HomeMy WebLinkAboutMINUTES - 07081997 - C118-C122 C. /1,
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez, Executive Director
DATE: July 8, 1997
SUBJECT: SECTION 8 ADMINISTRATIVE PLAN
SPECIFIC REQUEST(S)OR RFCOMMENDATION(S)& BACKGROUND AND JUS'T'IFICATION
L RECOMMENDED ACTION:
ADOPT Resolution No.4012 amending the Section 8 Administrative Plan based on HUD and policy recommendations.
it. FINANCIAL IMPACT:
None.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
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
modifications revise the Administrative Plan approved by the Board in June, '1997 to include recent changes in HUD
Regulations and other changes in policy.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.4012,the Housing Authority would be in
violation of HUD requirements for operating the Section 8 Program.
CONTINUED ON ATTACHMENT: —YES SIGNATURE r k4l-�
_RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER_
VQfiE OF COMMISSIONERS
f( I HEREBY CERTIFY THAT THIS IS A
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_a±,
Pp /
P B ELOR,CLERK OF
T BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
i
BY DEPUTY
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 4012
RESOLUTION REVISING THE SECTION 8 RENTAL ADMINISTRATION
PLAN
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 and agency policy 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 July 8, 1997 by the
following vote of the Commissioners.
AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ONTHEDATE SHOWN.
ATTESTED�'�^ry o I � 1 1 7
(YHIL BATCHELOR, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY
s8adminR
Table of Contents
Chapter i
STATEMENT OF POLICIES AND OBJECTIVES
A. LOCAL OBJECTIVES........................................................................................................ 1-1
B. PURPOSE OF THE PLAN.................................................................................................. 1-2
C. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)] ........................................................... 1-2
D. SERVICE POLICY /ACCOMMODATIONS..................................................................... 1-3
E. TRANSLATIONS OF DOCUMENTS ............................................................................... 1-4
F. FAMILY OUTREACH ....................................................................................................... 1-4
G. OWNER OUTREACH [24 CFR 982.54(d)(5)].................................................................. 1-5
H. PRIVACY RIGHTS ............................................................................................................ 1-5
I. EQUAL EMPLOYMENT OPPORTUNITY ...................................................................... 1-6
J. RULES AND REGULATIONS.......................................................................................... I-6
K. JURISDICTION .................................................................................................................. 1-7
L. MONITORING PROGRAM PERFORMANCE ................................................................ 1-7
M. TERMINOLOGY................................................................................................................ 1-8
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-0].......................2-6
D. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS [24 CFR 5.5001...........................2-7
E. OTHER CRITERIA FOR ADMISSION [24 CFR 982.552 (b)].........................................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
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Chapter 3
APPLYING FOR ADMISSION
A. HOW TO APPLY...................................................._............................................... ....3-1
B. OPENING/CLOSING OF APPLICATION TAKING t24 CFR 982.206, 982.54(d)(1)] ...3-2
C. "INITIAL" APPLICATION PROCEDURES [24 CFR 982.204(b)]................................3-5
D. NOTIFICATION OF APPLICANT STATUS...... .....................-... ......... .....--.........-3-6
E. TIME OF SELECTION....... ...........--........... ........ ....-........... .............................--......- 3-6
R COMPLETION OF A FULL APPLICATION ...................................................................3-6
G. SELECTION OF CERTIFICATE OR VOUCHER [24 CFR 982.205 (c)(2)]....................3-9
H. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY ..........................3-9
Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
[24CFR 982.54(d)(I)i
A. APPLICATION POOL............................................................................. ...... ...................4-1
B. WAITING LIST PREFERENCES [24 CFR 982.207]........................................................4-3
C. FEDERAL PREFERENCE CATEGORIES [24 CFR 981211-213]..................................4-5
D. INITIAL DETERMINATION OF FEDERAL PREFERENCE QUALIFICATION --....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 [24CFR 982.203, 982.54(d)(3)]............4-11
H. TARGETED FUNDING ................................................................... ...............................4-11
I. PREFERENCE ELIGIBILITY [24 CFR 982.210(c)(3-4)] ...............................................4-12
k 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)].........._...................................................4-13
M. REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204(c)] ................4-14
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Chapter 5
SUBSIDY STANDARDS
[24 CFR 982.54(d)(9)]
A. DETERMINING CERTIFICATENOUCHER SIZE [24 CFR 982.402]........................... 5-1
B. CHANGES IN CERTIFICATENOUCHER 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
MINIMUMRENT..... .......__............ ................ ....... ........ ...._6-2
B. DEFINITION OF TEMPORARILY/PERMANENTLY ABSENT
[24 CFR 813.106, 982.54(d)(I 0), 982.5 5 1(h)(2), (3), (7)] ..................................................6-2
VISITORS................. ................................... ......................... .........6-6
C. AVERAGING INCOME [24 CFR 813.106(d)]............................................................ .....6-7
D. MINIMUM INCOME t24 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 [24 CFR 813.106(b)(7)]............................6-8
G. ALIMONY AND CHILD SUPPORT [24 CFR 813.106(b)(7)j.........................................6-8
H. LUMP-SUM RECEIPTS [24 CFR 813.106(b)(4)] .............................................................6-9
L 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"MIXED" FAMILIES [24 CFR 5.520]............ 6-10
N. REDUCTION IN BENEFITS ..... ......................... ........................................ ............. ....6-11
O. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS .............6-11
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Chapter 7
VERIFICATION PROCEDURES
124 CFR 750.1, 812.6 &.12, 813.106 &.109, 913.106, 982.108, 982.210-98:.2131
A. METHODS OF VERIFICATION AND TIME ALLOWED..............................................7-1
B. RELEASE OF INFORMATION.........................................................................................7-3
C. COMPUTER MATCHING ................................................................................................7-3
D. ITEMS TO BE VERIFIED..................................................................................................7-3
E. VERIFICATION OF INCOME...........................................................................................7-4
I. VERIFYING NON-FINANCIAL FACTORS ....................................................................7-5
J. WAITING LIST PREFERENCES [24 CFR 982.208, 982.210-982.2131.........................7-10
Chapter 8
CERTIFICATENOUCHER ISSUANCE AND BRIEFINGS
A. ISSUANCE OF CERTIFICATESNOUCHERS [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 982.3131 .......................................... 8-6
G. TERM OF CERTIFICATENOUCHER [24 CFR 982.303, 982.54(d)(I1)].......................8-7
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Chapter 9
REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION
A. REQUEST FOR LEASE APPROVAL (RLA) [24 CFR 982.305(b)].................................9-1
B. DISAPPROVAL OF RLA...................................................................................................9-3
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 EFF. DATE.......9-10
J. CONTRACT EXECUTION PROCESS [24 CFR 982.305(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), 982.405].................... 10-1
B. ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HQS [24CFR 982.401(a)]..... 10-2
C. INSPECTIONS.................................................................................................................. 10-2
D. EMERGENCY REPAIR ITEMS [24 CFR 982.401(a)].................................................... 10-4
E. CONSEQUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY ITEMS).... 10-4
F. DETERMINATION OF RESPONSIBILITY [24 CFR 982.404, 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
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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 [24 CFR 882.212(a), 887.355].................................................. 12-1
B. ANNUAL RECERTIFICATIONIREEXAMINATION [24 CFR 882.212(a), 887.355].. 12-2
C. REPORTING INTERIM CHANGES [24 CFR 882,212(b), 887.357].............................. 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 ....................................... 12-8
G. CONTINUANCE OF ASSISTANCE FOR"MIXED" FAMILIES
24 CFR 5.5181 -...................................................... ....................................................... 12-8
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Table of Contents
Chapter 13
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
A. ALLOWABLE MOVES.................................................................................................... 13-1
B. RESTRICTIONS ON MOVES [24 CFR 982.314, 982.552] ........................................... 13-2
C. PROCEDURE FOR MOVES............................................................................................ 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. DEFERRAL/TERMINATION DUE TO INELIGIBLE IMMIGRATION STATUS
[24 CFR 5.514-5.518 (b) (1)]............................................................................................. 14-5
F. TERMINATION DUE TO OWNER DISAPPROVAL [24 CFR 982.4531...................... 14-6
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Table of Contents
Chapter 15
DENIAL OR TERMINATION OF ASSISTANCE
A. GROUNDS FOR DENIAL/TERMINATION [24 CPR 982.552, 982.553,5.5 . 5.518] 15-1
B. FAMILY OBLIGATIONS [24 CFR 982.551].................................... . ...........15-4
"ONE STRIKE", DRUG RELATED, VIOLENT CRIMINAL ACTIVITY..............15-8
C. PROCEDURES FOR NON-CITIZENS [24 CFR 5.514, 5.5161___....... ............ 15-10
D. $0 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 982.55I, 982.552(c)]..,..... 15-14
Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
A. DISAPPROVAL OF OWNER [24 CFR 982306, 98154(d)(8)1_.... ........_........__....... 16-1
B. OWNER RESTRICTIONS AND PENALTIES [24 CFR 982.302(a)(8), 982.4531 ......... 16-2
C. OTHER REMEDIES FOR OWNER VIOLATIONS........................................................ 16-3
Chapter 17
CLAIMS, MOVE-OUT AND CLOSE-OUT INSPECTIONS
(For Contracts Effective Before October 2, 1995)
A. OWNER CLAIMS............................................................................................................. 17-1
B. UNPAID RENT [24 CFR 887.215, 882.112(d)]............................................................... 17-1
C. VACANCY LOSS IN THE CERTIFICATE PROGRAM [24 CFR 887.1051 ................. 17-2
E. MOVE-OUT AND CLOSE-OUT INSPECTIONS........................................................... 17-4
F. PROCESSING CLAIMS-................................................... ............................................ 17-5
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Table of Contents
Chapter 18
OWNER OR FAMILY DEBTS TO THE HA
A. REPAYMENT AGREEMENT FOR FAMILIES
[24 CFR 792.103, 982.552(b)(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. PREFERENCE DENIALS [24 CFR 982.210(d)] ............................................................. 19-2
C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS ........................................ 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.. ........................................................................................................... 19-12
F. MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS WITH
DISABILITIES................................................................................................................ 19-13
GLOSSARY
A. ACRONYMS USED IN SUBSIDIZED HOUSING........................................................GL-I
B. GLOSSARY OF TERMS IN SUBSIDIZED HOUSING ................................................GL-4
C. GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE...............................GL-16
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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 either (1) as a"special admission" as defined by the Section 8
Policy Manual and HUD regulations; or(2) as a"waiting list admission as defined by the H.A.
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 r=rsons.
[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 considered a family, however such a live-in aide is not
considered a family member.
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 term"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 (50-61), 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;
the live-in aide has no further right to occupy the premises when his or her
service to the participant ends.
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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. The
applicant/participant must submit the name of the individual he/she wants to appoint as the live-
in aide, social security number and current and prior address. This must be submitted for
approval prior to moving into the unit. Any subsequent live-in aide will also be required to be
submitted for approval before he or she will be authorized to move into the unit.
Written verification which establishes the need for care 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 CertificateNoucher Issuance
When a family on the waiting list splits into two otherwise eligible families, and the new
families both claim the same placement on the waiting list, only one certificate will be issued.
The HA will make the decision as to which family member receives the certificate taking into
consideration the following factors:
* L 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 familie :o not provide the documentation,they may be denied placement on the waiting list
for failure ) supply information requested by the HA.
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* 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.
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 Custodv 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)]
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.
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A low-income family residing in a HUD-owned multifamily rental housing
project when the project is sold. foreclosed or demolished by HUD. (Certifica
program only.)
To determine if the family is income-eligible. the HA compares the Annual Income of the f.::Aily
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. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS [24 CFR 5.5001
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 elieible 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.
Anneals. 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 f24 CFR 982.552 (b)]
The HA may apply the following criteria, in addition to the HUD eligibility criteria. as grc:; ids
for denial of admission to the program.
* 1. Certificate Program family's Total Tenant Payment, computed ..i 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.
T 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 HousinglEqual Opportunity) or the local Fair Housing
Organization.
G. CHANGES IN ELIGIBILITY PRIOR TO EFFECTTIVE 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 the 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 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 DENIAUTERMINATION [24 CFR 982.552, 982.5531
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 Denial/Termination
Denial of assistance for an applicant may include any or all of the following:
1. 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:
I. If any member of the family fails to sign and submit HUD or HA required c. ..sent
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:
1. 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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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.
9. Does not comply with"One Strike" provisions of the Extension Act of 1996
which provide a 3-year restriction on eligibility for housing assistance as follows:
"Any tenant evicted from housing assistance under this title by reason of drug-
related criminal activity (as that term is defined in Section 8 (f) 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
loner exist.) (42 U.S. C. 1437d)."
10. Does not comply the Extension Act of 1996 in that Section 8 assistance can also
be denied or terminated if it is determined by the housing authority that a family
member's use of a controlled substance, or whose abuse of alcohol may interfere
with the health, safety, or right to peaceful enjoyment of the premises by other
residents of the project 42 U.S. C. 1437n subsection(e).
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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 necess 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 documentatic
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 and 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.
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.
17. 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 any other corrupt or
criminal act in connection 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 ITUD
requirements) federal, State or local housing assistance program.
Housine 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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Enforeine Family Oblieations
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.
HOS 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 RA 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-makine 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 Activitv982 553 982 41: 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 activitv 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:
Involved in, arrested or convicted or evicted from a unit due to drug-related
criminal activity within one year before the date that the housing authority
provides notice to the family to deny assistance or violent criminal activity whose
activities have created a disturbance in the building or neighborhood. Those
evicted from public housing will not be eligible for any new housing assistance
for a three year period beginning on the date of the eviction (see p. 15-3).
Participants may be terminated who have been:
Involved in, arrested or convicted or evicted from a unit due to drug-related
criminal activity within one year before the date that the housing authority
provides notice to the family to terminate assistance, or violent criminal activity
whose activities have created a disturbance in the building or neighborhood.
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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
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 greater weight 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 1IA.
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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 i ,ude
any details regarding the reason for termination of assistance.
C. PROCEDURES FOR NON-CITIZENS [24 CFR 5.514, 5.5181
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 Temnorary 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. Additiom
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 al
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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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 -r
the HA to fulfill its responsibilities. The HA schedules appointments and sets deadlines in er
to obtain the required information. The Obligations also require that the family allow the F 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. Recertification
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 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.
Cateeories 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 to the 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.
* Complaints from families will be referred to the Housing Manager for each area site.
IP96 Admini'lm
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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 ice.
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 may 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 other residents
of the project. 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), 982.5541
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
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 or suspend a Certificate or Voucher.
5. Disapproval of lease.
6. Determination that unit is not in compliance with HQS.
7. Determination that unit is not in accordance with HQS due to family size or
composition.
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Procedure for Review
A request for an Informal Review must be received by the Central Waiting hist Office in -iting
by the close of the business day, no later than 14 days from the date of the HA's notificatic :; 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 parry 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 parry, 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
hisiher 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.
• 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.
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• 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 the Director of Housing Operations.
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 copies for the family. A charge of 10 cents per copy will be assessed for large
volumes. 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)j
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 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:
i. 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 denial or termination of assistance are set forth in the federal
regulations at 24 CFR 982.552 (b). Additional grounds for termination for drug related or
violent criminal activity are set forth at 24 CFR 982.553. In addition,the Housing Oppom:nay
Program Extension Act of 1996 (Public Law 104-120, March 28, 1996) amended the U.S. .)de
to require Housing Authorities to establish standards for occupancy in public housing dweiting
units and assistance under Section 8 to require Housing 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 to this chapter.
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 HearinE
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 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.
4. The right to view any documents or evidence in the possession of the HA upon
which the HA based the proposed action and, at the family's expense, to obtain a
copy of such documents prior to the hearing.
5. The right of the HA to view documents or evidence by the family which will be
introduced at the hearing at least 24 hours prior to the hearing.
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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 Housing
Authority (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 professionals such as mediators, 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 representative at their own
expense.
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If the family requests copies of documents relevant to the hearing,the HA will make the copies
for the family. The HA will assess a charge of 10 cents per copy for large volumes. In no c ::;e
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
pay;
Examine and copy any documents to be used by the family prior to the hearing;
Have its attorney present; and
Have staff persons and other witnesses familiar with the case present.
Discoverv/Admissibility
In general, all evidence is admissible at an informal hearing. There is an exception to this
general rule 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 available 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
from a unit etc.)
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.
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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.
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 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; and
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.
All requests for a hearing, supporting documentation, and a copy of the final decision will be
retained in the family's file.
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E. HEARING AND APPEAL PROVISIONS FOR"RESTRICTIONS ON
ASSISTANCE TO NON-CITIZENS" [24 CFR 812.91
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
1196 AdminPlm
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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 APPLICANTSIPARTICIPANTS 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
Mar. 26, 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-
1S. 14941 --•"ure, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 14371 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 :996 at current rent levels.
12 USC 4101 (b) Low-INCOME HOUSING PRESERVATION.—
note. (1) USE OF AMOUNTS.—Notwithstanding 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 this subsection, any reference in such undesignated
paragraph to March 1, 1996, shall be construed to refer to
April 15, 1996, any reference in such paragraph to July 1,
1996, shall be construed co 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
PUBLIC LAW 10*I--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
CITIES IN SCHOOLS COMMUNITY 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 becomins 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
arrying 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. 23.APPLICABILITY AND E IPLEMENTATION. 42 USC 1437d
(a) APPLICABILITY.—This Act and the amendments made by note.
this Act shall be construed to have become effective on October
1, 1995.
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 fust 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).
I 146 AdminPian
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GL-1
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 1483
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
PITA 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
1/96 AdminPim
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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
1746 Adminf la
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GL-3
B. GLOSSARY OF TERMS IN SUBSIDIZED HOUSING
ABSORPTION. In portability,the point at which a receiving HA stops billing the initial ::A for
assistance on behalf of a portability family. The receiving HA uses funds available under :e
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 as the 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.)
1/96 AdminPlm
Revised 6197
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 fiuther 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.
1196 AdminPVen
Revised 6/97
GL-5
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, or a 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.
1/96 AdminPlm
Revised 6/97
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 loner 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.
1196 AdminPlen
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GL-7
FAMILY SELF-SUFFICIENCY PROGRAM (FSS PROGRAM). The program estab :ed
by an HA to promote self-sufficiency of assisted families, including the provision of supp •ve
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.
1/96 AdminPlm
Revised 6197
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 HA. 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 PLATY. (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 Pian 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). 'Che HUD minimum quality standards for
housing assisted under the tenant-based programs.
1196 AdminPinn
Revised 6/97
GL-9
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$5,004.
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 (IHA). 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.
1/96 AdminPlw
Reviled 6197
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, a near elderly (50-61), 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.
1/96 AdminPlm
Revised 6/97
GL-I I
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 accoun . -eal
property, stocks, bonds, and other forms of capital investment. The value of necessary it,-,:^s 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 fust 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
recertifications.
REMAINING MEMBER OF TENANT FAMILY. Person left in assisted housing after other
family members have left and become unassisted.
1/96 AdminPlen
Revised 6/97
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;
1196 AdmmPian
Revised 6197
GL-13
(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 vacancv occurred)
if s/he notifies the PHA as soon as s/he teams of the vacancy, makes an effort to advertise the
unit, and does not reject any eligible applicant except for good cause.
1/96 AdminPl-
Reviwd 6197
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 is not 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.
1196 AdminPlan
Revised 6/97
GL-15
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 v-ars 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.
1/96 AdminPl-
P,mwd 6/97
SUPPLEMENTAL MATERIAL
ADVISEMENT FORM
AGENDA DATE: q 7 ITEM NO.: c 11q
.1 �Z
❑ ADDITIONAL MATERIALS AVAILABLE IN THE MINUTES
❑ ITEM CONTINUED TO:
❑ ITEM DELETED
❑ PUBLIC COMMENT - NONE
❑ CONSIDERED CONSENT ITEMS PREVIOUSLY REMOVED -
SEE SUMMARY FOR CHANGES; OTHERWISE APPROVED AS
LISTED ON THE AGENDA
se� T -gym (? . 9 b
THIS SEMON FOR PLANNNG ITEMS ONLY
❑ ADDITIONAL MATERIAL AVAILABLE IN FILE (NAME):
C .1Z0
Contra
Costa
TO: REDEVELOPMENT AGENCY
J County
FROM: Phil Batchelor
Executive Director
DATE: July 8, 1997
SUBJECT: Loan Modification Agreement - Glendale Federal Bank
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Deputy Director- Redevelopment to execute a Loan Modification Agreement
with Glendale Federal Bank for property acquisition in the Pleasant Hill BART Station
Redevelopment Area.
FISCAL IMPACT
No General Funds are involved. The Agency is budgeting funds to debt service this loan.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1992 the Redevelopment Agency completed the assembly of the last remaining
development site at Pleasant Hill BART-Area 4 (South). This 3.5 acre development site was
owned by five (5) private individuals (one parcel each) and by Glendale Federal Bank (four
parcels). Glendale Federal agreed to sell their holdings under terms that included a 20%
downpayment and the remainder carried on a five year, interest only loan. The five year term
of the loan is expiring. Pursuant to the 1992 Loan Agreement, the term of the interest only
loan can be extended for an additional five year period, as is recommended.
CONTINUED ON ATTACHMENT: XX YES SIGNATURE: is
_RECOMMENDATION OF EXECUTIVE DIRECTOR _ OMMENDA ION OF AGE Y
COMMITTEE —APPROVE _ OTHER
SIGNATURE(S):
ACTION OF AGENCY ON APPROVED AS RECOMMENDED OTHER_
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
J UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
Contact: Jim Kennedy
335-1255 ATTESTED Imo,-- 8. 1191
cc: County Administrator PHIL BATCHEL R
County Counsel AGENCY SECRETARY
Community Development
Redevelopment
via Redevelopment BY EPUTY
Glendale Federal Bank
BRIDGE Housing
The Martin Group
Holliday Development
JK:lh
sraMglendalebos
els o
The Agency currently has a Disposition and Development Agreement (DDA) with BRIDGE
Housing, The Martin Group, and Holliday Development. The DDA provides for
development of a 140 unit development - 86 affordable rental units and 54 for sale
townhouses. While the project has been delayed because of the inability to secure low
income housing tax credits for the affordable housing component, the developers are
continuing to pursue the required financing. The County - through Community
Development Block Grant funds and HOME funds - has made a sizable commitment of
construction funds. The DDA has been extended to permit realization of the plan of
finance, or alternatives to the preferred plan of finance.
Contra
TO: REDEVELOPMENT AGENCY Costa
FROM: Phil Batchelor ^ County
Executive Director
DATE: July 8, 1997
SUBJECT: Contract for Legal Consulting Services - FY 1997-98
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Executive Director or his designee to
execute a contract between the Redevelopment Agency and Goldfarb &
Lipman for legal consulting services to the Contra Costa County
Redevelopment Agency for Fiscal Year 1997-98 .
FISCAL IMPACT
Contract is to be billed on a time and materials basis not to exceed
$60, 000 for Fiscal Year 1997-98 . The Agency has budgeted sufficient
funds to cover such costs .
BACKGROUND/REASONS FOR RECOMMENDATIONS
Staff recommends that Goldfarb & Lipman be retained as Redevelopment
Agency Legal Counsel . The firm has provided very satisfactory
service. Need for continuing services includes : (a) Administration
and implementation of existing redevelopment plans for Pleasant Hill
BART, Bay Point, North Richmond, Oakley, and Rodeo Project Areas; and
(b) other matters as may be requested by the Agency, includi
Mg general
administration and Agency operations .
CONTINUED ON ATTACHMENT: YES SIGNATURE :
_RECOMMENDATION OF EXECUTIVE DIRECTOR _ RE NDATION �AiGtENCY CO TTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF AGENCY ON APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
Contact: Jim Kennedy � , �� 1 9 9 Z
335-1255 ATTESTED
cc: Community Development PHIL BA HEW R,
County Administrator AGENCY SECRETARY
Auditor-Controller
County Counsel
Redevelopment Agency BY DEPUTY
via Redevelopment Agency
Goldfarb & Lipman
JK:lh
sr a26/goldfarb.bos.
C.122
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 8, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, and DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
C.122 LETTER, dated June 20, 1997, from Robert C. Olson, 9416 Cherry Hills Lane, San
Ramon, CA 94583, requesting the Board of supervisors to address the issue of the tiered
water rate structure of the East Bay Municipal Utility District (EBMUD) and its impact
on Contra Costa county residents.
*****REFERRED TO THE WATER COMMITTEE
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED /997
PhilB elor,CI of the oard of
Supe sore and County Administrator
By ,Deputy
IT IS BY THE BOARD ORDERED that the above recommendations as noted (*****) are
APPROVED.
c.c. Correspondents (1)
Water Committee
CJZ2
RECEIVED
Robert C. Olson
9416 Cherry Hills Lane JUN 2 41947
San Ramon CA 94583RKBOgR00F
Tg
CONq SUP!;qu
COSTARS
�SORS
June 20, 1997
Contra Costa County
Board of Supervisors
Administration Building
651 Pine Street
Martinez, CA 94553
Gentlemen:
I read recently that East Bay Municipal Utilities District(EBMUD) plans to raise the cost
of water and to retain the tiered structure that so penalizes residents of our county.
Failure of the EBMUD over the last thirty plus years to build sufficient additional storage
capacity to meet the growing needs of our population is not an excuse to gouge the
residents of Contra Costa County. Indeed, their actions approach extortion and leave
residents of our county faced with unacceptable options of either spending considerable
amounts of money to relandscape their homes, allow their landscaping to fall into
disrepair or pay exorbitant rates to maintain their landscaping.
We, as residents of Contra Costa County, need to have you address this issue and to do it
now. Whether it takes filing suit against EBMUD, breaking our county off into a
separate water district or some other action, we simply can no longer tolerate continual
increases in the cost of such a precious commodity as water.
This is not an issue of conservation. The logic of insisting that higher water rates and
tiered water rates are an effective way to promote conservation when we continue to add
new developments at a rapid pace escapes me.
Please address this issue right away.
Sincerellyy,r
U -
Ro ert C. Olson
RCO/clt
cccbs620