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HomeMy WebLinkAboutMINUTES - 12202005 - HA.2 HA2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISS16NERS i FROM: Rudy Tamayo, Acting Executive Director DATE: December 20, 2005 SUBJECT: APPROVE PUBLIC HOUSING AGENCY ANNUAL PLAN FOR FISCAL YEAR 2006-07 FOR THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA AS MANDATED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE the Public Housing Agency (PHA) Annual Plan for fiscal year 2006-07. ADOPT the "PHA Certification of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plan" (Resolution No. 5069). AUTHORIZE the Chair to sign the above mentioned Board Resolution. I. FINANCIAL IMPACT: None. III. REASONS FOR RECOMMENDATION/BACKGROUND The Housing Authority is requesting approval for its fiscal year 2006-07 PHA Annual Plan as required by the federal Quality Housing and Work Responsibility Act of 1998 (QWHRA). The Housing Authority's 2005-06 PHA Annual Plan and Five-Year Plan for 2005-2009 was approved by your Board Resolution No. 5059, on February 15, 2005, which was submitted to and approved by the U.S. Department of Housing and Urban Development (HUD). Notices were published in newspapers of general circulation and posted at each of the Housing Authority's developments to inform the residents of the new Annual Plan, the scheduled public hearings date and to solicit comments. The Housing Authority Resident Advisory Board met and approved the Annual Plan on November 9, 2005. At a scheduled public hearing on November 9, 2005 there was no public in attendance. The Advisory Commission recommended approval of the Housing Authority's Annual Plan for fiscal year 2006-07 at their regular meeting November 21, 2005. CONTINUED ON ATTACHMENT: X YES SIGNATURE /4WpzoI RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON I'p-lao /05 APPROVED AS RECOMMENDED V O/HER_ VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A _V/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 �'.Z` � 106 JOHN SWEETEN, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY " DEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Annual Plan 2006-07.doe Page 2 of 2 Board Order/ December 20, 2005 Housing Authority of the County of Contra Costa/Annual Plan See Attachment 1, the Executive Summary, which summarizes the significant revisions to the Housing Authority Annual Plan for fiscal year 2006-07. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No. 5069 approving the Housing Authority's Annual Plan for fiscal year 2006-07, the Housing Authority would not be in compliance with HUD regulations and submittal timelines which could jeopardize future funding from HUD. Attachment 1 Housing Authority of the County of Contra Costa Annual Plan, Fiscal Year 2006-2007 Executive Summary The Board of Commissioners will consider this item at their meeting on December 13, 2005. Summarized below are significant changes to the 2006-07 Annual Plan that impact the program and operational resources of the Housing Authority. Change in Funding Resources Housing Authority anticipated budget for fiscal year 2006—2007 is estimated to be approximately$89.2 million. This is a reduction of almost $1.5 million from the 2005-06 budgets. This reduction is attributed to the reduced funding levels allocated by HUD to the various public housing agencies during 2005. The reduced funding levels for the various programs are as follows: ❑ Operating Subsidy was only funded at 88.8% of the Authority's funding entitlement for the fiscal year 2005 —06 that resulted in a net decrease in the operating subsidy budget of $268,567. ❑ The Section 8 earned administrative fees were also reduced by approximately$417,085 in this fiscal year. We have been advised to anticipate budget levels to be consistent with the HUD appropriated 2005-06 funding levels. Change in Program Operations—Section 8 Housing Choice Voucher Homeownership Program This year the Housing Authority plans to continue its Section 8 Homeownership Program. This program permits eligible participants in the Section 8 Housing Choice Voucher (HCV) program the option of purchasing a home with their Section 8 assistance rather than renting. The homeownership option is limited to 1% of the total Section 8 HCV program administered by the Housing Authority in any fiscal year,provided that disabled families shall not be subject to the 1% limit. Only HCV participants who are considered disabled families or families enrolled in the Housing Authority's Family Self- Sufficiency(FSS)program are eligible for the Section 8 Homeownership program. Change in Program Operations—El Pueblo public housing development in the Annual Plan for demolition and disposition. The El Pueblo public housing development located in the City of Pittsburg has become a part of the City's redevelopment plan. Negotiations with the City are currently under way to dispose of this property in favor of single-family homes and use the proceeds to create additional affordable housing in the area. Attachment L PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plans Resolution No.5069 Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the standard Annual Plan for PHA fiscal year beginning 2 0 0 6, hereinafter referred to as the Plan of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any Plan incorporating such strategy)for the jurisdiction in which the PHA is located. 15. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA `s jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 16. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 17. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 18. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 19. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 20. The PHA Plan includes a policy for site-based waiting lists: • The PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner(as specified in PIH Notice 99-2); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waitin list policy to determine if it is consistent with civil rights laws and certifications, as speciied in 24 CFR part 903.7(c)(1 ). 21. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 22. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 23. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low- or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 24. The PHA has submitted with the Plan a certification with regard to a drug free workplace required by 24 CFR Part 24, Subpart F . 25. The PHA has submitted with the Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. 26. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 27, The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 28, The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58. 29. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 30. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 31. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. Page 1 of 2 Attachment L Page 2 Resolution No. 5069 December 20,2005 19. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CA011 PHA Name PHA Number ❑ Standard PHA Plan for Fiscal Year: 2006 Date: 1 Signeated by UkTX Board Chair or other authorized PHA official PHA Certifications of Compliance with the PHA Plans and Related Regulations PASSED AND ADOPTED ON by the following vote of the Commissioners. AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema 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 or, JOHN SWEETEN, C ERI{ OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY Page 2 of 2 a H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Annual Plan Res..doc NOONJ40nM6 v AU7OO Q04p MOUSING AUTHORITY • OF THE COUNTY Of CONTRA COSTA , afTorda6le 6ousing solutions Memorandum DATE: February 2, 2005 TO: Rich, Julie and Kathy FROM: Judy Hayes RE: Signature Requirements Attached are three copies of Resolution No. 5056that require original signature by the Chair of the Board. One copy for your records Two copies to be returned to the Housing Authority Please call me at 957-8028 as soon as I can pick-up the signed copies. Thank you. Accmemo.board 3133 ESTUDILLO STREET ® P.O.BOX 2759 ® MARTINEZ,CALIFORNIA 94553 0 PHONE(925)957-8000 ® FAX(925)372-0236 www.contracostahousing.org OMB Approval No:2577-0226 (exp.02/28/2006) U.S. Department of Housing and Urban Development I Office of Public and Indian Housing rZI2A�n� �q .2 PHA Plan 5 Year Plan for Fiscal Years 2005 - 2009 Annual Plan for Fiscal Year 2006 Housing Authority of the County of Contra Costa Annual Plan Version 1,FY 2006 9 28 05.doc I NOTE: THIS PHA PLANS TEMPLATE(HUD 50075)IS TO BE COMPLETED IN 2 ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PIH NOTICES 3 4 PHA Plan 5 Agency Identification 6 7 PHA Name: Housing Authority of the County of Contra Costa 8 9 PHA Number: CA 011 10 11 PHA Fiscal Year Beginning: 4/01/2006 12 13 Public Access to Information 14 15 Information regarding any activities outlined in this plan can be obtained by contacting: 16 (select all that apply) 17 ® Main administrative office of the PHA 18 ® PHA development management offices 19 ❑ PHA local offices 20 21 Display Locations For PHA Plans and Supporting Documents 22 23 The PHA Plans (including attachments) are available for public inspection at: (select all that 24 apply) 25 ® Main administrative office of the PHA 26 ❑ PHA development management offices 27 ❑ PHA local offices 28 ❑ Main administrative office of the local government 29 ❑ Main administrative office of the Comity government 30 ❑ Main administrative office of the State government 31 ❑ Public library 32 ❑ PHA website 33 ❑ Other(list below) 34 35 36 PHA Plan Supporting Documents are available for inspection at: (select all that apply) 37 ® Main business office of the PHA 38 ❑ PHA development management offices 39. ❑ Other(list below) 2 form HUD 50075(0312003) i v` k 5-YEAR PLAN " PHA FISCAL YEARS 2005 - 2009 [24 CFR Part 903.5] A. Mission State the PHA's mission for serving the needs of low-income,very low income,and extremely low-income families in the PHA's jurisdiction. (select one of the choices below) ❑ The mission of the PHA is the same as that of the Department of Housing and Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. ® The PHA's mission is: The mission of the Housing Authority of Contra Costa County is to provide high quality affordable housing solutions and promote self-sufficiency for low-income people of Contra Costa County. (adopted 9/16/99) B. Goals The goals.and objectives listed below are derived from HUD's strategic:Goals and Objectives and those emphasized in recent legislation. PHAs may select any of these goals and objectives as their own,of identify other goals and/or objectives. Whether selecting the HUD-suggested objectives or their own, PHAS ARE STRONGLY ENCOURAGED TO IDENTIFY QUANTIFIA13LE MEASURES OF SUCCESS IN REACHING THEIROBJECTIVES OVER THE COURSE OF THE'5.YEARS. (Quantifiable measures would include targets such as:numbers of families served or PHAS scores achieved.)PHAs should identify these measures in the spaces to the right of or below the stated objectives. HUD Strategic Goal: Increase the availability of decent, safe, and affordable housing. ® PHA Goal: Expand the supply of assisted housing Objectives: ® Apply for additional rental vouchers: ® Reduce public housing vacancies: ® Leverage private or other public funds to create additional housing. opportunities: ® Acquire or build units or developments ® Other(list below) ® PHA Goal: Improve the quality of assisted housing Objectives: ® Improve public housing management: (PHAS score) ® Improve voucher management: (SEMAP score) ® Increase customer satisfaction: ® Concentrate on efforts to improve specific management functions: (list; e.g., public housing finance; voucher unit inspections) ® Renovate or modernize public housing units: ® Demolish or dispose of obsolete public housing: ❑ Provide replacement public housing: ❑ Provide replacement vouchers: 3 form HUD 50075(03/2003) F71 Other: To increase viability of existing stock through development or significant physical changes. ® PHA Goal: Increase assisted housing choices Objectives: ❑ Provide voucher mobility counseling: ® Conduct outreach efforts to potential voucher landlords ® Increase voucher payment standards ® Implement voucher homeownership program: ® Implement public housing or other homeownership programs: ❑ Implement public housing site-based waiting lists: ❑ Convert public housing to vouchers: ® Other: Aggressively pursue "opt-out" and special program vouchers. Allow maximum flexibility regarding rental search timelines. HUD Strategic Goal: Improve community quality of life and economic vitality ® PHA Goal: Provide an improved living environment Objectives: ❑ Implement measures to deconcentrate poverty by bringing higher income public housing households into lower income developments: ❑ Implement measures to promote income mixing in public housing by assuring access for lower income families into higher income developments: ® Implement public housing security improvements: ❑ Designate developments or buildings for particular resident groups (elderly, persons with disabilities) ® Other: Aggressively pursue"opt-out" and special program vouchers. Allow maximum flexibility regarding rental search timelines. HUD Strategic Goal: Promote self-sufficiency and asset development of families and individuals ® PHA Goal: Promote self-sufficiency and asset development of assisted households. Objectives: ® Increase the number and percentage of employed persons in assisted families: ® Provide or attract supportive services to improve assistance recipients' employability: ❑ Provide or attract supportive services to increase independence for the elderly or families with disabilities. ® Other: Aggressively pursue"opt-out" and special program vouchers. Allow maximum flexibility regarding rental search timelines. 4 form HUD 50075(03/2003) HUD Strategic Goal: Ensure Equal Opportunity in Housing for all Americans ® PHA Goal: Ensure equal opportunity and affirmatively further fair housing Objectives: ® Undertake affinnative measures to ensure access to assisted housing regardless of race, color, religion national origin, sex, familial status, and disability: ® Undertake affirmative measures to provide a suitable living environment for 4 families living in assisted housing, regardless of race, color, religion national origin, sex, familial status, and disability: ® Undertake affirmative measures to ensure accessible housing to persons with all varieties of disabilities regardless of unit size required: ❑ Other: Aggressively pursue "opt-out" and special program vouchers. Allow maximum flexibility regarding rental search timelines. Other PHA Goals and Objectives: (list below) The PHA will provide Fair Housing training and Section 504 training for staff involved. in the management of federally funded housing programs. 4. ryP 3y 3= p , JI" x r 5 form HUD 50075(03/2003) ` t I Annual PHA Plan PHA Fiscal Year 2006 [24 CFR Part 903.7] L_ Annual Plan Tyne: Selecrwhich type of Annual Plan the PHA will submit. ® Standard Plan Streamlined Plan: ❑ High Performing PHA ❑ Small Agency (<250 Public Housing Units) ❑ Administering Section 8 Only ❑ Troubled Agency Plan ii. Executive Summary of the Annual PHA. Plan [24 CFR Part 903.7 9(r)] Provide,a briefoverview of the information in the Annual Plan,including highlights of major initiatives and discretionary policies the PHA has included in the Annual Plan. Adoption of the Agency Plans follows a public review process that included input from our Resident Advisory Board (RAB), which represents program participants from the public housing and Housing Choice Voucher programs. The Housing Authority met with the Resident Advisory (RAB) on September 29, 2005, to seek their approval of the Five Year and Annual Plans before initiating the mandatory 45-day public review period. A public notice was placed in a newspaper of general circulation stating that a public hearing was scheduled for.November 9, 2005. Housing Authority staff met again with the RAB prior to the public hearing on November 9, 2005. After some discussion and explanation there were no comments or recommendations to the proposed 2006 annual plan at the public hearing. The Advisory Housing Commission approved the Fiscal Year (FY) 2006-07 Housing Authority Annual Plan on November 21, 2005, for submission to the Board of Commissioners for their meeting on December 13, 2005. A summary of changes from the fiscal year 2005-06 Annual Plan is as follows: There is constant change in the Housing Authority's financial resources and program operations as a result of the HUD's change in funding strategies. Operating subsidy was only funded at 88.8% of the Authority's funding entitlement for the fiscal year 2005-06. Section 8 funding has also been reduced, in that now we receive a flat administrative fee that is not tied to units. These changes have resulted in reduced funding in the Public Housing Program in the amount of $268,567 per year, and $417,085 in Section 8 for the federal funding year of 2005. In addition, the funding has switched from a fiscal year to a calendar year, which could have an impact depending on the 2006-07 federal funding levels. We have been advised to anticipate budget levels to be consistent with 2005 funding. HAP Funding is still inadequate for vouchers to be let at the ACC baseline level of 6,781 units. 6 form HUD 50075(03/2003) fi Change in Program Operations—Section 8 Housing Choice Voucher Homeownership Program This year the Housing Authority plans to continue its Section 8 Homeownership Program. This program permits eligible participants in the Section 8 Housing Choice Voucher (HCV)program the option of purchasing a home with their Section 8 assistance rather t than renting. The homeownership option is limited to 1% of the total Section 8 HCV program administered by the Housing Authority in any fiscal year, provided that disabled families shall not by subject to the 1% limit. Only HCV participants who are enrolled in the Housing Authority's Family Self-Sufficiency(FSS) program are eligible for the program. Change in Program Operations - The Housing Authority has included the El Pueblo public housing development in the Annual Plan for demolition and disposition. The El Pueblo public housing development located in the City of Pittsburg has become a part of the City's redevelopment plan. Negotiations with the City are currently under way to dispose of this property in favor of single-family homes, and use the proceeds to create additional affordable housing in the area. fx �5 R. i 7 form HUD 50075(03/2003) 1 iii. Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments,and a list of supporting documents available for public inspection. Table of Contents Page# Annual Plan i. Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ii. Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 1. Housing Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2. Financial Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Policies on Eligibility, Selection and Admissions . . . . . . . . . . . . . . . . . . . . . . . . 14 4. Rent Determination Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5. Operations and Management Policies . . . . . . . . . . . . . . . . . . . . I . . . . . . . . I . . . . 26 6. PHA Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 7. Capital Improvement Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 8. Demolition and Disposition . . . . . . . . . 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Designation of Public Housing .NOT REQUIRED 10. Conversion of Public Housing to Tenant-Based Assistance . . . . . . . . . . . . . . . . 31 11. Horne Ownership Programs Administered by the PHA-Attach. S and T . . . . . . . 32 12. PHA Cormnunity Service and Self-Sufficiency Programs . . . . . . . . . . . . . . . . . . 34 13. PHA Safety and Crime Prevention Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 14. Reserved for Pet Policy— See Attachments N and O . . . . . . . . . . . . . . . . . . . . . . 38 15. Civil Rights Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 16. Fiscal Audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 17. PHA Asset Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 18. Other Information: PHA Plans Certifications—Attachment L, page 78 Certificate of Consistency with the Contra Costa County Consolidated Plan - Attachment J., page 70 Attachments Indicate which attachments are provided by selecting all that apply.Provide the attachment's name(A,B,etc.)in the space to the left of the name of the attachment. Note: If the attachment is provided as a SEPARATE file submission'from the PHA Plans file,provide the filename in parentheses in the space to the right of the title. Required Attachments: ® Admissions Policy for Deconcentration ® FY 2005 Capital Fund Program Annual Statement ❑ Most recent board-approved operating budget(Required Attachment for PHAs that are troubled or at risk of being designated troubled ONLY) Optional Attachments: $ form HUD 50075(0312003) N ® PHA Management Organizational Chart ® FY 2005 Capital Fund Program 5 Year Action Plan Public Housing Drug Elimination Program (PHDEP) Plan ® Comments of Resident Advisory Board or Boards (must be attached if not included in PHA Plan text) See Attachment G ® Other(List below, providing each attachment name) Attachment A. List of Members of Governing Board of Commissioners Attachment B. List of Members of Advisory Housing Commission Attachment C. Statement of Progress Attachment D. Contra Costa Consolidated Plan, April 2000 cover sheet Attachment E. HUD 50075; Annual Statement/Performance & Evaluation Report, Capital Fund Attachment F. List of Members of Resident.Advisory Board(RAB) 2005 Attachment G. Minutes of RAB Meeting/Agenda, September 29, 2005 Attachment H. Public Hearing Agenda: November 9, 2005 Attachment L Public Notice,RAB Minutes, Public Hearing Minutes Attachment J. Certification by State or Local Official of PHA Plans Attachment K. Law Enforcement Letters of Support Attachment L. Certifications of Compliance with the PHA Plans & related regs Attachment M. Housing Choice Voucher Project Based Assistance Attachment N. Pet Policy, Elderly/Disabled Developments Attachment O. Pet Policy, General Occupancy (Family) Developments Attachment P. Complaints, Grievances and Appeals Public Housing Attachment Q. Complaints and Appeals Section 8 Program Attachment R. Community Service Attachment S. Section 8 Home Ownership Option Program Attachment T. Public Housing Home Ownership Program Attachment U. Organization Chart Attachment V. Allowable deductions from Annual Income Attachment W. Deconcentration of Poverty and Income Mixing Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the"Applicable&On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. z 9 form HUD 50075(03/2003) List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan — & Component On Display PHA Plan Certifications of Compliance with the PHA Plans 5 Year and Annual Plans X and Related Regulations State/Local Government Certification of Consistency with 5 Year and Annual Plans X the Consolidated Plan Fair Housing Documentation: 5 Year and Annual Plans Records reflecting that the PHA has examined its programs or proposed programs,identified any impediments to fair X housing choice in those programs,addressed or is addressing those impediments in a reasonable fashion in view of the resources available,and worked or is working with local jurisdictions to implement any of the jurisdictions'initiatives to affirmatively further fair housing that require the PHA's involvement. Consolidated Plan for the jurisdiction/s in which the PHA is Annual Plan: X located(which includes the Analysis of Impediments to Fair Housing Needs Housing Choice(Al)))and any additional backup data to support statement of housing needs in the jurisdiction Most recent board-approved operating budget for the public Annual Plan: X housing program Financial Resources; Public Housing Admissions and(Continued)Occupancy Annual Plan: Eligibility, X Policy(A&O), which includes the Tenant Selection and Selection,and Admissions Assignment Plan[TSAP) Policies Section 8 Administrative Plan Annual Plan: Eligibility, X Selection,and Admissions Policies Public Housing Deconcentration and Income Mixing Annual Plan: Eligibility, Documentation: Selection,and Admissions 1. PHA board certifications of compliance with Policies deconcentration requirements(section 16(a)of the US X Housing Act of 1937,as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance;Notice and any further HUD guidance)and 2. Documentation of the required deconcentration and income mixing analysis Public housing rent determination policies,including the Annual Plan: Rent $ methodology for setting public housing flat rents Determination ® check here if included in the public housing A&O Policy Schedule of flat rents offered at each public housing Annual Plan: Rent X development Determination ® check here if included in the public housing A&O Policy Section 8 rent determination(payment standard)policies Annual Plan: Rent X ® check here if included in Section 8 Determination Administrative Plan Public housing management and maintenance policy Annual Plan: Operations X documents, including policies for the prevention or and Maintenance eradication of pest infestation(including cockroach infestation 10 form HUD 50075(03/2003) List of Supporting Documents Available for Review Applicable Supporting Document Applicable Plan & Component On Display Public housing grievance procedures Annual Plan: Grievance X ® check here if included in the public housing Procedures A&O Policy Section 8 informal review and hearing procedures Annual Plan: Grievance X ® check here if included in Section 8 Procedures Administrative Plan The HUD-approved Capital Fund/Comprehensive Grant Annual Plan: Capital Needs X Program Annual Statement(HUD 52837)for the active grant year Most recent CIAP Budget/Progress Report(HUD 52825)for N/A any active CLAP grant Most recent,approved 5 Year Action Plan for the Capital Annual Plan: Capital Needs X Fund/Comprehensive Grant Program, if not included as an attachment(provided at PHA option) Approved HOPE VI applications or,if more recent, Annual Plan: Capital Needs N/A approved or submitted HOPE VI Revitalization Plans or any other approved ro osal for development of public housing Approved or submitted applications for demolition and/or Annual Plan: Demolition X disposition of public housing and Dis osition Approved or submitted applications for designation of public Annual Plan:Designation of N/A housing(Designated Housing Plans Public Housing Approved or submitted assessments of reasonable Annual Plan: Conversion of X revitalization of public housing and approved or submitted Public Housing conversion plans prepared pursuant to section 202 of the 1996 HUD Appropriations Act Approved or submitted public housing homeownership Annual Plan: X programs/plans Homeownership Policies governing any Section 8 Homeownership program Annual Plan: X ® Homeownership here if included in the Section 8 Homeownership Administrative Plan Any cooperative agreement between the PHA and the TANF Annual Plan: Community X agency Service&Self-Sufficiency FSS Action Plan/s for public housing and/or Section 8 Annual Plan: Community X Service&Self-Sufficiency Most recent self-sufficiency(ED/SS,TOP or ROSS or other Annual Plan: Community X resident services rant)grant program reports Service&Self-Sufficiency The most recent Public Housing Drug Elimination Program Annual Plan: Safety and (PHEDF,P)semi-annual performance report for any open Crime Prevention N/A grant and most recently submitted PUDEP application' (PHDEP Plan The most recent fiscal year audit of the PHA conducted Amoral Plan: Annual Audit X under section 5(h)(2)of the U.S.Housing Act of 1937(42 U. S.C. 1437c(h)),the results of that audit and the PHA's response to any findings N/A Troubled PHAs:MOA/Recovery Plan Troubled PHAs Other supporting documents(optional) (specify as needed) X list individually;use as many lines as necessary) 1. Statement of HoiisiI 2 Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdiction/s Served by the PHA 11 form HUD 50075(03/2003) Based upon the information contained in the Consolidated Plans applicable to the jurisdiction,and/or other data available to the PHA,provide a statement of the housing needs in the jurisdiction by completing the following table.In the"Overall Needs"column,provide the estimated number of renter families that have housing needs. For the remaining characteristics,rate the impact of that factor on the housing needs for each family type,from 1 to 5,with'1 being"no impact"and 5 being'"severe impact." Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in the Jurisdiction by Famil T pe Family Type Overall Afford- supply Quality Access- Sizc Loca- ability ability tion Income <=30% 177295 5 5 3 2 5 5 of AMI Income>30%but 139610 5 5 3 2 4 5 <=50% of AMI Income>50%but 109116 5 5 3 2 3 4 <80% of AMI Elderly 3,780 5 5 4 4 2 3 Families with 79056 5 4 4 4 3 3 Disabilities Race/Ethnicity 23,476 4 3 3 2 2 2 White Race/Ethnicity 119523 5 5 4 3 5 4 Hispanic Race/Ethnicity 5,308 2 2 2 2 2 2 Asian/Pac. Island Race/Ethnicity 7,990 5 5 4 3 4 4 Black What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) ❑ Consolidated Plan of the Jurisdictions Indicate year: ® U.S. Census data: the Comprehensive Housing Affordability Strategy("CHAS") dataset ❑ American Housing Survey data Indicate year: ❑ Other housing market study Indicate year: ❑ Other sources: (list and indicate year of information) 12 form HUD 50075(03/2003) A B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA- wide waiting list administered by the PHA. PHAs may provide separate tables for site-based or sub- jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List Waiting list.type: (select one) ® Section 8 tenant-based assistance ❑ Public Housing ❑ Combined Section 8 and Public Housing ❑ Public Housing Site-Based or sub jurisdictional waiting list (optional) If used, identify which development/ ubjurisdiction: #of families % of total families Annual Turnover Waiting list total 3,024 -0- Extremely low 29270 75.3% income<=30%AMI Very low income (>30%but<=50% 600 19.8% AMI Low income (>50%but<80% 135 4.5 AMI Families with 19866 61.7 children Elderly families 165 5.5% Families with 602 19.9% Disabilities Race/ethnicity 29373 78.5% Black Race/ethnicity 343 11.3 White Race/ethnicity 23 .3% Asian Race/ethnicity 131 4.3% Native America Race/ethnicity 170 5.6% Hispanic Housing Needs of Families on the Waiting List 13 form HUD 50075(03/2003) Housing Needs of Families on the Waiting List Is the waiting List closed(select one)? ❑ No ® Yes If yes: How long has it been closed (#of months)? 48 Does the PHA expect to reopen the list in the PHA Plan year? )? ❑ No ® Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? )? ® No ❑ Yes Housing Needs of Families on the Waiting List Waiting list type: (select one) ❑ Section 8 tenant-based assistance ® Public Housing ❑ Combined Section 8 and Public Housing ❑ Public Housing Site-.Based or sub jurisdictional waiting list (optional) If used, identi which development/ ubjurisdiction: # of families %of total families Annual Turnover Waiting list total 4,566 : 900 Extremely low 1,105 24 income<=30% AMI Very low income (>30% but<=50% 0 N/A AMID Low income (>50%,but<80% 39461 76 AMI) Families with 19351 30 children Elderly families 705 15 Families with 2,508 55 Disabilities Race/ethnicity 1,590 35 White Race/ethnicity 583 13 Hispanic, Race/ethnicity 359 8 Asian/Pac.Islander Race/ethnicity 87 1 Native America Race/ethnicity 19947 43 Black Characteristics by Bedroom Size 14 form HUD 50075(0312003) `k Housing Needs of Families on the Waiting List 0 BR 0 N/A 1 BR 37075 67 2 BR 19100 24 3 BR 331 7 4 BR 56 1.22 5 BR4 .08 Housing Needs of Families on the Waiting List Is the waiting list closed (select one)? ❑ No ® Yes If yes: ` How long has it been closed(# of months)? 48 months Does the PHA expect to reopen the list in the PHA Plan year? ® No ❑ Yes Does the PHA permit specific categories of families onto the waiting list, even if generally closed? ❑ No ® Yes C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction . and on the waiting list IN THE UPCOMING YEAR;and the Agency's reasons for choosing this strategy. i.- (1) Strategies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply ® Employ effective maintenance and management policies to minimize the number of public housing units off-line ® Reduce turnover time for vacated public housing units ® Reduce time to renovate public housing units ® Seek replacement of public housing units lost to the inventory through mixed finance development ® Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources ® Maintain or increase section 8 lease-up rates by establishing payment standards that will enable families to rent throughout the jurisdiction ® Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required ® Maintain or increase section 8 lease-up rates by marketing the progratn to owners, particularly those outside of areas of minority and poverty concentration ® Maintain or increase section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance of program ® Participate in the Consolidated Plan development process to ensure coordination with broader community strategies ❑ Other(list below) 15 form HUD 50075(03/2003) Strategy 2: Increase the number of affordable housing units by: Select all that apply ® Apply for additional section 8 units should they become available ® Leverage affordable housing resources in the community through the creation of mixed - finance housing ® Pursue housing resources other than public housing or Section 8 tenant-based assistance. ❑ Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI Select;all that apply ® Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing ® Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant-based section 8 assistance ❑ Employ admissions preferences aimed at families with economic hardships ® Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI Select all that apply ❑ Employ admissions preferences aimed at families who are working ® Adopt rent policies to support and encourage work ❑ Other: (list below) Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply ❑ Seek designation of public housing for the elderly ® Apply for special-purpose vouchers targeted to the elderly, should they become available ® Other: Consider new elderly outreach in the future. Need: Specific Family Types: Families with Disabilities Strategy 1: Target available assistance to Families with Disabilities: 16 form HUD 50075(03/2003) Select all that apply ❑ Seek designation of public housing for families with disabilities ® Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing ® Apply for special-purpose vouchers targeted to families with disabilities, should they become available ® Affirmatively market to local non-profit agencies that assist families with disabilities ❑ Other: (list below) Need: Specific Family Types: Races or ethnicities with disproportionate housing needs Strategy 1: Increase awareness of PHA resources among families of races and ethnicities with disproportionate needs: Select if applicable ® Affirmatively market to races/ethnicities shown to have disproportionate housing needs ❑ Other: (list below) Strategy 2: Conduct activities to affirmatively further fair housing b � Select all that apply ® Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units ® Market the section 8 program to owners outside of areas of poverty/minority concentrations ® Other: (list below) r=, Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: ® Funding constraints ® Staffing constraints ® Limited availability of sites for assisted housing ® Extent to which particular housing needs are met by other organizations in the community r ® Evidence of housing needs as demonstrated in the Consolidated Plan and other information available to the PHA ® Influence of the housing market on PHA programs ® Community priorities regarding housing assistance 17 form HUD 50075(03/2003) ® Results of consultation with local or state government ® Results of consultation with residents and the Resident Advisory Board ® Results of consultation with advocacy groups ® Other: Federal funding priorities Housing Authority's experience and knowledge 2. Statement of Financial Resources [24 CFR Part 903.7 9(b)] List thefinancial-resources that are anticipated to be available to the PHA.for the support of Federal public housing and tenant-based Section 8 assistance programs administered by the PHA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance grant hinds are expend ed.oneligible purposes;therefore,uses of these funds need not be stated. For other funds, indicate the use for-those.funds as one of the following categories:public housing operations,;public.housing capital improvements;;publichousm* . safety*curity,.public housing supportive services, Sodion 816hant-based assistance,Section Si supportive services or other: Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses i. Federal Grants FY 2006 rants $ a) Public Housing Operating Fund $2,6887337 2005 Fed.FYR b Public Housing Capital Fund 2,373,762 c) HOPE VI Revitalization -0- d) HOPE VI Demolition -0- e) Annual Contributions for Section Fundingfrom an 1 8 Tenant-Based Assistance 75,9257979 thru Dec 31,2006 f) Public Housing Drug Elimination Program(including any Technical Project Safe Assistance) Cam "BOLT" 569000 Nei`hborhood, , g) Resident Opportunity and Self- Sufficiency Grants -0- h) Community Development Block 1659742 Multi-family housing, Grant rental rehabilitation i) HOME N/A Other Federal Grants (list below 2. Prior Year Federal Grants (unobligated funds only) (list N/A below lDA/HHF Grant __0_ 5010 0- 50104 1,695,225 PH Modernization 50105 293739762 PH Modernization 3. Public Housing Dwelling Rental Income $394839369 PHOperations 4. Other income list below Charges and other revenue 128,897 PHOperations Management Fees 192,771 Tax Credit Properties 5. Non-federal sources list below County Head Start Facilities 20,000 Maint. Head Start l g form HUD 50075(03/2003) Financial Resources: Planned Sources and Uses Sources Planned $ Planned Uses County Homeless facilities 47,512 Maint. Homeless Fac. County Midnight Basketball 25,000 Youth Program Total resources $8991769356 3. PHA Policies Governint Eligibility, Selection, and Admissions [24 CFR Part 903.7 9(c)] A. Public Housing Exemptions: PHAs that do not administer public housing are not required to complete subcomponent 3A. (1) Eligibility a. When does the PHA verify eligibility for admission to public housing? (select all that apply) ❑ When families are within a certain number of being offered a unit: (state number) ❑ When families are within a certain time of being offered a unit: (state time) ® Other: At initial application and re-verified prior to admission. b. Which non-income (screening) factors does the PHA use to establish eligibility for admission to public housing (select all that apply)? - ® Criminal or Drug-related activity Z Rental history ;, ❑ Housekeeping ® Other: Sex Offender 57r c. ® Yes ❑ No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. ❑ Yes ® No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? , c. ❑ Yes ® No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC-authorized source) (2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list (select all that apply) ® Community-wide list ❑ . Sub jurisdictional lists EJSite-basedwaiting lists ❑ Other(describe) b. Where may interested persons apply for admission to public housing? ® PHA main administrative office ® PHA development site management office ® Other: Central Waiting List Office and area offices 19 form HUD 50075(03/2003) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subsection (3) Assignment 1. How marry site-based waiting lists will the PHA operate in the coming year? 2. ❑ Yes ❑ No: Are any or all of the PHA's site-based waiting lists new for the upcoming year(that is, they are not part of a previously-HUD-approved site based waiting list plan)? If yes, how many lists? 3. ❑ Yes ❑ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site- based waiting lists (select all that apply)? ❑ PHA main administrative office ❑ All PHA development management offices ❑ Management offices at developments with site-based waiting lists ❑ At the development to which they would like to apply ❑ Other(list below) (3) Assil4nment a. How many vacant unit choices are applicants ordinarily given before they fall to the bottom of or are removed from the waiting list? (select one) ® One ❑ Two ❑ Three or More b. ® Yes ❑ No: Is this policy consistent across all waiting list types? c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: (4)Admissions Preferences a. Income targeting: ❑ Yes ® No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) ® Emergencies ❑ Overhoused ® Underhoused ® Medical justification ® Administrative reasons determined by the PHA(e.g., to permit modernization work) ❑ Resident choice: (state circumstances below) ® Other: Resident(s) in a Victim/Witness Protection Program [and confirmed in writing by law enforcement agency(ies)J. Z0 form HUD 50075(03/2003) r c. Preferences I. ® Yes ❑ No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If"no"is selected, skip to subsection (5) Occupancy) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) 7 Former Federal preferences: ❑ Involuntary Displacement(Disaster, Government Action, Action of Housing Owner, Inaccessibility,Property Disposition) ® Victims of domestic violence ❑❑ Substandard housing Homelessness ,, ❑ High rent burden(rent is>50 percent of income) z Other preferences: (select below) ❑ Working families and those unable to work because of age or disability Veterans and veterans' families i ® Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ® Other preference(s): Other disability preferences e Ki y { 3. If the PHA will employ admissions preferences, please prioritise by placing a"1"in the space that represents your first priority, a"2"in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute VIN hierarchy or through a point system),place the same number next to each. That means you can y use"I"more than once, "2"more than once, etc. Asa i 1 Date and Time F Former Federal preferences: k: Involuntary Displacement(Disaster,Government Action, Action of Housing Owner, Inaccessibility,Property Disposition) °a 2 Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ® Veterans and veterans' families 21 form HUD 50075(03/2003) " #s.. A �1 r Air . .1 1A,' n.,. ® Residents who live and/or work in the jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ❑ Victims of reprisals or hate crimes ❑ Other preference(s) (list below) 4. Relationship of preferences to income targeting requirements: ❑ The PHA applies preferences within income tiers ® Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing(select all that apply) ® The PHA-resident lease ® The PHA's Admissions and(Continued) Occupancy policy ® PHA briefing seminars or written materials ® Other source: Family Obligations document; "One Strike"document b. How often must residents notify the PHA of changes in family composition? (select all that apply) ® At an annual reexamination and lease renewal ® Any time family composition changes ® At family request for revision ❑ Other(list) (6)Deconcentration and Income Mixing a. ❑ Yes ® No: Did the PHA's analysis of its family(general occupancy) developments to determine concentrations of poverty indicate the need for measures to promote deconcentration of poverty or income mixing? (See attacbment W) b. ❑ Yes ® No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? c. If the answer to b was yes, what changes were adopted? (select all that apply) ❑ Adoption of site-based waiting lists If selected, list targeted developments below: ❑ Employing waiting list"skipping" to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: 22 form HUD 50075(03/2003) rya J`�y $ fi ❑ Employing new admission preferences at targeted developments If selected, list targeted developments below: e, ❑ Other: ,s d. ❑ Yes ❑ No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) ❑ Additional affirmative marketing = t ❑ Actions to improve the marketability of certain developments ❑ Adoption or adjustment of ceiling rents for certain developments ❑ Adoption of rent incentives to encourage deconcentration of poverty and income-mixing �? ❑ Other: f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher-income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such efforts ❑ List (any applicable) developments below: g. Based on the results of the required analysis, in which developments will the PHA make1 E� special efforts to assure access for lower-income families? (select all that apply) ❑ Not applicable: results of analysis did not indicate a need for such effortsf ❑ List (any applicable) developments below: j 71 B. Section 8 Exemptions: PHAs that:do not administer section 8 are not required to complete sub_component 313. Unless otherwise specified,all questions in this section apply only to the tenant-based section 8 assistance program(vouchers,and until completely merged into the voucher program,certificates). z (1) Eligibility 3, a. What is the extent of screening conducted by the PHA? (select all that apply) ® Criminal or drug-related activity only to the extent required by law or regulation `. ❑ Criminal and drug-related activity, more extensively than required by law or regulation F� ❑ More general screening than criminal and drug-related activity(list factors below) n ® Other: Income verification through a third party; credit history if fraud is suspected; sex offender history. b. ® Yes ❑ No: Does the PHA request criminal records from local law enforcement ' }' agencies for screening purposes? , c. ❑ Yes ® No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? >; d. ❑ Yes ® No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC-authorized source) s, tf 23 form HUD 50075(0312003) r jz E pY Y e. Indicate what kinds of information you share with prospective landlords? (select all that apply) ❑ Criminal or drug-related activity ® Other: Rental history and related lease compliance (2) Waiting List Organization a. With which of the following program waiting Iists is the section 8 tenant-based assistance waiting list merged? (select all that apply) ❑ None ❑ Federal public housing ® Federal moderate rehabilitation ❑ Federal project-based certificate program ® Other federal or local program: 1. The Section 8 Community Investment demonstration program 2. Designated housing for persons with disabilities (Special 200) b. Where may interested persons apply for admission to section 8 tenant-based assistance? (select all that apply) ❑ PHA main administrative office ® Other: Central Waiting List Office (3) Search Time a. ❑ Yes ❑ No: Does the PHA give extensions on standard 60-day period to search for a unit? If yes, state circumstances below: Extensions beyond 120 days are given if the applicant demonstrates extensive but futile efforts to find a unit. Admissions Preferences a. Income targeting ❑ Yes ® No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. ® Yes ❑ No: Has the PHA established preferences for admission to section 8 tenant- based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 24 form HUD 50075(03/2003) Y+R 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences ❑ Involuntary Displacement (Disaster, Govermuent Action, Action of Housing Owner, , Inaccessibility, Property Disposition) ® r_ Victims of domestic violence ❑ Substandard housing Homelessness ❑ High rent burden (rent is>50 percent of income) ; Other preferences (select all that apply) '; ❑ Working families and those unable to work because of age or disability ' ® Veterans and veterans' families ® Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) ❑ Those previously enrolled in educational, training, or upward mobility programs ® Victims of reprisals or hate crimes ® Other preference(s): Terminally ill; Victim/Witness Protection Program; Lottery Selections (if utilized). 3. If the PHA will employ admissions preferences,please prioritize by placing a"1" in the space that represents your first priority, a"2"in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use "1"more than once, "2"more than once, etc. 1 Date and Time Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) 2 Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) ❑ Working families and those unable to work because of age or disability ® 3 Veterans and veterans' families ® 1 Residents who live and/or work in your jurisdiction ❑ Those enrolled currently in educational, training, or upward mobility programs ❑ Households that contribute to meeting income goals (broad range of incomes) ❑ Households that contribute to meeting income requirements (targeting) 25 form HUD 50075(03/2003) k ❑ Those previously enrolled in educational, training, or upward mobility programs ® 2 Victims of reprisals or hate crimes ® Other preference(s): Terminally Ill . . . . . . . . . . . . . 2 Victim/Wituess Protection . . . 2 Lottery Selections (if utilized) 1 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) ❑ Date and time of application ® Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for"residents who live and/or work in the jurisdiction" (select one) ❑ This preference has previously been reviewed and approved by HUD ® The PHA requests approval for this preference through this PHA Plan 6. Relationship of preferences to income targeting requirements: (select one) ❑ The PHA applies preferences within income tiers ® Not applicable: the pool of applicant families ensures that the PHA will meet income targeting requirements (5) Special Purpose Section 8 Assistance Programs a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) ® The Section 8 Administrative Plan ® Briefing sessions and written materials ❑ Other(list below) b. How does the PHA announce the availability of any special-purpose section 8 programs to the public? ® Through published notices ® Other: Through direct service providers 4. PHA Rent Determination Policies [24 CFR Part 903.7 9(d)] A. Public Housing Exemptions: PHAs that do not administer public housing are not required to complete sub-component 4A. (1) Income Based Rent Policies Describe the FHA's income based rent setting policy/ies for public housing using, including discretionary(that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. 26 form HUD 50075(03/2003) ,i a. Use of discretionary policies: (select one) ® The PHA will not employ any discretionary rent-setting policies for income based rent in public housing. Income-based rents are set at the higher of 30% of adjusted monthly ; income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub-component (2)) ' ---or--- r i.; ❑ The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 4. 1. What amount best reflects the PHA's minimum rent? (select one) ' ❑ $o r ❑ $1-$25 ® $26-$50 2. ® Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: See HACCC Public Housing Manual, page 6-3; "Criteria for Hardship Exemptions". c. Rents set at less than 30% than adjusted income 1. ❑ Yes ® No: ;floes the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances .under which these will be used below: d. Which of the discretionary (optional) deductions and/or exclusions policies does the PHA plan to employ(select all that apply) ❑ For the earned income of a previously unemployed household member ❑ For increases in earned income ❑ Fixed amount (other than general rent-setting policy) If yes, state amounts and circumstances below: ❑ Fixed percentage (other than general rent-setting policy) If yes, state percentage/s and circumstances below: ❑ For household heads ❑ For other family members ❑ For transportation expenses ❑ For the non-reimbursed medical expenses of non-disabled or non-elderly families ❑ Other (describe below) 27 form HUD 50075(03/2003) ;f e_ Ceiling rents 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) ❑ Yes for all developments ❑ Yes but only for some developments ❑ No 2. For which kinds of developments are ceiling rents in place? (select all that apply) ❑ For all developments ❑ For all general occupancy developments (not elderly or disabled or elderly only) ❑ For specified general occupancy developments ❑ For certain parts of developments; e.g., the high-rise portion ❑ For certain size units; e.g., larger bedroom sizes ❑ Other(list below) 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) ❑ Market comparability study ❑ Fair market rents (FMR) ❑ 95`h percentile rents ❑ 75 percent of operating costs ❑ 100 percent of operating costs for general occupancy(family) developments ❑ Operating costs plus debt service ❑ The"rental value" of the unit ❑ Other(list below.) f. Rent re-determinations: 1. Between income reexaminations,how often must tenants report changes in income or family composition to the PHA such that the changes result in an adjustment to rent? (select all that apply) ❑ Never ❑ At family option ❑ Any time the family experiences an income increase ❑ Any time a family experiences an income increase above a threshold amount or percentage: (if selected, specify threshold) ® Other: Any time the family experiences an income decrease or a change in family composition. 28 form HUD 50075(03/2003) g. ❑ Yes ® No: Does the PHA plan to implement individual savings accounts for residents (ISAs) as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? (2) Flat Rents n 1. In setting the market-based flat rents, what sources of information did the PHA use to establish comparability? (select all that apply.) The section S rent reasonableness study of camparable housing � ❑ Survey of rents listed in local newspaper t ® Survey of similar unassisted units in the neighborhood ® Other: Age of housing stock, amenities,rental market and PUM formula k �r }a- } Ya B. Section 8 Tenant-Based Assistance Exemptions: PHAs that do not administer Section 8 tenant-based assistance are not required to complete sub- component 413.Unless otherwise specified,all questions in this section apply only to the tenant-based section 8 assistance program(vouchers,and until completely merged into the voucher program,certificates). yti' �., (1) Payment Standards ,<a Describe the voucher payment standards and policies. w a. What is the PHA's payment standard? (select the category that best describes your standard) ® At or above 90% but belowl00% of FMR ❑ 100% of FMR Above 100°la but at or below 1'10°/a of FMR77 :. t;' ❑ Above 110% of FMR(if HUD approved; describe circumstances below) b. If the payment standard is lower than FMR.,why has the PHA selected this standard? (select ' all that apply) ® FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area ® The PHA has chosen to serve additional families by lowering the payment standard Reflects market or submarket "' ❑ Other(list below) c. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all ' that apply) x `$ ❑ FMRs are not adequate to ensure success among assisted families in the FHA's segment of the FMR area41 ❑ Reflects market or submarket ❑ To increase housing options for families ; g 29 form HUD 50075(03/2003) � e N w y�S ❑ Other(list below) d. How often are payment standards reevaluated for adequacy? (select one) ❑ Annually ® Other: As often as necessary to reflect changing market conditions e. What factors will the PHA consider in its assessment of the adequacy of its payment standard? (select all that apply) ® Success rates of assisted families ® Rent burdens of assisted families ® Other: Mix of market pressure, landlord participation, lease-up rate and the greatest number of households served (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) ❑ $0 ❑ $1-$25 ® $26-$50 b. ® Yes ❑ No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? (if yes, list below) 5. Operations and Manallement [24 CFR Part 903.7 9(e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A;B,and C(2) A. PHA Management Structure Describe the PHA's management structure and.organization. (select one) ® An organization chart showing the PHA's management structure and organization is attached. ❑ A brief description of the management structure and organization of the PHA follows: B. HUD Programs Under PHA Management List Federal programs administered by the PHA,number of families served at the beginning of the upcoming fiscal year,and expected turnover in each. (Use"NA"to indicate that the PHA does not operate any of the programs listed below. Program Name Units or Families Expected Served at Year Turnover Beginning Public Housing 19168 175 Section 8 Vouchers 69491 157 Section 8 Certificates N/A N/A Section 8 Mod Rehab N/A N/A Special Purpose Section 8 Certificates/Vouchers 229 N/A 30 form HUD 50075(03/2003) list individually) Public Housing Drug Elimination Program N/A N/A (PHDEP Other Federal Programs(list 5 -0- individually) Youthbuild C. Management and Maintenance Policies List the PHA's public housing management and maintenance policy documents,manuals and handbooks that contain the Agency's rules, standards,and policies that govern maintenance and management of public housing, : including a description of any measures necessary for the prevention or eradication of pest infestation(which includes cockroach infestation)and the policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) (2) Section 8 Management: (list below) 6. PHA Grievance Procedures [24 CFR Part 903.7 9(fl] Exemptions from component 6: High performing PHAs are not required to:complete component 6. Section 8-Only PHAs are exempt from sub-component 6A. A. Public Housing 1. FQ1 Yes ❑ No: Etas the PHA established any written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: See Attachment"P", "Complaints, Grievances and Appeals" 2. Which PHA office should residents or applicants to public housing contact to initiate the PHA grievance process? (select all that apply) ® PHA main administrative office ® PHA development management offices ❑ Other(list below) B. Section 8 Tenant-Based Assistance 1. ® Yes ❑ No: Has the PHA established informal review procedures for applicants to the Section 8 tenant-based assistance program and informal hearing procedures for families assisted by the Section 8 tenant-based assistance program in addition to federal requirements found at 24 CFR 982? If yes, list additions to federal requirements below: See Attachment"Q", "Complaints and Appeals" 2. Which PHA office should applicants or assisted families contact to initiate the informal review and informal hearing processes? (select all that apply) ® PHA main administrative office ® Other: Section 8 Housing Choice Voucher central office 31 form HUD 50075(03/2003) k . 7. Capital Improvement Needs [24 CFR Part 903.7 9(g)] Exemptions from Component 7: Section 8 only PRAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from sub-component 7A:. PHAs that will not participate in the Capital Fund Program may skip to component 7B. All other PHAs.must complete 7A as instructed. (1) Capital Fund Program Annual Statement Using parts 1,II,and III of the Annual Statement for the Capital Fund Program(CFP),identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table .library at the end of the PHA Plan template OR, at the PHA's option,by completing and attaching a.properly updated HUD-52837. Select one: ® The Capital Fund Program Annual Statement is provided as an attachment to the PHA Plan at Attachment"E" -or- The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) (2) Optional 5-Year Action Plan Agencies are encouraged to include.a 5-Year Action Plan covering capital work items.This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD-52834: a. ® Yes ❑ No: Is the PHA providing an optional 5-Year Action Plan for the Capital Fund? (if no, skip to sub-component 713) b. If yes to question a, select one: ® The Capital Fund Program 5-Year Action Plan is provided as an attachment to the PHA Plan at Attachment (state name -or- ❑ The Capital Fund Program 5-Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non-Capital Fund) Applicability of sub-component 713: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. 32 form HUD 50075(03/2003) ❑ Yes ® No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for ) each grant) 1. Development name: 2. Development (project)number: _' 3. Status of grant: (select the statement that best describes the current status) ❑ Revitalization Plan under development ❑ Revitalization Plan submitted, pending approval s ❑ Revitalization Plan approved ❑ Activities pursuant to an approved Revitalization Plan underway ' ❑ Yes ® No: c)Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name/s below: ® Yes ❑ No: (1) Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: It is dependent upon funding availability. Targeted site is CAOI1-009A. N Yes ❑ No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: It is dependent upon funding availability. Targeted site is CA011-009A. 8. Demolition and Disposition [24 CFR Part 903.7 9(h)] Applicability of component 8:. Section 8 only PHAs are not required to complete this section. 1. ® Yes ❑ No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437p)) in the plan Fiscal Year? (If"No", skip to component 9; if "yes", complete one activity description for each development.) 2. Activity Description ® Yes ❑ No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If"yes", skip to component 9. If"No", complete the Activity Description table below.) Demolition/Disposition Activity Description Ia. Development name: Las Deltas lb. Development (project) number: 11009A, 11009B 2. Activity type: Demolition 33 form HUD 50075(03/2003) Disposition 3. Application status (select one) Approved ❑ Submitted,pending approval ❑ Planned application 4. Date application approved, submitted, or planned for submission: 12/30/06 5. Number of units affected: 87 6. Coverage of action (select one) ® Part of the development ❑ Total development 7. Timeline for activity: a.Actual or projected start date of activity: 10/01/06 b. Projected end date of activity: 06/30/07 Demolition/Disposition Activity Description Ia. Development name: EI Pueblo Ib. Development roject number: 11005 2. Activity type: Demolition ❑ Disposition 3. Application status (select one) Approved ❑ Submitted,pending approval ❑ Planned application 4. Date application approved, submitted, or planned for submission: 12/31/05 5. Nutnber of units affected: 176 6. Coverage of action(select one) ❑ Part of the development ® Total development 7. Timeline for activity: a. Actual or projected start date of activity: 10/01/06 b. Projected end date of activity: 06/30/07 9. Designation of Public Housing for Occupancy by Elderly Families or Families with Disabilities or Elderly Families and Families with Disabilities [24 CFR Part 903.7 9(i)] Exemptions from Component9-1Section 8 only PHAs are not required to complete this section. 1. ❑ Yes ® No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If"No", skip to component 10. If"yes", complete one activity description for each development, unless the PHA is eligible to 34 form HUD 50075(03/2003) complete a streamlined submission; PHAs completing streamlined submissions may skip to component 10.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? If"yes", skip to component 10. If"No", complete the Activity Description table below. t. Designation of Public Housing Activity Description 1 a. Development name: Ib. Development(project)number: 2. Designation type: Occupancyby only the elderly ❑ Occupancy by families with disabilities ❑ Occupancy by only elderly families and families with disabilities ❑ 3. Application status (select one) Approved; included in the PHA's Designation Plan ❑ h Submitted,pending approval ❑ Planned application ❑ 4. Date this designation approved, submitted, or planned for submission: (DDddM/YY) 5. If approved, will this designation constitute a(select one) ❑ New Designation Plan ❑ Revision of a previously-approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) ❑ Part of the development ❑ Total development 10. Conversion of Public Housinjz to Tenant-Based Assistance [24 CFR Part 903.7 9 0)] Exemptions from Component 10; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1. ❑ Yes ® No: Have any of the PHA's developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the b. e HUD FY 1996 HUD Appropriations Act? (If"No", skip to component �. 11; if"yes", complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 11.) 2. Activity Description ❑ Yes ❑ No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management 3' 35 form HUD 50075(03/2003) Table? If"yes", skip to component 11. If"No", complete the Activity Description table below. Conversion of Public Housing Activity Description Ia. Development name: lb. Development (project)number: 2. What is the status of the required assessment? ❑ Assessment underway ❑ Assessment results submitted to HUD ❑ Assessment results approved by HUD (if marked, proceed to next question) ❑ Other(explain below) 3. ❑ Yes ❑ No: Is a Conversion Plan required? If yes, go to block 4; if no, go to block 5. 4. Status of Conversion Plan (select the statement that best describes the current status) ❑ Conversion Plan in development ❑ Conversion Plan submitted to HUD on: (DD/MN1/YYYY) ❑ Conversion Plan approved by HUD on: (DD/MM/YYYY) ❑ Activities pursuant to HUD-approved Conversion Plan underway 5. Description of how requirements of Section 202 are being satisfied by means other than conversion(select one) ❑ Units addressed in a pending or approved demolition application (date submitted or approved: ❑ Units addressed in a pending or approved HOPE VI demolition application(date submitted or approved: ) ❑ Units addressed in a pending or approved HOPE VI Revitalization Plan (date submitted or approved: ) ❑ Requirements no longer applicable: vacancy rates are less than 10 percent ❑ Requirements no longer applicable: site now has less than 300 units ❑ Other: (describe below) B. Reserved for Conversions pursuant to Section 22 of the U.S. Housing Act of 1937 C. Reserved for Conversions pursuant to.Section 33 of the U.S.Housing Act of 1937 11 Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9(k)] A. Public Housing Exemptions from Component 1 IA: Section 8 only PHAs are not required to complete 1 IA. 1. ® Yes ❑ No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 5(h) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE 1 program (42 U.S.C..1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5(h), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 1437z-4). (If "No", skip to component 1113; if"yes", complete one activity description 36 form HUD 50075(03/2003) for each applicable program/plan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 1113.) 2. Activity Description ❑ Yes ® No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? (If"yes", skip to component 12. If"No", complete the Activity Description table below.) Public Housing Homeownership Activity Description (Complete one for each development affected Ia. Development name: Las Deltas lb. Development roject number: CA09A and CA09B 2. Federal Program authority: ❑ HOPE I ❑ 5(h) ❑ Turnkey III ® Section 32 of the USHA of 1937 effective 10/1/99 3. Application status: (select,one) ❑ Approved; included in the PHA's Homeownership Plan/Program ❑ Submitted, pending approval F ® Planned application 4. Date Homeownership Plan/Program planned for submission: 01/03/2005 5. Number of units affected: 90 } 6. Coverage of action: (select one) ® Part of the development ❑ Total development B. Section 8 Tenant Based Assistance- See Attachment S, Section 8 f Homeownership Option Program 1. ® Yes ❑ No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If"No", skip to component 12; if"yes", describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) 2. Program Description: See Attachment S a. Size of Program 37 form HUD 50075(03/2003) i ® Yes ❑ No: Will the PHA limit the number of families participating in the section 8 homeownership option? Yes, participation is limited to 1% of baseline voucher allocation. If the answer to the question above was yes, which statement best describes the number of participants? (select one) ❑ 25 or fewer participants ❑ 26 - 50 participants ® 51 to 100 participants ❑ more than 100 participants b. PHA-established eligibility criteria ❑ Yes ® No: Will the PHA's program have eligibility criteria for participation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria below: 12. PHA Community Service and Self-sufficiency Programs [24 CFR Part 903.7 9(1)] Exemptions from Component 12: High performing and small PHAs are not required to complete this component. Section 8=0nly PHAs are not required to complete sub-componentC. A. PHA Coordination with the Welfare (TANF) Agency 1. Cooperative agreements: ® Yes ❑ No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? 03/20/01 2. Other coordination efforts between the PHA and TANF agency(select all that apply) ® Client referrals ® Information sharing regarding mutual clients (for rent determinations and otherwise) ® Coordinate the provision of specific social and self-sufficiency services and programs to eligible families ❑ Jointly administer programs ❑ Partner to administer a HUD Welfare-to-Work voucher program ❑ Joint administration of other demonstration program ® Other(describe) B. Services and programs offered to residents and participants (11 General a. Self-Sufficiency Policies 38 form HUD 50075(0312003) Which, if any of the following discretionary policies will the PHA employ to enhance the economic: and social self-sufficiency of assisted families in the following areas? (select all that apply) ® Public housing rent determination policies ❑ Public housing admissions policies ❑ Section 8 admissions policies ❑ Preference in admission to section 8 for certain public housing families ❑ Preferences for families working or engaging in training or education programs for non-housing programs operated or coordinated by the PHA ❑ Preference/eligibility for public housing homeownership option participation ❑ Preference/eligibility for section 8 homeownership option participation ❑ Other policies (list below) . b. Economic and Social self-sufficiency programs ® Yes ❑ No: Does the PHA coordinate, promote or provide any programs to , enhance the economic and social self-sufficiency of residents? (If "yes", complete the following table; if"no" skip to sub-component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. Services and Programs Program Name&Description Estimated Allocation Access Eligibility (including location,if appropriate) Size Method (development office/ (public housing or (waiting PHA main office/ section 8 list/random other provider name) participants or selection/specific both) criteria/other) Rubicon,No.Richmond 10-15 day Random Las Deltas CA006 Public Housin Tech Center,Pittsburg_ 75/da WaitingList El Pueblo,CA 005 Public Housin >:. E] (2) Family Self Sufficiency programs a. Participation Description Famil Self SufTicienc FSS Partici ati Program Required Number of Participants Actual Number of Participants start of FY 2005 Estimate As of:.09/30/05 Public Housing Section 8 460 247 b. ® Yes ❑ No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: C. Welfare Benefil:Reductions 39 form HUD 50075(03/2003) I. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requirements) by: (select all that apply) ® Adopting appropriate changes to the PHA's public housing rent determination policies and train staff to carry out those policies ® Informing residents of new policy on admission and reexamination ® Actively notifying residents of new policy at times in addition to admission and reexamination. ® Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services ® Establishing a protocol for exchange of information with all appropriate TANF agencies ❑ Other: (list below) D. Reserved for Community Service Requirement pursuant to section 12(c) of the U.S. Housing Act of 1937 13. PHA Safety and Crime Prevention Measures [24 CFR Part 903.7 9(m)] Exemptions from Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plant may skip to sub-component D. A. Need for measures to ensure the safety of public housing residents 1. Describe the need for measures to ensure the safety of public housing residents (select all that apply) ® High incidence of violent and/or drug-related crime in some or all of the PHA's developments ® High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments ® Residents fearful for their safety and/or the safety of their children ❑ Observed lower-level crime, vandalism and/or graffiti ❑ People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime ❑ Other(describe below) 2. What information or data did the PHA used to determine the need for PHA actions to improve safety of residents (select all that apply). ® Safety and security survey of residents ® Analysis of crime statistics over time for crimes committed"in and around"public housing authority ❑ Analysis of cost trends over time for repair of vandalism and removal of graffiti ❑ Resident reports ❑ PHA employee reports ❑ Police reports ❑ Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs 40 form HUD 50075(03/2003) ® Other: HUD Resident Surveys s 3. Which developments are most affected? CA011-005; CA011-006; CA011-9A; CA011- 0913; CA011-16 I B. Crime and Drug Prevention activities the PHA has undertaken or plans to undertake ?_ in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all ; that apply) ® Contracting with outside and/or resident organizations for the provision of crime- and/or drug-prevention activities ❑ Crime Prevention Through Environmental Design i ® Activities targeted to at-risk youth, adults, or seniors Volunteer Resident Patrol/Block Watchers Program: Neighborhood Watch Other: Contracting with local law enforcement agencies 2. Which developments are most affected? CA011-005; CA011-006; CA011-9A; CA011- ', 098; CA011.-10 C. Coordination between PHA and the police T , 1. Describe the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) K. ❑ Police involvement in development, implementation, and/or ongoing evaluation of drug-elimination plan 4 x'` ® Police provide crime data to housing authority staff for analysis and action ® Police have established a physical presence on housing authority property(e.g., community policing office, officer in residence) ® Police regularly testify in and otherwise support eviction cases t ® Police regularly meet with the PHA management and residents k: ® Agreement between PHA and local law enforcement agency for provision of above- ;a baseline law enforcement services ❑ Other activities (list below) } 2. Which developments are most affected? CA011-005; CA011-006; CA011-9A; CA011- i 09B; CA011-10 E D. Additional information as required by PHDEP/PHDEP Plan PHAs eligible for FY 2000 PHDEP funds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. j F ❑ Yes ® No: Is the PHA eligible to participate in the PHDEP in the fiscal year covered by this PHA Plan? ❑ Yes ® No: Has the PHA included the PHDEP Plan for FY 2005 in this PHA Plan? ❑ Yes ® No: This PHDEP Plan is an Attachment. (Attachment Filename: z 41 form HUD 50075(03/2003) a now g k tS "V1, 14. RESERVED FOR PET POLICY [24 CFR Part 903.7 9(n)] See Attachments N "Pet Policy Elderly/Disabled Projects", and Attachment O, "Pet Policy General Occupancy (Family) Projects" 15. Civil Riizhts Certifications [24 CFR Part 903.7 9(o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 16. Fiscal Audit [24 CFR Part 903.7 9(p)] 1. ® Yes ❑ No: Is the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) 2. ® Yes ❑ No: Was the most recent fiscal audit submitted to MUD? 3. ❑ Yes ® No: Were there any findings as the result of that audit? 4. ❑ Yes ❑ No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? 5. ❑ Yes ❑ No: Have responses to any unresolved findings been submitted to HUD? If not, when are they due (state below)? 17. PHA Asset Management [24 CFR Part 903.7 9(q)] Exemptions from component 17: Section 8 Only PHAs are not required to,complete this component. High performing and small PHAs are not required to complete this component. 1. ® Yes ❑ No: Is the PHA engaging in any activities that will contribute to the long-term asset management of its public housing stock , including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that apply) ❑ Not applicable ❑ Private management ® Development-based accounting ❑ Comprehensive stock assessment ❑ Other: (list below) 3. ❑ Yes ® No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 18. Other Information 42 form HUD 50075(03/2003) [24 CFR Part 903.7 9(r)] A. Resident Advisory Board Recommendations 1. ® Yes ❑ No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Board/s? 2. If yes, the comments are: (if comments were received, the PHA MUST select one) ® Attached at Attachment G, Minutes of RAB Meeting, 9/29/05 ❑ Provided below: 3 3. In what manner did the PHA address those comments? (select all that apply) ❑ Considered comments, but determined that no changes to the PHA Plan were necessary. ❑ The PHA changed portions of the PHA Plan in response to comments List changes below: ❑ Other: (list below) B. Description of Election process for Residents on the PHA Board 1. ❑ Yes ® No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 1937? (If no, continue to question 2; if yes, skip to sub-component C.) 2. ❑ Yes ® No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub-component C.) 3. Description of Resident Election Process a.Nomination of candidates for place on the ballot: (select all that apply) ❑ Candidates were nominated by resident and assisted family organizations ❑ Candidates could be nominated by any adult recipient of PHA assistance ❑ Self-nomination: Candidates registered with the PHA and requested a place on ballot ❑ Other: (describe) b. Eligible candidates: (select one) ❑ Any recipient of PHA assistance ❑ Any head of household receiving PHA assistance ❑ Any adult recipient of PHA assistance ❑ Any adult member of a resident or assisted family organization ❑ Other(list) c. Eligible voters: (select all that apply) ❑ All adult recipients of PHA assistance (public housing and section 8 tenant-based assistance) ❑ Representatives of all PHA resident and assisted family organizations ❑ Other(list) C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan,make the following statement(copy questions as many times as necessary). 43 form HUD 50075(03/2003) 1. Consolidated Plan jurisdiction: Contra Costa County (excluding the city of Richmond) 2. The PHA has taken the following steps to ensure,consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ® The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plans. ® The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. ® The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. ® Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. Full utilization of assisted housing programs Rental rehabilitation program ❑ Other:. (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: Coordination and consultation with planning process Partnership in housing activities D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. In accordance with 24CFR903.21 and PIH Notice 99-51, the Housing Authority shall consider significant changes or substantial deviation/modifications to the Annual Plan to be defined as follows: • Changes to rent or admissions policies, or organization of the waiting list; • Substantial additions of non-emergency work items not included in the current annual statement or changes in the use of Replacement Reserve Fund under the Capital Fund; • Addition of new activities not included in the current Annual Plan; • Any change with regard to demolition or disposition, designation homeownership program or conversion activities The Housing Authority shall exercise due diligence and the"reasonable or prudent person" concept when determining the materiality of significant or substantial deviation/modifications. 44 form HUD 50075(0312003) ;r ti- tr' v i 1 Attachments �« N I' £ E_ r� « � p y Y M a $i 1�1 A' 3 � 1q x =� e3. 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O �y O ca- w o y 0 y O O' O p O p 0 0 0 O p' O O b o o n o o o o A o o a o o w o o o 0 0 o c`3o o N N w N 0o y p� o to ry cA p w N N P. (0 a M M N h r� tTj O OH v r N (U H r ti O a 'd ,N � GC. p y � rn O Oacncl y ✓ CD CD N y y a J .0--. N y CIO O fD [If o C> w 0 0 y o ny b CITI Kj C. o y cri� o cpo Q. Eg ° .p w tt1 a I . y o CD CD o �o o° C y"Vy` s� �•,k F - @xt y.,{• 9y ) x (o k �^,5 r -fin Sd 5 �d `�, a�'y�� eYYnt"N'}13 'F S*fi'�b' Si Attachment A HOUSING AUTHORITY . of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O.Box 2759 • Martinez,Califomia 94553 PHONE:(925)372-7400 FAX(925)372-0236 MEMBERS OF THE GOVERNING BOARD OF COMMISSIONERS District 1 John Gioia,Vice Chair 11780 San Pablo Avenue, Suite D EI Cerrito, CA 94530 District 2 Gayle B.Uilkema, Chair 651 Pine Street,Room 108A Martinez, CA 94553 District 3 Millie Greenberg 309 Diablo Road Danville,CA 94526 District 4 Mark DeSaulnier 2425 Bisso Lane, Suite 110 Concord, CA 94520 District 5 Federal D. Glover 315 East Leland Road Pittsburg, CA 94565 Diana Tenes 3160 Oak Road,#203 Walnut Creek, CA 94597 51 form HUD 50075(03/2003) Attaclunent B HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O.Box 2759 • Martinez,California 94553 PHONE:(925)372-7400 FAX(925)372-0236 MEMBERS OF ADVISORY HOUSING COMMISSION Alfred W.Fleck, Jr., Chair 174 Marcus Avenue Richmond, CA 94801-1704 Richard Lujan 3810 Crestview Drive Pittsburg,CA 94565 Nancy Dotson 312-1 Atlas Hercules,CA 94547 Geneva Green 2100 Buchanan Road,Apt. C504 Antioch, CA 94509 Julie Medina 4888 Clayton Rd.#43 Concord, CA 94521 Diana Tenes 1700 Botelho Drive Walnut Creek, CA 94596 52 form HUD 50075(03/2003) i Attachment C HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O. Box 2759 • Martinez, California 94553 PHONE: (925)372-7400 FAX(925)372-0236 Statement of Progress in Meeting the 5-year Plan Mission and Goals The Housing Authority of the County of Contra Costa (HACCC) in its efforts to increase the availability of decent safe and affordable housing in a good state of repair(DSA/GR) has implemented or accomplished the following: • The HACCC has developed a five-year action plan to increase the available housing in the Bay Point Community of the county by developing available land and leveraging available funds. The new development De Anza Gardens (a tax credit property), consisting of 180 units is now operational and leased. In addition to the above, the HACCC has also implemented or initiated the following activities to meet its 5 year goals: • A strategic planning meeting for the upcoming fiscal year has been scheduled for February 2006 to assess the HACCC goals, accomplishments and activities. This meeting includes HACCC management staff and advisory board members. • Maintains a landlord newsletter to develop better communications between Section 8 property owners and the HACCC. • Increased security at HACCC targeted public housing complexes by continuing communications and cooperation with local law enforcement agencies. This was accomplished through the renewal of security service agreements and purchasing direct voice communication devices between management staff, local sheriffs and law enforcement at three public housing complexes. The HACCC has rehabilitated one targeted public housing office to increase security and safety of staff; and restricting public access to staff areas. Staff has installed surveillance security devices at select sites to protect staff, tenants, and buildings. Other remedies to diminish crime at its public housing+ locations include a Neighborhood Watch and Block Captains programs. • The HACCC is currently operating a recreational facility for the youths at the Las Deltas Public Housing complex in North Richmond. This program will be re-evaluated periodically for other funding sources, since Congress has stopped grant funding under the Public Housing Drug Elimination Program. • The Housing Authority of the County of Contra Costa also partners with the Department of Justice with limited funding for "Camp DEFY" (Building Our Leaders for Tomorrow), a` mentoring and higher education program for the youth of Las Deltas in North Richmond, Bayo Vista in Rodeo, and in El Pueblo in Pittsburg, CA. • The HACCC's Family Self-Sufficiency(FSS) enrollment is currently 247. Since the inception, of the program in 1993,there have been 93 graduates from the FSS Program. 53 form HUD 50075(03/2003) k Attachment D FY 2001/02 - 2004/5 Contra Costa Consolidated Plan April 2000 City of Antioch Concord California The Seal of Contra Costa County California Pittsburg City of Walnut Creek 54 form HUD 50075(03/2003) R . L w �p C N L N w L `"" w � ai cl w N a o t .t. N ,p ah ^U O o O to 12 a O € o e N r, a O y O d _ w rA ax N R M W o p L a U Cz d C Rc7 w L C a) O ' L a 0. •> R G 0 N o00Co aoC> 00 0 oa ao00 sn z. a •a=" °' aoo [? o rn C? 0 o0 0 000" o000 nMkncN~vN cv rn nN Avon ' M � a 03 Cl 0 '> O {n V CC r"n w L" "'" O C v ( i y t .� o m C4 v atii U7 ❑ e d o Q aa a) i 0) C �N,, V) v) 0 , ..o O U W e a4) 0 y a°r o u o 0 0 V) W p O Oa+ � R. R O O N Cr- 01 ro G o O U w co > p yy ro a r^ C C p a ti o C4 K p a co .a .Q dl Qo Wo G . W yj O a m c A U C v 3 3 o m ."a w a a R >� L G C 'b N aI > as N +.+ p W 4.-i 4. 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Q « f \ / \ J \ / \ / \ = / 2 / » 7 / } / \ ƒ { 2y \ ) ® # » ® \ _ 02 = 4o , u ; o u ujuuuma / a7 / ] \ $ ® Ir Attachment F j- a HOUSING AUTHORITY of they COUNTY OF CONTRA COSTA 3133 Estudillo Street P. O.Box 2759 Martinez, CA 94553 Telephone (925)372-7400 Fax(925)372-3206 RESIDENT ADVISORY BOARD MEMBERS 2005 / 2006 - Gloria Martin Deborah Drake Dianne Angle,RAB President El Pueblo Resident Council Bayo Vista Resident Council Elder Winds Resident Council 52 Treatro Ave.,#261 23 California Street 2100 Buchanan Rd.,#A216 Pittsburg,CA 94565 Rodeo,CA 94572 Antioch,CA', 94509 s: Wendell Booth Mary Dempsey Geneva Green Elder Winds Resident Council Elder Winds Elder Winds Resident Council 2100 Buchanan Road, #A104 2100 Buchanan Road,#B314 2100 Buchanan Road,#C504 Antioch,CA 94509 Antioch,CA 94509 Antioch, CA 94509 Ben Laskari Shirley Marion Lucretia Wallace Casa Serena Resident Council Casa Serena Resident Council El Pueblo Resident Council 1045 Clearland Drive 1055 Clearland Drive 190 Corte Maria,#368 . Bay Point,CA 94565 Bay Point,CA 94565 Pittsburg,CA 94565 e. Kay Smith Genieva Gray Lillie Bairos , Bayo Vista Resident Council Elder Winds Resident Council Bayo Vista Resident Council 23 California Street 2100 Buchanan Rd.,#A102 107 California Street Rodeo,CA 94572 Antioch,CA 94509 Rodeo,CA 94572 Tena Sloan,Section 8 Rep. Melvin Jackson ' G y' 608 West 11th Street El Pueblo Resident Council Antioch,CA 94509 160 Corte Maria,#365 Pittsburg,CA 94565 b.• s' k j FY 2006 Annual Plan z' 61 form HUD 50075(0312003) '`' Attaclunent G HOUSING AUTHORITY . 170n-gv OF THE COUNTY OF CONTRA COSTA .Fordable hwsmg soW bons AGENDA RESIDENT ADVISORY BOARD Thursday, September 29, 2005 5:00 P.M. Large Conference Room 1. Welcome 2. Approve Minutes of the last meeting 3. Nomination/election of officers: President, Vice President and Secretary-Treasurer 4. Approval of the 2006 Annual Plan 5. Update from Rudy Tamayo, Deputy Executive Director Operations 6. Update from Ralph Rosario, Director of Managed Housing Programs 7. Update from Robert Moore, Acting Director of Development 8. Other business FY 2006 Annual Plan 62 form HUD 50075(03/2003) Attachment G a : F = HOUSING AUTHORITY COUNTY Of CONTRA COST, MINUTES Resident Advisory Board t, Thursday,September 29,2005 5:00 P.M. Attendees: Wendell Booth,Elder Winds Resident Council;Geneva Green,RAB Secretary-Treasurer,Mary Dempsey, Elder Winds;Kay Smith,Bayo Vista Resident Council;Lillie Balros,Bayo Vista Resident Council; Behran Laskari, Casa Serena Resident Council;Shirley Marion,Casa Serena Resident Council;Tena Sloan,Section 8 Participant; I " Robert Moore,Acting Director of the Development Department,HACCC; Ralph Rosario,Director of Managed Housing Programs; Mary.F.Granacha,Secretary Housing OperationsHACCC. NEXT MEETING: Wednesday,November 9,.2005 In the absence of RAB President Dianne Angle, Mr. Rosario opened the meeting at 5:10 a.m. The minutes from the last meeting were approved as written, The nomination of officers was opened: M!S/P Dianne Angle was nominated and unanimously approved to serve as President of the RAB. a M/SIP Mary Dempsey was nominated to serve as Vice President of the RAB;and the vote was unanimous. tea. Geneva Green was asked to serve again as Secretary-Treasurer,but she respectfully declined to serve again. MISIP Ben Laskari was nominated for Secretary-Treasurer,and the vote for him was unanimous. Mr.Rosario introduced the 2006 Annual Plan,explaining the changes that will be necessary for the next fiscal year. Mr.Moore explained the change items in the Capital Fund Pian for fiscal year 2006 for the HACCC,and how the sums occasionally ebb and fluctuate as the needs arise and change. MISIP Mr.Rosario moved that the Annual Plan be approved as presented in the draft,with the suggested corrections. .. The show of hands was unanimous. Mr.Rosario informed the members of the RAB that our next meeting will be on November 9,2005,to include the Public Hearing. it was suggested that the meeting begin at 4:30 so that there is time for a potluck dinner. u Mr.Rosario announced the retirement of the Executive Director of the Housing Authority,Robert McEwan,effective t October 1,2005. Rudy Tamayo will serve as Acting Executive Director for the interim until the position is filled.. Discussion followed regarding the Katrina Hurricane evacuees,and several problems in the developments. Mr.Laskari distributed some information regarding emergency services in the County. Mr.Rosario adjourned the meeting at 6:40 pm. Respectfully subItted, AT ,L-- Mary F. ranacha Secretary Housing Operations s, 3133 ES T UOILLO STREET• PO.BOX 2759 0 MARTINEZ.,CALIFORNIA 94553 i PFIONE(925)957-8000®FAX(925)372.-0236 amw.en^.Tree:>5!ahW 51n�.urg '. ..._.._._ ._ ._....... _.... .. _ ..... . .. FY 2006 Annual Plan iy i 63 form HUD 50075(03/2003) Ys j i Attachment H HOUSING AUTHORITY of the ` COUNTY OF CONTRA COSTA airs+dablr housing solnncns Wednesday, November 9, 2005 5:30 p.m. Public Hearing Meeting 6:00 p.m. Large Conference Room 1. Welcome 2. Approve Minutes of last meeting 3. Approval of the 2006 Annual Plan 4. Update from Ralph Rosario, Director of Managed Housing Programs 5. Update from Robert Moore, Acting Director of Development 6. Other Business 7. Close RAB Meeting 8. Open Public Hearing Meeting 9. Comments — Fiscal Year 2006 — 07 PHA Annual Plan 10.Close Public Hearing 11.Close Meeting FY 2006 Annual Plan 64 form HUD 50075(03/2003) N� i �. Attachment I PUBLIC NOTICE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA The Housing Authority of the County of Contra Costa is conducting a Public Hearing for its FY 2006 Annual Plan. Public Hearing Location: 3133 Estudillo Street Martinez,CA 94553 Date:Wed.,Nov.9,2005 Time: 6:00 pm Copies of plan available at following locations: WEST COUNTY No.Richmond Housing Authority Office 1601 N.Jade Street No.Richmond,CA 94801 Rodeo Housing Authority Office 2 California Street Rodeo,CA 94572 CENTRAL COUNTY Martinez Housing Authority Office 3133 Estudillo Street Martinez,CA 94553 Section 8 Housing Choice Voucher Office 1805 Arnold Drive Martinez,CA 94553 EAST COUNTY El Pueblo Housing Authority Office 875 El Pueblo Ave. Pittsburg,CA 94565 Oakley Housing Authority Office 990 A Rosemary Lane Oakley,CA 94561 FY 2006 Annual Plan 65 form HUD 50075(03/2003) t01 ng , ' W "v-esrp�# Attaclunent I Minutes Resident Advisory Board Wednesday, November 09, 2005 5:30 p.m. Attendees: Ralph Rosario,Director of Managed Housing Programs,HACC; Dianne Angle,RAB President and Elder Winds Resident; Gloria Martin, El Pueblo Resident Council;Wendell Booth,Elder Winds Resident Council; Geneva Green, Elder Winds Resident Council;Mary Dempsey,Elder Winds Resident Council; Kay Smith, Bayo Vista Resident Council; Lillie Bairos,Bayo Vista Resident Council; Deborah Drake,Bayo Vista Resident Council;Shirley Marion,Casa de Serena Resident Council;Behram Laskari, Casa Serena Resident Council;Tena Sloan, Section 8 Participant; Robert Moore,Acting Director of Development,HACCC; Colleen L. Morillo,Development Department Secretary,HACCC Ralph Rosario called the meeting to order and passed out the agenda and the attendance sheets. He thanked all those present for coming to this important meeting. He then asked that we have a moment of silence honoring our soldiers serving overseas and our loved ones who have passed on. In following,Mr.Rosario explained that this could very well be his last time to conduct this meeting as he is planning on a June retirement. He said that he would be leaving behind many good people. He then distributed copies of the 2006/07 Annual Plan for their review. Dianne Angle said she was glad to see a good turnout from the various housing developments. However,she also expressed her concern that there should be new people and more involvement. Diane moved to approve the minutes from the September 29,2005 meeting and Behram Laskari seconded the motion. It was unanimously approved. A discussion ensued on the Annual Plan. Ralph Rosario pointed out that the figures for the number of families served under our programs has changed. He also noted that the Las Deltas development is being planned for demolition/disposition and El Pueblo Development for disposition. Ms.Deborah Drake asked if it would affect the Head Start and was assured that it would not. Mr.Moore explained that should EI Pueblo be sold,the Housing Authority would take the proceeds and build a new building or acquire a newer building. Ms.Angle inquired if it would accommodate the same amount of families affected by the change. Mr.Moore said that it is hard to say. He did,however,point out that Los Medanos had only 86 units and was replaced by a tax credit property,the new 180 unit DeAnza Gardens. Mr.Rosario further explained that the process will mirror Los Medanos. The residents will work closely with credit counselors and Housing Authority staff in preparation for Section 8 housing,should they choose the Housing Choice Voucher Program. They can also remain in public housing if it is their desire to transfer to another public housing development within our jurisdiction. FY 2006 Annual Plan 66 form HUD 50075(03/2003) Attaclunent I Minutes RAB Meeting November 09,2005 Mr.Booth stated that Ire is grateful to be here after seeing the aftermath in Louisiana from the hurricane;landlords tossing out their tenants belongings on the street because the law says that they can do it. Mr.Moore further explained that we are not trying to get out of the public housing market. The existing units are so old that it is getting harder to maintain them to our standards. ' The meeting continued with a short discussion of the FSS Program. Mr. Rosario explained that since the programs inception in 1993 there have been about 93 graduates. He also pointed out that Julie Medina,a former Section 8 participant and Advisory Housing Commissioner was a FSS Graduate and now owns her own home and was appointed by the Board of Supervisors to the Advisory Housing Commission again. A success story of FSS. He also talked about Camp BOLT which is a mentoring and higher education 12 month program for the youth of Las ;« Deltas,Bayo Vista and El Pueblo. This program is funded by the Department of Justice. Part of the curriculum is attending a ten day summer camp located in Mendocino.Ms. Gloria-Martin inquired about the age requirement and how she would get El Pueblo youth involved in the program Ralph stated that the program is for 12—16 year olds and to get EI Pueblo youth in the camp BOLT program she should contact Mr.Ron Perkins,Director for the East County Boys and Girls Club in Pittsburg. t' Reviewing the CFP was next on the agenda and Shirley Marion of the Casa de Manana Development inquired about getting new roofs. Mr.Moore said that he was aware of reports that there were leaks in the roof at the development. The problem was located and repaired. He and the maintenance crew surveyed the other roofs to see if that same problem existed and s found no further problems. That being the case,it was decided that new roofs are not required. Ms Marion stated that she =r is still experiencing leakage in her unit. Ralph Rosario told her that if she does have a recurring leak,she is-to call him directly and he will contact Mr.Moore and the maintenance department. Mr.Laskari inquired about the installation of air conditioning units and Mr.Moore said that wall mounted units could 1 possibly,be installed. Mr.Moore said that right now he is working on a modernization project at the Bayo Vista development which was built in the 1960's. We are completing Phase 1I and soon will be beginning Phase 111. Consequently,other items could take priority over re-roofing Casa de Manana. We have to spread the CFP money we receive from HUD over all 15 developments. Mr.Booth asked about the repair of the Alarm System at Elder Winds. He said that it tends to act up or malfunction more often in the winter months. Mr.Moore said that he is aware of the problem and it is on the list for items to be addressed. _5 FY 2006 Annual Plan �r 67 'n form HUD 50075(03/2003) Attachment I Minutes RA13 Meeting November 09,2005 Ms.Angle noticed an error in the El Pueblo Resident Council. Mr.Rosario thanked her and said he would remove Ms. Wallace's name from the RAB Roster. Ms.Angle then moved to approve the 2006/07 Annual Plan with the changes as discussed and Bebram Laskari seconded the motion and the vote was unanimous. Ms.Angle informed all those present that even though work is conducted at the developments to upgrade and modernize them, the rents will not increase. Rents are based on the residents income. When your income goes up,then your rents increase. Rent increases are not affected by improvements to your unit. Ms.Angle said that Linda Givins is off on maternity leave and Judy Darab was filling in for her at the El Pueblo development. Mr.Rosario said that Mary Frances Granacha did have her surgery and is doing fine and is expected to return at mid December. There being nothing further to discuss the meeting was adjourned at 6:15 p.m. FY 2006 Annual Plan 68 form HUD 50075(03/2003) k. i k Attachment I ` Minutes PUBLIC HEARING November 09, 2005 6:00 p.m. my 2006 PHA Annual Plan & Five Year Plan (2005 — 2009) Attendees: Ralph Rosario,Director of Managed Housing Programs,HACC; Dianne Angie,RAB President g {„ and Elder Winds Resident; Gloria Martin, El Pueblo Resident Council;Wendell Booth,Elder Winds Resident Council; Geneva Green, Elder Winds Resident Council; Mary Dempsey,Elder Winds Resident Council; Kay Smith, Bayo Vista Resident Council; Lillie Bairos,Bayo Vista Resident Council; Deborah Drake,Bayo Vista Resident Council;Shirley Marion,Casa de Serena Resident Council; Behram Laskari,Casa Serena Resident a zx. Council;Tena Sloan,Section 8 Participant; Robert Moore,Housing Technical officer,HACCC; Colleen L. Morillo,Development Department Secretary,HACCC a Mr.Ralph Rosario opened the meeting at 6:20 p.m.by asking if anyone had any questions regarding the PHA Annual Plan or the Five Year Plan. r No comments were received. ,Ate There being no further business to discuss,the meeting was adjourned at 6:22 p.m. x j 4 �'a i4+y F3 :q idle '3 }� b is ^I &�M1 .e fa r z" C a`' } Y �x x�] FY 2006 Annual Plan fj y H. *yF 69 # form HUD 50075(03/2003) 9 x' ^ � s 114 Attachment J SI U.S.Departnieni of Housing and Urban Development oftice of Public and Indian Housing Certification by State or Local Official of PHA Plans Consistency with The Consolidated Plan 1,7anies.Kennedy,the Deputy Director of the Contra Costa County Community Development Department,certify that the Five Year and Annual PITA Plan for the Housing Authority of the County of Contra Costa is consistent with the Consolidated Plan of the Contra Costa Consortium prepared pursuant to 24 CFR Part 91. Date: gild Dated/Dated b A propriate State or Loc Official ' ceititiationby State mid Loeal Oflicial of PHA-Plans Candxmtey with the Comaliduted Plan to Ac otvOTAB rn (fic HUD77- 6h Expires 03/31121102 47m9/ Page 1 of 1 FY 2006 Annual Plan 70 fomi HUD 50075(0312003) pop Attachment K HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street P. O. Sox 2759 Martinez, CA 94553 Telephone(925)372-7400 Fax(925)372-0236 Attachment K. Law Enforcement Letters of Support Kl. Office of the Sheriff of the County of Contra Costa K2. City of Martinez Police Department K3. City of Antioch Police Department K.4. Pittsburg Police Department K5. City of Oakley Police Department K6. City of Brentwood Police Department FY 2006 Annual Plan 71 form HUD 50075(03/2003) i"ZE .;, ... Attachment K.1 . .. . ... . ....... .. ............... Q�Xtitlfn of&xttru Ct%osfa Offirt of fIZ>:__;ghtl iff VVAuan E.Rupp 5rwn1 October 7,2005 lti1r.Ralph Rosario Director ofi�tartaged Housing Programs Housing Authority of Contra Costa County 3133.Estudillo Street N'lartinez,California 94553 Bear .htr.Rosario: This letter will confirm our continuing partnership with the Housing Authority of Contra Costa County. Historically, our successful collaboration has demonstrated significant improvement in public safety. Exchange of crime related information between our deputies and the housing managers at Housing Authority developments has enhanced the capabilities of both departments to reduce crime and increase residential security. The cooperative system of tracking and reporting illegal criminal activity minimizes crime in public housing developments and assist the Housing Authority in identifying those families that are involved in illegal criminal activity, With this process in place, the Housing Authority has been able to successfully initiate and execute evictions in the public housing developments and continue to provide safe,decent,and sanitary housing conditions. 1 believe that the rship between our agencies will continue to ensure the highest quality of serviced sa for all public Mousing residents in Contra Costa County. Sincerely, 'IX E.R PF, reriff WER:mv: Post 015,.e 13ox 391 • Martinez,caiffornia 94553-Un39 (925)335-1500 "Comirtunir3,Policing Since 1558...." FY 2006 Annual Plan 72 form HUD 50075(03/2003) Attachment K.2 } City of Martinez Police Departjuent 525 Henrietta Street,Martinez,CA 94553-231)4 (925)372-3445 s FAX.(925)223 3753 OFFICE OF THE CHIEF DAVID.(_CUTAIA CC)iNIMITTED TU I'IiDTE(JINC AND SPR VING-ME C:(7NIAIU.NITY October 5,2005 F t Ralph Rosario, Director Affordable Housing Programs Contra Costa County Housing Authority 3133 Estudillo Street Martinez,CA 94553 Dear Mr.Rosario: The purpose of this letter is to confirm the partnership which.exists between the Martinez Police Department and the Housing Authority of Contra Costa County. This successful partnership has existed for many years. r Crime-related problems at Housing Authority developments are tracked and reported daily by our officers to the housing manager. The housing manager,in turn,reports any. suspected illegal criminal activity to our officers. This.cooperative system for tracking and reporting illegal criminal activity was designed to minimize and rid crime off the public housing developments and to assist the Housing Authority in identifying those families that are involved, in illegal criminal activity. This process:has enabled the Housing Authority to successfully initiate and carry out evictions in, the public housing developments in an effort to continue to provide safe,decent and sanitary housing conditions. It is my belief that this partnership and effort will continue to enhance the quality of life for all public housing residents in Contra Costa County, Sincerely I ! David J. Culia Chief of Police DJC:mer Fm'Fjmpwq mid I mIl c hdomml.i.m I wm lu 530 Aki J, ' 'a FY 2006 Annual Plan 73 form HUD 50075(03/2003) E Attachment K.3 1K Ey MOCZ(JLSKI Police Department MARK A. Chief of Police stJO L Street,Antioch,CA 94509-1100 (925)779-6900 LIFO 'I October 6, 2005 Ralph Rosario, Director of Affordable Housing Programs Contra Costa Housing Authority 3133 Estudillo Street Martinez, CA 94553 Dear Mr. Rosario: This letter will confirm our association with the Housing Authority of Contra Costa County, This successful partnership has been in existence for the past few years. The tracking of crime-related problems at the Housing Authority developments is reported by out,officers to the housing manager, or the housing manager reports to the officers when an incident is suspected or occurs which involves illegal criminal activity. This cooperative system for tracking and reporting illegal criminal activity was designed to minimize and eliminate crime at the public housing developments and to assist the Housing Authority in identifying those families that are involved in illegal criminal activity. With this process in place,the Housing Authority has been able to successfully initiate and carry out evictions in the public housing developments and continue to provide safe, decent and sanitary housing conditions. I believe this partnership and effort will continue to contribute to enhancing the quality of life for all public housing residents in Contra Costa County. Sincerely, MARK . M U eLK I Chief f i MAM:dkw V FY 2006 Annual Plan 74 form HUD 50075(03/2003) .. .�. �...:... ..:.:... . - .:...n. . .. Attachment KA Pittsburg Police Department a(�q Aaron L. Baker 4rEr&9ay� Chief of Police 0LIG — October 18,2005 Robert McEvvan Executive Director Contra.Costa Housing Authority P.O.Box 2759 Martinez; CA 94553 Dear.Mr.McEwan: Please accept this letter as a confirmation of our successful partnership with the Housing Authority of Contra Costa County. Crime related problems at the F.1 Pueblo Housing Authority development are tracked and reported daily by police officers to the housing manager. Or, when an incident is suspected or occurs that involves illegal criminal activity, the housing manager will report this information to the police officer. This tracking system and reporting of illegal criminal activity was designed to minimize and rid crime from the public housing development and to assist the Housing Authority in identifying those families that are involved in illegal criminal activity. This process has enabled the Housing Authority to successfully initiate and carry out evictions in the public housing development and Continue to provide safe, decent and sanitary housing conditions. It is my belief that this partnership will continue to enhance the quality of life for all public housing residents in the City of Pittsburg. t werely, �1 (1 47 Aaron L.Bakerr Chief or Police ALB/do 65 Civic Avenue * Pittsburg,California 94565 * 1425)252-4980 tvww.ci.pWsburg.ca.us FY 2006 Annual Plan 75 form BUD 50075(03/2003) Attachment K.5 October 12,2005 Mr. Ralph Rosario Director of Managed Housing Programs Housing Authority of Contra Costa P.O. Box 2759 Martinez, Ca. 94553 Dear Mr.Rosario, This letter will confirm our continued working relationship with the Housing Authority of the County of Contra Costa. This successful partnership has been in existence for the past several years. The tracking of crime related problems at the Housing Authority developments is reported by our officers to the housing manager or the housing manager reports to the officers when an incident is suspected or occurs that involved illegal criminal activity. This cooperative system for tracking and reporting illegal criminal activity was designed to minimize and'rid crime off the Public Housing developments and to assist the Housing Authority in identifying those families that are involved in illegal criminal activity. With this process in place, the Housing Authority has been able to successfully initiate and carry out evictions in the Public Housing developments and continue to provide safe, decent and sanitary housing conditions. I believe our relationship will continue to contribute to enhancing the quality of life for all Public Housing residents in Contra Costa County. Sincerely, Chris Thorsen Chief of Police, City of Oakley WY OF OAKLEY PaucF DEPAR ENT.2f0 4'HA.RA A4E.,P.O.BOY 6,CAKCEY;GA 94561 (925)625-6700 FAX (925)625-7479 FY 2006 Annual Plan 76 form HUD 50075(03/2003) Attachment K.6 O CB:44: N17WGDDL CD POLICE DEPARTMENT October 7,2005 Mr.Rudy Tamayo,Executive Director Housing.Authority of the County of Contra Costa P.O.Box 2759 Martinez,CA 94553 Dear Mr.']'am ayo: This letter is to serve as confirmation of our continued working relationship with the Housing Authority of Contra Costa County. This successful partnership has been in existence for several Years. The tracking of crime related problems at the Housing Authority developments is reported by our officers to the housing manager,or the housing manager reports to the officers when all incident is suspected or occurs that involves illegal criminal activity. This cooperative system oftracic ng and repotting illegal criminal activity was designed to minimize and rid crime from the Public Housing developments,and to assist the Housing Authority in identifying.those families that are involved in illegal criminal activity. With this process in place,the Housing Authority has been able to successfully initiate and carry out evictions ui the Public Housing developments and continue to provide safe,decent and sanitary housing conditions. I believe our relationship will continue to contribute to a better quality of life for residents of Public Housing in Brentwood. Sincerely, Michael R.Davies Chief of Police Police Department.9100 Brentwood Blvd.,Brentwood,CA 9-4513-4000 Phone;(925)6'.4-6911 Fax:;925)809-7799 City ball-708 Thy d Street,Brentv:ood,Califomia 94513-1364 Phone:(9251 516-5400 Pax:(925)516-5401 Public Works-1111 Sycamore Avenue,Brentwood,California 94513 Phone:(925)516-5498 Fax:(926)516-5497 Community.Development-104 Oak Street,Brentwood,California 94513 Phone:(925)616-5405 Fax;(-025)5'16-5407 FY 2006 Annual Plan 77 form HUD 50075(03/2003) �- f`,,�f�, v; fM. Attachment L PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plans Resolution No.5069 Acting on behalf of the Board of Commissioners of the Public Housing Agency(PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the standard Annual Plan for PHA fiscal year beginning 2 0 0 6, hereinafter referred to as the Plan of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any Plan incorporating such strategy)for the jurisdiction in which the PHA is located. 15. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA `s jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 16. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations,made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 17. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 18. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 19. The PIIA will affinnatively further fair housing by examining their programs or proposed Programs, identify any impediments to fair housing choice within those programs, address those Impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affinnatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 20. The PHA Plan includes a policy for site-based waiting lists: • The PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner(as specified in PIH Notice 99-2); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair 1}ousing; • The PHA provides for review of its site-based waitin list policy to determine if it is certifications, as specm_led in 24 CFR part 903.7(c)(1 ). oop••sa-H uEld InnuuV-Ofl\Q?IVOG\Q2IOMMIM\30Id3OSMsaifeH,Cpnf\:H Z do.Z abed .l8 . { Attachment L Page 2 Resolution No. 5069 December 20,2005 19. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87• (Cost `Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 20. The PHA will undertake only activities and programs covered by the Plan in a maimer consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA CA011 PHA Name PHA Number ❑ Standard PHA Plan for Fiscal Year: 2006 it Date: Signed/Dated by PHA Board Chair or other authorized PHA official P14A Certifications of Compliance with the PHA Plans and Related Regulations PASSED AND ADOPTED ON by the following vote of the Commissioners. AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A . TRUE AND CORRECT COPY OF AN y ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED JOHN SWEETEN,.CLERK OF THE BOARD OF COMMISSIONERS AND*COUNTY ADMINISTRATOR Attachment LA Certification for U.S. Department of Housing a Drug-Free Workplace and Urban Development Applicant Narne Housing Authority of the County of Contra Costa Program/Activity Receiving Federal Grant Funding - Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: T certify that the above named Applicant will or will continue (1) Abide by the terms of the statement; and to provide a drug-free workplace by: (2) Notify the employer in writing of his or her convic- a. Publishing a statement notifying employees that the un- tion for a violation of a criminal drug statute occurring in the lawful manufacture, distribution, dispensing,possession, or use workplace no later than five calendar days after such conviction; of a controlled substance is prohibited in the Applicant's work- e. Notifying the agency in writing, within ten calendar days place and specifying the actions that will be taken against em- employees for violation of such prohibition. after receiving notice under subparagraph d.(2) from an etn- ployee or otherwise receiving actual notice of such conviction. b. Establishing an on-going drug-free awareness program to Employers of convicted employees must provide notice,includ- inform employees --- ing position title, to every grant officer or other designee on (1) The dangers of drug abuse in the workplace; whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the (2) The Applicant's policy of maintaining a drug-free receipt of such notices. Notice shall include the identification workplace; number(s) of each affected grant; (3) Any available drug counseling, rehabilitation, and f. Taking one of the following actions, within 30 calendar employee assistance programs; and days of receiving notice under subparagraph d.(2), with respect (4) The penalties that may be imposed upon employees to any employee who is so convicted --- for drug abuse violations occurring in the workplace. (1) Taking appropriate personnel action against such an. c. Making it a requirement that each employee to be engaged employee, up to and including termination, consistent with the in the performance of the grant be given a copy of the statement requirements of the Rehabilitation Act of 1973, as amended; or required by paragraph a.; (2) Requiring such employee to participate satisfacto- d. Notifying the employee in the statement required by para- rily in a drug abuse assistance or rehabilitation program ap- graph a. that, as a condition of employment under the grant, the proved for such purposes by a Federal,State,or local health,law employee will --- enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list(on separate pages)the site(s)for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here❑if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1007,1010,1012; 31 U.S.C.3729,3802) Name of Authorized Official Title Rudy Tamayo Acting Executive Director W Date 11/07/2005 form HUD-50070(3/98) ref.Handbooks 7417.7,7475.13,7485.1&.3 S Attachment L.2 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 See reverse for public burden disclosure. 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: p❑a. contract �a. bid/offer/application ❑ a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name (]Prime ❑subawardee and Address of Prime: Tier_ if known: Housing Authority of the County of OmtraCosta ; P.O, Box 2759, 3133 Estudillo Street Martinez, CA 94553 : i Congressional District, if known: '7, 10 + 11 Congressional District, if known: y 6. Federal Department/Agency: 7. Federal Program Name/Description: wc' Housing Choice Voucher Program 14.871 Low Rent Aided Housing (Public Housing) 14.850 i CFDA Number, if applicable: Y 8. Federal Action Number, if known: 9.Award Amount, if known: 4 $ ,r 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): None None s, Information requested through this forth is authorized by Nlle 31 U.S.C.section i 11. Signature: 1352, This disclosure of lobbying activities is a material representation of facti` upon which reliance was placed by the tier above when this transaction was made print Name: Rudy Tat yo of entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress sem"nnually and will be available for Acting Executive Director s public inspection. Any person who fails to file the required disclosure shall he Title: subject to a civil penalty of not less that$10,000 and not more than$100,000 for 92,5 957-8019 11/07/2005 Telephone No.: ( s each such failure. ) Date: - - Authorized for Local Reproduction Fedeeal:.Use Only: - - - Standard Form LLL(Rev.7-97) v7 Attachment L.3 Certification of Payments U.S. Department of Housing and Urban Development to Influence Federal Transactions Office of Public and Indian Housing Applicant Name Housing Authority of the County of Contra Costa Program/Activity Receiving Federal Grant Funding The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be (3) The undersigned shall require that the language of this paid, by or on behalf of the undersigned, to any person for certification be included in the award documents for all subawards influencing or attempting to influence an officer or employee of at all tiers (including subcontracts, subgrants, and contracts an agency, a Member of Congress, an officer or employee of under grants, loans, and cooperative agreements) and that all Congress, of an employee of a Member of Congress in connec- subrecipients shall certify and disclose accordingly. tion with the awarding of any Federal contract,the making of any This certification is a material representation of fact upon which Federal grant, the making of any Federal loan,the entering into reliance was placed when this transaction was made or entered of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, into. Submission this certification is a prerequisite for making grant, loan, or cooperative agreement. or entering into thisis transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required (2) If any funds other than Federal appropriated funds have certification shall be subject to a civil penalty of not less than been paid or will be paid to any person for influencing or $10,000 and not more than$100,000 for each such failure. attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. I hereby certify that all the information stated herein,as well as any information provided in the accompaniment herewith,is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001,1010,1012; 31 U.S.C.3729,3802) Name of Authorized Official Title Rudy Tamayo Acting Executive Director Signature Date(mm/dd/yyyy) 11/08/2005 form HUD 50071 (3/98) Previous edition i obsolete ref.Handb000ks 7417.1,7475.13,7485.1,&7485.3 e. s Y H ;998111 ' Attachment M 3 Housing Choice Voucher c odabk housing so cation Project-Based Voucher Program Agency Plan Attachment i 1 - Background j f; New regulations arising from the Final Rule for the Project-Based Voucher Program (formerly known as Project-Based Assistance, or PBA)were published October 13, 2005, and effective November 13, 2005. The new rules allow HACCC more flexibility, i =x discretion, and local control of its Project-Based Voucher Program. i iA Projected Number of Project-Based Units ' Under the regulations, HACCC has the option to convert up to 20% of its total tenant- £t based voucher budget authority, which is roughly equivalent to 1,200 project-based units. It has the discretion to determine whether funds for it's Project-Based Voucher (PBV) rehabilitation multi-family Program 'are allocated for new construction/substantial i t housing or for existing multi-family housing. T F^ hoice Voucher tenant-based program, in 2006 Due to budget constraints in the Housing Cj HACCC is electing to limit its consideration to proposals to no more than 150 units of existing housing only, with preference to properties that.have obtained federal housing low income tax credits and have previously met the more stringent criteria for new construction. A For 2007 and beyond,HACCC believes the development of additional affordable housing y is the key to creating affordable housing opportunities for low-income families and seniors. Therefore, HACCC will consider an appropriate mix of new construction/substantial rehabilitation and existing multifamily housing toward meeting local affordable housing needs. Consistent with the County of Contra Costa's Consolidate Plan, HACCC will specifically encourage proposals designed to house N> milies. Up to 300 units may be project-based in persons with disabilities and large fa 2007. ' g �ry5 r 33' x�f FY 2006 Annual Plan n r 83 form HUD 50075(03/2003) % R3 � sg 1f 'u _ yy Y3 yz y�-es� Attachment N PET POLICY — ELDERLY/DISABLED PROJECTS 124 CFR Part 5, Subpart C] INTRODUCTION PHAs have discretion to decide whether or not to develop policies pertaining to the keeping of pets in public housing units. This Chapter explains the PHA's policies on the keeping of pets and any criteria or standards pertaining to the policy for elderly/disabled projects. The rules adopted are reasonably related to the legitimate interest of this PHA to provide a decent, safe and sanitary living environment for all tenants,to protecting and preserving the physical condition of the property, and the financial interest of the PHA. The purpose of this policy is to establish the PHA's policy and procedures for ownership of pets in elderly and disabled units and to ensure that no applicant or resident is discriminated against regarding admission or continued occupancy because of ownership of pets. It also establishes reasonable rules governing the keeping of common household pets. The PHA chooses not to publish rules governing the keeping of common household pets. Residents will comply with the dwelling lease,which requires that no animals or pets of any kind are permitted on the premises without prior written approval of the PHA. This does not apply to animals that are used to assist persons with disabilities. • Nothing in this policy or the dwelling lease limits or impairs the right of persons with disabilities to own animals that are used to assist them. A. ANIMALS THAT ASSIST PERSONS WITH DISABILITIES Pet rules will not be applied to animals that assist persons with disabilities. To be excluded from the pet policy, the resident/pet owner must certify: • That there is a person with disabilities in the household; • That the animal has been trained to assist with the specified disability. MANAGEMENT APPROVAL OF PETS All pets must be approved in advance by the PHA management. The pet owner must submit and enter into a Pet Agreement with the PHA. REGISTRATION OF PETS Pets must be registered with the PHA before they are brought onto the premises. Registration includes certificate signed by a licensed veterinarian or State/local authority that the pet has received all inoculations required by State or local law, and that the pet has no communicable disease(s) and is pest-free. FY 2006 Annual Plan 84 form HUD 50075(03/2003) wt • Residents must submit a fully completed Authorization (or Pet Ownership form before the PHA will review and approve or disapprove the request to have a pet. FY 2006 Annual Plan 85 form HUD 50075(03/2003) 1. e«,a f^ ., • Registration must be renewed and will be coordinated with the annual recertification date and proof of license and inoculation will be submitted at least 30 days prior to annual reexamination. • Dogs and cats must be spayed or neutered. • Execution of a Pet Agreement with the PHA stating that the tenant acknowledges complete responsibility for the care and cleaning of the pet will be required. • Registration must be renewed and will be coordinated with the annual recertification date. Approval for the keeping of a pet shall not be extended pending the completion of these requirements. REFUSAL TO REGISTER PETS The PHA may not refuse to register a pet based on the determination that the pet owner is financially unable to care for the pet. If the PHA refuses to register a pet, a written notification will be sent to the pet owner stating the reason for denial and shall be served in accordance with HUD Notice requirements. The PHA will refuse to register a pet if: • The pet is not a common household pet as defined in this policy; • Keeping the pet would violate any House Pet Rules; • The pet owner fails to provide complete pet registration information, or fails to update the registration annually; • The PHA reasonably determines that the pet owner is unable to keep the pet in compliance with the pet rules and other lease obligations. The pet's temperament and behavior may be considered as a factor in determining the pet owner's ability to comply with provisions of the lease. The notice of refusal may be combined with a notice of a pet violation. A resident who cares for another resident's pet must notify the PHA and agree to abide by all of the pet rules in writing. B. STANDARDS FOR PETS Pet rules will not be applied to animals that assist persons with disabilities. PERSONS WITH DISABILITIES The resident/pet owner will be required to qualify animals (for exclusion from the pet policy) that assist persons with disabilities. To be excluded from the pet policy, the resident/pet owner must certify: • That there is a person with disabilities in the household; • That the animal has been trained to assist with the specified disability; and • That the animal actually assists the person with the disability. FY 2006 Annual Plan 86 form HUD 50075(03/2003) TYPES OF PETS ALLOWED No types of pets other than the following may be kept by a resident. Tenants are not permitted to have more than one type of pet. I. Dogs • Maximum number: I • Maximum adult weight: 25 pounds • Must be housebroken • Must be spayed or neutered • Must have all required inoculations • Must be licensed as specified now or in the future by State law and local ordinance 2. Cats • Maximum number: 2 • Must be spayed or neutered • Must have all required inoculations • Must be trained to use a litter box or other waste receptacle • Must be licensed as specified now or in the future by State law or local ordinance 3. Birds • Maximum number: 2 • Must be enclosed in a cage at all times 4. Fish Maximum aquarium size: 25 gallons,must be maintained on an approved stand .. C. PETS TEMPORARILY ON THE PREMISES ; • Pet's that are not owned by a tenant will not be allowed. • Residents are prohibited from feeding or harboring stray animals. • This rule excludes visiting pet programs sponsored by a humane society or other non-profit organization and approved by the PHA. • State or local laws governing pets temporarily in dwelling accommodations shall prevail. D. DESIGNATION OF PET/NO-PET AREAS The following areas are designated no-pet areas: With the exception of assistive animals, no pets shall be allowed in the community room, community room kitchen, laundry rooms, public bathrooms, lobby, hallways, or offices of any of the Housing Authority properties. E. ADDITIONAL FEES AND DEPOSITS FOR PETS Tenants with animals must pay a pet deposit. The resident/pet owner shall be required to pay a refundable deposit for the purpose of defraying all reasonable costs directly attributable to the presence of a dog or cat. An initial payment of$50 on or prior to the date the pet is properly registered and brought into the apartment, and; FY 2006 Annual Plan 87 form HUD 50075(0312003) • The PHA.reserves the right to change or increase the required deposit by amendment to these rules. • The PHA will refund the Pet Deposit to the tenant, less any damage caused by the pet to the dwelling unit, upon removal of the pet or the owner froin the unit. • The PHA will return the Pet Deposit to the former tenant or to the person designated by the former tenant in the event of the former tenant's incapacitation or death. • The PHA will provide the tenant or designee identified above with a written list of any charges against the pet deposit. If the tenant disagrees with the amount charged to the pet deposit, the PHA will provide a meeting to discuss the charges. All reasonable expenses incurred by the PHA as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including: • The cost of repairs and replacements to the resident's dwelling unit; • Fumigation of the dwelling unit; • Common areas of the project. Pet Deposits are not a part of rent payable by the resident. F. ALTERATIONS TO UNIT Residents/pet owners shall not alter their unit,patio,premises or common areas to create an enclosure for any animal. Installation of pet doors is prohibited. G. PET WASTE REMOVAL CHARGE A separate pet waste removal charge per occurrence will be assessed against the resident for violations of the pet policy. Pet deposit and pet waste removal charges are not part of rent payable by the resident. All reasonable expenses incurred by the PHA as the result of damages directly attributable to the presence of the pet will be the responsibility of the resident, including: • The cost of repairs and replacements to the dwelling unit; • Fumigation of the dwelling unit. If the tenant is in occupancy when such costs occur, the tenant shall be billed for such costs as a current charge. If such expenses occur as the result of a move-out inspection,they will be deducted from the pet deposit. The resident will be billed for any amount that exceeds the pet deposit. The pet deposit will be refunded when the resident moves out or no longer has a pet on the premises, whichever occurs first. The expense of flea de-infestation shall be the responsibility of the resident. H. PET AREA RESTRICTIONS Pets must be maintained within the resident's unit. When outside of the unit(within the building or on the grounds) dogs and cats must be kept on a leash no more than 6 feet in length or carried and under the control of the resident or other responsible individual at all times. Residents/Pet Owners are not permitted to exercise pets or permit pets to deposit waste on project premises. I. NOISE FY 2006 Annual Plan 88 form HUD 50075(03/2003) Pet owners must agree to control the noise of pets so that such noise does not constitute a nuisance to other residents or interrupt their peaceful enjoyment of their housing unit or premises. This includes, but is not limited to loud or continuous barking, howling, whining, biting, scratching, chirping, or other such activities. J. CLEANLINESS REQUIREMENTS Litter Box Requirements. All animal waste or the litter from litter boxes shall be picked.up immediately by the pet owner, disposed of in sealed plastic trash bags, and placed in a trash bin. • Litter shall not be disposed of by being flushed through a toilet. • Litter boxes shall be stored inside the resident's dwelling unit. • Removal of Waste from Other Locations. • The Resident/Pet Owner shall be responsible for the removal of waste by placing it in a sealed plastic bag and disposing of it in an outside trash bin. Any unit occupied by a dog or cat,will be fumigated at the time the unit is vacated. The resident/pet owner shall take adequate precautions to eliminate any pet odors within or around the unit and to maintain the unit in a sanitary condition at all times. K PET CARE , I No pet(excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet. Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. L. RESPONSIBLE PARTIES k The resident/pet owner will be required to designate two responsible parties for the care of the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet. ' 4: M. INSPECTIONS The PHA may, after reasonable notice to the tenant during reasonable hours, enter and inspect the premises, in addition to other inspections allowed. The PHA may enter and inspect the unit only if a written complaint is received alleging that the conduct or condition of the pet in the unit constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the community E. under applicable State or local law. N. PET POLICY VIOLATION NOTICE If a determination is made on objective facts supported by written statements, that a resident/pet owner 1, has violated the Pet Policy,written notice will be served. The Notice will contain a brief statement of the factual basis for the determination and the section of the Pet Policy that were violated. The notice will also state: • That the resident/pet owner has 10 days from the effective date of the service of notice to n correct the violation or make written request for a meeting to discuss the violation; • That the resident pet owner is entitled to be accompanied by another person of his or her choice <' at the meeting; and FY 2006 Annual Plan 89 form HUll 50075(03/2003) • That the resident/pet owner's failure to correct the violation, request a meeting, or appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy. If the pet owner requests a meeting within the 10 day period, the meeting will be scheduled no later than 5 calendar days before the effective date of service of the notice, unless the pet owner agrees to a later date in writing. O. NOTICE FOR PET REMOVAL If the resident/pet owner and the PHA are unable to resolve the violation at the meeting or the pet owner fails to correct the violation in the time period allotted by the PHA, the PHA may serve notice to remove the pet. The Notice shall contain: • A brief statement of the factual basis for the PHA's determination of the section of the Pet Policy that has been violated; • The requirement that the resident/pet owner must remove the pet within 30 days of the notice; and • A statement that failure to remove the pet may result in the initiation of termination of tenancy procedures. P. TERMINATION OF TENANCY The PHA may initiate procedures for termination of tenancy based on a violation of the Pet Policy if: • The pet owner has failed to remove the pet or correct the violation of the Pet Policy within the time period specified; and • The Pet Policy violation is sufficient to begin procedures to terminate tenancy under terms of the lease. Q. PET REMOVAL If the death or incapacity of the pet owner threatens the health or safety of the pet, or other factors occur that render the owner unable to care for the pet, the situation will be reported to the Responsible Party designated by the resident/pet owner. Includes pets that are poorly cared for or have been left unattended for over 24 hours. If the responsible party is unwilling or unable to care for the pet, or if the PHA, after reasonable efforts, cannot contact the responsible party, the PHA may contact the appropriate State or local agency and request the removal of the pet. If the pet is removed as a result of any aggressive act on the part of the pet, the pet will not be allowed back on the premises. R. EMERGENCIES The PHA will take all necessary steps to insure that pets that become vicious, display symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat to the health or safety of others, are referred to the appropriate State or local entity authorized to remove such animals. If it is necessary for the PHA to place the pet in a shelter facility, the cost will be the responsibility of the tenant/pet owner. FY 2006 Annual Plan 90 ronn HUD 50075(03/2003) z Attachment O PET POLICY— GENERAL OCCUPANCY (FAMILY) PROJECTS [24 CFR Part 960, Subpart G] INTRODUCTION This Chapter explains the PHA's policies on the keeping of pets in general occupancy projects and any criteria or standards pertaining to the policy. The rules adopted are reasonably related to the legitimate interest of this PHA to provide a decent, safe and sanitary living environment for all tenants, to protecting and preserving the physical condition of the property, and the financial interest of the PHA. The purpose of this policy is to establish the PHA's policy and procedures for ownership of pets in general occupancy(family)projects and to ensure that no applicant or resident is discriminated against regarding admission or continued occupancy because of ownership of pets. It also establishes reasonable rules governing the keeping of common household pets. This policy does not apply to animals that are used to assist, support or provide service to persons with disabilities, or to service animals that visit public housing developments. A. ANIMALS THAT ASSIST, SUPPORT OR PROVIDE SERVICE TO PERSONS WITH DISABILITIES TF The resident/pet owner will be required to qualify animals (for exclusion from the pet policy) that assist, support or provide service to persons with disabilities. Pet rules will not be applied to animals that assist, support or provide service to persons with disabilities. This exclusion applies to both service animals and companion animals as reasonable accommodation for persons with disabilities. This exclusion applies to such animals that reside in public housing and that visit these developments. B. STANDARDS FOR PETS—TYPES OF PETS ALLOWED No types of pets other than the following may be kept by a resident. The following types and qualifications are consistent with applicable State and local law. Dogs • Maximum number: 1 • Maximum adult weight: 25 pounds f N • Must be spayed or neutered • Must have all required inoculations • Must be licensed as specified now or in the future by State law and local ordinance • Any litter resulting from the pet must be removed immediately from the unit Cats • Maximum number: 2 • Must be spayed or neutered • Must have all required inoculations 1 FY 2006 Annual Plan { 91 form HUD 50075(03/2003) • Must be trained to use a litter box or other waste receptacle • Must be licensed as specified now or in the future by State law or local ordinance • Any litter resulting from the pet must be removed from the unit immediately 3. Birds • Maximum number 2 • Must be enclosed in a cage at all times 4. Fish Maximum aquarium size is 25 gallons, and it must be maintained on an approved stand The following are NOT considered 'common household pets": • Domesticated dogs that exceed 25 pounds. (Animals certified to assist persons with disabilities are exempt from this weight limitation). • Vicious or intimidating pets. Dog breeds including Pit Bull/Rottweiler/Chow/Boxer/ Doberman/Dalmatian/German Shepherd and any attack dogs are considered vicious or intimidating breeds are not allowed. • Animals that would be allowed to produce offspring for sale. • Wild, feral, or any other animals that are not amenable to routine human handling. • Any poisonous animals of any kind. • Fish in aquariums exceeding 25 gallons in capacity. Non-human primates. Animals whose climatological needs cannot be met in the unaltered environment of the individual dwelling unit. • Pot-bellied pigs. • Ferrets or other animals whose natural protective mechanisms pose a risk of serious bites and/or lacerations to small children. • Hedgehogs or other animals whose protective instincts and natural body armor produce a risk of serious puncture injuries to children. • Chicks,turtles, or other animals that pose a significant risk of salmonella infection to those who handle them. • Pigeons, doves, mynahs,psittacines, and birds of other species that are hosts to the organisms that cause psittacosis in humans. • Snakes or other kinds of reptiles. C. REGISTRATION OF PETS Pets must be registered with the PHA before they are brought onto the premises. Residents must submit a fully completed Authorization for Pet Ownership form before the Housing Authority will review and approve or disapprove the request to have a pet. Registration includes certificate signed by a licensed veterinarian or State/local authority that the pet: • Has received all inoculations required by State or local law • has no communicable disease(s) (and) is pest-free. FY 2006 Annual Plan 92 form HUD 50075(03/2003) { Registration must be renewed and will be coordinated with the annual reexamination date. Proof of license and inoculation will be submitted at least 30 days prior to annual re-examination. Each pet owner must provide two color photographs of their pet(s). Approval for the keeping of a pet shall not be extended pending the completion of these requirements. REFUSAL TO REGISTER PETS If the PHA refuses to register a pet, a written notification will be sent to the pet owner stating the reason for denial. The notification will be served in accordance with HUD notice requirements. The PHA will refuse to register a pet if: • The,pet is not a"common household pet" as defined in this policy; • The pet owner fails to provide complete pet registration information; • The pet owner fails to update the registration annually; • The PHA reasonably determines that the pet owner is unable to keep the pet in compliance with the Pet Policy and other lease obligations. The pet's temperament and behavior may be considered as a factor in determining the pet owner's ability to comply with the provisions of the lease. • The notice of refusal may be combined with a notice of pet violation. D. AUTHORIZATION FOR PET OWNERSHIP FORM The Resident will certify, by signing the Authorization Pet Ownership form that the Resident ; will adhere to the following rules: tv • Agree that the resident is responsible and liable for all damages caused by their pet(s). • All complaints of cruelty and all dog bites will be referred to animal control or applicable agency for investigation and enforcement. • All common household pets are to be fed inside the apartment. Feeding is not allowed on porches, sidewalks,patios or other outside areas. • No animals may be tethered or chained outside or inside the dwelling unit. • When outside the dwelling unit, all pets must be on a leash no more than 6 feet in length or in an animal transport enclosure and under the control of a responsible individual. • All fecal matter deposited by the pet(s) must be promptly and completely removed from any k` common area. Failure to do so will result in a Pet Waste Removal charge. All animal waste or the litter from litter boxes shall be picked up immediately by the pet owner, disposed of in sealed plastic trash bags, and placed in a trash bit. Litter shall not be disposed of by being flushed through a toilet. 17 • Litter boxes shall be stored inside the resident's dwelling unit or in animal enclosures maintained within dwelling units AND must be removed and/or replaced regularly. Failure to do so will result in a Pet Waste Removal charge. FY 2006 Annual Plan 93 '3 form HUD 50075(03/2003) 'i The Resident/Pet Owner shall be responsible for the removal of waste from any area by placing it in a sealed plastic bag and disposing of it in an outside trash bin immediately. Pet owners must take precautions to eliminate pet odors: • Mandatory implementation of effective flea control by measures that produce no toxic hazard to children who may come into contact with treated animals. • Management has the right to enter dwelling unit when there is evidence that an animal left alone is in danger or distress, or is creating a nuisance. • The right of management to seek impoundment and sheltering of any animal found to be maintained in violation of housing rules,pending resolution of any dispute regarding such violation, at owner's expense. • The resident shall be responsible for any impoundment fees, and the PHA accepts no responsibility for pets so removed. • Failure to abide by any animal-related requirement or restriction constitutes a violation of the "Resident Obligations"in the resident's Lease Agreement. • Residents will prevent disturbances by their pets that interfere with the quiet enjoyment of the premises of other residents in their units or in common areas. This includes, but is not limited to, loud or continuous barking, howling, whining, biting, scratching, chirping, or other such activities. • Residents/pet owners shall not alter their unit,patio,premises or common areas to create an enclosure for any animal. Installation of pet doors is prohibited. E. DESIGNATION OF PET-FREE AREAS The following areas are designated as no-pet areas: • PHA management offices • PHA.community centers • PHA recreation center areas F. PETS TEMPORARILY ON THE PREMISES • All animals and/or pets not owned by residents, except for service animals, are excluded from the premises. • Residents are prohibited from feeding or harboring stray animals. • This rule excludes visiting pet programs sponsored by a humane society or other non-profit organization and approved by the PHA. • State or local laws governing pets temporarily in dwelling accommodations shall prevail. G. DEPOSITS FOR PETS Tenants with animals must pay a pet deposit of$150 for the purpose of defraying all reasonable costs directly attributable to the presence of a particular pet. The resident will be responsible for all reasonable expenses directly related to the presence of the animal or pet on the premises, including the cost of repairs and replacement in the apartment, and the cost of animal care facilities if needed. These charges are due and payable within 30 days of written notification. An initial payment of$50 on or FY 2006 Annual Plan 94 form HUD 50075(03/2003) is prior to the date the PHA. and Resident enter into a Pet Agreement, and; two monthly payments will be paid in an amount not less than$50 per month until the specified deposit has been paid. The PHA reserves the right to change or increase the required deposit by amendment to these rules. The PHA will refund the Pet Deposit to the tenant, less any damage caused by the pet to the dwelling unit, within a reasonable time after the tenant moves or upon removal of the pet from the unit. The PHA will return the Pet Deposit to the former tenant or to the person designated by the former tenant in the event of the former tenant's incapacitation or death. The PHA will provide the tenant or designee identified above with a written list of any charges against the pet deposit. If the tenant disagrees with the amount charged to the pet deposit, the PHA will provide a meeting to discuss the charges. All reasonable expenses incurred by the PHA as a result of damages directly attributable to the presence of the pet in the project will be the responsibility of the resident, including, but not limited to: • The cost of repairs and replacements to the resident's dwelling unit; • Fumigation of the dwelling unit; • Common areas of the project if applicable. The expense of flea de-infestation shall be the responsibility of the resident. If the tenant is in occupancy when such costs occur, the tenant shall be billed for such costs as a current charge. If such expenses occur as the result of a move-out inspection, they will be deducted from the pet deposit. The resident will be billed for anv amount that exceeds the pet deposit. Pet Deposits are not a part of rent payable by the resident. H. ADDITIONAL PET FEES The PHA will charge a non-refundable nominal fee of$100 for each household with-apet. This fee will be used at the time of move-out to cover the cost of spraying the vacated unit for any pet related insect infestation. The PHA reserves the right to change or increase the required deposit by ; amendment to these rules. I. PET WASTE REMOVAL CHARGE A separate pet waste removal charge per occurrence will be assessed against the resident for violations of the pet policy. Pet waste removal charges are not part of rent payable by the resident. J. PET AREA RESTRICTIONS Pets must be maintained within the resident's unit. When outside of the unit(within the building or on the grounds) dogs and cats must be kept on a leash no more than 6 feet in length or carried and under the control of the resident:or other responsible individual at all times. A common household pet must be effectively restrained and under the control of a responsible person when passing through a common area, from the street to the apartment, etc. FY 2006 Annual Plan 95 form HUD 50075(03/2003) _'4 Pets are not permitted in common areas including lobbies, community rooms and laundry areas except for those common areas which are entrances to and exits from the building. Residents/Pet Owners are not permitted to exercise pets or permit pets to deposit waste on project premises. K. CLEANLINESS REQUIREMENTS —LITTER BOX REQUIREMENTS All animal waste or the litter from litter boxes shall be picked up/emptied daily by the pet owner, disposed of in heavy, sealed plastic trash bags, and placed in a trash container immediately. Litter shall not be disposed of by being flushed through a toilet. * Litter boxes shall be stored inside the resident's dwelling unit. L. PET CARE No pet(excluding fish) shall be left unattended in any apartment for a period in excess of 24 hours. All residents/pet owners shall be responsible for adequate care, nutrition, exercise and medical attention for his/her pet(s). Residents/pet owners must recognize that other residents may have chemical sensitivities or allergies related to pets, or may be easily frightened or disoriented by animals. Pet owners must agree to exercise courtesy with respect to other residents. M. RESPONSIBLE PARTIES (EMERGENCY CAREGIVER) The resident/pet owner will be required to designate one responsible party for the care of the pet if the health or safety of the pet is threatened by the death or incapacity of the pet owner, or by other factors that render the pet owner unable to care for the pet. N. INSPECTIONS The PHA may, after reasonable notice to the tenant during reasonable hours, enter and inspect the premises, in addition to other inspections allowed. The PHA may enter and inspect the unit only if a written complaint is received alleging that the conduct or condition of the pet(s) in the unit is a violation, or constitutes a nuisance or threat to the health or safety of the other occupants or other persons in the community under applicable State or local law. O. PET POLICY VIOLATION NOTICE The authorization for a common household pet may be revoked at any time subject to the Housing Authority's grievance procedure if the pet becomes destructive or a nuisance to others, or if the tenant fails to comply with this policy. Residents who violate these rules are subject to: • Mandatory removal of the pet from the premises within 30 days of notice by the Housing Authority; or if for a threat to health and safety,removal within 24 hours of notice. • Lease termination proceedings. If a determination is made on objective facts supported by written statements, that a resident/pet owner has violated the Pet Policy, written notice will be served. The Notice will contain a brief statement of the factual basis for the determination and the pet rule(s) that were violated. The notice will also state: FY 2006 Annual Plan 96 form HUD 50075(03/2003) • That the resident/pet owner has 10 days from the effective date of the service of notice to correct the violation or make written request for a meeting to discuss the violation; • That the resident pet owner is entitled to be accompanied by another person of his or her choice at the meeting; and • That the resident/pet owner's failure to correct the violation, request a meeting, or appear at a requested meeting may result in initiation of procedures to terminate the pet owner's tenancy. If the pet owner requests a meeting within the 10 day period, the meeting will be scheduled no later than 5 calendar days before the effective date of service of the notice, unless the pet owner agrees in writing to a later date. P. NOTICE FOR PET REMOVAL If the resident/pet owner and the PHA are unable to resolve the violation at the meeting or the pet owner fails to correct the violation in the time period allotted by the PHA, the PHA may serve notice to remove the pet. The Notice shall contain: • A brief statement of the factual basis for the PHA's determination of the Pet Rule that has been violated; • The requirement that the resident/pet owner must remove the pet within 30 days of the notice; and A statement that failure to remove the pet may result in the initiation of termination of tenancy procedures. Q. TERMINATION OF TENANCY The PHA may initiate procedures for termination of tenancy based on a pet rule violation if: • The pet owner has failed to remove the pet or correct a pet rule violation within the time period specified; and • The pet rule violation is sufficient to begin procedures to terminate tenancy under terms of the lease. R. PET REMOVAL If the death or incapacity of the pet owner threatens the health or safety of the pet, or other factors x occur that render the owner unable to care for the pet, the situation will be reported to the Responsible 4. Party designated by the resident/pet owner. This includes pets that are poorly cared for or have been left unattended for over 24 hours. If the responsible party is unwilling or unable to care for the pet, or if the PHA, after reasonable efforts cannot contact the responsible party, the PHA may contact the appropriate State or local agency and request the removal of the pet. If the pet is removed as a result of any aggressive act on the part of the pet, the pet will not be allowed back on the premises. FY 2006 Annual Plan ;e r 97 form HUD 50075(03/2003) S. EMERGENCIES The PHA will take all necessary steps to ensure that pets that become vicious, display symptoms of severe illness, or demonstrate behavior that constitutes an immediate threat to the health or safety of others, are referred to the appropriate State or local entity authorized to remove such animals. If it is necessary for the PHA to place the pet in a shelter facility, the cost will be the responsibility of the tenant/pet owner. This Pet Policy will be incorporated by reference into the Dwelling Lease signed by the resident, and therefore, violation of the above Policy will be grounds for termination of the lease. FY 2006 Annual Plan 98 form HUD 50075(03/2003) xr Ti Attachment P COMPLAINTS, GRIEVANCES AND APPEALS [24 CFR Part 966 Subpart B] INTRODUCTION The informal hearing requirements defined in HUD regulations are applicable to participating families who disagree with an action, decision, or inaction of the PHA. This Chapter describes the policies to be used when families disagree with a PHA decision. It is the policy of the PHA to ensure that all families have the benefit of all protections due to them under the law. Grievances shall be handled in accordance with the PHA's approved Grievance Procedures. The written grievance procedure is incorporated into this document by reference and is the guideline to be used for grievances and appeals. A. COMPLAINTS The PHA will respond promptly to all complaints. Each complaint regarding physical condition of the units may be reported by phone to the Housing Manager or his/her office. Anonymous complaints are checked whenever possible. The PHA does not require that complaints be put in writing. Complaints from families: If a family disagrees with an action or inaction of the PHA, complaints will be referred to the Housing Manager. Complaints regarding physical condition of the units may be reported by phone to the Housing Manager on his/her office. , Complaints from staff: If a staff person reports a family is violating or has violated a lease provision, or is not complying with program rules, the complaints will be referred to the Housing Manager. ; Complaints from the general public: Complaints or referrals from persons in the community in regard to the PHA or a family will be referred to the Housing Manager. B. APPEALS BY APPLICANTS Applicants who are determined ineligible, who do not meet the PHA's admission standards, or where the PHA does not have an appropriate size and type of unit in its inventory, will be given written notification promptly, including the reason for the determination. Ineligible applicants will be promptly provided with a letter detailing their individual status, stating the reason for their ineligibility, and offering them an opportunity for an informal hearing. FY 2006 Annual Plan 99 form HUD 50075(03/2003) Applicants must submit their request for an informal hearing in writing to the PHA within 10 working days from the date of the notification of their ineligibility. If the applicant requests an informal hearing, the PHA will provide an informal hearing within 10 working days of receiving the request. The PHA will notify the applicant of the place, date, and time. Informal hearings will be conducted by an impartial hearing officer. The person who is designated as the hearing officer cannot be the person who made the determination of ineligibility or a subordinate of that person. The applicant may bring to the hearing any documentation or evidence s/he wishes and the evidence along with the data compiled by the PHA will be considered by the hearing officer. r FY 2006 Annual Plan 100 form HUD 50075(03/2003) The hearing officer will make a determination based upon the merits of the evidence presented by both sides. Within 10 working days of the date of the hearing, the hearing officer will mail a written decision to the applicant and place a copy of the decision in the applicant's file. The grievance procedures for Public Housing tenants do not apply to PHA determinations that affect applicants. C. APPEALS BY TENANTS Grievances or appeals concerning the obligations of the tenant or the PHA under the provisions of the lease shall be processed and resolved in accordance with the Grievance Procedure of the PHA,which is in effect at the time such,grievance or appeal arises. (See the PHA's Grievance Procedure contained in this chapter.) D. HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS" Assistance to the family may not be delayed, denied or terminated on the basis of immigration status at any time prior to the receipt of the decision on the INS appeal. Assistance to a family may not be terminated or denied while the PHA hearing is pending,but assistance to an applicant may be delayed pending the PHA hearing. INS Determination of Ineligibility If a family member claims to be an eligible immigrant and the INS SAVE system and manual search do not verify the claim, the PHA notifies the applicant or tenant within ten days of their right to appeal to. the INS within thirty days or to request an informal hearing with the PHA either in lieu of or subsequent to the INS appeal. . If the family appeals to the INS, they must give the PHA a copy of the appeal and proof of mailing, or the PHA may proceed to deny or terminate. The time period to request an appeal may be extended by - the PHA for good cause. The request for a PHA hearing must be made within fourteen days of receipt of the notice offering the hearing or, if an appeal was made to the INS, within fourteen days of receipt I. of that notice. After receipt of a request for an informal hearing,the hearing is conducted as described in the x "Grievance Procedures" section of this chapter for both applicants and participants. If the hearing } officer decides that the individual is not eligible, and there are no other eligible family members the PHA will: • Deny the applicant family. • Terminate the participant. If there are eligible members in the family, the PHA will offer to prorate assistance or give the family the option to remove the ineligible members. All other complaints related to eligible citizen/immigrant status: • If any family member fails to provide documentation or certification as required by the regulation, that member is treated as ineligible. FY 2006 Annual Plan 101 form HUD 50075(03/2003) • If all family members fail to provide, the family will be denied or terminated for failure to provide. Participants whose assistance is pro-rated (either based on their statement that some members are ineligible or due to failure to verify eligible immigration status for some members after exercising their appeal and hearing rights described above) are entitled to a hearing based on the right to a hearing regarding determinations of Tenant Rent and Total Tenant Payment. • Families denied or terminated for fraud in connection with the non-citizens rule are entitled to a review or hearing in the same way as terminations for any other type of fraud. E. GRIEVANCE PROCEDURES Definitions Grievance: Any dispute which a tenant may have with respect to a Housing Authority action or failure to act in accordance with the individual tenant's lease or PHA regulations that adversely affect the individual tenant's rights, duties, welfare, or status. Complainant: Any tenant whose grievance is presented to the PHA or at the site/management office informally or as part of the informal hearing process. Hearing Officer/Hearing Panel: A person or persons selected in accordance with this grievance procedure to hear grievances and render a decision with respect thereto. Tenant: A lessee or the remaining head of household of any tenant family residing in housing accommodations owned or leased by the PHA. Elements of Due Process: An eviction action or a termination of tenancy in a State or local court in which the following procedural safeguards are required: • Adequate notice to the tenant of the grounds for terminating the tenancy and for eviction; • Opportunity for the tenant to examine all relevant documents, records, and regulations of the PHA prior to the trial for the purpose of preparing a defense; • Right of the tenant to be represented by counsel; • Opportunity for the tenant to refute the evidence presented by the PHA including the right to confront and cross-examine witnesses and to present any affirmative legal or equitable defense which the tenant may have; • A decision on the merits of the case. Applicability: This Grievance Procedure applies to all individual grievances, except any grievance concerning a termination of tenancy or eviction that involves: • Any activity, not just criminal activity, that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents or PHA employees, or • Any drug-related criminal activity on or off such premises. Pre-Hearing Procedures - Informal Conference Procedures Any grievance shall be presented orally or in writing to the PHA office or to the housing management office that sent the notice on which the grievance is based. Written grievances must be signed by the complainant. The grievance must be presented within 10 working days. It may be simply stated,but shall specify: • The particular grounds upon which it is based, • The action requested; and FY 2006 Annual Plan 102 form HUD 50075(03/2003) F 'v rv� $� ��q "�4'`S i�`'`t'Y mS j' F�•� �" ., " • The name, address, and telephone number of the complainant, and similar information about the complainant's representative, if any. • The purpose of the initial discussion is to discuss and to resolve the grievance without the necessity of a formal hearing. FY 2006 Annual Plan 103 form HUD 50075(03/2003) 3� 3 tI Within five working days, a summary of this discussion will be given to the complainant by a PHA representative. One copy will be filed in the tenant's file. The summary will include: names of participants, the date of the meeting,the nature of the proposed disposition, and the specific reasons for the disposition. The summary will also specify the steps by which a formal hearing can be obtained. Dissatisfaction with Informal Conference If the complainant is dissatisfied with the proposed disposition of the grievance, s/he shall submit a written request for a hearing within 10 working days of the date of the summary of the informal meeting. The request for a hearing must be presented to the PHA's central office. The request must specify the reason for the grievance request and the relief sought. Failure to Request a Formal Hearing If the complainant does not request a formal hearing within 10 working days, s/he waives his/her right to a hearing, and the PHA's proposed disposition of the grievance will become final. This section in no way constitutes a waiver of the complainant's right to contest the PHA's disposition in an appropriate judicial proceeding. Right to a Hearing After exhausting the informal conference procedures outlined above, a complainant shall be entitled to a hearing before a hearing officer. The Tenant must attend the hearing. If rescheduling of the hearing is necessary,the hearing must be rescheduled at least 72 hours in advance of the scheduled hearing time. If the complainant fails to appear within 15 minutes of the scheduled time, the complainant waives their right to a hearing. The PHA will provide reasonable accommodation for persons with disabilities to participate in the hearing. The PHA must be notified within 5 days of the scheduled time if special accommodations are required. Selection of Hearing Officer A grievance hearing shall be conducted by an impartial person or persons appointed by the PHA other than the person who made or approved the PHA action under review, or a subordinate of such person. Procedures to Obtain a Hearing-Informal Prerequisite All grievances must be informally presented as a prerequisite to a formal hearing. The hearing officer may waive the prerequisite informal conference if, and only if, the complainant can show good cause why s/he failed to proceed informally. Hearing Procedures The hearing shall be held before a hearing officer. The complainant shall be afforded a fair hearing and be provided the basic safeguards of due process to include: • The opportunity to examine and to copy before the hearing, at the expense of the complainant, all documents, records and regulations of the PHA that are relevant to the hearing with at least a 24 hour notice to the Housing Manager prior to the hearing. Any document not so made available after request by the complainant may not be relied upon by the PHA at the hearing. FY 2006 Annual Plan 104 form HUD 50075(03/2003) • The PHA shall also have the opportunity to examine and to copy at the expense of the PHA all documents, records and statements that the family plans to submit during the hearing to refute the PHA's inaction or proposed action. Any documents not so made available to the PHA may not be relied upon at the hearing. • The right to a private hearing unless otherwise requested by the complainant. • The'right to be represented by counsel or other person chosen as a representative. • The right to present evidence and arguments in support of the complaint, to controvert evidence presented by the PHA, and to confront and cross-examine all witnesses upon whose testimony or information the PHA relies, limited to the issues for which the complainant has received the opportunity for a formal hearing; and • The right to a decision based solely and exclusively upon the facts presented at the hearing. • If the hearing officer determines that the issue has been previously decided in another proceeding, a decision may be rendered without proceeding with the hearing. • If the complainant or PHA fails to appear at the scheduled hearing, the hearing officer may: a. postpone the hearing for a period not to exceed 5 days, or b. make a determination that the party has waived his/her right to a hearing. Such a determination in no way waives the complainant's right to appropriate judicial proceedings in another forum. At the hearing, the complainant must first make a showing of an entitlement to the relief sought and thereafter the PHA must sustain the burden of justifying the PHA action or failure to act against which the complaint is directed. F. HEARINGS Informal: Oral and documentary evidence pertinent to the facts and issues raised by the complaint may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings; The hearing shall be conducted by a hearing officer. Formal: The hearing officer shall require the PHA, complainant, counsel, and other participants and spectators to conduct themselves in an orderly manner. The failure to comply with the directions of the hearing official/panel to maintain order will result in the exclusion from the proceedings, or a decision t adverse to the interests of the disorderly party and granting or denial of the relief sought, as appropriate. The PHA arranges, in advance, in writing, for a transcript or audiotape of the hearing. Any interestedparty may purchase a copy of such transcript. FY 2006 Annual Plan 105 form HUD 50075(03/2003) a Decisions of the Hearing Officer/Panel: The hearing officer shall give the PHA and the complainant a written decision, including the reasons for the decision, within 10 working days following the hearing. The PHA will place one copy in the tenant files. The written decision will be sent to the address provided at the hearing. The decision of the hearing officer shall be binding on the PHA which shall take all actions necessary to carry out the decision, unless the complainant requests Board action within 10 working days prior to the next Board meeting. The PHA Conunissioners' decision will be mailed to the complainant within 10 days following the Board meeting, and so notifies the complainant that: • The grievance does not concern the PHA action or failure to act in accordance with or involving the complainant's lease or PHA regulations which adversely affect the complainant's rights, duties,welfare or status; FY 2006 Annual Plan 106 form HUD 50075(03/2003) L 407.+-at ry pp • The decision of the hearing officer is contrary to applicable Federal, State, or local law, HUD regulations or requirements of the Annual Contributions Contract between HUD and the PHA. A decision by the hearing officer or PHA Commissioners in favor of the PHA or which denies the relief requested by the complainant in whole or part shall not constitute a waiver of, nor affect in any ' manner whatever, the rights of the complainant to a trial or judicial review in any proceedings which may thereafter be brought in the matter. , Y Housing Authority Eviction Actions: If a tenant has requested a hearing in accordance with these } duly adopted Grievance Procedures on a complaint involving a PHA notice of termination of tenancy, and the hearing officer. upholds the PHA action, the PHA shall not commence an eviction action until it has served a notice to vacate on the tenant. In no event shall the notice to vacate be issued prior to the decision of the hearing office. Such notice to vacate must be in writing and specify that if the tenant fails to quit the premises within the applicable statutory period, or on the termination date as stated in the notice of termination,whichever is later, appropriate action will be brought against the complainant. .j st �z nt ±r k z" X23 FX :;t k 4j 3 a6 3. jr? t,z. ,y k. i i5 FY 2006 Annual Plan 107 ,. form HUD 50075(03/2003) `3 Attaclunent Q COMPLAINTS AND APPEALS INTRODUCTION The informal hearing requirements defined in HUD regulations are applicable to . participating families who disagree with an action, decision, or inaction of the HA. This Chapter describes the policies, procedures and standards to be used when families disagree with an HA decision. The procedures and requirements are explained for preference denial meetings, informal reviews and hearings. It is the policy of the HA to ensure that all families have the benefit of all protections due to them under the law. It should be noted that participants have more extensive hearing rights than do applicants. "Participant" is defined by the regulations to mean: "A family that has been admitted to the HA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the HA for the family (first day of initial lease term)." Whereas an Applicant need only be given an informal review, a participant is entitled to a hearing upon termination of assistance. The regulations governing a participant's hearing rights are set forth in 24 CFR982.555. A. COMPLAINTS TO THE HA The HA will respond promptly to complaints from families, owners, employees, and members of the public. All complaints will be reviewed and responded to in a timely fashion. Generally, the Housing manager will follow up with most of the complaints. Upon resolution of the complaint, it will then be forwarded to the department director. Depending on the nature of the complaint, follow up will be conducted by the Development Department, Fiscal Department or Housing Operations Department. Categories of Complaints 1. Complaints from families: if a family disagrees with an action or inaction of the HA or owner. Complaints from families will be referred to the Housing Manager for each area site. 2. Complaints from Owners: if an owner disagrees with an action or inaction of the HA or a family. Complaints from owners will be referred to the Housing Manager for each area site. FY 2006 Annual Plan 108 form HUD 50075(03/2003) 3. Complaints from staff: if a staff person reports an owner or family either violating or Y not complying with program rules. Complaints will be referred to the Housing Manager for each area office. 4. Complaints from the general public: Complaints or referrals from persons in the community in regard to the HA, a family or an owner. Complaints from families will be referred to the Housing Manager for each area site. B. GROUNDS FOR DENIAL Preference Denials: When the HA denies a preference to an applicant, the family will be notified in writing of the specific reason for the denial and offered the opportunity for a meeting with HA staff to discuss the reasons for the denial and to dispute the HA's decision. The person who conducts the meeting must be any officer or employee of the HA, including the person who made the decision. (See Federal Register Vol. 60, No. 127, 7/3/96, p. 34,690). Grounds for Denial of Assistance: The grounds for denial of assistance are set forth at 24 CFR 982.552 (b). "Denial for drug-related or violent criminal activity" and "violent criminal activity" are further described at 24 CFR 982.553. In addition, from the Housing Opportunity Program Extension Act of 1996: drug or alcohol abuse has amended the U.S. Code to require Housing Authorities to establish standards for occupancy in public housing dwelling units and assistance under Section 8 that require the denial of assistance to persons who are illegally using controlled substances or whose illegal use of a controlled substance or whose abuse of alcohol is determined by the HA to interfere with the health, safety or right to peaceful enjoyment of the premises by other residents. HA's are permitted to take rehabilitation efforts into consideration in determining whether to deny or terminate assistance on this ground. A copy of the relevant portions of the Extension Act is attached. C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS [24 CFR 982.54 (d) (12), 982.554] Reviews are provided for applicants who are denied assistance before the effective date of the HAP Contract. The exception is that when an applicant is denied assistance for citizen or eligible immigrant status, the applicant is entitled to an informal hearing. x When the HA determines that an applicant is ineligible for the program, the family must be notified of the ineligibility in writing. The notice must contain: 1. The reason(s) it is ineligible, 2. The procedure for requesting a review if the applicant does not agree with the decision, and, 3.The time limit for requesting a review. F1'2006 Annual Plan 109 form HUD 50075(03/2003) r" Will I The HA must provide applicants with the opportunity for an Informal Review of decisions denying: 1. Qualification for preference 2. Listing on.the HA's waiting list 3. Issuance of a Voucher 4. Participation in the program Informal Reviews are not required for established policies and procedures and HA determinations such as: 1. Discretionary administrative determinations by the HA; 2. General policy issues or class grievances; 3. A determination of the family unit size under the HA subsidy standards; 4. Refusal to extend orsuspend a Voucher; 5. Disapproval of lease; 6. Determination that unit is not in compliance with HQS; 7. Determination that unit is not in accordance with HQS due to family size or composition; Procedure for Review: A request for an Informal Review must be received in writing by the close of the business day, no later than 10 (ten) days from the date of the HA's notification of denial of assistance. The informal review will be scheduled within 15 (fifteen) days from the date the request is received. The Informal Review may not be conducted by the person who made or approved the decision under review, nor a subordinate of such person. The Review may be conducted by: 1. A staff person who is at the Housing Manager level or above; 2. A commissioner; 3. An individual from outside the HA who is knowledgeable regarding HUD Section 8 regulations. The applicant will be given the option of presenting oral or written objections to the decision. Both the HA and the family may present evidence and witnesses. The family may use an attorney or other representative to assist them, at their own expense. The review may be conducted by mail and/or telephone if acceptable to both parties. A Notice of the Review findings will be provided in writing to the applicant within 10 (ten) days after the review. It shall include the decision of the review officer, and an explanation of the reasons for the decision. All requests for a review, supporting documentation, and a copy of the final decision will be retained in the family's file. FY NO Annual Plan 110 form HUD 50075(03/2003) INFORMAL HEARING PROCEDURES , [24 CFR 982.555 (a-f), 982.54(d)(13)] The HA will provide a copy of the hearing procedures in the family briefing packet. When the HA makes a decision regarding the eligibility and/or the amount of assistance, applicants and participants must be notified in writing. The HA will give the family prompt notice of such determinations which will include: 1. The proposed action or decision of the HA, which must be in writing stating that the applicant/participant has ten calendar days by which to respond; 2. The date the proposed action or decision will take place; 3. The family's right to an explanation of the basis for the HA's decision. 4. The procedures for requesting a hearing if the family disputes the action or decision; 5. The time limit for requesting the hearing. To whom the hearing request should be addressed; A copy of the HA's Hearing Procedures. The HA must provide participants with the opportunity for an Informal Hearing for decisions related to any of the following HA determinations: 1. Determination of the family's annual or adjusted income and the computation of the housing assistance payment; 2. Appropriate utility allowance used from schedule; 3. Family unit size determination under HA subsidy standards; 4. Determination that family is under occupied in its current unit and a request for exception is denied; �r 5. Determination to terminate assistance for any reason; gr 6. Determination to terminate a family's FSS Contract, withhold supportive . services, or propose forfeiture of the family's escrow account; 7. Determination to pay an owner claim for damages, unpaid rent or vacancy loss. C FY 2006 Annual Plan 111 form HUD 50075(03/2003) The HA must always provide the opportunity for an informal hearing before termination of assistance. Informal Hearings are not required for established policies and procedures and HA determinations such as: 1. Discretionary administrative determinations by the HA; 2. General policy issues or class grievances; 3. Establishment of the HA schedule of utility allowances for families in the program; 4. An HA determination not to approve an extension or suspension of a voucher term; 5. An HA determination not to approve a unit or lease; 6. An HA determination that an assisted unit is not in compliance with HQS (HA must provide hearing for family breach of HQS because that is a family obligation determination); 7. An HA determination that the unit is not in accordance with HQS because of the family size; 8. An HA determination to exercise or not exercise any right or remedy against the owner under a HAP contract. Notification of Hearing It is the HA's objective to resolve disputes at the lowest level possible, and to make every effort to avoid the most severe remedies. However, if this is not possible, the HA will ensure that applicants and participants will receive all of the protections and rights afforded by the law and the regulations. When the HA receives a request for an informal hearing, a hearing shall be scheduled within 15 (fifteen) days. The notification of hearing will contain: 1. The date and time of the hearing; 2. The location where the hearing will be held; 3. The family's right to bring evidence, witnesses, legal or other representation, at the family's expense; 4. The right to view any documents or evidence in the possession of the HA upon which the HA based the proposed action and, at the family's expense, to obtain a copy of such documents prior to the hearing. The HA's Hearing Procedures FY 2006 Annual Plan 112 form HUD 50075(03/2003) F ' After a hearing date is set, the family may request to reschedule only upon showing "good cause," which is defined as an unavoidable conflict which seriously affects the health, safety or welfare of the family. If the family does not appear at the scheduled time, and did not make arrangements in advance to reschedule, the HA will automatically deny the appeal unless the family contacts the HA within 48 hours (excluding weekends and HA holidays) and presents evidence of extenuating circumstances. The HA may reschedule a second hearing date of the evidence is dei-ermined credible and the circumstances surrounding the failure to appear are acceptable. Families have the right to: 1. Present written or oral objections to the HA's determination. 2. Examine the documents in the file which are the basis for the HA's action, and all documents submitted to the Hearing Officer; 3. Copy any relevant documents, at their prepaid expense; 4. Present any information or witnesses pertinent to the issue of the hearing; S. Request that HA staff be available or present at the hearing to answer.questions pertinent to the case; and 6. Be represented by legal counsel, advocate, or other designated representative, at their own expense. w If the family requests copies of documents relevant to the hearing, the HA may make the copies for,the family and assess a reasonable charge per copy. In no case will the family be allowed to remove the file from the HA's office. The Informal Hearing .shall be conducted by the Hearing Officer appointed by the HA who is neither the person who made or approved the decision, nor a subordinate of that person. The HA appoints hearing officers who: ' 1. Are HA commissioners/ HA management; 2. Are managers from other departments in the government of the jurisdiction; ' 3. Are managers from other HAs; 4. Are professional mediators or arbitrators. r 5. Are otherwise qualified to serve. FY 2006 Annual Plan )l3 fonn HUD 50075(03/2003) The hearing shall concern only the issues for which the family has received the opportunity for hearing. Evidence presented at the hearing may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings. No documents may be presented which have not been provided to the other party before the hearing if requested by the other party. "Documents" includes records and regulations. The family may request in writing an audio recording of the hearing, if desired, at least 5 (five) days prior to the hearing date. The Hearing Officer may ask the family for additional information and/or might adjourn the Hearing in order to reconvene at a later date, before reaching a decision. If the family misses an appointment or deadline ordered by the Hearing Officer, the action of the HA shall take effect and another hearing will not be granted. The Hearing Officer will determine whether the action, inaction or decision of the HA is legal in accordance with HUD regulations and this Administrative Plan based upon the evidence and testimony provided at the hearing. Factual determinations relating to the individual circumstances of the family will be based on a preponderance of the evidence presented at the hearing. A notice of the Hearing Findings shall be provided in writing to the HA and the family within 10 (ten) days and shall include: 1. A clear summary of the decision and reasons for the decision; 2. If the decision involves money owed, the amount owed; and 3. The date the decision goes into effect. The HA is not bound by hearing decisions: 1. Which concern matters in which the HA is not required to provide an opportunity for a hearing; 2. Which conflict with or contradict to HUD regulations or requirements; 3. Which conflict with or contradict Federal, State or local laws; or 4. Which exceed the authority of the person conducting the hearing. FY 2006 Annual Plan 114 form HUD 50075(03/2003) The HA shall send a letter to the participant within 10 (ten) days if it determines the HA is not bound by the Hearing Officer's determination. The letter shall include the HA's reasons for the decision. All requests for a hearing, supporting documentation, and a copy of the final decision will be retained in the family's file. E. HEARING AND APPEAL. PROVISIONS FOR "RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS" Assistance to the family may not be delayed, denied or terminated on the basis of immigration status at any time prior to the receipt of the decision on the INS appeal. Assistance to a family may not be terminated or denied while the HA hearing is pending but assistance to an applicant may be delayed pending the HA hearing. i INS Determination of Ineligibility: If a family member claims to be an eligible immigrant and the INS SAVE system and manual search do not verify the claim, the HA notifies the applicant or participant within ten days of his/her right to appeal to the INS within thirty days or to request an informal hearing with the HA, either in lieu of or subsequent to the INS appeal. If the family appeals to the INS, it must give the HA a copy of the appeal and proof of mailing or the HA may proceed to deny or terminate. The time period to request an appeal may be extended by the HA for good cause upon the family's request. The request for an HA hearing must be made within fourteen days of receipt of the notice offering the hearing or, if an appeal was made to the INS, within fourteen days of receipt of that notice. Verification of the .date notice was received may be required by the HA. After receipt of a request for an informal hearing, the hearing is conducted as described in section D of this chapter for both applicants and participants. If the hearing officer decides that the individual is not eligible, and there are no other eligible family members the HA will take one of the following actions: 1. Deny the applicant family; 2. Defer termination if the family is a participant and qualifies for deferral; ti. 3. Terminate the participant if the family does not qualify for deferral. 4. If there are eligible members in the family, the HA will offer to prorate assistance or give the family the option to remove the ineligible members. 5. All other complaints related to eligible citizenfimmigrant status. FY 2006 Annual Plan r z 115 form HUD 50075(03/2003) If any family member fails to provide documentation or certification as required by the regulation, that member is treated as ineligible. If all family members fail to provide, the family will be denied or terminated for failure to provide. Participants whose termination is carried out after temporary deferral may not request a hearing, since they had an opportunity for a hearing prior to the termination. Participants whose assistance is pro-rated (either based on their statement that some members are ineligible or due to failure to verify eligible immigration status for some members after exercising their appeal and hearing rights described above) are entitled to a hearing based on the right to a hearing regarding determinations of Tenant Rent and Total Tenant Payment. Families denied or terminated for fraud in connection with the non-citizens rule are entitled to a review or hearing in the same way as terminations for any other type of fraud. F. MITIGATING CIRCUMSTANCES FOR APPLICANTS or PARTICIPANTS WITH DISABILITIES When applicants are denied placement on the waiting list, or the HA is terminating assistance, the family will be informed that presence of a disability may be considered as a mitigating circumstance during the informal review process. Examples of mitigating circumstances include: a) A person with a cognitive disorder may not have understood the requirement to report increases in income, b) A person. may not understand the need to make regular repayments on a promissory note, c) Minor criminal records for public drunkenness may be due to medication; d) Prior incarcerations for being disorderly may be emotional disorder. FY 2006 Annual Plan 116 form HUD 50075(03/2003) Attachment R COMMUNITY SERVICE [24 CFR Part 960 Subpart F and 24 CFR 903.7(1)] INTRODUCTION A. REQUIREMENT In order to be eligible for continued occupancy, each adult family member 18 to 62 must (1) contribute eight hours per month of community service(not including political activities) or (2)participate in an economic self-sufficiency program, or (3) perform eight hours per month of combined activities as previously described unless the adult family is exempt from this requirement. B. COMMUNITY SERVICE REQUIREMENT REINSTATEMENT According to the Veteran Affairs and Urban Development Independent Agencies Appropriation Act (B UDNA Act), 2002, the Housing Authority of the County of Contra Costa temporarily suspended the community,service requirement provision. The HUDNA Act of 2003, signed on February 21, 2003, reinstated this provision by not extending section 432 of the 2002 HUDNA Act. HUD Notice PIH 2003-17 provides instructions for reinstating the community service requirement for FY 2003 to all leases entered into on and after October 1, 2002. In order to obtain a lease renewal on the expiration of the current lease, residents must be in compliance both with any delinquent community service requirements and current requirements. C. EXEMPTIONS The following adult family members of tenant families are exempt from these requirements: • Faniiiy members who are 62 or older Family members who are blind or disabled as defined under 216 (1)(1) or 1614 of the Social Security Act (42 U.S.C. 416(1)(1)) and who certifiy that because of this disability she or he is unable to comply with the community service requirements. • Family members who are the primary caregiver for someone who is blind or disabled as set forth in second paragraph above. i • Family members engaged in work activity. • Family members who are exempt from work activity under Party A Title N of the Social ' Security Act or under any other state welfare program, including welfare-to-work and who are in compliance with the program. During the year residents are permitted to change exemption status if they find work or start a training program. • Individuals participating in self-sufficiency activities that are designated to encourage, assist,train or facilitate economic independence. _ FY 2006 Annual Plan 117 form HUD 50075(03/2003) • Individuals enrolled in a recognizable educational institution that leads to obtaining a degree or vocational certification. • Duly elected resident council officers volunteering at least 8 hours a month to serve their community's membership. D. DEFINITION OF ECONOMIC SELF-SUFFICIENCY PROGRAM For purposes of satisfying the community service requirement, participating in an economic self- sufficiency program is defined, in addition to the exemption definitions described above, by HUD as: "Any program designed to encourage, assist, train or facilitate economic independence of assisted families or to provide work for such families." These economic self-sufficiency programs can include job training, employment counseling, work placement, basic skills training, education, English proficiency, workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as substance abuse or mental health treatment). In addition to the HUD definition above, the Housing Authority definition includes any of the following: 1. Participating in the Family Self-Sufficiency Program and being current in the steps outlined in the Individual Training and Services Plan. 2. Other activities as approved by the Housing Authority on a case-by-case basis. The Housing Authority will give residents the greatest choice possible in identifying community service opportunities. The Housing Authority will consider a broad range of self-sufficiency opportunities. E. ANNUAL DETERMINATIONS For each public housing resident subject to the requirement of community service, the PHA shall, at least 30 days before the expiration of each lease term, review and determine the compliance of the resident with the community service requirement. Such determination shall be made in accordance with the principles of due process and on a nondiscriminatory basis. The PHA will verify compliance annually. If qualifying activities are administered by an organiz-ation other than the PHA,the PHA will obtain verification of family compliance from such third parties. Family members will not be permitted to self-certify that they have complied with community service requirements. F. NONCOMPLIANCE If the PHA determines that a resident subject to the community service requirement has not complied . with the requirement, the PHA shall notify the resident of such noncompliance, and that: • The determination of noncompliance is subject to the administrative grievance procedure under FY 2006 Annual Plan 118 form HUD 50075(0312003) the PHA's Grievance Procedures; and • Unless the resident enters into an agreement to comply with the community service requirement, the resident's lease will not be renewed, and, • The PHA may not renew or extend the resident's lease upon expiration of the lease term and shall take such action as is necessary to terminate the tenancy of the household, unless the PHA ' enters into an agreement, before the expiration of the lease term, with the resident providing for the, resident to cure any noncompliance with the community service requirement, by participating in an economic self-sufficiency program for or contributing to community service as many additional hours as the resident needs to comply in the aggregate with such requirement over the 12-month term of the lease. • The head of household and the noncompliant adult must sign the agreement to cure. Ineligibility for Occupancy for Noncompliance: The Housing Authority shall not renew or extend any lease, or provide any new lease, for a dwelling unit for any household that includes an adult member who was subject to the community service requirement and failed to comply with the requirement. G. PHA RESPONSIBILITY The Housing Authority will ensure that all community service programs are accessible for persons with disabilities. The Housing Authority will ensure that: • The conditions under which the work is to be performed are not hazardous; • The work is not labor that would be performed by the Housing Authority's employees responsible for essential maintenance and property services; or • The work is not otherwise unacceptable. H. HACCC IMPLEMENTATION OF COMMUNITY SERVICE REQUIREMENT ' • The Housing Authority's Community Service program is described in the PHA Plan. K • The Housing Authority will administer its own community service program with cooperative relationships with other entities. • The Housing Authority will provide to residents a brochure of community service and volunteer opportunities available throughout the community. r f it i;. FY 2006 Annual Plan 119 form HUD 50075(03/2003) Attachment S Housing Authority of the County of Contra Costa (HACCC) Section 8 Homeownership Action Plan [24 CFR Part 982, Subpart M] INTRODUCTION The Section 8 Homeownership Program (HOP) allows recipients of Section 8 Housing Choice Voucher rental assistance the option to purchase a home and use the Section 8 Housing Assistance Payment (HAP) towards mortgage payments and other allowable housing costs. The total number of Section 8 Homeownership Vouchers issued will be limited to no more than 1 percent (11%) of the total number of Section 8 Vouchers administered by the Housing Authority of the County of Contra Costa (HACCC). The Section 8 Homeownership Program will be targeted to participants including elderly and disabled individuals in the HACCC Family Self Sufficiency (FSS) Program including graduates of the FSS program that have successfully completed the program during the last three (3) years. Applicants for the Section 8 Homeownership Program must meet all HUD requirements for Section 8 Homeownership in addition to eligibility criteria established by the HACCC. Admission of applicants to the Section 8 Homeownership Program is at the discretion of the HACCC. The HACCC will not offer the single down payment assistance program. A. ELIGIBILITY REQUIREMENTS The Section 8 Homeownership Program (HOP) is targeted, only to participants and graduates of the Family Self Sufficiency (FSS) Program. The FSS participation requirement will be waived for elderly or disabled families that otherwise qualify for HOP. Applicants must meet the following criteria to be considered for the HACCC HOP: 1. Applicant must be a first time homebuyer. a) No member of the household may have any interest or ownership in a residence during the three years before applying for homeownership assistance or at the commencement of participation in HOP. b) Single parents or displaced homemakers (as those terms are defined in 12 U.S.C. 12713) who owned a home while married or resided in a home owned by a spouse also qualify as first time homebuyers. FY 2006 Annual Plan 120 form HUD 50075(03/2003) c) Families with a disabled family member may request approval for a waiver of the first time homebuyer requirement if required as a reasonable accommodation for a disability. 2. Minimum income requirements. : Calculation of income-eligibility for the Section 8 Homeownership Program for the purpose of determining income-eligibility for admission to the program will be conducted under the guidelines for Section 8 rental assistance as noted in this Administrative Plan. a) The head of household, spouse or other adult member(s) of the household that will hold title to the home must have a combined annual gross income of not less than the very-low income limit adjusted for the family size (30% of Median Family Income) as determined by HUD. b) A family that does not meet this requirement, but does meet all other HOP requirements, may request a waiver provided the family can demonstrate that: • Head of household, spouse or other adult member(s) of the household that will hold title to the home have a combined annual gross income of not less than the Federal minimum wage multiplied by 2,000 hours and; • Family is able to secure a mortgage and that the total housing cost to the family Will not exceed fifty-percent (50%) of the family's total gross monthly income. C) Welfare assistance may not be included in the minimum gross annual income above, except for elderly or disabled families. Welfare assistance includes payments from Temporary Assistance for Needy Families (TANF), Supplementary Security Income (SSI) that is subject to an income eligibility test, food stamps, general assistance (GA); or other welfare assistance as specified by HUD. 3. Minimum employment requirements. a) One or more adult members of the household who will hold title to the home must be currently employed and working not less than an average of 30 hours per week and who has been continuously employed for one year prior to application to HOP, and who continues to be employed after acceptance to the HOP. b) Employment requirements do not apply to elderly or disabled families that otherwise qualify for HOP. A family with a member with disabilities may request an exemption from the work requirements if needed as a reasonable accommodation for the disabled family member. .f c) Program participants must be continuously employed in order to qualify for the HOP. Failure to maintain gainful employment may result in non-payment of housing assistance payment (HAP). If program participants voluntarily quit theirjobs, they have 60 days to regain employment. , FY 2006 Annual Plan 121 - form HUD 50075(03/2003) k. RIF- 4. Minimum down payment requirements. a) The family must demonstrate the ability to provide a minimurn of three percent (3%) down payment on the home. b) At least one percent (1%) of this down payment must come from the family's personal resources. c) FSS graduates may use FSS escrow towards this requirement. Families with other funding resources such as Individual Development Account (IDA) or an Individual Development Empowerment Account (IDEA) or Workforce Initiative Subsidy for Homeownership (WISH) through the HACCC or other agency may count these funds towards the minimum down payment. 5. Preferences for admission to HOP. a) First preference will be given to applicants who are successful graduates of the FSS Program. Elderly or disabled families qualify for HOP will also receive first preference. b) Second preference will be given to non-disabled, non-elderly applicants who have not graduated from the FSS Program, but otherwise qualify for HOP and can demonstrate the ability to secure a mortgage for the.purchase of an eligible unit under the Section 8 HOP guidelines. 6. Other requirements. a) The family must have completed an initial Section 8 lease term and completed the family's first annual re-certification in the Section 8 Housing Choice Voucher Program. b) The family must verify that no family member has previously defaulted on a mortgage assisted under the Section 8 Homeownership. c) The head of household and any other adult members that will hold title to the home must successfully complete a homeownership and housing counseling program approved in advance by the HACCC. d) The head of household and any other adult members that will hold title to the home must complete a housekeeping and home maintenance course approved in advance by the HACCC prior to or within one year of the home purchase. e) Family members may not owe any debt to the HACCC or another housing authority. f) The family must maintain a good tenant standing with its landlord and the FY 2006 Annual Plan 122 form HUD 50075(03/2003) .s5: Y 4 HACCC. This includes, but is not limited to: In compliance with HUD Family Obligations under the Section 8 Program, v • Adhering to the requirements of the lease agreement; ;.fie • No outstanding debts to the landlord or to any utility company; • Passing the most recent Housing Quality Standards (HQS) inspection with no significant tenant-caused failure items. B. ELIGIBLE UNITS Section 8 Homeownership assistance may be used to purchase units within the jurisdiction of the HACCC that are under construction or already existing at the time the HACCC issues a Homeownership Voucher to the eligible family. 1. Unit types. - The following unit types may be purchased using the Section 8 Homeownership Program: yid AeF. One unit property (single-family residence) A single dwelling unit in a cooperative, condominium or planned use j[ development • A manufactured home with a permanent foundation, if the family has the right to occupy the home site for a period of at least thirty (30) years 2. Section 8 Housing Quality Standards. The unit must be inspected by the HACCC and satisfy the Housing Quality Standards a (HQS) for the Section 8 Program before HOP assistance can begin. 3. Independent inspection. The unit must be inspected by a certified independent inspector designated and paid by the family, and pre-approved by the HACCC. This inspection must cover, at a minimum, all major building systems and components including: • Foundation and structure • Housing interior and exterior • Roofing • Plumbing • Electrical systems • Heating systems FY 2006 Annual Plan 123 form HUD 50075(03/2003) 3 1y The HACCC must receive and approve a copy of the inspection report before HOP assistance will commence. The HACCC may disapprove a unit for assistance under HOP because of information obtained through the inspection report, even if the unit passes the HQS inspection. FY 2006 Annual Plan 124 form HUD 50075(03/2003) 5 r' 4. Other requirements for eligible units. m The seller of the home may not be on the HUD list of debarred and suspended contractors, or subject to a limited denial of participation under 24 CFR 24. C. ISSUANCE OF VOUCHER Once approved for participation in the Section 8 HOP, the family will be issued a HOP Voucher subject to the following requirements. The HACCC will issue the family a Homeownership Voucher for a period of 180 days. .X, y The HACCC may require families unable to locate a suitable unit during the term of =F the Voucher to wait for a period of one year to re-apply for HOP. a% • The HACCC may grant an extension due to extenuating circumstances. Extensions will be granted at the discretion of the HACCC. The family must report its progress towards locating and purchasing a unit if requested by the HACCC. t , • If the family is unable to locate an acceptable unit for purchase during the term of {4 the HOP Voucher, the HACCC may, at its discretion, issue the family a Voucher for rental assistance. j s If the family submits a contract of sale to the HACCC that is not approved due to reasons other than the family's lack of compliance, the HACCC will add back the number of days to the Voucher that it took to review the contract (known as "tolling" j days). D. CONTRACT OF SALE (SALES AGREEMENT) The family must submit a copy of the sales agreement to the HACCC. The family must enter into .a sales agreement before HOP assistance may commence. The sales agreement must include the following: Specify the price and other terms of sale by the seller to the purchaser. • Provide that the purchaser will arrange for a pre-purchase inspection of the unit by an independent inspector selected by the purchaser. • Provide that the purchaser is not obligated to purchase the unit unless the inspection is satisfactory to the purchaser. • Provide that the purchaser is not obligated to pay for any necessary repairs. FY 2006 Annual Plan 125 form HUD 50075(03/2003) 3 � y IT— tYp ,.Aat z dY ' .� fi +! v, 'llv t c�2 fit 4 y° i s ;max �a§ r,,, r.h_ .. . . '_r ':i.tq • Contain a certification from the HACCC that the seller has not been debarred, suspended or subject to a limited denial of participation under 24 CFR 24. • Escrow must close within a reasonable amount of time after submission of the sales agreement. • The sale price of the home must be affordable to the family, as determined by the HACCC. The price shall be considered affordable if the monthly homeownership expenses payable by the family, as defined in Section F (8), do not exceed fifty- percent (50%) of the family's total monthly gross income. D. FINANCING OF PURCHASE AND AFFORDABILITY REQUIREMENTS The family must allow the HACCC to review the,terms of the mortgage secured to purchase the property before close of escrow. The HACCC may disapprove proposed financing, refinancing or other debt if the HACCC determines that the debt is unaffordable to the family or if the HACCC determines that the lender or the loan terms do not meet HACCC or HUD qualifications. The family must locate and qualify for a mortgage that meets the following requirements: • The mortgage must be determined to be affordable by the HACCC. The HACCC may take into account childcare, un-reimbursed medical expenses, homeownership expenses, and other family expenses as determined by the HACCC to determine affordability of the family's share of the housing costs. Homeownership expenses will be calculated as indicated in paragraph F.8 of this section. The family's portion of the monthly homeownership expenses may not exceed fifty-percent (50%) of the family's total.monthly gross income. • Short-term first mortgages with a large final "balloon payment" will not be allowed. • Adjustable mortgages with an interest rate that adjusts more than five percent (5%) over the life of the loan, more than one percent (1%) in any one year, or adjusts more often than once per year will not be allowed. • The HACCC will consider seller-financed mortgages on a case-by-case basis. • The family may not obtain private first mortgage financing from a family member or any other private source. • The mortgage must be provided, insured, or guaranteed by the state or Federal government and comply with secondary mortgage market underwriting standards; or the mortgage must comply with generally accepted private sector underwriting standards. F. CALCULATION OF HOMEOWNERSHIP ASSISTANCE PAYMENT FY 2006 Annual Plan 126 form HUD 50075(03/2003) Calculation of income-eligibility for the Section 8 Homeownership Program for the purpose of determining income-eligibility for admission to the program, for determination of the family's total tenant payment, or for determining the amount of the Homeownership Assistance Payment (HAP); will be conducted under the guidelines for Section 8 rental assistance as noted in this Administrative Plan, except as noted otherwise in this paragraph. 1. Occupancy of home. The HAP will only be paid while the family resides in the home. If the family moves out of the home, the HACCC will discontinue payment of the HAP commencing with the month after the family moves out. a) Amount of monthly homeownership assistance payment. While the family is residing in the home, the HACCC shall pay a monthly homeownership assistance payment on behalf of the family that is equal to the lower of the payment: standard minus the total tenant payment; or, the family's monthly homeownership expenses minus the total tenant payment. b) Initial Payment Standard. The initial payment standard for a family is the lower of the payment standard for the family unit size (Voucher size); or the payment standard for the size of the home. c) Payment Standard for subsequent re-examinations. Reexaminations (interims and annual reexaminations)will use a Payment Standard that is the greater of the payment standard (as determined in accordance with the initial payment standard at the commencement of homeownership assistance; or the Payment Standard in effect at the time of the reexamination as determined using the requirements of Section F (1)(b) of this action plan. At no time will the HACCC use a Payment Standard less than the initial Payment Standard to determine the HAP. d) The HACCC will use the same Payment Standard schedule, Payment Standard amounts, and Subsidy Standards for the HOP as for the rental voucher program. e) Exception rent areas. If the home is located in an exception payment standard area, the PHA must use the appropriate payment standard for the exception payment standard area. f) Affordability of housing costs. Total monthly homeownership expenses payable by the family, as defined in paragraph 8 below, must be less than fifty-percent (50%) of the family's total gross monthly income. g) Homeownership expenses. The HACCC will use the following expenses to determine the total homeownership expense for calculation of the HAP: E;- FY 2006 Annual Plan s�. 3 127 forth HUD 50075(03/2003) IN ME k3. .y i • Principal and interest on initial mortgage debt, any refinancing of such debt, and any mortgage insurance premium incurred to finance purchase of the home. • Real estate taxes and public assessments on the home. • Homeowner's insurance. • Life insurance to the amount of the mortgage. • Allowance for maintenance expenses as determined by the HACCC. • Allowance for costs of major repairs and replacements as determined by the HACCC. • Utility allowance for the home as determined by the HACCC. h) Principal and interest on mortgage debt incurred to finance costs for major repairs, replacements or improvements for the home. If a member of the family is a person with disabilities, such debt may include debt incurred by the family to finance costs needed to make the home accessible for such person, if the HACCC has determined that allowance of such costs as homeownership expenses is needed as a reasonable accommodation for the disabled family member. 2. Cooperative and Condominiums For cooperative members only (owners of condos) the following cooperative charges will also be used towards the homeownership expense: a) Charges included in the cooperative occupancy agreement including payment for real estate taxes and public assessments on the home; b) Principal and interest on initial debt incurred to finance purchase of cooperative membership shares and any refinancing of such; c) Cooperative or condominium operating charges or maintenance fees assessed by the condominium or cooperative homeowner association. 3. HAP payment to lender. a) The family must establish an account at a financial institution dedicated to the payment to the lender unless the lender requires other payment arrangements. The account will be set up to electronically transfer the total mortgage payment to the lender monthly. The family will be responsible for paying its portion of the payment, if any, directly to the account in time for the electronic transfer each month. FY 2006 Annual Plan 128 form HUD 50075(03/2003) b) The HACCC will pay the HAP directly to the lender according to the terms of agreement with the lender. c) The HACCC will provide the lender with notice of the amount of the HAP and amount of the family's portion of the total homeownership expenses prior to close of escrow. d) Procedure for termination of homeownership assistance. The family shall be entitled to the same termination notice and informal hearing procedures set forth in this Administrative Plan for participants in the Section 8 rental assistance program. e) Automatic termination of HAP. Homeownership assistance for a family terminates automatically 180 calendar days after the last HAP paid on behalf of the family. The HACCC has the discretion to grant relief from this requirement in those cases where automatic termination would result in extreme hardship for the family. G. MAXIMUM TERM OF HOMEOWNERSHIP ASSISTANCE_ The time limits below apply to all family members having an ownership interest in the unit during the time that homeownership payments are made; and, the spouse of any member of the household who has an ownership interest in the unit during the time that homeownership payments are made. All families, with the exception of the elderly or disabled during the term of the homeownership assistance are subject to the following maximum terms: • Initial mortgage term of twenty (20) years or longer. The maximum term of 4 homeownership assistance will be fifteen (15) years. j;. • Initial mortgage term of less than twenty (20) years. The maximum term of f homeownership assistance will be ten (10) years. ' Families that qualify as elderly at the commencement of home ownership assistance are not subject to a maximum term limitation. Families that qualify as disabled families at the commencement of home ownership assistance or at any time during the provision of home ownership assistance are not subject to a maximum term limitation. If a disabled family ceases to qualify as disabled, the appropriate maximum terms becomes applicable from the date home ownership assistance commenced; provided however, that such family shall be eligible for at least six additional amounts of home ownership assistance after the maximum term becomes applicable provided the family is otherwise eligible to receive homeownership assistance. The initial maximum term limit applies if the family receives assistance for more than one home purchase, even if received from another housing authority. FY 2006 Annual Plan 129 form HUD 50075(03/2003) r Y �9 H. POST-PURCHASE COUNSELING The HACCC may require the family to attend post-purchase counseling at any time during the term of the homeownership assistance. Counseling topics may include: • Financial Planning • Housing Keeping Property Maintenance • Budgeting I. RIGHT OF FIRST REFUSAL The family must execute documentation giving the HACCC, or its designee, the right of first refusal in the event the family decided to sell the home. This document shall be in effect during the term of the HAP J. INSURANCE REQUIREMENTS The HACCC may require the head of household to purchase and maintain a life insurance policy that will cover the amount of the mortgage. The HACCC may require the family to include the HACCC as additional insured on the homeowner's insurance policy. This requirement does not apply to the elderly or disabled. K. PORTABILITY There are no current portability provisions applicable under this program. L. MOVES WITH CONTINUED TENANT-BASED ASSISTANCE A family receiving HACCC homeownership assistance may purchase and move to a new unit with continued assistance. 1. Purchase of a new unit. A family receiving homeownership assistance may purchase and move to a new unit with continued assistance, provided the family fulfills all requirements of the HOP at the time of the purchase of the new unit. The following applies to a family purchasing a new unit under the HOP: a) The family will not be eligible to move with continued assistance for a period of one year after the initial purchase. b) The HACCC may, at its discretion, require the family to complete a new housing counseling program or receive additional counseling prior to close of escrow. FY 2006 Annual Plan 130 form HUD 50075(03/2003) if c) The requirement that the family must be a first time homebuyer is not applicable. d) The HACCC may deny permission to move with continued assistance in the case of lack of funding or if the HACCC has denied or terminated assistance to the family under section N below. 2. Sale of original HOP unit and return to tenant-based rental assistance. The HACCC may, at its discretion, allow a family to return to tenant-based rental assistance. The following applies to a family returning to tenant-based rental assistance: a) The HACCC may deny permission to move with continued assistance in the case of lack of funding, or if the HACCC has denied or terminated assistance to the family as defined under Section N of this action plan. k _ b) The HACCC will not commence continued tenant-based assistance for occupancy of a rental unit so long as any family member owns any title or other interest in the home previously assisted through the HOP. c) If the family has defaulted on a HACCC insured mortgage, the family must demonstrate that it has conveyed title to the home to HUD or its designee, as required by FIUD; and that the family moved from the home within the period established or approved by HUD. d) If the family has defaulted on a mortgage that is not HACCC-insured, the family must demonstrate that it has conveyed title to the home to the lender, to the HACCC or its. designee, as may be permitted or required by the lender; and that the family moved from the home within the period established or approved by the lender and the HACCC. M. DENIAL OR TERMINATION OF ASSISTANCE The HACCC shall terminate homeownership assistance for the family in accordance'with the requirements of this section. The HACCC, at its discretion, may allow the family to return to tenant-based rental assistance under conditions in Section L (2). = Failure to comply with HACCC Section 8 Homeownership Program requirements. ` • Failure to comply with any HUD Family Obligations. • The family defaults on the mortgage. N. WAIVER OR MODIFICATION OF HOMEOWNERSHIP POLICIES FY 2006 Annual Plan 131 form HUD 50075(03/2003) t ,- The HACCC Executive Director shall have the discretion to waive or modify any provision of the Section 8 Homeownership Program policy not governed by statute or regulation for good cause or to comply with changes in HUD regulations or directives. FY 2006 Annual Pian 132 form HUD 50075(03/2003) Attachment T CHAPTER 18 PUBLIC HOUSING HOMEOWNERSHIP PROGRAM A. GENERAL PROVISIONS (24 CFR 906) The Public Housing Home.Ownership Program of the Housing Authority of the County of Contra Costa("HACCC".) makes available for purchase by low income families for use as their principal residences public housing, dwelling units,public housing developments, and other housing units or developments owned, assisted or operated, or otherwise acquired by the PHA for sale under a r homeownership program in connection with the use of assistance provided under the 1937 Act (1937 Act funds). B. ELIGIBLE PURCHASERS (24 CFR 906.11) e Entities that purchase units from PHA for resale to low-income families (purchase and resale entities or PREs) and low-income families are eligible to purchase properties made available for sale under a PHA homeownership program. HACCC has the option to consider selling property to PREs. It may also exercise its option to sell property directly only to eligible purchasers. C.RIGHT OF FIRST REFUSAL (24 CFR 906.13) (a) HACCC shall initially offer the unit to the resident occupying the unit, if any, notwithstanding the requirements of 906.15(a) and 906.15(c). (b) This program does not require the HACCC, when selling a unit that is non-public housing unit, to offer the unit for sale first to the current resident of the unit. D. FAMILY ELIGIBILIITY REQUIREMENTS (24 CFR 906.15) (a) Low-income requirement. Except in the case of a PHA's offer of first refusal to a resident occupying the unit under 906.13, a family purchasing a property under a PHA homeownership program must be a low-income family, as defined in section 3 of the 1937 Act (42 U.S.C. 1437a), at the time the contract to purchase the property is executed. (b) Principal residence requirement. The dwelling unit sold to an eligible family must be used as the principal residence of the family. (c) Financial capacity requirement. Eligibility must be limited to families who are capable of assuming the financial obligations of homeownership, under minimum income standards for affordability,taking into account the unavailability of public housing operating subsidies and modernization funds after conveyance of the property by the HACCC. The homeownership FY 2006 Annual Plan - 4 133 fonn HUD 50075(03/2003) Y. program may take account any available subsidy from other sources. Under this affordability standard, an applicant must also meet the following requirements: (1) Cost/income ratio on an average monthly estimate, the amount of the applicant's payments for mortgage principal and interest, plus insurance, real estate taxes, utilities, maintenance and other regularly recurring homeownership costs (such as condominium, cooperative, or other homeownership association fees)will not exceed the sum of: (i) 35 percent of the applicant's adjusted income as defined in 24 CFR part 913; and (ii) Any subsidy that will be available for such payments: (2)Down payment requirement Each family purchasing housing under this program must provide a down payment in connection with any loan for acquisition of the housing, in an amount determined by the PHA or PRE. The family may be able to use grant amounts, gifts from relatives, contributions from private sources, and other similar amounts in making the down payment. (3) The family must use its own resources other than grants, gifts, contributions, or similar amounts,to contribute an amount of the down payment that is not less than one percent (1%)of the purchase price of the housing. (d) Other requirements. (i) Employment or participation in employment counseling or training activities (ii) Criminal activity check (iii)Participation in homeownership counseling programs (iv) Evidence of regular income E. FIRST TIME HOME OWNER REQUIREMENT (a)Each public housing family, except families with a disabled member,must be a first-time homeowner as defined by HUD. A "first-time homeowner" means that no member of the household has had an ownership interest in any residence during the three years preceding commencement of home ownership assistance. However, a single parent or displaced homemaker who,while married, owned a home with a spouse (or resided in a home owned by a spouse) is considered a"first-time homeowner" for purposes of the public housing homeownership option; and the right to purchase title to a residence under a lease-purchase agreement is not considered an "ownership interest."A member of a cooperative(as defined in§982.4) also qualifies as a "first time homeowner". (b). Minimum Income Requirement. (1) Amount of Income. (42 U.S.C. 1437a) Applicant must be a low-income family as defined in 42 U.S.C. 1437a. The families' incomes do not exceed 80 percent of the average median income for the County of Contra Costa(subject to change in accordance with HUD income limits) FY 2006 Annual Plan 134 form HUD 50075(03/2003) •a fO.V Now- FY 2006 Annual Plan 135 form HUD 50075(03/2003) (2) Exclusion of Welfare Assistance income. With the exception of elderly and disabled families, the HACCC will disregard any"welfare assistance"income in determining whether the family meets the minimum income requirement. Welfare assistance includes assistance from Temporary Assistance for Needy Families ("TANF"); Supplemental Security Income("SSP') that is subject to an income eligibility test; food stamps; general assistance; or other welfare assistance specified by HUD. The disregard of welfare assistance income under this section affects the determination of minimum monthly income in determining initial qualification for the home ownership program (c ) Employment History. With the exception of disabled and elderly households, each family must demonstrate that one or more adult members of the family who will own the home at commencement of home ownership assistance is employed full-time(an average of 30 hours per week) and has been so continuously employed for one year prior to execution of the sales agreement. In order to reasonably accommodate a family's participation in the program, HACCC will exempt families that include a person with disabilities from this requirement. HUD regulations define "full time"employment as not less 30 hours per week. A family will be considered to have been continuously employed even if that family member has experienced a break in employment,provided that the break in employment; (1)Did not exceed 30 calendar days (2) Did not occur within the 6-month period immediately prior to the family's request to utilize the homeownership option; and (3)Has been the only break in employment within the past calendar months. (d). Repayment of Any Housing Authority Debts. Participants in the public housing program shall be ineligible for participation in the public housing home ownership program in the event any debt or portion of a debt remains owed to the HACCC or any other Housing Authority.Nothing in this provision will preclude public housing participants that have fully repaid such debt(s) from participating in the public housing home ownership program. (e). Additional Eligibility Factors. (1)Elderly and Disabled Households. Elderly and disabled families are exempt from the employment requirements set.forth in Section 2. C. above. In the case of an elderly or disabled family, the HACCC will consider income from all sources, including welfare assistance in evaluating whether the household meets the minimum income required to purchase a home through the public housing home ownership program. FY 2006 Annual Plan 136 form HUD 50075(0311003) (2) Participation in FSS Program. Applicants for the public housing home ownership program who participate in the HACCC's Family Self Sufficiency("FSS")program will be given priority. g (3)Prior Mortgage Defaults. If a head of household, spouse, or other adult household member who will execute the contract of sale, mortgage and loan documents has previously defaulted on a mortgage obtained through the public housing home ownership program or any public home ownership programs, the family will be ineligible to participate in the public housing home ownership program. F. FAMILY PARTICIPATION REQUIREMENTS. Once a family is determined to be eligible to participate in the program, it must comply with the following additional requirements: (A) complete a home ownership counseling program approved by the HACCC prior to commencement of homeownership assistance; (B)within a specified time, locate the home it proposes to purchase; (C)submit a sales agreement containing specific components to the HACCC for approval; (D) allow the HACCC to inspect the proposed home ownership dwelling to assure that the dwelling meets appropriate housing quality standards; (E) obtain HACCC approval of the proposed mortgage(which must comply with generally accepted mortgage underwriting requirements); and (G) enter into a written agreement with the HACCC to comply with all of its obligations under the public housing program. A. Homeownership Counseling [24 CFR 982.630]. A family's participation in the home ownership program is conditioned on the family attending and successfully completing a home ownership and housing counseling program provided or approved by the HACCC prior to submission of application for purchase of a public housing unit. The homeownership and counseling program will cover home maintenance (including care of the grounds); budgeting and money management; credit counseling; negotiating purchase price; securing mortgage financing; finding a home; and the advantages of pw•chasing and locating homes in areas that do not have a high x concentration of low-income families; information about state and Federal truth-in- lending laws, and how to avoid loans with oppressive terms and conditions Note.§ 982.620(b)provides "suggested topics"for the PHA required pre-assistance counseling '' program ---which are,for the most part, included Isere. HACCC omitted suggested topics regarding fair housing, RESPA obligations and predatory lending issues. These topics should also be included in the homeownership counselingprogram. The counseling agency providing the counseling program shall either be approved by HUD or the program shall be v FY 2006 Annual Plan 137 form HUD 50075(03/2003) consistent with the home ownership counseling provided under HUD's Housing Counseling program. FY 2006 Annual Plan 138 form EIUD 50075(03/2003) i The HACCC may require families to participate in a HACCC-approved homeownership counseling program on a continuing basis. A family approved for Public Housing home ownership assistance may only purchase a public housing development the HACCC offers for sale for purchase for use as their principal residence. The family may not purchase a home in a jurisdiction other than the County of Contra Costa (1)Purchasing a Home. Once a home is offered for sale by the HACCC and a sales agreement approved by the HACCC is signed by the family, the family shall have up to 45 calendar days to obtain financing. The HACCC's Executive Director or his/her designees may extend this period up to 90 days from the date of sales purchase agreement. HACCC will require periodic reports on the family's progress in finding and purchasing a home. Such reports will be provided by the family at interval to be determined by the Housing Services Counselor. (2)Failure to Complete Purchase. a If a public housing participant is unable to purchase the home within the maximum time permitted by HACCC, HACCC shall continue the family's participation in the public housing program. The family may not re-apply for the public housing home ownership program until they have completed an additional year of participation in the public housing program following the initial determination of their eligibility for the home ownership option. B. Sales Agreement. Prior to execution of the offer to purchase or sales agreement, the financing terns must be provided by the family to the HACCC for approval. The sales agreement must provide for inspection by the HACCC. The sales agreement must provide that the purchaser is not obligated to purchase if the mortgage financing terms are not approved by the HACCC. C. Financing Requirements. [ 24 CFR 982. 632] The proposed financing terms must be submitted to and approved by the HACCC prior to close of escrow.HACCC shall determine the affordability of the family's proposed financing. In making such determination, HACCC may take into account other family expenses, including but not limited to child care, unreimbursed medical expenses, education and training expenses and the like. Certain types of financing, including but not limited to,balloon payment mortgages, unless convertible to a variable rate mortgage, are prohibited and will not be approved by the HACCC. K. Inhouse HACCC-financing mortgages may be considered by the HACCC on a case by case basis. If a mortgage is not FHA-insured,HACCC will require the lender to comply with generally accepted.mortgage underwriting standards consistent with those of HUD/FHA, FY 2006 Annual Plan 139 form BUD 50075(0312003) 9b- i } Ginnie Mae, Fannie Mae, Freddie Mac, California Housing Finance Agency(CHFA), USDA Rural Housing Services;the Federal Home Loan Bank, or other private lending institution. D. Compliance With Family Obligations. A family must agree, in writing, to comply with all family obligations under the public housing program and HACCC's home ownership policies. These obligations include(1) attending ongoing homeownership counseling, if required by the HACCC; (2) complying with the mortgage terms; (3) cannot sell or transfer the home to anyone other than to an eligible family who qualifies under the public housing homeownership program and approved by HACCC; (4) cannot refinance or add debt secured by the home; (5) cannot obtain a present ownership interest in another residence and also participating in a public home ownership assistance; and (6) must supply all required information to the HACCC, including but not limited to annual verification of household income, notice of change in home ownership expenses,notice of move-out, and notice of mortgage default. HACCC's Homeownership Family Obligation policies and other certifications as requested by the HACCC. G. RESTRICTION ON SALE OF A PUBLIC HOUSING UNIT Purchaser may not sell a public housing unit unless it is only sold to a buyer who meets all the eligibility requirements established by HACCC and have resided on the property for at least five (5) years. H. RECAPTURE OF NET PROCEEDS ON THE SALE OF PROPERTY [24 CFR 906.271 The following rules apply to recapture of net proceeds on the sale of property. (a) Net proceeds means the financial gain on resale received by the seller after satisfying all amounts owing under mortgages, paying closing costs, and receiving an amount equal to the down payment(made from the seller's own funds) and principal payments on the mortgage. (b) Gain from appreciation means the financial gain on resale attributable solely to the home's appreciation in value over time and not attributable to government provided assistance or any below in market financing provided under 24 CFR 906.29. (c) The gain from appreciation and assistance to recapture are not limited to the following: (i)The aggregate amount of assistance provided under the homeownership program. (ii) The contribution of equity by the purchasing family. (iii)The period of time elapsed between purchase by the homebuyer under the homeownership program and resale by the homebuyer. (iv)The reason for resale. (v) Any improvements made by the purchasing family under the homeownership program. (vi)Any appreciation in the value of the property. FY 2006 Annual Plan 140 form HUD 50075(03/2003) (vii) Any other factors that the HACCC considers appropriate in making the recapture determination. k t (d) HACCC will enforce its recapture policy through an appropriate form of title restriction. t I. BELOW MARKET SALES AND FINANCING 124 CFR 906.291 3� ' C f Below market purchase prices or below market financing to enable below market purchases or a combination of the two methods may be made available to eligible buyers. Discounted purchase prices AAA may be determined on a unit by unit basis,based on the particular purchaser's ability to pay, or may be `' determined by any other fair and reasonable method(e.g. uniform prices for a group of comparable dwellings,within a range of affordability by potential purchases). Below market financing may include any lawful type of public or private financing, including but not limited to purchase money mortgages, non cash second mortgages, promissory notes, guarantees of mortgage loans from other lenders, shared equity, or lease-purchase arrangements. HACCC depending on market conditions may elect to offer below market sales and financing or market sales and financing to eligible purchasers only. J. TITLE RESTRICTION & ENCUMBRANCES (24 CFR 906.9) (a)If property is subject to indebtedness under the Annual Contribution Contract (ACC), title to property is subject to the encumbrance based on the amount of the indebtedness. t (b)Upon sale of a public housing unit to a public housing tenant or eligible family, or to a PRE operating the units as non-public housing, in accordance with the HUD approved homeownership program, HUD will execute a release of the title restrictions prescribed by the ACC. K PROTECTIONS AVAILABLE TO NON-PURCHASING PUBLIC HOUSING RESIDENTS (a) If a public housing resident does not exercise the right of first refusal under 24 CFR 906.13 and the HACCC determines to move the tenant for the purpose of transferring possession of the unit, the HACCC will provide notice 90 days before the date the resident is displaced, and may not displace the resident, except as stated in paragraph (a) (1) of this section, for the full 90 day period, the HACCC: (1) Will notify the resident residing in the unit 90 days prior to the displacement date, except in cases of imminent threat to health or safety that: (i) The public housing unit will be sold. (ii)The transfer, of possession of the unit will not occur until the resident is'relocated. (iii) Each resident displaced by such action will be offered comparable housing (2) Provide for the payment of the actual costs and reasonable relocation expenses of the resident to be displaced. (3) Ensure that the resident is offered comparable housing. FY 2006 Annual Plan 141 form HUD 50075(03/2003) i (4) Provide counseling for displaced residents regarding their rights to comparable housing, including their rights under the Fair Housing Act to choice of a unit on a nondiscriminatory basis, without regard to race, color, religion, national origin, disability, age, sex, or familial status. (5) HACCC will not transfer possession of the unit until the resident is relocated. (c) For purposes of this section, the tern "comparable housing"means housing: (1) That meets housing quality standards. (2) That is located in an area that is generally not less desirable than the displaced resident's original development (3) Which may include: (i) Tenant based assistance(tenant based assistance will only be provided upon the relocation of the resident to the comparable housing) (ii) Project based assistance (iii) Occupancy in a unit owned, operated, or assisted by the HACCC at a rental rate,paid by the resident that is comparable to the rental rate applicable to the unit from which the resident is vacating. L. OWNERSHIP INTERESTS THAT MAY BE CONVEYED TO A PURCHASER The homeownership program may provide for sale to the purchasing family of any ownership interest that the HACCC considers appropriate under the homeownership program, including but not limited to: (a) Ownership in fee simple (b) A condominium interest (c) A shared appreciation interest with a HACCC provided financing (d) A leasehold under a bona fide lease purchase agreement. M. WAIVER OR MODIFICATION OF HOME OWNERSHIP POLICIES. The Executive Director or his/her designee of the HACCC shall have the discretion to waive or modify any provision of the Public Housing Homeownership Program or policies not governed by statute or regulation for good cause or to comply with changes in HUD regulations, directives ,and the Housing Authority goals. FY 2006 Annual Plan 142 form HUD 50075(03/2003) Attachment U *. HOUSING AUTHORITY BOARDOF OF THE COMMISSIONERS COUNTY OF CONTRA t Ir= COSTA ADMINISTRATION "I ADVISORY HOUSING COMMISSION z EXECUTIVE ADMN.SVCS. v - COUNTYCOUNSEL [:DIRECTOR OFFICER .O FFICEASSISTANT WR$TRAINING DEP.EXEC.DIR. INTERNALAUDITO DIRECTOROF DIRECTOROF OFFICER HOUSING DEVELOPMENT FINANCE OPERATIONS .................... PERS DIR.HOUSING HOUSING i. BENEFITSCOORD.i OPERATIONS `. DEVELOPMENT i ACCOUNTING HOUSHGCHOCEOFFICER SUPERVISOR WUCHM ........ .............. .. .....I.. .....i .................................... 3 ................................... ..................................., ..................................... i.................................. . OFFICEWORK DIR.HOUSING HOUSING t EXPERIENCE ! OPERAu�oS h.................................... . ................................... TECHNICAL FISCALANALYST i DIRECTOR FACILITIESMGMT i SECRETARY RESIDENTS HOUSING f SERVICESMGR. .' REHABILITATION i OFFICER PROGRAM ANALYST • SECRETARY ITSUPPORT FY 2006 Annual Plan 143 form HUD 50075(03/2003) Attaclunent V HUD has five allowable deductions from Annual Income: 1. Dependent Allowance: $480 each for family members (other than the head or spouse) . who are minors, and for family members who are 18 and older who are full-time students or who are disabled. 2. Elderly/Disabled Allowance: $400 per family for families whose head or spouse is 62 or over or disabled. 3. Allowable Medical Expenses: Deducted for all family members of an eligible elderly/disabled family. 4. Child Care Expenses: Deducted for the care of children under 13 when child care is necessary to allow an adult member to work,attend school, or actively seek employment. If other adult members of the household are unemployed, and are not enrolled in a training program, documentation will be required in order to exclude.them as a caregiver. 5. Allowable Disability Assistance Expenses: Deducted for attendant care or auxiliary apparatus for persons with disabilities if needed to enable the individual or an adult family member to work. B. MINIMUM RENT [24 CFR 5.6161 "Minimum rent" is $50. Minimum rent refers to the Total Tenant Payment and includes the combined amount a family pays towards rent and/or utilities when it is applied. Hardship Requests for an Exception to Minimum Rent The HA recognizes that in some circumstances even the minimum rent may create a financial hardship for families. The HA will review all relevant circumstances brought to the HA's attention regarding financial hardship as it applies to the minimum rent. The following section states the HA's procedures and policies in regard to minimum rent financial hardship as set forth by the Quality Housing and Work Responsibility Act of 1998. HUD has defined circumstances under which a hardship could be claimed. Criteria for Hardship Exception In order for a family to qualify for a hardship exception the family's circumstances must fall under one of the following HUD hardship criteria: • The family has lost eligibility or is awaiting an eligibility determination for Federal, State, or local assistance; • The family would be evicted as a result of the imposition of the minimum rent requirement; • The income of the family has decreased because of changed circumstances,including: FY 2006 Annual Plan 144 form HUD 50075(03/2003) C (1) Loss of employment (2) Death in the family (3) Other circumstances as determined by the HA or HUD C. HA NOTIFICATION TO FAMILIES OF RIGHT TO HARDSHIP EXCEPTION The HA will notify all families subject to minimum rents of their right to request a minimum rent hardship exception. "Subject to minimum rent"means the minimum rent was the greatest figure in the calculation of the greatest of 30% of monthly adjusted income, 10% of monthly income, minimum rent or welfare rent. The HA,notification will advise families that hardship exception determinations are subject to HA review and hearing procedures. The HA will review all family requests for exception from the minimum rent due to financial hardships. All requests for minimum rent hardship exceptions are required to be in writing. "Suspension"means that:the HA must not use the minimum rent calculation until the HA lids made this decision. The HA will request documentation as proof of financial hardship. The HA will use its standard verification procedures to verify circumstances which have resulted in financial hardship. Requests for minimum rent exception must include a statement of the family hardship that qualifies the family for an exception. D. SUSPENSION OF MINIMUM RENT The HA will grant the minimum rent exception to all families who request it, effective the first of the following month. The minimum rent will be suspended until the HA determines whether the hardship is: • Covered by statute • Temporary or long term During the minimum rent suspension period, the family will not be required to pay a minimum rent and the housing assistance payment will be increased accordingly. If the HA determines that the minimum rent is not covered by statute, the HA will impose a minimum rent including payment for minimum rent from the time of suspension. E. TEMPORARY HARDSHIP If the HA determines that the hardship is temporary, a minimum rent will not be imposed for a period of up to 90 days from the date of the family's request. At the end of the temporary suspension period, a minimum rent will be imposed retroactively to the time of suspension. The HA will offer a repayment agreement to the family for any such rent not paid during the temporary hardship period. (See"Owner and Family Debts to the HA", Chapter 17 for Repayment Agreement policy). z> F. LONG TERM DURATION HARDSHIP [24 CFR 5.616(c)(3)] FY 2006 Annual Plan fi 145 form HUD 50075(0312003) s If the HA determines that there is a qualifying long-term financial hardship, the HA must exempt the family from the minimum rent requirements. The HA will reimburse the family for any minimum rent charges which took effect after October 21, 1998,that qualified for one of the mandatory exceptions. } FY 2006 Annual Plan 146 form HUD 50075(03/2003) Attachment W DECONCENTRATION OF POVERTY AND INCOME MIXING The HACCC has (3) general occupancy, family public housing developments covered by the deconcentration rule. These covered developments are within the Established Income Range from 85 — 115 percent of the average incomes of all such developments. The HACCC will analyze developments on a regular basis according to the deconcentration rule. End V FY 2006 Annual Plan 147 form HUD 50075(03/2003) 4..f1