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HomeMy WebLinkAboutMINUTES - 08082006 - HA1 i HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 1AA 1 TO: BOARD OF COMMISSIONERS FROM: Rudy Tamayo, Executive Director DATE: August 8, 2006 SUBJECT: MANDATORY SECTION 8 ADMINISTRATIVE PLAN REVISIONS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE revisions to the Housing Authority of the County of Contra Costa's Section 8 Administrative Plan, Chapter 1 concerning Owner Outreach and Chapter 10 regarding Housing Quality Standards, as recommended by the US. Department of Housing and Urban Development (HUD). II. FINANCIAL IMPACT: No direct financial impact. III. REASONS FOR RECOMMENDATION/BACKGROUND HUD mandated several technical changes to the Housing Authority of Contra Costa County's Section 8 Administrative Plan as a result of program audits in 2004 and 2005. The addition of an Owner Outreach policy as part of Chapter One,and clarifying language regarding violations of Housing Quality Standards in Chapter Ten comprise the bulk of the changes. In Chapter One, an Owner Outreach policy outlines the steps the housing authority will take to recruit new landlords to participate in the Section 8 program. This amounted to codifying many of the efforts already undertaken but it is important that the specific measures be documented. This was a new section that was added to the Administrative Plan. In Chapter Ten, the wording in our Administrative Plan was revised to more closely mirror HUD regulations concerning the time allowed for correction of specific Housing Quality Standard violations. Generally, the violations fall into two categories: Emergencies and Non-Emergencies. Emergency violations must generally be corrected within 24 hours. Non-emergencies can be corrected any time within 30 days. Emergencies include items such as toilets not working and locks on exterior doors not effective. Non-emergencies would be things like worn carpeting, small holes in walls, and cracked windows that do not threaten integrity. The pages with changes are attached and highlighted. CONTINUED ON ATTACHMENT: X YES SIGNATU Ru ayo, cecutive Director RECOMMENDATION OF EXECUTIVEI DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): I ACTION OF BOARD ON OJ14UAt t9, OP�6( APPROVED AS RECOMMENDED V 017f4ER i 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 BOARD OF COMMISSIONERS ONTHE DATE /_SHOWN. ATTESTED (//��,(,I,(, B , A06 R&N CULLEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY DEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Section 8 Admin Plan Revisions.doc \ 1 y IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to approve these revisions, the Housing Authority would be subject to sanctions and possible loss of funding. The Housing Authority receives about $6,000,000 annually in administrative fees from HUD. i n'q to, i2 y=. tr. �L. s d3i 2 _ kyr'' M s8admin .w M.; I�;����Dwnera�Ovtreach�[24 CFR982.54(D)(5)J xq+'aiv R a ✓ «;;z"s?�^� s' 7 TheaHousina AuthorrtuFencouraaes`towners'of�decent safe and=sanitary r x r< .i' 'T +` �,,, "ua ex au =€ housing?un►ts to /ease to HQus►na Cho►ce 1/oucher�(HCIWII'W MI A'- !The ' x s o�" � . a � 'is � al A. Hous►naAuthot�tuconducts ar�er,►odre�rneetinas with oarticrr�at►na owners=to iinoroueowner relations and�to;recru�t new riiinersThe Housma Authority t M;xa , x S, a maintains°alist ofrnterestedlandlords,and;a„hst of urts'aa►lable for the HCI% nMr©rararn .and updates th►sblist at least rnonthlu�A01Wfienlrstrnas,from ownerskare rete►.ved;rtheyaret.compile”d�by�Hous►ng�Authoratystaff,�according �toF�bedroom s►ze� TfieHousrno�4uthorrty wrll�inaintamhsts�ofa�arlafilehousrra submrttedb % '. -x s•.`w e R Ka oa, r 'tF}9 r a'+, >3 i n y, c a" owners,�n all,ne►ahborhoods wrthrnthe Housma Author�tvssrurisdretronto ensure greater mob►llty°and�houslnorcho►ce to Jow rncomehouseholds �tiThe rusts of ownerslunrts�wrfl�be`provided.atythe�frontodesk,..pra;v►ded�'at'�bnefings or�marled�upon°request: ^=+"£ � a �f S r 1 Tlie staff of theHous►noA`uthorrtumrtiatesoersonalrcontact with prluate _' < 4.. baa". < 2a r✓a. x t +& ,'k r3";`".r :" R tr u, Ta orooertru=owners andmanagers tiykconduct►ngforrria "T bf 4n 6 d►scussions and:meetrngs: Pr►ntedr materia! ►saoffered to acouaint o:wnersand managersdwith. the opportunrtresavar/able=under the program �The�Hou'sina�A�utborrtvrhas accrue�oa►t►c►oat►on in=a comrnunrty based p�� ' �'� a B.r� a `""s �r.. � d a'R a° `d a �S '+sr s S` 3+,e > .g,'<�"' '✓ay 1.o-„°f`^ riE.t 'e2 oraamzation(s),icon►pn5edof.pr,►_uateaproperty.and apartmenta:wners-and managers:: °`" wx +.^^c x.. . a'hy SF.;-p,c ..ras" Yea-v.* is^,e .wa cg"y The HausrnaAuthorrty'encouraaesrRvroaram part►croationbu owners of units zxs 59 1. fl,T> fa six s"• �` rd t=ar i' y§Al.a•'ri,, ,,. a ;E^,. rt. s x located outside areas,of oovter-y or, rnrnority concentration The�Housrnq "uthontv';tieno'd►chll eualuaces the demaaratih►c dil tribut►on°ofsass►sted fijin res to Rid6hdfv areas within the°rurisdretronF where owner outreach should xa x +•a a^a£ a"tm a•�`s.3 r be ftaraeted, ,r ;he oucoose of;these actiwties is to nro�ide snore choice`and better housrnayoor�ortunrtre`s toxfam►hes =�� I/oucher holders arearnforrnedofua a3 p/er � i jirbs, � $t<hef xTHo'` usmaboad mu �rnsrde Authontv`s iurisdret►on and given aAlrst of land%rds,ar othe-r'oarties who are ttiil%►»o tq�'le=ase units ��or,�he%n�farrr /►es�wh��oz=desired to�lrve"3outs►de areas of poverty or rnrnorrty concentation�' ThePHousrna Author►tvworksaw►th a tnonorofit aaencu thrauah the regional counsellna oroaoram ;wha contacts others in the area'a rdent►fieskfarnr!le5:.rn: r thenroaram, :and counselsfam►l►eson the►r prosflecrive move>and"tithe ." services�a:var/able rn�-the�areas.rn�wh►ch�then famrlyMrs.�rnterested:. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 1- 14 Revised August 6, 2006 I �:'yif The.Hous�ng Authorityw�11=�Iper�odicall_y..: •��D,e�eloo xworking�relat�onships�:wrth.aowners.anclgreal.:estate.:broker associat ons: Estab%ishcontact wrtf�c scharifa(ife or neighborhood o aanizations a^y.s � a w t§w *�'s r>".Es: r "^ �v t *'� i . r'S'`aY r:¢ � ¢ � •� wh�chhaueaan interest rn�housrnatfor low,income families ann�pubfic agencies concerned ith.obtarnfng."housing.for displacements: �'�'S ^3�. "l ? r'x'ass'� dm a , ,xmt: y" • Ezolain the oroararn RRmclud�na equal or�bortu iJt� redIA6h7ents arJd D"'Q'- rion,discrrm+natron reau�rementsanclud�no�th� PairHousina Amendments Act of 1998 randAmer�cans With `CDisabihtiesvAct toy real #r aE"- r f'x ,'' h� x,- ea�rt s dp waw � g a es ta ie,aaents Glandlo ds 'ah dyother= arouos`that haUe.de ifinas With come farnifles; or.who area=interested,Jh`.housr»g uctiefar ii%es{ (added) Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 1- 15 Revised August 6, 2006 • it PRIVACY RIGHTS% CONFIDENTIALITY POLICY [24 CFR 982.551] Applicants and participants, including all adults in their households, are required to sign the HUD 9886 Authorization for Release of Information. This document incorporates the Federal Privacy Act Statement and describes the conditions under which HUD 'will release family information. HUD is required to protect the income information it obtains in accordance with the Privacy Act of 1974, U.S.C. 552a. HUD may disclose information (other than tax return information) for certain routine uses, such as to other government agencies for law enforcement purposes, to Federal agencies for employment suitability purposes and to HAs for the purpose of determining housing assistance. The HA is also required to protect the income information it obtains in accordance with any applicable State privacy law. HUD and HA employees may be subject to penalties for unauthorized disclosures or improper uses of the income information that is obtained based on the consent form! Private owners may not request or receive information authorized by this form. The HA's policy regarding release of information is in accordance with State and local laws which may restrict the release of family information. Any and all information which would lead one to determine the nature and/or severity of a person's disability must be placed in a separate folder, marked "Confidential" and kept in the file. The personal information in this folder must not be released except on an "as needed" basis in cases where an accommodation is under consideration: All requests for access and granting of accommodations based on this information must be approved by the Director of Housing Assistance Programs. In accordance with HUD requirements, the HA will furnish prospective owners with the family's current address as shown in the HA's records and, if known to the HA, the name)and address of the landlord at the family's current and prior address. I he HA will furnish prospective owners with information about the family's rental history or any history of drug trafficking. A statement of the HA's policy on release of information to prospective landlords will be included in the briefing packet which is provided to the family and provided to owners upon receipt of a request for lease approval. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 1- 16 Revised August 6, 2006 I The HA's practices and procedures are designed to safeguard the privacy of applicants and program participants. All applicant and participant files will be stored in a secure location only accessible by authorized staff. Files being transported will be moved in closed envelopes or otherwise handled appropriately. Files will never be left unattended or placed in common areas. HA staff will not discuss family information contained in files unless there is a business reaso0o do so. Inappropriate discussion of family information or improper disclosure of family information by staff may result in disciplinary action. K EQUAL EMPLOYMENT OPPORTUNITY The HA practices affirmative action in hiring, promotion and conditions of employment. Position vacancies are filled through recruitment among ethnic groups so that the composition and culture of the staff reflect the composition and culture oflthe community, to the extent possible. All HA job postings will display the affirmative action/equal employment opportunity logo and slogan prominently. RULES AND REGULATIONS This Administrative Plan is set forth to define the HA's local policies for operation of the housing programs in the context of Federal laws and Regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, the HACCC Section 8 Manual, HUD Memos, Notices and guidelines, or other applicable law. In addition, guidelines are provided through HACCC policy and procedure memoranda. "KI. JURISDICTION The jurisdiction of the HA includes the County of Contra Costa, excluding the cities of Richmond and Pittsburg. The Deputy Executive Director for Housing Operations will oversee the work of the Housing Managers tol insure consistency with outreach goals and compliance with the Equal Opportunity Housing Plan for low income and very low-income applicants. Housing market surveys will be done to prepare documentation for any requests for adjustments for fair market rents that might be necessary. As problems and discrepancies arise, Housing Management staff will be instructed to try to resolve them. In addition, an Auditor or Senior Manager will periodically review program operations and perform on-site field audits 1according to the HACCC's Internal Audit Policy. All records and reports will be kept and prepared in accordance with the HUD Regulations and Guidelines and the agency's policies and procedures. Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 1- 17 Revised August 6, 2006 TERMINOLOGY The Housing Authority of the County of Contra Costa is referred to as "HA" or "Housing Authority" or 'HACCC" throughout this document. "Family" is used interchangeably with "Applicant" or "Participant" and can refer to a single person family. "Tenant" is used to refer to participants in terms of their relation to landlords. "Landlord" and "Owner" are used interchangeably. "Disability" is used where "handicap" was formerly used. "New Rule" refers to the HUD Occupancy Regulations effective 10/2/95 which were implemented in the County of Contra Costa January 1, 1996. "Old Rule" refers to the Regulations that preceded that date. "Noncitizens Rule" refers to the regulation effective June 19, 1995 restricting assistance to U.S. citizens and eligible immigrants. The Section 8 Housing Choice Voucher Program is also known as the Housing Choice Voucher program. "HQS" means the Housing Quality Standards required by regulations as enhanced by the HA. "Failure to Provide" refers to all requirements in the first Family Obligation. See Chapter 15, "Denial or Termination of Assistance" See Glossary for other terminology. "Continuously Assisted" means 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. See Glossary for additional defi itions. C� Housing Authority of the County of Contra Costa 4/2004-05 Admin Plan 1- 18 Revised August 6, 2006 Major`repairsmust�be"made�withr»s�10�days; un%ss` ,a a �" r E +a�cm- eztens�on >tsngrantd for tthe followmgreasons 1. If the repair is due to a missing part that is on order. A receipt I ay be requested to verify the order 2. If there is a verifiable medical reason preventing either the tenant o i owner from complying with the repair time line 3. If the repair is delayed due to inclement weather conditions 4. Other extenuating circumstances which are documented and verifiable Time extensions allowed for a repair may only be granted using the above criteria for repairs that do not seriously endanger the health or safety of the family. Rent Adjustments If the owner/agent has requested a rental increase, the increase will not be approved until the unit has 1passed HQS inspection. D. SPECIAL/COMPLAINT INSPECTIONS [24 CFR 982.405(c)] If at any time the family or owner notifies the HA that the unit does not meet Housing Quality Standards, the HA will conduct an inspection. The HA may also conduct a special inspection based on information from third parties such as neighbors or public officials. The HA will inspect only the items which were reported, but if the Inspector notices additional deficiencies that would cause the unit to fail HQS, the responsible party will be required to make the necessary repairs. If the annual inspection date is within 120 days of a special inspection, and as long as all items are inspected that are included in an annual inspection, the special inspection will be categorized as annual and all annual procedures will be followed. CHousing Authority of the County of Contra Costa o. 4/2004-05 Admin Plan 10-5 Revised August 8,2006 E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b)] Quality Control inspections will be performed by the Lead Specialist on the number of files required by SEMAP. The purpose of Quality Control inspections is to ascertain that each inspector is conducting accurate and complete inspections, and to ensure that there is consistency among inspectors in application of the HQS. 1. The sampling of files will include recently completed inspections (within the prior 3 months), a cross-section of neighborhoods, and a cross-section of inspectors. Modifications Modifications or adaptations to a unit due to a disability must meet all applicable HQS and building codes. Extension for repair items not required by HQS will be granted for modifications/adaptations to the unit if agreed to by the tenant and landlord. HA will allow execution of the HAP contract if unit meets all requirements and the modifications do not affect the livability of the unit. F. EMERGENCY REPAIR ITEMS [24 CFR 982.401(a)] The following items are examples of things considered to be of an emergency nature and must be corrected by the owner or tenant (whoever is responsible) within 24 hours of notice by the Inspector: 1. Emergency or life-threatening items include but are not limited to: 1. Security: Inoperable window locks(s) Broken window(s) Inoperable exterior door lock(s) 2. Severe structural damage: Collapsed walls, floors, ceilings 3. Gas or fume leak 4. Exposed/arcing electrical wirings 5. Severe, exposedl broken glass 6. Fully inoperable sole toilet or bath; backed up plumbing 7. Major infestation of Vermin; rats, mice, roaches 8. Inoperable smoke detector 9. Severe discoloration or stain caused by dampness 10.Severe water/roof leak i CHousing Authority of the County of Contra Costa IO ; 4/2004-05 Admin Plan 10-6 Revised August 8,2006 3 ;1fu"t vH rves rcPb?°""' £bzf 1`I a , No.PG&E:ServtCe 4� it=2 No Watery°Service j3�� A�;No�Garb�age�,5erurce j4 � ����Inop�rablewsto�e,p�ouen, ryor�refrigerator 'r'�� � �Inoperableaheater 16. Inoperable,�smoke,�detector (added] If the unit is uninhabitable due to a fire or other natural or manmade disaster, the contract will be terminated retroactively to the date of the occurrence. If the owner is responsible for emergency repairs, and fails to correct all the deficiencies cited in the original repair letter, the owner will be sent a Confirmation of Contract Termination. In addition, the rent will be abated according to the original repair letter. If emergency repairs are completed before the effective termination date, the termination will be rescinded by the HA, if the tenant chooses to remain in the unit; rent abatements, as appropriate, will apply. If the emergency repair item(s) are not corrected in the time period required by the HA, and it is an HQS ;breach which is a Family Obligation, the HA will terminate the assistance to ,the family. The owner's payment will not be abated for the breach of HQS, however, the HAP contract will be terminated in conjunction with termination of assistance to the family. Smoke Detectors Inoperable smoke detectors.are a serious health threat and will be treated by the HA as an emergency fail item. If the HA determines that the family has purposely disconnected the smoke detector (by removing batteries or other means), the family will be required to repair the smoke detector within 24 hours and the HA will re-inspect the unit the following day. vHousing Authority of the County of Contra Costa ia I 4/2004-05 Admin Plan -- - 10-7 Revised August 8,2006 The HA will issue a written) warning to any family determined to have purposely disconnected the unit's smoke detector. The warning will state that deliberate disconnection of the unit's smoke detector is a health and fire hazard and is considered a� violation of the HQS. ate 4 ��'.sv 1 �t-• e .`AIS+%'c17T 4:L�C�r.:'�''.:.i �r �4 e �'�'P � � ig B!+ bM - 1 G. CONSEQUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY ITEMS) [24 CFR 982.405, 982.453] When it has been determined that a unit on the program fails to meet Housing Quality Standards, and the owner is responsible for completing the necessary repair(s) in the time period specified by the HA, the assistance payment to the owner will be abated. Abatement A Notice of potential abatement and termination will be included in the original repair letter sent to the owner, and the abatement will be effective from the day after the due date for repair completion. The allowed time for repairs to be completed without abatement is generally 30 calendar days, depending on the nature of tie repair(s) needed. The HA will re-inspect abated units within 10 calendar days of the owner's notification that the work has been completed. If the owner makes repairs during the abatement period,� payment will resume on the day the unit was repaired, as verified by HA re-inspection. The family will be notified of the re-inspection date. No-retroactive payments will be made to the owner for the period of time the rent was abated and the unit did not comply with HQS. The notice of CHousing Authority of the County of Contra Costa ; 412004-05 Admin Plan 10-8 Revised August 8,2006 I V �i ,« abatement states that the tenant is not responsible for the HA's portion of rent that is abated. t k , z,- h i� oma': F � F u n 'ey:e 0 f yr, j Y!' ya3 P y, Housing Authority of the County of Contra Costa C. 4/2004-05 Admin Plan 0_9 Revised August 8,2006 ,n T. i�. �.z Q, w. u -„ ax �. _ p OWN- W :£