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Home My WebLink AboutMINUTES - 08052003 - HA.1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: August 5, 2003 SUBJECT: SECTION 8 ADMINISTRATIVE PLAN SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: ADOPT Resolution No. 5044 emending the Section 8 Administrative Plan dated April, 2003. 11. 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, project based assistance, 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 September 24, 2002 to include recent changes in HUD Regulations and other changes in policy. A copy of the Executive Summary of revisions to the Section 8 Administrative Plan is attached for your review. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No. 5044, the Housing Authority would be unable to implement the proposed changes to the Section 8 Program. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON :N�t 5, 2073 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT— Nxie } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF *Advisory lousing fission Seat VACANT* COMMISSIONERS ON THE DATE SHOWN. ATTESTED higust 5, 2073 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY ' EPUTY H:\3udyliayes\MSOFFICE\WINWORD\BOARD\BO-Section 8 Admin Plan Revisions.130C THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5044 RESOLUTION REVISING THE SECTION 8 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 August 5, W03 by the following vote of the Commissioners. AYES: Supervisors Gioia, Uilkema, Greenberg, Glover and DeSaulnier NOES: None ABSENT: None ABSTAIN: None *Advisory Housing Chmnission Seat VACANT* 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 ON THE DATE SHOWN. ATTESTED August 5, 2003 JOHN SWEETEN CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY s8adminR Executive Summary April 2043, Section 8 Administrative Plan The proposed 2003 Administrative Plan is a written document that describes how the Housing Authority will establish local policies to administer the Section 8 program according to HUD requirements. The plan states Housing Authority policies on matters for which the agency has discretion. The Administrative Plan is a supporting document to the Pudic Housing Agency Plan. In summary, the attached modifications revise the Administrative Plan approved by the Board in September 2002 to include recent changes in HUD Regulations and other changes in policy. The 2003 Administrative Plan is pending implementation upon acceptance by the Advisory Housing Commission and approval of the Board of Commissioners. The Department of Housing and Urban Development (HUD) allows public housing authorities (PHAs) broad discretion to adopt local policies for operation of the tenant-based programs. This plan reflects the exercise of those policy choices in a balanced approach consistent with the mission of the agency. Sections required by HUD regulations are indicated by citation to the Code of Federal Regulation. The Section 8 Housing Choice Voucher Administrative Plan is not a comprehensive statement of the Housing Authority's procedures for program administration, but Is intended to provide applicants, participants, owners, and the public with a basic understanding and guidance of the Housing Authority's Section 8 program. The following summarizes the changes to the 2003 Section 8 Administrative Plan proposed by this revision: 1. Two chapters establishing a Project Based Assistance (PBA) Program have been added, Chapter 22- Existing Construction, and Chapter 23- New & Rehab Construction. As a result of the fiscal year 2001 HUD Appropriations Act, new regulations were issued incorporating the Project Based Assistance requirements into the merged voucher program. These new regulations were published in the Federal Register on January 16, 2001 and allow the Housing Authority of the County of Contra Costa (HACCC) enter into a housing assistance payments (HAP) contract to provide project-based assistance only if the HAP contract is consistent with the PHA Plan (42 U.S.C. 1437c-1, implemented at 24 CFR part 903.) HUD defines "consistency with the PHA Plan" as a demonstration by the PHA that circumstances exist that indicate that project basing of the units, rather than tenant-basing of the same subsidy assistance is an appropriate option. Under the new regulations, the HACCC has the option to convert up to 20% of our tenant based voucher allocation to project based assistance. With the HACCC's present portfolio size of 6,687 tenant-based units, 20% would equate to 1,337 units. The HACCC intends to initially issue 150 Project used Vouchers and work incrementally towards the goal of converting 20% of our tenant based voucher allocation to Section 8 project based voucher assistance over the forthcoming years. However, the actual number of units converted to the Section 8 project based voucher assistance will be dependent on regulatory amendments, community needs and future Voucher allocation increments. The project-based Section 8 apartments may receive subsidy for the term of a Housing Assistance Payment (HAP) contract (currently the maximum term is ten years, extensions thereafter may be provided by HACCC) between the owner and HACCC. The HAP contract is subject to annual congressional appropriations. HACCC maintains a list of households that have applied for Section 8 rental assistance. Developers/Owners will be required to select tenants that apply for project-based Section 8 units from HACCC's Section 8 Waiting List. Developers)/Owner(s) may use their usual screening process (subject to Fair Housing laws and regulations) in making final selections of tenants. When a vacancy in a project-based Section 8 unit occurs through turnover, HACCC will pay the full lease rent for a period of up to two months or until the apartment is re-rented, whichever comes first. To receive a vacancy payment, the Developer/Owner must demonstrate that the vacancy is not due to a breach of the lease or a violation of a HAP contract provision(s). In addition, the Developer/Owner must have a strategy in place to facilitate timely rent up of vacant units. Such strategy must include ongoing communication with HACCC's Department of Leased Housing. 2. Chapter 15, page 17-4 Owner Debts to the Housing Authority. This paragraph has been updated to include language that specifies the Housing Authority action in pursuing HAP overpayments from landlords 3. Chapter 8, Page 8-6 Leases Effective Prior to October 2, 1995. This section has been deleted due the conversion of pre-merger certificates and vouchers to the new Housing Choice Voucher. The Housing Authority has no pre-merger certificates under contract. 4. The entire 2003 Administrative Plan has been reviewed and language updated to reflect minor HUD regulatory changes. 5. The glossary has been updated to include new acronyms use in subsidized housing. The Housing Authority is responsible for complying with all subsequent changes in HUD regulations pertaining to these programs. If such changes conflict with this Plan, HUD regulations will have precedence, and the Administrative Plan will be revised accordingly. 2