HomeMy WebLinkAboutMINUTES - 06231998 - C149 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J.Martinez,Executive Director
DATE: June 23, 1998
SUBJECT: SECTION 8 ADMINISTRATIVE PLAN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
ADOPT Resolution No.4041 amending the Section 8 Administrative Plan based on HUD and policy recommendations.
IL FINANCIAL IMPACT:
None.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The U. S.Department of Housing and Urban Development(HUD)regulations require all Housing Authorities that
administer the Section 8 Program to have an administrative plan. The administrative plan must set forth the agency's overall
approach and objectives for program administration and a description of discretionary policies concerning maintaining,closing
and reopening PHA waiting lists,voluntary interjurisdictional portability,issuing/extending and denying certificates,occupancy
standards,preferences,SRO housing,collection amounts owed the PHA,informal reviews and hearings,recertifications,and
directing Section 8 Program activities in support of local or area-wide community economic development. The attached
modifications revise the Administrative Plan approved by the Board in July, 1997 to include recent changes in HUD Regulations
and other changes in policy.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.4041,the Housing Authority would be unable to
implement the proposed changes to the Section 8 Program.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
C APPROVE OTHER
SIGNATURE(S): j
ACTION OF BOARD ON JUN 3 19 APPROVED AS RECOMMENDED„�� i OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS {ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED JUN 2 3 1998
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY F ,DEPUTY
S8ADMIN.BOARD
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 4041
RESOLUTION REVISING THE SECTION 8 ADMINISTRATION PLAN
WHEREAS,the Contra Costa County Housing Authority ("PHA") administers a
Section 8 Program; and
WHEREAS,the U. S. Department of Housing and Urban Development(HUD)
regulations require all Housing Authorities that administer the Section 8
Program to have an Administrative Plan; and
WHEREAS,recent changes in HUD Regulations and agency policy are included in
the revised Section 8 Administrative Plan,
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Housing Authority of the County of Contra Costa that the Section 8 Administrative
Plan set forth as required by the U. S. Department of Housing and Urban
Development(HUD)become effective immediately.
PASSED AND ADOPTED ON June 23, 1998 by the
following vote of the Commissioners.
AYES: Commissioners Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
I HEREBY CERTIFY THAT THIS IS A
TRUE AND CORRECT COPY OF AN
ACTION TAKEN AND ENTERED ON THE
MINUTES OF THE BOARD OF
COMMISSIONERS ON THE DATE SHOWN.
ATTESTED June 23, 1998
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
s8adminR
PLEASE POST
SECOND REVISED EDITION
PUBLIC NOTICE
The Section 8 Administration Plan for the Housing... Authority of the County of Contra
Costa is being amended. You may review and forward your comments to the Director
of Housing Operations, P. O. Box 2759, Martinez, CA 94553 by the close of business
on Friday, May 15, 1998 in order to have those comments reviewed prior to the
adoption of the proposed changes.
The attached chapters will be on the agenda for adoption by the Housing Authority of
the County of Contra Costa Advisory Housing Board at its June, 1998 meeting. That
meeting schedule will be published prior to consideration of the changes.
DLP/mfg
Attachments
4t1ePUNCr�0NOCZ
Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
INTROODUCTIt-N
It is the HA's objective to ensure that the families are placed in the proper order on the waiting
list so that an offer of assistance is not delayed to any family,or made to any family prematurely.
This chapter defines the eligibility criteria for Preferences and explains the HA's system of
applying them. It also explains the ranking and/or local preference criteria which the HA has
adopted to meet local housing needs. By maintaining an accurate waiting list,the HA will be
able to perform the activities which ensure that an adequate pool of qualified applicants will be
available so that program funds are used in a timely manner.
It is the Housing Authority's policy to accept and process applications for the Section 8 Rental
Assistance Program following applicable HUD Handbooks and Regulations. When the
Authority receives new increments of Section 8 Certificates or Vouchers, applications will be
taken by phone. Applications for the special sub-programs,such as Rental Rehabilitation,may
be filed in person at the Housing Authority Field Offices. Applications for the Moderate
Rehabilitation Program(Mod Rehab)are handled at the Central Waiting List Office. The
Authority will take applications from all persons apparently eligible for Section 8 assistance,
unless the waiting list is so oversubscribed that it is likely that only those with preferences will
be helped over the next year. If the waiting list is open,the Housing Authority will not refuse to
take applications from apparently eligible families unless there is good cause for not accepting
applications(such as a denial of assistance because of action or inaction by the family)for
grounds specified in the HACCC Section 8 Policy Manual and HUD regulations.
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All applications will be placed on a centralized, county-wide waiting list based on applicable
preferences for applicant selection,and the time and date of filing. The Authority places all
Section 8 applicants on the same waiting list,noting each applicant's preferences for a Certificate
or Housing Voucher. Applicants will be notified of how long they may expect to be on the
waiting list before being offered assistance. It is Housing Authority policy to administer the
waiting list in a way that is consistent with the objectives of Title VI of the Civil Rights Act of
1364 and HUD implementing regulations. The Central Waiting List/Portability Office maintains
the Section 8, Public Housing and Mod Rehab waiting lists.
Opening the Waiting List
The Section 8 Waiting List is currently closed. When the Housing Authority opens the waiting
list, it will give public notice in accordance with the policy outlined in the section"Program
Outreach" in Chapter 1 of this plan.
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A QRGANIZATION OF WAITING LIST
The Housing Authority maintains information that permits it to select participants from the
waiting list in accordance with admissions policies established in the Section 8 Policy Manual.
The waiting list must contain the following information for each applicant listed:: (1)applicant
name; (2)family size (number of bedrooms the family qualifies for under HACCC's Occupancy
Standards); (3) qualification for a Preference; (4)qualification for a local ranking and(5)racial
or ethnic designation of the head of household.
The waiting list will be maintained in accordance with the following guidelines:
I. The application will be a permanent file
2. All applicants in the pool will be maintained in order of preference. Applications
equal in preference will be maintained by date and time sequence.
3. All applicants must meet"Very Low Income" eligibility requirements as
established by HUD. Any exceptions to these requirements,other than those outlined in Chapter
2, "Eligibility for Admission," must have been approved previously by the HUD Field Office
Special Admissions
If HUD awards the Housing Authority program funding that is targeted to families living in
specified units: (1)The Housing Authority must use the assistance for the families living in such
units and (2)The Housing Authority may admit a family that is not on the Housing Authority
waiting list or without considering the family's waiting list position. HACCC must keep records
showing that the family was assisted with HUD targeted assistance. Applicants admitted under
targeted funding are identified by cedes in the automated system and are not maintained on
separate lists.
Examples of HUD-targeted funding include the following:
*A family displaced because of the demolition or disposition of a public housing project;
* A family residing in a multifamily rental housing project when HUD sells,forecloses,
or demolishes the project
* A family residing in a project covered by a project-based Section 8 contract at or near
the end of the term; and other examples detailed in the agency Sec 8 manual(Chapter 3,page 3).
B. WAITING LIST PREFERENCES
An applicant will not be granted any preference if any member of the family has been evicted
from any federally assisted housing during the past three years because of drug-related or violent
criminal activity.
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In determining whether to deny assistance based on drug-related or violent criminal activity, the
Housing Authority will exercise its discretion. The Authority may deny or terminate assistance if
evidence shows that a family member has engaged in such activity despite whether the family
member has been arrested or convicted. The HACCC will consider all of the circumstances
in each case including the seriousness of the offense and the effects that the denial or termination
would have on family members not involved in the activity. In appropriate cases,the HACCC
may permit remaining members of the family to continue receiving assistance and may impose a
condition that family members engaged in the proscribed activities will not reside in the unit
and/or require a family member who has engaged in the illegal use of drugs to submit evidence
of successful completion of a treatment program as a condition of being allowed to reside in the
assisted unit. The Housing Authority will employ the considerations described in this section as
warranted by the factual situation.
If an applicant makes a false statement in order to qualify for a preference,the Housing Authority
will deny admission to the program for the family.
Types of Applicants With Preference Over"Other Singles":
Applicants who are elderly or disabled households(whether single or not)and single persons
displaced by government action will be given a selection priority over all"Other Single"
applicants regardless of preference status.
"Other Singles" denotes a one-person household in which the individual member is neither
elderly,disabled,or displaced by government action. Such applicants will be placed on the
waiting list in accordance with their preferences,but can not be selected for assistance before any
elderly family,disabled family or displaced single regardless of preferences.
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C. FEDERAL PREFERENCE CATEGORIES [24 CFR 982.211-2131
Applicants who are entitled to a preference by Federal regulations prior to January, 1996 include
those:
Involuntarily displaced.
Currently living in substandard housing (including homeless families).
Currently paying more than 50%of their income for rent and utilities("Rent Burden°').
Descriptions of these Preferences and their"definitional elements" (or sub-categories) follows.
The Authority has chosen to assign each of the three federal preference categories equal weight.
The three categories will not be combined or aggregated in any manner. Applicants are
considered on the basis of these preferences they can verify.
Involuntary Displacement
Involuntarily Displaced applicants are applicants who have been involuntarily displaced and are
not living in standard,permanent replacement housing,or will be involuntarily displaced within
no more than six months from the date of preference status certification by the
family/verification by the ISA.
Families are considered to be involuntarily displaced if they are required to vacate housing as a
result of:
1. A disaster(fire,flood,earthquake,etc.)that has caused the unit to be uninhabitable.
2. Federal, state or local government action related to code enforcement,';public
improvement or development.
3. Action by a housing owner which is beyond an applicant's ability to control,and which
occurs despite the applicant's having met all previous conditions of occupancy, and is
other than a rent increase.
If the owner is an immediate family relative and there has been no previous rental
agreement and the applicant has been part of the owner's family immediately prior
to application,the allplicant will not be considered involuntarily displaced.
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For purposes of this definitional element, reasons for an applicant's having to vacate a
housing unit include, but are not limited to:
Conversion of an applicant's housing unit to non-rental or non-residential use;
Closure of an applicant's housing unit for rehabilitation or non-residential use;
Notice to an applicant that s/he must vacate a unit because the owner wants the
unit for the owner's personal or family use or occupancy;
Sale of a housing unit in which an applicant resides under an agreement that the
unit must be vacant when possession is transferred; or
Any other legally authorized act that results, or will result, in the withdrawal by
the owner of the unit or structure from the rental market.
4. Actual or threatened physical violence directed against the applicant or the applicant's
family by a spouse or other household member who lives in the unit with the family.
The actual or threatened violence must have occurred within the past 30 days or be of a
continuing nature.
An applicant who lives in a violent neighborhood or is fearful of other violence outside
the household is not considered involuntarily displaced.
To qualify for this preference,the abuser must have been a resident in the unit from
which the victim was displaced. The applicant must certify that the abuser will not reside
with the applicant unless the HA gives prior written approval.
If the abuser returns to the family without approval of the HA,the HA will deny or
terminate assistance for breach of the certification.
The HA will take precautions to ensure that the new location of the family is
concealed in cases of domestic abuse.
5. To avoid reprisals because the family provided information on criminal activities to a law
enforcement agency and, after a threat assessment, the law enforcement agency
recommends rehousing the family to avoid or reduce risk of violence against the family.
The family must be part of a Witness Protection Program,or the HUDOffice or law
enforcement agency must have informed the HA that the family is part of a similar
program.
The HA will take precautions to ensure that the new location of the family is
concealed in cases of witness protection.
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6. Displacement by hate crimes if a member of the family has been the victim of one or
more hate crimes, and the applicant has vacated the unit because of the crime or the fear
of such a crime has destroyed the applicant's peaceful enjoyment of the unit.
A hate crime is actual or threatened physical violence or intimidation that is
directed against a person or his property and is based on the person's race,color,
religion,sex,national origin,disability or familial status including sexual
orientation and occurred within the last 30 days or is of a continuing nature.
7. Displacement by non-suitability of the unit when a member of the family has a mobility
or other impairment that makes the person unable to use critical elements of the unit and
the owner is not legally obligated to make changes to the unit.
8. Due to HUD disposition of multifamily project under Section 203 of the Housing and
Community Development Amendments of 1978.
Standard Replacement Housing
In order to receive the displacement preference,applicants who have been displaced must not be
living in"standard,permanent replacement housing."
Standard replacement housing is defined as housing that is decent, safe and sanitary according to
federal Housing Duality Standards (HDS),that is adequate for the family sizeaccording to
HUD, and that the family is occupying pursuant to a written or oral lease or occupancy
agreement.
Standard replacement housing does not include transient facilities,hotels,motels,temporary
shelters,and(in the case of Victims of Domestic Violence) housing occupied by the individual
who engages in such violence. It does not include any individual imprisoned or detained pursuant
to State Law or an Act of Congress.
Rent Burden
Families paying more than 50010 of their income for rent and utilities for at least 90 days
commencing before they were selected from the Waiting List and continuing through the
verification of preference will receive this preference.
"Rent" is defined as the actual amount due under a lease or occupancy agreement calculated on a
monthly basis without regard to the amount actually paid,plus the monthly amount of tenant-
supplied utilities which can be either.
1. The HA's reasonable estimate of the cost of such utilities, using the Section 8 Utility
Allowance Schedule; or
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2. The average monthly payments the family actually made for these utilities in the most recent
12-month period,or if information is not obtainable for the entire period,the average of a least
the past quarter(four months).
To qualify for the rent burden preference, the applicant must pay rent directly to the landlord or
agent.
D. INITIAL DETERMINATION OF FEDERAL PREFERENCE QUALIFICATION
[24 CFR 982.210(c)(3)]
At the time of application, an applicant's entitlement to a Federal Preference may be made on the
basis of:
An applicant's certification that they qualify for a preference will be accepted
without verification. When the family is selected from the waiting list for the final
determination of eligibility, the preference will be verified.
If the preference verification indicates that an applicant does not qualify for the preference,the
applicant will be returned to the waiting list and ranked without the Preference and given an
opportunity for a meeting.
Again,the Federal preferences are assigned to those:
-Paying more than 50%of monthly income for rent
-Living in substandard housing (including families who are
homeless or living in a shelter for the homeless)
-Involuntarily displaced
E. RANKING PREFERENCES [24 CFR 982..248, 982.210(b)]
Ranking preferences are used to prioritize applicants within the Qualifying preferences. These
categories will receive a ranking preference: Contra Costa residents, veterans, families with at
least one adult who is employed, an active participant in an educational or job training program
are all eligible for the ranking preference detailed as local preferences below.
F. LOCAL PREFERENCES [24 CFR 982.208, 982.209]
The Authority has also chosen to adopt the following as local preferences:
Residency Preference: Applicants who either live, work or have been hired to work in the
jurisdiction of the SIA. (Residents of the cities of Pittsburg and Richmond do not qualify
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for this residency preference because each has a housing authority running a Section 8
program.
Veteran Preference: Current members of the military,veterans, or surviving
spouses/families of veterans. Those dishonorably discharged are not eligible for veterans
preference.
Families whose head of household at the time of occupancy has been diagnosed as
terminally ill, and life expectancy is less than two years(e.g. referral letter from
physician, or similarly qualified health provider or agency serving as the health care
and/or housing needs of terminally ill persons.
Families who are able to "lease in place" with current owner/manager.
Families who are being offered a certificate/voucher to facilitate the operation of an H.A.
program and/or meet the special needs of the client(e.g. families moving in compliance
with the Designated Housing Allocation Plan).
Families with at least one adult who is a graduate of or active participant in an
educational and training program designed to prepare persons for the job market.
Families with at least one adult who is employed. This preference is extended equally to
elderly families or families whose head or spouse is receiving income based on their
inability to work.
Single individuals: In accordance with federal regulations(24 CFR 812.3)the Authority
will extend preference to Elderly Families(including Disabled Persons and Handicapped
Persons)and Displaced Persons over ether Single Persons.
Carder of Selection:
Applicants will be placed on the wait list in accordance with the above described
preferences. As a result the Housing Authority will issue applicants on the wait list
CertificatesNouchers in the fallowing sequential order:
1 Families with Federal Preference- Contra Costa County Residents
2 Families with Federal Preferences--Veterans
3 Familie with Federal Preferences—Terminally ill
4 Families with Federal Preferences--Lease in place
5 Families with Federal Preferences--Special Deeds
6 Families with Federal Preferences-Working
7 Families with Federal Preference»Job Training
8 Families with Federal Preference-No Ranking Preference
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9 Families with No Federal Preference-Contra Costa County Residents
10 Families with No Federal Preference—Veterans
11 Families with No Federal Preference--Terminally Ill
12 Families with No Federal Preference--Lease in Place
13 Families with No Federal Preference-- Special Needs
14 Families with No Federal Preference-Working
15 Families with No Federal Preference-Job Training
16 Families with No Federal Preference-No local preference
17 Single Persons with Federal Preference
18 Single Persons with no Federal Preference
The HA does exercise its ability to waive qualifying preference policy for 50%of applicants
admitted each fiscal year.
If there are no federal preference holders available for admission,there is no local preference
limit. A public hearing must be held before the HA adopts any local preference.
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G. EXCEPTIONS FOR SPECIAL ADMISSIONS [24 CFR 982.203,982.54(d)(3)]
If HUD awards an HA program funding that is targeted for specifically named families, the HA
will admit these families under a Special Admission procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do
not have to qualify for any preferences, nor are they required to be on the program waiting list.
They are not counted in the limit on non-federal preference admissions. The HA maintains
separate records of these-admissions.
The following are examples of types of program funding that may be designated by HUD for
families living in a specified unit;
I. A family displaced because of demolition or disposition of a public or Indian housing
project;
2. A family residing in a multifamily rental housing project when HUD sells, forecloses or
demolishes the project;
3. For housing covered by the Low Income Housing Preservation and Resident
Homeownership Act of 1990;
4. A family residing in a project covered by a project-based Section 8 HAP contract at or
near the end of the HAP contract term;and
5. A non-purchasing family residing in a HOPE 2 or HOPE 2 project.
H. TARGETED FUNDING
When HUD awards special funding for certain family types,families who qualify are placed on
the regular waiting list. When a specific type of funding becomes available,the waiting list is
searched for the first available family meeting the targeted funding criteria.
The HA has the following`°Targeted" Programs:
*Family Reunification
*Designated Housing Allocation Plan-- Non-elderly disabled on HUD Assisted P.H.
Waiting List
*Family Self Sufficiency
* Homeless Assistance Program
* Shared Housing
* Shelter Plus Care
* Rental Rehab Program
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L PREF ENCE ELIGI&LLPIY [24 CFR.982.210(c) (3-4)]
Change in Circumstances
Changes in an applicant's circumstances while on the waiting list may affect the family's
entitlement to a preference. Applicants are required to notify the HA in writing when their
circumstances change. When an applicant claims an additional preference, s/he will be placed on
the waiting list in the proper order of their newly-claimed preference.
Cross-Listing of Public Housing and Section 8
The HA will not merge the waiting lists for public housing and Section 8. However, if the
Section 8 waiting list is open when the applicant is placed on the public housing list,the HA
must offer to place the family on both lists. If the public housing waiting list is open at the time
an applicant applies for Section 8,the HA must offer to place the family on the public housing
waiting list.
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J. t RDER OF SELECTION [24 CFR.982.207(e), 982.210(a)(b)]
The order of selection is based on the HA's system for weighing preferences and the HUD
requirement that elderly and disabled families and displaced singles will always be selected
before other singles.
Federal Preferences
The HA has selected the following system to apply the qualifying preferences;and ranking local
preferences:
1 All applicants who qualify for one or more of the qualifying preference
categories will be weighted as outlined on page 9 of this chapter.
2. Ranking preferences will be ranked as listed as outlined on page 9.
Among AlIRlicants with Equal Preference Status
Among applicants with equal preference status,the waiting list will be organized by date and
time.
Under the singles rule,elderly and disabled families and displaced singles will always be
selected before other singles without regard to preference status.
K. FINAL VERIFICATION OF PREFERENCES [24 CFR 982.210(c)(3)(4)]
Preference information on applications will be updated as applicants are selected from the
waiting list. At that time,the HA will:
Obtain necessary verifications of family's preference claim at the interview and
mail third party verifications as applicable.
L. PREFERENCE DENIAL [24 CFR 982.210(d)]
If the HA denies a preference,the HA will notify the applicant in writing of the reasons why the
preference was denied and offer the applicant an opportunity for an informal meeting. If
requested, the applicant may also appeal the preference denial through a separate review process,
not the informal review procedure used to review denial. If the denial is upheld as a result of the
review,or the applicant does not request a review,the applicant will be placed on the waiting list
without benefit of the preference. Applicants may exercise other rights if they believe they have
been discriminated against.
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* If the applicant falsifies documents or makes false statements in order to qualify for any
preference,they will be removed from the Waiting List.
M REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204 (c)j
If an applicant fails to respond to a mailing from the HA,the applicant will be sent written
notification and given 30 days to contact the HA. If they fail to respond within 30 days they will
be removed from the waiting list. An extension will be considered an accommodation if
requested by a person with a disability. If a letter is returned by the Post Office without a
forwarding address,the applicant will be removed without further notice,and the envelope and
letter will be maintained in the file. If a letter is returned with a forwarding address:, it will be re-
mailed to the address indicated.
If an applicant is removed from the waiting list for failure to respond,they will not be entitled to
reinstatement unless by the instruction of the Director of Housing Operations.
The waiting list will be purged twice a year by a mailing to all applicants to ensure that the
waiting list is current and accurate. The mailing will ask for current information and
confirmation of continued interest.
Applicants are required to contact the HA in writing when there is a change of address to confirm
their continued interest.The HA will give written notification to all applicants who fail to
respond at the required times. If they fail to respond to this notification,they will be removed
from the waiting list.
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PROGRAM INTEGRITY ADDENDUM
I��C3D�,�CTION
The VS Department of HUD conservatively estimates that 2003 million dollars is paid annually
to program participants who falsify or omit material facts in order to gain more rental
assistance than they are entitled to under the law. HUD further estimates that 12% of all HUD-
assisted families are either totally ineligible, or are receiving benefits which exceed their legal
entitlement.
The HA is committed to assuring that the proper level of benefits is paid to all'participating
families, and that housing resources reach only income-eligible families so that program
integrity can be maintained.
The HA will take all steps necessary to prevent fraud, waste, and mismanagement so that
program resources are utilized judiciously.
This Chapter outlines the HA's policies for the prevention, detection and investigation of
program abuse and fraud.
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B, STEPS THl✓ HA WILL TAKE TO PREVENT PROGRAM ABiJSE AND FRAUIII
The HA management and staff will utilize various methods and practices (listed below) to
prevent program abuse, non-compliance, and willful violations of program rules by applicants
and participating families. This policy objective is to establish confidence and trust in the
management by emphasizing education as the primary means to obtain compliance by families.
1. Program Orientation Session. Mandatory orientation sessions will be conducted by
the HA staff for all prospective program participants, either prior to or upon issuance
of a certificate or voucher. At the conclusion of all Program Orientation Sessions, the
family representative will be required to sign a "Program Briefing Certificate" to
confirm that all rules and pertinent regulations were explained to thein.
2. Transfers-Orientadons. Briefings (orientations) will be conducted for participants upon
transferring from one unit to another.
I Resident Counseling. The HA will routinely provide participant counseling as a part
of every recertification interview in order to clarify any confusion pertaining to
program rules and requirements.
4. Review and explanation of Forms. Staff will explain all required forms and review
the contents of all (re)certification documents prior to signature.
5. Use of Instructive Signs and Warnings. Instructive signs will be conspicuously posted
in common areas and interview areas to reinforce compliance with program rules and to
warn about penalties for fraud and abuse
6. Participant Certification. All family representatives will be required to sign a
"Participant Certification" form.
?. Landlord Briefings, The HA will conduct landlord briefing sessions to explain
program regulations and requirements in order to obtain compliance by owners in
preventing program abuse and fraud.
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5. Credit Bureau Inquiries. Credit Bureau inquiries may be made (with proper
authorization by the participant) in the following circumstances:
* At the time of final eligibility determination
* When an allegation is received by the HA wherein unreported income
sources are disclosed.
* When a participant's expenditures exceed his/her reported income, and
no plausible explanation is given.
D. THHE HA'S HANDLING OF LEGATIONS OF POSSIBLE ABUSE
MAUD
The HA staff will encourage all participating families to report suspected abuse to the Housing
Manager. All such referrals, as well as referrals from community members and other
agencies, will be thoroughly documented and placed in the participant's file. All allegations,
complaints and tips will be carefully evaluated in order to determine if they warrant follow-up.
The Housing Manager will not follow up on allegations which are vague or otherwise non-
specific. They will only review allegations which contain one or more independently verifiable
facts.
1 File Review. An internal file review will be conducted to determine:
If the subject of the allegation is a client of the HA and, if so, to determine
whether or not the information reported has been previously disclosed by the
family.
It will then be determined if the HA is the most appropriate authority to do a follow-up
(more so than police or social services). Any file documentation of past behavior as
well as corroborating complaints will be evaluated.
2. Conclusion of Preliminary Review. If at the conclusion of the preliminary file review
there is/are fact(s)contained in the allegation which conflict with file data, and the
fact(s) are independently verifiable, the Housing Manager will initiate an investigation
to determine if the allegation is true or false.
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F PLACElir NT OF DOCUMENTS EVIDENCE AND STATEMENTS OBTAINED
BY THE HA
Documents and other evidence obtained by the HA during the course of an investigation will
be considered a part of the "work product" and will either be kept in the participant's file.
Records of meetings with the family will also be maintained in the file.
O. CONCLUSION OF THE HA'S INVESTIGATIVE REVIEW
At the conclusion of the investigative review, the reviewer will report the findings to the
Executive Director or designee. It will then be determined whether a violation has occurred, a
violation has not occurred, or if the facts are inconclusive.
H EVALUATION OF THE FINDINGS
If it is determined that a program violation has occurred, the HA will review the facts to
determine:
1. The type of violation (procedural, non-compliance, fraud).
2. Whether the violation was intentional or unintentional.
3. What amount of money (if any) is owed by the family.
4. If the family is eligible for continued occupancy.
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The right to disagree and to request an informal hearing with I instructions for the
request of such hearing.
(a) Participant Fails to Comply with HA's Notice. If the Participant fails to comply
with the HA's notice, and a family obligation has been violated, the HA will
initiate termination of assistance.
(b) Participant_Complies with-HA's Notice. When a family complies the HA's
notice, the staff person responsible will meet with him/her to discuss and
explain the Family Obligation or program rule which was violated. The staff
person will complete a Participant Counseling Report, give one copy to the
family and retain a copy in the family's file.
3. Intentional Misrepresentations. When a participant falsifies, misstates, omits or
otherwisemisrepresents a material fact which results (or would have resulted) in an
overpayment of housing assistance by the HA, the HA will evaluate whether or not.
the participant had knowledge that his/her actions were wrong, and
the participant willfully violated the family obligations or the law.
Knowledgg that the action or inaction was wrong. This will be evaluated by
determining if the participant was made aware of program requirements and
prohibitions. The participant's signature on various certification, briefing certificate,
Personal Declaration are adequate to establish knowledge of wrong-doing.
The partici ann t willfully violated the law. Any of the following circumstances will be
considered adequate to demonstrate willful intent.
(a) An admission by the participant of the misrepresentation.
(b) That the act was done repeatedly.
(c) If a false name or Social Security Number was used.
(d) If there were admissions to others of the illegal action or omission.
(e) That the participant omitted material facts which were knower to him/her (e.g.,
employment of self or other household member).
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the HA with the participant, and to provide the participant an opportunity to
explain any document findings which conflict with representations in the family's
file. Any documents or mitigating circumstances presented by the family will be
taken into consideration by the HA . The family may be given 5 days to furnish
any mitigating evidence.
* A secondary purpose of the Participant Conference is to assist the HA in
determining the course of action most appropriate for the case. Prior to the final
determination of the proposed action, the HA will consider:
• The duration of the violation and number of false statements.
* The family's ability to understand the rules.
* The family's willingness to cooperate, and to accept responsibility for
his/her actions
* The amount of money involved.
* The family's past history
* Whether or not criminal intent has been established.
• The number of false statements.
6. Notification to Participant of Proposed Action. The HA will notify;the family of the
proposed action within 30 days of the case conference.
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