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HomeMy WebLinkAboutMINUTES - 10271998 - C74 .......-................................... ........................................... Of HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan,Acting Executive Director DATE: October 27, 1998 SUBJECT: SECTION 8 ADMINISTRATION PLAN SPECIFIC REQUEST(S)OR RECOMMENDATION(S)-&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Adopt Resolution No.4050 amending the Section 8 Administrative Plan based on HUD and policy recommendations. 11. FINANCIAL IMPACT: None. Ill. REASONS FOR RECOMMENDATION/BACKGROUND: The U. S. Department of Housing and Urban Development(HUD)regulations require all Housing Authorities that administer the Section 8 Program to have an administrative plan. The administrative plan must set forth the agency's overall approach and objectives for program administration and a description of discretionary policies concerning maintaining,closing and reopening PHA waiting lists,voluntary intetjurisdictional portability, issuing/extending and denying certificates,occupancy standards,preferences, SRO housing,collection amounts owed the PHA, informal reviews and hearings,recertifications,and direction Section 8 Program activities in support of local or area-wide community economic development. The attached modifications revise the Administrative Plan approved by the Board in July, 1997 and revised in June, 1998 to include recent changes in HUD Regulations and other changes in policy. IV, CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No.4050,the Housing Authority would be unable to implement the proposed changes to the Section 8 Program. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): z4a,,,e ACTION OF BOARD ON APPROVED AS RECOMMENDED X -e� VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES. ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED< , - PHIL BATCHELOR,C1 ERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY �EPUTY S80RD �7L 74-1 _7_627-W THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 4050 RESOLUTION REVISING THE SECTION 8 ADMINISTRATION PLAN WHEREAS,the Contra Costa County Housing Authority C PHA")administers a Section 8 Program, and WHEREAS,the U. S. Department of Housing and Urban Development(HUD) Regulations require all Housing Authorities that administer Section 8 Program to have an Administrative Plan; and WHEREAS,recent changes in HUD Regulations and agency policy are included in the revised Section 8 Administrative Plan,to implement an"over Fair Market Tenancy„in the Section 8 Certificate Program, as well as clarifications to the rules governing preferences,relatives, live-in aides and owner's notices. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the County of Contra Costa that the Section 8 Administrative Plan modification set forth as authorized by the U. S. Department of Housing and Urban Development(HUD)become effective immediately. PASSED AND ADOPTED ONti" I OCTOBER 27, 1998 BY THE following vote of the Commissioners. AYES: COMMISSIONERS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED OCTOBER 27, 1998 PHIL BATCHELOR, CLERK.OF THE BOARD OF COMISSIONERS AND COUNTY ADMINISTRATOR BY7Zt ssxEs Relatives are not automatically excluded from being live-in aides,but they must meet all of the elements in the live-in aide definition described above. Family members of a live-in attendant may also reside in the unit providing doing so does not increase the subsidy by the cost of an additional bedroom and that the presence of the live-in's family members does not overcrowd the unit. A Live in Aide may only reside in the unit with the approval of the HA. The applicant/participant must submit the name of the individual he/she wants to appoint as the live-in aide,social security number and current and prior address. This must be submitted for approval prior to moving into the unit. Any subsequent live-in aide will also be required to be submitted for approval before he or she will be authorized to move into the unit. Written verification which establishes the need for care will be required from a reliable, knowledgeable professional, such as a doctor, social worker,or case worker. The verification provider must certify that a live-in aide is needed for the care of the family member who is elderly,near-elderly(50-61)or disabled. The HA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR part 8 to make the program accessible to and usable by the family member with a disability(982.402 9b)(6). However the Housing Authority may refuse a particular person as a live-in aide, or may withdraw such approvaljf: (1) The person commits fraud,bribery or any other corrupt or criminal activity; or (2) The person commits drug-realted criminal activity or violent criminal activity; or(3)The person currently owes rent or other amounts to the HA or to another HA in connection with Section 8 or public housing assistance under the 1937 Act(24 CFR.982.316. [Emphasis added.] Split Households Prior to Certificate/Voucher issuance When a family on the waiting list splits into two otherwise eligible families, and the new families both claim the same placement on the waiting list,only one certificate will be issued. The HA will make the decision as to which family member receives the certificate taking into consideration the following factors: 1. Which family member applied as head of household. 2. Which family unit retains the children or any disabled or elderly member 3. Restrictions that were in place at the time the family applied. 4. Role of domestic violence in the split. 5. Recommendations of social service agencies or qualifiedprofessionals such as children's protective services. Documentation of these factors is the responsibility of the applicant families. If either or both of the families do not provide the documentation,they may be denied placement on the waiting list for failure to supply information requested by the HA. Admin Plan Revised 10/96,6/97,10199 2-4 1 D. —NOTIFICATION OF APPLICANT STATUS If after a review of the preapplication the family is determined to be preliminarily eligible, they will be notified in writing,in an accessible format upon request, as a reasonable accommodation. The notice will contain the approximate date that assistance may be offered,and will further explain that the estimated date is subject to factors such as turnover and additional funding. This written notification of preliminary eligibility will be: mailed to the applicant by first class mail. If the family is determined to be ineligible based on the information provided in the preapplication,the HA will notify the family in writing(in an accessible format upon request as a reasonable accommodation), state the reason(s),and inform them of their right to an informal review. Persons with disabilities may request to have an advocate attend the informal review as an accommodation. See Chapter 19, "Complaints and Appeals." E. TIME OF SELECTION When funding is available, families will be selected from the waiting list in sequence,regardless of family size. When there is insufficient funding available for the family at the top of the list,the HA will not admit any other applicant until funding is available for the first applicant. Applicants will not be passed over on the waiting list. A pool of completed eligible applicant files will be maintained to minimize delays in admissions when funding becomes available.However,families are still offered certificates or vouchers in the waiting list sequence. Based on the HA's turnover and the availability of funding, groups of families will be selected from the waiting list to form a final eligibility"pool." Selection from the pool will be based on waiting list sequence/completion of verification. F. COMPLETION OF A FULL APPLICATION All information claimed on the pre-application or while the family is on the waiting list will be verified: * Upon receipt of the preliminary application and prior to placement on the waiting list * After the family is selected from the waiting list,and prior to completing the full application 1/96 AdminPlain Rev. 9/46,10/98 3-6 f, When the HA is ready to select applicants, applicants will be required to: * Participate in a full application interview with an HA representative during which the applicant will be required to furnish complete and accurate information verbally as requested by the interviewer.The HA interviewer will complete the full application form with answers supplied by the applicant.The applicant will sign and certify that all information is complete and accurate. The full application will be mailed/communicated as requested as an accommodation to a person with a disability in advance, to be return completed when the applicant attends the interview]. Requirement to Attend Interview The HA utilizes the full application interview to discuss the family's circumstances in greater detail,to clarify information which has been provided by the family,and to ensure that the information is complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process,as well as to advise the family of other HA services or programs which may be available. All adult family members are required to attend the interview and sign the housing application. It is the applicant's responsibility to reschedule the interview if s/he misses the appointment. If the applicant misses scheduled meetings,the HA will reject the application. If an applicant fails to appear for an interview without prior approval of the HA,their application will be denied unless they can provide acceptable documentation to the HA that an emergency arose. Reasonable accommodation will be made for persons with a disability who requires an advocate or accessible offices. A designee will be allowed to provide some information, but only with permission of the person with a disability. If an application is denied due to failure to attend the full application interview,the applicant will be notified in writing and offered an opportunity to request an informal review. (See Chapter 19, "Complaints and Appeals.") All adult members must sign the HUD Form 9886, Release of Information,the application form and all supplemental forms required by the HA,the declarations and consents related to citizenship/immigration status and any other documents required by the HA. Applicants will be required to sign specific verification forms for information which is not covered by the HUD form 9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and release as required by the HA. Information provided by the applicant will be verified including informationrelated to family composition, income, allowances and deductions,assets,eligible immigration status, full time student status and other factors related to preferences, eligibility and rent calculation. Verifications may not be more than 60 days old at the time of certificate/voucher issuance. 1/96 AdminP'lan Rev. 9196,10/98 3-7 If the HA determines at or after the interview that additional information or document(s) are needed,the HA will request the document(s)or information in writing. The family will be given 10 days to supply the information. If the information is not supplied in this time period,the HA will provide the family a notification of denial for assistance. (See Chapter 19, "Complaints and Appeals.") G SELECTION OF CERTIFICATE, OVER FAIR MARKET TENANCY CERTIFICATE OFTQ)OR VOUCHER [24 CFR 982.205 (c)(2)] The HA provides an explanation of the differences between the Certificate, OFTO and Voucher programs orally and/or in writing, and the applicant is asked to specify which type of assistance they prefer, and to indicate if they would accept the other form of assistance.' The family must decide on which form of assistance (Certificate or Voucher)they prefer. If the form of assistance preferred is available, it will be offered to the applicant. The applicant may refuse the first form of assistance offered and retain their place on the waiting list until the other form of assistance is available. If the applicant then refuses the other form of assistance, they will be rejected and their name removed from the waiting list. (See Chapter 19, Complaints and Appeals") H. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY After the verification process is completed,the HA will make a final determination of eligibility. This decision is based upon information provided by the family,the verification completed by the HA, and the current eligibility criteria in effect. If the family is determined to be eligible,the HA will mail a notification of eligibility. A briefing will be scheduled for the issuance of a certificate or voucher and the family's orientation to the housing program. I/96 AdminPlan Rev. 9/96,16/98 3-8 . .. . .............. _........ ......... ......... .._...... ..._..... _...._. ......... .11........ ................ . ...... ........_... ......... ......... ......... Chapter 4 ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST INTRODUCTION It is the HA's objective to ensure that the families are placed in the proper order on the waiting list so that an offer of assistance is not delayed to any family, or made to any family prematurely. This chapter defines the eligibility criteria and explains the HA's application system. By maintaining an accurate waiting list,the HA will be able to perform the activities which ensure that an adequate pool of qualified applicants will be available so that program funds are used in a timely manner. It is the Housing Authority's policy to accept and process applications for the;Section 8 Rental Assistance Program following applicable HUD Handbooks and Regulations. When the Authority receives new increments of Section 8 Certificates or Vouchers, applications will be taken by phone. Applications for the special sub-programs, such as Rental Rehabilitation, may be filed in person at the Housing Authority Field Offices. Applications for the Moderate Rehabilitation Program(Mod Rehab)are handled at the Central Waiting List Office. The Authority will take applications from all persons apparently eligible for Section 8 assistance, unless the waiting list is so oversubscribed that it is likely that only those with preferences will be helped over the next year. If the waiting list is open, the Housing Authority will not refuse to take applications from apparently eligible families unless there is good cause for not accepting applications(such as a denial of assistance because of action or inaction by the family) for grounds specified in the HACCC Section 8 Policy Manual and HUD regulations. All applications will be placed on a centralized, county-wide waiting list based on applicable preferences for applicant selection,and the time and date of filing. The Authority places all Section 8 applicants on the same waiting list,noting each applicant's preferences for a Certificate or Housing Voucher. Applicants will be notified of how long they may expect to be on the waiting list before being offered assistance. It is Housing Authority policy to administer the waiting list in a way that is consistent with the objectives of Title VI of the Civil Rights Act of 1964 and HUD implementing regulations. The Central Waiting List/Portability Office maintains the Section 8, Public Housing and Mod Rehab waiting lists. Opening the Waiting List The Section 8 Waiting List is currently closed. When the Housing Authority opens the waiting list, it will give public notice in accordance with the policy outlined in the section"Program Outreach" in Chapter 1 of this plan. 4/98 AdminPlan Rev. 10/98 4-1 /0 A. ORGANIZATION OF WAITING LIST The Housing Authority maintains information that permits it to select participants from the waiting list in accordance with admissions policies established in this Section 8 Administrative Policy Manual. The waiting list must contain the following information for each applicant listed: (1) applicant name, (2) family size (number of bedrooms the family qualifies for under HACCC's Occupancy Standards); (3)qualification for a local ranking and(4)racial or ethnic designation of the head of household. The waiting list will be maintained in accordance with the following guidelines: 1. The application will be a permanent file 2. All applicants in the pool will be maintained in order of preference.Applications equal in preference will be maintained by date and time sequence. 3. All applicants must meet"Very Low Income" eligibility requirements as established by HUD. Any exceptions to these requirements,other than those outlined in Chapter 2, "Eligibility for Admission," must have been approved previously by the HUD Field Office Special Admissions If HUD awards the Housing Authority program funding that is targeted to families living in specified units: (1) The Housing Authority must use the assistance for the families living in such units and (2) The Housing Authority may admit a family that is not on the Housing Authority waiting list or without considering the family's waiting list position. HACCC must keep records showing that the family was assisted with HUD targeted assistance. Applicants admitted under targeted funding are identified by codes in the automated system and are not maintained on separate lists 4198 AaminPlan Rev.10/98 4-2 Ls9 f 7 Examples of HUD-targeted funding include the following: *A family displaced because of the demolition or disposition of public housing project; * A family residing in a multifamily rental housing project when HUD sells, forecloses, or demolishes the project * A family residing in a project covered by a project-based Section 8'contract at or near the end of the term; and other examples detailed in the agency Sec 8 manual (Chapter 3,page 3). B. WAITING-LIST POSITION An applicant will not be granted any priority if any member of the family has been evicted from any federally assisted housing during the past three years because of drug-related or violent criminal activity. In determining whether to deny assistance based on drug-related or violent criminal activity, the Housing Authority will exercise its discretion. The Authority may deny or terminate assistance if evidence shows that a family member has engaged in such activity despite whether the family member has been arrested or convicted. The HACCC will consider all of the circumstances in each case including the seriousness of the offense and the effects that the denial or termination would have on family members not involved in the activity. In appropriate cases, the HACCC may permit remaining members of the family to continue receiving assistance and may impose a condition that family members engaged in the proscribed activities will not reside in the unit and/or require a family member who has engaged in the illegal use of drugs to submit evidence of successful completion of a treatment program as a condition of being allowed to reside in the assisted unit. The Housing Authority will employ the considerations described in this section as warranted by the factual situation. If an applicant makes a false statement in order to qualify,the Housing Authority will deny admission to the program for the family. Types of Applicants With Preference Over"Other Singles": es": Applicants who are elderly or disabled households(whether single or not) and single persons displaced by government action will be given a selection priority over all"Other Single" applicants. 4,98 AaminPlan Rev. 10/98 4-3 V17 "Other Singles" denotes a ane-person household in which the individual member is neither elderly, disabled,or displaced by government action. Such applicants will be placed on the waiting list in accordance with their preferences, but can not be selected for assistance before any elderly family, disabled family or displaced single. 4/98 AdminPlan Rev. 10/98 4-4 C. PREFERENCE CATEGORIES [24 CFR 982.221-2131 The Department of Housing and Urban Development has given Housing Authorities the option of not utilizing federal preferences. As a result,the Housing Authority of the County of Contra Costa no longer uses a federal preference point system. The Authority has chosen to assign each family priority on the waiting list on a first-come,first-served basis . The determination is based on date and time of application. Single individuals: In accordance with federal regulations,the Housing',Authority will extend priority to Elderly families (including Disabled Persons and Handicapped Persons) and Displaced Persons over other single persons. Previously, applicants who are entitled to a preference by Federal regulations included those: involuntarily displaced; currently living in substandard housing (including homeless families). currently paying more than 50%of their income for rent and utilities("Rent Burden"). Opting to operate without the necessity of verifying preferences at the initialinterview means that families on the waiting list may be served sooner and that the Housing Authority will be better able to reach its full leasing capacity D. SPECIAL ADMISSIONS [24 CFR 982.203, 982.54(d)(3)] If HUD awards an HA program funding that is targeted for specifically named families,the HA will admit these families under a Special Admission procedure. Special admissions families will be admitted outside of the regular waiting list process. They are not required to be on the program waiting list. The HA maintains separate records of these admissions. The following are examples of types of program funding that may be designated by HUD for families living in a specified unit: I. A family displaced because of demolition or disposition of a public or Indian housing project; 2. A family residing in a multifamily rental housing project when HUD sells,forecloses or demolishes the project; 3. For housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990; 4. A family residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term;and 4/98 AdminPtan Rev.10/98 4-5 ;a ell 5. A non-purchasing family residing in a HOPE 2 or HOPE 2 project. H. TARGETED FUNDING When HUD awards special funding for certain family types, families who qualify are placed on the regular waiting list. When a specific type of funding becomes available,the waitine_list is searched for the first available family meeting the targeted funding criteria. The HA has the following"Targeted" Programs: *Family Unification *Designated housing Allocation Plan— Non-elderly disabled on HUD Assisted P.H. Waiting List * Family Self Sufficiency * Homeless Assistance Program * Shared Housing * Shelter Plus Care • Rental Rehab Program F. CONTINUING ELIGIBILITY WHILE ON WAIT LIST [24 CFR.982.210(c)(3-4)] Change in Circumstances Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to a assistance. Applicants are required to notify the HA in writing when their circumstances change. Cross-Listing of Public Housing and Section 8 The HA will not merge the waiting lists for public housing and Section 8. However, if the Section 8 waiting list is open when the applicant is placed on the public housing list, the HA must offer to place the family on both lists. If the public housing waiting list is open at the time an applicant applies for Section 8,the HA must offer to place the family on the public housing waiting list. G. ORDER OF SELECTION [24 CFR 982.207(e), 982.210 (a)(b)] The order of selection is based on date and time of application and the HUD requirement that elderly and disabled families and displaced singles will always be selected before other singles. 4/98 AdminPlan Rev. 10198 4-6 Among,Applicants with Equal Status The waiting list will be organized by date and time. Under the singles rule, elderly and disabled families and displaced singles will always be selected before other singles. H. FINAL VERIFICATION [24 CFR 982.210 (c) (3)(4)] Information on applications will be updated as applicants are selected from the waiting list. At that time, the HA will: Obtain necessary verifications of family's status at the interviewand mail third party verifications as applicable. 1. FALSE STATEMENTS [24 CFR 982.551] If the applicant falsifies documents or makes false statements in order to qualify,they will be removed from the Waiting List. J. REMOVAL FROM WAITING LIST AND PURaG1NG [24 CFR 982.204 (c)] If an applicant fails to respond to a mailing from the HA,the applicant will be sent written notification and given 30 days to contact the HA. If they fail to respond within 30 days they will be removed from the waiting list. An extension will be considered an accommodation if requested by a person with a disability. If a letter is returned by the Post Office without a forwarding address,the applicant will be removed without further notice, and the envelope and letter will be maintained in the file. If a letter is returned with a forwarding address, it will be re- mailed to the address indicated. If an applicant is removed from the waiting list for failure to respond,they will not be entitled to reinstatement unless by the instruction of the Director of housing Operations. The waiting list will be purged twice a year by a mailing to all applicants to ensure that the waiting list is current and accurate. The mailing will ask for current information and confirmation of continued interest. Applicants are required to contact the HA in writing when there is a change of address to confirm their continued interest. The HA will give written notification to all applicants who fail to respond at the required times. If they fail to respond to this notification,they will be removed from the waiting list. 4198 AdminPtan Rev.10/98 4-7 N. REDUCTION IN BENEFITS If the family's benefits,such as social security,SSI or AFDC, are reduced through no fault of the family,the HA will use the net amount of the benefit. If the family's benefits were reduced due to family error, omission, or misrepresentations, the HA will use the gross amount of the benefit. O. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS [24 CFR.982.517, 982.514] The same Utility Allowance Schedule is used for both Certificates, OFT©s and Vouchers. The Utility allowance is intended to help defray the cost of utilities not included in the rent and is subtracted from Total Tenant payment to establish the family's rent to the landlord. The allowances are based on actual rates and average consumption studies,not on a family's actual consumption. The HA will review the Utility Allowance Schedule on an annual basis and revise it if needed. The approved utility allowance schedule is given to families along with theirCertificate or Voucher. The utility allowance is based on the actual unit size selected. Where the Utility Allowance exceeds the family's Total Tenant Payment,the HA will provide a Utility Reimbursement Payment on behalf of the family. If the Housing Assistance payment exceeds the rent to owner(formerly contract rent),the Housing Authority may pay the balance of the housing assistance payment either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. 1196 AdminPlsn Reviscd 10/96,10/98 6-11 Failure to Provide. If an applicant or participant family member fails to sign required declarations and consent forms or provide documents,as required,they must be listed as an ineligible member. if the entire family fails to provide and sign as required,the family may be denied or terminated for failure to provide required information. Time of Verification. For applicants,verification of U.S. citizenship/eligible immigrant status occurs at the same time as verification of other factors of eligibility for final eligibility determination. For participants, it is done at the first regular recertification after June 19, 1995. For family members added after other members have been verified,the verification occurs at the first recertification after the new member moves in. (ince verification has been completed for any covered program, it need not be repeated except that, in the case of port-in families, if the initial HA does not supply the documents,the HA must conduct the determination. Extensions of Time to Provide Documents. Extensions must be given for persons who declare their eligible immigration status but need time to obtain the required documents. The length of the extension shall be based on individual circumstances. The.IIA will generally allow up to 10 days to provide the document or a receipt issued by the INS for issuance of replacement documents. Acceptable Documents of Eligible Immigration. The regulations stipulate that only the following documents are acceptable unless changes are published in the Federal Register. Resident Alien Card(I-551) Alien Registration Receipt Card(I-151) Arrival-Departure Record(I-94) Temporary Resident Card(I-688) Employment Authorization Card(I-688B) Receipt issued by the INS for issuance of replacement of any of the above documents that shows individual's entitlement has been verified A birth certificate is not acceptable verification of status. All documents in connection with U.S. citizenship/eligible immigrant status must be kept five years. 1/%AdmiOlen Revised 10/96 7-7 Acs W I Prohibition of Preference for Applicants Evicted for Drug Related Criminal Activi . The Housing Authority will not give any preference to an applicant if any member of the family is a person who was evicted from housing assisted under the Housing Act of 1937 during the past three years because of drug-related criminal activity. However,the Housing Authority may admit someone in any of the following cases: (1)HACCC determines that the evicted person has successfully completed a rehabilitation program approved by the Housing Authority; (2) HACCC determines that the evicted person clearly did not participate in or know of the drug- related criminal activity;or(3)HACCC determines that the evicted person no longer participates in drug-related criminal activity. Method of Selection. The Housing Authority selects among applicants on the waiting list with by date and time of application. Admission of Elderly Families and displace Persons Over Single Persons The Housing Authority complies with HUD regulations requiring the Housing Authority to give priority to a family whose single member is a displaced person or whose heard or spouse or single member is an elderly person or a disabled person over a single person who is not elderly or displaced. 1/'96 AdminPlan Revised 10196 7-10 '741 la 2-� Chapter 8 CERTIFICATENOUCHER ISSUANCE AND BRIEFINGS INTRODUCTION The HA's objectives are to assure that families selected to participate are successful in obtaining an acceptable housing unit, and that they have sufficient knowledge to derive maximum benefit from the program and to comply with program requirements. When families have been determined to be eligible,the HA will conduct a mandatory briefing to ensure that families know how the program works. The briefing will provide a broad description of owner and family responsibilities, HA procedures,and how to lease a unit. The family will also receive a briefing packet which provides more detailed information about the program. This Chapter describes how briefings will be conducted, the information that will be provided to families,and the policies for how changes in the family composition will be handled. A. ISSUANCE OF CERTIFICATES/AND OM FAIR MARKET'RENT TENANCY CERTIFICATES (OFTOsINOUCHERS [24 CFR 982.204(d),982.54 (d)(2)] When funding is available,the HA will issue Certificates, Over Fair Market Tenancy Certificates (OFTOs) and Vouchers to applicants whose eligibility has been determined. The issuance of Certificates and Vouchers must be within the dollar limitations set by the ACC budget. The number of Certificates and Vouchers issued must ensure that the HA stays as close as possible to 100% lease-up.The HA performs a computer generated monthly',calculation to determine whether applications can be processed and the number of Certificates and Vouchers that can be issued. B BRIEFING TYPES AND REQUIRED ATTENDANCE [24 CFR',982.3011 Ini Tial Applicant Briefing A full HUD-required briefing will be conducted for applicant families who are determined to be eligible for assistance. The briefings are conducted in groups meetings. Families who attend group briefings and still have the need for individual assistance will be referred to the Central Waiting List Supervisor. Briefings for the Certificate Program.,OFTO and the Voucher Program will be held separately. Briefings will be conducted in English with bi-lingual staff available to assist with Spanish translations. 1/96 Admin Pian Rev.10/48 - �.74 The purpose of the briefing is to explain the documents in the Certificate/OFTO/Voucher holder's packet to families so that they are fully informed about the program. This will enable them to utilize the program to their advantage, and it will prepare them to discuss it with potential owners and property managers. The person will also describe how the program works and the relationship between the family and the owner,the family and the HA,and the HA and the owner. The HA will not issue a Certificate or Voucher to a family unless the household representative has attended a briefing and signed the Certificate or Voucher. Applicants who provide prior notice of inability to attend a briefing will automatically be scheduled for the next briefing. Applicants who fail to attend two scheduled briefings,without prior notification and approval of the HA, may be denied admission based on failure to supply information needed for certification. Briefing Packet When a family initially receives a Certificate of Family Participation,OFTO or a Housing Voucher, or is issued a transfer Certificate or Voucher, a full explanation of the following shall be provided to help the family: • Family obligations under certificate/voucher and lease • Owner responsibilities under the Lease and Contract, • How to find a suitable unit; • How the "housing search clock" works; • The general locations and characteristics of the full range of neighborhoods in which the Housing Authority is able to contract and units of suitable price and quality may be found; • Significant aspects of applicable Federal, State, and Local laws, particularly concerning fair housing; Applicable Fair Market Rents and rent reasonableness • Haw the Authority determines Total Tenant Payment and the Total Tenant Rent and the housing assistance payment for the Certificate program and OFTO program; • An explanation of the Payment Standards for the Voucher program; • How the housing assistance payment is computed,the incentive for selecting a unit for less than the Payment Standard,and the minimum rent the family must pay under the Voucher program; • The family's right to obtain copies of the lease,lease addendum, Housing Quality Standards,the Contract, request for lease approval and other pertinent documents; • The advisability and availability of blood lead level screening for children under six (6)years of age; • The features of and difference between the Certificate Program and the Housing Voucher Program; • HQS Checklist •Information on Family Self Sufficiency • Information on housing opportunities through out the area; 1/96 Admin Plan Rev.10/98 8-2 D<' • Information on portability; • Procedures for moving with continued assistance; • Housing Authority policy on absences from the assisted unit; • Housing Authority policy on security deposits and damage claims; • and Active encouragement to families to consider the Certificate or,Voucher as a means of finding housing in any non-impacted area; copies of the Rental Referral List • Terms of the Certificate or voucher; • HA Policy on providing information about families to prospective owners; • Information regarding the family obligations of the program; • Information regarding grounds for termination because of family action or failure to act; • Housing Authority policy on informal reviews/hearings •Procedures for notifying the HA and/or HUD of program abuses • Requirements for reporting changes between certifications •Information of Security Deposits • Information on Legal Referral Services and Landlord mediation services The Housing Authority conducts these briefings on a group basis and to provide participating families adequate opportunity to raise questions and discuss information. The Supervisor of the Central Waiting List/Portability Office generally conducts the briefings for initial participants, with Housing Managers taking over in her absence. Housing Managers brief transfer Certificate or Voucher recipients. The HA will conduct individual briefings for families with disabilities at their home, upon request by the family, if required for reasonable accommodation. During the briefing the Authority staff will discuss relevant information about the availability of local community resources for which families could apply to complement their housing assistance, such as food stamps,job training, budget counseling and work incentive programs. Families who report alleged discrimination will be assisted in filling out the appropriate HUD discrimination forms. At the time of the briefing,the family is given a booklet with the name and phone number of local Fair Housing Agencies,and HUD,who will assist them with complaints. Terms of Certificates/OFTOsNouchers The Certificate of Family Participation or Housing Voucher is valid for 60 days. The participating family must locate an apartment or house and submit a Request for Lease Approval within that time. Request for Extension of Initial Certificate or Voucher If a Certificate/Voucher expires or is about to expire, a family may submit the Certificate/Voucher to the Housing Authority with a request for extension. Requests for extension must be submitted to the Central Waiting List/Portability Supervisor. The Central Waiting List/Portability Manager will review the family's efforts to locate a suitable unit,the 1/96 Admin Plan Rev.10/98 8-3 e,2 ars-g2- problems encountered,and figure out ways the Authority could help. If the Central Waiting List/Portability Manager believes that there is a reasonable possibility that the family will find a suitable unit,the Authority may grant one or more extension not to exceed 60 days. In other words,the greatest possible time a family may have to search for a unit is 120 days. Expiration of a Certificate/OFTO/Voucher does not preclude the family from filing a new application for another Certificate/OFTO/Voucher when application taking resumes. Requests for Extension of Transfer Certificate or Voucher If a transfer Certificate/Voucher expires or is about to expire, a family may submit the Certificate/Voucher to the Housing Authority with a request for extension. Requests for extension for transfer Certificates/Vouchers must be submitted to the Housing Manager of the field officer administering the Certificate or Voucher. The Housing Manager will review the family's efforts to locate a suitable unit,the problems encountered, and find ways the Authority could help. If the Housing Manager believes that there is a reasonable possibility that the family will find a suitable unit,the Authority may grant one or more extension not to exceed 60 days. Expiration of a Certificate/Voucher does not preclude the family from filing'a new application for another Certificate/Voucher. Requests to Exchange Type of Assistance A Certificate holder may request to be issued a OFTO or Housing Voucher in exchange for a Certificate and visa-versa. It is HACCC policy to comply with HUD regulations that require the Authority to exchange the Certificates for Housing Vouchers, or the reverse,',if the type of assistance sought is available at the time of the request. Housing Vouchers Exchanged for Certificates If a Housing Voucher was exchanged for a Certificate, the initial term and extended term are measured by the date of the Housing Voucher's issuance. Conversely, if a Certificate was exchanged for a Voucher, the initial term and extended term are measured by the date of the Certificate's issuance. "Housing Search Clock." The "clock" begins to run on participants' search for a unit with the date of the briefing session. When counting the number of days the family has to find a suitable unit,the clock stops ticking when the family submits a Request for Lease Approval. The clock resumes(1) if the unit fails inspection; (2)the Owner elects to cancel the Request; or(3)HACCC did not approve the unit for any reason. The Housing Search Clock will toll when a participant is physically unable to search for housing due to hospitalization or other extreme situation beyond his or her control. 1/96 Admin flan Rev.10/98 8-4 Transfer Certificate or Vouchers for Participating Families Subject to the availability of Annual Contribution authorization and the participant's eligibility for continued participation,HACCC will issue a"transfer" Certificate or Voucher to a qualified assisted family who wishes to move to another unit.Transfer Certificates or Vouchers will be issued to assisted families who are required to move for no fault of their own, such as an increase or decrease in family size or natural disaster. Housing managers will conduct briefings for families who want to transfer at the time the transfer certificate is issued. Assistance to Certificate/Voucher Holders Families who require additional assistance during their search may call the HA Office to request assistance. Certificate and Voucher holders will be notified at their briefing session that the HA periodically updates the listing of available units and how the updated list may be obtained. The HA will assist families with negotiations with owners and provide other assistance related to the families' search for housing. C.OWNER BRIEFINGS Briefings are held for owners annually. All owners receive a personal invitation to attend and are notified by mail. Owners unfamiliar with the Section 8 program are also recruited and invited to attend. D. ENCOURAGING PARTICIPATION IN AREAS WITHOUT LOW INCOME OR MINORITY At the briefing,families are encouraged to search for housing in non-impacted areas and the HA will provide assistance to families who wish to do so. The assistance provided to such families includes: * Direct contact with landlords. * Counseling with the family. * Providing information about services in various non-impacted ureas. • Meeting with neighborhood groups to promote understanding. * Formal or informal discussions with landlord groups *Formal or informal discussions with social service agencies *Meeting with rental referral companies or agencies •Meeting with fair housing groups or agencies 1/96 Admin Plan Rev.10/98 8-S N The Housing Authority will maintain lists of available housing submitted by,owners in all neighborhoods within the Housing Authority's jurisdiction to ensure greatermobility and housing choice to very low income households. The lists of units(which is updated weekly) will be provided at the front desk.of each Housing Authority office,and provided at briefings. E ASSISTANCE TO FAMILIES MMIC? CLAIM DISCRIMINATI-ON Fair Housing Laws The HA provides the family with information about how to file a complaint and the location of the local Fair Housing office. If HUD Fair Housing makes a finding of discrimination against an owner,the HA will restrict the owner from future participation. F. SECURITY DEPOSIT REQUIREMENTS [24 CFR 982.313] Leases Effective Prior to January 1. 1996 In October, 1995, HUD established new guidelines for Security Deposits. The Housing Authority of County of Contra Costa implemented these new guidelines in January, 1996. As a result,the amount of Security Deposit which could have been collected by owners under contracts effective prior to January 1, 1996 is as follows: Under the Certificate Program,the owner could have collected a Security Deposit in an amount not to exceed Total Tenant Payment or$50.00,whichever is greater, for non- lease-in-place families. For the Voucher Program, HA policy specifies that the owner, at his/her discretion could have collected a Security Deposit in an amount not to exceed: the greater of 30%of adjusted-monthly income or$50 for non-lease-in-place families. Leases Effective on or after January 1. 19% Security deposits charged by owners may not exceed those charged to unassisted tenants(nor the maximum prescribed by State or local law.) 1196 Admin Plan Rev.20148 8-6 G. TER OF CERTIFICATENOUCHER [24 CFR 982.303, 982. 4(d)(11)] During the briefing session, each household will be issued a Certificate or Voucher which represents a contractual agreement between the HA and the Family specifying the rights and responsibilities of each party. It does not constitute admission to the program which occurs when the lease and contract become effective. Expirations The Certificate or Voucher is valid for a period of sixty calendar days from the date of issuance. The family must submit a Request for Lease Approval and Lease within the sixty-day period unless an extension has been granted by the HA. If the Certificate or Voucher has expired, and has not been extended by the HA or expires after an extension,the family will be denied assistance. The family will not be entitled to a review or hearing. If the family is currently assisted, they may remain as a participant in their unit if there is an assisted lease/contract in effect. Over Fair T Market Tenancy-Certificates OFTOsI • A Family may rent a unit over Fair Market Rent and pay the difference • -this has been allowed in the Voucher Program • -was prohibited in the certificate program. • Housing Authority pays the maximum subsidy • Family pays balance of rent(regular certificate formula AND any rent exceeding the FMR/Exception rent • If FMR goes up and gross rent is under FMR. family pays certificate formula TTP, Slot opens for another OFTO family • The OFTO Payment Standard is the maximum subsidy • The payment standard always equals the FMR/exception rent • Used at initial lease up and continued occupancy to calculate HAP • May exceed voucher payment standard • The Housing Authority must allow OFTO if it is needed as a reasonableaccommodation • OFTO is never required • A Housing Authority may implement over FMR.tenancies for up to 10%0 of the certificate program budget Reasonableness of Family Share in OFTO: • The Housing Authority must determine family has enough for non-rent expenses • HA may not approve unless family share is reasonable in relation to family resources and other family expenses such as child care and un-reimbursed medical expenses. Comparability vs. Affordability: -Comparability: rent to owner is reasonable in comparison to market rents -Affordability: Family share of rent is reasonable in relation to family needs. 1196 Admin Plan Rev. 10/99 8-7 Chapter 9 REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION INTRODUCTION [24 CFR 982.305 (a)] After families are issued a certificate or voucher, they may search for a unit anywhere within the jurisdiction of the HA,or outside of the HA's jurisdiction if they qualify for portability. The family must find an eligible unit under the program rules,with an owner/landlord who is willing to enter into a Housing Assistance Payments Contract with the HA. This Chapter defines the types of eligible housing,the HA's policies which pertain to initial inspections, lease requirements, owner disapproval, and the processing of Requests For Lease Approval (RLA). A. REQUEST FOR LEASE APPROVAL [24 CFR 982.305 (b)] The Request for Lease Approval (RLA) and a copy of the proposed Lease must be submitted by the family during the term of the certificate or voucher. The Request for Lease Approval must be signed by both the owner and Certificate/Voucher holder. The lease may be executed up to 60 days prior to contract execution but cannot be executed without approval of the HA. The HA will not permit the family to submit more than one RLA at a time. The HA will review the documents to determine whether or not they are able to be approved. For the Certificate Program,the SIA will determine that the Gross Rent is within the applicable FMR. Inspections The responsibility for inspecting the unit and obtaining the lease signed by the owner, rests with the Housing Authority's unit inspectors. The Unit Inspector will determine rent reasonableness for both the Section 8 Certificate and Voucher Program in accordance with HUD regulations governing each program.HACCC exercises its discretion to reject a rent as unreasonable under the Housing Voucher program if the market is not functioning normally or where families are not able to negotiate reasonable rents or where rent charged to voucher holders exceed those charged to certificate holders in comparable units. Such determination will be based on existing published Fair Market Rent Schedules,market conditions, comparable unit size and unassisted rent levels for the area. 1196 AdminNan Rev.10198 9-1 The Housing Manager will review the owner's lease to insure that it contains no prohibited clauses. Owners will be encouraged to use a standard lease adopted by this Agency. Once the unit has passed inspection and the owner signed lease has been approved by the Housing Manager,the HAP Contract will be executed by a HACCC Housing Manager. The owner and the family will consider such execution as approval by HACCC to provide housing assistance. The family will move into the unit on the scheduled date for occupancy. The PHA staff anticipates that the time needed for inspection and lease approval will be approximately one(1) week.. The owner will be informed of this time factor and the staff will request that the owner not rent the unit during this period to a party other than the certified family. The Request will be approved if - I The unit is an eligible type of housing 2. The unit meets HUD's Housing Quality Standards (and any additional criteria as identified in this Administrative Plan) I The rent is reasonable 4. The security deposit amount is able to be approved. 5. The proposed lease complies with HUD and HA requirements and State and Local Law. 6. The owner is able to be approved,and there are no conflicts of interest. 1/%AdminPlan ftV.10198 9-2 ,:: _... _ _ 7V le.: 7 7 Payment to Owners Once a HAP Contract has been signed with the Owner and Housing Manager,it is forwarded to the Fiscal Department to be processed for payment. There is a maximum turn around of four(4) days for new contracts;thereafter the owner receives the assistance payment,prepaid to be mailed on the last day of each month. Annual adjustments to contract rents for the Section 8 Existing Contracts will be negotiated by the Unit Inspector after making an inspection of the unit and determining rent reasonableness. The negotiated rent will not exceed the applicable Annual Adjustment Factor(AAF) published in the Federal Register unless it is insufficient to compensate the Owner for the requested rent. In such cases the Unit Inspector may renegotiate the contract the contract rent within the Fair Market Rent limit so long as it is reasonable and does not exceed rents being charged for comparable unassisted units. Contract rents will be renegotiated as a last resort and only if the owner will evict the family or not renew the lease at the Annual Adjustment Factor generated rent. The Fiscal Director will determine Affordability adjustments to the Payments Standard under the Housing Voucher Program. Participating families will be advised at the time of their annual reexamination of income if the Agency has adopted an Adjustment Standard Schedule. An Owner's request for special adjustments will be evaluated by referring to all available evidence which supports or disputes the owner's claim. If deemed warranted,the request will by sent to the HUD Area Office with a recommendation for approval. There are no special rent adjustment provisions for Voucher Contracts.Payment of claims for damages or loss of rent under contracts executed prior to January, 1995, due to tenant-caused damages, will be investigated by the Housing Manager. Before payment is authorized, a letter will be mailed to the family at their last known address to advise them of their liability for this claim. Affordability Adjustments-Housing'voucher Program To assure continued Affordability,the Housing Authority may, at its discretion,make annual Affordability adjustments in order to assure that it is providing "affordable housing" opportunities to participants in the Section 8 Housing Voucher Program. Housing will be deemed to be affordable when the Total Tenant Payment does not exceed 30%of the Voucher Participants monthly adjusted income. The method that will be used to calculate "Affordable Housing" is described below: Total Tenant Payment= 30% Monthly Adjusted Income=Affordable Housing On an annual basis the Housing Authority will conduct an "Affordable Housing" analysis to determine the possible need for an Affordability adjustment. The primary information to be used 1196 AdminPlan Rev.10M 9-3 7-41 when considering the need for, and amount of, an Affordability adjustment will be the percent of participant income going towards the cost of housing. Other information that may be considered is the availability and demand for housing in the Private rental market. Utility Allowances Determining any needed revisions to the schedule of allowances for utilities and other services will be done on an annual basis by surveying utility costs and consumption rates with local utility companies. The Housing Authority will then make recommendations to HUD on possible allowance revisions. Utility allowances will be given based on actual size of the unit occupied and not the bedroom size appearing on the certificate or voucher. The Utility Allowance Schedule is attached. Termination of"Tenancy and Family Moves Families who notify the PHA that they wish to move will be instructed on the proper steps to take to ensure that they qualify for continued assistance. The Housing Manager will, in a timely manner, investigate and discuss any problems that the owner or tenant are having to try to resolve the problem. Matters that are related to eviction will be considered as urgent situations and every effort will be made to expedite a resolution as soon as possible. Informal Reviews and Hearings Applicants denied assistance are notified in writing of the decision and their right to request an informal review. Applicants on the waiting list or otherwise denied a federal preference are notified of their right to request a meeting to discuss the decision.Assisted families are advised in writing of an intention to reduce or stop assistance. Such participants are also advised of their right to an informal hearing. HACCC"s Informal Review and Hearing Procedure is attached. B. DISAPPROVAL OF RLA If the HA determines that the Request cannot be approved for any reason,the landlord and the family will be notified in writing. The HA will instruct the owner and family of the steps that are necessary to approve the Request. If the reason for denial is minor and may easily be addressed, the owner may be given 10 calendar days to submit an RLA from the date of disapproval. When, for any reason,an RLA is not approved, the HA will furnish anotherRLA form to the family along with the notice of disapproval so that the family can continue to search for eligible housing. The time limit on the Certificate or Voucher will be suspended while the RIA is being processed. 1196 AdminPlan Rev.10/98 9-4 leY-,P7 9 C. LEASE REVIEW [24 CFR.982.308] The HA will review the lease,particularly noting the legality of optional charges and compliance with regulations and State/local law. Responsibility for utilities, appliances and optional services must correspond to those provided on the Request For Lease Approval. Owners may either submit their own lease or permit the HA to furnish the base. In cases where the owner's lease is used,the HUD lease addendum must be attached and executed. The HA will encourage owners to use a sample tease provided by the HA which includes the HUD-mandated language. House Rules of the owner may be attached to the lease as an addendum, provided they are approved by the HA to ensure they do not violate any fair housing HUD provisions. Separate,.ate Agreements Separate agreements are not necessarily illegal side agreements. Families and owners will be advised of the prohibition of illegal side payments for additional rent, or for items normally included in the rent of unassisted families, or for items not shown on the approved lease. Owners and families may execute separate agreements for services,appliances(other than range, microwave and refrigerator)and other items that are not included in the lease if the agreement is in writing and approved by the HA. Any appliances, services or other items which are routinely provided to unassisted families as part of the lease(such as air conditioning,dishwasher or garage)or are permanently installed in the unit,cannot be put under separate agreement and must be included in the lease. For there to be a separate agreement,the family must have the option of not utilizing the service, appliance or other item. The HA is not liable for unpaid charges for items covered by separate agreements and nonpayment of these agreements cannot be cause for eviction. If the family and owner have come to a written agreement on the amount of allowable charges for a specific item, so long as those charges are reasonable and not a substitute for higher rent, they will be allowed. All agreements for special items or services must be attached to the lease approved by the HA. If agreements are entered into at a later date,they must be approved by the HA and attached to the lease. 1t96 AdminPlan Rev.10199 9-5 e„7y' D. INITIAL INSPECTIONS [24 CFR.982.305 (a)&(b)] See Chapter 10,"Housing Quality Standards and Inspections." E. RENT LLMITATIONS [24 CFR 882.106(a)] Exception Rents will be utilized to: Make accessible units available to persons with disabilities or to increase the housing choices available to low-income families. Only HUD has the authority to impose area exception rents. Housing Authorities retain some exception rent authority when attempting to assist disabled families. Rent reasonableness will still be used as a measure of whether the rent is able to be approved. For the Certificate and Voucher programs,the HA will make a determination as to the reasonableness of the proposed rent in relation to comparable units available for lease on the private unassisted market, and the rent charged by the owner for a comparable assisted or unassisted unit in the building or premises. 1/96 AdminYto Rev.10/98 9-6 F DISAPPROVAL OF PROPOSED REFIT In the Certificate Program, if the Cross Rent proposed exceeds the FMR,the HA may suggest that the owner reduce the Contract Rent or include some or all utilities in Contract Rent. If the owner accepts the offer of a revised rent,the HA will continue processing the Request for Lease Approval and Lease. If the revised rent involves a change in the provision of utilities, a new Request for Lease Approval must be submitted by the owner. If the owner does not agree on the Contract Rent after the HA has tried and Failed to negotiate a revised rent,the HA will inform the family and owner that the lease is disapproved. 1/96 AaminPlan Rev.10/99 9-7 G. INFORMATION TO OWNERS [24 CFR 982.307(b), 982.54 (d)(7)] The HA is required to provide prospective owners with the address of the applicant and the names and addresses of the current and previous landlord if known. The HA will make an exception to this requirement if the family's whereabouts must be protected due to domestic abuse or witness protection. The HA will inform owners that it is the responsibility of the landlord to determine the suitability of prospective tenants. Owners will be encouraged to screen applicants for rent payment history, eviction history,damage to units, and other factors related to the family's suitability as a tenant. The HA will also provide documented information regarding tenancy history for the past five years to prospective landlords. The HA will provide the following information. based on documentation in its possession: * Eviction history * Damage to rental units * Other aspects of tenancy history [which are documented by administrative decisions, court orders ] * Drug Trafficking by family members The information will be provided in writing at the time of RLA. Only the Housing Assistant or Housing Manager may provide this information on the form developed for this purpose. The HA's policy on providing information to owners is included in the briefing packet and will apply uniformly to all families and owners. 1/96 AdminPlan Ray.10/99 9-8 H. C VWWR DISAPPR.t)VAL [24 CFR 982.306) For purposes of this section,"owner" includes a principal or other interested party. The HA will disapprove the owner for the following reasons: The owner is the parent,child, grandparent, grandchild, sister or brother of the Section 8 OFTO,Certificate or voucher holder seeking to rent the unit. The Housing Authority may determine that the approving the unit would provide a reasonable accommodation for a family member who is permanently disabled. HUD or another agency directly related,has informed the HA that the owner has been disbarred,suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD has informed the HA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Acct or other federal equal opportunity requirements and such action is pending. HUD has informed the HA that a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements. At its administrative discretion,the HA may deny approval to lease a unit from any owner for any of the following reasons: * The owner has violated obligations under a housing assistance payments contract under Section 8 of the 1937 Act(42 U.S.C. 1437f). * The owner has committed fraud, bribery or any other corrupt act in connection with any federal housing program. * The owner has engaged in drug trafficking. * The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program- * The owner has a history or practice of renting units that fail to meet State or local housing codes. * The owner has not paid State or local real estate taxes,fines or assessments. 1196 AdminPian Mv.10!98 9-9 All owner disqualifications must be submitted to the Director of Housing Operations for approval. Decisions to disqualify as a result of administrative discretion will take into consideration the following factors: •The harm that would result to the family if the Housing Authority does not approve the contract; The harm caused by the Owner's violation of the program; • Any actions taken by the Owner to cure program violations; and The cost involved in the program violation, including money and agency time. All owner disqualifications under this policy must be submitted to the Director of Housing Operations for approval. Decisions to disqualify will be considered on a case-by-case basis; an owner recommended for disqualification by a Housing Manager may present facts he/or she believes counsels against disqualification to the Director of Housing Operations in writing. Owners disqualified from participation from the program may request to be reconsidered after a year has passed from the date of disqualification. The Director of Housing Operations will consider such requests according to the considerations-discussed above and any curative actions taken by the Owner since the disqualification. L CHANGE IN TOTAL TENANT PAYMENT ajYj PRIOR TO HAP EFFECTIVE :DATE When the family reports changes in factors that will affect the Total Tenant Payment(TTP)prior to the effective date of the HAP contract,the information will be verified and the TTP will be recalculated. If the family does not report any change,the HA need not obtain new verifications before signing the HAP Contract,even if verifications are more than 60 days old. J CONTRACT EXECUTION PROCESS [24 CFR 982.305(c)] The HA prepares the Housing Assistance Contract for execution. The family and the owner will execute the Lease agreement,and the owner and the HA will execute the HAP Contract. Copies of the documents will be wished to the parties who signed the respective documents. * For new owners,the documents are signed at a Signature Briefing attended by the owner, family,and a representative of the HA,usually the unit inspector. The briefing covers the responsibilities and roles of the three parties. * The HA also provides group briefings for new owners and any other owners who wish to attend. 1/%AdminPlan Rev.10/98 9-10 The HA makes every effort to execute the HAP Contract before the commencement of the lease term. The HAP Contract may not be executed more than 60 days after commencement of the lease term and no payments will be made until the contract is executed. The following HA representative(s) is/acre authorized to execute a contract on behalf of the HA: Housing Managers upon receipt of the owner-signed documents from the unit inspector. * +Owners must provide the current address of their residence (not a Post Office box)as well as their federal Tax ID number,and phone number. If families lease properties owned by relatives, the owner's current address will be compared to the subsidized unit's address. Owners must also submit proof of ownership of the property, such as a Grant Deed or flax Bill, and a copy of the Management Agreement if the property is managed by a management agent upon request. * The owner must provide a business or home telephone number. IK. CHANGE IN OWNERSHIP A change in ownership does require execution of a new contract. The HA will process a change of ownership only upon the written request of the new owner and only if accompanied by a copy of the escrow statement or other document showing the transfer of title and the Employer Identification Number or Social Security number of the new owner. 1/96 Adminnan Rev.10198 9-11 G. RENT ADJUSTMENTS [24 CFR 982.509] Certificate Pro, ram The HA will notify owners of their right to request a rent adjustment in advance of the anniversary date. The approval or disapproval decision regarding the adjustment will be based on HUD-required calculations and a rent reasonableness determination. The adjustment may be an increase or a decrease,but may never result in a contract rent lower than the initial contract rent on the current HAP Contract. Annual Rent Adjustments • Owners must request the rent adjustment in writing. • Rents may be adjusted up or down • Owner must be in compliance with HAP contract, including HQS • Rent to owner will be adjusted the later of: -the contract anniversary date -64 days after the HA receives the owner's request • Adjustments are not retroactive • To obtain a rent increase from the anniversary date,the owner must request it 60 days in advance of the anniversary date, • A notice of rent change will be sent to the owner and the family. • Rent increases must pass the rent reasonableness test and may not exceed the Adjustment Factor published annually by HUTS (even if justified by rent reasonableness) unless the owner requests a Special Adjustment to be approved by HUD and the HA to cover increases in property takes, assessments,or utility rates. Disapproval of Requests for Adjustment If the HA rejects the owner's request for rent adjustment as exceeding rent reasonableness and the owner rejects the HA's determination(both the unit inspector and housing manager),the owner may offer the tenant a new lease(after receiving the HA's approval)with a sixty-day notice to the tenant~ If the tenant refuses or the owner does not offer a new base(See Leases),the owner may institute court action to terminate,tenancy. The HA will issue a new Certificate to the family, prior to issuing a new certificate,the HA and owner are encouraged to attempt to resolve the situation with the least disruption to all parties. 11%AdminPIM Rev.10198 11-6 After the tenant has begun searching for a new housing unit and/or after court action has been initiated,the owner may decide to accept the current lease. If the owner and tenant agree,the lease can continue. If the tenant accepts the offer of a new lease,an RLA must be submitted and the requested rent subjected to rent reasonableness and,for the certificate program,the FMR limitations. If a new lease is executed, a new Contract must also be executed. Voucher Program Owners may not request rent adjustments in the Voucher Program to be effective prior to the expiration of the first year of the lease. Rent adjustments are effective: With a sixty-day notice to the family and a copy to the HA.The HA will advise the family as to whether the rent is reasonable and shall approve or disapprove the rent adjustment. 1/%AdmMan ftv.10198 11-7 e. Chapter 16 OWNER DISAPPROVAL AND RESTRICTION INTRODUCTION It is the policy of the HA to and recruit owners to participate in the program; and to provide owners with prompt and professional service in order to maintain an adequate supply of available housing throughout the jurisdiction of the HA. The regulations define when the HA must disallow an owner participation in the program,and they provide the HA discretion to disapprove or otherwise restrict the participation of owners in certain categories. This Chapter describes the criteria for owner disapproval,and the various penalties for owner violations. The Housing Authority will not enter into HAP contracts with Owners with a history of serious or repeated violations under the Section 8 program rules,or HACCC policy and procedures. All owner disqualifications under this policy must be submitted to the Director of Housing Operations for approval. Decisions to disqualify will be considered on a case-by-case basis; an owner recommended for disqualification by a Housing Manager may present facts he or she believes counsels against disqualification to the Director of Housing Operations in writing. Owners disqualified from participation from the program may request to be'reconsidered after a year has passed from the date of disqualification. The Director of Housing Operations will consider such requests according to the considerations discussed below and any curative actions taken by the owner since the disqualification. A. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54 (d)(8),982.306 (d)] The owner does not have a right to participate in the program. For purposes of this section, "owner" includes a principal or other interested party. The HA will disapprove the owner for the following reasons: The owner is the parent,child, grandparent, grandchild, sister or brother of the Section 8 voucher,OFTO,certificate holder seeking to rent the unit. The Housing Authority may provide reasonable accommodation to a person with disabilities. History of serious and repeated violations under the Section 9 program,rules, or HACCC policy and procedures. HUD or other agency directly related has informed the HA that the owner has been disbarred,suspended,or subject to a limited denial of participation under 24 CFR part 24. 1/%Admbd4m 16-1 (7 HUD has informed the HA that the federal government has instituted an administrative or judicial action:against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending. HUD has informed the HA that a court or administrative agency has determined that the has owner violated the Fair Housing Act or other federal equal opportunity requirements. *The owner has violated obligations under a housing assistance>payments contract under Section.8 of the 1937 Act(42 U.S.C. 1437f). *The owner has committed fraud,bribery or any other corrupt;act in connection with any federal housing program. * The owner has engaged in drug trafficking. * The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program. * The owner has a history or practice of renting units that fail to meet State or local housing codes. * The owner has not paid State or local real estate taxes,fines or assessments. B. OWNER RESTIt1C:CLONS AND PENALTIES [24 CFR 982.302(a)(8), 982.4531 I€an owner commits fraud or abuse or is guilty of frequent or serious contract violations,the HA will restrict the owner from future participation in the program for a period of time commensurate with the seriousness of the offense.The HA may also terminate some or all contracts with the owner. Before imposing any penalty against an owner the HA will review all relevant factors pertaining to the case,and will consider such factors as the owner's record of compliance and the number of violations. t/96 AamMen 16-2 .. ............................................................................................................................................................................................................. ....... ._...................._.. .......... ......... ........... ..._._... ......._................ _........ ........... .._.._....._._.... c° Relatives are not automatically excluded from being live-in aides,but they must meet all of the elements in the live-in aide definition described above. Family members of a live-in attendant may also reside in the unit providing doing so does not increase the subsidy by the cost of an additional bedroom and that the presence of the live-in's family members does not overcrowd the unit. A Live in Aide may only reside in the unit with the approval of the HA. The applicant/participant must submit the name of the individual he/she wants to appoint as the live-in aide,social security number and current and prior address. This must be submitted for approval prior to moving into the unit. Any subsequent live-in aide will also be required to be submitted for approval before he or she will be authorized to move into the unit. Written verification which establishes the need for care will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker. The verification provider must certify that a live-in aide is needed for the care of the family member who is elderly,near-elderly(50-61)or disabled. The HA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR.part 8 to make the program accessible to and usable by the family member with a disability(982.402 9b)(6). However the Housing Authority may refuse a particular pers©n as a live-in aide,or may withdraw such approval,if.• (1) The person commits fraud,bribery or any other corrupt or criminal activity; or (2) The person commits drug-realted criminal activity or violent criminal activity; or(3)The person currently owes rent or other amounts to the HA or to another HA in connection with Section 8 or public housing assistance under the 1937 Act(24 CFR.982.316. [Emphasis added.] Split Households Prior to CertiflcateNoucher Issuance When a family on the waiting list splits into two otherwise eligible families, and the new families both claim the same placement on the waiting list,only one certificate will be issued. The HA will make the decision as to which family member receives the certificate taking into consideration the following factors: 1. Which family member applied as head of household.. 2. Which family unit retains the children or any disabled or elderly member 3. Restrictions that were in place at the time the family applied. 4. Role of domestic violence in the split. 5. Recommendations of social service agencies or qualified;professionals such as children's protective services. Documentation of these factors is the responsibility of the applicant families. If either or both of the families do not provide the documentation,they may be denied placement on the waiting list for failure to supply information requested by the HA. Admin Plan Revised 10/96,6/97,10/98 24 D. NOTIFICATION OF APPLICANT STATUS If after a review of the preapplication the family is determined to be preliminarily eligible, they will be notified in writing, in an accessible format upon request, as a reasonable accommodation. The notice will contain the approximate date that assistance may be offered, and will further explain that the estimated date is subject to factors such as turnover and additional funding. This written notification of preliminary eligibility will be: mailed to the applicant by first class mail. If the family is determined to be ineligible based on the information provided in the preapplication,the SIA will notify the family in writing (in an accessible format upon request as a reasonable accommodation), state the reason(s), and inform them of their right to an informal review.Persons with disabilities may request to have an advocate attend the informal review as an accommodation. See Chapter 19,"Complaints and Appeals." E. TIME OF SELECTION When funding is available, families will be selected from the waiting list in sequence, regardless of family size. When there is insufficient funding available for the family at the top of the list, the HA will not admit any other applicant until funding is available for the first applicant. Applicants will not be passed over on the waiting list. A pool of completed eligible applicant files will be maintained to minimize delays in admissions when funding becomes available. However,families are still offered certificates or vouchers in the waiting list sequence. Based on the HA's turnover and the availability of funding,groups of families will be selected from the waiting list to form a final eligibility "pool." Selection from the pool will be based on waiting list sequence/completion of verification. F. COMPLETION OF A FULL APPLICATION All information claimed on the pre-application or while the family is on the waiting list will be verified: * Upon receipt of the preliminary application and prior to placement on the waiting list * After the family is selected from the waiting list,and prior to completing the full application 1/96 AdminPtan Rev. 9/96,10/98 3-6 When the HA is ready to select applicants, applicants will be required to: * Participate in a full application interview with an HA representative during which the applicant will be required to furnish complete and accurate information verbally as requested by the interviewer.The HA interviewer will complete the full application farm with answers supplied by the applicant.The applicant will sign and certify that all information is complete and accurate. The full application will be mailed/communicated as requested as an accommodation to a person with a disability in advance,to be return completed when the applicant attends the interview]. Requirement to Attend Interview The HA utilizes the full application interview to discuss the family's circumstances in greater detail,to clarify information which has been provided by the family, and to ensure that the information is complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other HA services or programs which may be available. All adult family members are required to attend the interview and sign the housing application. It is the applicant's responsibility to reschedule the interview if s/he misses the appointment. If the applicant misses scheduled meetings,the HA will reject the application. if an applicant fails to appear for an interview without prior approval of the HA,their application will be denied unless they can provide acceptable documentation to the HA that an emergency arose. Reasonable accommodation will be made for persons with a disability who requires an advocate or accessible offices. A designee will be allowed to provide some information, but only with permission of the person with a disability. If an application is denied due to failure to attend the full application interview,the applicant will be notified in writing and offered an opportunity to request an informal review. (See Chapter 19, "Complaints and Appeals.") All adult members must sign the HUD Form 9886, Release of Information.,the application form and all supplemental forms required by the HA,the declarations and consents related to citizenship/immigration status and any other documents required by the HA.Applicants will be required to sign specific verification forms for information which is not covered by the HUD form 9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and release as required by the HA. Information provided by the applicant will be verified including information related to family composition, income, allowances and deductions, assets,eligible immigration status, full time student status and other factors related to preferences,eligibility and rent calculation. Verifications may not be more than 60 days old at the time of certificate/voucher issuance. 1/96 AdminPtan Rev. 9196,10/98 3-7 _. ...._. _........ ......... ......... ......... ......... ......... ......... ... _..... .. ........ ........... .. ......_.. ......... ......... ......... .._.._... ......... ......... ......... ......... ......... ......... If the HA determines at or after the interview that additional information or document(s)are needed,the HA will request the documents)or information in writing. The family will be given 10 days to supply the information. If the information is not supplied in this time period,the HA will provide the family a notification of denial for assistance. (See Chapter 19, "Complaints and Appeals.") G. SELECTION OF CERTIFICATE,OVER FAIR MARKET TENANCY CERTIFICATE(OFTO)OR VOUCHER j24 CFR 982.205 (c)(2)] The HA provides an explanation of the differences between the Certificate, OFTO and Voucher programs orally and/or in writing, and the applicant is asked to specify which type of assistance they prefer, and to indicate if they would accept the other form of assistance.', The family must decide on which form of assistance (Certificate or Voucher)they prefer. If the form of assistance preferred is available,it will be offered to the applicant. The applicant may refuse the first form of assistance offered and retain their place on the waiting list until the other form of assistance is available. If the applicant then refuses the other form of assistance, they will be rejected and their name removed from the waiting list. (See Chapter 19, "Complaints and Appeals") H. FINAL DETERMINATION ANI)NOTIFI!QATION OF ELIGIBILITY After the verification process is completed,the HA will make a final determination of eligibility. This decision is based upon information provided by the family,the verification completed by the HA, and the current eligibility criteria in effect. If the family is determined to be eligible,the HA will mail a notification of eligibility. A briefing will be scheduled for the issuance of a certificate or voucher and the family's orientation to the housing program. 1/96 AdminPtan Rev. 9/96,10/98 3-8 Chapter 4 ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST INTRODUCTION It is the HA's objective to ensure that the families are placed in the proper order on the waiting list so that an offer of assistance is not delayed to any family,or made to any family prematurely. This chapter defines the eligibility criteria and explains the HA's application system. By maintaining an accurate waiting list,the HA will be able to perform the activities which ensure that an adequate pool of qualified applicants will be available so that program funds are used in a timely manner. It is the Housing Authority's policy to accept and process applications for the;Section 8 Rental Assistance Program following applicable HUD Handbooks and Regulations. When the Authority receives new increments of Section 8 Certificates or Vouchers, applications will be taken by phone. Applications for the special sub-programs, such as Rental Rehabilitation, may be filed in person at the Housing Authority Field Offices. Applications for the Moderate Rehabilitation Program(Mod Rehab)are handled at the Central Waiting List Office. The Authority will take applications from all persons apparently eligible for Section 8 assistance, unless the waiting list is so oversubscribed that it is likely that only those with preferences will be helped over the next year. If the waiting list is open,the Housing Authority will not refuse to take applications from apparently eligible families unless there is good cause for not accepting applications(such as a denial of assistance because of action or inaction by the family) for grounds specified in the HACCC Section 8 Policy Manual and HUD regulations. All applications will be placed on a centralized, county-wide waiting list based on applicable preferences for applicant selection,and the time and date of filing. The Authority places all Section 8 applicants on the same waiting list,noting each applicant's preferences for a Certificate or Housing Voucher. Applicants will be notified of how long they may expect to be on the waiting list before being offered assistance. It is Housing Authority policy to administer the waiting list in a way that is consistent with the objectives of Title VI of the Civil Rights Act of 1964 and HUD implementing regulations. The Central Waiting List/Portability Office maintains the Section 8, Public Housing and Mod Rehab waiting lists. Opening the Waiting List The Section 8 Waiting List is currently closed. When the Housing Authority opens the waiting list, it will give public notice in accordance with the policy outlined in the section"Program Outreach" in Chapter 1 of this plan. 4198 AdmWlan Rev.10/98 4-1 ........ _ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... _....... ........... ......... ......... ......... A. ORGANIZATION OF WAITING LIST The Housing Authority maintains information that permits it to select participants from the waiting list in accordance with admissions policies established in this Section 8 Administrative Policy Manual. The waiting list must contain the following information for each applicant listed: (1) applicant name; (2)family size(number of bedrooms the family qualifies for under HACCC's Occupancy Standards); (3)qualification for a local ranking and(4)racial or ethnic designation of the head of household. The waiting list will be maintained in accordance with the following guidelines: 1. The application will be a permanent file 2. All applicants in the pool will be maintained in order of preference. Applications equal in preference will be maintained by date and time sequence. 3. All applicants must meet"Very Low Income" eligibility requirements as established by HUD. Any exceptions to these requirements,other than those outlined in Chapter 2, "Eligibility for Admission," must have been approved previously by the HUD Field Office Special Admissions If HUD awards the Housing Authority program funding that is targeted to families living in specified units: (1) The Housing Authority must use the assistance for the families living in such units and (2)The Housing Authority may admit a family that is not on the Housing Authority waiting list or without considering the family's waiting list position. HACCC must keep records showing that the family was assisted with HUD targeted assistance. Applicants admitted under targeted funding are identified by codes in the automated system and are not maintained on separate lists 4/98 AdmiWan Rev.10/98 4-2 Examples of -IUD-targeted funding include the following: *A family displaced because of the demolition or disposition of a public housing project; * A family residing in a multifamily rental housing project when HUD sells, forecloses, or demolishes the project * A family residing in a project covered by a project-based Section 8 contract at or near the end of the term, and other examples detailed in the agency Sec 8 manual (Chapter 3, page 3). B. WAITING LIST POSITION An applicant will not be granted any priority if any member of the family has been evicted from any federally assisted housing during the past three years because of drug-related or violent criminal activity. In determining whether to deny assistance based on drug-related or violent criminal activity, the Housing Authority will exercise its discretion. The Authority may deny or terminate assistance if evidence shows that a family member has engaged in such activity despite whether the family member has been arrested or convicted. The HACCC will consider all of the circumstances in each case including the seriousness of the offense and the effects that the denial or termination would have on family members not involved in the activity. In appropriate cases,the HACCC may permit remaining members of the family to continue receiving assistance and may impose a condition that family members engaged in the proscribed activities will not reside in the unit and/or require a family member who has engaged in the illegal use of drugs to submit evidence of successful completion of a treatment program as a condition of being allowed to reside in the assisted unit. The Housing Authority will employ the considerations described in this section as warranted by the factual situation. If an applicant makes a false statement in order to qualify,the Housing Authority will deny admission to the program for the family. ]lees of ARplicants With Preference Over"Other Singles": Applicants who are elderly or disabled households(whether single or not) and single persons displaced by government action will be given a selection priority over all"Other Single" applicants. 4/98 AdminP an Rev.10/98 4-3 __. ......._. ......... ......... ......... .......__..._..... ...... ........ .............. ......__. ......... ......... ......... ._...... ......... ......... ......... ......... ......... ......... _. ....._......_...__._.. ................................ "Other Singles" denotes a one-person household in which the individual member is neither elderly, disabled,or displaced by government action. Such applicants will be placed on the waiting list in accordance with their preferences, but can not be selected for assistance before any elderly family, disabled family or displaced single. 4/98 AdntWlan Rev.10198 4-4 C. PREFERENCE CATEGORIES [24 CFR 982.211-213] The Department of Housing and Urban Development has given Housing Authorities the option of not utilizing federal preferences. As a result,the Housing Authority of the County of Contra Costa no longer uses a federal preference point system. The Authority has chosen to assign each family priority on the waiting list on a first-come, first-served basis . The determination is based on date and time of application. Single individuals: In accordance with federal regulations,the Housing;Authority will extend priority to Elderly families(including Disabled Persons and Handicapped Persons) and Displaced Persons over other single persons. Previously, applicants who are entitled to a preference by Federal regulations included those: involuntarily displaced; currently living in substandard housing(including homeless families). currently paying more than 50%of their income for rent and utilities("Rent Burden"). Opting to operate without the necessity of verifying preferences at the initial interview means that families on the waiting list may be served sooner and that the Housing Authority will be better able to reach its full leasing capacity D. SPECIAL ADMISSIONS [24 CFR.982.203,982.54(d)(3)] If HUD awards an HA programm funding that is targeted for specifically named families,the HA will admit these families under a Special Admission procedure. Special admissions families will be admitted outside of the regular waiting list process. They are not required to be on the program waiting list. The HA maintains separate records of these admissions. The following are examples of types of program funding that may be designated by HUD for families living in a specified unit: 1. A family displaced because of demolition or disposition of a public or Indian housing project; 2. A family residing in a multifamily rental housing project when HUD sells, forecloses or demolishes the project; 3. For housing covered by the Low Income Housing Preservation and Resident Homeownership Act of 1990; 4. A family residing in a project covered by a project-based Section 8 HAP contract at or near the endof the HAP contract term; and 4/98 AdminPlan Rev, 10198 4-5 5 5. A non-purchasing family residing in a HOPE 2 or HOPE 2 project. H. TARGETED FUNDING When HUD awards special funding for certain family types, families who qualify are placed on the regular waiting list. When a specific type of funding becomes available,the wait%ng list is searched for the first available family meeting the targeted funding criteria. The HA has the following"Targeted" Programs: *Family Unification *Designated Housing Allocation Plan— Non-elderly disabled on HUD Assisted P.H. Waiting List * Family Self Sufficiency • Homeless Assistance Program * Shared Housing • Shelter Plus Care • Rental Rehab Program F. CONTINUING ELIGIBILITY WHILE ON WAIT LIST [24 CFR 982.210 (c) (3-4)] Change in Circumstances Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to a assistance.Applicants are required to notify the HA in writing when their circumstances change. Cross-Listing of Public Housing and Section 8 The HA will not merge the waiting lists for public housing and Section 8. However, if the Section 8 waiting list is open when the applicant is placed on the public housing list,the HA must offer to place the family on both lists. If the public housing waiting list is open at the time an applicant applies for Section 8,the HA must offer to place the family on the public housing waiting list. G. ORDER OF SELECTION [24 CFR 982.207 (e), 982.210(a)(b)] The order of selection is based on date and time of application and the HUD requirement that elderly and disabled families and displaced singles will always be selected before other singles. 4/98 AdminPlan Rev. 10/98 4-6 t Among Applicants with Equal Status The waiting list will be organized by date and time. Under the singles rule,elderly and disabled families and displaced singles will always be selected before other singles. H. FINAL VERIFICATION [24 CFR.982.210 (c) (3)(4)] Information on applications will be updated as applicants are selected from the waiting list. At that time,the HA will. Obtain necessary verifications of family's status at the interview and mail third party verifications as applicable. 1. FALSE STATEMENTS [24 CFR.982.55 1] If the applicant falsifies documents or makes false statements in order to qualify,they will be removed from the Waiting List. J. REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204(c)] If an applicant fails to respond to a mailing from the HA,the applicant will be sent written notification and given 30 days to contact the HA. If they fail to respond within 30 days they will be removed from the waiting list.An extension will be considered an accommodation if requested by a person with a disability. If a letter is returned by the Post Office without a forwarding address,the applicant will be removed without further notice, and the envelope and letter will be maintained in the file. If a letter is returned with a forwarding address, it will be re- mailed to the address indicated. If an applicant is removed from the waiting list for failure to respond,they will not be entitled to reinstatement unless by the instruction of the Director of Housing Operations. The waiting list will be purged twice a year by a mailing to all applicants to ensure that the waiting list is current and accurate. The mailing will ask for current information and confirmation of continued interest. Applicants are required to contact the HA in writing when there is a change of address to confirm their continued interest. The HA will give written notification to all applicants who fail to respond at the requiredtimes. If they fail to respond to this notification,they will be removed from the waiting list. 4198 AdminPlan ` Rev,10/98 4-7 N. REDUCTION IN BENEFITS If the family's benefits, such as social security, SSI or AFDC, are reduced through no fault of the family;the HA will use the net amount of the benefit. If the family's benefits were reduced due to family error, omission, or misrepresentations,the HA will use the gross amount of the benefit. O. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS [24 CFR.982.517, 982.5141 The same Utility Allowance Schedule is used for both Certificates, OFTOs and Vouchers. The Utility allowance is intended to help defray the cost of utilities not included in the rent and is subtracted from Total Tenant Payment to establish the family's rent to the landlord. The allowances are based on actual rates and average consumption studies,not on a family's actual consumption.The HA will review the Utility Allowance Schedule on an annual basis and revise it if needled. The approved utility allowance schedule is given to families along with their Certificate or Voucher. The utility allowance is based on the actual unit size selected. Where the Utility Allowance exceeds the family's Total Tenant Payment, the HA will provide a Utility Reimbursement Payment on behalf of the family. If the Housing Assistance payment exceeds the rent to owner(formerly contract rent),the Housing Authority may pay the balance of the housing assistance payment either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. 1/96 AdminPlnn Revised 10/96,10/99 6-11 Failure to Provide. If an applicant or participant family member fails to sign required declarations and consent forms or provide documents, as required,they must be listed as an ineligible member. If the entire family fails to provide and sign as required,the family may be denied or terminated for failure to provide required information. Time of Verification. For applicants,verification of U.S. citizenship/eligible immigrant status occurs at the same time as verification of other factors of eligibility for final eligibility determination.For participants, it is done at the first regular recertification after June 19, 1995. For family members added after other members have been verified,the verification occurs at the first recertification after the new member moves in. Once verification has been completed for any covered program, it need not be repeated except that, in the case of port-in families,if the initial HA does not supply the documents,the HA must conduct the determination. Extensions of Time to Provide Documents. Extensions must be given for persons who declare their eligible immigration status but need time to obtain the required documents. The length of the extension shall be based on individual circumstances. The HA will generally allow up to 10 days to provide the document or a receipt issued by the INS for issuance of replacement documents. Acceptable Documents of Eligible Immig ation. The regulations stipulate that only the following documents are acceptable unless changes are published in the Federal Register. Resident Alien Card(I-551) Alien Registration Receipt Card(I-151) Arrival-Departure Record.(1-94) Temporary Resident Card(I-688) Employment Authorization Card(I-688B) Receipt issued by the INS for issuance of replacement of any of the above documents that shows individual's entitlement has been verified A birth certificate is not acceptable verification of status. All documents in connection with U.S. citizenship/eligible immigrant status must be kept five years. 1/'96 AdmMan Revised 10/96 7-7 11 ..__..... ......... ......... ._....... ......... ......... .._.... .. . ._............ ...... ......... ......... ......_. ......... ._....... ......... ......... ......... ......... ......... ......... I Prohibition of Preference for AWficants Evicted for Drug Related Cn rninal Activity. The Housing Authority will not give any preference to an applicant if any member of the family is a person who was evicted from housing assisted under the Housing Act of 1937 during the past three years because of drug-related criminal activity. However,the Housing Authority may admit someone in any of the following cases: (1) HACCC determines that the evicted person has successfully completed a rehabilitation program approved by the Housing Authority; (2) HACCC determines that the evicted person clearly did not participate in or know of the drug- related criminal activity; or(3) HACCC determines that the evicted person no longer participates in drug-related criminal activity. Method of Selection. The Housing Authority selects among applicants on the waiting list with by date and time of application. Admission of Elderly Families and Displace Persons Over Single Persons The Housing Authority complies with HUD regulations requiring the Housing Authority to give priority to a family whose single member is a displaced person or whose head or spouse or single member is an elderly person or a disabled person over a single person who isnot elderly or displaced. 1196 AdminPlan Revised 10196 7-10 Chapter 8 CERTIFICATENOUCHER ISSUANCE AND BRIEFINGS INTRODUCTION The HA's objectives are to assure that families selected to participate are successful in obtaining an acceptable housing unit, and that they have sufficient knowledge to derive maximum benefit from the program and to comply with program requirements. When families have been determined to be eligible,the HA will conduct a mandatory briefing to ensure that families know how the program works. The briefing will provide a broad description of owner and family responsibilities,HA procedures, and how to lease a unit. The family will also receive a briefing packet which provides more detailed information about the program. This Chapter describes how briefings will be conducted, the information that will be provided to families;and the policies for how changes in the family composition will be handled. A. ISSUANCE OF CERT ICATESIAND OVER FAIR L4ARKET;RENT TENANCY CERTIFICATES (UFTUs)NQUCHERS [24 CFR 982.204(d),982.54 (d)(2)] When funding is available,the HA will issue Certificates,Over Fair Market Tenancy Certificates (OFTOs) and Vouchers to applicants whose eligibility has been determined.The issuance of Certificates and Vouchers must be within the dollar limitations set by the ACC budget. The number of Certificates and Vouchers issued must ensure that the HA stays as close as possible to 100%lease-up. The HA performs a computer generated monthlycalculation to determine whether applications can be processed and the number of Certificates and Vouchers that can be issued. B. BRIF G TYPES AND REQUIRED TT NIDA CE [24 CFR 982.3011 Initial Annlicant Briefing A full HUD-required briefing will be conducted for applicant families who are determined to be eligible for assistance.'The briefings are conducted in groups meetings. Families who attend group briefings and still have the need for individual assistance will be referred to the Central Waiting List Supervisor. Briefings for the Certificate Program, UFTO and the Voucher Program will be held separately. Briefings will be conducted in English with bi-lingual staff available to assist with Spanish translations. 1/96 Admin Plan Rev.10198 The purpose of the briefing is to explain the documents in the Certificate/OFTO/Voucher holder's packet to families so that they are fully informed about the program. This will enable them to utilize the program to their advantage, and it will prepare them to discuss it with potential owners and property managers. The person will also describe how the program works and the relationship between the family and the owner,the family and the HA, and the HA and the owner. The HA will not issue a Certificate or Voucher to a family unless the household representative has attended a briefing and signed the Certificate or Voucher.Applicants who provide prior notice of inability to attend a briefing will automatically be scheduled for the next briefing. Applicants who fail to attend two scheduled briefings, without prior notification and approval of the HA, may be denied admission based on failure to supply information needed for certification. Briefing Packet When a family initially receives a Certificate of Family Participation, OFTO or a Housing Voucher, or is issued a transfer Certificate or Voucher,a full explanation of the following shall be provided to help the family: • Family obligations under certificate/voucher and lease • Owner responsibilities under the Lease and Contract; • How to find a suitable unit; • How the "housing search clock" works; • The general locations and characteristics of the full range of neighborhoods in which the Housing Authority is able to contract and units of suitable price and quality may be found; • Significant aspects of applicable Federal, State, and Local laws, particularly concerning fair housing; • Applicable Fair Market Rents and rent reasonableness •How the Authority determines Total Tenant Payment and the Total Tenant Rent and the housing assistance payment for the Certificate program and OFTO program; • An explanation of the Payment Standards for the Voucher program; • How the housing assistance payment is computed, the incentive for selecting a unit for less than the Payment Standard,and the minimum rent the family must pay under the Voucher program; • The family's right to obtain copies of the lease, lease addendum, Housing Quality Standards, the Contract, request for lease approval and other pertinent documents; • The advisability and availability of blood lead level screening for children under six (6)years of age; • The features of and difference between the Certificate Program and the Housing Voucher Program; •HQS Checklist • Information on Family Self Sufficiency • Information on housing opportunities through out the area; 1/96 Admin Plan Rev.10/98; 8-2 ....._.._.. ......... ......... ......... ...._.... .._...... ......... ......_.... .......... .__._.._.. ....._.........._....... Information on portability, • Procedures for moving with continued assistance, •Housing Authority policy on absences from the assisted unit, • Housing Authority policy on security deposits and damage claims; • and Active encouragement to families to consider the Certificate or Voucher as a means of finding housing in any non-impacted area; copies of the Rental Referral List • Terms of the Certificate or voucher, • HA Policy on providing information about families to prospective owners, • Information regarding the family obligations of the program; • Information regarding grounds for termination because of family action or failure to act; • housing Authority policy on informal reviews/hearings • Procedures for notifying the HA and/or HUD of program abuses • Requirements for reporting changes between certifications • Information of Security Deposits •Information on Legal Referral Services and Landlord mediation services The Housing Authority conducts these briefings on a group basis and to provide participating families adequate opportunity to raise questions and discuss information. The Supervisor of the Central Waiting List/Portability Office generally conducts the briefings for initialparticipants, with Housing Managers taking over in her absence. Housing Managers brief transfer Certificate or Voucher recipients. The HA will conduct individual briefings for families with disabilities at their home, upon request by the family, if required for reasonable accommodation. During the briefing the Authority staff will discuss relevant information about the availability of local community resources for which families could apply to complement their housing assistance, such as food stamps,job training, budget counseling and work incentive programs. Families who report alleged discrimination will be assisted in filling out the appropriate HUD discrimination forms. At the time of the briefing,the family is given a booklet with the name and phone number of local Fair Housing Agencies, and HUD, who will assist them with complaints. Terms of Certificates/OFTOsNouchers The Certificate of Family Participation or Housing Voucher is valid for 64 days. The participating family must locate an apartment or house and submit a Request for Lease Approval within that time. Request for Extension of Initial Certificate or Voucher If a Certificate/Voucher expires or is about to expire, a family may submit the Certificate/Voucher to the Housing Authority with a request for extension. Requests for extension must be submitted to the Central Waiting List/Portability Supervisor. The Central Waiting List/Portability Manager will review the family's efforts to locate a suitable unit,the 1/96 Admin Pian Rev.10/98 8-3 .......................................................................................................................................................................................... . . . ........................................................................................................................................................... ..................................... problems encountered, and figure out ways the Authority could help. If the Central Waiting List/Portability Manager believes that there is a reasonable possibility that the family will find a suitable unit, the Authority may grant one or more extension not to exceed 60 days. In other words,the greatest possible time a family may have to search for a unit is 120 days. Expiration of a Certificate/OFTONoucher does not preclude the family from filing a new application for another Certificate/OFTO/Voucher when application taking resumes. Requests for Extension of Transfer Certificate or Voucher If a transfer Certificate/Voucher expires or is about to expire, a family may submit the Certificate/Voucher to the Housing Authority with a request for extension. Requests for extension for transfer CertificatesNouchers must be submitted to the Housing Manager of the field officer administering the Certificate or Voucher. The Housing Manager will review the family's efforts to locate a suitable unit,the problems encountered, and find ways the Authority could help. If the Housing Manager believes that there is a reasonable possibility that the family will find a suitable unit,the Authority may grant one or more extension not to exceed 60 days. Expiration of a Certificate/Voucher does not preclude the family from filing'a new application for another CertificateNoucher. Requests to Exchange Type of Assistance A Certificate holder may request to be issued a OFTO or Housing Voucher in exchange for a Certificate and visa-versa. It is HACCC policy to comply with HUD regulations that require the Authority to exchange the Certificates for Housing Vouchers, or the reverse, if the type of assistance sought is available at the time of the request. Housing Vouchers Exchanged for Certificates If a Housing Voucher was exchanged for a Certificate,the initial term and extended term are measured by the date of the Housing Voucher's issuance. Conversely, if a Certificate was exchanged for a Voucher,the initial term and extended term are measured by the date of the Certificate's issuance. "Housing Search Clock." The "clock" begins to run on participants' search for a unit with the date of the briefing session. When counting the number of days the family has to find a suitable unit,the clock stops ticking when the family submits a Request for Lease Approval.The clock resumes(1)if the unit fails inspection; (2)the Owner elects to cancel the Request; or(3)HACCC did not approve the unit for any reason. The Housing Search Clock will toll when a participant is physically unable to search for housing due to hospitalization or other extreme situation beyond his or her control. 1/96 Admin Plan Rev.10/98 8-4 ............................................................................................... . ............................................................................................................................................................................................................................. .......... ......... ......... ......... ......... ......... ..._..... ......... ......... ......... ......... ......... ......... Transfer Certificate or Vouchers for Participating Families Subject to the availability of Annual Contribution authorization and the participant's eligibility for continued participation,HACCC will issue a"transfer" Certificate or Voucher to a qualified assisted family who wishes to move to another unit. Transfer Certificates orVouchers will be issued to assisted families who are required to move for no fault of their own, such as an increase or decrease in family size or natural disaster. Housing managers will conduct briefings for families who want to transfer at the time the transfer certificate is issued. Assistance to Certificate/Voucher Holders Families who require additional assistance during their search may call the HA Office to request assistance. Certificate and Voucher holders will be notified at their briefing session that the HA periodically updates the listing of available units and how the updated list may be obtained. The HA will assist families with negotiations with owners and provide other assistance related to the families' search for housing. C.OWNER BRIEFINGS Briefings are held for owners annually. All owners receive a personal invitation to attend and are notified by mail. Owners unfamiliar with the Section 8 program are also recruited and invited to attend. D. ENCOURAGING PARTICIPATION IN AREAS WITHOUT IOW INCOME OR MINORITY CONCENTRATION At the briefing, families are encouraged to search for housing in non-impacted areas and the HA will provide assistance to families who wish to do so. The assistance provided to such families includes; * Direct contact with landlords. • Counseling with the family. * Providing information about services in various non-impacted areas. • Meeting with neighborhood groups to promote understanding. * Formai or informal discussions with landlord groups * Formal or informal discussions with social service agencies * Muting with rental referral companies or agencies * Meeting with fair housing groups or agencies 1196 Admin Plan' Rev.10/9$' 8-5 ..._...._-........................................................................................................................................................................... ........... _....._.. ......._. .......... ......... ......... ..._.._.. ......... ......... ......... .._..... ......... ......... The Housing Authority will maintain lists of available housing submitted by owners in all neighborhoods within the Housing Authority's jurisdiction to ensure greater mobility and housing choice to very low income households. The lists of units(which is updated weekly) will be provided at the front desk.of each Housing Authority office, and providedat briefings. E. ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION Fair Housing Laws The HA provides the family with information about how to file a complaint and the location of the local Fair Housing office, If HUD Fair Housing makes a finding of discrimination against an owner,the HA will restrict the owner from future participation. F. SECURITY DEPOSIT REQUIREMENTS [24 CFR 982.313] Leases Effective Prior to January 1, 1996 In October, 1995, HUTS established new guidelines for Security Deposits. The Housing Authority of County of Contra Costa implemented these new guidelines in January, 1996. As a result,the amount of Security Deposit which could have been collected by owners under contracts effective prior to January 1, 1996 is as follows: Under the Certificate Program,the owner could have collected a Security Deposit in an amount not to exceed Total Tenant Payment or$50.00, whichever is greater, for non- lease-in-place families. For the Voucher Program, HA policy specifies that the owner, at his/her discretion could have collected a Security Deposit in an amount not to exceed: the greater of 30%of adjusted-monthly income or$50 for non-lease-in-place families. Leases Effective on or after January 1. 1996 Security deposits charged by owners may not exceed those charged to unassisted tenants (nor the maximum prescribed by State or local law.) 1/96 Admin Pim Rev.14/98`» 8-6 ....... ....... _........ ......... ......... ......... ......... ............_..................._.............._.. ......... ......... ......... ......... ......... ................_........................................................................._....................... _ _ .... . _ G. TERM OF CER'TIFICATENOUCHER j24 CFR 982.303, 982.54(d)(11)J During the briefing session,each household will be issued a Certificate or Voucher which represents a contractual agreement between the HA and the Family specifying the rights and responsibilities of each party. It does not constitute admission to the program which occurs when the lease and contract become effective. Expirations The Certificate or Voucher is valid for a period of sixty calendar days from the date of issuance. The family must submit a Request for Lease Approval and Lease within the sixty-day period unless an extension has been granted by the HA. If the Certificate or Voucher has expired,and has not been extended by the HA or expires after an extension,the family will be denied assistance. The family will not be entitled to a review or hearing. If the family is currently assisted, they may remain as a participant in their unit if there is an assisted lease/contract in effect. Over Fair Market Tenancy Certificates (OFTOs) • A Family may rent a unit over Fair Market Rent and pay the difference • -this has been allowed in the Voucher Program. • -was prohibited in the certificate program. • Housing Authority pays the maximum subsidy • Family pays balance of rent(regular certificate formula AND any rent exceeding the FMR/Exception rent • If FMR goes up and gross rent is under FMR: family pays certificate formula TTP, Slot opens for another OFTO family • The OFTO Payment Standard is the maximum subsidy • The payment standard always equals the FMR/exception rent • Used at initial lease up and continued occupancy to calculate HAP • May exceed voucher payment standard • The Housing Authority must allow OFTO if it is needed as a reasonable accommodation • OFTO is never required • A Housing Authority may implement over FMR tenancies for up to 10°l of the certificate program budget Reasonableness of Family Share in OFTO: • The Housing Authority must determine family has enough for non-rent expenses • HA may not approve unless family share is reasonable in relation to family resources and other family expenses such as child care and un-reimbursed medical expenses. Comparability vs. Affordability: -Comparability: rent to owner is reasonable in comparison to market rents -Affordability: Family share of rent is reasonable in relation to family needs. 1/96 Admin Plan Rev.10/98 8-7 ........ __............................................................................................................................................................... _.. _..... .. ......... ......... ......... ......... ................._......................._..............................._........................................ Chapter 9 REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION INTRODUCTION [24 CFR 982.305 (a)] After families are issued a certificate or voucher,they may search for a unit anywhere within the jurisdiction of the HA, or outside of the HA's jurisdiction if they qualify for portability. The family must find an eligible unit under the program rules, with an owner/landlord who is willing to enter into a Housing Assistance Payments Contract with the HA. This Chapter defines the types of eligible housing,the HA's policies which pertain to initial inspections, lease requirements, owner disapproval, and the processing of Requests For Lease Approval(RLA). A. REQUEST FOR LEASE APPROVAL [24 CFR 982.305 (b)} The Request for Lease Approval(RLA)and a copy of the proposed Lease must be submitted by the family during the term of the certificate or voucher. The Request for Lease Approval must be signed by both the owner and Certificate/Voucher holder. The lease may be executed up to 60 days prior to contract execution but cannot be executed without approval of the HA. The HA will not permit the family to submit more than one RLA at a time. The HA will review the documents to determine whether or not they are able to be approved. For the Certificate Program,the HA will determine that the Gross Rent is within the applicable FMR. Inspections The responsibility for inspecting the unit and obtaining the lease signed by the owner, rests with the Housing Authority's unit inspectors. The Unit Inspector will determine rent reasonableness for both the Section 8 Certificate and Voucher Program in accordance with HUD regulations governing each program.HACCC exercises its discretion to reject a rent as unreasonable under the Housing Voucher program if the market is not functioning normally or where families are not able to negotiate reasonable rents or where rent charged to voucher holders exceed those charged to certificate holders in comparable units. Such determination will be based on existing published Fair Market Rent Schedules,market conditions,comparable unit size and unassisted rent levels for the area. 1/96 AdminPlan Rev.10/98 9-1 The Housing Manager will review the owner's lease to insure that it contains no prohibited clauses. Owners will be encouraged to use a standard lease adopted by this Agency. Once the unit has passed inspection and the owner signed lease has been approved by the Housing Manager,the HAP Contract will be executed by a HACCC Housing Manager. The owner and the family will consider such execution as approval by HACCC to provide housing assistance. The family will move into the unit on the scheduled date for occupancy. The PHA staff anticipates that the time needed for inspection and lease approval will be approximately one(1) week. The owner will be informed of this time factor and the staff will request that the owner not rent the unit during this period to a party other than the certified family. The Request will be approved if I The unit is an eligible type of housing 2. The unit meets HUD's Housing Quality Standards(anal any additional criteria as identified in this Administrative Plan) 3. The rent is reasonable 4. The security deposit amount is able to be approved. 5. The proposed lease complies with HUD and HA requirements and State and Local Law. 6. The owner is able to be approved, and there are no conflicts of interest. 1196 Adman an Rev.10199 9-2 .......11. 11 ......... ......... ......... ......... ......... ..................................... ......... ......... ......... ......... ......... ........................................................_......................................_... Payment to Owners Once a HAP Contract has been signed with the Owner and Housing Manager, it is forwarded to the Fiscal Department to be processed for payment. There is a maximum turn around of four(4) days for new contracts; thereafter the owner receives the assistance paymentprepaid to be mailed on the last day of each month. Annual adjustments to contract rents for the Section 8 Existing Contracts will be negotiated by the Unit Inspector after making an inspection of the unit and determining rent reasonableness. The negotiated rent will not exceed the applicable Annual Adjustment Factor(AAF)published in the Federal Register unless it is insufficient to compensate the Owner for the requested rent. In such cases the Unit Inspector may renegotiate the contract the contract rent within the Fair Market Rent limit so long as it is reasonable and does not exceed rents being charged for comparable unassisted units. Contract rents will be renegotiated as a last resort and only if the owner will evict the family or not renew the lease at the Annual Adjustment Factor generated rent. The Fiscal Director will determine Affordability adjustments to the Payments Standard under the Housing Voucher Program. Participating families will be advised at the time of their annual reexamination of income if the Agency has adopted an Adjustment Standard Schedule. An Owner's request for special adjustments will be evaluated by referring to all available evidence which supports or disputes the owner's claim. If deemed warranted,the request will by sent to the HUD Area Office with a recommendation for approval. There are no special rent adjustment provisions for Voucher Contracts. Payment of claims for damages or loss of rent under contracts executed prior to January, 1995, due to tenant-caused damages, will be investigated by the Housing Manager. Before payment is authorized,a letter will be mailed to the family at their last known address to advise them of their liability for this claim. Affordability Adjustments-Housing Voucher Program To assure continued Affordability,the Housing Authority may, at its discretion,make annual Affordability adjustments in order to assure that it is providing "affordable housing" opportunities to participants in the Section 8 Housing Voucher Program. Housing will be deemed to be affordable when the Total Tenant Payment does not exceed 30%of the Voucher Participants monthly adjusted income. The method that will be used to calculate "Affordable Housing" is described below: Total Tenant Payment= 30% Monthly Adjusted Income=Affordable Housing On an annual basis the Housing Authority will conduct an "Affordable Housing„ analysis to determine the possible need for an Affordability adjustment. The primary information to be used 1/96 AdmWian Rev.20/98 9-3 _ _._......_..__._.........................................................................................._........................................................_... ........ ......_.... ............. _._._.._. ........ ........ ...._..... ....... ........ ........ ......... ....... when considering the need for, and amount of, an Affordability adjustment will be the percent of participant income going towards the cost of housing. Other information that may be considered is the availability and demand for housing in the Private rental market. Utility Allowances Determining any needed revisions to the schedule of allowances for utilities and other services will be done on an annual basis by surveying utility costs and consumption rates with local utility companies. The Housing Authority will then make recommendations to HUD on possible allowance revisions. Utility allowances will be given based on actual size of the unit occupied and not the bedroom size appearing on the certificate or voucher. The Utility Allowance Schedule is attached. Termination of Tenancy and Family Moves Families who notify the PHA that they wish to move will be instructed on the proper steps to take to ensure that they qualify for continued assistance. The Housing Manager will, in a timely manner, investigate and discuss any problems that the owner or tenant are having to try to resolve the problem. Matters that are related to eviction will be considered as urgent situations and every effort will be made to expedite a resolution as soon as possible. Informal Reviews and Hearings Applicants denied assistance are notified in writing of the decision and their right to request an informal review. Applicants on the waiting list or otherwise denied a federal preference are notified of their right to request a meeting to discuss the decision. Assisted families are advised in writing of an intention to reduce or stop assistance. Such participants are also advised of their right to an informal hearing. HACCC`s Informal Review and Hearing Procedure is attached. B. DISAPPROVAL OF RLA If the HA determines that the Request cannot be approved for any reason,the landlord and the family will be notified in writing. The HA will instruct the owner and family of the steps that are necessary to approve the Request. If the reason for denial is minor and may easily be addressed, the owner may be given 10 calendar days to submit an RLA from the date of disapproval. When, for any reason, an RLA is not approved,the HA will furnish another RLA form to the family along with the notice of disapproval so that the family can continue to search for eligible housing. The time limit on the Certificate or Voucher will be suspended while the RLA is being processed. 1196 AdminPlan Rev.10/98 9-4 C. LEASE REVIEW [24 CFR 382.308] The HA will review the lease,particularly noting the legality of optional charges and compliance with regulations and State/local law. Responsibility for utilities, appliances and optional services must correspond to those provided on the Request For Lease Approval. Owners may either submit their own lease or permit the HA to furnish the lease. In cases where the owner's lease is used,the HUD lease addendum must be attached and executed. The HA will encourage owners to use a sample lease provided by the HA which includes the HUD-mandated language. House Rules of the owner may be attached to the lease as an addendum,provided they are approved by the HA to ensure they do not violate any fair housing HUD provisions. Separate Agreements Separate agreements are not necessarily illegal side agreements. Families and owners will be advised of the prohibition of illegal side payments for additional rent, or for items normally included in the rent of unassisted families, or for items not shown on the approved lease. Owners and families may execute separate agreements for services, appliances(other than range, microwave and refrigerator)and other items that are not included in the lease if the agreement is in writing and approved by the HA. Any appliances, services or other items which are routinely provided to unassisted families as part of the lease(such as air conditioning,dishwasher or garage)or are permanently installed in the unit, cannot be put under separate agreement and must be included in the lease. For there to be a separate agreement,the family must have the option of not utilizing the service, appliance or other item. The HA is not liable for unpaid charges for items covered by separate agreements and nonpayment of these agreements cannot be cause for eviction. If the family and owner have come to a written agreement on the amount of allowable charges for a specific item, so long as those charges are reasonable and not a substitute for higher rent, they will be allowed. All agreements for special items or services must be attached to the lease approved by the HA. If agreements are entered into at a later date,they must be approved by the HA'and attached to the lease. 1146 AdminPlan Rev.10148 9-5 D. INITIAL INSPECTIONS [24 CFR.982.305 (a)& (b)] See Chapter 10, "Housing Quality Standards and Inspections." E. RENT LIMITATIONS [24 CFR.882.106 (a)] Exception Rents will be utilized to: Make accessible units available to persons with disabilities or to increase the housing choices available to low-income families. Only HUD has the authority to impose area exception rents. Housing Authorities retain some exception rent authority when attempting to assist disabled families. Rent reasonableness will still be used as a measure of whether the rent is able to be approved. For the Certificate and Voucher programs, the HA will make a determination as to the reasonableness of the proposed rent in relation to comparable units available',for lease on the private unassisted market, and the rent charged by the owner for a comparable assisted or unassisted unit in the building or premises. 1/96 AdminPlan Rev.10/98 9-6 F DI PPROVAL OF PROPOSED RENT In the Certificate Program, if the Gross Rent proposed exceeds the FMR,the HA may suggest that the owner reduce the Contract Rent or include some or all utilities in Contract Rent. If the owner accepts the offer of a revised rent,the HA will continue processing the Request for Lease Approval and Lease. If the revised rent involves a change in the provision of utilities, a new Request for Lease Approval must be submitted by the owner. If the owner does not agree on the Contract Rent after the HA has tried and failed to negotiate a revised rent,the HA will inform the family and owner that the lease is disapproved. 1/96 AdminPlan herr.16198 9-7 G. INJ'ORMATION TO OWNERS [24 CFR 982.307 (b), 982.54(d)(7)] The HA is required to provide prospective owners with the address of the applicant and the names and addresses of the current and previous landlord if known. The HA will make an exception to this requirement if the family's whereabouts must be protected due to domestic abuse or witness protection. The HA will inform owners that it is the responsibility of the landlord to determine the suitability of prospective tenants. Owners will be encouraged to screen applicants for rent payment history, eviction history, damage to units, and other factors related to the family's suitability as a tenant. The HA will also provide documented information regarding tenancy history for the past five years to prospective landlords. The HA will provide the following information: based on documentation in its possession: * Eviction history * Damage to rental units * Other aspects of tenancy history [which are documented by administrative decisions, court orders] * Drug Trafficking by family members The information will be provided in writing at the time of RLA. Only the Housing Assistant or Housing Manager may provide this information on the form developed for this purpose.The HA's policy on providing information to owners is included in the briefing packet and will apply uniformly to all families and owners. 1146 AdrnlnPlan Rev.10/98 9-8 __. _..... ........................................... ......... ......................................................................__...._..... .._ ........ ......... ........-_.................. .......... ....... ...._..... ........._._..._...._. ............._.............. .......... H. OWNER DISAPPROVAL [24 CFR 982.306] For purposes of this section, "owner" includes a principal or other interested',party. The HA will disapprove the owner for the following reasons: The owner is the parent, child, grandparent, grandchild, sister or brother of the Section 8 OFTO, Certificate or voucher holder seeking to rent the unit. The Housing Authority may determine that the approving the unit would provide a reasonable accommodation for a family member who is permanently disabled. HUD or another agency directly related,has informed the HA that the owner has been disbarred, suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD has informed the HA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending. HUD has informed the HA that a court or administrative agency has determined that the owner violated the Fair Housing Act or other federal equal opportunity requirements. At its administrative discretion, the HA may deny approval to lease a unit from any owner for any of the following reasons: * The owner has violated obligations under a housing assistance payments contract under Section 8 of the 1937 Act(42 U.S.C. 1437f). * The owner has committed fraud, bribery or any other corrupt act in connection with any federal housing program. * The owner has engaged in drug trafficking. * The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program. * The owner has a history or practice of renting units that fail to meet State or local housing codes. * The owner has not paid State or local real estate taxes, fines or assessments. 1/96 Admmi nPlan Rev. 10/98 9-9 All owner disqualifications must be submitted to the Director of Housing Operations for approval. Decisions to disqualify as a result of administrative discretion will take into consideration the following factors. • The harm that would result to the family if the Housing Authority does not approve the contract; • The harm caused by the Owner's violation of the program; • Any actions taken by the Owner to cure program violations; and • The cost involved in the program violation, including money and agency time. All owner disqualifications under this policy must be submitted to the Director of Housing Operations for approval. Decisions to disqualify will be considered on a case'-by-case basis; an owner recommended for disqualification by a Housing Manager may present facts he/or she believes counsels against disqualification to the Director of Housing Operations in writing. Owners disqualified from participation from the program may request to be reconsidered after a year has passed from the date of disqualification. The Director of Housing Operations will consider such requests according to the considerations discussed above and any curative actions taken by the Owner since the disqualification. 1. CHANGE IN TOTAL TENANT PAYMENT (TTP) PRIOR TO HAP EFFECTIVE DATE When the family reports changes in factors that will affect the Total Tenant Payment(TTP)prior to the effective date of the HAP contract,the information will be verified and the TTP will be recalculated. If the family does not report any change, the HA need not obtain new verifications before signing the HAP Contract, even if verifications are more than 60 days old. J. CONTRACT EXECUTION PROCESS [24 CFR 982.305(c)] The HA prepares the Housing Assistance Contract for execution. The family,and the owner will execute the Lease agreement,and the owner and the HA will execute the HAP Contract. Copies of the documents will be furnished to the parties who signed the respective documents. * For new owners, the documents are signed at a Signature Briefing attended by the owner, family, and a representative of the HA, usually the unit inspector. The briefing covers the responsibilities and roles of the three parties. * The HA also provides group briefings for new owners and any other owners who wish to attend. 1/96 AdminNan Rev.10/98 9-10 The HA makes every effort to execute the HAP Contract before the commencement of the lease term. The HAP Contract may not be executed more than 60 days after commencement of the lease term and no payments will be made until the contract is executed. The following HA representative(s) is/are authorized to execute a contract on behalf of the HA: Housing Managers upon receipt of the owner-signed documents from the unit inspector. * Owners must provide the current address of their residence(not a Post Office box)as well as their federal Tax ID number,and phone number. If families lease properties awned by relatives, the owner's current address will be compared to the subsidized unit's address. Owners must also submit proof of ownership of the property, such as a Grant Deed or Tax Bill, and a copy of the Management Agreement if the property is managed by a management agent upon request. * The owner must provide a business or home telephone number. K. CHANGE IN OWNERSHIP A change in ownership does require execution of a new contract. The HA will process a change of ownership only upon the written request of the new owner and only if accompanied by a copy of the escrow statement or other document showing the transfer of title and the Employer Identification Number or Social Security number of the new owner. 1/96 AdminPtan Rev.10/98 9-11 G. RENT ADJUSTMENTS [24 CFR 982.5091 Certificate Program The HA will notify owners of their right to request a rent adjustment in advance of the anniversary date. The approval or disapproval decision regarding the adjustment will be based on HUD-required calculations and a rent reasonableness determination.The adjustment may be an increase or a decrease,but may never result in a contract rent lower than the initial contract rent on the current HAP Contract. Annual Rent Adjustments • Owners must request the rent adjustment in writing. • Rents may be adjusted up or down • Owner must be in compliance with HAP contract, including HQS • Rent to owner will be adjusted the later of. -the contract anniversary date -60 days after the HA receives the owner's request • Adjustments are not retroactive • To obtain a rent increase from the anniversary date,the owner must request it 60 days in advance of the anniversary date. • A notice of rent change will be sent to the owner and the family. • Fent increases must pass the rent reasonableness test and may not exceed the Adjustment Factor published annually by HUD(even if justified by rent reasonableness)unless the owner requests a SSr,ecial Adiustment to be approved by HUD and the HA to cover increases in property taxes,assessments,or utility rates. Disapproval of Requests for Adjustment If the HA rejects the owner's request for rent adjustment as exceeding rent reasonableness and the owner rejects the HA's determination(both the unit inspector and housing manager),the owner may offer the tenant a new lease(after receiving the HA's approval)with a sixty-day notice to the tenant. If the tenant refuses or the owner does not offer a new lease(See Leases),the owner may institute court action to terminate tenancy. The HA will issue a new Certificate to the family. Prior to issuing a new certificate,the HA and owner are encouraged to attempt to resolve the situation with the least disruption to all parties. 1196 Adminplan Rov.10198 11-6 _. ......... ......._. ..- ..... _._. ......... .. ...._._.. ........._. .........................._... ..._....... .._....... ... ...__.... .......... After the tenant has begun searching for a new housing unit and/or after court action has been initiated,the owner may decide to accept the current lease. If the owner and tenant agree,the lease can continue. If the tenant accepts the offer of a new lease,an RLA must be submitted and the requested rent subjected to rent reasonableness and, for the certificate program,the FMR limitations. If a new lease is executed, a new Contract must also be executed. Voucher Program Owners may not request rent adjustments in the Voucher Program to be effective prior to the expiration of the First year of the lease. Rent adjustments are effective. With a sixty-day notice to the family and a copy to the HA. The HA will advise the family as to whether the rent is reasonable and shall approve or disapprove the rent adjustment. 1/96 AdWnPI Rev.10/98 11-7 Chapter 16 OWNER DISAPPROVAL AND RESTRICTION INTRODUCTION it is the policy of the HA to and recruit owners to participate in the program,and to provide owners with prompt and professional service in order to maintain an adequate supply of available housing throughout the jurisdiction of the HA. The regulations define when the HA must disallow an owner participation in the program, and they provide the HA discretion to disapprove or otherwise restrict the participation of owners in certain categories. This Chapter describes the criteria for owner disapproval,and the various penalties for owner violations. The Housing Authority will not enter into HAP contracts with Owners with a history of serious or repeated violations under the Section 8 program rules, or HACCC policy and procedures. All owner disqualifications under this policy must be submitted to the Director of Housing Operations for approval. Decisions to disqualify will be considered on a case-by-case basis; an owner recommended for disqualification by a Housing Manager may present facts he or she believes counsels against disqualification to the Director of Housing Operations in writing. Owners disqualified from participation from the program may request to be reconsidered after a year has passed from the date of disqualification. The Director of Housing Operations will consider such requests according to the considerations discussed below and any curative actions taken by the owner since the disqualification. A. DISAPPROVAL OF OWNER [24 CFR 982.306, 982.54 (d)(8), 982.306 (d)] The owner does not have a right to participate in the program. For purposes of this section, "owner" includes a principal or other interested party. The HA will disapprove the owner for the following reasons: The owner is the parent, child, grandparent, grandchild, sister or brother of the Section 8 voucher,OFTO, certificate holder seeking to rent the unit. The Housing Authority may provide reasonable accommodation to a person with disabilities. History of serious and repeated violations under the Section 9 program,rules,or HACCC policy and procedures. HUD or other agency directly related has informed the HA that the owner has been disbarred, suspended,or subject to a limited denial of participation under 24 CFR part 24. 1/96 AdminPlan 16-1 HUD has informed the HA that the federal government has instituted an administrative or judicial action against the owner for violation of the Fair Housing Act or other federal equal opportunity requirements and such action is pending. HUD has informed the HA that a court or administrative agency has determined that the has owner violated the Fair Housing Act or other federal equal opportunity requirements. * The owner has violated obligations under a housing assistance payments contract under Section 8 of the 1937 Act(42 U.S.C. 1437f). *The owner has committed fraud,bribery or any other corrupt act in connection with any federal housing program. * The owner has engaged in drug trafficking. * The owner has a history or practice of non-compliance with the HQS for units leased under the tenant-based programs or with applicable housing standards for units leased with project-based Section 8 assistance or leased under any other federal housing program. *The owner has a history or practice of renting units that fail to meet State or local housing codes. * The owner has not paid State or local real estate taxes,fines or assessments. B. OWNER RESTRICTIONS AND PENALTIES [24 CFR 982.302 (a)(8), 982.4531 If an owner commits fraud or abuse or is guilty of frequent or serious contract violations, the HA will restrict the owner from future participation in the program for a period of time commensurate with the seriousness of the offense. The HA may also terminate some or all contracts with the owner. Before imposing any penalty against an owner the HA will review all relevant factors pertaining to the case, and will consider such factors as the owner's record of compliance and the number of violations. 1196 AdminPlan 16-2