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HomeMy WebLinkAboutMINUTES - 12172013 - HA D.2RECOMMENDATIONS OPEN the public hearing on the Housing Authority's Annual Plan for fiscal year 2014-2015, RECEIVE testimony, and CLOSE the public hearing. ADOPT Resolution No. 5171 titled the "PHA Certification of Compliance with the PHA Plans and Related Regulations Board Resolutions to Accompany the PHA Plan" approving the Public Housing Agency (PHA) Annual Plan for fiscal year 2014/15 including revisions to the Admissions and Continued Occupancy Plan and the Section 8 Administrative Plan. Action of Board On: 12/17/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:Candace Andersen, District II Commissioner Mary N. Piepho, District III Commissioner Karen Mitchoff, District IV Commissioner Federal D. Glover, District V Commissioner ABSENT:John Gioia, District I Commissioner Contact: 925-957-8028 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: December 17, 2013 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: D.2 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 17, 2013 Contra Costa County Subject:2014-2015 PHA Annual Plan Submission BACKGROUND Any local, regional or state agency that receives funds to operate federal public housing or housing choice voucher (Section 8) program must submit a Public Housing Agency (PHA) Plan. The PHA Plan is a template that outlines public housing agency policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan: the Five-Year Plan, which each PHA submits to HUD once every fifth PHA fiscal year, and the Annual Plan, which is submitted to HUD every year. The Five-Year Plan describes the agency’s mission and the long-term goals for achieving that mission over the subsequent five years. The Annual Plan provides details about the PHA’s current programs and the resident population served, as well as the PHA’s strategy for addressing the housing needs of currently assisted families and the larger community. The Annual Plan also serves as the PHA’s yearly request for grants to support improvements to public housing buildings (through the Capital Fund Program). As required by HUD, HACCC staff provided public notice of this hearing in the Contra Costa Times on September 28 and September 30, 2013. Staff met with the agency’s Resident Advisory Board (RAB) on November 19 and December 12, 2013 to discuss the proposed Plan. The following sections discuss the major changes proposed by staff to the Annual Plan and its elements approved by the Board last year and to HACCC’s policies. Public Housing Chapter 9 of the current ACOP gives residents ten, fifteen or thirty days to report various household changes that would affect their rent calculations. Reporting requirements in this chapter primarily focus on additions and subtractions of household members and increases or decreases in household income. Staff proposes changing the timelines in Chapter 9 to require that residents make all required reporting within fifteen calendar days. Lease Staff is proposing a number of modifications to the public housing lease. The modifications reflect the fifteen-day reporting requirement proposed above, changes in HUD regulations, Board-approved changes in HACCC policy and federal, state and local laws that have been enacted since HACCC last modified its lease. In addition to grammatical and formatting changes, the new lease includes the following proposed modifications: The term of the lease will automatically renew for twelve months at lease expiration. This is required by HUD regulations. Residents shall not allow anyone to stay at their home for more than fourteen consecutive calendar days or a total of thirty days during any twelve-month period. Longer stays may be granted by HACCC with prior written permission. The tenant must notify HACCC when a guest(s)/visitor(s) will be staying for more than five consecutive days. Children who are subject to a joint custody arrangement, or for whom a family has visitation privileges, and who are not included in the lease as a Household Member because they live outside of the public housing unit more than fifty percent of the time, are not subject to the time limitations of guests listed above. Former tenants whom HACCC has evicted are not permitted as overnight guests. Guests who represent the public housing unit as their own residence address for receipt of benefits or other purposes will be considered by HACCC to be unauthorized occupants. The tenant shall notify HACCC within twenty-four hours if any guest is a registered sex offender, or has been convicted of the manufacture or production of methamphetamines. Failure to comply with this provision shall constitute a material violation of the Lease and grounds for eviction. The tenant agrees to obtain HACCC approval before allowing additional persons to move into the Residence. Failure to comply with this provision of the Lease is a serious and material violation of the Lease and grounds for termination of the Lease and eviction. A live-in aide is defined as a person who resides with one or more elderly persons, or near elderly-persons, or persons with disabilities, and who: Is determined to be essential to the care and well-being of the persons;1. Is not obligated for the support of the persons; and2. Would not be living in the unit except to provide the necessary supportive services.3. This change reflects HUD regulations. The late charge will increase to $25 from $10. In cases of returned checks, HACCC will charge the tenant for damages pursuant to California Civil Code Section 1719. The existing lease states that residents are liable for all bank charges incurred by HACCC and any reasonable charges HACCC may impose for returned checks. Tenants will have the option to pay the security deposit in full at move-in or to make up to three monthly payments from the date of move-in. The existing lease says that payments are an option, but is not specific as to term and does not provide physical space on the lease to notate agreement to a term. Tenants must report changes in household income or composition to HACCC within fifteen calendar days. The existing lease only gives tenants ten days to report. As provided by the Violence Against Women Act and related federal regulations, HACCC may consider lease bifurcation (the removal of one or more members of the household, while leaving the remaining members on the program) in circumstances involving domestic violence, dating violence, or stalking. The existing lease does not address this issue. Tenants must maintain the residence in a manner that prevents the growth of mold and/or mildew, including properly ventilating rooms, cleaning, and promptly reporting growth of mold and/or mildew to HACCC. Tenants must also cooperate fully with HACCC in the abatement of mold and/or mildew, including moving furniture away from walls, emptying closets, removing items from cupboards, and other actions necessary to make the affected areas accessible for abatement. The existing lease does not address this issue. Tenants must immediately report any smoke/carbon monoxide detector malfunctions to HACCC. Tenants must not damage, remove, tamper with or otherwise interfere with the normal operation of smoke/carbon monoxide detectors, sprinklers, or other safety devices within the Residence or Development. Tenants must not remove live batteries and must report worn out batteries to HACCC. If a Tenant tampers with smoke/carbon monoxide detectors, sprinklers or other safety devices in the unit, they will be charged a minimum of $50.00. The existing lease does not address this issue. Tenants must not violate any law regarding smoking while on the premises; must not smoke in any non-smoking dwelling unit; and must not smoke in any multi-unit residence common area where smoking is prohibited. This language is proposed in order to comply with County/City ordinances. The existing lease does not address this issue. Tenants must not block or obstruct any window in the dwelling unit that may be required for emergency egress. This provision is being proposed because HACCC continues to lose points on HUD’s physical inspections of public housing units. This is considered a significant violation. The existing lease does not address this issue. Tenants must comply with HUD’s community service requirements as described in HACCC’s existing community service policy. HUD regulations require placement of this requirement in the lease. The existing lease does not address this issue. Capital Fund The Capital Fund program provides PHAs with annual funding from HUD for public housing development, financing and modernization as well as for management improvements and security costs. Capital fund dollars cannot be used for luxury improvements, direct social services, costs funded by other HUD programs or any other ineligible activities as determined by HUD on a case-by-case basis. PHAs must report annually on how they plan to use outstanding capital funds as part of the PHA Plan process. The proposed PHA Plan shows ongoing and planned capital fund activity. The following projects have been budgeted in the proposed PHA Plan: $818,000 for additional Sheriff and police Coverage at El Pueblo in Pittsburg, Las Deltas in North Richmond and Bayo Vista in Rodeo $370,000 for site improvements, paving, exterior modernization, exterior lighting and new locksets for exterior doors at El Pueblo in Pittsburg $276,000 for electrical repairs at Alhambra Terrace in Martinez, Los Nogales in Brentwood and Bridgemont in Antioch $172,000 for resident services at Las Deltas in North Richmond $142,000 for site improvements and exterior modernization at Bayo Vista in Rodeo $140,000 for playground repair and roof replacement at Vista Del Camino in San Pablo $125,000 for waste pipe repairs and repainting exterior metal trim at Hacienda in Martinez $122,000 for site improvements and exterior modernization at Las Deltas in North Richmond $100,000 for exterior lighting repairs and metal roof replacement at Casa De Serena in Bay Point $70,000 to enable on-site management offices at various properties $40,000 for general site improvements at various properties $40,000 for accessibility improvements at various properties Housing Choice Voucher Staff propose that a wait list preference be provided to all applicants who live or work in Contra Costa County. Currently, a Board-approved waiting list preference is provided to applicants who live or work in HACCC’s jurisdiction. For the housing choice voucher program, this encompasses all of Contra Costa County with the exception of Pittsburg and Richmond. This selection preference causes confusion among applicants, which in turn makes it more difficult for the data processing and computer vendors that conduct wait list openings for HACCC to correctly rank applicants. Incorrect ranking of applicants can cause HACCC to receive lower SEMAP scores and audit assessments than the agency would otherwise be entitled to. HACCC’s vendors and staff spend a considerable amount of time on manual quality control to ensure the wait list data is correct. Significant cost savings could be realized by changing HACCC’s local preference to encompass all of Contra Costa County. A customer service goal would also be realized by making the local preference easier for applicants to understand. HACCC manages a project-based voucher (PBV) program that has grown to nearly 500 units, many of which will first become available for occupancy in the coming year. In order to efficiently serve clients and maintain steady occupancy levels at the properties, HACCC will permit site-based wait lists at all PBV properties. A separate wait list will be established and managed for each PBV property. Until a site-based list is established, HACCC and the PBV property manager will use the centralized voucher wait list to fill empty units. The site-based PBV units will use the same preferences as are used on HACCC’s centralized wait list with the following additions: Eligible “in-place families”, those living in a unit that converts to PBV assistance, will receive 200 ranking points. Eligible families from the centralized voucher wait list will receive 150 ranking points. These families will not lose their place on the centralized voucher list. In addition to HACCC’s local preference for applicants who live or work in Contra Costa, an additional local preference of 32 points will be assigned to applicants who live or work in the city where the PBV property is located. A complete copy of the proposed PHA Plan and attachments as well as the Administrative Plan and ACOP are available for review at HACCC’s main office. FISCAL IMPACT No direct financial impact. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to approve the PHA Plan, HACCC will be out of compliance with HUD requirements and may not receive any funding via HUD’s Capital Fund program until the PHA Plan has been submitted to, and approved by, HUD. HUD may also impose additional sanctions beyond the withholding of Capital Fund moneys. CLERK'S ADDENDUM CLOSED the public hearing; and ADOPTED Resolution No. 5171 titled the "PHA Certification of Compliance with the PHA Plans and Related Regulations Board Resolutions to Accompany the PHA Plan" approving the Public Housing Agency (PHA) Annual Plan for fiscal year 2014/15 including revisions to the Admissions and Continued Occupancy Plan and the Section 8 Administrative Plan. ATTACHMENTS Resolution No. 5171 Annual Plan Attachments