners will be
advised of the prohibition of illegal side payments for additional rent,or for items normally
included in the rent of unassisted families, or for items not shown on the approved lease.
Owners and families may execute separate agreements for services, appliances (other than range,
microwave and refrigerator) and other items that are not included in the lease if the agreement is
in writing and approved by the HA.
Any appliances, services or other items which are routinely provided to unassisted families as
part of the lease (such as air conditioning, dishwasher or garage) or are permanently installed in
the unit, cannot be put under separate agreement and must be included in the lease. For there to
be a separate agreement, the family must have the option of not utilizing the service, appliance or
other item.
The HA is not liable for unpaid charges for items covered by separate agreements and
nonpayment of these agreements cannot be cause for eviction.
If the family and owner have come to a written agreement on the amount of allowable charges
for a specific item, so long as those charges are reasonable and not a substitute for higher rent,
they will be allowed.
All-agreements for special items or services must be attached to the lease approved by the HA. If
agreements are entered into at a later date,they must be approved by the HA and attached to the
lease.
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D. INITIAL INSPECTIONS [24 CFR 982.305 (a) & (b)]
See Chapter 10, "Housing Quality Standards and Inspections."
E. RENT LIMITATIQNS [24 CFR 882.106 (a)]
In the Certificate program, HA may approve exception rents that are up to 10% above the FMR.
for no more than 20%of budgeted units with the approval of the Director of Housing Operations.
Exception Rents will be utilized to: Make accessible units available to persons with disabilities
or to increase the housing choices available to low-income families.
Rent reasonableness will still be used as a measure of whether the rent is able to be approved.
For the Certificate and Voucher programs,the HA will.make a determination as to the
reasonableness of the proposed rent in relation to comparable units available for lease.on the
private unassisted market, and the rent charged by the owner for a comparable assisted or
unassisted unit in the building or premises.
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F. DISAPPROVAL OF PROPOSED RENT
In the Certificate Program, if the Gross Rent proposed exceeds the FMR, the HA may suggest
that the owner reduce the Contract Rent or include some or all utilities in Contract Rent.
If the owner accepts the offer of a revised rent,the HA will continue processing the Request for
Lease Approval and Lease. If the revised rent involves a change in the provision of utilities, a
new Request for Lease Approval must be submitted by the owner.
If the owner does not agree on the Contract Rent after the HA has tried and failed to negotiate a
revised rent,the-HA will inform the family and owner that the lease is disapproved.
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G. INFORMATION TO OWNERS [24 CFR 982.307 (b), 982.54 (d)(7)]
The HA is required to provide prospective owners with the address of the applicant and the
names and addresses of the current and previous landlord if known.
The HA will make an exception to this requirement if the family's whereabouts must be
protected due to domestic abuse or witness protection.
The HA will inform owners that it is the responsibility of the landlord to determine the suitability
of prospective tenants. Owners will be encouraged to screen applicants for rent payment history,
eviction history, damage to units, and other factors related to the family's suitability as.a tenant.
The HA will also provide documented information regarding tenancy history for the past five
years to prospective landlords.
The HA will provide the following information: based on documentation in its possession:
* Eviction history
* Damage to rental units
* Other aspects of tenancy history [which are documented by administrative
decisions, court orders ]
* Drug Trafficking by family members
The information will be provided in writing at the time of RLA.
Only the Housing Assistant or Housing Manager may provide this information on the form
developed for this purpose. The HA's policy on providing information to owners is included in
the briefing packet and will apply uniformly to all families and owners.
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H. OWNER DISAPPROVAL [24 CFR 982.306]
For purposes of this section, "owner" includes a principal or other interested party.
The HA will disapprove the owner for the following reasons:
HUD or another agency directly related, has informed the HA that the owner has been
disbarred, suspended, or subject to a limited denial of participation under 24 CFR part 24.
HUD has informed the HA that the federal government has instituted an administrative or
judicial action against the owner for violation of the Fair Housing Act or other federal
equal opportunity requirements and such action is pending.
HUD has informed the HA that a court or administrative agency has determined that the
owner violated the Fair Housing Act or other federal equal opportunity requirements.
At its administrative discretion, the HA may deny approval to lease a unit from any owner for
any of the following reasons:
* The owner has violated obligations under a housing assistance payments contract under
Section 8 of the 1937 Act(42 U.S.C. 1437f).
* The owner has committed fraud, bribery or any other corrupt act in connection with any
federal housing program.
* The owner has engaged in drug trafficking.
* 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 renting units that fail to meet State or local
housing codes.
* The owner has not paid State or local real estate taxes, fines or assessments..
All owner disqualifications must be submitted to the Director of Housing Operations for
approval. Decisions to disqualify as a result of administrative discretion will take into
consideration the following factors:
• The harm that would result to the family if the Housing Authority does not approve the.
contract;
• The harm caused by the Owner's violation of the program;
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• Any actions taken by the Owner to cure program violations; and
• The cost involved in the program violation, including money and agency time.
All owner disqualifications under this policy must be submitted to the Director of Housing
Operations for approval. Decisions to disqualify will be considered on a case-by-case basis; an
owner recommended for disqualification by a Housing Manager may present facts he/or she
believes counsels against disqualification to the Director of Housing Operations in writing.
Owners disqualified from participation from the program may request to be reconsidered after a
year has passed from the date of disqualification. The Director of Housing Operations will
consider such requests according to the considerations discussed above and any curative actions
taken by the Owner since the disqualification.
I CHANGE IN TOTAL TENANT PAYMENT (TTP)PRIOR TO HAP EFFECTIVE
DATE
When the family reports changes:..rtsfactors that will affect the Total Tenant Payment(TTP)prior
to the effective date of the HAP contract,the information will be verified and the TTP will be
recalculated. If the family does not report any change, the HA need not obtain new verifications
before signing the HAP Contract, even if verifications are more than 60 days old.
I CONTRACT EXECUTION PROCESS [24 CFR 982.305(c)]
The HA prepares the Housing Assistance Contract for execution. The family and the owner will
execute the Lease agreement, and the owner and the HA will execute the HAP Contract. Copies
of the documents will be furnished to the parties who signed the respective documents.
* For new owners, the documents are signed at a Signature Briefing attended by the owner,
family, and a representative of the HA, usually the unit inspector. The briefing covers the
responsibilities and roles of the three parties.
* The HA also provides group briefings for new owners and any other owners who wish to
attend.
The HA makes every effort to execute the HAP Contract before the commencement of the lease
term. The HAP Contract may not be executed more than 60 days after commencement of the
lease term and no payments will be made until the contract is executed.
The following HA representative(s) is/are authorized to execute a contract.on behalf of the HA:
Housing Managers upon receipt of the owner-signed documents from the unit inspector.
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* Owners must provide the current address of their residence (not a Post Office box) as well as
their federal Tax ID number, and phone number. If families lease properties owned by relatives.
the owner's current address will be compared to the subsidized unit's address.
Owners must also submit proof of ownership of the property, such as a Grant Deed or Tax Bill,
and a copy of the Management Agreement if the property is managed by a management agent
upon request.
* The owner must provide a business or home telephone number.
K. -CHANGE IN OWNERSHIP
A change in ownership does require execution of a new contract.
The HA will process a change of ownership only upon the written request of the new owner and
only if accompanied by a copy of the escrow statement or other document showing the transfer
of title and the Employer Identification Number or Social Security number of the new owner.
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Chapter 10
HOUSING QUALITY STANDARDS AND INSPECTIONS
INTRODUCTION
Housing Quality Standards (HQS) are the HUD minimum quality standards for tenant-based
programs. HQS standards are required both at initial occupancy and during the term of the lease.
HQS standards apply to the building and premises, as well as the unit.
These minimum Standards may be enhanced by the HA,provided that by doing so, the HA does
not overly restrict the number of units available for lease under the program. The use of the term
"HQS"in this Administrative Plan refers to the combination of both HUD and HA requirements.
This Chapter describes the HA's procedures for performing HQS and other types of inspections,
and standards for the timeliness of repairs. It also explains the responsibilities of the owner and
family, and the consequences of non-compliance with HQS requirements for both families and
owners,
The Housing Authority assigns six unit inspectors to the Section 8 Program. The Unit inspectors
determine if units selected by participants meet Housing Quality Standards as set forth in 24 CFR
982.401 (a) and 982.405) A Unit Inspector will conduct inspections by prior appointment to any
lease approval. The inspector will use an inspection form provided by Section 8 Regulations for
Housing Quality Standards to which all approved housing must conform. Emphasis will be
placed on detecting possible lead-base paint hazards, especially if young children are to occupy
the unit.
A. GUIDELINES/TYPES OF INSPECTIONS [24 CFR 982.401 (a), 982.405]
Efforts will be made at all times to encourage owners to provide housing above HQS minimum
standards.
All utilities must be in service when the unit is inspected.
The stove or microwave and refrigerator must be present when the unit is inspected regardless of
who is supplying the appliances.
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There are five types of inspections the HA will perform:
L Initial/Move-in: Conducted upon receipt of Request For Lease Approval.
Inspections will be made in as timely a manner as possible, in most instances
within five days after receipt of the RLA. A record of all dates will be kept on
file.
2. Annual: Must be conducted within 12 months of the previous annual HQS
inspection.
3. Special/Complaint: At request of owner, family or anagency or third-party.
4. Move-Out/Vacate: At landlord request/if claim is to be submitted/at tenant request
as circumstances require for contracts effective before 1/96 only.
5. Quality Control: A quality control inspection will be conducted for at least 5
percent of all units which have been inspected.
B. ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HOS [24CFR 982.401(a)]
The HA adheres to the acceptability criteria in the program regulations and HUD Inspection
Booklet.
C. INSPECTIONS
The HA conducts an inspection in accordance with Housing Quality Standards at least annually,
90-120 days prior to the anniversary month of the contract. Special inspections may be
scheduled between anniversary dates.
HQS deficiencies which cause a unit to fail must be corrected by the.landlord unless it is a fail
for which the tenant is responsible. The family is only responsible for breaches of HQS which
are caused by:
Non-payment of utilities paid by the family,
Not providing, or failing to maintain, appliances not provided by the owner, and
Damages to the unit or premises caused by a household member or guest beyond normal
wear and tear.,This would also include resident caused trash on the premises such as
abandoned cars, wrecked furniture or other debris.
The family must allow the HA to inspect the unit at reasonable times with reasonable notice. [24
CFR 982.51 (d)]
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Inspections will be conducted on business days only at a time which is convenient for both the
tenant and the inspector. Effort will be made to have both owner and tenant present at the move-
in inspection.
Reasonable hours to conduct an inspection are generally between 9 a.m. and 4:00 p.m.;
accommodations may be made through prior arrangement with inspector.
The HA will notify the family in writing at least 14 days prior to the inspection. The family and
owner are notified of the date and time of the inspection appointment by mail. If the family is
unable to be present,they must reschedule the appointment so that the inspection is completed
within 14 days.
Failed Unit Notification
Owners whose units fail will be notified by the Housing Authority through the mail and given an
explanation on why the unit failed; such notification shall be given within one (1)week
following the inspection.
Reinspection
The family and owner are mailed a notice of the inspection appointment by mail. If the family is
not at home for the reinspection appointment, a card will be left at the unit. The appointment
letter contains a warning of abatement(in the case of owner responsibility), and a notice of the
owner's responsibility to notify the family and a warning of termination to the family for failure
to comply.
The family is also notified that it is a Family Obligation to allow the HA to inspect the unit. If
the family was responsible for a breach of HQS identified in Chapter 15, "Denial or Termination
of Assistance,"they will be advised of their responsibility to correct.
lime Standards for Repairs
1. Emergency items which endanger the family's health or safety must be corrected
within 24 hours of notification.
2. For non-emergency items,repairs must be made within 30 days.
3. For major repairs,the unit inspector may approve an extension beyond 30 days.
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D. EMERGENCY REPAIR ITEMS [24 CFR 982.401 (a)]
The following items are considered of an emergency nature and must be corrected by the owner
or tenant(whoever is responsible) within 24 hours of notice by the Inspector:
* Lack of security for the unit
* Waterlogged ceiling in imminent danger of falling
* Major plumbing leaks or flooding
* Natural gas leak or fumes
* Electrical problem which could result in shock or fire
* No heat
* Utilities not in service
*No running hot water
* Broken glass where someone could be injured
* Obstacle which prevents tenant's entrance or exit
* Lack of functioning toilet
* Any other life threatening or hazardous condition.
If the emergency repair item(s) are not corrected in the time period required by the HA, and the
owner is responsible,the housing assistance payment will be abated and the HAP contract will be
terminated.
If the emergency repair item(s) are not corrected in the time period required by the HA, and it is
an HQS breach which is a family obligation, the HA will terminate the assistance to the family
and the owner's payment will not be abated for the breach of HQS as long as the family is still in
residence.
E CONSEQUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY ITEMS)
When it has been determined that a unit on the program fails to meet Housing Quality Standards,
and the owner is responsible for completing the necessary repair(s) in the time period specified
by the HA,the assistance payment to the owner will be abated.
Abatement
A.Notice of Abatement will be sent to the owner, and the abatement will be effective from the
day after the date of the failed inspection. The notice is generally for 30 days.
The HA will reinspect abated units within upon notification that the work has been completed.
If the owner makes repairs during the abatement period, payment will resume on the day the unit
passes inspection.
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The family will be notified of the reinspection date.
No retroactive payments will be made to the owner for the period of time the rent was abated and
the unit did not comply with HQS. The notice of abatement states that the tenant is not
responsible for the HA's portion of rent that is abated.
Vermination of Contract
If the owner is responsible for repairs, and fails to correct all the deficiencies cited prior to the
end of the abatement period,the owner will be sent a HAP Contract Proposed Termination
notice. Prior to the effective date of the termination,the abatement will remain in effect.
If repairs are completed before the effective termination date,the termination may be rescinded
by the HA if the tenant chooses to remain in the unit. Only one Housing Quality Standards
inspection will be conducted after the termination notice is issued.
F. DETERMINATION OF RESPONSIBILITY [24 CFR 982.404, 982.54(d)(14)]
Certain deficiencies are considered the responsibility of the family:
Tenant-paid utilities not in service.
Failure to provide or maintain family-supplied appliances
Damage to the unit or premises caused by a household member or guest beyond normal
wear and tear
"Normal wear and tear" is defined as items which could be charged against
the tenant's security deposit under state law or court practice.
The owner is responsible for all other HQS violations.
The owner is responsible for vermin infestation even if caused by the family's living habits.
However, if such infestation is serious and repeated, it may be considered a lease violation and
the owner may evict for serious or repeated violation of the lease. The HA may terminate the
family's assistance on that basis.
The inspector will make a determination of owner or family responsibility during the inspection.
The owner or tenant may appeal this determination to the Housing Manager within 10 days of the
notice of the inspection.
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If the family is responsible but the owner carries out the repairs, the owner will be encouraged to
bill the family for the cost of the repairs and the family's file will be noted.
G. CONSEQUENCES IF FAMILY IS RESPONSIBLE
If non-emergency violations of HQS are determined to be the responsibility of the family, the
HA will require the family make any repair(s) or corrections within 30 days. If the repair(s) or
correction(s) are not made in this time period, the HA will terminate assistance to the family.
Extensions in these cases must be approved by the Housing Manager. The owner's rent will not
be abated for items which are the family's responsibility.
If the tenant is responsible and corrections are not made,the HAP Contract will terminate when
assistance is terminated.
H. INITIAL HQS INSPECTION
The Initial Inspection will be conducted to:
Determine if the unit and property meet the HQS defined in this Plan.
Document the current condition of the unit as a basis to evaluate whether the future
condition of the unit exceeds normal wear and tear.
Document the information to be used for determination of rent-reasonableness.
If the unit fails the initial Housing Quality Standards inspection, the family and owner will be
advised to notify the HA once repairs are completed.
On an initial inspection, the owner will be given up to an appropriate dumber of days to correct
the items noted as Fail, at the Inspector's discretion, depending on the amount and complexity of
work to be done.
The owner will be allowed up to one reinspection for repair work to be completed.
If the time period given by the Inspector to correct the repairs has elapsed, or the maximum
number of failed reinspection has occurred,the family must select another unit.
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I. ANNUAL HQS INSPECTION
Rent Increases
The HA will conduct an inspection using the Housing Quality Standards at least annually,prior
to the anniversary month of the contract. Contract rent increases or adjustments in the Certificate
program may not be given until the unit passes the HQS. Rent adjustment requests in the
Voucher program will not be approved if the unit is in a failed condition.
A request for an increase could result in a rent being adjusted downward (in other words a
decrease) if the unit exceeds comparable rents in the geographic area since the last rent
reasonableness test was conducted.
J. SPECIAL/COMPLAINT:INSPECTIONS
If at any time the family or owner notifies the HA that the unit does not meet Housing Quality
Standards,the HA will conduct an inspection.
The HA may also conduct a•special inspection based on information from third parties such as
neighbors or public officials.
The HA will inspect only the items which were reported, but if the Inspector notices additional
deficiencies that would cause the unit to fail HQS, the responsible party will be required to make
the necessary repairs.
If the anniversary date is within 120 days of a special inspection,the special inspection will be
categorized as annual and all annual procedures will be followed.
K. QUALITY CONTROL INSPECTIONS
Quality Control inspections will be performed by the Housing Manager on at least 5 percent of
the units of each area office. The purpose of Quality Control inspections is to ascertain that each
inspector is conducting accurate and complete inspections, and to ensure that there is consistency
among inspectors in application of the HQS.
The Quality Control Inspections 5 percent sample will contain units for both the Section 8
Certificate and Housing Voucher Programs. The sample will contain units inspected by each of
the Housing Authority's Unit Inspectors. It will also contain random samples within each
category of inspections (initial, annual and special) and units undergoing both initial and annual
inspections. Units that have been failed by the Unit Inspector will also be included in the 5%
random sample. Quality Control Inspections of units inspected by Unit Inspectors will be
conducted monthly by the Housing Manager. The Housing Manager's Quality Control Inspection
will be compared with the Unit Inspector's original inspection. Any differences between the
Quality Control Inspection and the original inspection will be discussed in detail in order to
determine the basis on which each inspector's decision was made. Results of the Housing
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Manager's Monthly Quality Control Inspection will be submitted to the Department of Housing
Operations for review and analysis.
The Department of Housing Operations will be responsible for assuring that the 5 percent
random sample requirement is being met by the Housing Authority and alternated annually.
Further, the sample should not repeat units within a three year period. The Director of Housing
Operations is responsible for on-going training for unit inspectors. Quality Control Inspections
will be on a sequential basis that is, first there is an original inspection of the unit by the unit
Inspector(whether initial, annual, or special), and then the Housing Manager returns to perform a
Quality Control Inspection. The Housing Manager will randomly select units inspected in the
month preceding the month in which the Quality Control Inspection is conducted. For training
purposes the Housing Manager may conduct simultaneous quality control inspections,that is, the
Housing Manager and Unit Inspector will conduct the inspection at the same time and discuss
differences immediately thereafter.
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Chapter 11
OWNER RENTS,RENT REASONABLENESS, AND PAYMENT STANDARDS
INTRODUCTION
The HA is responsible to ensure that the rents charged by owners are reasonable based upon
objective comparable rents in the market. When the HA has determined that the unit meets the
minimum HQS,that the lease is approvable,and that the rent is reasonable, it will make timely
payments to the owner and notify the owner of the procedures for rent adjustments in the
Certificate and Voucher programs. This Chapter explains the HA's procedures for determination
of rent-reasonableness,payments to owners, adjustments to the Payment Standards, and rent
adjustments.
A. OWNER PAYMENT JLNIRE CERTIFICATE PROGRAM
The payment to the landlord, called the Housing Assistance Payment, is the Contract Rent
approved by the HA less the Tenant Rent determined by the HA.
B. OWNER PAYMENT IN THE VOUCHER PROGRAM
The maximum subsidy for each family is determined by the Payment Standard for the Voucher
size issued to the family, less 30% of the family's Monthly Adjusted Income. The actual subsidy
level could be less if the family is required to pay the statuatory Minimum Total Tenant Payment
(the lower of 10% of the family's Monthly Income or $25).
The Voucher size issued to the family is based on the HA's Subsidy Standards. The payment
standard for the family is based on the lesser of the Payment Standard for the Voucher size
issued and the Payment Standard for the unit selected.
The Housing Assistance Payment to the owner is the lesser of the subsidy described above or the
rent charged by the owner.
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C. MAKING PAYMENTS TO OWNERS
Once a HAP Contract has been signed with the Owner and Housing Manager, it is forwarded to
the Fiscal Department to be processed for payment. There is a maximum turn around of four (4)
days for new contracts; thereafter the Owner receives the assistance payment prepaid to be
mailed on the last day of each month.
Annual adjustments to contract rents for the Section 8 Existing Contracts will be negotiated by
the Unit Inspector after making an inspection of the unit and determining rent reasonableness.
The negotiated rent will not exceed the applicable Annual Adjustment Factor(AAF)published in
the Federal Register unless it is insufficient to compensate the Owner for the requested rent. In
such cases the Unit Inspector may renegotiate the contract the contract rent within the Fair
Market Rent limit so long as it is reasonable and does not exceed rents being charged for
comparable unassisted units. Contract rents. will be renegotiated as a last resort and only if the
Owner will evict the family or not renew the lease at the Annual Adjustment Factor generated
rent. Owner concerns should be directed to the Housing Manager(See Chapter 19-1).
The Fiscal Director will determir-Affordability adjustments to the Payments Standard under the
Housing Voucher Program. Participating families will be advised at the time of their annual
reexamination of income if the Agency has adopted an Adjustment Standard Schedule. An
Owner's request for special adjustments will be evaluated by referring to all available evidence
which supports or disputes the Owner's claim. If deemed warranted, the request will by sent to
the HUD Area Office with a recommendation for approval.
- Payment claims for damages or loss of rent on contracts executed prior to January 1, 1996 will
be investigated by the Housing Manager. Before payment is authorized, a letter will be mailed to
the family at their last known address to advise them of their liability for this claim.
D RENT REASONABLENESS DETERMINATIONS [24 CFR 882.106 (b), 982.4]
Rent reasonableness determinations are made when units are placed under HAP Contract for the
first time, when owners request annual or special contract rent adjustments under the Certificate
Program, and when an owner requests a rent increase for in the Voucher Program.
For the Certificate and Voucher Programs,the HA will determine and document on a case-by-
case basis that the approved rent:
1. Does not exceed rents currently charged on new leases by the same owner for an
equivalent assisted or unassisted unit in the same building or complex, and
2. . Is reasonable in relation to rents currently charged by other owners for
comparable units in the unassisted market.
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At least three comparable units will be used for each rent determination, one of which must be
from the first category above if possible. All comparables must be based on the rent that the unit
would command if leased in the current market. Leased in the current market means that the unit
has been leased within the last 60 days.
The data for other unassisted units will be gathered from newspapers, Realtors, professional
associations, inquiries of owners, market surveys, and other available sources.
The market areas for rent reasonableness are all neighborhoods within the HA's jurisdiction.
Subject units within a defined housing market area will be compared to similar units within the
same area.
The following items will be used for rent reasonableness documentation:
Square Footage
Number of Bedrooms
Facilities
Location
Number of Bathrooms
Quality
Amenities
Unit Type
Management and Maintenance Services
The HA maintains an automated database in the area offices which includes data on unassisted
units for use by staff in making rent reasonableness determinations. The data is updated on an
ongoing basis and purged as necessary.
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E PAYMENT STANDARDS FOR THE VOUCHER PROGRAM
[24 CFR 887.351 (a)(b)]
The Payment Standard is initially set by the HA at the Fair Market Rent in effect at the time the
Annual Contributions Contract for the first increment of Voucher funding is approved by HUD.
The Payment Standard is used to determine the maximum subsidy which can be paid by the HA
on behalf of the family holding a Section 8 voucher.
F. ADJUSTMENTS TO PAYMENT STANDARDS
[24 CFR 887.209 (b),887.351 (c)(d)]
Payment Standards may be adjusted to increase Housing Assistance Payments in order to keep
families' rents affordable. The HA will not raise the Payment Standards so high that the number
of families that can be assisted under available funding is substantially reduced.Nor will the HA
raise Standards if the need is solely to make "high end" units available to Voucher holders.
The HA will review the Payment Standard annually to determine whether an adjustment should
be made for some or all unit sizes. The Payment Standard will be reviewed according to HUD's
requirements and this policy and if an increase is warranted, the payment standard will be
adjusted within 80% of the current Fair Market Rent.
The HA may use some or all of the measures below in making its determination whether an
adjustment should be made to the Payment Standards.
Quality of Units Selected
The HA will review the quality of units selected by participant families before determining any
change to the Payment Standard to ensure that Payment Standard increases are only made when
needed to reach the mid-range of the market.
Lowering of the Payment Standard
Statistical analysis may reveal the Payment Standard should be lowered, in which case, the
Payment Standard should not be less than 80% of the current FMR. If the FMR is lowered,the
Payment Standard may not exceed the FMR except in those cases where families are held
harmless until they move to a different dwelling unit or have a change in family composition
which would affect their Voucher size.
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Financial FeasibilitX
Before increasing the Payment Standard, the HA may review the budget and the project reserve,
to determine the impact projected subsidy increases would have on funding available for the
program and number of families served.
For this purpose,the HA will compare the number of families who could be served under a
higher Payment Standard with the number assisted under current Payment Standards.
File Documentation
A.file will be retained by the HA for at least three years to document the analysis and findings to
justify whether or not the Payment Standard was changed.
M
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G. RENT ADJUSTMENTS [24 CFR 882.108]
Certificate Program
The HA will notify owners of their right to request a rent adjustment in advance of the
anniversary date. The approval or disapproval decision regarding the adjustment will be based
on HUD-required calculations and a rent reasonableness determination. The adjustment may be
an increase or a decrease, but may never result in a contract rent lower than the initial contract
rent on the current HAP Contract.
Owners must request the rent adjustment in writing. If the request is not received within 30 days,
the HA will not approve an annual adjustment for that year.
Rent adjustments to owners under the Certificate Program are effective on the anniversary date
of the HAP Contract(unless the unit is in a failed condition at that time):The change in rent does
not affect the automatic renewal of the lease and does not require a new lease or contract or even
an executed amendment. A notice of rent change will be sent to the owner and the family.
Rent increases must pass the rent reasonableness test and may not exceed the Adjustment Factor
published annually by HUD (even if justified by rent reasonableness) unless the owner requests a
Special Adjustment to be approved by HUD and the HA to cover increases in property taxes,
assessments, or utility rates.
Disapproval of Requests for Adjustment
If the HA rejects the owner's request for rent adjustment as exceeding rent reasonableness and
the owner rejects the HA's determination (both the unit inspector and housing manager), the
owner may offer the tenant a new lease (after receiving the HA's approval) with a sixty-day
notice to the tenant. If the tenant refuses or the owner does not offer a new lease (See Leases), the
owner may institute court action to terminate tenancy. The HA will issue a new Certificate to the
family. Prior to issuing a new certificate, the HA and owner are encouraged to attempt to resolve
the situation with the least disruption to all parties.
After the tenant has begun searching for a new housing unit and/or after court action has been
initiated, the owner may decide to accept the current lease. If the owner and tenant agree, the
lease can continue.
If the-tenant accepts the offer of a new lease, an RLA must be submitted and the requested rent
subjected to rent reasonableness and, for the certificate program,the FMR limitations.
If a new lease is executed, a new Contract must also be executed.
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Voucher Program
Owners may not request rent adjustments in the Voucher Program to be effective prior to the
expiration of the first year of the lease. Rent adjustments are effective:
With a sixty-day notice to the-family and a copy to the HA. The HA will advise the
family as to whether the rent is reasonable and shall approve or disapprove the rent
adjustment.
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Chapter 12
RECERTIFICATIONS
INTRODUCTION
HUD requires that the HA recertify the income and household composition of all families at least
annually. In addition,the HA is required to inspect the assisted unit at least annually(See
Chapter 10) ,and to process requests'for rent adjustments in the Certificate program(See Chapter
11).These activities must be coordinated to ensure that they are completed m accordance with
the regulation. It is a HUD requirement that families report all changes in household
composition,but the HA decides what other changes must be reported, and the procedures for
reporting them. This Chapter defines the HA's policy for conducting annual recertifications and
coordinating the three annual activities. It also explains the interim reporting requirements for
families, and the standards for timely reporting.
A. ANNUAL ACTIVITIES
There are three activities the HA must conduct on an annual basis. These activities will be
coordinated whenever possible:
1. Recertification of Income and Family Composition
2. HQS Inspection
3. Contract Rent Adjustment when requested by Owner(Certificate only)
The HA produces a monthly listing of units under contract to ensure that timely reviews of
contract rent,housing quality, and factors related to Total Tenant Payment can be made.
Requests for rent adjustments and other monetary changes will be transmitted to the Fiscal
Department.
Annual activities for contracts that did not commence on the first of the month must be
conducted no later than the first of the month in which the lease waseffective.
Annual inspections: See Chapter 10,"Housing.Quality.Standards and Inspections
Rent Adjustments: See Chapter 11,"Owner Rents,Rent Reasonableness and Payment
Standards"
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B. ANNUAL RECERTIFICATION/REEXAMINATION [24 CFR 882.212 (a), 887.355]
The Housing Authority will reexamine the incomes and family composition of participants at
least once a year(normally on the anniversary date of the effective date of the lease)to determine
continued eligibility and make any adjustments in the family contribution for rent.
During the annual or regular re-exam,the Housing Authority will also review changes in family
size that might require a change to the amount of bedrooms entered on the Certificate or
Voucher. Participants whose family composition has either reduced or increased are not required
to move from their current unit..Rather,the number of bedrooms reflected on their
Certificate/Voucher must be changed. Thus, if a family is overhoused, but its unit is within the
Fair Market and reasonable rent for the smaller unit or the Owner will accept a lower rent, the
family does not have to move.Units will also be inspected to ensure compliance with Housing
Quality Standards.
Income limits are not used as a test for continued eligibility at recertification unless the family is
moving under portability and changing their form of assistance.
Reexamination Notice to the Family
The HA will maintain a reexamination tracking system and the household will be notified by
mail of the date and time for their interview at least 94 days in advance of the anniversary date. If
requested as an accommodation by.a person with a disability,the HA will provide the notice in
an accessible format. The HA will also mail the notice to a third party, if requested as reasonable
accommodation for a person with disabilities. These accommodations will be granted upon
verification that they meet the need presented by the disability.
Procedure
The HA's procedure for conducting annual recertifications will be: schedule the date and
time of appointments and mail a notification to the family.
Persons with Disabilities
Persons with disabilities,who are unable to come to the HA's office will be granted an
accommodation of conducting the interview at the person's home,upon verification that
the accommodation requested_meets the need presented by the.disability.
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Collection of Information
The HA will require the family to complete a Personal Declaration Form prior to all
recertification interviews.
Requirements to Attend
The following family members will be required to attend the recertification interview:
* All adult household members
Failure to Respond to Notification to Recertify
The written notification must state-which family members are required to attend the interview.
The family may call to request another appointment date prior to the interview.
If the family does not appear for the recertification interview, and has not rescheduled or made
prior arrangements with the HA,the HA will attempt to reschedule a second appointment.
If the family fails to appear for.the second appointment,and has not rescheduled or made prior
arrangements, the HA will
* Terminate assistance to the family, and offer them an informal hearing.
* Exceptions to these policies may be made by the Housing Manager if the family is able
to document an emergency situation that prevented them from canceling or attending the
appointment.
Documents Required From the Family
In the notification letter to the family,the HA will include instructions for the family to bring the
following:
* Documents to support any preference claims
* Documentation of income for all family members
* Documentation of liquid and non-liquid assets
* Documentation of;any�deductions/allowances
* Personal Declaration Form completed by head of household
-.*,Other documents as may be required by the family's,circumstances.
Verification of Information
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The HA will follow the verification procedures and guidelines described in this Plan.
Verifications for reexaminations must be less than 120 days old.
Tenant Rent Increases
If tenant rent increases, a thirty day notice is mailed to the family prior to the anniversary date.
If less than thirty days are remainirig'before the anniversary date,the tenant rent increase will be
effective on the first of the month following the thirty day notice.
If there has been a misrepresentation or a material omission by the family, or if the family causes
a delay in the reexamination processing,there will be a retroactive,increase in rent to the
anniversary date.
Tenant Rent Decreases
If tenant rent decreases, it will be effective on the anniversary date.
If the family causes a delay so that the processing of the reexamination is not complete by the
anniversary date, rent change will be effective on the first day of the month following completion
- of the reexamination processing by the HA.
C. REPORTING INTERIM CHANGES [24 CFR 882.212 (b), 887.357]
HUD requires program participants to report all changes in household composition to the HA
between annual reexaminations. This includes additions due to birth, adoption and court-awarded
custody. The family must obtain HA approval prior to all other additions to the household.
The U.S. citizenship/eligible immigrant status of additional family members must be declared
and verified as required at the first interim or regular recertification after moving into the unit.
Interim Reexamination
The Authority will conduct interim reexaniitlations`under"the following circumstances:
• The family reports an increase/decrease in household income(lasting more than 30
days),
• The family reports an increase in family composition due to marriage,birth,adoption,
or other addition to the household; or
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• The family reports a decrease in family composition due to divorce, death,
institutionalization, or other reduction.
Increases in Income
The HA will conduct interim reexaminations when families have an increase in income.
Families will be required to report all increases in income/assets of the all household members to
the HA in writing immediately.
Decreases in Income
Participants may report a decrease in income and other changes which would reduce the amount
of tenant rent, such as an increase in allowances or deductions. The HA must calculate the
change if a decrease in income is.reported.
SIA Errors
If the HA makes a calculation error at admission to the program or at an annual reexamination,
an interim reexamination will be conducted to correct the error, but the family will not be
charged retroactively.
Temporary Determination of Income and Special Reexaminations
When it is not possible to estimate projected family income upon admission or regular
reexamination because the person or family's circumstances are unclear, the Authority will make
a temporary determination of income and schedule a special reexamination. If the person's or
family's economic circumstances have not stabilized by the date of scheduled special
reexamination, the Housing Authority will extend the reexamination. The Housing Authority will
make temporary determinations in the following cases:
• the person/family has no income and no prospect of income, or
• the person/family's sole source of income is unemployment compensation.
In the case of a participant reporting zero income,a special reexamination must be scheduled in
30 days. In the case of a participant reporting unemployment compensation as the sole source of .
income, special reexams maybe scheduled up to.90:days after,the temporary determination.:
Other Interim Reporting Issues
An interim reexamination does not affect the date of the annual recertification.
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The Housing Authority may conduct the interim by mail as a reasonable accommodation when
requested. (See Chapter 1, "Statement of Policies and Objectives".
Any changes reported by participants other than those listed in this section will be notated in the
file by the staff person but will not be processed between regularly-scheduled annual re-
certifications.
D NOTIFICATION OF RESULTS OF RECERTIFICATIONS
The HUD form 50058 will be completed and transmitted as required by HUD.
The Notice of Rent Change is mailed to the owner and the tenant. Signatures are not required by
the HA. If the family disagrees with the rent adjustment they may request an informal hearing.
E. TIMELY REPORTING OF CHANGES IN INCOME (AND ASSETS
Standard for Timely Reporting of Changes
The HA requires that families report interim changes to the HA within 10 days of when the
change occurs. Any information, document or signature needed from the family which is needed
to verify the change must be provided within 30 days of the change.
If the change is not reported within the required time period, or if the family fails to provide
documentation or signatures, it will be considered untimely reporting.
Procedures when the Change is Reported in a Timely Manner
The HA will notify the family and the owner of any change in the Housing Assistance Payment
to be effective according to the following guidelines:
Increases in the Tenant Rent are effective on the first of the month following at least
thiM days' notice.
Decreases in the Tenant Rent are effective the first of the month following that in which
the change occurred. However,no rent reductions will be processed until all the facts
have been verified, even if a retroactive adjustment results.
The change will-not be made until the third party verification is received. - -
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Procedures when the Change is Not Reported by the Tenant in a Timely Manner
If the family does not report the change as described under Timely Reporting, the family will
have caused an unreasonable delay in the interim reexamination processing and the following
guidelines will apply:
Increase in Tenant Rent will be effective retroactive to the date it would have been
effective had it been reported on a timely basis. The family will be liable for any overpaid
housing assistance and may be required to sign a Repayment Agreement or make a lump
sum payment.
Decrease in Tenant Rent will be effective on the first of the month following completion
of processing by the HA and not retroactively.
Procedures when the Change is Not Processed by the HA in a Timely Manner
"Processed in a timely manner"means.that the change goes into effect on the date it should when
the family reports the change in a timely manner. If the change cannot be made effective on that
date,the change is not processed by the HA in a timely manner.
In this case, an increase will be effective after the required thirty days' notice prior to the first of
the month after completion of processing by the HA.
If the change resulted in a decrease, the overpayment by the family will be calculated
retroactively to the date it should have been'effective, and the family will be credited for the
amount.
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F. REPORTING OF CHANGES IN FAMILY COMPOSITION
[ 24 CFR 882.213, 887.359 (a)(b)]
All changes in family composition must be reported within 10 days of the occurrence.
Increases in Family Size
Increases other than by birth, adoption or court-awarded custody must have the prior approval of
the owner and the HA.
If a change due to birth, adoption, court-awarded custody, or need for a live-in attendant requires
a larger size unit due to overcrowding, the change in Certificate/Voucher shall be made effective
immediately. The HA may determine whether to issue a Certificate or Voucher in this instance
based on funding availability. If there is no funding availability in either-program, the family will
be placed on the Transfer list.
G. CONTINUANCE OF ASSISTANCE FOR"MIXED" FAMILIES
[ 24 CFR 812.10 (c)]
Under the Noncitizens Rule, "Mixed" families are families that include at least one citizen or
eligible immigrant and any number of ineligible members.
"Mixed" families who were participants on June 19, 1995, shall continue receiving full
assistance if they meet the following criteria:
1. The head of household or spouse is a U.S. citizen or has eligible immigrant status;
AND
2. All members of the family other that the head,the spouse, parents of the head,
parents of the spouse, and children of the head or spouse are citizens or eligible
immigrants. The family may change the head of household to qualify under this
provision.
If they do not qualify for continued assistance,the member(s)that cause the family to be
ineligible for continued assistance may move,the family may choose prorated assistance (See
Chapter 6,"Factors Related to Total Tenant Payment.Determination"), or the HA may offer
temporary deferral of termination(See Chapter 15, "Denial or Termination of Assistance").
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Chapter 13
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
INTRODUCTION
HUD regulations permit families to move with continued assistance to another unit within the
HA's jurisdiction, or to a unit outside of the HA's jurisdiction under Portability procedures. The
regulations also allow the HA the discretion to develop policies which define any limitations or
restrictions on moves. This Chapter defines the procedures for moves,both within and outside of,
the HA's jurisdiction, and the policies for restriction and limitations on moves.
A. ALLOWABLE MOVES
A family may move to a new unit-if,
1. The assisted.lease for the old unit has terminated because the HA has terminated
the HAP contract for owner breach, or the lease was terminated by mutual
agreement.of the owner and the family.
2. The owner has given the family a notice to vacate, or has commenced an action to
—� evict the tenant, or has obtained a court judgment or other process allowing the
owner to evict the family (unless assistance to the family will be terminated).
3. The family has given proper notice of lease termination (if the family has a right
to terminate the lease on notice to owner).
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B. RESTRICTIONS ON MOVES [24 CFR 982.314, 982.552]
Families will not be permitted to move outside the HA's jurisdiction under portability
procedures during the initial year of assisted occupancy.
The HA will deny permission to move if there is insufficient funding for continued assistance.
The HA will deny permission to move to if-
*
£* The family has violated a Family Obligation.
* The family owes the HA money or has breached a repayment agreement
* The family has moved or been issued a Certificate or Voucher within the last twelve
months.
The Director of Housing Operations may make exceptions to these restrictions if there is an
emergency reason for the move over which the participant has no control.
For units under a Certificate contract effective before January, 1996,if the family vacates
the unit without proper notice in writing to the owner,the family will be responsible for
any vacancy loss paid by the HA.
C. PROCEDURE FOR MOVES
Issuance of Certificate/Voucher
If the family has been recertified within the last 120 days, the HA will issue the certificate or
voucher to move upon the family's request.
If the family does not locate a new unit, they may remain in the current unit so long as the owner
permits.
Notice Requirements
Briefing sessions emphasize the family's responsibility to give the owner and the HA proper
written notice of any intent to move.
The family must give the owner the required number.of days written notice of intent to vacate
specified in the lease and must give a copy to the HA simultaneously.
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Time of Contract Change
A move within the same building or project, or between buildings owned by the same owner,
will be processed like any other move except that there will be no overlapping assistance.
In a move, assistance stops at the old unit at the end of the month in which the tenant ceased to
occupy, unless proper notice was given to end a lease midmonth. Assistance will start on the
new unit on the effective date of the lease and contract. Assistance payments may overlap for the
month in which the family moves.
D. PORTABILITY [24 CFR 9$2.353]
Portability applies to families moving out of or into the HA's jurisdiction within the United
States and its territories. Under portability, families are eligible to receive assistance to lease a
unit outside of the initial HA's jurisdiction. The unit maybe located:
1. In the same state as-tile.initial HA;
2. In the same metropolitan statistical area(MSA) as the initial HA, but in a different
state;
3. In an MSA adjacent to the MSA of the initial HA, but in a different state:
... 4. In the jurisdiction of an HA anywhere within the United States that administers a
tenant based program.
E. OUTGOING PORTABILITY [24 CFR 982.353, 982.355]
When a family requests to move to outside of the HA's jurisdiction,the request must specify the
area to which the family wants to move.
If the family is moving to a unit located in the same state as the initial HA, in the same MSA, but
in a different state, or in an adjacent MSA in a different state, and there is not an HA in the area
where the unit is located, the initial HA will be responsible for the administration of the family's
assistance.
Restrictions on Porta H4
1. Families will not be permitted to exercise portability during the initial 12 month
penod.after admission to the program, if neither the head or spouse had a domicile
(legal residence).in the HA's jurisdiction at the date of their initial application for
assistance.
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2. If the family is in violation of a family obligation.
3. If the family owes money to the HA.
Outgoing Portability Procedures
The HA will provide pre-portability counseling for those families who express an interest in
portability. If the family is utilizing portability for their initial lease-up, the HA will-determine if
the family is within the very low income limit of the receiving HA. If the receiving HA will
absorb and the family will be changing its form of assistance,the HA will determine if the family
is within the low income limit of the receiving HA, and advise the family accordingly.
The HA will notify the Receiving HA that the family wishes to relocate into its jurisdiction.
The HA will advise the.family how to contact and request assistance from the receiving H.A.
The HA will notify the receiving.-,HA that the family will be moving into its jurisdiction.
The HA will provide the following documents and information to the Receiving HA:
1. A copy of the family's Certificate or Voucher, with issue and expiration dates,
formally acknowledging the family's ability to move under portability.
2. The most recent HUD 50058 form and verifications.
3. Declarations and verifications of U.S. citizenship/eligible immigrant status.
The Receiving HA must notify the HA within 30 days of the following:
The Receiving HA decides to absorb the family into their own program.
The family leases up or fails to submit a Request for Lease Approval by the required date.
Assistance to a portable family is terminated by the Receiving HA.
The family requests to move to an area outside the Receiving HA's jurisdiction.
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Payment to the Receiving HA
The HA will requisition funds from HUD based on the anticipated lease-ups of portable
Certificates or Vouchers in other HA's jurisdictions. Payments for families in other jurisdictions
will be made to other HAs when billed or in accordance with other HUD approved procedures
for payment.
When billed, the HA will reimburse the Receiving HA for 100% of the Housing Assistance
Payment, 100% of the Special Claims paid on HAP contract effective prior to 1/1/96, and 80% of
the Administrative Fee (at the initial HA's rate), and any other HUD-approved fees.
Cly
The HA will be responsible for collecting amounts owed by the family for claims paid and for
monitoring the repayment prior to issuing a repayment agreement. If subsequent financial claims
are made,the HA will notify the Receiving HA if the-family is in arrears or if the family has
refused to sign a Repayment Agreement, and the Receiving HA will be asked to terminate
assistance to the family as allowed`by this Administrative Plan.
Receiving HA's will be required to submit hearing determinations to the HA within 30 days.
F. INCOMING PORTABILITY [24 CFR 982.354, 982-3551
Absorption or Administration
The HA will accept a family with a valid Certificate/Voucher from another jurisdiction and
administer or absorb the Certificate/Voucher. If administering, the family will be issued a
"Portability" Certificate or Voucher by the HA with the same start date. The HA may grant
extensions in accordance with this Administrative Plan.
The HA will absorb all incoming portable families provided that there is funding available.
When the receiving HA does not absorb the incoming Voucher or Certificate, it will administer
the Initial HA's Voucher or Certificate and the receiving HA's policies will prevail.
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For initial lease-up, the family must be within the HA's Very-Low Income limits. For
participants, the HA may issue either a Certificate or Voucher but if the form of assistance
changes, the family must be within the HA's Low Income limits. If the family is ineligible under
the receiving HA's low income limit because the form of assistance offered causes the family to
change programs, the receiving HA must absorb the family without a change in the form of
assistance, or administer the family's current form of assistance.
The HA will issue a"Portability Certificate" or"Portability Voucher" according to its own
Subsidy Standards. If the Family has a change in family composition which would change the
Certificate or Voucher size,the HA will change to the proper size based on its own Subsidy
Standards.
The HA will decide whether to extend the"Portability Certificate/Voucher"and for what period
of time.The HA's policy on suspensions will apply. However, if the Family decides not to lease-
up in the HA's jurisdiction,the Family must request an extension from the Initial HA.
For Old Rule contracts, the HA's unpaid rent, damage and vacancy loss claim policies prevail.
Income and TTP of Incoming Portables
As Receiving HA,the HA will conduct a recertification interview but only verify the information
provided if the documents are missing or are over 120 days old, whichever is applicable, or there
has been a change in the family's circumstances.
If the family's income exceeds the income limit of the HA, the family will not be denied
assistance unless the family is an applicant(and over the Very-Low Income Limit).
If the family's income is such that a$0 subsidy amount is determined prior to lease-up in the
HA's jurisdiction, the HA will refuse to enter into a contract on behalf of the family at $0
assistance.
Requests for Lease Approval
When the Family submits a Request for Lease Approval, it will be processed using the HA's
policies.
When anException Rent is requested by an incoming Certificate holder,the HA will check with
the Initial HA to determine whether exception rent authority is available.
If the Family leases up successfully,the HA will notify the Initial HA within 30 days, and the
billing process will commence.
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If the HA denies assistance to the family, the HA will notify the Initial HA within 30 days and.
the family will be offered a review or hearing.
The HA will notify the Family of its responsibility to contact the Initial HA if the Family wishes
to move outside the HA's jurisdiction under continued portability.
Terminations
The HA will notify the Initial HA in writing of any termination of assistance within 30 days of
the termination. If an Informal Hearing is required and requested by the Family, the hearing will
be conducted by the HA, using the regular hearing procedures included in this Plan. A copy of
the hearing decision will be furnished to the Initial H.A.
The Initial HA will be responsible for collecting amounts owed by the Family for claims paid
and for monitoring repayment. If the Initial HA notifies the HA that the Family is in arrears or
the Family has refused to sign a Repayment Agreement, the HA will terminate assistance to the
family.
Required Documents
As Receiving HA,the HA will require the following documents from the Initial HA:
1. A copy of the family's Certificate or Voucher, with issue and expiration dates,
formally acknowledging the family's ability to move under portability.
2. The most recent HUD 50058 form and verifications.
3. Declarations and verifications of U.S. citizenship/eligible immigrant status.
Billing Procedures
As Receiving HA,the HA will bill the Initial HA monthly for Housing Assistance Payments.
The billing cycle for other amounts, including Administrative Fees and Special Claims will be
monthly unless requested otherwise by the Initial HA.
The HA will bill 100%of the Housing Assistance Payment, 100%of Special Claims and 80% of
the Administrative Fee(at the Initial HA's rate)and any other HUD-approved fees, for each
"Portability" Certificate/Voucher leased as of the first day of the month.
The HA will notify the Initial HA of.changes in subsidy amounts and will expect the Initial HA
to notify the HA of changes in the Administrative Fee amount to be.billed:
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Chapter 14
CONTRACT TERMINATIONS
INTRODUCTION
The Housing Assistance Payments (HAP) Contract is the contract between the owner and the HA
which defines the responsibilities of both parties. This Chapter describes the circumstances under
which:the contract can be terminated by the HA and the owner, and the policies and procedures
for such terminations.
A. CONTRACT TERMINATION
The term of the HAP Contractis the same as the term of the lease. The Contract between the
owner and the HA may be terminated by the HA, or by the owner or tenant terminating the lease.
No future subsidy payments on behalf of the family will be made by the HA to the owner after
the month in which the Contract is terminated. The owner must reimburse the HA for any
subsidies paid by the HA for any period after the contract termination date.
If the family continues to occupy the unit after the Section 8 contract is terminated, the family is
responsible for the total amount of rent due to the owner. The owner will have no right to claim
compensation from the HA for vacancy loss under the provisions of Certificate contracts
effective on or after January 1, 1996.
After a contract termination, if the family meets the criteria for a move with continued assistance,
the family may lease-up in another unit. The contract for the new unit may begin during the
month in which the family moved from the old unit.
B. TERMINATION BY THE FAMILY: MOVES [24 CFR 982.314 (c)(2)]
The lease stipulates that the family cannot move from the unit until after the first year of the
lease.The notice period to the,landlord is determined by the lease,but may not exceed 60 days.
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C. TERMINATION BY THE OWNER:-EVICTIONS [24 CFR 982.310, 982.455]
If the owner wishes to terminate the lease,the owner is required to evict, using the notice
procedures in the HUD regulations and State/local law. The owner must provide the HA with a
copy of the eviction notice.
The owner must provide the tenant a written notice specifying the grounds for termination of
tenancy, at or before the commencement of the eviction action. The notice may be included in, or
may be combined with, any owner eviction notice to the tenant.
The 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 contract and lease require that the owner may evict for the following reasons (recent changes
are spelled out explicity below):
1. Serious or repeated violation of the terms and conditions of the lease,
2. Violation of Federal, State or local law that imposes obligations on the tenant in
connection with the occupancy or use of the premises,
3. Other good cause, including:
Criminal activity by the tenant, any member of the household, a guest or
another person under the tenant's control that threatens the health, safety or
right to peaceful enjoyment of the premises by the other residents, or
persons residing in the immediate vicinity of the premises.
Any drug-related criminal activity on or near the premises,
Tenant history of disturbance of neighbors, destruction of property, or
behavior resulting in damage to the premises.
The eviction notice must specify the cause for the eviction.
*Legislation incorporated in an Amendment to the 1996 Appropriations Act suspended the"take one-take all"rule
for owners. Previously,Section 8 regulations required that an owner who entered into a Section 8 housing contract
on behalf of any tenant in a multifamily housing project could not refdse to lease certainunits in all multifamily
projects of the.owner,if the proximate cause of the refusal was that the family was a certificate or voucher holder.
This same legislation also eliminated,the so-called"endless lease". Current and future tenant-based leases may be
terminated without cause AT THE END OF THE INITIAL TERM and at the end of any term extension. The 1995
Conforming rule provides that the initial term of the lease must be for at least one year and the lease must provide
either for automatic renewal for successive definite terms(e.g.month-to-month or year-to-year)'or for an automatic
indefinite extension of the lease term. Except as required by state or local law,an owner participating in the tenant-
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based program may terminate tenancy without cause at the end of the initial lease term or at the end of a successive
term. For example, if the lease provides for automatic renewal on a month-to-month basis,the owner may terminate
tenancy without cause at the end of the month. During the course of each month,however,the owner may only
terminate the tenancy if the owner has cause under the grounds for termination of tenancy stated in the lease
addendum.
If the owner's lease provides for an automatic indefinite extension of the lease after the initial term(e.g.does not
provide for a month-to-month or year-to-year extension),the owner may only terminate the tenancy after the initial
term FOR CAUSE. If an owner with a lease with successive indefinite terms wants to switch to a lease for
successive definite terms,the owner may offer the family a new or revised lease. These changes initially were set to
expire September 30, 1996. Owners and participants will be informed if/or when the regulations are renewed.
Housing assistance payments are paid to the owner under the terms of the HAP Contract. If the
owner has begun eviction and the family continues to reside in the unit, the HA 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.
The HA will continue housing assistance payments until the family moves or is evicted from the
unit.
If the action is finalized in court,the owner must provide the HA with the documentation,
including notice of the lock-out date.
The HA 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. By
endorsing the monthly check from the HA,the owner certifies that the tenant is still in the unit
and s/he is in compliance with the contract.
If the eviction is not due to a serious or repeated violation of the lease, and if the HA has no other
grounds for termination of assistance, the HA will issue a new certificate or voucher so that the
family can move with continued assistance.
' - ;.. t .: -<. _:: ..'._ ....r.-. - .. >... .....'C--�,=.533 •€
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D TERMINATION OF THE CONTRACT BY HA
[24 CFR 982.404 (a), 982.453, 982.454, 982.552 (a)(3)]
The term of the HAP contract terminates when the lease terminates, when the HA terminates
program assistance for the fancily, and when the owner has breached the HAP contract.
Any of the following actions will be considered a breach of contract by the owner:
1. The owner has violated any obligation under the HAP contract for the dwelling
unit, including the owner's obligation to maintain the unit to HQS standards,
including any standards the HA has adopted in this policy.
2. The owner has violated any obligation under any other housing assistance
payments contract under Section 8 of the 1937 Act(42 U.S.C. 1437f).
3. The owner has committed fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program.
4. The owner has failed to comply with regulations,the mortgage or note, or the
regulatory agreement for projects with mortgages insured by HUD or loans made
by HUD.
5. The owner has engaged in drug trafficking.
Cancellation of Other Contracts and Disqualification of Owners for Repeated Program
Violations.
The Housing Authority will not enter into HAP contracts with Owners with a history of serious
and repeated violations under the Section 8 program, rules, or HACCC policy and procedures.
Factors to consider in determining owner disqualification under this policy include:
• The harm that would result to the family if the Housing Authority does not approve the
contract;
• The harm caused by the owners violation of the program;
• Any actions taken by the Owner to cure program violations; and
• The cost involved in the program violation,including money and agency time.
All owner disqualifications under this policy must be submitted to the Director of Housing
Operations for approval.,Decisions to disqualify will be considered on a case-by-case basis; an
owner recommended for disqualification by a Housing Manager may present facts it believes
counsels against disqualification to the Director of Housing Operations in writing. Owners
disqualified from participation from the program may request to be reconsidered after a year has
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t-
passed from the date of disqualification. The Director of Housing Operations will consider such
requests according to the considerations discussed above and any curative actions taken by the
Owner since the disqualification.
Other Reasons To Terminate Contract with Owner
The HA may also terminate the contract if.
The HA terminates assistance to the family.
The family is required to move from a unit which is under-occupied(Certificate Program)
or overcrowded(Certificate and Voucher Programs).
Funding is no longer available under the ACC.
The contract will terminate automatically if 180 days have passed since the last housing
assistance payment to the owner.---,.,
Notice of Termination
The HA will provide the owner and family with at least thirty days written notice of termination
of the contract.
E. TERMINATIONS DUE TO INELIGIBLE IMMIGRATION STATUS
[24 CFR 812.9]
For families who were participants on June 19, 1995, terminations due to the ineligible
immigration status of all members of the family, or because a"mixed" family chooses not to
accept proration of assistance, may be-,temporarily deferred for intervals not to exceed.six months
(up to a maximum of three years) if necessary to permit the family additional time for transition
to affordable housing.
The family will be notified in writing at least 60 days in advance of the expiration of the deferral
period that termination of assistance will not be deferred because:
a) granting another deferral will result in an aggregate deferral period of longer than
three years,or
b) a determination has been made that other affordable housing is available.
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F. TERMINATION DUE TO OWNER DISAPPROVAL [24 CFR 982.4531
If the HA terminates the contract due to owner disapproval (See Chapter 9, "Request for Lease
Approval and Contract Execution"),the HA will provide the owner and family with at least thirty
days written notice of termination of the contract.
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Chapter 15
DENIAL OR TERMINATION OF ASSISTANCE
INTRODUCTION
The HA may deny or terminate assistance for a family because of the family's action or failure to
act. The HA will provide families with a written description of the Family Obligations under the
program,the grounds under which the HA can deny or terminate assistance, and the HA's
informal hearing procedures. This Chapter describes when the HA is required to deny or
terminate assistance, and the HA's policies for the denial of a new commitment of assistance and
the grounds for termination of assistance under an outstanding HAP contract.
A. GROUNDS FOR DENIAL/TERMINATION [24 CFR 982.552, 982.553]
If denial or termination is based upon behavior resulting from a disability, the HA will delay the
denial or termination in order to determine if there is an accommodation which would negate the
behavior resulting from the disability.
Form of DeniaVTermini ation
Denial of assistance for an applicant may include any or all of the following:
I. Denial for placement on the HA waiting list
2. Denying or withdrawing a certificate or voucher
3. Refusing to enter into a HAP contract or approve a lease
4. Refusing to process or provide assistance under portability procedures
Termination of assistance for a participant may include any or all of the following:
1. Refusing to enter into a HAP contract or approve a lease
2. Terminating housing assistance payments under an outstanding HAP contract
3. Refusing to process or provide assistance under portability procedures
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Mandatory Denial and Termination [24CFR 982.552 (10)(d)]
The HA must deny assistance to applicants, and terminate assistance for participants:
1. If any member of the family fails to sign and submit HUD or HA required consent
forms for obtaining information.
2. If no member of the family is a U.S. citizen or eligible immigrant.
3. If the family is under contract and 180 days have elapsed since the HA's last
housing assistance payment was made.
Grounds for Denial or Termination of Assistance [24CFR 982.552 (b)]
The HA may at any time.deny program assistance for an-applicant, or terminate program
assistance for a participant, for any of the following reasons:
I. The family violates any family obligation under the program as listed in 24 CFR
982.551.
2. Any member of the family has ever been evicted from public housing.
3. The family currently owes rent or other amounts to the HA or to another HA in
connection with Section 8 or public housing assistance under the 1937 Act.
However, if the family pays the amount owed in full by the time they reach the
top of the waiting list,the Housing Authority will consider housing the family, or
in the case of a participant family, will consider transferring the family.
4. The family has not reimbursed any HA for amounts paid to an owner under a
HAP contract for rent, damages to the unit, or other amounts owed by the family
under the lease. However, if the family pays the amount owed, the Housing
Authority will consider housing the family, or in the case of a participant family,
the HA will consider transferring.the family.
5. The family breaches an agreement with an HA to pay amounts owed to an HA, or
amounts paid to an owner by an HA.
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i
6. The family has engaged in or threatened abusive or violent behavior toward HA
personnel.
"Abusive or violent behavior towards HA personnel" includes verbal as well as
physical abuse or violence. Use of expletives that are generally considered
insulting, racial epithets, or other language,written or oral,that is customarily
used to insult or intimidate, may be cause for termination or denial.
"Threatening"refers to oral or written threats or physical gestures that
communicate an intent to abuse or commit violence.
Actual physical abuse or violence will always be cause for termination.
7. HAs committed fraud concerning any federal housing program.
8. Does not sign and submit consent forms(and have all household members sign
and consent) as required by the administrative plan, Section 8 manual and HUD
regulations. -�-
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B. FAMILY OBLIGATIONS [24 CFR 982.551]
1. The family must supply any information that the HA or HUD determines is necessary in
the administration of the program, including submission of required evidence of
citizenship or eligible immigration status (as provided by 24 CFR part 812).
"Information"includes any requested certification, release or other documentation.
2. The family must supply any information requested by the HA 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 arid verify Social Security Numbers(as provided by 24 CFR
part 750) and must sign and submit consent forms for obtaining information in
accordance with 24 CFR part 760 and 24 CFR part 813.
4. All information supplied by the family must be true and complete.
5. The family is responsible for an HQS breach caused by the family as described in
982.404(b).
6. The family must allow the HA to inspect the unit at reasonable times and after reasonable
notice.
i
7. The family may not commit any serious or repeated violation of the lease.
8. The family must notify the owner and, at the same time, notify the HA before the family
moves out of the unit or terminates the lease on notice to the owner.
9. The family must promptly give the HA a copy of any owner eviction notice.
10. The.family must use the assisted unit for residence by the family. The unit must be the
family's only residence.
11. The composition of the assisted family residing in the unit must be approved by the HA.
The family must promptly inform the HA of the birth, adoption or court-awarded custody
of a child. The family must request HA approval to add any other family member as an
occupant of the unit.
12. The family must promptly notify the HA if any family member no longer resides in the
unit.
13. If the HA has given approval, a foster child or a live-in aide may reside in the unit. If the
family does not request approval or HA approval is denied,the family may not allow a
foster child or live-in aide to reside with the assisted family.
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14. Members of the household may engage in legal profit-making activities in the unit, but
only if such activities are incidental to primary use of the unit as a residence by members
of the family.
15. The family must not sublease or let the unit.
16. The family must not assign the lease or transfer the unit.
1.7. The family must supply any information or certification requested by the HA to verify
that the family is living in the unit, or relating to family absence from the unit, including
any HA-requested information or certification on the purposes of family absences. The
family must cooperate with the HA for this purpose. The family must promptly notify the
HA of absence from the unit.
18. The family must not own or have any interest in the unit.
19. The members of the family must not commit fraud,bribery or an_ y other corrupt or
criminal act in conneetion-With_the programs.
20. The members of the family may not engage in drug-related criminal activity or violent
criminal activity.
21. An assisted family, or members of the family, may not receive Section 8 tenant-based
assistance while receiving another housing subsidy, for the same unit or for a different
unit, under any duplicative (as determined by HUD or in accordance with HUD
requirements) federal, State or local housing assistance program.
Housing Authority Discretion
In deciding whether to deny or terminate assistance because of action or failure to act by
members of the family,the HA has discretion to consider all of the circumstances in each case,
including the seriousness of the case, the extent of participation or culpability of individual
family members,the length of time since the violation occurred and more recent record of
compliance, and the effects of denial or termination of assistance on other family members who
were not involved in the action or failure to act.
The HA may impose, as a condition of continued assistance for other family members, a
requirement that family members who participated in or were culpable for.the action or failure
will not reside in the unit. The HA may permit the other members of a family to continue in the
program.
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Enforcing Family Obligations
Explanations and Terms
The term "Promptly" when used with the Family Obligations generally means "within 10 days."
Denial or termination of assistance is always optional except where this Plan or the regulations
state otherwise.
HQS Breach: The inspector or housing manager will determine if an HQS breach as identified in
24 CFR 982.404 (b) is the responsibility of the family. Families may be given extensions to cure
HQS breaches by the Housing Manager.
Lease Violations: The following criteria will be used to decide if a serious or repeated violation
of the lease will cause a termination of assistance:
If the owner terminates tenancy through court action for serious or repeated violation of
the lease.
If the owner notifies the family of termination of assistance for serious or repeated lease
violations, and the family moves from the unit prior to the completion of court action, and
the HA determines that the cause is a serious or repeated violation of the lease based on
available evidence.
If the owner notifies the family of termination of assistance for serious or repeated lease
violations, and the family moves from the unit prior to the completion of court action, and
If there are police reports, neighborhood complaints or other third party information, and
the HA has verified the information.
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Notification of Eviction: If the family requests assistance to move and they did not notify
the HA of an eviction within 10 days of receiving the Notice of Lease Termination, the move
will be denied.
Proposed additions to the family will be denied to:
* Persons who have been evicted from public housing.
* Persons who have previously violated a family obligation listed in 24CFR 982.51 of
the HUD regulations.
* Persons who have been part of a family whose assistance has been terminated
under the Certificate or Voucher program. ;
* Persons who commit drug-related criminal activity or violent criminal activity.
* Persons who commit fraud, bribery or any other corrupt or criminal act in
connection with any federal housing program.
* Persons who currently owe rent or other amounts to the HA or to another HA in
connection with Section 8 or public housing assistance under the 1937 Act.
* Persons who have engaged in or threatened abusive or violent behavior toward
HA personnel.
Family Member moves out: Families are required to notify the HA if any family member leaves
the assisted household. When the family notifies the HA,they must furnish the following
information:
The date the family member moved out.
The new address, if known, of the family member.
A statement as to whether the family member is temporarily or permanently absent.
Limitation on Profit-making Activity in Unit:
If the business activity area results in the inability of the family to use any of the critical living
areas, such as a bedroom utilized for a business which is not available for sleeping, it will be
considered a violation.
If the HA determines that the use of the unit as a business is not incidental to its use as a dwelling
unit.
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Interest in Unit: The owner may not reside in the assisted unit regardless of whether(s)he is a
member of the assisted family,unless the family owns the mobile home and rents the pad under
the Certificate Program.
Fraud: In each case, the HA will consider which family members were involved, the
circumstances,and any hardship that might be caused to innocent members.
Drug-related or Violent Criminal Activity: Drug-related criminal activity means:
The manufacture, sale or distribution, or the possession with intent to manufacture, sell or
distribute, of a controlled substance (as defined in the Controlled Substance Act);
The use or possession(other than with intent to manufacture, sell, or distribute) of a
controlled substance.
Drug related criminal activity means on or off the premises,not just on or near the
premises.
Drug-related criminal activity does not include the prior use or possession of a controlled
substance if the family member had an addiction to the substance and has recovered or is
recovering from the addiction and does not currently use or possess the substance.
Violent criminal activity includes:
Any criminal activity that has as one of its elements the use, attempted use, or
threatened use of physical force against a person or property, and
The activity is being engaged in by any Family member.
Applicants will be denied assistance if they have been:
Arrested/convicted/evicted from a unit due to drug-related criminal activity within
the last year prior to the date of the certification/recertification interview or
violent criminal activity whose activities have created a disturbance in the
building or neighborhood.
Participants may be terminated who have been:
Arrested/convicted/evicted from a unit due to drug-related criminal activity within
the last year prior to the date of the notice to terminate assistance, or violent
criminal activity whose activities have created a disturbance in the building or
neighborhood.
The Housing Authority will consider all of the circumstances in each case including the
seriousness of the offense and the effects that the denial or termination would have on family
1196 AdminPtan
15-8
members not involved in the activity. In appropriate cases, the Housing Authority may permit
remaining members of the family to continue receiving assistance and may impose a condition
that family members engaged in the proscribed activities will not reside in the unit and/or require
a family member who has engaged in the illegal use of drugs to submit evidence of successful
completion of a treatment program as a condition of being allowed to reside in the assisted unit.
The Housing Authority will employ the considerations described in this section as warranted by
the factual situation.
Required Evidence
Preponderance of 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. The intent is not to prove criminal liability, but to establish that
the act(s) occurred.
Preponderance of evidence may not be determined by the number of witnesses,
but by the greaterweight of all evidence.
Credible evidence may be obtained from police and/or court records. Testimony
from neighbors,when combined with other factual evidence, can be considered
credible evidence. Other credible evidence includes documentation of drug raids
or arrest warrants.
The HA may will pursue fact-finding efforts as needed to obtain credible
evidence.
Notice of Termination of Assistance
In any case where the HA decides to terminate assistance to the family,the HA must give the
family written notice which states:
The reason(s) for the proposed termination,
The effective date of the proposed termination,
The family's right, if they disagree, to request an Informal Hearing to be held before
termination of assistance.
The date by which a request for an informal hearing must be received by the HA.
The HA will simultaneously provide written notice of the contract termination to the owner so
that it will coincide with the Termination of Assistance. The Notice to the owner will not include
any details regarding the reason for termination of assistance.
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15-9
C. PROCEDURES FOR NON-CITIZENS [24 CFR 812.9 (c)(d), 912.10 (d)]
Termination due to Ineligible Immigrant Status
Assistance may not be terminated while verification of the participant family's eligible
immigration status is pending.
Participant families in which all members are neither U.S. citizens nor eligible immigrants must
have their assistance terminated. They must be given an opportunity for a hearing.
Temporary Deferral of Termination of Assistance
Ineligible families who were participants as of June 19, 1995,may request a temporary deferral
of termination of assistance in order to allow time to locate affordable housing and thereby
preserve the family.
Temporary deferral of termination of assistance is also available to mixed families who were
participants on June 19, 1995-, who elect not to accept prorated assistance, and are not eligible for
Continued Assistance. (See Chapter 14, "Contract Terminations.")The HA must allow the mixed
family time to find housing for ineligible members or for the entire family by deferring the
termination.
Mixed families who choose temporary deferral of termination of assistance may change to
prorated assistance at the end of any deferral period, if they have made a good-faith effort to
locate housing.
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Criteria for Approving Temporary Deferral of Termination of Assistance (Due to Ineligible
Immigrant Status)
The HA will grant temporary deferral so long as the family makes reasonable efforts to find
affordable housing and the Consolidated Plan indicates that the market lacks sufficient affordable
housing.
Affordable housing is defined as housing that is standard based on HQS, of appropriate size
based on HQS, and for which the rent plus utilities is no more than 25% greater than the HA
calculated Total Tenant Payment.
To determine whether a family is eligible for temporary deferral of termination of assistance, or
for a renewal of temporary deferral of termination of assistance, the HA will:
* Calculate Total Tenant Payment plus 25%for the family, and compare this amount to
the data in its rent reasonableness survey for the unit size. If the HA's data indicates that
units are not available at the affordable rent,the deferral will be renewed.
* If the HA determines that the vacancy rate for affordable housing is less that 5% in its
jurisdiction, it will accept a written statement from the family that they have been unable
to find affordable housing.
* Require a search record to document the family's efforts to locate housing before
granting or extending temporary deferral of termination of assistance.
* Conduct market studies to determine the availability of affordable housing and, if the
vacancy rate in affordable housing is less than 5%, the HA may_continue temporary
deferral of termination of assistance.
* Automatically grant and extend temporary deferral of termination of assistance so long
as the market for affordable housing is limited in the jurisdiction.
* The initial deferral interval shall be granted on the family's request. Subsequent requests for
deferral shall be granted on the basis of the family's statement that they are making efforts to
find affordable housing, so long as the supply of affordable housing in the area remains low as
_determined by comparing 125%of Total Tenant Payment to the data in the HA's Rent
Reasonableness System.
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Length of Deferral
The initial temporary deferral is granted for an interval not to exceed six months. Additional
deferrals can be made up to a maximum of three years. A notice is sent to the family at the
beginning of each deferral period reminding them of their ineligibility for full assistance and
their responsibility to seek other housing.
The family will be notified in writing sixty days before the end of the three year maximum
deferral period that that there cannot be another deferral, and will be offered the option of
prorated assistance if they are a mixed family and have made a good-faith effort to locate
affordable housing.
False or Incomplete Information
When the HA has clear, concrete, or substantial documentation(such as a permanent resident
card or information from another agency) that contradicts the declaration.of citizenship made by
an applicant or participant, an investigation will be conducted and the individual given an
opportunity to present relevant information.
If the individual is unable to verify their citizenship,the HA may give him/her an opportunity to
provide a new declaration as an eligible immigrant or to elect not to contend their status. The HA
will then verify eligible status, deny, terminate, or prorate as applicable.
The HA will deny or terminate assistance based on the submission of false information or
misrepresentations.
Procedure for Denial or Termination
If the family (or any member) claimed eligible immigrant status and the INS primary and
secondary verifications failed to document the status, the family may make an appeal to the INS
and request a.hearing with the HA either after the INS appeal or in lieu of the INS appeal.
After the HA has made a determination of ineligibility,the family will be notified of the
determination and the reasons and informed of the option for prorated assistance (if applicable)
or, for participants who qualify, for Temporary Deferral of Termination of Assistance.
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J
D. $0 HAP ASSISTANCE TENANTS [24 CFR 982.455 (a)]
Old Contracts
For contracts which were effective prior to 1/96, the HA is liable for unpaid rent and damages if
the family vacates during the allowable 12 months after the last HAP payment. The HA must
perform all of the functions normally required, such as reexaminations and inspections. The
participant will be notified of the right to remain on the program at$0 assistance for 12 months.
If the family is still in the unit after 12 months,the assistance will be terminated.
New Contracts
For contracts effective after 1/96,the HA has no liability for unpaid rent or damages, and the
family may remain in the unit at$0 assistance for up to 180 days after the last HAP payment. If
the family is still in the unit after 180 days,the assistance will be terminated. If within the 180
day timeframe an owner rent increase or a decrease in the Total Tenant Payment causes the
family to be eligible for a housing assistance payment,the HA will resume assistance payments
for the family.
In order for a family to move to another unit during the 180 days,the rent for the new unit would
have to be high enough to necessitate a housing assistance payment.
E. OPTION NOT TO TERMINATE FOR MISREPRESENTATION
[24 CFR 982.551, 982.552 (c)]
If the family has misrepresented any facts that caused the HA to overpay assistance, the HA may
choose not to terminate and may offer to continue assistance provided that the family executes a
Repayment Agreement and makes payments in accordance with the agreement. or reimburses the
HA in full.
F MISREPRESENTATION IN COLLUSION WITH OWNER
[24 CFR 982.551, 982.552 (c)]
If the family is willingly and knowingly commits fraud or is involved in any other illegal scheme
with the owner,the HA may deny or terminate assistance.
In making this determination,the HA will carefully consider the possibility of overt or
implied intimidation of the family by the owner and the family's understanding of the
events.
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G. MISSED APPOINTMENTS AND DEADLINES [24 CFR 982.551, 982.552 (c)]
It is a Family Obligation to supply information, documentation, and certification as needed for
the HA to fulfill its responsibilities. The HA schedules appointments and sets deadlines in order
to obtain the required information. The Obligations also require that the family allow the HA to
inspect the unit and appointments are made for this purpose.
An applicant or participant who fails to keep an appointment, or to supply information required
by a deadline without notifying the HA may be sent a Notice of Denial or Termination of
Assistance for failure to provide required information, or for failure to allow the HA to inspect
the unit.
The family will be given information about the requirement to keep appointments, and the
number of times appointments will be rescheduled as specified in this Plan.
Appointments will be scheduled and time requirements will be imposed for the following events
and circumstances:
1. Eligibility for Admissions
2. . Verification Procedures
3. Certificate/Voucher Issuance and Briefings
4. Housing Quality Standards and Inspections
5. Recertifications
6. Appeals
Acceptable reasons for missing appointments or failing to provide information by deadlines are:
* Medical emergency
* Incarceration
* Family emergency
Procedure when Appointments are Missed or Information not Provided
For most purposes in this Plan,the family will be given several opportunities before being issued
a notice of termination or denial for breach of a family obligation.
After issuance of the termination notice, if the family offers to correct the breach within the time
allowed to request a hearing:
The notice will be rescinded if the family offers to cure and the family does not have
a history of non-compliance.
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Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
INTRODUCTION
It is the policy of the HA to and recruit owners to participate in the program, and to provide
owners with prompt and professional service in order to maintain an adequate supply of available
housing throughout the jurisdiction of the HA. The regulations define when the HA must
disallow an owner participation in the program, and they provide the HA discretion to disapprove
or otherwise restrict the participation of owners in certain categories. This Chapter describes the
criteria for owner disapproval, andthe various penalties for owner violations. The Housing
Authority will not enter into HAP contracts with Owners with a history of serious or repeated
violations under the Section 8 program rules, or HACCC policy and procedures.
All owner disqualifications under t us policy must be submitted to the Director of Housing
.Operations for approval. Decisions to disqualify will be considered on a case-by-case basis; an
owner recommended for disqualification by a Housing Manager may present facts he or she
believes counsels against disqualification to the Director of Housing Operations in writing.
Owners disqualified from participation from the program may request to be reconsidered after a
year has passed from the date of disqualification. The Director of Housing Operations will
consider such requests according to the considerations discussed below and any curative actions
taken by the owner since the disqualification.
A. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54 (d)(8)]
The owner does not have a right to participate in the program. For purposes of this section,
"owner" includes a principal or other interested party.
The HA will disapprove the owner for the following reasons:
History.of serious and repeated violations under the Section 9 program, rules, or HACCC
policy and procedures.
HUD or other agency directly related has informed the HA that the owner has been
disbarred, suspended,or subject to a limited denial of participation under 24 CFR part 24.-
HUD
4:HUD has informed the HA that the federal government has instituted an administrative or
judicial action against the owner for violation of the Fair Housing Act or other federal
equal opportunity requirements and such action is pending.
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HUD has informed the HA that a court or administrative agency has determined that the has
owner violated the Fair Housing Act or other federal equal opportunity requirements.
* The owner has violated obligations under a housing assistance payments contract
under Section 8 of the 1937 Act(42 U.S.C. 1437f).
* The owner has committed fraud, bribery or any other corrupt act in connection
with any federal housing program.
* The owner has engaged iddrug trafficking.
* 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 renting units that fail to meet State or local
housing codes.
* The owner has not paid State or local real estate taxes, fines or assessments.
B. OWNER RESTRICTIONS AND PENALTIES [24 CFR 982.302 (a)(8), 982.453]
If an owner commits fraud or abuse or is guilty of frequent or serious contract violations, the HA
will restrict the owner from future participation in the program for a period of time
commensurate with the seriousness of the offense. The HA may also terminate some or all
contracts with the owner.
Before imposing any penalty against an owner the HA will review all relevant factors pertaining
to the case, and will consider such factors as the owner's record of compliance and the number of
violations.
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The HA guidelines for restrictions are contained in the table below:
DISAPPROVAL OF OWNERS/PARTICIPATION RESTRICTIONS
BREACH Penalty
HUD notification of owner debarment/suspension Termination
HUD notification of violation of fair housing/federal equal opportunity Termination
Violation of contract obligations W/A/R/T
Owner fraud, bribery or other corrupt act in federal housing program W/A/R/T
Owner engaged in drug trafficking Termination
History of noncompliance with HQS W/A/R/T
History of renting units below code Termination
State/local real estate taxes, fines or assessments W/A/R/T
[W-warning, A-Abatement, R=reduction, T-Termination]
Factors to consider in determining owner disqualification under this policy include:
* The harm that would result to the family if the Housing Authority does not approve the
contract;
* The harm caused by the owner's violation of the program;
* Any actions taken by the owner to cure program violations; and
* The cost involved in the program violation, including money and agency time.
C. OTHER REMEDIES FOR OWNER VIOLATIONS
Overpayments
If the landlord has been overpaid as a result of fraud,misrepresentation or violation of the
.Contract,the HA may terminate the Contract and arrange for restitution to the HA and/or family
as appropriate.
The HA will make every,effort to recover any overpayments made as a result of landlord fraud or
abuse. Payments otherwise due to the owner may be debited in order to repay the HA or the
tenant; as applicable.
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Chapter 17
CLAIMS,MOVE-OUT AND CLOSE-OUT INSPECTIONS
(For Contracts Effective Before January 1, 1996)
INTRODUCTION
This Chapter describes the HA's policies,procedures and standards for servicing Contracts
which were effective before January 1, 1996. Certificate and Voucher contracts in this category
have provisions for the HA's liability to owners when families move out. Vouchers and
Certificates have a provision for damages, and Certificates, in addition,have a provision for
vacancy loss.
A. OWNER CLAIMS
Under HAP Contracts effective prior to January 1, 1996, owners may make"special claims" for
damages, unpaid rent, and vacancy loss (vacancy loss cannot be claimed in the Voucher
Program) after the tenant has vacated the unit.
Owner claims for payment for unpaid rent, damages, or vacancy loss will be reviewed for
accuracy and completeness and compared with records in the file. The HA establishes standards
by which to evaluate claims, but the burden of proof rests with the owner.
If vacancy loss is claimed, the HA will ascertain whether or not the family gave proper notice of
its intent to move. The file will also be reviewed to verify owner compliance at the time the
contract was terminated.
The HA will pay properly filed claims to the owner as a function of the contract, but the tenant is
ultimately responsible to reimburse the HA for claims paid to the owner.
B. UNPAID RENT [24 CFR 887.215, 882.112 (d)]
Unpaid rent only applies to the tenant's portion of rent while the tenant is in residence under the
assisted lease.It does not include the tenant's obligation for rent beyond the termination date of
the HAP Contract.
Separate agreements..are not considered.a tenant obligation.under the lease.and the HA will not
reimburse the owner for any claims under these agreements.
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C VACANCY LOSS IN THE CERTIFICATE PROGRAM [24 CFR 887.105]
Vacancy Loss is applicable to the Certificate Program only. Vacancy loss is paid if the move was
in violation of the notice requirements in the lease, or the result of an eviction.
In order to claim vacancy loss,the unit must be available for lease and the landlord must:
1. Notify the HA upon learning of the vacancy, or prospective vacancy, and
2. Pursue all possible activities to fill the vacancy, including, but not limited to:
a. Contacting applicants on the owner's waiting list, if any;
b. Seeking eligible applicants by listing the unit with the HA,
C. Advertising the availability of the unit, and
d. Not rejecting-potentially eligible applicants except for good cause.
* In the event that a unit becomes vacant because of death, the HA will permit the owner to keep
the HAP for the month in which the tenant died.
* If the tenant moves after the date given on their notice of intent to vacate, the landlord may
claim vacancy loss by providing acceptable documentation that there was a bona fide prospective
_ tenant to whom the unit could have been rented.
* The HA will not assess the family for any monies paid to the owner for vacancy loss if the HA
was responsible for the late move-out.
* To ensure valid claim processing, the HA will conduct a thorough move-in inspection noting
"conditions" as well as HQS deficiencies, take pictures of questionaSfe items, and send a report
of all items to the owner and tenant.
* The owner must be present during the move-out inspection and only damages claimed by the
owner are reimbursable.
* All claims for damages must be supported by the actual bills for materials and labor and a copy
of the canceled checks or other receipts documenting payment. Estimates are not acceptable.
* Bills from individuals providing labor must include their name, Social Security Number,
address and phone number.The landlord may not bill himself/herself for labor since that is not
considered by the HA to be an"actual cost."However,the actual cost of the owner's employees'
labor,such as the resident manager,to make repairs may be included.
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* Persons making repairs or replacements must be licensed to do business in the HA's
jurisdiction.
* Reasonableness of costs will be based upon HA rates. Reimbursement for replacement of items
such as carpets, drapes, or appliances, are based on depreciation schedules in general use by this
HA.
* The HA may require verification of purchase date, quality, and price of replaced items in order
to calculate depreciation.
* Damages which were caused during tenancy,were repaired and billed,but remain unpaid at
move-out, can be considered"other-items due under the lease" and included in the claim.
* Eligible items to be included on the damage claim must have been a tenant responsibility under
the lease or State law.
Claims for unpaid utility bills cannot be approved as part of a claim.
Claims for normal wear and tear,previously existing conditions,routine turnover preparation, are
not paid.
The HA has the right to inspect the unit to verify that repairs were made.
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D. MOVE-OUT AND CLOSE-OUT INSPECTIONS
There will be no move-out inspections of units with contracts effective on or after January 1,
1996.
Move-out inspections are performed after the tenant has vacated the unit. These inspections are
performed to assess the condition of the unit, not to evaluate the HQS. Vacate inspections will be
conducted by HA unit inspectors.
The HA's initial inspection of the unit will include a"conditions"report which will be compared
to the conditions found during the move-out inspection.
The owner must notify the HA of the move-out and request an inspection 48-hours of learning of
the move-out in order to submit a claim for damages.
The HA will also conduct a move-out inspection upon the tenant's request.
The owner and tenant will be notified of the date and time of the inspection.
A damage claim will not be approved unless the move-out inspection is requested and completed
prior to any work being done. Since no work can begin on a unit until a move-out inspection is
done,unit inspectors will make every effort to conduct these inspections as soon as possible.
If the contract was terminated due to owner breach, or the owner was in violation of the contract
at the time that it was terminated,there will be no entitlement to claims and therefore no
inspection.
F. PROCESSING CLAIMS
Any amount owed by the tenant to the owner for unpaid rent or damages will first be deducted
from the maximum security deposit which the owner could have collected under the program
rules. If the maximum allowable security.deposit is insufficient to reimburse the owner for the
unpaid tenant rent or other amounts which the family owes under the lease,the owner may
request reimbursement from the HA up to the limits for each program.
If the owner claims vacancy loss,the security deposit that s/he collected or could have collected
will be deducted from the vacancy loss claim.
The RA reviews claims.for unpaid rent,damages,or vacancy loss and makes a preliminary
determination of amount payable.The family is informed that a claim is pending(notice
sent to last known address).The notification will state the preliminarily determined
amount,the type of claim,and describe the procedure for contesting the claim.
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1. The HA will offer the family 14 days to contest the claim. If the family disputes
the claim, the HA will schedule an informal meeting with the owner and tenant in
order to resolve the differences.
If the owner fails to attend the meeting,the HA will consider this prima facie
evidence of validity of the tenant's position. If the tenant fails to attend the
meeting, the HA will proceed with its original determination. Meetings will not
be rescheduled unless there are extenuating circumstances.
At the Claim meeting,the amount and type of claim will be discussed. If the
family agrees with the amount and type of claim,the family will be offered a
Repayment Agreement. If the family does not agree to sign a Payment
Agreement,the HA will process the account for collection.
If the family demonstrates that the claim, or parts of it, is invalid, the HA will
adjust the amount. The HA may offer the tenant an opportunity for an Informal
Hearing regarding the claim if disputes cannot be resolved.
After a determination has been made,the HA will notify the family in writing of the decision. If
it has been determined that the family owes money, the HA will pursue collection to repay either
in a lump sum or through a payment agreement. The notice will warn the family that their
assistance may be terminated and they may be denied future participation in the program if they
do not reimburse the HA as required.
Other Requirements for Claims Processing
Costs of filing eviction to remove the tenant or any other legal fees, may not be reimbursed.
No claims will be paid for a unit which is vacant.as the result of the landlord voluntarily moving
a family to another unit owned by the same landlord.
All unpaid rent, damage, and vacancy loss claim forms must be fully complete when they are
submitted, and they must be submitted within 30 days of the date the owner learned of the move-
out. Contact the housing manager to request an extension in extenuating circumstances.
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Chapter 18
OWNER OR FAMILY DEBTS TO THE HA
INTRODUCTION
This Chapter describes the HA's policies for the recovery of monies which have been overpaid
for families, and to owners. It describes the methods that will be utilized foz collection of monies
and the guidelines for different types of debts.It is the HA's policy to meet the informational
needs of owners and families, and to communicate the program rules in order to avoid owner and
family debts. Before a debt is assessed against a family or owner,the file must contain
documentation to support the HA's claim that the debt is owed. The file must further contain
written documentation of the method of calculation, in a clear format for review by the owner,
the family or other interested parties.
When families or owners owe-money to the HA,the HA will make every effort to collect it. The
HA will use a variety of collection tools to recover debts including, but not limited to:
Repayment agreements
Requests for lump sum payments
Abatements
Reductions
Collection agencies
Civil suits
Credit bureaus
Income tax set-off programs
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A. REPAYMENT AGREEMENT FOR FAMILIE
[24 CFR 792.103, 982.552 (b)(6-8)]
The maximum length of time the HA will enter into a repayment agreement with a family
is 18 months.
The minimum monthly amount of monthly payment for any repayment agreement is.30%
of the initial amount owed,with the balance paid in equal monthly installments thereafter.
Late Payments
A repayment will be considered to be in arrears if:
The payment has not been received within 30 days of the day on which the payment
was due. If the due date..is on a weekend or holiday, the due date will be at the close
of the next business day.
If the family's repayment agreement is in arrears,the HA will call the family in and, based on the
circumstances:
* Require the family to pay the balance in full
* Pursue civil collection of the balance due
* Terminate the housing assistance
* Grant an extension
If the family requests a move to another unit and has a repayment agreement in place for the
payment of an owner claim, and the repayment agreement is not in arrears:
* The family will be permitted to move.
If the family requests a move to another unit and is in arrears on a repayment agreement for the
payment of an owner claim:
* The family will be required to pay the balance in full prior to being issued a
transfer.
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Repayment Schedule for Monies Owed to the HA
Initial Payment Due
(% of Total Amount) Amount Owed Maximum Term
30% 0 _ $500 3 - 6 months
30% $501 - $1,000 6 - 12 months
30% $1,001 - $2,500 12 - 18 months
There are some circumstances in which the HA will not enter into a repayment agreement such
as if the HA determines that the family committed program fraud.
Guidelines for Repayment Agreements
Repayment Agreements Aill`be executed between the HA and the head of household.
Monthly payments may be decreased in cases of hardship with the prior notice of the family,
verification of the hardship, and the approval of the Housing Manager.
No move will be approved until the debt is paid in full unless the move is the result of the
following causes, and the Repayment Agreement is current:
Family size exceeds the HQS maximum occupancy standards;
The HAP contract is terminated due to owner non-compliance or opt-out;
A natural disaster.
Additional Monies Owed: If the family has a Repayment Agreement in place and incurs an
additional debt to the HA:
The HA may enter into more than one Repayment Agreement at a time with the
same family or, depending upon the amount involved and whether or not the
repayment agreement is current, additional amounts owed by the family may be
added to the existing repayment agreement.
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B. DEBTS OWED FOR CLAIMS [24 CFR 792.103, 982.552 (b)(6-8)]
If a family owes money to the HA for claims paid to an owner:
The HA may require the family to repay the amount in full or the HA may enter into a
Repayment Agreement.
C. DEBTS DUE TO FRAUD/NON-REPORTING OF INFORMATION
[24 CFR 982.163]
HUD's definition of program fraud and abuse is a single act or pattern of actions that:
Constitutes false statement, omission, or concealment of a substantive fact, made with
intent to deceive or mislead, and that results in payment of Section 8 program funds in
violation of Section 8--program requirements.
Family Error/Late Reporting
Families who owe money to the HA due to the family's failure to report increases in income due
to family error, will be required to repay in accordance with the guidelines in the Repayment
Section of this Chapter.
Program Fraud
Families who owe money to the HA due to program fraud may be terminated. Depending upon
the circumstances, they may be required to pay the amount owed in full rather than enter a
repayment agreement.
If a family owes an amount which equals or exceeds $5,000 as a result of program fraud,the case
will be referred to HUD Inspector General. Where appropriate,the HA will refer the case for
criminal prosecution.
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D. OWNER DEBTS TO THE HA
If the HA determines that the owner has retained Housing Assistance or Claim Payments the
owner is not entitled to,the HA may reclaim the amounts from future Housing Assistance or
Claim Payments owed the owner for any units under contract.
If future Housing Assistance or Claim Payments are insufficient to reclaim the amounts owed,
the HA will:
* Require the owner to pay the amount in full within 30 days
* Enter into an agreement to abate and.collect partial payments for the amount
owed
* Enter into an agreement with the owner for the full amount owed
* Pursue collections through the local court system
* Restrict the owner from future participation
E. WRITING OFF DEBTS
Debts will be written off if-
* The debtor's whereabouts are unknown and the debt is more than 5 years old.
* A determination is made that the debtor is judgment proof.
* The debtor is deceased.
* The debtor is confined to an institution indefinitely.
* The amount is less than$100 and the debtor cannot be located.
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Chapter 19
COMPLAINTS AND APPEALS.
INTRODUCTION
The informal hearing requirements defined in HUD regulation are applicable to participating
families who disagree with an action,,decision, or inaction of the HA:This Chapter describes the
policies,procedures and standards to be used when families disagree with an HA decision. The
procedures and requirements are explained for preference denial meetings, informal reviews and
hearings. It is the policy of the HA to ensure that all families have the benefit of all protections
due to them under the law.
It should be noted that participants have more extensive hearing rights than do applicants.
"Participant"is defined by the regulations to mean: "A family that has been admitted to the HA
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 HA for the family (first day of initial
lease term)." Whereas an applicant need only be given an informal review, a participant is
entitled to a hearing upon termination of assistance. The regulations governing a participant's
hearing rights are set forth in 24 CFR 982.555.
A. COMPLAINTS TO THE HA
The HA will respond promptly to complaints from families, owners, employees, and members of
the public. All complaints will be reviewed and responded to in a timely fashion. Generally,
most complaints are handled at the one of several housing offices. If the complaint cannot be
resolved there, it should be forwarded to the Central Office in Martinez for investigation,
depending on the nature of the complaint, follow up will be conducted by the Development
Department, Fiscal Department or Housing Operations Department.
Categories of Complaints
1. Complaints from families: If a family disagrees with an action or inaction of the HA or
owner.
* Complaints from families will be referred.torthe'Housing Manager for each area
site. _
2. Complaints from Owners: If an owner disagrees with an action or inaction of the HA or a
family.
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* Complaints from families will be referred to the Housing Manager for each area
site.
3. Complaints from staff: If a staff person reports an owner or family either violating or not
complying with program rules.
* Complaints from families will be referred to the Housing Manager for each area
office.
4. Complaints from the general public: Complaints or referrals from persons in the
community in regard to the HA, a family or an owner.
* Complaints from families will be referred to the Housing Manager for each area
site.
B. GROUNDS FOR DENIAL
Preference Denials
When the HA denies a preference to an applicant, the family will be notified in writing of the
specific reason for the denial and offered the opportunity for a meeting with HA staff to discuss
the reasons for the denial and to dispute the HA's decision.
The person who conducts the meeting must be: any officer or employee.of the HA including the
person who made the decision. (see Federal Register Vol. 60,No. 127, 7/3/96 p. 34690).
Grounds for Denial of Assistance
The grounds for denial of assistance are set forth at 24 CFR 982.552 (b). Denial for drug-related
or violent criminal activity" and"violent criminal activity" are further described at 24 CFR
982.553. In addition,the Housing Opportunity Program Extension Act of 1996: Drug or
Alcohol Abuse has amended the U.S. Code to require Housing Authorities to establish standards
for occupancy in public housing dwelling units and assistance under Section 8 that require the
denial of assistance to persons who are illegally using controlled substances or whose illegal use
of a controlled substance or whose abuse of alcohol is determined by the housing authority to
interfere with the health, safety or right to peaceful enjoyment of the premises by othef residents.
Housing Authorities are permitted to take rehabilitation efforts into consideration in determining
whether to deny or terminate assistance on this ground. A copy of the relevant portions of the
Extension Act is attached.
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C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS
[24 CFR 982.54 (d) (12),982.554]
Reviews are provided for applicants who are denied assistance before the effective date of the
HAP Contract. The exception is that when an applicant is denied assistance for citizen or
eligible immigrant status, the applicant is entitled to an informal hearing.
When the HA determines that an applicant is ineligible for the program,the family must be
notified of their ineligibility in writing.The notice must contain:
The reason(s)they are ineligible,
The procedure for requesting a review if the applicant does not agree with the decision
and .
The time limit for requesting a review.
The HA must provide applicants with the opportunity for an Informal Review of the following
decisions(24 CFR 982.552(a)(2):
Denying listing on the HA's waiting list
Denying or withdrawing a certificate or voucher
Refusing to.enter into a HAP contract or approve a lease
Refusing to process or provide assistance under portability procedures.
Informal Reviews are not required for established policies and procedures and HA
determinations such as:
1. Discretionary administrative determinations by the HA
2. General policy issues or class grievances
3. A determination of the family unit size under the HA subsidy standards
4.` Refusal to extend of suspend a'Certifcate or Voucher
5. Disapproval of Tease
6. Determination that unit is not in compliance with HQS
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7. Determination that unit is not in accordance with HQS due to family size or
composition.
Procedure for Review
A request for an Informal Review must be received by the Central Waiting List Office in writing
by the close of the business day, no later than 10 days from the date of the HA's notification of
denial of assistance. This does not preclude any efforts to resolve issues --such as correction of
staff error--thus eliminating the need for the informal review. The request for informal review
will then be forwarded to the Department of Housing Operations for scheduling::.Upon receipt,
the Department of Housing Operations will make every effort to schedule the review within 10
working days. Failure to do so shall not affect the applicant's rights or the Housing Authority's
rights.
Conduct of Informal Review .
The informal review may be conducted by any person or persons designated by the Housing
Authority, other than the person who made or approved of the decision under review or a
subordinate of that person. The review may be conducted by a knowledgeable party from
outside of the agency. The person conducting the review is called the"Review Convenor."
The informal review must conform to the following due process requirements:
• The applicant may be represented by an attorney or other representative.
• The Housing Authority staff responsible for the decision must be present to provide facts to
support the decision and to answer questions during the review.
• If the decision challenged is based on information supplied by a third party, the Housing
Authority will attempt to have the third party.present.
• The applicant (or his/her representative)will have the opportunity to present written or oral
objections to the Housing Authority decision, as well as to present testimony/evidence in
his/her favor.
• The Review Convenor may limit the number of witnesses used by either party.
• Evidence may be considered without regard to admissibility under rules of evidence
applicable to a judicial setting.
• . The applicant has the right to examine at least 24 hours prior to the informal review any
Housing Authority documents that are directly relevant to the review. The family must
be allowed to copy any such document at the family's expense. If the Housing Authority
does not make the documents available for examination upon request,the Housing
Authority may not rely upon the document at the hearing. With proper written release,the
applicant's legal representative may also inspect the applicant's file.
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• The Housing Authority has the right to examine at least 24 hours prior to the informal
review, any documents that are directly relevant to the review. The Housing Authority must be
allowed to copy any such document at the Housing Authority's expense. If the family does not
make the documents available for examination upon request, the family may not rely upon the
document at the hearing.
• The final decision must be based solely on information provided during the informal review.
Rescheduling Informal Reviews. Reviews will be rescheduled only in cases of extreme
hardship. Rescheduling requests must be directed to Housing Operations in Martinez.
Consequence of Failure to Appear for a Scheduled Review. If the participant,fails to appear
as scheduled, the Review Convenor may elect to conduct the review and render a final decision
based on the evidence presented by the Housing Authority Waiting List staff and witnesses, if
any. Notice to participants establishing the date of time of the requested review must clearly
state the process for rescheduling reviews and the effect of failure to appear.
Notification of Informal Review-Decision. The Housing Authority will promptly notify the
applicant in writing of the final decision. The decision notice, at a minimum, should include
findings of fact, recital of the issue to be decided, statement of the applicable rule or regulation,
the decision and a brief statement of the reasons for it.
Recordkeeping. The Department of Housing Operations keeps a log of all informal reviews.
The log reflects each request, the date of the request, the date of hearing, the subject matter, the
informal review determination, and the name of the Review Convenor.
The Informal Review may not be conducted by the person who made or approved the decision
under review, nor a subordinate of such person.
The Review may be conducted by:
A staff person who is at the level of the Central Waiting List Supervisor or above
An individual from outside the HA
All requests for a review, supporting documentation, and a copy of the final decision will be
retained in the family's file.If the family requests copies of documents relevant to the hearing,
the HA will make the copies for the family and assess a charge of 10 cents.per copy. In no case
will the family be allowed to remove the file from the HA's office.
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D. INFORMAL HEARING PROCEDURES (24 CFR 982.555 (a-f), 982.54(d)(13)]
The HA will provide a copy of the hearing procedures in the family briefing packet.
When the HA makes a decision regarding the eligibility and/or the amount of assistance,
participants must be notified in writing. The HA will give the family prompt notice of such
determinations which will include:
The proposed action or decision of the HA;
The date the proposed action or decision will take place;
An explanation of the factual basis for the HA's decision.
The procedures for requesting`a hearing if the family disputes the action or decision;
The time limit for requesting the hearing;
The person to whom the hearing request should be addressed as well as to whom
questions about the proposed action may be addressed.
The HA must provide participants:with the opportunity for an Informal Hearing for the following
HA decisions:
1. Determination of the family's annual or adjusted income and the computation of
the housing assistance payment:
2. Determination.of the appropriate utility allowance schedule.
3. Determination of family unit size under the HA subsidy standards.
4. A determination that Certificate program family is underoccupied in their current
unit and/or a request for exception is denied.
5. A determination to terminate assistance because of the°family's actions or failure
to act.
6. A determination to terminate assistance because the participant has been absent
from the assisted unit for longer than the maximum period permitted under
Housing_Authority policy and HUD rules.
7. A determination to pay an owner claim for damages,unpaid rent or vacancy loss.
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An informal hearing is not required if the Housing Authority action falls within the list of items
set forth at 24 CFR 982.555(c) which include:
1. Discretionary administrative determinations by the HA.
2. General policy issues or class grievances.
3. Establishment of the HA schedule of utility allowances for families in the
program.
4. An HA determination not to approve an extension or suspension of a certificate or
voucher term.
5. An HA determination not to approve a unit or lease.
6. An HA determination that an assisted unit is not in compliance with HQS (HA
must provide hearing,for family breach of HQS because that is a family obligation
determination).
7. An HA determination that the unit is not in accordance with HQS because of the
family size.
8. An HA determination to exercise or not exercise any right or remedy against the
owner under a HAP contract.
Termination of Assistance Defined.
Termination of assistance for a participant may include any or all of the following (24 CFR
982.552 (a) (3):
a. Refusing to enter into a HAP contract or approve a lease.
b. Terminating housing assistance payments under an outstanding HAP contract.
c. Refusing to process or provide assistance under portability procedures.
The HA must always provide the opportunity for an informal hearing before termination
of assistance:
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Grounds for Termination of Assistance
The general grounds for termination of assistance are set forth in the federal regulations at 24
CFR 982.552(b) and 982.553. Additional grounds for termination for drug related or violent
criminal activity are set forth at 24 CFR 982.553. In addition,the Housing Opportunity Program
Extension Act of 1996(Public Law 104-120, March 28, 1996) amended the U.S. Code to require
Housing Authorities to establish standards for occupancy in public housing dwelling units and
assistance under Section 8 to require the denial of assistance to persons who are illegally using
controlled substances or whose illegal use of a controlled substance or whose abuse of alcohol is
determined by the housing authority to interfere with the health, safety or right to peaceful
enjoyment of the premises by other,residents. Housing Authorities are permitted to take
rehabilitation efforts into consideration in determining whether to deny or terminate assistance on
this ground. A copy of the relevant portions of the Extension Act is attached.
Exercise of Discretion Not to Terminate Assistance
Even if termination of assistance would be justified under the regulations,the Housing Authority
has the discretion under 24 CFR 982.552(c)91)to determine in a unique and particular case that
assistance should not be terminated.
Notification of Hearing
It is the HA's objective to resolve disputes at the lowest level possible, and to make every effort
to avoid the most severe remedies. However, if this is not possible,the HA will ensure that
applicants and participants will receive all of the protections and rights afforded by the law and
the regulations.
Upon receipt of a request for informal hearing by the Director of Housing Operations, the
Director will schedule an informal hearing. The Director have at least ten days in which to
schedule the hearing. The notification of hearing will contain:
1. The date and time of the hearing
2. The location where the hearing will be held
3. The family's right to bring evidence,witnesses,legal or other representation at the
family's expense
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Rescheduling Procedures
After a hearing date is agreed to,the family may request to reschedule only upon showing "good
cause,"which is defined as an unavoidable conflict which seriously affects the health, safety or
Welfare of the family.
Hearing_Officers
The Informal Hearing shall be conducted by the Hearing Officer appointed by the HA who is
neither the person who made or approved the decision,nor a subordinate of that person(24 CFR
982.555(e)(4). The HA appoints hearing officers who:
Are HA management
Are managers/retired from other departments in the government of the jurisdiction
Are managers from other HAs
Are professional mediator`s or arbitrators.
Hearing Procedure
The informal hearing is conducted by the Hearing Officer for the purpose of considering
whether Housing Authority decisions related to the family's circumstances are "...in accordance
with the law, HUD regulations and HUD policies."
Families have the right to:
Present written or oral objections to the HA's determination;
Examine the documents in the file which are the basis for the HA's action, and all
documents submitted to the Hearing Officer;
Copy any relevant documents at their expense;
Present any information or witnesses pertinent to the issue of the hearing;
Request'that HA staff be available or present at the hearing to answer questions pertinent
to the case;.and. . : =.
Be"represented'by`legal counsel,advocate;'or other`designated "rep'resentative`atth. own
expense.
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All requests for a review, supporting documentation, and a copy of the final decision will be
retained in the family's file. If the family requests copies of documents relevant to the hearing,
the HA will make the copies for the family and assess a charge of 10 cents per copy. In no case
will the family be allowed to remove the file from the HA's office.
In addition to other rights contained in this Chapter,the HA has a right to:
Present evidence and any information pertinent to the issue of the hearing;
Be notified if the family intends to be represented by legal counsel, advocate, or another
Party;
Examine and copy any documents to be used by the family at the hearing.at least 24
hours prior to the hearing;
Have its attorney present; and
Have staff persons and other witnesses familiar with the case present.
Discovery/Admissibility
In general, all evidence is admissible at an informal hearing. There is an exception to this
general rule and that is if either party has failed to comply with the discovery requirements
outlined above--the hearing officer must refuse to admit any evidence that is submitted in
violation of these rules. In other words, if the family requested a document from the Housing
Authority and the HA did not make that document available to the family prior to the hearing,
that document may not be introduced into evidence at the hearing. Similarly, if the Housing
Authority has requested a document from the family and it was not made available prior to the
hearing, then it may not be introduced into evidence at the hearing. No documents may be
presented which have not been provided to the other party before the hearing if requested by the
other party. "Documents" include records and regulations..
Evidence
The hearing shall concern only the issues for which,the family has received the opportunity for
hearing. The hearing officer may only consider evidence presented at the hearing. Evidence
presented at the hearing may be considered without regard to admissibility under the rules of
evidence applicable to:judicial proceedings..Evidence may be.oral,documentary,,demonstrative
aid model chart or diagram) or evidence such as a tangible item relating to the case fixtures
� g ) g � .., .
from a unit etc.).
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Decision
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
HA shall take effect and another hearing will not be granted.
The Hearing Officer will determine whether the action, inaction or decision of the HA is legal in
accordance with-HUD regulations and this Administrative Plan based upon the evidence and
testimony provided at the hearing. Factual determinations relating to the individual
circumstances of the family will be based on a preponderance of the evidence presented at the
hearing.
A notice of the Hearing Findings shall be provided in writing to the HA and the family generally
within 30 days and shall include:..:-_
A clear summary of the decision and reasons for the decision;
If the decision involves money owed, the amount owed;
The date the decision goes into effect; and
If the decision upholds termination of assistance, the family will also be informed that the
time in which judicial review of this administrative decision may be sought is'governed
by Code of Civil Procedure Section 1094.6.
The HA is not bound by hearing decisions:
Which concern matters in which the HA is not required to provide an opportunity for a
hearing
Which conflict with or contradict to HUD regulations or requirements;
Which conflict with or contradict Federal, State or local laws; or
Which exceed the authority of the person conducting the hearing.
The HA shall send a letter to the participant if it determines the HA is not bound by the Hearing
Officer's determination. The letter shall include the HA's reasons for the decision. .
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All requests for a hearing, supporting documentation, and a copy of the final decision will be
retained in the family's file.
Rehearing or Further Hearing
Occasionally, the Housing Authority receives requests to reverse a decision upholding
termination following a hearing. The discretion to consider a rehearing to rectify any obvious
mistake-of law will be made directly to the Director of Housing Operations. It shall be within the
sole discretion of the Housing Authority to grant or deny this request. .
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E. HEARING AND APPEAL PROVISIONS FOR `RESTRICTIONS ON
ASSISTANCE TO NON-CITIZENS" [24 CFR 812.9]
Assistance to the family may not be delayed,denied or terminated on the basis of immigration
status at any time prior to the receipt of the decision on the INS appeal.
Assistance to a family may not be terminated or denied while the HA hearing is pending but
assistance to an applicant may be delayed pending the HA hearing.
INS Determination of Ineligibility
If a family member claims to be an eligible immigrant and the INS SAVE system and manual
search do not verify the claim,the HA notifies the applicant or participant.within ten days of
.their right to appeal to the INS within thirty days or to request an informal hearing with the HA
either in lieu of or subsequent to the INS appeal.
If the family appeals to the INS,.they,must give the HA a copy of the appeal and proof of mailing
or the HA may proceed to deny or terminate. The time period to request an appeal may be
extended by the HA for good cause.
The request for an HA hearing must be made within fourteen days of receipt of the notice
offering the hearing or, if an appeal was made to the INS, within fourteen days of receipt of that
notice.
After receipt of a request for an informal hearing, the hearing is conducted as described in section
D of this chapter for both applicants and participants. If the hearing officer decides that the
individual is not eligible, and there are no other eligible family members the HA will:
Deny the applicant family
Defer termination if the family is a participant and qualifies for deferral
Terminate the participant if the family does not qualify for deferral
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If there are eligible members in the family, the HA will offer to prorate assistance or give the
family the option to remove the ineligible members.
All other complaints related to eligible citizen/immigrant status:
If any family member fails to provide documentation or certification as required by the
regulation, that member is treated as ineligible. If all family members fail to provide, the
family will be denied or terminated for failure to provide.
Participants whose termination is carried out after temporary deferral may not request a
hearing since they had an opportunity for a hearing prior to the termination.
Participants whose assistance is pro-rated(either based on their statement that some
members are ineligible or due to failure to verify eligible immigration status for some
members after exercising their appeal and hearing rights described above) are entitled to a
hearing based on the right to a hearing regarding determinations of Tenant Rent and Total
Tenant Payment.
Families denied or terminated for fraud in connection with the non-citizens rule are
entitled to a review or hearing in the same way as terminations for any other type of
fraud.
F MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS WITH
DISABILITIES*
When applicants are denied placement on the waiting list, or the HA is terminating assistance,
the family will be informed that presence of a disability may be considered as a mitigating
circumstance during the informal review process.
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110 STAT. 834 PUBLIC LAW 104-120—MAR. 28, 1996
Public Law 104-120
104th Congress
An Act
Mara 28, 1996 To provide an extension' for fiscal year 1996 for certain programs administered
by the Secretary of Housing and Urban Development and the Secretary of Agri-
[S. 14941 -ure,and for other purposes.
Be it enacted by the Senate and House of Representatiues of
Housing the United States of America in Congress assembled,
Opportunity
Program SECTION 1. SHORT TITLE.
Extension `` - -
Act of 1996. This Act may be cited as the "Housing Opportunity Program
12 USC 1701 Extension Act of 1996".
note.
42 USC 1437f SEC. 2. MULTIFAMILY HOUSING ASSISTANCE.
note.
(a) SECTION 8 CONTRACT RENEWAL.—Notwithstanding section
405(b) of the Balanced Budget Downpayment Act, I (Public Law
104-99; 110 Stat. 44), at the request of the owner of any project
assisted under section 8(e)(2) of the United States Housing Act
of 1937 (as such section existed immediately before. October 1,
1991), the Secretary of Housing and Urban Development may
renew, for a period of 1 year, the contract for assistance under
such section for such project that expires or terminates during
fiscal year 1996 at current rent levels.
12 USC 4101 (b) LOW-INCOME MOUSING PRESERVATION.—
note. (1) USE OF AMOUNTS.—Notwithstandin
- g any provision of
the Balanced Budget Downpay;nent Act, I (Public Law 104-
99; 110 Stat. 26) or any other law, the Secretary shall use
the amounts described in paragraph (2) of this subsection under
the authority and conditions provided in the second undesig-
nated paragraph of the item relating to "HOUSING PROGRAMS—
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING" in title II of
the bill, H.R. 2099 (104th Congress), as passed the House
of Representatives on December 7, .1995;" except that.for pur-
poses of I this subsection, any reference in such undesignated
paragraph to March. 11' 19 96P shall be construed to refer to
April. 15, : 1996, any reference,in_such paragraph: to July 1,
1996, shall be coiistruE3 zo refer to August 15, 1996, '.and
any reference in such paragraph to August 1, 1996, shall be
construed to.refer to September 15, 1996:
(2) DESCRIPTION OF AMOUNTS.—Except. as otherwise pro-
vided in any future appropriation Act, the amounts described
under this paragraph-are any amounts that—
(A) are—
(i) unreserved, unobligated amounts provided in
an appropriation Act enacted before the date of the
n—n nfm--4- —r 4-1.,n A^f-
PUBLIC LAW 104-120—MAR. 28, 1996 110 STAT. 837
upon request, provide information to public housing agen-
. cies regarding the criminal conviction records of adult
applicants for, or tenants of, public housing for purposes
of applicant screening, lease enforcement, and eviction. .
"(B) EXCEPTION.—A law enforcement agency described
in subparagraph (A) shall provide information under this
paragraph relating to any criminal conviction of a juvenile
only to the extent that the release -of such information
is authorized under the law of-the applicable State, tribe,
or locality.
"(2) OPPORTUNITY TO DISPUTE.—Before an adverse action
is taken with regard to assistance under this title on the
basis of a criminal record, the public housing agency shall
provide the tenant or applicant with a copy of the criminal
record and an opportunity to dispute the accuracy and relevance
of that record. -
"(3) FEE.=A public' hout,: _g agency -may be charged a
reasonable fee for information provided under paragraph (1).
"(4) RECORDS MANAGEMENT.—Each public housing agency
shall establish and implement a system of records management
that ensures that any criminal record received by the public
housing agency is
"(A) maintained confidentially; Privacy.
"(B) not misused or improperly disseminated; and
"(C) destroyed, once the purpose for which the record
was requested has been accomplished.
"(5) DEFINITION;—For purposes of this subsection, the term
`adult' means a person who is 18 years of age or older, or
a who has been convicted of a crime as an adult under any
Federal, State, ortribal law.".
(c) INELIGIBILITY BECAUSE OF EVICTION FOR DRUG-RELATED
.ACTIVITY.—erection 6 of the United States Housing Act of 1937 42 USC I437d.
is amended by adding after subsection (q) (as added by subsection
(b) of this section) the following new subsection:
"(r) INELIGIBILITY BECAUSE OF EVICTION FOR DRUG-RELATED
ACTIVITY=Any tenant evicted from housing assisted under this
title by reason of drug-related criminal activity (as that term . is
defined in section 8(0) shall not be eligible for housing assistance
under this title during the 3-year period beginning 'on the date
of such eviction, unless the evicted tenant successfully completes
a rehabilitation program approved by the public housing agency
(which shall include a waiver of this subsection if the circumstances
leading to eviction no longer exist).".
(d) INELIGIBILITY OF ILLEGAL DRUG USERS AND ALCOHOL
ABUSERS FOR ASSISTED HOUSING.-erection 16 of the United- States
Housing Act of 1937 (42 U.S.C. 1437n) is drnended
(1) in the section heading by striking "INCOME"; and
(2) by adding at the end the following new subsection:
"(e),._INE, IC :BILITY OF ILLEGAL DRUG ,USERS ANDALcoHID- L
ABUSERS.—
"(1)
BUSERS."(1) IN GENERAL:—Notwithstanding any other provision of
law, a public housing agency shall'establish standards for occu-
pancy in public housing dwelling units and assistance under
section 8=
"(A) that-- prohibit occupancy in any. public housing
dwelling unit by, and assistance under section 8 for, any.
person—
PUBLIC LAW 104-120—MAR. 28, 1996 110 STAT. 845
take effect upon issuance and may not exceed, in length, 5 full
pages in the Federal Register.
SEC. 12. FUNDING FOR SELF-HELP HOUSING ASSISTANCE, NATIONAL
CTIIES IN SCHOOLS COMMUNT17Y DEVELOPMENT PROGRAM,
AND CAPACITY BUILDING THROUGH NATIONAL COMMU-
NITY DEVELOPMENT INITIATIVE.
(a) AUTHORITY TO USE ASSISTED HOUSING AMOUNTS.—To the
extent and for the purposes specified in subsection (b), the Secretary
of Housing and Urban Development may use amounts in the
account of the Department of Housing and Urban Development
known as the Annual Contributions for Assisted Housing account,
but only such amounts which—
(1) have been appropriated for- a fiscal year that occurs
before the fiscal year for which the Secretary uses the amounts;
and
(2) have been obligated before becoming available for use
under this section.
(b) FISCAL YEAR 1996.—Of the amounts described in subsection
(a), $60,000,000 shall be available to the Secretary of Housing
and Urban Development for fiscal year 1996 in the following
amounts for the following purposes:
(1) SELF-HELP HOUSING ASSISTANCE.—$40,000,000 for carry-
ing out section 11 of this Act.
(2) NATIONAL CITIES IN SCHOOLS COMMUNITY DEVELOPMENT
PROGRAM.—$10,000,000 for carrying out section 930 of .the
Housing and Community Development Act of 1992 (Public Law
102-550; 106 Stat. 3887).
(3) CAPACITY BUILDING THROUGH NATIONAL COMMUNITY
DEVELOPMENT INITIATIVE.—$10,000,000 for carrying out section
4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
note).
SEC. 13.APPLICABILITY AND HAPLEMENTATION. 42 USC 1437d
(a) APPLICABILITY.—This Act and the amendments made by iOte
this Act shall be construed to have become effective on October
1, 1995.
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
Processing Steps for Informal Reviews and Informal Hearings.
Step 1.HACCC field office staff decide to take action regarding an applicant/participant
and sends the applicant/participant a written notice of the decision. The written
notice includes a statement regarding the right to an informal review/hearing and
the process for requesting such a review/hearing.
Step 2. The applicant/participant requests an informal review/hearing.
Step 3. Immediately upon request, HACCC field staff must:
• Forward the request for informal review/hearing to the Department of Housing
Operations along with:
• A copy of the action letter sent to the applicant/participant,
• A copy of the applicant/participant's written request for a
review/hearing, and
• Copies of documentation supporting the Field Office action.
If an applicant/participant has requested a review/hearing on a matter not subject
to the review/hearing requirements, the field office shall so notify the
applicant/participant. •`
Step d.The Department of Housing Operations Secretary will log in the request and send
the Informal Review/Informal Hearing to the Director of Operations.
Step S.Upon receipt of the request from the applicant/participant,the Director of Housing
Operations or his/her designee to conduct the review/hearing, schedule the
review/hearing, and notify the applicant/participant in writing.,,
Step 6.The review/hearing will be conducted in accordance with HACCC policy and
procedures.
Step 7.A written decision will be issued in accordance with HACCC policies and
procedures:
HOUSING AUTHORITY
of the
COUNTY OF CONTRA COSTA
Informal Review/Informal Meeting Agenda
HACCC Section 8 Certificate and Voucher Program
The Review/Hearing Convenor begins the review/hearing at the time specified
on the notice. If the applicant/participant is not present, the Convenor may elect to hold
the review/hearing or may postpone the review/hearing to a later date.
Introduction. The Convenor should introduce him or herself and pass around a
dated attendance sheet to be signed by the Housing Authority staff in attendance, the
applicant/participant, the applicant/participant's representative, if any, and.any witnesses
who will testify.
Process Overview. The Convenor should then give a brief overview of the reason
for the review/hearing and an.explanation of the review/hearing agenda. The Convenor
may elect to give this briefing with or without non-parties or witnesses present (parties
are the relevant Housing Authority staff plus the applicant/participant and any
representative of either party). However, once the presentation of evidence begins, non-
parties and witnesses should leave the review/hearing room until it is time for their
input.
The Housing Authority does not tape or compile transcripts for informal
reviews/hearings.
Presentation of Evidence. The Housing Authority staff person responsible for the
decision will present evidence first. The staff person should set forth the basis for the
decision and provide the applicant/participant and the Convenor with supporting
documentation. The applicant/participant and the Convenor may ask questions of the
staff person. The staff person may call any witnesses she may have to support the
decision. The applicant/participant and the Convenor may ask questions of the witness.
After the Housing Authority has presented its position, provided supporting
documentation and has responded to relevant questions, the applicant/participant will
have the opportunity to make a presentation and provide supporting documentation or
witnesses. The Housing Authority staff person and the Convenor may ask questions of
the applicant/participant and any witnesses.
Witnesses should only.be:present in the review/hearing room when testifying or
during the introductory discussions.
Close of Evidence. Once the parties have presented their positions, the Convenor
will close the review/hearing. The Convenor may make a final determination at the
review/hearing, which must be memorialized later in a written hearing decision, or the,
Convenor may elect to wait to make the decision known through the written decision.
GLOSSARY
A. ACRONYMS USED IN SUBSIDIZED HOUSING
AAF Annual Adjustment Factor. A factor published by HUD in the Federal Register
which is used to compute annual rent adjustments.
ACC Annual Contributions Contract
BR Bedroom
CDBG Community Development Block Grant
CFP Certificate of Family Participation
CFR Code of Federal Regulations. Commonly referred to as"the regulations"., The
CFR is the compilation of Federal rules which are first published in the Federal
Register and define and implement a statute.
CPI Consumer Price Index. CPI is published monthly by the Department of Labor as
an inflation indicator.
CR Contract Rent
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration
FICA Federal Insurance Contributions Act - Social Security taxes
FmHA Farmers Home Administration
FMR Fair Market Rent
FY Fiscal Year
FYE Fiscal Year End
GAO_ Government Accounting Office
GFC Gross Family Contribution. Note: Has been replaced by the term Total Tenant
Payment(TTP).
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GR Gross Rent
HA Housing Agency.
HAP Housing Assistance Payment
HAP Plan Housing Assistance Plan
HCDA Housing and Community Development Act
HQS Housing Quality Standards
HUD The Department of Housing and Urban Development or its designee.
HURRA Housing and Urban/Rural Recovery Act of 1983
HV Housing Voucher
IG Inspector General
IGR Independent Group Residence
IPA Independent Public Accountant
IRA Individual Retirement Account
MSA Metropolitan Statistical Area established by the U.S. Census Bureau
PHA Public Housing Agency
PMSA A Primary Metropolitan Statistical Area established by the U.S. Census Bureau
PS Payment Standard
QC Quality Control
RLA Request for.Lease Approval (see also RFLA)
RFLA Request for Lease Approval
RFP Request for Proposals
RRP Rental Rehabilitation Program
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SRO Single Room Occupancy
SSMA. Standard Statistical Metropolitan Area. Has been replaced by MSA, Metropolitan
Statistical Area.
TR Tenant Rent
TTP Total Tenant Payment
UA Utility Allowance
URP Utility Reimbursement Payment
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B GLOSSARY OF TERMS IN SUBSIDIZED HOUSING
ABSORPTION. In portability, the point at which a receiving HA stops billing the initial HA for
assistance on behalf of a portability family. The receiving HA uses funds available under the
receiving HA consolidated ACC.
ACC RESERVE ACCOUNT (FORMERLY "PROJECT RESERVE"). Account established
by HUD from amounts by which the maximum payment to the HA under the consolidated ACC
(during an HA fiscal year) exceeds the amount actually approved and paid. This account is
used asthe source of additional payments for the program.
ADJUSTED INCOME. Annual income, less allowable HUD deductions.
ADMINISTRATIVE FEE. Fee paid by HUD to the HA for administration of the program.
ADMINISTRATIVE FEE RESERVE (Formerly "Operating reserve"). Account
established by HA from excess administrative fee income. The administrative fee reserve must
be used for housing purposes.
ADMISSION. The effective date of the first HAP contract for a family (first day of initial lease
term) in a tenant-based program. This is the point when the family becomes a participant in the
program.
ANNUAL CONTRIBUTIONS CONTRACT (ACC). A written contract between HUD and an
HA. Under the contract HUD agrees to provide funding for operation of the program, and the
HA agrees to comply with HUD requirements for the program
ANNUAL INCOME. The anticipated total Annual 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. "
ANNUAL INCOME AFTER ALLOWANCES. The Annual Income (described above) less
the HUD-approved allowances.
APPLICANT. (or applicant family). A family that has applied for admission to a program, but
is not yet a participant in the program.
"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.)
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ASSISTED TENANT. A tenant who pays less than the market rent as defined in the
regulations. Includes tenants receiving rent supplement, Rental Assistance Payments, or Section
8 assistance and all other 236 and 221 (d)(3) BMIR tenants, except those paying the 236 market
rent or 120% of the BMIR rent, respectively.
BUDGET AUTHORITY. An amount authorized and appropriated by the Congress for
payment to HAs under the program. For each funding increment in an HA program, budget
authority is the maximum amount that may be paid by HUD to the HA over the ACC term of the
funding increment.
CERTIFICATE OF FAMILY PARTICIPATION. A Certificate issued by the PHA under the
Section 8 Rental Assistance Program, declaring a family to be eligible for participation in this
program and stating the terms and conditions for such participation.
CERTIFICATE OR VOUCHER HOLDER. A family holding a voucher or certificate with
unexpired search time.
CERTIFICATE PROGRAM. Rental certificate program.
CHILD CARE EXPENSES. Amounts paid by the family for the care of minors under 13 years
of age where such care is necessary to enable a family member to be employed or for
a household member to further his/her education.
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT. (Consolidated ACC). See
24 CFR 982.151.
CONTIGUOUS MSA. In portability, an MSA that shares a common boundary with the MSA
in which the jurisdiction of the initial HA is located.
CONTINUOUSLY ASSISTED. An applicant is continuously assisted under the 1937 Housing
Act if the family is already receiving assistance under any 1937 Housing Act program when the
family is admitted to the certificate or voucher program. A family is considered continuously
assisted if it experiences a temporary break in assistance of no more than 30 days. Families who
have experienced a break in assistance over 30 days may petition to the Director of Housing
Operations for an exception.
CONTRACT. (See Housing Assistance Payments Contract.)
CONTRACT AUTHORITY. The maximum annual payment by HUD to an HA for a funding
increment.
CONTRACT RENT. In the Section 8 Certificate Program, Contract Rent is the total rent paid
to the owner, including the tenant payment and the HAP payment from the PHA.
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DEPENDENT. A member of the family household (excluding foster children) other than the
family head or spouse, who is under 18 years of age or is a Disabled Person or Handicapped
Person, or is a full-time student 18 years of age or over.
DISABLED PERSON. A person who is any of the following:
(1) A person who has a disability as defined in section 223 of the Social Security Act. (42
U.S.C.423).
(2) A person who has a physical, mental, or emotional impairment that:
(i) Is expected to be of long-continued and indefinite duration;
(ii) Substantially impedes his or her ability to live independently; and
(iii) Is of such a nature.that ability to live.independently could be improved by more
suitable housing conditions.
(3) A person who has a developmental disability as defined in section 102(7) of the
Developmental Disabilities Assistance and Bill of Rights Act(42 U.S.C. 6001(7)).
DISPLACED PERSON. A person displaced by governmental action,ora person whose
dwelling has been extensively damaged or destroyed as a result of a disaster declared or
otherwise formally recognized under federal disaster relief laws.
DOMICILE. The legal residence of the household head or spouse as determined in accordance
with State and local law.
DRUG-RELATED CRIMINAL ACTIVITY. Term means:
(1) Drug-trafficking; or
(2) Illegal use, or possession for personal use of a controlled substance (as defined in section
102 of the Controlled Substances Act(21 U.S.C. 802)).
DRUG TRAFFICKING. The illegal manufacture, sale, distribution, use, or possession with
intent to manufacture, sell, distribute or use, of a controlled substance (as defined in section 102
of the Controlled Substances Act(21 U.S.C. 802)).
ELDERLY HOUSEHOLD. A family whose head or spouse or whose sole member is at least
62 years of age or a Disabled Person as defined in this section or a Handicapped Person as
defined in this section or may include two.or more elderly, disabled or handicapped persons
living together or one or more such'persons living with another person who is determined to be
essential to his/her care and wellbeing.
ELDERLY PERSON. A person who is at least 62 years old.
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ELIGIBLE FAMILY (Family). A family is defined by the HA in the administrative Plan,
which is approved by HUD. A family is a group of two or more persons who regularly live
together. A family may also be a single person or a group of persons. A family includes a
family with a child or children. In addition, a group of persons consisting of two or more elderly
persons or disabled persons living together , or one or more elderly or disabled persons living
with one or more live-in aides is a family.
EXCEPTIONAL MEDICAL OR OTHER EXPENSES. Prior to the regulation change in
1982, this meant medical and/or unusual expenses as defined in Part 889 which exceeded 25% of
the Annual Income. It is no longer used.
EXCEPTION RENT. In the certificate program an initial rent(contract rent plus any utility
allowance) in excess of the published FMR. In the certificate program the exception rent is
approved by HUD, or the HA under prescribed conditions, and is used in determining the initial
contract rent. In the voucher program the HA may adopt a payment standard up to the exception
rent limit approved by HUD for the HA certificate program.
EXCESS MEDICAL EXPENSES. Any medical expenses incurred by elderly families only in
excess of 3% of Annual Income which are not reimbursable from any other source.
FAIR MARKET RENT (FMR). The rent including the cost of utilities (except telephone)that
would be required to be paid in the housing market area to obtain privately owned existing
decent, safe and sanitary rental housing of modest(non-luxury) nature with suitable amenities.
Fair market rents for existing housing are established by HUD for housing units of varying sizes
(number of bedrooms) and are published in the Federal Register in accordance with 24 CFR
part 882.
FAMILY. The applicant must qualify as a family as defined by the HA.
FAMILY OF VETERAN OR SERVICEPERSON. A family is a" family of veteran or
serviceperson" when:
1. The veteran or serviceperson (a) is either the head of household or is related to the head of
the household;or(b) is deceased and was related to the head of the household, and was a
family member at the time of death.
2. The veteran or serviceperson;unless deceased, is living with the family or is only
temporarily absent unless s/he was(a)formerly the head of the household and is
permanently absent because of hospitalization, separation,or desertion,or is divorced;
provided, the family contains one or more persons for whose support s/he is legally
responsible and the spouse has not remarried; or(b)not the head of the household but is
permanently hospitalized;provided,that s/he was a family member at the time of
-' hospitalization and there remain in the family at least two related persons.
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FAMILY SELF-SUFFICIENCY PROGRAM (FSS PROGRAM). The program established
by an HA to promote self-sufficiency of assisted families, including the provision of supportive
services.
FEDERAL PREFERENCE. A preference under federal law for admission of applicant
families that are any of the following:
(1) Involuntarily displaced.
(2) Living in substandard housing (including families that are homeless or living in a shelter
for the homeless).
(3) Paying more than 50 percent-of family income for rent.
FEDERAL PREFERENCE HOLDER. An applicant that qualifies for a federal preference.
FMR/EXCEPTION RENT LIMIT. The section 8 existing housing fair market rent published
by HUD headquarters or any exception rent. In the certificate program the initial contract rent
for a dwelling unit plus any utility allowance may not exceed the FMR/exception rent limit (for
the dwelling unit or for the family unit size). In the voucher program the HA may adopt a
payment standard up to the FMR/exception rent limit.
FOSTER CHILD CARE PAYMENT. Payment to eligible households by state, local, or
private agencies appointed by the State, to administer payments for the care of foster children.
FULL-TIME STUDENT. A person who is carrying a subject load that is considered full time
for day students under the standards and practices of the educational institution attended. An
educational institution includes a vocational school with a diploma or certificate program, as well
as an institution offering a college degree.
FUNDING INCREMENT. Each commitment of budget authority by HUD to an HA under the
consolidated annual contributions contract for the HA program.
GROSS FAMILY CONTRIBUTION. Changed to Total Tenant Payment.
GROSS RENT. The sum of the Contract Rent and the utility allowance. If there is no utility
allowance, Contract Rent equals Gross Rent.
HANDICAP ASSISTANCE. Anticipated costs for care attendants and auxiliary apparatus for
handicapped or disabled family members which enable a family member(including the
handicapped family member) to work.
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HANDICAPPED PERSON. [Referred to as a Person with a Disability]. A person having a
physical or mental impairment which:
(1) Is expected to be of long-continued and indefinite duration;
(2) Substantially impedes his or her ability to live independently; and
(3) Is of such a nature that such ability could be improved by more suitable housing
conditions.
HAP CONTRACT. (See Housing Assistance Payments contract.)
HEAD OF HOUSEHOLD. The head of household is.the person who assumes legal and
financial responsibility for the household and is listed on the application as head.
HOUSING AGENCY. A state, country,municipality or other governmental entity or public
body authorized to administer the program. The term"HA" includes an Indian housing authority
(IHA). ("PHA" and"HA"mean the same thing.)
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Act in which the U.S.
Housing Act of 1937 (sometimes referred to as the Act) was recodified, and which added the
Section 8 Programs.
HOUSING ASSISTANCE PAYMENT. The monthly assistance payment by an H.A. The total
assistance payment consists of:
(1) A payment to the owner for rent to owner under the family's lease.
(2) An additional payment to the family if the total assistance payment exceeds the rent to
owner. The additional payment is called a"utility reimbursement"payment.
HOUSING ASSISTANCE PAYMENTS CONTRACT. (HAP contract). A written contract
between an HA and an owner in the form prescribed by HUD headquarters, in which the HA
agrees to make housing assistance payments to the owner on behalf of an eligible family.
HOUSING ASSISTANCE PLAN. (1)A Housing Assistance Plan submitted by a local
government participating in the Community Development Block Program as part of the block
grant application,in accordance with the requirements of 570.303(c) submitted by a local
government not participating in the Community Development Block Grant Program and
approved by HUD. (2)A Housing`Assistance Plan meeting the requirements of 570.303(c)
submitted by a local government not participating in the Community Development Block Grant
Program and approved by HUD.
HOUSING QUALITY STANDARDS (HQS). The HUD minimum quality standards for-
housing
orhousing assisted under the tenant-based programs.
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HUD REQUIREMENTS. HUD requirements for the Section 8 programs. HUD requirements
are issued by HUD headquarters as regulations. Federal Register notices or other binding
program directives.
HURRA. The Housing and Urban/Rural Recovery Act of 1983 legislation that resulted in most
of the 1984 HUD Regulation changes to the definition of income, allowances, and rent
calculations.
IMPUTED ASSET. Asset disposed of for less than Fair Market Value during two years
preceding examination or reexamination.
IMPUTED INCOME. HUD passbook rate x total cash value of assets. Calculation used when
assets exceed$5,000.
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.
INDIAN. Any person recognized as an Indian or Alaska Native by an Indian Tribe,the federal
government, or any State.
INDIAN HOUSING AUTHORITY (I HA). A housing agency established either:
(1) By exercise of the power of self-government of an Indian Tribe, independent of State law,
or
(2) By operation of State law providing specifically for housing authorities for Indians.
INTEREST REDUCTION SUBSIDIES. The monthly payments or discounts made by HUD
to reduce the debt service payments and, hence, rents required on Section 236 and 221 (d)(3)
BMIR projects. Includes monthly interest reduction payments made to mortgagees of Section
236 projects and front-end loan discounts paid on BMIR projects.
INVOLUNTARILY DISPLACED PERSON. Involuntarily Displaced Applicants are
applicants who meet the HUD definition for the federal preference.
LANDLORD. This term means 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.
LARGE VERY LOW INCOME FAMILY. Prior to the 1982 regulations, this meant a very
low income family which included six or more minors. This term is no longer used.
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LEASE. A written agreement between an owner and an eligible family for the leasing of a
housing unit.
The Section 8 Certificate and Voucher program have an Addendum to Lease that has mandatory
language which must be incorporated into any lease the HA uses. The Addenda are different for
the Certificate and Voucher Programs.
LIVE-IN AIDE. A person who resides with an elderly person or disabled person and who:
(1) Is determined to be essential to the care and well-being of the person.
(2) ' Is not obligated for the support of the person.
(3) Would not be living in the unit except to provide necessary supportive services.
LOCAL PREFERENCE. A preference used by the HA to select among applicant families
without regard to.their federal preference status.
LOW-INCOME FAMILY. A family whose annual income does not exceed 80 percent of the
median income for the area, as determined by HUD,with adjustments for smaller and larger
families. For admission to the certificate program, HUD may establish income limits higher or
lower than 80 percent of the median income for the area on the basis of its finding that such
variations are necessary because of the prevailing levels of construction costs or unusually high
or low family incomes.
MARKET RENT. The rent HUD authorizes the owner of FHA insured/subsidized multi-family
housing to collect from families ineligible for assistance. For unsubsidized units in an FHA-
insured multi-family project in which a portion of the total units receive project-based rental
assistance, under the Rental Supplement or Section 202/Section 8 Programs, the Market Rate
Rent is that rent approved by HUD and is the Contract Rent for a Section 8 Certificate holder.
For BMIR units, Market Rent varies by whether the project is a rental or cooperative.
MEDICAL EXPENSES. Those total 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 Households only. These allowances are given
when calculating adjusted income for medical expenses in excess of 3% of Annual Income.
MINOR. A member of the family household(excluding foster children) other than the family
head or spouse who is under 18 years of age.
MONTHLY ADJUSTED INCOME. 1/12 of the Annual Income after Allowances or Adjusted
Income.
MONTHLY INCOME. 1/12 of the Annual Income.
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NEGATIVE RENT. Now called Utility Reimbursement. A negative Tenant Rent results in a
Utility Reimbursement Payment (URP).
NET FAMILY ASSETS. Value of equity in savings, checking, IRA and Keogh accounts,real
property, stocks, bonds, and other forms of capital investment. The value of necessary items of
personal property such as furniture and automobiles is excluded from the definition.
NET FAMILY CONTRIBUTION. Former name for Tenant Rent.
OCCUPANCY STANDARDS. [Now referred to as Subsidy Standards] Standards
established by an HA to determine.the appropriate number of bedrooms for families of different
sizes and compositions.
OWNER. Any persons or entity having the legal right to lease or sublease housing.
PARTICIPANT. A family that has been admitted to the HA's certificate program or voucher
program. The family becomes a participant on the effective date of the first HAP contract
executed by the HA for the family(First day of initial lease term).
PAYMENT STANDARD. The amount used to calculate the housing assistance a family will
receive in the HA's Housing Voucher Program.
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). A state, county, municipality, or other governmental
entity or public body authorized to administer the programs. The term "PHA" includes an Indian
housing authority (IHA). ("PHA" and "HA" mean the same thing.) In this rule, a "PHA" is
referred to as a"housing agency" (HA).
RANKING PREFERENCE. A preference used by the HA to select among applicant families
that qualify for federal preference.
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. There are annual and interim
recertification.
REMAINING MEMBER OF TENANT FAMILY. Person left in assisted housing after other
family members have left and become unassisted.
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RENT TO OWNER. This is called Contract Rent in the Certificate Program and Rent to Owner
in the Voucher Program. It is the total amount of rent payable to the owner by the family and the
HA per month for an assisted unit.
RESIDENT ASSISTANT. A person who lives in an Independent Group Residence and
provides on a daily basis some or all of the necessary services to elderly, handicapped, and
disabled individuals receiving Section 8 housing assistance and who is essential to these
individuals' care or wellbeing. A Resident Assistant shall not be related by blood, marriage or
operation of law to individuals receiving Section 8 assistance nor contribute to a portion of
his/her income or resources towards the expenses of these individuals. (See Sections 882.109(n),
882.106(c)and 882.102 definitions in Appendix 1 of 7420.7.)
SECRETARY. The Secretary of Housing and Urban Development.
SECURITY DEPOSIT. A dollar amount which can be applied to unpaid rent,damages or other
amounts to the owner under the lease.
SERVICEPERSON. A person in the active military or naval service (including the active
reserve) of the United States.
SINGLE PERSON. A person living alone or intending to live alone.A single person family
may be an elderly person, a displaced person, a disabled person, and any other single person.
SPOUSE. The husband or wife of the head of the household.
SUBSIDIZED PROJECT. A multi-family housing project (with the exception of a project
owned by a cooperative housing mortgage corporation or association) which receives the benefit
of subsidy in the form of:
(1) Below-market interest rates pursuant to Section 221(d)(3) and(5) or interest reduction
payments pursuant to Section 236 of the National Housing Act; or
(2) Rent supplement payments under Section 101 of the Housing and Urban Development
Act of 1965; or
(3) Direct loans pursuant to Section 202 of the Housing Act of 1959; or
(4) Payments under the Section 23 Housing Assistance Payments Program pursuant to
Section 23 of the'United States Housing Act of 1937 prior to.amendment by the Housing
and Community Development Act of 1974-
(5) Payments under the Section 8 Housing Assistance Payments.Program pursuant to Section
8 of the United States Housing Act after amendment by the Housing and.Community
Development Act unless the project is owned by a Public Housing Agency;
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(6) A Public Housing Project.
SUBSTANDARD UNIT. Substandard housing is defined by HUD for use as a federal
preference.
TENANT RENT. (Formerly called Net Family contribution.) The amount payable monthly by
the family as rent to the owner(including a PHA in other programs). Where all utilities (except
telephone) and other essential housing services are supplied by the owner, Tenant Rent equals
Total Tenant Payment. Where some of all utilities (except telephone) and other essential housing
services are not supplied by the owner and the cost thereof is not included in the amount paid as
rent to the owner, Tenant Rent equals Total Tenant Payment less the Utility Allowance in the
Certificate Program. In the Voucher Program,Tenant Rent is Rent to Owner less HAP.
TOTAL TENANT PAYMENT (TTP). The total amount the HUD rent formula requires the
tenant to pay toward rent and utilities.
UNIT. Residential space for the private use of a family.,
UNUSUAL EXPENSES. Prior to the change in the 1982 regulations,this was the term applied
to the amounts paid by the family for the care of minors under 13 years of age or for the care of
disabled or handicapped family household members, but only where such care was necessary to
enable a family member to be gainfully employed.
UTILITIES. Utilities means water, electricity, gas, other heating, refrigeration, cooking fuels,
trash collection and sewage services. Telephone service is not included as a utility.
UTILITY ALLOWANCE. If the cost of utilities (except telephone) including range and
refrigerator, and other housing services for an assisted unit is not included in the Contract 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 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 healthy living environment.
UTILITY REIMBURSEMENT PAYMENT. The amount, if any, by which the Utility
Allowance for the unit, if applicable, exceeds the Total Tenant Payment for the family occupying
the unit.
VACANCY LOSS PAYMENTS. (For contracts effective prior to 10/2/95)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.
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VERY LARGE LOWER-INCOME FAMILY. Prior to the change in the 1982 regulations
this was described as a lower-income family which included eight or more minors. This term is
no longer used.
VERY LOW INCOME FAMILY. A Lower-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 Certificate and
Voucher Programs.
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.
WAITING LIST. A list of families organized according to HUD regulations and HA policy
who are waiting for subsidy to become available.
WELFARE ASSISTANCE. Welfare or other payments to families or individuals, based on
need,that are made under programs funded, separately or jointly,by Federal, state, or local
governments.
WELFARE RENT. This concept is used ONLY for Section 8 Certificate tenants who receive
welfare assistance on an "AS-PAID"basis. It isnot used for the Housing Voucher Program.
(1) If the agency does NOT apply a ratable reduction, this is the maximum a public assistance
agency COULD give a family for shelter and utilities,NOT the amount the family is
receiving at the time the certification or recertification is being processed.
(2) If the agency applies a ratable reduction, welfare rent is a percentage of the maximum the
agency could allow.
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C GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE
CHILD. A member of the family other than the family head or spouse who is under 18 years of
age.
CITIZEN. A citizen or national of the United States.
EVIDENCE. Evidence of citizenship or eligible immigration status means the documents which
must be submitted to evidence citizenship or eligible immigration status.
HA. A housing authority- either a public housing agency or an Indian housing authority or both.
HEAD OF HOUSEHOLD. The adult member of the family who is the head of the household
for purpose of determining income eligibility and rent.
HUD.. Department of Housing and=Urban Development.
INS. The U.S. Immigration and Naturalization Service.
MIXED FAMILY. A family whose members include those with citizenship or eligible
immigration status and those without citizenship or eligible immigration status.
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.
NONCITIZEN. A person who is neither a citizen nor national of the United States.
PHA. A housing authority who operates Public Housing.
RESPONSIBLE ENTITY. The person or entity responsible for administering the restrictions
on providing assistance to noncitizens with ineligible immigration status (the HA).
SECTION 214. Section 214 restricts HUD from making financial assistance available for
noncitizens unless they meet one of the categories of eligible immigration status specified in
Section 214.
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