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HomeMy WebLinkAboutMINUTES - 07182023 - HA Completed Min Pkt    CALENDAR FOR THE BOARD OF COMMISSIONERS BOARD CHAMBERS, COUNTY ADMINISTRATION BUILDING 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 JOHN GIOIA, CHAIR FEDERAL D. GLOVER, VICE CHAIR CANDACE ANDERSEN DIANE BURGIS KEN CARLSON CYNTHIA JORDAN JOANN SEGURA JOSEPH VILLARREAL, EXECUTIVE DIRECTOR, (925) 957-8001 The public may attend the Board meeting in person and remotely via call-in or Zoom.  Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov.  Meetings of the Board are closed-captioned in real time. Persons who wish to address the Board during public comment or with respect to an item on the agenda may comment in person or may call in during the meeting by dialing 888-278-0254 followed by the access code 843298#. A caller should indicate they wish to speak on an agenda item by pushing "#2" on their phone. Persons who wish to address the Board in person should complete the form provided for that purpose.  Access via Zoom is also available using the following link: https://cccounty-us.zoom.us/j/87344719204. Those participating via Zoom should indicate they wish to speak on an agenda item by using the “raise your hand” feature in the Zoom app. To provide contact information, please contact Clerk of the Board at clerkoftheboard@cob.cccounty.us or call 925-655-2000.  A Spanish language interpreter is available to assist Spanish-speaking callers. Public comments generally will be limited to two minutes per speaker. In the interest of facilitating the business of the Board, the total amount of time that a member of the public may use in addressing the Board on all agenda items is 10 minutes. Your patience is appreciated. A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible online at www.contracosta.ca.gov. Special Meeting ANNOTATED AGENDA & MINUTES July 18, 2023            1:00 P.M. Convene and call to order.    Called to order at 2:55 p.m.   CONSIDER CONSENT ITEMS: (Items listed as C.1 through C.2 on the following agenda ) - Items are subject to removal from the Consent Calendar by request from any Commissioner. Items removed from the Consent Calendar will be considered with the Discussion Items.   DISCUSSION ITEMS     D.1   HEARING on adoption of Resolution No. 5252 making significant changes to the Admission and Continued Occupancy Plan for Fiscal Year 2023 relating to over-income families in Public Housing.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Ken Carlson AYE Commissioner Federal D. Glover AYE Commissioner Cynthia Jordan AYE Commissioner Joann Segura AYE     D.2   CONSIDER accepting a report on the award of 41 new vouchers for homeless individuals and their families under the Stability Voucher Program from the U.S. Department of Housing and Urban Development and an update on the Housing Authority’s various homeless housing programs.       Speaker: Caller 1.   Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Ken Carlson AYE Commissioner Federal D. Glover AYE Commissioner Cynthia Jordan AYE Commissioner Joann Segura AYE   D. 3 CONSIDER Consent Items previously removed.    There were no consent items removed for discussion.   D. 4 PUBLIC COMMENT (2 Minutes/Speaker)    Caller 1 requests information for the public on how much homelessness has been resolved in Contra Costa County.   ADJOURN    Adjourned today's meeting at 3:10 p.m.   CONSENT ITEMS:     C.1   RECEIVE the Housing Authority of the County of Contra Costa’s investment report for the quarter ending March 31st, 2023.      Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Ken Carlson AYE Commissioner Federal D. Glover AYE Commissioner Cynthia Jordan AYE Commissioner Joann Segura AYE     C.2   ACCEPT the Fiscal Year End 2022-2023 Unaudited Budget Report for the period ending March 31, 2023.       Speaker: Caller 1.   Commissioner John Gioia AYE Commissioner Candace Andersen AYE Commissioner Diane Burgis ABSENT Commissioner Ken Carlson AYE Commissioner Federal D. Glover AYE Commissioner Cynthia Jordan AYE Commissioner Joann Segura AYE       GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 96 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board before the Board votes on the motion to adopt. Each member of the public will be allowed two minutes to comment on the entire consent agenda. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for public testimony. Each speaker during public testimony will be limited to two minutes.  After public testimony, the hearing is closed and the matter is subject to discussion and action by the Board.  Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us.   Time limits for public speakers may be adjusted at the discretion of the Chair. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000.   Anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda may contact the Office of the County Administrator or Office of the Clerk of the Board, 1025 Escobar Street, Martinez, California. Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be viewed:  www.contracosta.ca.gov  DISCLOSURE OF CAMPAIGN CONTRIBUTIONS    Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the Board member received, since January 1, 2023, more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the County’s decision on the agenda item. Members of the Board of Supervisors who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a Board member since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding. Disclosures must include the amount of the campaign contribution and identify the recipient Board member, and may be made either in writing to the Clerk of the Board of Supervisors before the subject hearing or by verbal disclosure at the time of the hearing.   Chapter 13 LEASE TERMINATION INTRODUCTION Either part y in a lease agreement ma y terminate the lease under certain circumstances. A public housing lease is different from a private dwelling lease in that the family’s rental assistance is tied to their tenancy. When t he family moves from their public housing unit, they lose their rental assistance. Therefore, there are additional safeguards to protect the famil y’s tenancy in public housing. Likewise, there are safeguards to protect HUD’s interest in the public housing program, to assure that qualified families are provided decent, safe, and sanitar y housing which is in good repair. HACCC may terminate the lease because of the family’s failure to compl y with HUD regulations, for serious or repeated violations of the terms of the lease, and for other good cause. HUD regulations specif y some reasons for which a HACCC can terminate a family’s lease, and give HACCC authorit y to determine other reasons. When determining HAC CC Policy on terminations, state and local landlord-tenant laws must be considered, since such laws could vary from one location to another. These variances may be either more or less restrictive than federal law or HUD regulation. This chapter presents the policies that govern both the family’s and HACCC’s termination of the lease. It is presented in four parts: Part I: Termination by Tenant. This part discusses the family’s voluntar y termination of the lease and the requirements HACCC places upon families who wish to terminate their lease. Part II: Termination b y PHA - Mandator y. This part describes the policies that govern how, and under what circumstances, a mandatory lease termination by HACCC occurs. This part also includes nonrenewal of the lease for noncompliance with community service requirements. Part III: Termination by PHA – Other Authorized Reasons. This part describes HACCC’s options for lease termination that are not mandated by HUD regulation but for which HUD authorizes PHAs to terminate. For some of these options HUD requires HACCC to establish policies and lease provisions for termination, but termination is not mandatory. For other options HACCC has full discretion whether to consider the options as just cause to terminate as long as HACCC policies are reasonable, nondiscriminatory, and do not violate state or local landlord-tenant law. This part also discusses the alternatives that HACCC may consider in lieu of termination, and the criteria HACCC will use when deciding what actions to take. Part IV: Notification Requirements. This part presents the federal requirements for disclosure of criminal records to the family prior to termination, the HUD requirements and PHA policies regarding the timing and content of written notices for lease termination and eviction, and notification of the post office when eviction is due to criminal activity. This part also discusses record keeping related to lease termination. PART I: TERMINATION BY TENANT 13-I.A. TENANT CHOOSES TO TERMINATE THE LEASE [24 CFR 966.4(k)(1)(ii) and 24 CFR 966.4(l)(1)] The famil y ma y terminat e the lease at an y time, for an y reason, b y following the notification procedures as outlined in the lease. Such notice must be in writing and delivered to the project office or HACCC central office or sent b y pre-paid first-class mail, properly addressed. HACCC Policy If a famil y desires to move and terminate their tenanc y with HACCC, they must give at least 30 calendar da ys advance written notice to HACCC of their intent to vacate. If the tenant vacates prior to the end of the thirty (30) days, the y will be responsible for rent through the end of the notice period or until the unit is re-rented, whichever occurs first. The notice of lease termination must be signed b y the head of household, spouse, or cohead or other adult member listed on the lease. PART II: TERMINATION BY PHA – MANDATORY 13-II.A. OVERVIEW HUD requires HACCC to terminate the lease in certain circumstances. In other circumstances HUD requires HACCC to establish provisions for lease termination, but it is still a PHA option to determine, on a case-b y-case basis, whether termination is warranted. For those tenant actions or failures to act where HUD requires termination, HACCC has no such option. In those cases, the famil y’s lease must be terminated. This part describes situations in which HUD requires HACCC to terminate the lease. 13-II.B. FAILURE TO PROVIDE CONSENT [24 CFR 960.259(a) and (b)] HACCC must terminate the lease if any famil y member fails to sign and submit any consent form s/he is required to sign for an y reexamination. See Chapter 7 for a complete discussion of consent requirements. 13-II.C. FAILURE TO DOCUMENT CITIZENSHIP [24 CFR 5.514(c) and (d) and 24 CFR 960.259(a)] HACCC must terminate the lease if (1) a famil y fails to submit required documentation within the required timeframe concerning an y famil y member’s citizenship or immigration status; (2) a famil y submits evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship and Immigration Services (USCIS) primar y and secondary verification does not verify eli gible immigration status of the famil y, resulting in no eligible famil y members; or (3) a famil y member, as determined by HACCC, has knowingl y permitted another individual who is not eligible for assistance to reside (on a permanent basis) in the unit. For (3), such termination must be for a period of at least 24 months. This does not apply to ineligible noncitizens already in the household where the family’s assistance has been prorated. See Chapter 7 for a complete discussion of documentation requirements. 13-II.D. FAILURE TO DISCLOSE AND DOCUMENT SOCIAL SECURITY NUMBERS [24 CFR 5.218(c), 24 CFR 960.259(a)(3), Notice PIH 2010-3] HACCC must terminate assistance if a participant family fails to disclose the complete and accurate social securit y numbers of each household member and the documentation necessary to verif y each social security number. However, if the famil y is otherwise eligible for continued program assistance, and HACCC determines that the family’s failure to meet the SSN disclosure and documentation requirements was due to circumstances that could not have been foreseen and were outside of the famil y’s control, HACCC may defer the famil y’s termination and provide the opportunity to comply with the requirement within a period not to exceed 90 calendar da ys from the date HACCC determined the family to be noncompliant. HACCC Policy HACCC will defer the family’s termination and provide the family with the opportunity to comply with the requirement for a period of 90 calendar da ys for circumstances beyond the participant’s control such as dela yed processing of the SSN application by the SSA, natural disaster, fire, death in the family, or other emergenc y, if there is a reasonable likelihood that the participant will be able to disclose an SSN by the deadline. See Chapter 7 for a complete discussion of documentation and certification requirements. 13-II.E. FAILURE TO ACCEPT HACCC’S OFFER OF A LEASE REVISION [24 CFR 966.4(l)(2)(ii)(E)] HACCC must terminate the lease if the family fails to accept HACCC’s offer of a lease revision to an existing lease, provided HACCC has done the following: The revision is on a form adopted by HACCC in accordance with 24 CFR 966.3 pertaining to requirements for notice to tenants and resident organizations and their opportunity to present comments. HACCC has made written notice of the offer of the revision at least 60 calendar days before the lease revision is scheduled to take effect. HACCC has specified in the offer a reasonable time limit within that period for acceptance b y the family. See Chapter 8 for information pertaining to PHA policies for offering lease revisions. 13-II.F. METHAMPHETAMINE CONVICTION [24 CFR 966.4(l)(5)(i)(A)] HACCC must immediately terminate the lease if HACCC determines that any household member has ever been convicted of the manufacture or production of methamphetamine on the premises of federall y assisted housing. See Part 13-III.B. below for the HUD definition of premises. 13-II.G. LIFETIME REGISTERED SEX OFFENDERS [Notice PIH 2012-28] Should a PHA discover that a member of an assisted household was subject to a lifetime registration requirement at admission and was erroneously admitted after June 25, 2001, the PHA must immediately terminate assistance for the household member. In this situation, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must terminate assistance for the household. 13-II.H. NONCOMPLIANCE WITH COMMUNITY SERVICE REQUIREMENTS [24 CFR 966.4(l)(2)(ii)(D), 24 CFR 960.603(b) and 24 CFR 960.607(b)(2)(ii) and (c)] HACCC is prohibited from renewing the lease at the end of the 12-month lease term when the famil y fails to compl y with the community service requirements as described in Chapter 11. 13-II.I. DEATH OF A SOLE FAMILY MEMBER [Notice PIH 2010-3] HACCC must immediately terminate the lease following the death of the sole family member. 13-II.J. OVER INCOME FAMILIES [24 cfr 960.507; FR Notice 7/26/18; Notice PIH 2019- 11; FR Notice 2/14/23] In the public housing program, an over-income family is defined as a family whose income exceeds the over-income limit for 24 consecutive months. When this occurs, the PHA must either: Terminate the family’s tenancy within six months of the PHA’s final notification of the end of the 24-month grace period; or Within 60 days of the PHA’s final notification of the end of the 24-month grace period or the next lease renewal (whichever is sooner), have the family execute a new lease that is consistent with 24 CFR 960.509 and charge the family a monthly rent that is the higher of the applicable fair market rent (FMR) or the amount of monthly subsidy for the unit, including amounts from the operating and capital funds. The PHA must establish a continued occupancy policy for over-income families in the ACOP indicating which of the above will occur. HACCC Policy For families whose income exceeds the over-income limit for 24 consecutive months, the HACCC will terminate the family’s tenancy within six months of the HACCC’s final notification of the end of the 24-month grace period. Over-Income Limit [Notice PIH 2019-11] The PHA must publish over-income limits in their ACOP and update them no later than 60 days after HUD publishes new income limits each year. The over-income limit is calculated by multiplying the very low-income limit (VLI) by 2.4, as adjusted for family size. HACCC Policy The HACCC will rely on the following over-income limits. These numbers will be updated within 60 days of HUD publishing new income limits each year and will be effective for all annual and interim reexaminations once these policies have been adopted. Family Size 1 2 3 4 5 6 7 8 Over- Income Limit $124, 320 $142,080 $159,840 $177,480 $191,760 $205,920 $220,080 $234,360 For families larger than eight persons, the over-income limit will be calculated by multiplying the applicable very low-income limit by 2.4. Decreases in Income [24 CFR 960.507(c)(4)] If, at any time during the consecutive 24-month grace period following the initial over-income determination, the HACCC determines that the family’s income is below the over-income limit, the HACCC’s over-income policies no longer apply to the family. If the HACCC later determines that the family’s income exceeds the over-income limit at a subsequent annual or interim reexamination, the family is entitled to a new 24 consecutive month grace period and new notices under this section. HACCC Policy If, at any time during the 24-month grace period following the initial over-income determination, an over-income family experiences a decrease in income, the family may request an interim redetermination of rent in accordance with HACCC’s policy in Chapter 9. If, as a result, the previously over-income family is now below the over-income limit, the family is no longer subject to over-income provisions as of the effective date of the recertification. The HACCC will notify the family in writing within 10 business days of the determination that over-income policies no longer apply to them. Initial Notice of Over-Income Status [24 CFR 960.507(c)(1)] If the HACCC determines the family has exceeded the over-income limit during an annual or interim reexamination, the HACCC must provide written notice to the family of the over-income determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over-income limit and continuing to do so for a total of 24 consecutive months will result in the HACCC following its continued occupancy policy for over-income families. The HACCC must afford the family an opportunity for a hearing if the family disputes within a reasonable time the PHA’s determination that the family has exceeded the over-income limit. HACCC Policy At annual or interim reexamination, if a family’s income exceeds the applicable over- income limit, within 10 business days the HACCC will notify the family in writing of the determination and that if the family continues to be over-income for 24 consecutive months, the family will be subject to the HACCC’s over-income policies. The notice will state that the family may request a hearing if the family disputes the HACCC’s determination in accordance with HACCC policies in Chapter 14. Second Notice of Over-Income Status [24 CFR 960.507(c)(2)] The PHA must conduct an income examination 12 months after the initial over-income determination, unless the PHA determined the family’s income fell below the over-income limit since the initial over-income determination. If the PHA determines the family continues to exceed the over-income limit for 12 consecutive months, the PHA must provide written notification of this 12-month over-income determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over-income limit for 12 consecutive months and continuing to do so for a total of 24 consecutive months will result in the PHA following its continued occupancy policy for over-income families. Additionally, if applicable under PHA policy, the notice must include an estimate (based on current data) of the alternative non-public housing rent for the family’s unit. The PHA must afford the family an opportunity for a hearing if the family disputes within a reasonable time the PHA’s determination that the family has exceeded the over-income limit. HACCC Policy If a family’s income exceeds the applicable over-income limit after 12 consecutive months, within 10 business days, the HACCC will notify the family in writing of the determination and that if the family continues to be over-income for 24 consecutive months, the family will be subject to the HACCC’s over-income policies. The notice will also state that the family may request a hearing if the family disputes the HACCC’s determination in accordance with HACCC policies in Chapter 14. Final Notice of Over-Income Status [24 CFR 960.507(c)(3) and 960.509] Unless the HACCC determined the family’s income fell below the over-income limit since the second over-income determination, HACCC must conduct an income examination 24 months after the initial over income determination. If the family continues to be over-income based on this determination, the HACCC must provide written notification of this determination no later than 30 days after the income examination. The notice must state that the family has exceeded the over- income limit for 24 consecutive months and that the HACCC will follow its continued occupancy policies for over-income families. The HACCC must afford the family an opportunity for a hearing if the family disputes within a reasonable time the HACCC’s determination that the family has exceeded the over-income limit. HACCC Policy If a family’s income exceeds the applicable over-income limit for 24 consecutive months, the HACCC will notify the family in writing of the determination within 10 business days of the date of the determination. The HACCC will terminate the family’s tenancy within six months of the final notification of the end of 24-month grace period. The lease shall convert to a month -to-month term for families determined to be over - income whose tenancy will be terminated in accordance with 960.507(d)(2). The HACCC will continue to charge over -income families the family’s choice of income -based, flat rent, or prorated rent for mixed families during the period before termination. The Over-Income (OI) family is still a public housing program participant prior to termination. The OI family must continue to abide by all program requirements including the Community Service or Self -Sufficiency Work Activities requirements (CSSR). When the OI family is facing termination after exceeding the grace period, the family may request an interim reexamination, but a decrease in income and the family’s rent will not reset the period before termination or enable the family to avoid termination. Termination of tenancy is not equivalent to a judicial eviction. A judicial eviction occurs when a tenant fails to vacate the unit after the tenancy has been terminated, resulting in the need for judicial action initiated by the HACCC to evict the tenant. PART III: TERMINATION BY PHA – OTHER AUTHORIZED REASONS 13-III.A. OVERVIEW Besides requiring PHAs to terminate the lease under the circumstances described in Part II, HUD requires HACCC to establish provisions in the lease for termination pertaining to certain criminal activity, alcohol abuse, and certain household obligations stated in the regulations. While these provisions for lease termination must be in the lease agreement, HUD does not require PHAs to terminate for such violations in all cases. HACCC has the discretion to consider circumstances surrounding the violation or, in applicable situations, whether the offending household member has entered or completed rehabilitation, and HACCC may, as an alternative to termination, require the exclusion of the culpable household member. HACCC must make policy decisions concerning these options. In addition, HUD authori zes PHAs to terminate the lease for other grounds, but for only those grounds that constitute serious or repeated violations of material terms of the lease or that are for other good cause. HACCC must develop policies pertaining to what constitutes serious or repeated lease violations, and other good cause, based upon the content of HACCC lease. In the development of the terms of the lease, HACCC must consider the limitations imposed by state and local landlord-tenant law, as well as HUD regulations and federal statutes. Because of variations in state and local landlord-tenant law, and because HUD affords PHAs wide discretion in some areas, a broad range of policies could be acceptable. HACCC, also has the option to terminate the tenancies of families who are over income. HACCC may consider alternatives to termination and must establish policies describing the criteria HACCC will use when deciding what action to take, the types of evidence that will be acceptable, and the steps HACCC must take when terminating a family’s lease. 13-III.B. MANDATORY LEASE PROVISIONS [24 CFR 966.4(l)(5)] This section addresses provisions for lease termination that must be included in the lease agreement according to HUD regulations. Although the provisions are required, HUD does not require PHAs to terminate for such violations in all cases, therefore PHA policies are needed. Definitions [24 CFR 5.100] The following definitions will be used for this and other parts of this chapter: Covered person means a tenant, any member of the tenant’s household, a guest, or another person under the tenant’s control. Dating violence is defined in section 3-III.F. Domestic violence is defined in section 3-III.F. Drug means a controlled substance as defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]. Drug-related criminal activity means the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute, or use the drug. Guest means a person temporarily sta ying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Household means the family and PHA-approved live-in aide. The term household also includes foster children and/or foster adults that have been approved to reside in the unit [HUD-50058, Instruction Booklet, p. 65]. Immediate family member is defined in section 3-III.F. Other person under the tenant’s control means that the person, although not staying as a guest in the unit, is, or was at the time of the activity in question, on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. Absent evidence to the contrary, a person temporarily and infrequentl y on the premises solely for legitimate commercial purposes is not under the tenant’s control. Premises means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds. Stalking is defined in section 3-III.F. Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of ph ysical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or propert y damage. Drug Cri me On or Off the Premises [24 CFR 966.4(l)(5)(i)(B)] The lease must provide that drug-related criminal activity engaged in on or off the premises b y the tenant, member of the tenant’s household or guest, or an y such activity engaged in on the premises b y an y other person under the tenant’s control is grounds for termination. HACCC Policy HACCC will terminate the lease for drug-related criminal activity engaged in on or off the premises b y an y tenant, member of the tenant’s household or guest, and any such activit y engaged in on the premises by an y other person under the tenant’s control. HACCC will consider all credible evidence, including but not limited to, any record of arrests or convictions of covered persons related to the drug-related criminal activity. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-b y- case basis, choose not to terminate the lease. Illegal Use of a Drug [24 CFR 966.4(l)(5)(i)(B)] The lease must provide that a PHA ma y evict a family when HACCC determines that a household member is illegall y using a drug or that a pattern of illegal use of a drug interferes with the health, safet y, or right to peaceful enjoyment of the premises b y other residents. HACCC Policy HACCC will terminate the lease when HACCC determines that a household member is illegall y using a drug or HACCC determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. A pattern of illegal drug use means more than one incident of an y use of illegal drugs during the previous six months. HACCC will consider all credible evidence, including but not limited to, any record of arrests or convictions of household members related to the use of illegal drugs. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-b y- case basis, choose not to terminate the lease. Threat to Other Residents [24 CFR 966.4(l)(5)(ii)(A)] The lease must provide that an y criminal activity by a covered person that threatens the health, safet y, or right to peaceful enjoyment of the premises by other residents (including PHA management staff residing on the premises) or b y persons residing in the immediate vicinity of the premises is grounds for termination of tenancy. HACCC Policy HACCC will terminate the lease when a covered person engages in an y criminal activity that threatens the health, safet y, or right to peaceful enjoyment of the premises by other residents (including PHA management staff residing on the premises) or b y persons residing in the immediate vicinity of the premises. HACCC will consider all credible evidence, including but not limited to, any record of arrests or convictions of covered persons related to the criminal activity. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-b y- case basis, choose not to terminate the lease. Alcohol Abuse [24 CFR 966.4(l)(5)(vi)(A)] PHAs must establish standards that allow termination of tenanc y if HACCC determines that a household member has engaged in abuse or pattern of abuse of alcohol that threatens the health, safet y, or right to peaceful enjoyment of the premises by other residents. HACCC Policy HACCC will terminate the lease if HACCC determines that a household member has engaged in abuse or a pattern of abuse of alcohol that threatens the health, safet y, or right to peaceful enjo yment of the premises by other residents. A pattern of such alcohol abuse means more than one incident of any such abuse of alcohol during the previous six months. HACCC will consider all credible evidence, including but not limited to, any record of arrests or convictions of household members related to the abuse of alcohol. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-by- case basis, choose not to terminate the lease. Furnishing False or Misleading Information Concerning Illegal Drug Use or Alcohol Abuse or Rehabilitation [24 CFR 966.4(l)(5)(vi)(B)] PHAs must establish standards that allow termination of tenancy if HACCC determines that a household member has furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. HACCC Policy HACCC will terminate the lease if HACCC determines that a household member has furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers. HACCC will consider all credible evidence, including but not limited to, any record of arrests or convictions of household members related to the use of illegal drugs or the abuse of alcohol, and an y records or other documentation (or lack of records or documentation) supporting claims of rehabilitation of illegal drug users or alcohol abusers. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-b y- case basis, choose not to terminate the lease. Other Serious or Repeated Violations of Material Terms of the Lease – Mandatory Lease Provisions [24 CFR 966.4(l)(2)(i) and 24 CFR 966.4(f)] HUD regulations require certain tenant obligations to be incorporated into the lease. Violations of such regulator y obligations are considered to be serious or repeated violations of the lease and grounds for termination. Incidents of actual or threatened domestic violence, dating violence, or stalking ma y not be construed as serious or repeated violations of the lease by the victim or threatened victim of such violence or stalking [Pub.L. 109-162]. HACCC Policy HACCC will terminate the lease for the following violations of tenant obligations under the lease: Failure to make pa yments due under the lease, including nonpa yment of rent (see Chapter 8 for details pertaining to lease requirements for payments due); Repeated late pa yment of rent or other charges. Four late payments within a 12 month period shall constitute a repeated late payment. Failure to fulfill the following household obligations: Not to assign the lease or to sublease the dwelling unit. Subleasing includes receiving pa yment to cover rent and utility costs by a person living in the unit who is not listed as a family member. Not to provide accommodations for boarders or lodgers To use the dwelling unit solely as a private dwelling for the tenant and the tenant’s household as identified in the lease, and not to use or permit its use for any other purpose To abide by necessar y and reasonable regulations promulgated b y HACCC for the benefit and well-being of the housing project and the tenants which shall be posted in the project office and incorporated b y reference in the lease To comply with all obligations imposed upon tenants by applicable provisions of building and housing codes materiall y affecting health and safet y Tenant shall not store, hang or leave household property (including but not limited to indoor furnishings, electronics, and children’s toys) outside the Residence nor to allow the propert y of an y Household Member or guest to remain outside the Residence, in such a wa y as to reduce the desirability of the propert y’s appearance or to constitute a threat to the health and safet y of the Household Members, HACCC staff, or other community members To dispose of all ashes, garbage, rubbish, and other waste from the dwelling unit in a sanitar y and safe manner To use only in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appurtenances including elevators To refrain from, and to cause the household and guests to refrain from destroying, defacing, damaging, or removing an y part of the dwelling unit or project To pay reasonable charges (other than for normal wear and tear) for the repair of damages to the dwelling unit, or to the project (including damages to project buildings, facilities or common areas) caused b y the tenant, a member of the household or a guest To notify the Authorit y promptly of an y need for repairs to the Residence or of any unsafe conditions in the common areas or the grounds surrounding the Residence which may lead to damage or injur y To act, and cause household members or guests to act, in a manner which will not disturb other residents’ peaceful enjo yment of their accommodations and will be conducive to maintaining the project in a decent, safe and sanitar y condition To take positive steps to prevent the growth of mold and/or mildew, including properl y ventilating rooms, cleaning, and promptly reporting growth of mold and/or mildew to HACCC. To fully cooperate with HACCC in the abatement of mold and/or mildew, including moving furniture awa y from walls, emptying closets, removing items from cupboards, and other actions necessary to make the affected areas accessible for abatement. Smoke Detectors, Sprinklers, Safet y Devices. To immediately report an y smoke detector malfunctions to HACCC. To not damage, remove, tamper with or otherwise interfere with the normal operation of smoke detectors, sprinklers, or other safet y devices within the unit of the Development. To not remove live batteries and to report worn out batteries to HACCC. To immediately report any smoke detector malfunctions to HACCC. To not damage, remove, tamper with or otherwise interfere with the normal operation of smoke detectors, sprinklers, or other safet y devices within the unit or the Development. If tenant tampers with smoke detectors, sprinklers or other safet y devices in the unit, a minimum charge of $50.00 will be charged. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors as described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-by- case basis, choose not to terminate the lease. 13-III.C. OTHER AUTHORIZED REASONS FOR TERMINATION [24 CFR 966.4(l)(2) and (5)(ii)(B)] HUD authorizes PHAs to terminate the lease for reasons other than those described in the previous sections. These reasons are referred to as “other good cause.” Other Good Cause [24 CFR 966.4(l)(2)(ii)(B) and (C)] HUD regulations state that HACCC may terminate tenancy for other good cause. The regulations provide a few examples of other good cause, but do not limit HACCC to only those examples. The Violence against Women Reauthorization Act of 2005 explicitly prohibits PHAs from considering incidents of actual or threatened domestic violence, dating violence, or stalking as “other good cause” for terminating the tenanc y or occupanc y rights of the victim of such violence. HACCC Policy HACCC will terminate the lease for the following reasons. Fugitive Felon or Parole Violator. If a tenant is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees, or that, in the case of the State of New Jersey, is a high misdemeanor; or violating a condition of probation or parole imposed under federal or state law. Persons subject to sex offender registration requirement. If an y member of the household has, during their current public housing tenanc y, become subject to a registration requirement under a state sex offender registration program. Discover y after admission of facts that made the tenant ineligible Discover y of material false statements or fraud b y the tenant in connection with an application for assistance or with reexamination of income Failure to furnish such information and certifications regarding family composition and income as may be necessary for HACCC to make determinations with respect to rent, eligibilit y, and the appropriateness of dwelling size Failure to transfer to an appropriate size dwelling unit based on family composition, upon appropriate notice by HACCC that such a dwelling unit is available Failure to permit access to the unit by HACCC after proper advance notification for the purpose of performing routine inspections and maintenance, for making improvements or repairs, or to show the dwelling unit for re-leasing, or without advance notice if there is reasonable cause to believe that an emergenc y exists Failure to promptl y inform HACCC of the birth, adoption or court-awarded custody of a child. In such a case, promptly means within 30 calendar days of the event. Failure to abide b y the provisions of HACCC pet policy If the famil y has breached the terms of a repayment agreement entered into with HACCC If a famil y member has violated federal, state, or local law that imposes obligations in connection with the occupancy or use of the premises. If a household member has engaged in or threatened violent or abusive behavior toward HACCC personnel. Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior. Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence. In making its decision to terminate the lease, HACCC will consider alternatives as described in Section 13-III.D and other factors described in Sections 13-III.E and 13-III.F. Upon consideration of such alternatives and factors, HACCC may, on a case-b y-case basis, choose not to terminate the lease. Family Absence from Unit [24 CFR 982.551(i)] It is reasonable that the family ma y be absent from the public housing unit for brief periods. However, HACCC needs a policy on how long the family ma y be absent from the unit. Absence in this context means that no member of the family is residing in the unit. HACCC Policy The famil y must suppl y any information or certification requested b y HACCC to verify that the famil y is living in the unit, or relating to family absence from the unit, including any HACCC-requested information or certification on the purposes of family absences. The famil y must cooperate with HACCC for this purpose. The famil y must promptly notif y HACCC when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 60 calendar da ys. In such a case promptly means within 10 calendar days of the start of the extended absence. If a famil y is absent from the public housing unit for more than 60 calendar days, and the famil y does not adequately verif y that the y are living in the unit, HACCC will terminate the lease for other good cause. Abandonment. If the family appears to have vacated the unit without giving proper notice, HACCC will follow state and local landlord-tenant law pertaining to abandonment before taking possession of the unit. If necessar y, HACCC will secure the unit immediately to prevent vandalism and other criminal activity. When a unit has been abandoned, HACCC will comply with Sections 1980 and 1990 of the California Civil Code. Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, HACCC may not evict or terminate the tenanc y of a family solel y because the family is over income if: (1) the famil y has a valid contract of participation in the Family Self-Sufficienc y (FSS) program, or (2) the family is currentl y receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives HACCC the discretion to do so thereb y making units available for applicants who are income eligible. HACCC Policy HACCC will not evict or terminate the tenancies of families solely because they are over income. 13-III.D. ALTERNATIVES TO TERMINATION OF TENANCY Exclusion of Culpable Household Member [24 CFR 966.4(l)(5)(vii)(C)] As an alternative to termination of the lease for criminal activity or alcohol abuse HUD provides that HACCC may consider exclusion of the culpable household member. Such an alternative can be used, b y HACCC Policy, for an y other reason where such a solution appears viable. HACCC Policy HACCC will consider requiring the tenant to exclude a household member in order to continue to reside in the assisted unit, where that household member has participated in or been culpable for action or failure to act that warrants termination. As a condition of the family’s continued occupancy, the head of household must certify that the culpable household member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted unit. The family must present evidence of the former household member’s current address upon HACCC request. Repayment of Family Debts HACCC Policy If a famil y owes amounts to HACCC, as a condition of continued occupancy, HACCC will require the famil y to repa y the full amount or to enter into a repayment agreement, within 30 days of receiving notice from HACCC of the amount owed. See Chapter 16 for policies on repa yment agreements. 13-III.E. CRITERIA FOR DECIDING TO TERMINATE TENANCY A PHA that has grounds to terminate a tenanc y is not required to do so, except as explained in Part II of this chapter, and may consider all of the circumstances relevant to a particular case before making a decision. Evidence [24 CFR 982.553(c)] For criminal activit y, HUD permits HACCC to terminate the lease if a preponderance of the evidence indicates that a household member has engaged in the activit y, regardless of whether the household member has been arrested or convicted, and without satisfying the standard of proof used for a criminal conviction. HACCC Policy HACCC will use the concept of the preponderance of the evidence as the standard for making all termination decisions. Preponderance of the 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. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence. Consideration of Circumstances [24 CFR 966.4(l)(5)(vii)(B)] Although it is required that certain lease provisions exist for criminal activity and alcohol abuse, HUD provides that HAC CC may consider all circumstances relevant to a particular case in order to determine whether or not to terminate the lease. Such relevant circumstances can also be considered when terminating the lease for an y other reason. HACCC Policy HACCC will consider the following factors before deciding whether to terminate the lease for any of the HUD required lease provisions or for an y other reasons: The seriousness of the offending action, especially with respect to how it would affect other residents The extent of participation or culpabilit y of the leaseholder, or other household members, in the offending action, including whether the culpable member is a minor, a person with disabilities, or (as discussed further in section 13-III.F) a victim of domestic violence, dating violence, or stalking The effects that the eviction will have on other family members who were not involved in the action or failure to act The effect on the community of the termination, or of HACCC’s failure to terminate the tenanc y The effect of HACCC’s decision on the integrity of the public housing program The demand for housing by eligible families who will adhere to lease responsibilities The extent to which the leaseholder has shown personal responsibility and whether they have taken all reasonable steps to prevent or mitigate the offending action The length of time since the violation occurred, the family’s recent history, and the likelihood of favorable conduct in the future In the case of program abuse, the dollar amount of the underpaid rent, a pattern of non-reporting of income, and whether or not a false certification was signed by the famil y Consideration of Rehabilitation [24 CFR 966.4(l)(5)(vii)(D)] HUD authorizes HACCC to take into consideration whether a household member who had used illegal drugs or abused alcohol and is no longer engaging in such use or abuse is participating in or has successfull y completed a supervised drug or alcohol rehabilitation program. HACCC Policy In determining whether to terminate the lease for illegal drug use or a pattern of illegal drug use, or for abuse or a pattern of abuse of alcohol, by a household member who is no longer engaging in such use or abuse, HACCC will consider whether such household member is participating in or has successfull y completed a supervised drug or alcohol rehabilitation program, or has otherwise been rehabilitated successfully. For this purpose HACCC will require the tenant to submit evidence of the household member’s current participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or evidence of otherwise having been rehabilitated successfull y. Reasonable Accommodation [24 CFR 966.7] If the famil y includes a person with disabilities, HACCC’s decision to terminate the famil y’s lease is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8. HACCC Policy If a famil y indicates that the behavior of a famil y member with a disability is the reason for a proposed termination of lease, HACCC will determine whether the behavior is related to the disability. If so, upon the family’s request, HACCC will determine whether alternative measures are appropriate as a reasonable accommodation. HACCC will only consider accommodations that can reasonabl y be expected to address the behavior that is the basis of the proposed lease termination. See Chapter 2 for a discussion of reasonable accommodation. Nondiscrimination Limitation [24 CFR 966.4(l)(5)(vii)(F)] HACCC’s eviction actions must be consistent with fair housing and equal opportunity provisions of 24 CFR 5.105. 13-III.F. PROHIBITION AGAINST TERMINATING TENANCY OF VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING [24 CFR 5.2005] The Violence against Women Reauthorization Act of 2005 (VAWA), provides that “criminal activity directl y relating t o domestic violence, dating violence, or stalking, engaged in b y a member of a tenant’s household or an y guest or other person under the tenant’s control, shall not be cause for termination of the tenancy or occupancy rights, if the tenant or immediate family member of the tenant’s family is the victim or threatened victim of that abuse.” VAWA further provides that incidents of actual or threatened domestic violence, dating violence, or stalking ma y not be construed either as serious or repeated violations of the lease by the victim of such violence or as good cause for terminating the tenanc y or occupanc y rights of the victim of such violence. Definitions For the definitions of domestic violence, dating violence, stalking, and immediate family member, see section 3-III.F. VAWA and Other Laws [24 CFR 5.2009, 24 CFR 5.2005(d)] VAWA does not supersede an y other federal, state, or local law that provides greater protection to victims of domestic violence, dating violence, or stalking. Moreover, VAWA does not limit HACCC’s duty to honor court orders issued to protect a victim or to address the distribution of propert y when a family breaks up. Limits on VAWA Protections [24 CFR 5.2005(b), 24 CFR 5.2005(e)] While VAWA prohibits a PHA from using domestic violence, dating violence, or stalking as the cause for a termination or eviction action against a public housing tenant who is the victim of the abuse, the protections it provides are not absolute. Specificall y: VAWA does not limit a PHA’s otherwise available authority to terminate assistance to or evict a victim for lease violations not premised on an act of domestic violence, dating violence, or stalking providing that HACCC does not subject the victim to a more demanding standard than other tenants. VAWA does not limit a PHA’s authority to terminate the tenanc y of an y public housing tenant if HACCC can demonstrate an actual and imminent threat to other tenants or those employed at or providing service to the propert y if that tenant’s tenancy is not terminated. HACCC Policy In determining whether a public housing tenant who is a victim of domestic violence, dating violence, or stalking is an actual and imminent threat to other tenants or those employed at or providing service to a propert y, HACCC will consider the following, and any other relevant, factors: Whether the threat is toward an emplo yee or tenant other than the victim of domestic violence, dating violence, or stalking Whether the threat is a physical danger be yond a speculative threat Whether the threat is likely to happen within a short period of time Whether the threat to other tenants or employees can be eliminated in some other wa y, such as b y helping the victim relocate to a confidential location If the tenant wishes to contest HACCC’s determination that he or she is an actual and imminent threat to other tenants or emplo yees, the tenant may do so as part of the grievance hearing or in a court proceeding. Victim Notification [Notice PIH 2006-42] VAWA requires PHAs to notify tenants of their rights under VAWA and to inform them about the existence of form HUD-50066, Certification of Domestic Violence, Dating Violence, or Stalking. (For general VAWA notification policies, see section 16-VII.) Notice PIH 2006-42 identifies two wa ys that a PHA may fulfill this requirement in the event of a termination or start of an eviction proceeding: It ma y enclose the form with the termination or eviction notice and direct the family to complete, sign, and return the form, if applicable, by a specified date. It ma y include language discussing the protections provided by VAWA in the termination or eviction notice and request that a tenant come to HACCC office and pick up the form if the tenant believes the VAWA protections appl y. Notice P IH 2006-42 points out that mailing the certification form in response to an incident could place the victim at risk, since the abuser ma y be monitoring the mail. In such cases, the notice recommends that PHAs work with tenants to make other deliver y arrangements. HACCC Policy HACCC will follow the lease termination notice policy in section 13-IV.D. If HACCC has reason to suspect that the notice might place a victim of domestic violence at risk, it will attempt to deliver the notice b y hand directl y to the victim. HACCC will use the same caution if it decides to deliver VAWA information to a victim at any other time following an incident of domestic violence. Victim Documentation [Notice PIH 2006-42] VAWA authorizes PHAs responding to incidents of actual or threatened domestic violence, dating violence, or stalki ng to request in writing that a tenant complete, sign, and submit a HUD- approved certification form (form HUD-50066). In lieu of a certification form, or in addition to the certification form, a tenant may provide one of the following: A federal, state, tribal, territorial, or local police or court record documenting the domestic violence, dating violence, or stalking Documentation signed by an employee, agent, or volunteer of a victim service provider; an attorney; or a medical professional from whom the victim has sought assistance in addressing domestic violence, dating violence, or stalking, or the effects of such abuse, in which the professional attests under penalty of perjur y to the professional’s belief that the incidents in question are bona fide incidents of abuse, and the victim of domestic violence, dating violence, or stalking has signed or attested to the documentation HACCC is not required to demand that an individual produce official documentation or physical proof of an individual’s status as a victim of domestic violence, dating violence, or stalking in order to receive the protections of VAWA. HACCC may, at its discretion, provide assistance to an individual based solely upon the individual’s statement or other corroborating evidence. VAWA specifies that a victim of domestic violence, dating violence, or stalking must provide documentation of abuse within 14 business days after receipt of a written request for such documentation by a PHA. If the victim does not provide the documentation within that time frame, or an y extension approved b y HACCC, the victim forfeits the protections against termination afforded by VAWA, and HACCC is free to evict or terminate the assistance of the victim in accordance with otherwise applicable law and lease provisions. HACCC Policy When a tenant family is facing lease termination because of the actions of a tenant, household member, guest, or other person under the tenant’s control and a tenant or immediate family member of the tenant’s family claims that she or he is the victim of such actions and that the actions are related to domestic violence, dating violence, or stalking, HACCC will request in writing that the individual submit documentation affirming that claim. The written request will include explicit instructions on where, when, and to whom the documentation must be submitted. It will also state the consequences for failure to submit the documentation by the deadline. The documentation will consist of a completed and signed form HUD-50066, Certification of Domestic Violence, Dating Violence, or Stalking. In lieu of the certification form, HACCC will accept either of the following forms of documentation: A police or court record documenting the actual or threatened abuse Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; or a medical or other knowledgeable professional. The person signing the documentation must attest under penalt y of perjur y to the person’s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. HACCC reserves the right to waive the documentation requirement if it determines that a statement or other corroborating evidence from the individual will suffice. The individual claiming victim status must submit the requested documentation within 14 business days after receipt of HACCC’s written request or must request an extension within that time frame. HACCC may, at its discretion, extend the deadline for 10 business days. If the individual provides the requested documentation within 14 business days, or an y PHA-approved extension, HACCC will reconsider its termination decision in light of the documentation. If the individual does not provide the requested documentation within 14 business days, or any PHA-approved extension, HACCC will proceed with termination of the family’s lease in accordance with applicable local, state, and federal law and the policies in this ACOP. Terminating or Evicting a Perpetrator of Domestic Violence [24 CFR 5.2005(c)] Although VAWA provides protection from termination for victims of domestic violence, it does not provide protection for perpetrators. In fact, VAWA gives HACCC the explicit authority to bifurcate a lease, or to remove a household member from a lease, “in order to evict, remove, terminate occupancy rights, or terminate assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical violence against family members or others, without evicting, removing, terminating assistance to, or otherwise penalizing the victim of such violence who is also a tenant or lawful occupant.” Specific lease language affirming this authorit y is not necessary. Further, the authorit y supersedes an y local, state, or other federal law to the contrar y. However, if HACCC chooses to exercise this authority, it must follow any procedures prescribed b y HUD or by applicable local, state, or federal law f or eviction, lease termination, or termination of assistance [Pub.L. 109-271]. This means that HACCC must follow the same rules when terminating or evicting an individual as it would when terminating or evicting an entire famil y [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs]. HACCC Policy HACCC will bifurcate a family’s lease and terminate the tenancy of a family member if HACCC determines that the family member has committed criminal acts of physical violence against other family members or others. This action will not affect the tenancy or program assistance of the remaining, nonculpable famil y members. In making its decision, HACCC will consider all credible evidence, including, but not limited to, a signed certification (form HUD-50066) or other documentation of abuse submitted to HACCC by the victim in accordance with this section. HACCC will also consider the factors in section 13.III.E. Upon such consideration, HACCC may, on a case- by-case basis, choose not to bifurcate the lease and terminate the tenanc y of the culpable famil y member. If HACCC does bifurcate the lease and terminate the tenancy of the culpable family member, it will do so in accordance with the lease, applicable law, and the policies in this ACOP. If necessary, HACCC will also take steps to ensure that the remaining family members have a safe place to live during the termination process. For example, HACCC may offer the remaining family members another public housing unit, if available; it may help them relocate to a confidential location; or it may refer them to a victim service provider or other agenc y with shelter facilities. HACCC Confidentiality Requirements [24 CFR 5.2007(a)(1)(v)] All information provided to HACCC regarding domestic violence, dating violence, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and ma y neither be entered into an y shared data base nor provided to an y related entity, except to the extent that the disclosure (a) is requested or consented to by the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise required b y applicable law. HACCC Policy If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, HACCC will inform the victim before disclosure occurs so that safet y risks can be identified and addressed. PART IV: NOTIFICATION REQUIREMENTS, EVICTION PROCEDURES AND RECORD KEEPING 13-IV.A. OVERVIEW HUD regulations specif y the requirements for the notice that must be provided prior to lease termination. This part discusses those requirements and the specific requirements that precede and follow termination for certain criminal activities which are addressed in the regulations. This part also discusses specific requirements pertaining to the actual eviction of families and record keeping. 13-IV.B. CONDUCTING CRIMINAL RECORDS CHECKS [24 CFR 5.903(e)(ii) and 24 CFR 960.259] HUD authorizes PHAs to conduct criminal records checks on public housing residents for lease enforcement and eviction. HACCC Policy determines when HACCC will conduct such checks. HACCC Policy HACCC may conduct criminal records checks when it has come to the attention of HACCC, either from local law enforcement or by other means, that an individual has engaged in the destruction of property, engaged in violent activity against another person, or has interfered with the right to peaceful enjo yment of the premises of other residents. Such checks will also include sex offender registration information. All criminal record checks will be conducted in conjunction with a current criminal investigation, and information will be provided to staff on a “needs-to-know, right-to-know” basis. If the records check is not tied to a current investigation, HACCC may obtain an individual’s criminal record from the local law enforcement agencies, FBI or credit reporting agenc y. In order to obtain such information, all adult household members must sign consent forms for release of criminal conviction and sex offender registration records on an annual basis. HACCC may not pass al ong to the tenant the costs of a criminal records check. 13-IV.C. DISCLOSURE OF CRIMINAL RECORDS TO FAMILY [24 CFR 5.903(f), 24 CFR 5.905(d) and 24 CFR 966.4(l)(5)(iv)] In conducting criminal records checks, if HACCC uses the authority of 24 CFR 5.903 and 5.905 to obtain such information, certain protections must be afforded the tenant before an y adverse action is taken. In such cases if HACCC obtains criminal records information from a state or local agenc y showing that a household member has been convicted of a crime, or is subject to a sex offender registration requirement, relevant to lease enforcement or eviction, HACCC must notify the household of the proposed action and must provide the subject of the record and the tenant a copy of such information, and an opportunity to dispute the accurac y and relevance of the information before an evi ction or lease enforcement action is taken. HACCC Policy In all cases where criminal record or sex offender registration information would result in lease enforcement or eviction, HACCC will notify the household in writing of the proposed adverse action and will provide the subject of the record and the tenant a cop y of such information, or a summary of such information contained in a police report, and an opportunit y to dispute the accurac y and relevance of the information before an eviction or lease enforcement action is taken. If the household requests a cop y of their summary criminal history record to dispute allegations, the household shall be directed the local law enforcement agenc y. The famil y will be given 10 business days from the date of HACCC notice, to dispute the accurac y and relevance of the information. If the family does not contact HACCC to dispute the information within that 10 business day period, HACCC will proceed with the termination action. Should the tenant not exercise their right to dispute prior to an y adverse action, the tenant still has the right to dispute in the grievance hearing or court trial. 13-IV.D. LEASE TERMINATION NOTICE [24 CFR 966.4(l)(3)] Form, Delivery, and Content of the Notice Notices of lease termination must be in writing. The notice must state the specific grounds for termination, the date the termination will take place, the resident’s right to reply to the termination notice, and their right to examine PHA documents directl y relevant to the termination or eviction. If HACCC does not make the documents available for examination upon request by the tenant, HACCC may not proceed with the eviction [24 CFR 996.4(m)]. When HACCC is required to offer the resident an opportunity for a grievance hearing, the notice must also inform the resident of their right to request a hearing in accordance with HACCC’s grievance procedure. In these cases, the tenancy shall not terminate until the time for the tenant to request a grievance hearing has expired and the grievance procedure has been completed. When HACCC is not required to offer the resident an opportunity for a grievance hearing because HUD has made a due process determination and the lease termination is for criminal activity that threatens health, safet y or right to peaceful enjo yment or for drug-related criminal activity, the notice of lease termination must state that the tenant is not entitled to a grievance hearing on the termination. It must specify the judicial eviction procedure to be used b y HACCC for eviction of the tenant, and state that HUD has determined that the eviction procedure provides the opportunit y for a hearing in court that contains the basic elements of due process as defined in HUD regulations. The notice must also state whether the eviction is for a criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or employees of HACCC, or for a drug-related criminal activity on or off the premises. HACCC Policy HACCC will make two attempts to deliver notices of lease termination directly to the tenant or an adult member of the household. (For terminations related to domestic violence, see also the policy under “Victim Notification” in section 13-III.F.) If a second attempt fails, the notice will be sent by first-class. All notices of lease termination will include a statement of the protection against termination provided b y the Violence against Women Reauthorization Act of 2005 (VAWA) for victims of domestic violence, dating violence, or stalking. They will also include a cop y of form HUD-50066, Certification of Domestic Violence, Dating Violence, or Stalking. Any family member who claims that the cause for termination involves (a) criminal acts of physical violence against family members or others or (b) incidents of domestic violence, dating violence, or stalking of which a family member is the victim will be given the opportunity to provide documentation in accordance with the policies in section 13-III.F. Timing of the Notice [24 CFR 966.4(l)(3)(i)] HACCC must give written notice of lease termination of: 14 calendar da ys in the case of failure to pay rent 3 calendar da y notice considering the seriousness of the situation (but not to exceed 30 calendar days) If the health or safet y of other residents, PHA employees, or persons residing in the immediate vicinit y of the premises is threatened If an y member of the household has engaged in any drug-related criminal activity or violent criminal activity If an y member of the household has been convicted of a felon y 30 calendar da ys in an y other case, except that if a state or local law allows a shorter notice period, such shorter period shall apply HACCC Policy HACCC will give written notice of 14 calendar days for nonpa yment of rent. For all other lease terminations HACCC will give 30 days written notice or, if state or local law allows less than 30 days, such shorter notice will be given. The Notice to Vacate that may be required under state or local law ma y be combined with or run concurrently with the notice of lease termination. Notice of Nonrenewal Due to Community Service Noncompliance [24 CFR 966.4(l)(2)(ii)(D), 24 CFR 960.603(b) and 24 CFR 960.607(b)] When HACCC finds that a family is in noncompliance with the community service requirement, the tenant and any other noncompliant resident must be notified in writing of this determination. Notices of noncompliance will be issued in accordance with the requirements and policies in Section 11-I.E. HACCC Policy If after receiving a notice of initial noncompliance the family does not request a grievance hearing, or does not take either corrective action required by the notice within the required timeframe, a termination notice will be issued in accordance with the policies above. If a famil y agreed to cure initial noncompliance by signing an agreement, and is still in noncompliance after being provided the 12-month opportunity to cure, the family will be issued a notice of continued noncompliance. The notice of continued noncompliance will be sent in accordance with the policies in Section 11-I.E. and will also serve as the notice of termination of tenancy. Notice of Termination Based on Citizenship Status [24 CFR 5.514 (c) and (d)] In cases where termination of tenancy is based on citizenship status, HUD requires the notice of termination to contain additional information. In addition to advising the family of the reasons their assistance is being terminated, the notice must also advise the family of an y of the following that appl y: the famil y’s eligibility for proration of assistance, the criteria and procedures for obtaining relief under the provisions for preservation of families, the family’s right to request an appeal to the USCIS of the results of secondar y verification of immigration status and to submit additional documentation or a written explanation in support of the appeal, and the family’s right to request an informal hearing with HACCC either upon completion of the USCIS appeal or in lieu of the USC IS appeal. Please see Chapter 14 for HACCC’s informal hearing procedures. 13-IV.E. EVICTION [24 CFR 966.4(l)(4) and 966.4(m)] Eviction notice means a notice to vacate, or a complaint or other initial pleading used under state or local law to commence an eviction action. HACCC may onl y evict the tenant from the unit b y instituting a court action, unless the law of the jurisdiction permits eviction by administrative action, after a due process administrative hearing, and without a court determination of the rights and liabilities of the parties. HACCC Policy When a family does not vacate the unit after receipt of a termination notice, by the deadline given in the notice, HACCC will follow state and local landlord-tenant law in filing an eviction action with the local court that has jurisdiction in such cases. If the eviction action is finalized in court and the family remains in occupancy be yond the deadline to vacate given by the court, HACCC will seek the assistance of the court to remove the famil y from the premises as per state and local law. HACCC may not proceed with an eviction action if HACCC has not made available the documents to be used in the case against the family, and has not afforded the family the opportunit y to examine and copy such documents in accordance with the provisions of 24 CFR 966.4(l)(3) and (m). 13-IV.F. NOTIFICATION TO POST OFFICE [24CFR 966.4(l)(5)(iii)(B)] When HACCC evicts an individual or family for criminal activity, including drug-related criminal activit y, HACCC must notify the local post office serving the dwelling unit that the individual or family is no longer residing in the unit. 13-IV.G. RECORD KE EPING For more information concerning general record keeping, see Chapter 16. HACCC Policy A written record of ever y termination and/or eviction will be maintained by HACCC at the development where the family was residing, and will contain the following information: Name of resident, number and identification of unit occupied Date of the notice of lease termination and any other notices required b y state or local law; these notices may be on the same form and will run concurrently Specific reason(s) for the notices, citing the lease section or provision that was violated, and other facts pertinent to the issuing of the notices described in detail (other than an y criminal history reports obtained solely through the authorization provided in 24 CFR 5.903 and 5.905) Date and method of notifying the resident Summaries of an y conferences held with the resident including dates, names of conference participants, and conclusions Chapter 13 -II.J. Over Income Families Summary:  In the public housing program, an over-income family is defined as a family whose income exceeds the over-income limit for 24 consecutive months.  For families whose income exceeds the over-income limit for 24 consecutive months, the HACCC will terminate the family’s tenancy within six months of the HACCC’s final notification of the end of the 24-month grace period. Family Size 1 2 3 4 5 6 7 8 Over- Income Limit $124, 320 $142,080 $159,840 $177,480 $191,760 $205,920 $220,080 $234,360  If, at any time during the 24-month grace period following the initial over-income determination, an over-income family experiences a decrease in income, the family may request an interim redetermination of rent in accordance with HACCC’s policy in Chapter 9.  If, as a result, the previously over-income family is now below the over-income limit, the family is no longer subject to over-income provisions as of the effective date of the recertification. The HACCC will notify the family in writing within 10 business days of the determination that over-income policies no longer apply to them.  Initial Notice: At annual or interim reexamination, if a family’s income exceeds the applicable over-income limit, within 10 business days the HACCC will notify the family in writing of the determination and that if the family continues to be over-income for 24 consecutive months, the family will be subject to the HACCC’s over-income policies. The notice will state that the family may request a hearing if the family disputes the HACCC’s determination in accordance with HACCC policies in Chapter 14.  Second Notice: If a family’s income exceeds the applicable over-income limit after 12 consecutive months, within 10 business days, the HACCC will notify the family in writing of the determination and that if the family continues to be over- income for 24 consecutive months, the family will be subject to the HACCC’s over-income policies. The notice will also state that the family may request a hearing if the family disputes the HACCC’s determination in accordance with HACCC policies in Chapter 14.  Final Notice: If a family’s income exceeds the applicable over-income limit for 24 consecutive months, the HACCC will notify the family in writing of the determination within 10 business days of the date of the determination. The HACCC will terminate the family’s tenancy within six months of the final notification of the end of 24-month grace period. o The lease shall convert to a month-to-month term for families determined to be over-income whose tenancy will be terminated in accordance with 960.507(d)(2). The HACCC will continue to charge over - income families the family ’s choice of income-based, flat rent, or prorated rent for mixed families during the period before termination. o The Over-Income (OI) family is still a public housing program participant prior to termination. The OI family must continue to abide by all program requirements including the Community Service or Self- Sufficiency Work Activities requirements (CSSR). o When the OI family is facing termination after exceeding the grace period, the family may request an interim reexamination, but a decrease in income and the family’s rent will not reset the period before termination or enable the family to avoid terminatio n. o Termination of tenancy is not equivalent to a judicial eviction. A judicial eviction occurs when a tenant fails to vacate the unit after the tenancy has been terminated, resulting in the need for judicial action initiated by the HACCC to evict the ten ant. THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5252 RESOLUTION APPROVING CHANGES TO THE ADMISSION AND CONTINUED OCCUPANCY PLAN (ACOP) REQUIRING PUBLIC HOSUING FAMILIES WHO EXCEED THE “OVER-OINCOME” LIMITS FOR TWENTY-FOUR CONSECUTIVE MONTHS TO MOVE OUT OF PUBLIC HOSUING WITHIN SIX MONTHS AFTER THE 24-MONTH GRACE PERIOD. WHEREAS, it is the desire of the Board of Commissioners of the Housing Authority of the County of Contra Costa to continue to provide public housing assistance for qualified low-income tenants; and WHEREAS, the Housing Authority of the County of Contra Costa desires to ensure that its Public Housing program functions within the standards of the U.S. Department of Housing and Urban Development (HUD) Housing Opportunity Through Modernization Act (HOTMA) regarding income limits for the Public Housing Program; and WHEREAS, on February 14, 2023, HUD enacted the Final Rule of Section 103 of HOTMA requiring PHAs to implement updates to agency plans and policies for this Section within (120) days of enactment. WHEREAS, Housing Authority staff met with the Resident Advisory Board to communicate upcoming changes in the ACOP as defined in the Final Rule. WHEREAS, a PHAs compliance is subject to HUD verification by confirmatory review at any time. Non- compliance will impact funding and allow for sanctions beyond the withholding of the PHAs Capital Fund monies. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY, as follows: 1. Approve the following changes to the ACOP for the Housing Authority of the County of Contra Costa effective August 1, 2023, under Housing Opportunity Modernization Act (HOTMA) Section 103, over-income final rule: • Update Public Housing over-income Policy under HOTMA’s Section 103, limiting program participation for families after a family’s income exceeds the over-income limit for 24 consecutive months under 13-II.J. OVER INCOME FAMILIES [24 CFR 960.507; FR Notice 7/26/18; Notice PIH 2019-11; FR Notice 2/14/23] •Remove the following verbiage in the ACOP to comply with updated language per th e final notice on 02/13/2023: Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, HACCC may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self -Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives HACCC the discretion to do so thereby making units available for applicants who are income eligible. 2. Authorize the Executive Director of the Housing Authority of the County of Contra Costa to implement such significant changes to the ACOP to comply the final rule published in the Federal Register (88 FR 9600) on February 14, 2023. PASSED AND ADOPTED ON _________________________ by the following vote of the Commissioners. AYES: NOES: ABSENT: ABSTAIN: 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 ___________________________________ JOSEPH VILLARREAL, CLERK OF THE BOARD OF COMMISSIONERS AND EXECUTIVE DIRECTOR By __________________________________________ RECOMMENDATIONS OPEN the public hearing for the Housing Authority's (HACCC) significant changes to the Admission and Continued Occupancy Plan (ACOP) for Fiscal Year 2023 relating to over-income families in Public Housing. ADOPT Resolution No. 5252 to require Public Housing families who exceed the “Over-Income” limits for 24 consecutive months to move out of Public Housing within six months of the 24-month grace period. BACKGROUND On February 14, 2023, HUD enacted the final rule of section 103 of the Housing Opportunity Through Modernization Act (HOTMA) regarding income limits for the Public Housing Program. PHAs are required to implement updates to agency plans for this Section within (120) days of enactment. The following revisions to the Housing Authority’s Public Housing Admissions and Continued Occupancy Policy (ACOP) are proposed to be effective August 1, 2023. As required by HUD, HACCC staff provided public notice of this hearing in the East, West, and Contra Costa Times on May 13th, 2023, May 15th, 2023, May 16th, 2023, May 17th, 2023, & June 8th, 2023. Staff met virtually with the agency’s Resident Advisory Board (RAB) on two different occasions to discuss the proposed Plan: May 16th, 2023, and June 20th, 2023. The RAB approved the proposed changes to the Admissions and Continued Occupancy Policy (ACOP) at the June 20th, 2023, meeting. The following sections provide a synopsis of the major changes proposed by staff to the ACOP, specifically Chapter 13 in relation to Terminations. The specific proposed policies, with changes highlighted, are attached. Action of Board On: 07/18/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Ken Carlson, Commissioner Federal D. Glover, Commissioner Cynthia Jordan, Commissioner Joann Segura, Commissioner ABSENT:Diane Burgis, 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: July 18, 2023 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: D.1 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:July 18, 2023 Contra Costa County Subject:UPDATE PUBLIC HOUSING OVER-INCOME POLICY TO REFLECT FINAL RULE PUBLISHED IN THE FEDERAL REGISTER (88 FR 9600) ON FEBRUARY 14, 2023 BACKGROUND (CONT'D) Public Housing The proposed changes to HACCC's Public Housing Admissions and Continued Occupancy Plan are as follows: Updated Public Housing over-income Policy under HOTMA’s Section 103, limiting program participation for families after a family’s income exceeds the over-income limit for 24 consecutive months under 13-II.J. OVER INCOME FAMILIES [24 CFR 960.507; FR Notice 7/26/18; Notice PIH 2019-11; FR Notice 2/14/23] The removal of the following verbiage in the ACOP to comply with updated language per the final notice on 02/13/2023: o Over-Income Families [24 CFR 960.261 and FR 11/26/04, p. 68786] Subject to certain restrictions, HUD authorizes PHAs to evict or terminate the tenancies of families because they are over income. Unless required to do so by local law, HACCC may not evict or terminate the tenancy of a family solely because the family is over income if: (1) the family has a valid contract of participation in the Family Self-Sufficiency (FSS) program, or (2) the family is currently receiving the earned income disallowance. This rule does not require PHAs to evict over-income residents, but rather gives HACCC the discretion to do so thereby making units available for applicants who are income eligible. HACCC Policy HACCC will not evict or terminate the tenancies of families solely because they are over income. A complete copy of the proposed PHA Annual Plan, Administrative Plan and ACOP are available for review on the HACCC’s website: www.contracostahousing.org. FISCAL IMPACT No direct financial impact. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to approve the significant changes to the Over-Income Rule in the Admissions and Continued Occupancy Policies (ACOP), the HACCC will be out of compliance with HUD requirements and may not receive any funding as well as impose additional sanctions beyond the withholding of Capital Fund monies. AGENDA ATTACHMENTS Resolution 5252 summary lease terminations MINUTES ATTACHMENTS Signed Resolution No. 5252 Homeless Set-asides Emergency Housing Vouchers 201 Mainstream 172 Project-based Vouchers (committed to homeless) 118 Garden Park Apartments, Pleasant Hill (27) Idaho Apartments, El Cerrito/Richmond (28) Lakeside Apartments, Concord (11) Lily Mae Jones, Richmond (8) Robin Lane, Concord (5) St. Paul’s, Walnut Creek (14) Hacienda Senior Apartments, Richmond (25) Project-based COC 15 Lakeside Apartments, Concord (4) Ohio Ave, Richmond (6) Villa Vasconcellos, Walnut Creek (5) Stability Vouchers 41 Tenant-based COC (Shelter Plus Care) (2018-2020 avg.) 267 VASH 348 VASH - HACCC (308) VASH – Pittsburg/HACCC (40) Total 1,162 Pending Commitments (HUD shortfall) Moving On 50 Committed Total 1,212 RECOMMENDATIONS ACCEPT a report on the award of 41 new vouchers for homeless individuals and their families under the Stability Voucher Program from the U.S. Department of Housing and Urban Development (HUD) and an update on the Housing Authority’s various homeless housing programs. BACKGROUND The Stability Voucher program is designed to encourage a community-wide commitment to the goal of ending homelessness. Stability Vouchers (SVs) may assist households who are homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)), at-risk of homelessness, those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, or human trafficking, and veterans and families that include a veteran family member that meet one of the proceeding criteria. Persons who are fleeing or attempting to flee human trafficking are an eligible category for SVs. HUD expects applicant communities to partner with health and housing agencies to leverage mainstream housing and healthcare. These two funding opportunities present a first-of-its-kind package of resources to help communities implement coordinated approach to ending homelessness, including unsheltered homelessness and homelessness in rural areas. The Stability Voucher program is HACCC's 16th program that specifically targets homeless individuals and families. As a reminder, the “regular” voucher program primarily serves individuals and families who would otherwise be homeless via the normal application process for that program. HACCC’s programs, and the current number of participants in each, are as follows: Action of Board On: 07/18/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Ken Carlson, Commissioner Federal D. Glover, Commissioner Cynthia Jordan, Commissioner Joann Segura, Commissioner ABSENT:Diane Burgis, 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: July 18, 2023 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:July 18, 2023 Contra Costa County Subject:AWARD OF NEW HOMELESS VOUCHER FUNDING BACKGROUND (CONT'D) Homeless Set-asides Emergency Housing Vouchers 201 Mainstream 172 Project-based Vouchers (committed to homeless) 118 Garden Park Apartments, Pleasant Hill (27) Idaho Apartments, El Cerrito/Richmond (28) Lakeside Apartments, Concord (11) Lily Mae Jones, Richmond (8) Robin Lane, Concord (5) St. Paul’s, Walnut Creek (14) Hacienda Senior Apartments, Richmond (25) Project-based COC 15 Lakeside Apartments, Concord (4) Ohio Ave, Richmond (6) Villa Vasconcellos, Walnut Creek (5) Stability Vouchers 41 Tenant-based COC (Shelter Plus Care) (2018-2020 avg.) 267 VASH 348 VASH - HACCC (308) VASH – Pittsburg/HACCC (40) Total 1,162 Pending Commitments (HUD shortfall) Moving On 50 Committed Total 1,212 FISCAL IMPACT The estimated annual budget authority of these 41 new vouchers is $862,199. CONSEQUENCE OF NEGATIVE ACTION None. Informational item only. CLERK'S ADDENDUM Speaker: Caller 1. ATTACHMENTS Vouchers - Presentation RECOMMENDATIONS RECEIVE the Housing Authority of the County of Contra Costa’s investment report for the quarter ending March 31st, 2023. BACKGROUND California Government Code (CGC) Section 53646 requires the Housing Authority of the County of Contra Costa (HACCC) to present the Board of Commissioners with a quarterly investment report that provides a complete description of HACCC’s portfolio. The report is required to show the issuers, type of investments, maturity dates, par values (equal to market value here) and the current market values of each component of the portfolio, including funds managed by third party contractors. It must also include the source of the portfolio valuation (in HACCC’s case it is the issuer). Finally, the report must provide certifications that (1) all investment actions executed since the last report have been made in full compliance with the Investment Policy and; (2) HACCC will meet its expenditure obligations for the next six months. (CGC 53646(b)). The state-mandated report has been amended to indicate the amount of interest earned and how the interest was allocated. The amended report is attached. In summary, HACCC had $29,039.71 in interest earnings for the quarter ending March 31st, 2023. That interest was earned within discrete programs and most of the interest earned is available only for use within the program which earned the interest. Further, interest earnings may be restricted to specific purposes within a given program. The Housing Choice Voucher Program reserve as of 12/31/2013 held in cash and investments was transitioned to HUD held program reserve account. Non-restricted interest earnings within both the voucher and public housing programs must be used solely within those programs, but such interest earnings can be used for a wider range of purposes within the individual programs. The interest earned in the State and Local fund can be used for any purpose within HACCC’s scope of operations. The interest earned for the quarter ending March 31st, 2023 is shown below. A more detailed report is attached. Action of Board On: 07/18/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Ken Carlson, Commissioner Federal D. Glover, Commissioner Cynthia Jordan, Commissioner Joann Segura, Commissioner ABSENT:Diane Burgis, 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: July 18, 2023 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.1 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:July 18, 2023 Contra Costa County Subject:INVESTMENT REPORT FOR THE QUARTER ENDING MARCH 31, 2023 BACKGROUND (CONT'D) Public Housing Housing Choice Voucher Fund Central Office State & Local Unrestricted Interest Earned Restricted Interest Earned Unrestricted Interest Earned Unrestricted Interest Earned Unrestricted Interest Earned $13,857.80 $4,019.77 $11,162.14 FISCAL IMPACT None. For reporting purposes only. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to accept the investment report it would result in an audit finding of non-compliance and could ultimately affect future funding from the U.S. Department of Housing and Urban Development (HUD). ATTACHMENTS Report RECOMMENDATIONS ACCEPT the Fiscal Year End 2022-2023 Unaudited Budget Report for the period ending 3/31/2023. BACKGROUND This report is intended to provide the Board of Commissioners with an overview of the financial operating position of the Housing Authority of the County of Contra Costa (HACCC) for the Fiscal Year Ending 3/31/2023. The report begins with a summary of HACCC’s overall fiscal standing at the end of the fiscal year. The overall numbers are then broken down by individual funds. Each fund overview includes a brief program summary and an explanation of the variance between budgeted and actual performance. AGENCY OVERVIEW: Budget Report HACCC's overall budget position for the fiscal year end 3/31/2023 is shown in the chart below. Activity in the Housing Choice Vouchers Program had the most significant impact on HACCC's budget. The variance in revenue and expenditures at the Agency Level is a summary of all variances reported at the program levels. The program revenue and expenditure variance summary is as follows: Revenue Variance Summary Housing Choice Vouchers favorable variance $ 14,820,578 Public Housing favorable variance 3,066,764 State and Local favorable variance 1,941,542 Housing Certificate unfavorable variance -522,884 Agency favorable variance $ 19,306,000 Action of Board On: 07/18/2023 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, Commissioner Candace Andersen, Commissioner Ken Carlson, Commissioner Federal D. Glover, Commissioner Cynthia Jordan, Commissioner Joann Segura, Commissioner ABSENT:Diane Burgis, 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: July 18, 2023 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.2 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:July 18, 2023 Contra Costa County Subject:FYE 2022-2023 Budget Report BACKGROUND (CONT'D) Expenditure Variance Summary Housing Choice Vouchers unfavorable variance $ 13,825,898 Public Housing unfavorable variance 3,795,716 State and Local unfavorable variance 870,295 Housing Certificate favorable variance -612,159 Agency unfavorable variance $ 17,879,751 HACCC Agency Summary Annual Budget Annual Total Variance Revenue $ 214,074,579 $ 233,380,579 $ 19,306,000 Expenditures $ 214,554,859 $ 232,424,610 $ 17,879,751 $ -480,280 $ 945,969 The net change to overall reserves was an increase of $945,969. The summary of Agency Reserves by Program and type is as follows: Analysis of Agency Reserves Beginning Balance 4/1/2022 (Audited) Actual for FY 3/31/2023 (Unaudited) Reserve Balance FY period ending 3/31/2023 (Unaudited) Total Reserves $ 32,479,897 $ 945,969 $ 33,425,866 Net Invested in Capital Assets Housing Choice Vouchers $ 353,583 $ -10,830 $ 342,753 Public Housing & Cap. Funds $ 6,419,660 $ 1,247,266 $ 7,666,926 State & Local Programs $ 13,474,466 $ -627,124 $ 12,847,342 Housing Certificates Programs $ -0- .$ -0- .$ -0- . Total Capital Assets $ 20,247,709 $ -609,312 $ 20,857,021 Restricted Reserves Housing Choice Vouchers $ -0-$ 115,106 $ 115,106 Public Housing & Cap. Funds $ -0-$ -0-$ -0- State & Local Programs $ -0-$ 617,775 $ 617,775 Housing Certificates Programs $ -0- .$ -0- .$ -0- . Total Restricted Reserves $ -0-$ 732,881 $ 732,881 Unrestricted Reserves Housing Choice Vouchers $ 4,466,902 $ 819,822 $ 5,286,724 Public Housing & Cap. Funds $ 2,284,261 $ -1,710,341 $ 573,920 State & Local Programs $ 5,481,025 $ 494,295 $ 5,975,320 Housing Certificates Programs $ -0- .$ -0- .$ -0- . Total Unrestricted Reserves $ 12,232,188 $ -396,224 $ 11,835,964 As a reminder, almost all reserves are restricted for use within each program. The designation of restricted or unrestricted reserves merely indicates that the funds are obligated for special use within the program (restricted) or that they can be used for any purpose tied to the program (unrestricted). The only reserves that can be used freely are unrestricted reserves within the State and Local Programs that are not tied to the tax credit properties. These reserves can be used to support any of HACCC’s programs. FUNDS OVERVIEW: Housing Choice Vouchers Program Summary - The HCV program provides housing assistance to families in the private rental market. HACCC qualifies families for the program based on income. These families find a home in the private rental market and HACCC provides them with a subsidy via a HAP contract with the property owner. HAP is paid by HACCC directly to the owner. Through its HCV program, HACCC provides affordable housing assistance to 8,826 households. 8,476 households are assisted by the Housing Voucher Program, 181 by the Mainstream Voucher Program, and 169 by the Emergency Housing Voucher Program. Of the HCV program households, 193 are also enrolled in the Family Self-Sufficiency Program. Summary of Difference Between Budgeted and Annual Estimate: Revenue - The $14,820,578 revenue difference is a result of $9,289,629 in increased funding for Rental Assistance Payments and $5,530,949 in increased administrative funding and other revenue. Expenditures - The $13,825,898 expenditure difference is a result of $9,191,691 in increased Rental Assistance Payments, $1,256,438 in actuarial changes to Other Post Employment Benefits, $1,641,555 in internal fees to State & Local Fund, and $1,736,214 in operational and other costs. Housing Choice Vouchers Annual Budget Annual Total Variance Revenue $ 185,918,944 $ 200,739,522 $ 14,820,578 Expenditures $ 185,989,526 $ 199,815,424 $ 13,825,898 $ -70,582 $ 924,098 Analysis of Program Reserves: Public Housing Operating and Capital Funds Program Summary - HACCC owns and manages 983 public housing units at 13 different sites throughout the County. The Agency disposed of roughly 196 units on 3 sites in the N. Richmond area. The Operating funds for all properties come from tenant rents as well as an operating subsidy received from HUD that is designed to cover the gap between rents collected from the low-income tenants and annual operating expenses. HUD allocates the Capital Fund annually via formula to approximately 3,200 housing authorities. Capital Fund grants may be used for development, financing, modernization, and management improvements within public housing. Summary of Difference Between Budgeted and Annual Estimate: Revenue - The $3,066,764 revenue difference is a result of $2,638,120 in increased Capital Funds, $281,436 in increased operating subsidy, and $147,208 in increased tenant and other revenue. Expenditures - The $3,795,716 expenditure difference is a result of $2,279,758 in increased utilization of Capital Funds, $1,156,728 in actuarial changes to Other Post Employment Benefits, $234,104 in internal fees to State & Local Fund, and $125,126 in operational and other costs. Housing Choice Vouchers Beginning Balance 4/1/2022 (Unaudited) Actual for FY 3/31/2023 (Unaudited) Reserve Balance period ending 3/31/2023 (Unaudited) Net Invested in Capital Assets $ 353,583 $ -10,830 $ 342,753 Restricted Reserves $ -0-$ 115,106 $ 115,106 Unrestricted Reserves $ 4,466,902 $ 819,822 $ 5,286,724 Total Reserves $ 4,820,485 $ 924,098 $ 5,744,583 Public Housing Operating and Capital Fund Annual Budget Annual Total Variance Revenue $ 12,773,946 $ 15,840,710 $ 3,066,764 Expenditures $ 12,508,069 $ 16,303,785 $ 3,795,716 $ 265,877 $ -463,075 Analysis of Program Reserves: Public Housing & Capital Fund Beginning Balance 4/1/2022 (Unaudited) Actual for FY 3/31/2023 (Unaudited) Reserve Balance period ending 3/31/22 (Unaudited) Net Invested in Capital Assets $ 6,419,660 $ 1,247,266 $ 7,666,926 Restricted Reserves $ -0-$ -0-$ -0- Unrestricted Reserves $ 2,284,261 $ -1,710,341 $ 573,920 Total Reserves $ 8,703,921 $ -463,075 $ 8,240,846 State and Local Programs Program Summary - HACCC administers a variety of programs and activities that are either not funded by HUD or that involve non-restricted HUD funds. Currently, HACCC is the managing general partner for two tax credit projects (DeAnza Gardens & Casa Del Rio). HACCC receives management fees for administering the Public Housing and HCV programs under HUD’s asset-management model. In addition, the State and Local Program manages the employee pension and OPEB benefit program. Summary of Difference between Budgeted and Annual Year-End Estimate: Revenue - The $1,941,542 difference in revenue is the result of a $1,718,404 increase in non-restricted HUD funds driven by increased fee revenue and a $223,138 increase in tax credit property revenue. Expenditures - The $870,295 difference in expenditure is the result of a $804,657 increase in non-restricted HUD expenditures and a $65,638 increase in tax credit property expenditures. State & Local Programs Annual Budget Annual Total Variance Revenue $ 7,790,482 $ 9,732,024 $ 1,941,542 Expenditures $ 8,376,783 $ 9,247,078 $ 870,295 $ -586,301 $ 484,946 Analysis of Program Reserves: State & Local Programs Beginning Balance 4/1/2022 Unaudited Actual for FY 3/31/2023 (Unaudited) Reserve Balance period ending 3/31/2023 (Unaudited) Net Invested in Capital Assets $ 13,474,466 $ -627,124 $ 12,847,342 Restricted Reserves $ -0-$ 617,775 $ 617,775 Unrestricted Reserves $ 5,481,025 $ 494,295 $ 5,975,320 Total Reserves $ 18,955,491 $ 484,946 $ 19,440,437 Housing Certificate Programs Program Summary - HACCC administers a Housing Certificate Program tied to the Continuum of Care Program (formerly known as Shelter Plus Care). The Continuum of Care Program provides rental assistance for hard-to-serve homeless persons with disabilities in connection with supportive services funded from sources outside the program. HACCC assists approximately 275 households under this program. Summary of Difference Between Budgeted and Annual Year-End Estimate: Revenue - The $-522,884 revenue difference is a result of $-856,677 from decreased funding for Rental Assistance Payments and $333,793 in increased administrative and supportive services funding. Expenditures - The $-612,159 expenditure difference is a result of $-856,677 from decreased Rental Assistance Payments and $244,518 in increased administrative and supportive services costs. Housing Certificate Programs Annual Budget Annual Total Variance Revenue $ 7,591,207 $ 7,068,324 $ -522,884 Expenditures $ 7,680,482 $ 7,068,324 $ -612,159 $ -89,275 $ -0- Analysis of Program Reserves: Housing Certificate Programs Beginning Balance 4/1/2022 Audited Actual for FY 3/31/2023 (Unaudited) Reserve Balance period ending 3/31/2023 (Unaudited) Restricted Reserves $ -0-$ -0-$ -0- Unrestricted Reserves $ -0-$ -0-$ -0- Total Reserves $ -0-$ -0-$ -0- FISCAL IMPACT None. Information item only. CONSEQUENCE OF NEGATIVE ACTION Should the Board of Commissioners elect not to accept the report it would result in an audit finding of non-compliance and could ultimately affect future funding from the U.S. Department of Housing and Urban Development (HUD). CLERK'S ADDENDUM Speaker: Caller 1.