HomeMy WebLinkAboutMINUTES - 07132004 - HA.2 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Robert McEwen, Executive Director '
DATE: July 13, 2004
SUBJECT: SECTION 8 ADMINISTRATIVE PLAN
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1. RECOMMENDED ACTION:
ADOPT Resolution No. 5053 amending the Section 8 Administrative Plan dated April, 2004.
Il, FINANCIAL IMPACT:
None.
Ill. REASONS FOR RECOMMENDATION/BACKGROUND
The U. S. Department of Housing and Urban Development (HUD) regulations require all Housing
Authorities that administer the Section 8 Program to have an administrative plan. The administrative plan
must set forth the agency's overall approach and objectives for program administration and a description
of discretionary policies concerning maintaining, closing and reopening PHA waiting lists, voluntary
interjurisdictional portability, issuing/extending and denying certificates, occupancy standards,
preferences, SRO housing, project based assistance, 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 on August 5, 2003 to include recent changes in HUD Regulations and other changes in
policy. A copy of the Executive Summary of revisions to the Section 8 Administrative Plan is attached for
your review.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No. 5053, the Housing Authority
would be unable to implement the proposed changes to the Section 8 Program.
C ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON � � �� ," � t" APPROVED AS RECOMMENDED A' 0TRER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS {ABSENT /' ", R �_, ) 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 , s 9 ,v
JOIM-SWEETEN,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
t
BY � _ ,DEPUTY
H:\JudyHayes'LMSOFFICE\WINWORD\BOARD\BO-Section 8 Admin Plan Revisions.DOC
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO. 5053
RESOLUTION APPROVING THE SECTION 8 ADMINISTRATION PLAN FOR THE
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
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 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 -/ by the
following vote of the Commissi�.
AYES: GIOIA, UnmAk, g0NMRG, DESAurri`M, aom, TaIES
NOES: N=
ABSENT: 1
ABSTAIN: 1
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
-' JOHN SWEETEN, CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY /
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/
H:iJudyHayeskMSOFFIC@1WINWORa\AHC1AHC Section 8 Admin Plan Resolution.doc
Executive Summary
April 2004, Section 8 Administrative Plan
The proposed 2004 Administrative Plan is a written document that describes how
the Housing Authority of the County of Contra Costa (HACCC) will establish local
policies to administer the Section 8 program according to HUD requirements.
The plan states Housing Authority policies on matters for which the agency has
discretion. The Administrative Plan is a supporting document to the Public
Housing Agency Plan. In summary, the attached modifications revise the
Administrative Plan approved by the Board in August 2008, to include recent
changes in HUD administrative, financial and other regulatory changes in policy.
The 2004 Administrative Plan is pending implementation upon acceptance by the
Advisory Housing Commission and approval of the Board of Commissioners.
The Department of Housing and Urban Development (HUD) allows public
housing agencies (HAs) broad discretion to adopt local policies for operation of
the tenant-based programs. This plan reflects the exercise of those policy
choices in a balanced approach consistent with the mission of the agency.
Sections required by HUD regulations are indicated by citation to the Code of
Federal Regulation.
The Section 8 Housing Choice Voucher Administrative Plan is not a
comprehensive statement of the Housing Authority's procedures for program
administration, but is intended to provide applicants, participants, owners, and
the public with a basic understanding and guidance of the Housing Authority's
Section 8 program.
Changes to the revised 2004 Section 8 Administrative Plan:
1. Improved living conditions for very-low-income families by expanding and
clarifying the administrative procedures for identifying and correcting
Housing Quality Standards (HQS) deficiencies. Chapter 10 has been
revised to include specific types of HQS deficiencies and time standards
for repairs and abatements.
2. To accommodate residents of Public Housing units that are being
demolished, rehabilitated, or replaced, the HACCC administrative plan,
Chapter 2, Eligibility For Admission, has been updated to approve
issuance of tenant-based vouchers to accommodate displacement for
either a short or a long term basis. Such residents need not meet the initial
eligibility requirements for income in the Section 8 Program so long as
they meet the requirements for "continually assisted housing"
Page 2 of 2 April 2004
Executive Summary
Section 8 Administrative Plan
Housing Authority of Contra Costa
3. Changes in the citation of the Code of Federal Regulations (CFR) are
included. The Administrative Plan has been updated to make reference
and citation to the updated CFR. These changes in the regulations are a
result of statutory changes in the United States Housing Act of 1937,
4. Clarification on other housing services administered by the Housing
Authority is provided. Specifically, the Administrative Plan now includes
Chapter 23, Project Based Assistance (New Construction), Chapter 24,
Project Based Assistance (Existing), and Chapter 25, Homeownership
Option.
5. A glossary has been updated to include new and revised definition of
acronyms and terms used in the Section 3 Program.
6. Chapter 22, Program Integrity, has been updated. This chapter outlines
more stringent policies for the prevention, detection and investigation of
program abuse and fraud. This chapter also further establishes specific
procedures for staff to follow in uncovering and taking on alleged program
abuse. The Program Integrity program established by the Housing
Authority is a required and is in compliance with HUD regulations as per
CFR 962.54
The Housing Authority is responsible for complying with all subsequent changes
in HUD regulations pertaining to these programs. If such changes conflict with
this Plan, HUD regulations will have precedence, and the Administrative Plan will
be revised accordingly.
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SECTION 8
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ADMINISTRATIVE PLAN
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Dousing Authority of the County of Contra Costa
3133 Estudillo Street
Martinez, CA 94553
2004 - 2005
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HOUSING AUTHORITY OF THE COUNTY OF CONTRA- COSTA
POLICIES/PROCEDURES HOUSING CHOICE VOUCHER PROGRAM
FISCAL YEAR 2004 — 2005
TABLE OF CONTENTS
Chapter
Statement of Policies and Objectives.................................. .... 1
Eligibility for Admission .................................................... .... 2
Applying for Admission..................................................... .... 3
Establishing Preferences & Maintaining the Waiting List ....... .... 4
Subsidy Standards............................................................... 5
Factors Related to Total Tenant Payment, Family Share ....... .... 6
Verification Procedures......................................................... 7
Voucher Issuance, Request for Approval of Tenancy ........... .... 8
Request for Approval of Tenancy & Contract Execution............. 9
Housing Quality Standards and Inspections .......................... 10
Owner Rents, Rent Reasonableness, Payment Standards........ 11
Recertifications ..............................................................._ 12
Moves with Continued Assistance/Portability ......................... 13
Contract Terminations........................................................ 14
Denial or termination of Assistance...................................... 15
Owner Disapproval and Restriction ...................................... 16
Owner or Family Debts to the Housing Authority ............I... 17
Complaints and Appeals ..................................................... 18
Shelter Plus Care Program ................. ................................ 19
Family Self-Sufficiency Program .......................................... 20
Family Unification Program ................................................. 21
ProgramIntegrity............__................................... .......... 22
Project-Based Assistance, Existing Housing........................... 23
Project-Based Assistance, New and Rehab Construction ......... 24
Homeownership ....................................................... ........ 25
Glossaryof Terms ........ ........................... ....................... 26
Chapter 1
STATEMENT Of POLICIES AND 083ECTIVES
INTRODUCTION
The Section 8 Housing Choice Voucher Program was enacted as part of the
Housing and Community Development Act of 1974, which recodified the U.S.
Housing Act of 1937. The Act has been amended from time to time, including
the important Quality Housing and Work Responsibility Act of 1998 (QHWRA)
and its requirements, including subsequent HUD instructions as they apply to
the Section 8 Housing Choice Voucher Program, are described in and
implemented through this Administrative Plan.
Administration of the Section 8 Housing Choice Voucher Program and the
functions and responsibilities of the Housing Authority (HA) staff shall be in
compliance with the HA`s Personnel Policy and the Department of Housing
and Urban Development's (HUD) Section 8 Regulations as well as all
applicable Federal, State, local and Fair Housing Laws and Regulations.
A. HOUSING AUTHORITY OVERVIEW
The Housing Authority of the County of Contra Costa (HACCC) was
established in 1942. HACCC currently owns Public Housing consisting of
1,168 units and 262 Low Income Housing Tax Credit Units. The Housing
Authority is a public housing agency as defined in the United States Housing
Act of 1937, as amended, and in 24 C.F.R. Chapter VIII.
In addition, the Housing Authority administers approximately 6,874 units
under the Housing Choice Voucher Program. This enables us to provide
housing and recital assistance to low-income individuals and families with the
availability of 8,023 dwelling units. The Housing Authority administers
program and services in the ninth most populous county in California, with
its population reaching approximately 930,000 as of January 1, 2000. The
Housing Authority's jurisdiction covers about 733 square miles. However,
the City of Richmond, and the City of Pittsburg administer their own
respective Section 8 Housing Choice Voucher Programs. The western and
northern shorelines are highly industrialized, while the interior sections are
suburban/residential, commercial and light industrial.
Housing Authority of the County of Contra Costa
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This variability of regions translates into an enormous challenge in the
effective administration of the voucher program, Reducing the geographic
isolation of low-income families is one of the key objectives of the HACCC.
By identifying key geographic regions we are establishing multiple payment
standards thereby promoting tenant mobility and beginning deconcentration
of tenant-based assistance in some of our concentrated lower income areas,
Even greater flexibility in establishing exception payment standards
consistent with the changing rental market is crucial in both minimizing the
financial and administrative impact to the Housing Authority and more
importantly provide stability for families trying to move out of poverty areas.
We believe that good neighborhoods can positively influence the
employment, income, educational achievement, and social well being of
low-income families.
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B. PURPOSE 9F THE PLAN [24 CFR 982.543
The purpose of the Administrative Plan is to establish policies for carrying out
the programs in a manner consistent with HUD requirements and local
objectives. The Plan covers both admission and continued participation in
these programs. Policies are the same for all related programs unless
otherwise noted.
The HA is responsible for complying with all changes in HUD regulations
pertaining to these programs. If such changes conflict with this Plan, HUD
regulations will have precedence. The Board of Commissioners of the
agency must approve the original Plan and any changes with a copy provided
to HUD.
C. LOCAL 087ECTIVES [24 CFR 982.10]
The Section 8 Housing Choice Voucher Program is designed to achieve three
major objectives.
1.. To provide decent, safe, and sanitary housing for very low-income
families while maintaining the rent payments at an affordable level.
2. To provide an incentive to private property owners to rent to very low-
income families by offering timely assistance payments.
3. To promote freedom of housing choice and spatial deconcentration of
very low income families of all races and ethnic backgrounds.
In addition, the HA has the following goals for the program:
1. To assist the local economy by increasing the occupancy rate and the
amount of funding flowing to the community,
2. To continue to provide rental options in a community where very few
exist.
. To encourage self-sufficiency of participants.
D. ADMINISTRATIVE FEE RESERVE [24 CFR 982.54(D) (22)]
All expenditures from the administrative fee reserve will be approved by the
Executive Director or his/her designee in accordance with the fiscal budget
approved by the Board of Commissioners.
E. RANGE OF PROGRAMS
The Housing Authority's aim is to administer the Section 8 Housing Choice
Voucher Program to permit the widest range of housing opportunities for
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low-income Contra Costa County residents. To help meet this goal, the
Housing Authority has sub-programs that target special populations and
neighborhood revitalization efforts. A description of these programs is
provided below.
The Housing Authority of the County of Contra Costa does not discriminate
based on race, color, religion, national origin, sex (including sexual
harassment), handicap, or age, in any of its policies, procedures, or
practices, This nondiscrimination policy covers admission and access to, or
treatment or employment in, all Housing Authority programs and activities.
The Family Self Sufficiency Program
The Family Self Sufficiency (FSS) Program marries housing and social
services to enable families to pursue employment, job training, or other
education that will lead them toward self-sufficiency. The ultimate goal is to
free families from public assistance after five years. A Family Self
Sufficiency Action Plan has also been adopted by the agency and forwarded
to HUD. A copy is attached.
Family Unification Program
The Housing Authority has a special program of Section 8 assistance to keep
families together when their children are in danger of being placed in foster
care because of their lack of suitable housing. The program enables families
to unite with children who have already been placed in foster care for the
same reason. The County's Employment and Human Services Department
refers families to the Housing Authority under this program. The Assistant
Director for Rental Assistance oversees the implementation of this program
and acts as the agency's liaison to the Employment and Human Services
Department.
Moderate Rehabilitation Program
This program has provided project-based subsidized rental assistance to
eligible tenants. The subsidized assistance is for a time negotiated by the
property owners in a contract with HUD administered by the Housing
Authority. As these contracts expire, residents are eligible to convert their
project-based assistance to tenant-based Section 8 vouchers, as funding is
made available.
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Rental Rehabilitation Program
The Rental Rehabilitation Program gives loans to Owners of affordable rental
properties that need physical improvement. For units with no tenants in
place, the Housing Authority puts the renovated unit on the rental referral
list for voucher holders who are searching for a unit. The owner selects the
tenant of his choosing. All other Section 8 policies and procedures apply.
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Shared Housing
The HACCC operates a Shared Housing Program that allows Section 8
recipients to share an apartment or a house with another Section 8 recipient
or a housemate who is not receiving assistance. The program is available to
any Section 8 recipient. The owner of a shared housing unit may reside in
the unit. A resident owner may enter into a HAP contract with the FIX",
However, housing assistance may not be paid on behalf of an owner. An
assisted person may not be related by blood or marriage to a resident
owner. (CFR 982.615)
Section 8 Home Ownership
On September 12, 2000, HUD issued its final rule to permit the use of
Section 8 Vouchers assistance for home ownership purposes. Under the new
regulations, HAs may decide to allow Section 8 Voucher holders to use
Federal assistance to purchase a single family home, manufactured home,
condominium or interest in a cooperative. HUD also affords HAs a large
amount of discretion to design its own programs to meet local needs.
HACCC will be looking into this program in the near future.
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Shelter Plus Care Program
This program provides rental assistance and a full range of services to
homeless individuals who are mentally ill, have chronic alcohol or drug abuse
problems, or have AIDS or related disorders. The program is supported by a
broad base of community service providers and the County Health
Department.
F. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)]
It is the policy of the Housing Authority of the County of Contra Costa to
comply fully with all Federal, State and local nondiscrimination laws and with
the rules and regulations governing l=air Housing and Equal Opportunity in
housing and employment.
Specifically, it is the policy of the Housing Authority to comply with Title VI of
the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968 (as
amended by the Community Development Act of 1974 and the Pair Housing
Amendments Act of 1988), Executive Order 11063, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title II of the
Americans With Disabilities Act and any legislation protecting the individual
rights of Section 8 recipient, applicants or staff which may be subsequently
be enacted.
Nondiscrimination Policy - Discrimination Is Prohibited
The HACCC shall not discriminate because of race, color, sex, religion,
familial status, disability, handicap or national origin in awarding rental
assistance covered by a contract for annual contributions under the United
States Housing Act of 1937, as amended. (Regulatory Reference:
[24 CFR § 100.5]. Persons with questions or complaints regarding possible
discrimination by either Housing Authority staff or private landlords shall be
provided with the toll-free number for HUD's Pair Housing Information
hotline as well as the contact information for Contra Costa County's Pair
Housing Compliance Officer.
Specific Actions Prohibited
The Housing Authority employees and representatives shall, not because of
race, color, sex, religion, disability, handicap, national origin or familial
status;
+► Deny to any family the opportunity to apply for housing assistance, nor
deny to any qualified applicant the opportunity to seek to lease
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housing suitable to its needs;
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• Provide housing assistance which is different from that provided
others;
• Subject a person to segregation is disparate treatment;
• Deny a person the opportunity to participate in a planning or advisory
group that is an integral part of rental housing programs.
Discrimination Against Groups Prohibited.
HACCC shall not automatically deny assistance to a particular group or
category of otherwise eligible applicants (e.g., families with children born to
unmarried parents, single men, or families whose head or spouse is a
student). Each applicant in a particular group or category must be treated
on an individual basis in the normal processing routine.
Duty to Eliminate Barriers to Equal Housing Opportunity
HACCC must identify and eliminate situations or procedures that create
barriers to equal housing opportunity for all. In accordance with Section 504
of the Rehabilitation Act of 1973, housing providers must make physical or
procedural changes to permit people with disabilities to take full advantage
of the Section 8 Rental Assistance program. (Legal Reference: Rochester
Housing Authority v. Cason,748 F. Supp. 1002 (W.D.N.Y. 1990) hereafter
cited as `"Rochester").
Section 504 Grievance Procedure
The Housing Authority of the County of Contra Costa has adopted herein a
grievance procedure to provide prompt and equitable resolution of
complaints alleging any action prohibited by HUD regulations implementing
Section 504 of the Rehabilitation Act of 1973, as amended. The grievance
procedure is included in the procedure section of this Administrative Plan.
Political and/or Personal Favoritism Prohibited
HACCC must not permit policies to be subverted to do personal or political
favors. Accepting an applicant from a lower waiting list position before one
in a higher position, except as specifically set forth in these adopted policies,
violates HACCC policy, federal law, and the rights of other families on the
waiting list.
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Accessibility of Facilities and Programs
Facilities and programs used by participants shall be made fully accessible,
Application and management offices, hearing rooms, community centers,
and so on must be available for use by residents with a full range of
disabilities.
Accessible Documents
Documents intended for use by applicants and participants shall be
presented in full accessible formats for those with vision or hearing
impairments upon request. Materials will be written simply and clearly to
enable applicants with learning or cognitive disabilities to understand as
much as possible.
Plain Language Goals
Some program concepts are complicated. In recognition of this, staff shall
offer examples to help applicants and participants understand how the
program works. In writing materials to be used by applicants and residents,
staff shall keep in mind that mental retardation, learning disabilities and
cognitive disabilities may affect the applicants' ability to read or understand.
Staff shall recognize that rules and benefits may have to be explained
verbally - perhaps more than once - and must explain them repeatedly as
needed.
Availability of Alternative Communication
At the point of initial contact, HACCC staff must ask all applicants whether they need
some form of communication other than plain language paperwork. Alternatives
include sign language interpretation, oral explanations either in person or by phone,
large type materials, information on tape, etc. Applicants and participants in need of
alternative communication shall be encouraged to have someone (friend, relative, or
advocate) accompany them to HACCC to receive and explain housing materials.
Reading
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Because some applicants will not be able to read (or to read English), intake
staff must be prepared to read and explain anything that they would
normally give to an applicant to read or fill out. Applicants who read or
understand little English may furnish an interpreter. If there is a person on
Housing Authority staff who is competent to translate for the applicant or
participant, every effort will be made to obtain her/his help. Housing
Operations will distribute periodically a list of staff with language abilities
other than English, and of area agencies that provide translating assistance.
Types of Information to be Accessible
At a minimum, the following information shall be in plain language accessible
formats:
• Marketing and informational materials
• Information about the application process
• The application form
• All form letters, notices, etc. to applicant and residents
• General statement about reasonable accommodation
• orientation materials for new recipients
• The lease
• Guidance or instructions about care of a housing unit
• Information about opening, updating or closing the waiting list
• Information related to applicant rights (to hearings, etc.)
Informing Owners of Nondiscrimination Requirements.
Owners renting to program participants or interested in renting to program
participants will be informed of Fair Housing and Equal Housing opportunity
requirements described above as part of the information provided in the
Owners' packet.
G. SERVICE POLICY /ACCOMMODATIONS
[24 CFR 700.24(c )(3)]
This policy is applicable to all situations described in this Administrative plan
when a family initiates contact with the HA, when the HA initiates contact
with a family including when a family applies, and when the HA schedules or-
reschedules
rreschedules appointments of any kind.
It is the policy of this HA to be service-directed in the administration
of our housing programs, and to exercise and demonstrate a high
level of professionalism while providing housing services to the
famH'ies within our jurisdiction.
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The HA's policies and practices will be designed to provide assurances that
all persons with disabilities will be provided reasonable accommodation so
that they may fully access and utilize the housing program and related
services. The availability of specific accommodations will be made known by
including notices on HA forms and letters to all families, and all requests will
be verified so that the HA can properly accommodate the need presented by
the disability. The list of available units published weekly by Housing
Operations will include known accessible units.
Requests for reasonable accommodation from persons with disabilities will be
granted upon verification that they meet the need presented by the
disability. Requests for accommodation or modification will be verified with a
reliable, knowledgeable professional.
Reasonable accommodation will be made for persons with a disability who
require an advocate or accessible offices. A designee will be allowed to
provide some information, but only with the permission of the person with
the disability.
The HA's facilities are accessible to persons with disabilities. Accessibility for
the hearing impaired is provided by the TTD/TDY telephone number throug1h,
the Centrai Waiting List office at (510) 671-0442.
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H. PROGRAM OUTREACH ANIS DEVELOPMENT
Public Notice to Families.
When advertising the waiting lists to be open or closed, the Housing
Authority will inform the public through publication in a newspaper of general
circulation, minority media, and other suitable means, of the availability and
nature of housing assistance for low-income families (including assistance
with respect to the units already occupied by the families). The HA will also
distribute fact sheets to the broadcasting media, and initiate personal
contacts with members of the news media and community service personnel.
The HA will also utilize public service announcements. The notices will
include statements in languages other than English, as needed. The notices
will inform potential participants of the locations to apply for Section 8 Rental
Assistance.
Affirmative Action
The Housing Authority will take affirmative steps to provide opportunities to
persons who, because of such factors as race, ethnicity, sex of head of
household, age or source of income are less likely to apply for Section 8
Assistance.
Form and Contents of Nonce The notice issued by the Housing Authority
publicizing the availability of assistance will be made in accordance with HUD
guidelines for fair housing, which requires the use of the equal housing
opportunity logotype, statement, and slogan. The notice will contain the
following:
• A brief description of the program, including the possibility that
families may receive assistance in the units they currently occupy, and
application locations.
• Public Invitation to Owners. The Housing Authority of the County of
Contra Costa will invite Owners to participate in the Section 8 Housing
Choice Voucher Program through media advertisements and
community outreach (Regulatory Reference: 24 C.F.R. 982.54(d)(5).
Owners who inquire about the program receive an HACCC information
booklet describing the program, Housing Operations Department staff
responds to questions from interested owners. In addition, the
Authority's publishes a weekly rental referral list for owners to
advertise their properties available for rent to program participants.
• The Housing Authority will periodically outreach to community areas in
order to expand housing opportunities by encouraging participation by
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owners of units located outside of poverty or minority concentrations.
Actions will include listings, marketing packets, maps, resources,
amenity locations, etc. Areas targeted will be any census tract pattern
that has fewer than 3.4% households below poverty or less than 12%
minority according to the latest census.
Advertising
The Housing Authority invites Owners to rent to program participants
through publication in a newspaper of general circulation, as well as through
minority media, special needs advocacy organizations and other suitable
means. In doing so, the Housing authority encourages the participation of
Owners of units in areas other than low-income or minority concentrated
areas. It is HACCC policy to comply with HUD advertising guidelines
requiring the use of equal housing opportunity logotype, statement, and
slogan. [Regulatory Reference: [24 CFR 208(a)]
Networking
In order to increase housing opportunities for Section 8 participants, the
Housing Authority Unit Inspectors and Housing Operations Department
personnel conduct periodic meetings with participating owners to improve
owner relations and to recruit new owners [24 CFR 982.54(d)(5)].
Housing Operations staff also endeavors to:
• Develop working relationships with local Owners and real estate
brokers` organizations;
• Establish contacts with civic, charitable, governmental or neighborhood
organizations interested in housing for low-income, special needs and
displaced families;
• Explain the program, including equal opportunity requirements to real
estate, landlord, and other groups that deal with or are interested in
housing low-income families;
• Apply aggressive outreach efforts to community-based racial advocacy
organizations.
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I. PRIVACY RIGHTS/ CONFIDENTIALITY POLICY
[24 CPR 982.5511
Applicants and participants, inciuding all adults in their households, are
required to sign the HUD 9886 Authorization for Release of Information.
This document incorporates the Federal Privacy Act Statement and describes
the conditions under which HUD will release family information.
HUD is required to protect the income information it obtains in accordance
with the Privacy Act of 1974, U.S.C. 552a. HUD may disclose information
(ether than tax return information) for certain routine uses, such as to other
government agencies for law enforcement purposes, to Federal agencies for
employment suitability purposes and to HAs for the purpose of determining
housing assistance. The HA is also required to protect the income
information it obtains in accordance with any applicable State privacy law.
HUD and HA employees may be subject to penalties for unauthorized
disclosures or improper uses of the income information that is obtained
based on the consent form. Private owners may not request or receive,
information authorized by this form.
The HA's policy regarding release of information is in accordance with State
and local laws which may restrict the release of family information. Any and
all information which would lead one to determine the nature and/or severity
of a person's disability must be placed in a separate folder, marked
"Confidential" and kept in the file. The personal information in this folder
must not be released except on an "as needed" basis in cases where an
accommodation is under consideration. All requests for access and granting
of accommodations based on this information must be approved by the
Director of Housing Assistance Programs.
In accordance with HUD requirements, the HA will furnish prospective
owners with the family's current address as shown in the HA's records and, if
known to the HA, the name and address of the landlord at the family's
current and prior address. The HA will furnish prospective owners with
information about the family's rental history or any history of drug
trafficking. A statement of the HA's policy on release of information to
prospective landlords will be included in the briefing packet which is provided
to the family and provided to owners upon receipt of a request for lease
approval.
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The HA's practices and procedures are designed to safeguard the privacy of
applicants and program participants. All applicant and participant files will
be stored in a secure location only accessible by authorized staff. Files being
transported will be moved in closed envelopes or otherwise handled
appropriately. Files will never be left unattended or placed in common
areas. HA staff will not discuss family information contained in files unless
there is a business reason to do so. Inappropriate discussion of family
information or improper disclosure of family information by staff may result
in disciplinary action.
3. EQUAL EMPLOYMENT OPPORTUNM
The HA practices affirmative action in hiring, promotion and conditions of
employment. Position vacancies are filled through recruitment among ethnic
groups so that the composition and culture of the staff reflect the
composition and culture of the community, to the extent possible. All HA job
postings will display the affirmative action/equal employment opportunity
logo and slogan prominently.
K. RULES AND REGULATIONS
This Administrative Plan is set forth to define the HA's local policies for
operation of the housing programs in the context of Federal laws and
Regulations. All issues related to Section 8 not addressed in this document
are governed by such Federal regulations, the HACCC Section 8 Manual, HUD
Memos, Notices and guidelines, or other applicable law. In addition,
guidelines are provided through HACCC policy and procedure memoranda,
L. JURISDICTION
The jurisdiction of the HA includes the County of Contra Costa, excluding the
cities of Richmond and Pittsburg.
M. MONITORING PROGRAM PERFORMANCE
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The Deputy Executive Director for Housing Operations will oversee the work
of the Housing Managers to insure consistency with outreach goals and
compliance with the Equal Opportunity Housing Plan for low income and very
low-income applicants. Housing market surveys will be done to prepare
documentation for any requests for adjustments for fair market rents that
might be necessary. As problems and discrepancies arise, Housing
Management staff will be instructed to try to resolve them. In addition, an
Auditor or Senior Manager will periodically review program operations and
perform on-site field audits according to the HACCC's Internal Audit Policy.
All records and reports will be kept and prepared in accordance with the HUD
Regulations and Guidelines and the agency's policies and procedures.
N. TERMINOLOGY
The Housing Authority of the County of Contra Costa is referred to as "HA"
or "Housing Authority.' or "HACCC" throughout this document.
"Family" is used interchangeably with "Applicant" or "Participant"' and can
refer to a single person family.
.`Tenant" is used to refer to participants in terms of their relation to
landlords.
"Landlord" and "Owner" are used interchangeably.
"Disability" is used where "handicap" was formerly used.
"'New Rule" refers to the HUD Occupancy Regulations effective 10/2/95
which were implemented in the County of Contra Costa January 1, 1996.
"Old Rule" refers to the Regulations that preceded that date.
"Noncitizens Rule" refers to the regulation effective June 19, 1995 restricting
assistance to U.S. citizens and eligible immigrants.
The Section 8 Housing Choice Voucher Program is also known as the Housing
Choice Voucher program.
"HSS" means the Housing Quality Standards required by regulations as
enhanced by the HA.
"Failure to Provide" refers to all requirements in the first Family Obligation.
See Chapter 15, "Denial or Termination of Assistance" See Glossary for
other terminology.
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"Continuously Assisted" means an applicant is continuously assisted under
the 1937 Housing Act if the family.is already receiving assistance under any
1937 Housing Act program when the family is admitted to the certificate or
voucher program.
See Glossary for additional definitions.
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Chapter 2
ELIGIBILITY FOR ADMISSION
[24 CFR Part S, Subparts B, D & E; Part 982, Subpart E]
INTRODUCTION
This Chapter defines both HUD and the HA"s criteria for admission and denial
of admission to the program. The policy of this HA is to strive for objectivity
and consistency in applying these criteria to evaluate the eligibility of
families who apply. The HA staff will review all information provided by the
family carefully and without regard to factors other than those defined in this
Chapter. Families will be provided the opportunity to explain their
circumstances, to furnish additional information if needed, and to receive an
explanation of the basis for any decision made by the HA pertaining to their
eligibility.
A. ELIGIBILITY FACTORS [982.201(B)
To be eligible for participation, an applicant must meet HUD's criteria, as well
as any permissible additional criteria established by the HA.
The HUD eligibility criteria are;
• An applicant must be a "family"
• An applicant must be within the appropriate Income Limits
• An applicant must furnish Social Security Numbers for all family
members age six and older
• An applicant must furnish declaration of Citizenship or Eligible
Immigrant Status and verification where required
• At least one member of the applicant family must be either a
U.S. citizen or have eligible immigration status before the HA
may provide any financial assistance.
• An applicant cannot have been convicted of manufacturing or
producing methamphetamine on the premises of any assisted
housing
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An applicant cannot be subject to a state lifetime registration requirement
for sex offenses
Reasons for denial of admission are addressed in the "Denial or Termination
of Assistance" Chapter 15. These reasons for denial constitute additional
admission criteria.
The Family's initial eligibility for placement on the waiting list will be made in
accordance with the eligibility factors.
Evidence of Citizenship/Eligible Immigrant Status will not be verified until the
family is selected from the waiting list for final eligibility processing for
issuance of a Voucher, unless the HA determines that such eligibility is in
question, whether or not the family is at or near the top of the waiting list.
B. FAMILY COMPOSITION [24 CFR 82..201]
The applicant must qualify as a Family. A Family may be a single person or
a group of persons.
A "family„ includes a family with or without child or children. A group of
persons consisting of two or more elderly persons or disabled persons living
together, or one or more elderly or disabled persons living with one or more
live-in aides is a family. The HA determines if any other group of persons
qualifies as a "family"
A single person family may be;
An elderly person
A displaced person
A person with a disability
Individuals may not be considered disabled for eligibility
purposes solely on the basis of any drug or alcohol dependence..
Any other single person
A child who is temporarily away from home because of placement in foster
care is considered a member of the family. This provision only pertains to
the foster child's temporary absence from the home, and is not intended to
artificially enlarge the space available for other family members.
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A family also includes:
Two or more persons who intend to share residency whose income and
resources are available to meet the family's needs.
Two or more elderly or disabled persons living together, or one or
more elderly, near elderly or disabled persons living with one or more
live-in aides is a family.
Head of Household
The head of household is the adult member of the household who is
designated by the family as head, is wholly or partly responsible for paying
the rent, and has the legal capacity to eater into a lease under Mate/local
law. Emancipated minors who qualify under State law will be recognized as
head of household.
Spouse of Head
Spouse means the husband or wife of the head, or the person identified as
his/her domestic partner, regardless of marital status.
For proper application of the Non-citizens Rule, the definition of spouse is:
the marriage partner who, in order to dissolve the relationship would have to
be divorced. It includes the partner in a common law marriage. The term
"spouse" does not apply to boyfriends, girlfriends, significant others, or co-
heads.
Live-in attendants
A Family may include a live-in aide provided that such live-in aide:
Is determined by the HA to be essential to the care and well being of
an elderly person, a near-elderly person, or a person with disabilities,
Is not obligated for the support of the person(s), and
Would not be living in the unit except to provide care for the
person(s).
A live-in aide is treated differently than family members:
Income of the live-in aide will not be counted for purposes of
determining eligibility or level of benefits.
Live-in aides are not subject to Non-Citizen Rule requirements,
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Live-in aides may not be considered as a remaining member of the
tenant family.
Relatives are not automatically excluded from being live-in aides, but they
must meet all of the elements in the live-in aide definition described above.
A Live-in Aide may only reside in the unit with the approval of the HA.
Written verification will be required from a reliable, knowledgeable
professional, such as a doctor, social worker, or case worker. The
verification provider must certify that a live-in aide is needed for the care of
the family member who is elderly, near-elderly (50-61) or disabled,
[24 CFR 982,3163 At any time, the HA will refuse to approve a particular
person as a live-in aide or may withdraw such approval if:
The person commits fraud, bribery, or any other corrupt or criminal act
in connection with any federal housing program;
The person commits drug-related criminal activity or violent Criminal
activity; or
The person currently owes rent or other amounts to the HA or to
another HA in connection with Section 8 or public housing assistance
under the 1937 Act.
Split Households Prior to Voucher Issuance
When a family on the waiting list splits into two otherwise eligible families
due to divorce or legal separation, and the new families both claim the same
placement on the waiting list, and there is no court determination, the HA
will make the decision taking into consideration the following factors:
Which family member applied as head of household.
Which family unit retains the children or any disabled or elderly
members.
Restrictions that were in place at the time the family applied.
Role of domestic violence in the split.
Recommendations of social service agencies or qualified professionais
such as children's protective services.
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Documentation of these factors is the responsibility of the applicant families.
If either or both of the families do not provide the documentation, they may
be denied placement on the waiting list for failure to supply information
requested by the HA.
Multiple Families in the Name Household
When families apply which consist of two families living together, (such as a
mother and father, and a daughter with her own husband or children), if
they apply as a family unit, they will be treated as a family unit.
Joint Custody of Children
Children who are subject to a joint custody agreement but live with one
parent at least 51% of the time will be considered members of the
household. "51% of the time" is defined as 183 days of the year, which do
not have to run consecutively.
When both parents are on the Waiting List and both are trying to claim the
child, the parent whose address is listed in the school records will be allowed
to claim the school-age child as a dependent.
C. INCOME LIMITATIONS (24 CFR 982.201(b), 982.353]
To be eligible for assistance, an applicant must:
Have an Annual Income at the time of admission that does not exceed
the extremely low, very low-income limits for occupancy established by
HUD.
To be income eligible the family may be under the low-income limit in any of
the following categories: [24 CFR 982.201(b)]
A very low-income family.
A low-income family that is continuously assisted under the 1937
Housing Act. An applicant is continuously assisted if the family has
received assistance under any 1937 Housing Act program within 120
days of voucher issuance. Programs include any housing federally
assisted under the 1937 Housing Act.
A law-income family or moderate income family that is displaced as a
result of the prepayment of a mortgage or voluntary termination of a
mortgage insurance contract under 24 CFR 248.1.65.
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To determine if the family is income-eligible, the HA compares the Annual
Income of the family to the applicable income limit for the family's size.
Families whose Annual Income exceeds the income limit will be denied
admission and offered an administrative review.
Portability, For initial lease-up at admission, families who exercise portability
must be within the applicable income limit for the jurisdiction of the receiving
HA in which they want to live.
D. MANDATORY SOCIAL SECURITY NUMBERS
[24 CFR 5.216, 5.21.8]
Families are required to provide verification of Social Security Numbers for
all family members age 6 and older prior to admission, if they have been
issued a number by the Social Security Administration. This requirement
also applies to persons joining the family after admission to the program.
Failure to furnish verification of social security numbers is grounds for denial
or termination of assistance,
Persons who have not been issued a Social Security Number must sign a
certification that they have never been issued a Social Security Number.
Persons.who disclose their Social Security Number but cannot provide
verification must sign a certification and provide verification within 60 days.
Elderly persons must provide verification within 120 days.
E. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS
[24 GFR Part 5, Subpart E
In order to receive assistance, a family member must be a U.S. citizen or
eligible immigrant. Individuals who are neither, may elect not to contend
their status. Eligible immigrants are persons who are in one of the
immigrant categories as specified by HUD. For the Citizenship/Eligible
Immigration requirement, the status of each member of the family is
considered individually before the family's status is defined.
Mixed Families A family is eligible for assistance as long as at least one
member is a citizen or eligible immigrant, Families that include eligible and
ineligible individuals are called "mixed." Such applicant families will be given
notice that their assistance will be pro-rated and that they may request a
hearing if they contest this determination.
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All members ineligible Applicant families that include no eligible members
are ineligible for assistance. Such families will be denied admission and
offered an opportunity for a hearing.
Non-citizen students Defined by HUD in the non-citizen regulations, Not
eligible for assistance.
Appeals For this eligibility requirement only, the applicant is entitled to a
hearing exactly like those provided for participants.
Verification of Status Before Admission
The HA will not provide assistance to families-prior to the verification of
eligibility for the individual or at least one member of the family pursuant to
this section.
F. OTHER CRITERIA FOR ADMISSIONS [24 CFR 982.552(b)]
The HA will apply the following criteria, in addition to the HUD eligibility
criteria, as grounds for denial of admission to the program:
The family must not have violated any family obligation during a
previous participation in the Section 8 Housing Choice Voucher
Program for 3 years prior to final eligibility determination.
The HA may make an exception, if the family member who violated the
family obligation is not a current member of the household on the
application.
The family must pay any outstanding debt owed the HA or another HA
as a result of prior participation in any federal housing program within
10 days of HA notice to repay.
If any applicant deliberately misrepresents the information on which
eligibility or tenant rent is established, the HA may deny assistance
and may refer the family file/record to the proper authorities for
appropriate disposition. (See Program Integrity Addendum).
C. TENANT SCREENING [24 CFR 982.307)]
The HA will take into consideration any of the criteria for admission described
it the "Denial or Termination of Assistance" chapter,
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The HA will not screen family behavior or suitability for tenancy. The HA will,
not be liable or responsible to the owner or other persons for the family's
behavior or the family's conduct in tenancy.
The owner is responsible for screening and selection of the family to occupy
than owner's unit. At or before HA approval of the tenancy, the HA will inform
the owner that screening and selection for tenancy is the responsibility of the
owner.
The owner is responsible for screening families based on their tenancy
histories, including such factors as: "24 CFR 982-.307(a)(3)]
L
Payment of rent and utility bills
Caring for a unit and premises
Respecting the rights of other residents to the peaceful enjoyment of
their housing
Drug-related criminal activity or other criminal activity that is a threat
to the health, safety or property of others; and
Compliance with other essential conditions of tenancy.
The HA will advise families how to file a complaint if they have been
discriminated against by an owner. The HA will advise the family to make a.
-
Fair Housing complaint. The HA may also report the owner to HUD (Fair
Housing/Equal Opportunity) or the local Fair Housing Organization.
H. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE Of THE
CONTRACT
Changes that occur during the period between issuance of a voucher and
lease up may affect the family's eligibility or share of the rental payment.
For example, if a family income exceeds the income limit prior to lease up,
the applicants will not be eligible and will be notified in writing.
No further income changes will be processed after the RTA has beer..
submitted.
I. INELIGIBLE FAMILIES
Families who are determined to be ineligible will be notified in writing of the
reason for denial and given an opportunity to request an administrative
review, or an administrative hearing if they were denied due to non-citizen
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state. See "Complaints and Appeals" chapter for additional information
about reviews and hearings.
J. PROHIBITED ADMISSIONS CRITERIA [982.202(b)]
Admission to the program may not be based on where the family lives before
admission to the program.
Admission to the program may not be based on.
Discrimination because members of the family are unwed parents,
recipients of public assistance, or children born out of wedlock.
Discrimination because a family includes children.
Whether a family decides to participate in a family self sufficiency
program; or
Other reasons as listed in the "Statement of Policies and Objectives"
chapter under the Fair Housing and Reasonable Accommodations
sections.
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Chapter 3
APPLYING FOR ADMISSION
[24 CFR 982.204]
INTRODUCTION
The policy of the HA is to ensure that all families who express an interest in
housing assistance are given an equal opportunity to apply, and are treated
in a fair and consistent manner. This Chapter describes the policies and
procedures for completing an initial application for assistance, placement and
denial of placement on the waiting list, and limitations on who may apply.
The primary purpose of the intake function is to gather information about the
family, but the HA will also utilize this process to provide information to the
family so that an accurate and timely decision of eligibility can be made.
Applicants will be placed on the waiting list in accordance with this Plan.
A. OVERVIEW OF THE APPLICATION TAKING PROCESS
The purpose of application taking is to permit the HA to gather information
and determine placement on the waiting list. The application will contain
questions designed to obtain pertinent program information.
Families who wish to apply for any one of the HA's programs must complete
a written application form when application taking is open. Applications will,
be made available in an accessible format upon request from a person with a
disability.
When the waiting list is open, any family asking to be placed on the waiting
list for Section 8 Housing Choice Voucher Program will be given the
opportunity to complete an application.
The full application takes place when the family reaches the top of the
waiting list. At this time the HA ensures that verification of all HUD and HA
eligibility factors is current in order to determine the family's eligibility for
the issuance of a voucher.
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S. OPENING/CLOSING OF APPLICATION TAKING
[24 CFR 982.20£, 982.54(d)(1)]
The HA will utilize the following procedures for opening the waiting list.
When the HA opens the waiting list, the HA will advertise through public
notice in the following newspapers, minority publications and media entities,
location(s), and program(s) for which applications are being accepted:
Newspapers:
Contra Costa "Times
Peninsula Community News
Minority Publications and Media Entities such as:
El Observador
Vietnam daily News
Public Service Announcements on radio stations such as:
KLIV, KARA, KAZA, KFRC, KFOG, KLOK, KBRC
Local television stations such as:
Channel 2
Channel 4
Channel 5
Channel 7
Mailings to community organizations including organizations serving
populations of persons with disabilities.
Presentations to agencies and community organizations.
The notices will be made in an accessible format if requested, They will
provide potential applicants with information that includes the HA address
and telephone number, how to submit an application, and information on
eligibility requirements.
Upon request from a person with a disability, additional time will be given as
an accommodation for submission of an application after the closing
deadline. This accommodation is to allow persons with disabilities the
opportunity to submit an application in Cases when a social service
organization provides inaccurate or untimely information about the closing
date.
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If the waiting list is open, the HA will accept applications from eligible
families unless there is good cause for not accepting the application, such as
denial of assistance because of action or inaction by members of the family
for the grounds stated in the "Denial or Termination of Assistance" chapter of
this Administrative Plan, [24 CFR 982.206(b)(2)]
Closing the Waiting List
The HA may stop applications if there are enough applicants to fill
anticipated openings for the next 12 months, The waiting list may not be
closed if it would have a discriminatory effect inconsistent with applicable
civil rights laws.
The open period shall be long enough to achieve a waiting list adequate to
cover projected turnover and new allocations over the next 12 months,
When the period for accepting applications is over, the HA will add the new
applicants to the list by:
Separating the new applicants by date and time of application.
Who May Apply
When the waiting list is open:
Any family asking to be placed on the waiting list for Section 8 Housing
Choice Voucher Program will be given the opportunity to complete an
application.
When the application is submitted to the HA:
It establishes the family's date and time of application for placement
order on the waiting list.
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................... .........
C. "INITIAL" APPLICATION PROCEDURES [24 CFR 982.204(b))
The HA will utilize a pre-application form. The information is to be filled out
by the applicant whenever possible. To provide specific accommodation for
persons with disabilities, the information may be completed by a staff person
over the telephone. It may also be mailed to the applicant and, if requested,
it will be mailed in an accessible format.
The purpose of the pre-application is to permit the HA to preliminarily assess
family eligibility or ineligibility and to determine placement on the waiting
list.
Pre-applications will not require an interview. The information on the pre-
application will not be verified until the applicant has been selected for final
eligibility determination. Final eligibility will be determined when the full
application process is completed and all information is verified.
Applicants who fail to attend their scheduled appointment must request a
reschedule appointment within 10 days from the date of the first scheduled
appointment. The request to reschedule must be in writing and postmarked
within the stated period.
D. APPLICANT S'T'ATUS WHILE ON "WAITING LIST [CFR 982.204]
Applicants are required to inform the HA in writing of changes in address.
Applicants are also required to respond to requests from the HA to update
information on their application and to determine their interest in assistance.
If, after a review of the pre-application, the family is determined to be
preliminarily eligible, they will be notified in writing or in an accessible format
upon request, as a reasonable accommodation.
E. TIME OF SELECTION [24 CFR 982.204, 9.410]
When funding is available, families will be selected from the waiting list in
their determined sequence, regardless of family size, subject to income
targeting requirements.
When there is insufficient funding available for the family at the top of the
list, the HA will not admit any other applicant until funding is available for
the first applicant.
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F. COMPLETION OF A FULL APPLICATION
Applicants will be required to:
Complete a Personal Declaration Form prior to the full application
interview.
Participate in a full application interview with a HA representative
during which the applicant will be required to furnish complete and
accurate information verbally as requested by the interviewer. The HA
interviewer will complete the full application form with answers
supplied by the applicant. The applicant will sign and certify that all
information is complete and accurate.
The full application will be mailed or communicated as requested, as an
accommodation to a person with a disability.
Requirement to Attend Interview
The HA utilizes the full application interview to discuss the family's
circumstances in greater detail, to clarify information which has been
provided by the family, and to ensure that the information is complete. The
interview is also used as a vehicle to meet the informational needs of the
family by providing information about the application and verification
process, as well as to advise the family of other HA services or programs
that may be available.
All adult family members are required to attend the interview and sign the
housing application. Exceptions may be made for students attending school
out of state, or for members for whom attendance would be a hardship.
It is the applicant's responsibility to reschedule the interview if s/he misses
the appointment. If the applicant does not reschedule or misses two
scheduled meetings, the HA will cancel the application and withdraw theil,
name from the Wait List.
Applicants who fail to appear and call to reschedule a missed appointment-
must make the request to reschedule no later than 10 days from the original
appointment date. The request must be made to the staff person who
scheduled the appointment.
If an applicant fails to appear for a pre-scheduled appointment-, the HA will
automatically schedule a second appointment. If the applicant misses the
second appointment without prior approval, the application is cancelled and
withdrawn.
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Reasonable accommodation will be made for persons with a disability who
require an advocate or accessible offices. A designee will be allowed to
participate in the interview process, but only with permission of the person
with a disability.
If an application is denied die to failure of the applicant to attend the full
application interview, the applicant will be notified in writing and offered an
opportunity to request an administrative review. (See "Complaints and
Appeals" Chapter 18.
All adult members must sign the HUD Form 9886, Release of Information,
the application form and all supplemental forms required by the HA, the
declarations and consents related to citizenship/immigration status and any
other documents required by the HA, Applicants will be required to sign
specific verification forms for information which is not covered by the HUD
form 9886. Failure to do so will be cause for denial of the application for
failure to provide necessary certifications and release as required by the HA.
If the HA determines at or after the interview that additional information or
document(s) are needed, the HA will request the document(s) or information
in writing. The family will be given 10 days to supply the information.
If the information is not supplied in this time period, the HA will provide the
family a notification of denial for assistance. (See "Complaints and Appeals"
Chapter 18.
G. VERIFICATION [24 CFR 982.241(e)']
Information provided by the applicant will be verified, using the verification
procedures in the "Verification Procedures" chapter. Family composition,
income, allowances and deductions, assets, full-time student states,
eligibility and rent calculation factors, and other pertinent information will be
verified. Verifications may not be more than 60 days old at the time of
issuance of the Voucher.
H. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY
[24 CPR 982.201]
After the verification process is completed, the HA will make a final
determination of eligibility. This decision is based upon information provided
by the family, the verification completed by the HA, and the current eligibility
criteria in effect. If the family is determined to be eligible, the HA will mail a
notification of eligibility. A briefing will be scheduled for the issuance of a
voucher and the family's orientation to the housing program.
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Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING
THE WAITING LIST
[24CFR 982.54(d)(1)]
INTRODUCTION
It is the HA's objective to ensure that the families are placed in the proper
order on the waiting list so that an offer of assistance isnot delayed to any
family, or made to any family prematurely.
This chapter defines the eligibility criteria and explains the HA's application
system. By maintaining an accurate waiting list, the HA will be able to
perform the activities which ensure that an adequate pool of qualified
applicants will be available so that program funds are used in a timely
manner.
Special Admissions
It is the Housing Authority's policy to accept and process applications for the
Section 8 Housing Choice Voucher Program following applicable HUD
Handbooks and Regulations. When the Authority receives new increments of
Section 8 Vouchers, additional applications may be taken. Applications for
the special sub-programs may be filed in person at the Housing Authority
Offices.
System
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 HA places all Section 8 applicants on the same waiting list unless
special programs require otherwise. Applicants will be notified of
approximately 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 ir, a way that is consistent with the objectives of Title VI of the
Civil Rights Act of 1964 and HUD implementing regulations.
Opening the Waiting List
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 and Chapter 3 B. of this plan.
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A. ORGANIZATION OF WAITING LIST
1. The Housing Authority maintains information that permits it to
select participants from the waiting list in accordance with
admissions policies established in this Section 8 Administrative Plan.
The waiting list or special admissions must contain the following
information for each applicant listed;
2. Applicant name;
5. Family size (number of bedrooms the family qualifies for under the
HA's Occupancy Standards);
4. Qualification for a local preference;
. Racial or ethnic designation of the head of household; and
6. Date and time of application submittal.
The waiting list will be maintained in accordance with the following
guidelines:
1. The application will be a permanent file
2. All applicants in the pool will be maintained in order of date and
time of receipt of application.
3. All applicants must meet the "Low Income" eligibility
requirements as established by HUD and as outlined in Chapter
21 "Eligibility for Admission."
If HUD awards the Housing Authority program funding for a specific purpose
that is targeted to families living in specified units:
(1.) The Housing Authority must use the assistance for the
families living in such units without regard to whether or not the
family was on the wait list
(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 as permitted with the targetted funding
award.
The HA must beep records showing that the families that were assisted, with
HUD targeted funding are identified by codes in the automated system and
not maintained on separate lists.
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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; or
A family residing in a project covered by an expiring project-based
Section 8 contract at or near the end of the term.
B. ORDER OF SELECTION
The Section 8 Housing Choice Voucher Program waiting list applicants will, be
Selected by Lottery. All eligible entries will be entered into the lottery.
Based on family size, all lottery entrants have an equal chance of selection in
the lottery. Once selected for the waiting list, applicants are ranked by
preference. Ties, based on preference, will be broken using lottery position.
Preferences are given to applicants who are:
• An honorably discharged veteran or the surviving spouse of an
honorably discharged veteran or a current U.S. serviceman/woman
• Those who live in the HA's jurisdiction (excluding the cities of
Richmond or Pittsburg)
• Elderly
• Disabled
• Those who are not already subsidized.
C. PLACEMENT ON WAITING LIST [24 CFR 982.207)
When the waiting list is open, submittal of an application to the housing
authority does not guarantee placement on the waiting list. Any applicant
apparently ineligible will be denied placement and offered the opportunity
for an informal review. An applicant will not be placed on the waiting list if
any member of the family has been evicted from any federally assisted
housing during the past five years because of drug-related or violent
criminal activity, except as otherwise provided in this Administrative Plan.
Further, the regulations now permanently prohibit the provision of
housing assistance to any person convicted of manufacturing or producing
methamphetamine while on assisted housing, as well as to any person
subject to a state lifetime registration requirement for sex offenders.
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In determining whether to deny assistance based on drug-related or violent
criminal activity aside from the prohibitions listed above, the Housing
Authority will exercise its discretion. The HA may deny or terminate
assistance if evidence shows that a family member has engaged in such
activity whether or not the family member has been arrested or convicted,
The HA will consider all of the circumstances in each case including the
seriousness of the offense. In appropriate cases, the HA 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 successfui completion of a
treatment program as a condition of being allowed to reside in the assisted
unit. The Housing Authority will employ the considerations described in this
section as warranted by the factual situation.
If an applicant makes a false statement in order to qualify, the Housing
Authority will deny admission to the program for the family.
Types of Applicants With preference Over `"Other Singles"
Applicants who are disabled households (whether single or not), households
meeting the definition of "military veteran" and single persons displaced by
government action will be given a selection priority over all "Other Single"
applicants.
"Jther Singles" denotes a ane-person household in which the individual
member is neither disabled, a veteran, or displaced by government action,
Such applicants will be placed on the waiting list in accordance with their
local preferences.
D. PREFERENCE CATEGORIES [24 CFR 982.211.2131
The Housing Authority of the County of Contra Costa no longer uses a
federal preference point system. The Authority has chosen to assign each
family placement on the waiting list on a first-come, first-served basis within
the fallowing system of locally adopted rating and ranking preferences:
Mating preferences
Tier One (Significantly Weighted)
Victims of reprisals or hate crimes, or witnesses and victims needing
protection, referred by local law enforcement officials according to HA
written procedures will be granted assistance before other applicants,
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Victims of domestic violence who are referred by specific domestic
violence advocates according to HA written procedures will be granted
assistance before other applicants.
Families that include a terminally ill person (defined as a medically
diagnosed terminally ill patient according to HA written procedures)
will be granted admission before other applicants,
Tier Two
Veterans and their families, as defined in the attached Glossary, will be
granted admission before other applicants listed below.
Ranking Preference:
Residents of Contra Costa County (including other HA jurisdictions) will
always gain admission prior to residents of other counties and municipalities.
This definition includes those persons working or offered work within the
county (see attached Glossary for detailed definition).
Disabled and displaced single-person households will be granted admission before
other singles, regardless of residency,
E. SPECIAL ADMISSIONS [24 CFR 982.203, 982.54(4)(3)]
If HUD awards the HA program funding that is targeted for specifically
named families, the HA will admit these families under a Special Admission
procedure.
Referred families who meet the criteria below are immediately placed on the
waiting list and receive a Priority 1 preference over other applicants. In order
to participate in any Section 8 or other assisted housing program a referred
family must meet all applicable program eligibility requirements.
To accommodate residents of Public Housing units that are being
demolished, rehabilitated, or replaced, the HACCC may issue tenant-based
vouchers to accommodate displaces on either a short or a long term basis,
Such residents need not meet the initial eligibility requirements for income ire
the Section 8 Program so long as they meet the requirements for
"continually assisted housing." [See glossary, Definition of "Continuously
Assisted Family,"of this Administrative Plan.]
HUD defines special Admissions as program funding targeted for families
living in specified units. Housing Conversion Actions include preservation
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prepayment or voluntary termination actions, project-based opt-outs, HQS
Enforcement Actions and HUD Property Disposition Actions.
HUD identifies the following types of families as examples of special
admissions. This list is not ail-inclusive. HUD may define other families as
special admissions as circumstances require.
Special admissions families will be admitted outside of the regular waiting list
process. They are not required to be on the program waiting list. The HA
maintains separate records of these admissions.
The following are examples of types of program funding that may be
designated by HUD for families living in a specified unit:
1. A family displaced because of demolition or disposition of a public or
Iridian 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 an expiring project-based
Section 8 Housing Choice Voucher Program HAP contract; and
S. A non-purchasing family residing in a HOPE 2 or HOPE 2 project.
F. TARGETED FUNDING
When HUD awards special funding for certain family types, families who
qualify come from the regular waiting list in the same order. 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 may have the following "targeted" programs:
Family Unification
Designated Housing Allocation Mars -- Non-elderly disabled
on HUD Assisted P.H. Waiting List
Welfare to Work
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G. CONTINUING ELIGIBILITY WHILE ON WAITING LIST
[24CFR.982.210(c)(8"4)]
Change in Circumstances
Changes in an applicant's circumstances while on the waiting Fist may affect
the family's entitlement to assistance. Applicants are required to notify the
HA in writing according to this policy when their circumstances change.
Cross-Listing of Public Housing and Section 8 Housing Choice
Voucher Program
The HA will not merge the waiting lists for public housing and Section 8
Housing Choice Toucher Program. However, if the Section 8 Housing Choice
Toucher waiting list or portions thereof are 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 or portions thereof are open at
the time an applicant applies for Section 8 Housing Choice Toucher Program,
the HA must offer to place the family on the public housing waiting list.
H. ORDER OF SELECTION [24 CFR 982.20 (e), 982.210 (a)(b)]
The order of selection is based on date and time, except as noted herein and
except that disabled families and displaced singles will always be selected
before other singles.
Among Applicants with Equal Preference Status
The waiting list will be organized by date and time.
I. FINAL VERIFICATION [24 CFR. 982.210 (c) (3)(4)]
Information on applications will be updated as applicants are selected from
the waiting list. At that time, the HA will:
Obtain necessary verifications of preference at the interview and by
third party verification.
3. FALSE STATEMENTS [24 CFR 982.551]
If the applicant falsifies documents or makes false statements in order to
qualify, s/he will be removed from the Waiting List and denied admission.
An informal review may be requested in such cases.
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K. REMOVAL FROM WAITING LIST AND PURGING
[24 CFR 982.204 (C)l
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 s/he fails to
respond within 30 days the family 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 addressr the applicant will be removed without further
notice, and the envelope and letter will be maintained in the file to
the best of the HA's ability. If a letter is returned with a forwarding
address, it will be re-mailed to the address indicated and timeframes will
restart.
If an applicant is removed from the waiting list for failure to respond, s/he
will not be entitled to reinstatement unless by the instruction of the
Executive Director after consideration of any documented extenuating
circumstances.
The waiting list will be purged approximately twice per 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.
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Chapter S
SUBSIDY STANDARDS
[24 CFR 982.54(d)(9)]
INTRODUCTION
HUD guidelines require that HA's establish subsidy standards for the
determination of family unit size, and that such standards provide for a
minimum commitment of subsidy while avoiding overcrowding. The
standards used for the unit size selected by the family must be within the
minimum unit size requirements of HUD's Housing Quality Standards. This
Chapter explains the subsidy standards which will be used to determine the
voucher size (family unit size) for various sized families when they are
selected from the waiting list, as well as the HA's procedures when a family's
size changes, or a family selects a unit size that is different from the Voucher
Size.
A. DETERMINING FAMILY UNIT (VOUCHER) SIZE
[24 CFR 982.4012]
The HA does not determine who shares a bedroom/sleeping room, but there
must be at least one person per bedroom on the Voucher. The HA's subsidy
standards for determining voucher size shall be applied in a manner
consistent with Fair Housing guidelines.
For subsidy standards, an adult is a person 18 years or older.
All standards in this section relate to the number of bedrooms on the
Voucher, not the family's actual living arrangements.
The unit size on the Voucher remains the same as long as the family
composition remains the same, regardless of the actual unit size rented,
One bedroom will be generally be assigned for each two family members.
Generally, the HA assigns one bedroom to two people within the following
guidelines:
• Persons of different generations (such as grandparents), persons
of the opposite sex (other than spouses), and unrelated adults
should be allocated a separate bedroom.
• Separate bedrooms should be allocated for persons of the
opposite sex (other than adults who have a spousal relationship
and children under 10).
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• Foster children will be included in determining unit size.
• Live-in attendants will generally be provided a separate
bedroom. This will be approved based on funding availability.
No additional bedrooms are provided for the attendant's family.
Space may be provided for a child who is away at school but who
lives with the family during school recesses.
• Space will not be provided for a family member, other than a
spouse, who will be absent most of the time, such as a member
who is away in the military.
• Single person families shall be allocated one bedroom.
GUIDELINES fOR DETERMINING VOUCHER SIZE
Voucher Size Persons in Household
Minimum Number Maximum Number
0 Bedroom 1 1
1 Bedroom 1 2
2 Bedrooms 2 6
3 Bedrooms 3 8
4 Bedrooms 4 10
5 Bedrooms 6 12
6 Bedrooms 8 12
INCOMING PORTABILITY
The Housing Authority of the County of Contra Costa will only honor the
voucher size issued from the initial housing authority if the issuing HA agrees
to be billed for the portability contract. The initial housing authority prior to
portability must complete any requests for additional family members.
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B. EXCEPTIONS TO SUBSIDY STANDARDS
[24 CFR, 982=403(x) & (b)]
The HA shall grant exceptions from the subsidy standards if the family
requests and the HA determines the exceptions are justified by the
relationship, health or disability of family members, or other individual
circumstances.
The HA will grant an exception upon request as an accommodation for
persons with disabilities. Circumstances may dictate a larger size than the
subsidy standards permit when persons cannot share a bedroom because of
a need, such as a:
• Verified serious medical or health reason; or
• Elderly persons or persons with disabilities who may require a
live-in attendant.
Documentation verifying the need or justification will be required as
appropriate. Such items include, but are not limited to, documentation of
court awarded custody, social service verification stating additional family
member is receiving aid, doctor's verification, etc. (Refer to Chapter 7,
Verifications).
Request for Exceptions to Subsidy Standards
The family may request a larger sized voucher than indicated by the HA's
subsidy standards. Such request must be made in writing within 10 days of
the HA's determination of bedroom size. The request must explain the need
or justification for a larger bedroom. Documentation verifying the need or
justification will be required as appropriate,
Requests based on health-related reasons must be verified by a doctor,
medical professional, or social service professional.
If the HA errs in the bedroom size designation, the family will be issued a
Voucher of the appropriate size.
Changes for Applicants
The voucher size is determined prior to the briefing by comparing the family
composition to the HA subsidy standards. If an applicant requires a change
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in the voucher size, based on the requirements of the HA subsidy standards,
the above references guidelines will apply.
Changes for Participants
The members of the family residing in the unit must be approved by the HA.
The family must obtain approval of any additional family member before the
new member occupies the unit except for additions by birth, adoption, or
court-awarded custody, in which case the family must inform the HA within
10 days. The above referenced guidelines will apply.
Underhoused and Overhoused Families
If a unit does not meet HQS space standards due to an increase in family
size, (unit too small), the HA will issue a new voucher of the appropriate size
and assist the family in locating a suitable unit.
Pre-merger Certificate Families Only:
• If a pre-merger certificate family is occupying a unit which has
more bedrooms than allocated under the HA's subsidy standards,
and the gross rent exceeds the FMR/Exception Rent for the
family size under the HA's subsidy standards, the HA will issue
the family a new voucher, of the appropriate size, and assist the
family in finding a suitable unit.
• Pre-merger certificate families who are under-occupying a unit
as defined above will be issued a voucher and given a minimum
of sixty days to locate a new unit before assistance is
terminated.
In such cases the HA's voucher term extension policy will be
applicable.
The HA will also notify the family of the circumstances under which an
exception will be granted, such as:
If a family with a disability is underhoused in an accessible unit.
If a family requires the additional bedroom because of a health
problem which has been verified by the HA.
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C. UNI` SIZE SELECTED [24 CFR 982.4O2(c)]
The family may select a different size dwelling unit than that listed on
the Voucher. There are three criteria to consider.
Subsidy Limitation: The family unit size as determined for a family
under the HA subsidy standard for a family assisted in the voucher
program is based on the HA's adapted payment standards. The
payment standard for a family shall be the laver of:
• The payment standard amount for the family unit size; or
• The payment standard amount for the unit size rented by
the family.
Utility Allowance: The utility allowance used to calculate the gross rent
is based on the actual size of the unit the family selects, regardless of
the size authorized on the family's Voucher.
Housing Quality Standards: The standards allow two persons per
living/sleeping room and permit maximum occupancy levels (assuming
a living room is used as a living/sleeping area) as shown in the table
below. The levels may be exceeded if a room in addition to bedrooms
and living room is used for sleeping.
NCS GUIDELINES FOR UNIT SIZE SELECTED
Unit Size Maximum Number in
Household
0 Bedroom 1
Bedroom 4
2 Bedrooms 6
3 Bedrooms 8
4 Bedrooms 10
5 Bedrooms 12
6 Bedrooms 14
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Chapter 6
FACTORS RELATED TO TOTAL TENANT PAYMENT AND
FAMILY SHARE DETERMINATION
[24 CFR Part 5, Subparts E and F; 982-153, 982.551]
INTRODUCTION
The HA will use the methods as set forth in this Administrative Plan to verify
and determine that family income at admission and at annual reexamination
is correct. The accurate calculation of Annual Income and Adjusted Income
will ensure that families are not paying more or less money for rent than
their obligation under the Regulations.
This Chapter defines the allowable expenses and deductions to be subtracted
from Annual Income and how the presence or absence of household
members may affect the Total Tenant Payment (TTP). Income and 17P are
calculated in accordance with 24 CFR Part 5, Subparts E and F, and further
instructions set forth in HUD Notices and Memoranda. The formula for the
calculation of TTP is specific and not subject to interpretation, The MIA's
policies in this Chapter address those areas that allow the HA discretion to
define terms and to develop standards in order to assure consistent
application of the various factors that relate to the determination of TTP,
A. INCOME AND ALLOWANCES [24 CFR 5.609]
Income: Includes all monetary amounts that are received on behalf of the
family, For purposes of calculating the Total Tenant Payment, HUD defines
what is to be calculated and what is to be excluded in the federal,
regulations. In accordance with this definition, all income that is not
specifically excluded in the regulations is counted.
Annual Income is defined as the gross amount of income anticipated to be
received by the family during the 12 months after certification or
recertification. Gross income is the amount of income prior to any HUD
allowable expenses or deductions, and does not include income that has
been excluded by HUD. Annual income is used to determine whether or not
applicants are within the applicable income limits.
Adjusted Income is defined as the Annual income minus any HUD allowable
expenses and deductions.
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HUD has five allowable deductions from Annual Income:
1. Dependent Allowance; $480 each for family members (tither
than the head or spouse) who are minors, and for family
members who are 1.8 and alder 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 fallowing HUD hardship criteria:
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• 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:
Loss of employment
Death in the family
Other circumstances as determined by the HA or HUD
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 300/c, of monthly adjusted income, 109/b 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. Ali requests for minimurr rent
hardship exceptions are required to be in writing.
"Suspension" means that the HA must not use the minimum rent calculation
until, the HA has 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.
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:
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• Covered by statute
• Temporary or longterm
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.
`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).
Lang!-Term Duration Hardships 124 CFR 5.516(c)(3)]
If the HA determines that there is a qualifying lona-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.
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C. DEFINITION OF TEMPORARILY/PERMANENTLY ABSENT
[24 CFR 982.54(d)(10)r 982.551]
The HA must compute all applicable income of every family member who is
on the lease, including those who are temporarily absent. In addition, the
HA must count the income of the spouse or the head of the household if that
person is temporarily absent, even if that person is not on the lease.
It is the responsibility of the head of household or any other adult member
of any family, to report changes in family composition. The HA will evaluate
absences from the unit using this policy. Families must notify the HA in
writing of absences in the unit of more than 30 consecutive days,
"Temporarily absent" is defined as away from the unit for more than
60 days.
Income of persons permanently absent will not be counted. If the spouse is
temporarily absent and in the military, all military pay and allowances
(except hazardous duty pay when exposed to hostile fire and any other
exceptions to military pay HUD may define) is counted as income.
It is the responsibility of the head of household to report changes in family
composition, The HA will evaluate absences from the unit using this policy.
Absence of Any Member
Any member of the household will be considered permanently absent if s/he
is away from the unit for 90 days except as otherwise provided in this
Chapter.
Absence due to Medical Reasons
If any family member leaves the household to enter a facility such as
hospital, nursing home, or rehabilitation center, the HA will seek advice from
a reliable qualified source as to the likelihood and timing of their return. If
the verification indicates that the family member will be permanently
confined to a nursing home, the family member will be considered
permanently absent. If the verification indicates that the family member will
return in less than 180 consecutive days, the family member will not be
considered permanently absent.
If the person who is determined to be permanently absent is the sole
member of the household, assistance will be terminated in accordance with
the HA's "Absence of Entire Family" policy,
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Absence Due to Full-time Student Status
Full time students who attend school away from the home will be treated in
the following manner:
A student (other than head of household or spouse) who attends
school away from home but lives with the family during school
recesses may, at the family's choice, be considered either temporarily
or permanently absent.
In the student is considered temporarily absent, the student will still
be required to provide verification of income and full time student
status.
If the family decides that the member is permanently absent, income
of that member will not be included in total household income, the
member will not be included on the lease, and the member will not be
included for determination of Voucher size.
Absence due to Incarceration
If the sole member is incarcerated for more than 60 consecutive days, s/he
will be considered permanently absent. Any member of the household, other
than the sole member, will be considered permanently absent if s/he is
incarcerated for 90 days.
The HA will determine if the reason for incarceration is for drug-related or
violent criminal activity and may proceed to terminate housing assistance.
The family will be required to obtain documentation from law enforcement or
an authorized member of the court, stating the reason for incarceration and
provide such documentation to the HA for review.
Absence of Children due to Placement in Foster Care
If the family includes a child or children temporarily absent from the home
due to placement in foster care, the HA will determine from the appropriate
agency when the child/children will be returned to the home.
If the time period is to be greater than 6 months from the date of removal of
the child/ren, the Voucher size will be reduced. If all children are removed
from the home permanently, the voucher size will be reduced in accordance
with the HA`s subsidy standards, at the next scheduled annual recertification.
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Absence of Entire family
These policy guidelines address situations when the family is absent from the
unit, but has not moved out of the unit, In cases where the family has
moved out of the unit, the HA will terminate assistance in accordance with
appropriate termination procedures contained in this Plan.
Families are required both to notify the HA before they move out of_a unit,
and to give the HA information about any family absence from the unit.
Families must notify the HA if they are going to be absent from the unit for
more than 30 consecutive days. If the entire family is absent from the
assisted unit for more than 60 consecutive days, the unit will be considered
to be vacated and the assistance will be terminated.
If it is determined that the family is absent from the unit, the HA will not
continue assistance payments.
HUD regulations require the HA to terminate assistance if the entire family is
absent from the unit for a period of more than 180 consecutive calendar days
from the date the HA initially determined the family to be permanently
absent from the unit.
If the absence which resulted in the termination of assistance was due to the
person's disability, and the HA can verify that the person was unable to notify
the HA in accordance with the family's responsibilities, and if funding is
available, the HA may reinstate the family as an accommodation, if requested
by the family, as long as the period was within 180 days from the date the
HA initially determined the family to be permanently absent from the unit.
"Absence" means that no family member is residing in the unit.
In order to determine if the family is absent from the unit, the HA may:
• Write letters to the family at the unit
• Telephone the family at the unit
• Interview neighbors
• Verify if utilities are in service
• Check with the post office
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A person with a disability may request an extension of time as an
accommodation, provided that the extension does not go beyond the HUD-
allowed 180 consecutive calendar nays limit.
If the absence which resulted in termination of assistance was due to a
person's disability, and the HA can verify that the person was unable to notify
the HA in accordance with the family's responsibilities, and if funding is
available, the HA may reinstate the family as an accommodation if requested
by the family, as long as the period was within 180 days.
Caretaker for Children
If neither parent remains in the household and the appropriate agency has
determined that another adult is to be brought into the assisted unit to care
for the children for an indefinite period, the HA will treat that adult as a
visitor for the first 30 days.
If by the end of that period, court-awarded custody or legal guardianship has
been awarded to the caretaker, the Voucher will be transferred to the
caretaker.
If the appropriate agency cannot confirm the guardianship status of the
caretaker, the HA will review the status at 60 day intervals. The HA will
transfer the voucher to the caretaker in the absence of a court order, if the
caretaker has been in the unit for more than 60 days and it is reasonable to
expect that custody will be granted. Prior to approval of the caretaker, the
HA will conduct a screening of the caretaker for suitability.
If custody or legal guardianship has not been awarded by the court, but the
action is in process, the HA will secure verification from social services staff
or the attorney as to the status.
If custody is awarded for a limited time in excess of stated period, the HA will
state in writing that the transfer of the Voucher is for that limited time or as
long as they have custody of the children. The HA will use discretion as
deemed appropriate in determining any further assignation of the Voucher on
behalf of the children.
The HA will transfer the voucher to the caretaker, in the absence of a court
order, if the caretaker has been in the unit for more than; 180 days and it is
reasonable to expect that custody will be granted.
When the HA approves a person to reside in the unit as caretaker for the
child/ren, the income should be counted pending a final disposition. The HA
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will work with the appropriate service agencies and the landlord to provide a
smooth transition in these cases.
If a member of the household is subject to a court order that restricts
him/her from the home for more than 90 days, the person will be considered
permanently absent.
Visitors
Any adult not included on the HUD 50058, or approved in writing by the HA,
who has resided in the unit more than 30 consecutive days without HA
approval, or a total of 30 days in a 6-month period, will be considered to be
living in the unit as an unauthorized household member.
Absence of evidence of any other address will be considered verification that
the visitor is a member of the household.
Statements from neighbors and/or the landlord will be considered in making
the determination,
Use of the unit address as the visitor's current residence for any purpose that
is not explicitly temporary shall be construed as permanent residence.
The burden of proof that the individual is a visitor rests on the family, In the
absence of such proof, the individual will be considered an unauthorized
member of the household and the HA will terminate assistance since prior
approval was not requested for the addition.
In a joint custody arrangement, if the minor is in the household less than 1-82
days per year, the minor will be considered to be an eligible visitor and not a
family member.
Reporting Additions to Owner and HA
Reporting changes in household composition to the HA is both a HUD and a
HA requirement.
The family obligations require the family to request HA approval to add any
other family member as an occupant of the unit and to inform the HA of the
birth, adoption or court-awarded custody of a child, The family must request
prior approval of additional household members in writing.
If the family does not obtain prior written approval from the HA, any person
the family has permitted to move in will be considered an unauthorized
household member. Families are required to report any additions to the
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household in writing to the HA within 10 days of the move-in date. An
interim reexamination will be conducted for any additions to the household.
In addition, the lease may require the family to obtain prior written approval
from the owner when there are changes in family composition other than
birth, adoption or court awarded custody.
1. The family must submit their request in writing along with written
approval from the owner toad the additional family member(s) prior
to review/approval from the HA.
2. Household Members. other than household members who were
approved with the participant's initial application, or the birth,
adoption, or court awarded custody of a child, any request to add
individuals to the subsidy must be approved by the Housing
Manager.
3. In order to add persons to their household, the participant must be
in good standing in the program, and the person(s) must be related
by blood, marriage, or operation of law, or be able to substantiate a
stable relationship that has existed for at lease six months.
Reporting Absences to the HA
Reporting changes in household composition is both a HUD and a HA
requirement.
If a family member leaves the household, the family must report this change
to the HA, in writing, within 10 days of the change and certify as to whether
the member is temporarily absent or permanently absent.
The HA will conduct an interim evaluation for changes which affect the Total
Tenant Payment in accordance with the interim policy.
D. AVERAGING INCOME
When Annual Income cannot be anticipated for a full twelve months, the HA
may:
• Average known sources of income that vary to compute an
annual income, or
• Annualize current income and conduct an interim reexamination if
income changes.
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If there are bonuses or overtime which the employer cannot anticipate for
the next twelve months, bonuses and overtime received the previous year
will be used.
If, by averaging, an estimate can be made for those families whose income
fluctuates from month to month, this estimate will be used so as to reduce
the number of interim adjustments.
The method used depends on the regularity, source and type of income,
E. MINIMUM INCOME
There is no minimum income requirement.
F. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING
HOME [24 CFR 352.54(d)(10))
If a family member is permanently confined to a hospital or nursing home
and there is a family member left in the household, the HA will calculate the
income by using the following methodology and use the income figure which
would result in a lower payment by the family:
Exclude the income of the person permanently confined to the
nursing home and give the family no deductions for medical
expenses of the confined family member.
G. REGULAR CONTRIBUTIONS AND GIFTS [24 CFR 5.609)
Regular contributions and gifts received from persons outside the household
are counted as income for calculation of the Total Tenant Payment.
Any contribution or gift received every 12 months or more frequently will be
considered a "reaular" contribution or gift. This includes rent and utility
payments made on behalf of the family and other cash or non-cash
contributions provided on a regular basis. It does not include casual
contributions or sporadic gifts. (See "Verification Procedures" Chapter 7 for
further definition.)
If the family's expenses exceed its known income, the HA will inquire of the
family regarding contributions and gifts.
Housing Authority of the County of Contra Costa
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H. ALIMONY ARID CHILD SUPPORT [24 CFR 5.6091
Regular alimony and child support payments are counted as income for
calculation of Total Tenant Payment.
If the amount of child support or alimony received is less than the amount
awarded by the court, the HA will use the amount awarded by the court
unless the family can verify that they are not receiving the full amount, and
verification of item(s) below are provided.
The HA will accept verification that the family is receiving an amount less
than the award if:
The HA receives verification from the agency responsible for
enforcement or collection.
OR
The family furnishes documentation of child support or alimony
collection action filed through a child support enforcement/collection
agency, or has filed an enforcement or collection action through an
attorney.
It is the family's responsibility to supply a certified copy of the divorce
decree. A deduction will not be provided for those amounts paid out by a
household member for alimony or child support, Deductions are only allowed
for those members who are a part of the rental subsidy, in compliance with
HUD regulations.
I. LUMP-SUM RECEIPTS [24 CFR 5.6091
Lump-sum additions to Family assets, such as inheritances, insurance
payments (including payments under health and accident insurance and
worker's compensation), capital gains, and settlement for personal or
property losses, are not included in income, but may be included in assets.
Lump-sum payments caused by delays in processing periodic payments such
as unemployment or welfare assistance are counted as income. Lump sum
payments from Social Security or SSI are excluded from income, but any
amount remaining will be considered an asset. Deferred periodic payments
which have accumulated due to a dispute will be treated the sante as periodic
payments which are deferred due to delays in processing,
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In order to determine amount of retroactive tenant rent that the family owes
as a result of the lump sum receipt;
1.. The HA will calculate prospectively if the family reported the
payment within 60 days and retroactively to date of receipt if the
receipt was not reported within that time frame.
2, The family must account for those monies received by providing
verification of receipts, or a detailed statement on how the
income was disposed.
Prospective Calculation Methodology
If the payment is reported on a timely basis, the calculation will be done
prospectively and will result in an interim adjustment calculated as follows:
The entire lump-sum payment will be added to the annual income at
the time of the interim.
The HA will determine the percent of the year remaining until the next
annual recertification as of the date of the interim
At the next annual recertification, the HA will apply the percentage
balance to the lump sum and add it to the rest of the annual income.
The lump sum will be added in the same way for any interims which
occur prior to the next annual recertification.
If the family can demonstrate that the payment derived from the above
method will constitute a hardship. The HA and family may eater into a
Payment Agreement for the balance of the amount.
Retroactive Calculation Methodology
The HA will go back to the date the lump-sum payment was received, or to
the date of admission, or recertification, whichever is closer.
The HA will determine the amount of income for each certification period,
including the lump sum; and recalculate the tenant rent for each certification
period to determine the amount due the HA.
The family must pay this "retroactive" amount to the HA in a lump sum.
At the HA's option, the HA may enter into a Payment Agreement with the
family.
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The amount awed by the family is a collectible debt even if the family
becomes unassisted.
Attorney Fees
The family's attorney fees may be deducted from lump-sum payments when
computing annual income if the attorney's efforts have recovered a lump-
sum compensation, and the recovery paid to the family does not include an
additional amount in full satisfaction of the attorney fees.
3. CONTRIBUTIONS TO RETIREMENT FUNDS - ASSETS
[24 CFR 5.603(d)]
Contributions to company retirement/pension funds are handled as follows:
While an individual is employed, count as assets only the amounts the
family can withdraw without retiring or terminating employment.
After retirement or termination of employment, count any amount the
employee elects to receive as a lump sum.
K. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE
[24 CFR 5.603(d)(3)]
The HA must Count assets disposed of for less than fair market value during
the two years preceding certification or reexamination. The HA will count the
difference between the market value and the actual payment received in
calculating total assets.
Assets disposed of as a result of foreclosure or bankruptcy are not considered
to be assets disposed of for less than fair market value. Assets disposed of
as a result of a divorce or separation are not considered to be .assets
disposed of for less than fair market value.
The HA's minimum threshold for counting assets disposed of for less than Fair
Market value is $2,000.00. If the total value of assets disposed of within a
one-year period is less than $2,000.00, they will not be considered an asset.
L. CHILE) CARE EXPENSES [24 CFR 56.603]
Child care expenses for children under 1.3 may be deducted from annual
income if they enable an adult to work or attend school full time, or to
actively seek employment.
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In the case of a child attending private school, only after-hours care can be
counted as child care expenses.
Aliowability of deductions for child care expenses is based on the following
guidelines:
Child care to allow a parent to wore The maximum child care expense
allowed must be less than the amount earned by the person enabled to
work. The "person enabled to work" will be the adult member of the
household who earns the least amount of income from working.
Child care for school: The number of hours claimed for child care may
not exceed the number of hours the family member is attending
school, including reasonable travel time to and from school.
Amount of Expense The HA will use known community standards as a
guideline. If the hourly rate materially exceeds the guideline, the HA
may calculate the allowance using the guideline.
M. MEDICAL EXPENSES [24 CFR 5.609(a)(2), 5.603]
When it is unclear in the HID rules as to whether or not to allow an item as a
medical expense, IRS Publication 50will be used as a guide.
Nonprescription medicines will be counted toward medical expenses for
families who qualify if the family furnishes legible receipts.
Acupressure, acupuncture and related herbal medicines, and chiropractic
services will be considered allowable medical expenses.
N. PRORATION OF ASSISTANCE FOR "MIXED" FAMILIES
[24 CFR 5.5201
Applicability
Pro-ration of assistance must be offered to any "mixed" applicant or
participant family, A "mixed" family is one that incjudes at least one U.S,
citizen or eligible immigrant and any number of ineligible members:
Prorated Assistance Calculation
Prorated assistance is calculated by determining the amount of assistance
payable if all family members were eligible and multiplying by the percent of
!-lousing Authority of the County of Contra Costa
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the family members who actually are eligible. Calculations for each housing
program are performed on the HUD 50058 form.
0. REDUCTION IN BENEFITS
See Chapter 12 on recertifi cations for information on how to handle income
changes resulting from welfare program requirements.
P. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT
PAYMENTS [24 CFR 982.153r 982.517]
The same Utility Allowance Schedule is used for all tenant-based programs.
The utility allowance is intended to cover the cost of utilities not included in
the rent. The allowance is based on the typical cost of utilities and services
paid by energy-conservative households that occupy housing of similar size
and type in the same locality. Allowances are not based on an individual
family's actual energy consumption.
The HA`s utility allowance schedule, and the utility allowance for an individual
family, must include the utilities and services that are necessary in the
locality to provide housing that complies with the housing quality standards.
The HA may not provide any allowance for non-essential utility costs, such as
costs of cable or satellite television.
The HA must classify utilities in the utility allowance schedule according to
the following general categories: space heating, cooking, water heating,
water, sewer, trash collection; other electric, refrigerator (for tenant-
supplied refrigerator), and range (cost of tenant-supplied range).
The HA will review the utility allowance schedule annually. If the review finds
a utility rate has changed by 10 percent or more since the last revision of the
utility allowance schedule, the schedule will be revised to reflect the new
rate. Revised utility allowances will be applied in a participant family's rent
calculation at their next reexamination.
The approved utility allowance schedule is given to families along with their
Voucher. The utility allowance is based on the actual unit size selected.
Where families provide their own range and refrigerator, the HA will establish
ar, allowance.
Where the calculation on the HUD 50058 results in a utility reimbursement
payment due the family, the HA may provide a Utility Reimbursement
Housing Authority of the County of Contra Costa
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Payment for the family each month. The check will be made out directly to
the utility company on behalf of the family.
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Chapter 7
VERIFICATION PROCEDURES
[24 CFR Part 5, Subparts 8, D, E and F, 982.10181
INTRODUCTION
HUD regulations require that the factors of eligibility and Total Tenant
Payment/Family Share be verified by the HA. HA staff will obtain written
verification from independent sources whenever possible and will document
tenant files whenever third party verifications are not possible as to why
third party verification was impossible to obtain.
Applicants and program participants must provide true and complete
information to the HA whenever information is requested. The HA's
verification requirements are designed to maintain program integrity. This
Chapter explains the HA's procedures and standards for verification of
preferences, income, assets, allowable deductions, family status, and
changes in family composition. The HA will obtain proper authorization, from
the family before requesting information from independent sources.
A. METHODS OF VERIFICATION AND TIME ALLOWED
[24 CFR 982.5161
The HA will verify information through the four methods of verification
acceptable to HUD in the following order:
1. Third-Party Written
2. Third-Party Oral
3. Review of Documents
4, Certification/Self-Declaration
The HA will allow 10 days for return of third-party verifications and 10 days
to obtain other types of verifications before going to the next method. The
HA will document the file as to why third party written verification was not
used.
For applicants, verifications may not be more than 50 days old at the time of
Voucher issuance. For participants, they are valid for 120 days from date of
receipt.
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1. Third-Party Written Verification
Third-party verification is used to verify information directly with the
source. Third-party written verification forms will be sent and returned
via first class mail. The family will be required to sign an authorization
for the information source to release the specified information.
Verifications received electronically directly from the source are
considered third-party written verifications.
The HA will accept verifications in the form of computerized printouts
delivered by the family from the following agencies:
* Social Security Administration
* Veterans Administration
* Welfare Assistance
Unemployment Compensation Board
* City or County Courts
2. Third-Party Ural Verification
Oral third-party verification will be used when written third-party
verification is delayed or not possible. When third-party oral
verification is used, staff will be required to complete a Verification
Update/Third Party Verbal Verification form, noting with whom they
spore, the date of the conversation, and the facts provided. If oral
third party verification is not available, the HA will compare the
information to any documents provided by the Family. If provided by
telephone, the HA must originate the call.
3. Review of Documents
In the event that third-party written or oral verification is unavailable,
or the information has not been verified by the third party within lg
days, the HA will annotate the file accordingly and utilize documents
provided by the family as the primary source if the documents provide
complete information.
All such documents, excluding government checks, will be photocopied
and retained in the applicant file. In cases where documents are
viewed which cannot be photocopied, staff viewing the document(s)
will complete a Third Party Verbal Update form or document. The HA
will accept the following documents from the family provided that the
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document is such that tampering would be easily noted:
Printed wage stubs; computer printouts from the employer if the
source and amount are clearly indicated; signed letters (provided that
the information is confirmed by phone); other documents noted in this
Chapter as acceptable verification. The HA will accept faxed
documents and photocopies. If third-party verification is received after
documents have been accepted as provisional verification, and there is
a discrepancy, the HA will utilize the third party verification.
4. Certification/Self Declaration
When verification cannot be made by third-party verification or review
of documents, families will be required to submit a self-certification.
Self-certification means an affidavit, certification or statement made
under penalty of perjury.
A. RELEASE OF INFORMATION [24 CFR 5.2303
Adult family members will be required to sign the HUD 9886 Release of
Information/Privacy Act form.
In addition, family members will be required to sign specific authorization
forms when information is needed that is not covered by the HUD form
9886, Authorization for Release of Information/Privacy Act Notice.
Each member requested to consent to the release of specific information will
be provided with a copy of the appropriate forms for their review and
signature. Family refusal to cooperate with the HUD prescribed verification
system will result in denial o; admission or termination of
sia ns`stancetbeca se
it is a family obligation to supply any information and t9
requested by the HA or HUD.
B. COMPUTER MATCHING
Where allowed by HUD and/or other State or local agencies, computer
matching will be done. The HA will utilize the HUD established computer-
based Tenant Eligibility Verification System (TEVS) tool for obtaining Social
Security benefits, Supplemental Security Income, benefit history and tenant
income discrepancy reports from the Social Security Administration
When computer matching results in a discrepancy with information in the HA
records, the HA will follow up with the family and verification sources to
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resolve this discrepancy, If the family has unreported or underreported
income, the HA will follow the procedures in the program Integrity
Addendum of the Administrative Plan.
D. ITEMS TO BE VERIFIED [24 CFR 982.515]
L. All income not specifically excluded by the regulations.
2.. Full-time student status including High School students who are 18 or
over.
3. Current assets including assets disposed of for less than fair market
value in preceding two years.
4. Chid care expense, where it allows an adult family member to be
employed or to further his/her education.
5. Total medical expenses of all family members in households whose
head or spouse is elderly or disabled.
6. Disability assistance expenses to include only those costs associated
with attendant care or auxiliary apparatus for a disabled member of
the family, which allow an adult family member to be employed.
7. Disability for determination of preferences, allowances or deductions.
U.S, citizenship/eligible immigrant status
B, Social Security Numbers for all family members over 6 years of age or
older who have been issued a social security number.
g. Marital status when needed for head or spouse definition for non-
citizen eligibility purposes.
Verification of Reduction in Benefits for Noncompliance:
The HA will obtain written verification from the welfare agency stating that
the family's benefits have been reduced for fraud or noncompliance before
denying the family's request for rent reduction.
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E. VERIFICATION OF INCOME [24 CFR 982.5161
This section defines the methods the HA will use to verify various types of
income.
Employment Income
Verification forms request the employer to specify the:
1. Dates of employment
2. Amount and frequency of pay
3. Date of the last pay increase
4. Likelihood of change of employment status and effective date of any
known salary increase during the next 12 months
Year to tate Earnings
Estimated income from overtime, tips, bonus pay expected during next 12
months
1. Acceptable methods of verification include, in this order;
2. Employment verification form completed by the employer.
3. Check stubs or earning statements, which indicate the employee's
gross pay, frequency of pay or year to date earnings.
4. W-2 forms .plus income tax return forms.
5. Self-certifications or income tax returns signed by the family may be
used for verifying self-employment income, or income from tips and
other gratuities.
Applicants and program participants may be requested to sign an
authorization for release of information from the Interna`=. Revenue Service
for further verification of income.
In cases where there are questions about the validity of information provided
by the family, the HA will require the most recent federai income tax
statements.
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Where doubt regarding income exists, a referral to IRS for confirmation Will
be made on a case-by-case basis.
Socialsecurity, Pensions, Supplementary Security Income (SSI),
Disability Income
Acceptable methods of verification include, in this order:
1. Benefit verification farm completed by agency providing the
benefits.
2. Award or benefit notification letters prepared and signed by the
providing agency.
1 Computer report electronically obtained or in hard copy.
4. Bank statements for direct deposits.
Unemployment Compensation
Acceptable methods of verification include, in this order:
1. Verification form completed by the unemployment compensation
agency.
2. Computer report electronically obtained or in hard copy, from
unemployment office stating payment dates and amounts.
3. Payment stubs.
Welfare Payments or General Assistance
Acceptable methods of verification include, in this order:
1. HA verification form completed by payment provider.
2. Written statement from payment provider indicating the amount
of grant/payment, start date of payments, and anticipated
changes in payment in the next 12 months.
3. Computer-generated Notice of Action.
4. Computer-generated list of recipients from Welfare Department,
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Alimony or Child Support Payments
Acceptable methods of verification include, in this order:
1. Copy of a separation or settlement agreement or a divorce
decree stating amount and type of support and payment
schedules.
2. A letter from the person paying the support.
3. Copy of latest check and/or payment stubs from Court
Trustee. HA must record the date, amount, and number of the
check.
4. Family's self-certification of amount received and of the
likelihood of support payments being received in the future,
or that support payments are not being received.
If payments are irregular, the family must provide:
A copy of the separation or settlement agreement, or a divorce decree
stating the amount and type of support and payment schedules;
Or, a statement from the agency responsible for enforcing payments to
show that the family has filed for enforcement;
Or, an affidavit from the family indicating the amount(s) received;
Or, a welfare notice of action showing amounts received by the welfare
agency for child support;
Or, a written statement from an attorney certifying that a collection or
enforcement action has been filed.
Net Income from a Business
In order to verify the net income from a business, the HA will, view IRS and
financial documents from prior years and use this information to anticipate
the income for the next 12 months.
Acceptable methods of verification include:
1. IRS Form 1040, including:
2. Schedule C (Small Business)
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3. Schedule E (Rental Property Income)
4. Schedule F (Farm Income)
5. If accelerated depreciation was used on the tax return or financial
statement, an accountant's calculation of depreciation expense,
computed using straight-line depreciation rules.
6. Audited or unaudited financial statement(s) of the business.
7. Credit report or loan application.
8. Documents such as manifests, appointment books, cash books,
bank statements, and receipts will be used as a guide for the prior
six months (or lesser period if not in business for six months) to
project income for the next 12 months. The family will be advised to
maintain these documents in the future if they are not available.
9. Family's self-certification as to net income realized from the
business during previous years.
Child Care Business
If an applicant/participant is operating a licensed day care business, income
will be verified as with any other business.
If the applicant/participant is operating a "cash and carry" operation (which
may or may not be licensed), the HA will require that the
applicant/participant complete a form for each customer which indicates.
name of person(s) whose child (children) is/are being cared for, phone
number, number of hours child is being cared for, method of payment
(check/cash), amount paid, and signature of person.
If the family has filed a tax return, the family will be required to provide it.
If child care services were terminated, a third-party verification may be sent
to the parent whose child was cared for.
Recurring Gifts
The family must furnish a self-certification which contains the following
information
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1. The person who provides the gifts
2. The value of the gifts
3. The regularity (dates) of the gifts
4. The purpose of the gifts
Zero Income Status
Families claiming to have no income will be required to execute verification
forms to determine that forms of income such as unemployment benefits,
TANF, SSI, etc. are not being received by the household.
The HA will request information from the State Employment Development
Department.
The HA may run a credit report if information is received that indicates the
family has an unreported income source.
Full-time Student Status
Only the first $480 of the earned income of full time students, other than
head, co-head, or spouse, will be counted towards family income.
Financial aid, scholarships and grants received by full time students are not
counted towards family income.
Verification of full time student status includes:
• Written verification from the registrar's office or other school official.
• School records indicating enrollment for sufficient number of credits to
be considered a full-time student by the educational institution.
F. INCOME FROM ASSETS [24 CFR 982.5163
Savings Account Interest Income and [dividends
Acceptable methods of verification include, in this order=
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1. Account statements, passbooks, certificates of deposit, or HA
verification forms completed by the financial institution.
2. Broker's statements showing value of stocks or bonds and the
earnings credited the family. Earnings Can be obtained from
current newspaper quotations or oral broker's verification.
3. IRS Form 1099 from the financial institution, provided that the HA
must adjust the information to project earnings expected for the
next 12 months.
Interest Income from Mortgages or Similar Arrangements
Acceptable methods of verification include, in this order:
I.. A letter from an accountant, attorney, real estate broker, the buyer,
or a financial institution stating interest due for next 12 months. (A
copy of the check paid by the buyer to the family is not sufficient
unless a breakdown of interest and principal is shown.)
2. Amortization schedule showing interest for the 12 months following
the effective date of the Certification or recertification.
Net Rental Income from Property Owned by Family
Acceptable methods of verification include, in this order:
1. IRS Form 1040 with Schedule E (Rental Income).
2. Copies of latest rent receipts, leases, or other documentation of
rent amounts.
3. Documentation of allowable operating expenses of the property:
tax statements, insurance invoices, bills for reasonable
maintenance and utilities, and bank statements or amortization
schedules showing monthly interest expense.
As a last resort,
4. Lessee's written statement verifying rent payments to the family
and family's self-certification as to net income realized,
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G. VERIFICATION OF ASSETS
Family Assets
The HA will require the information necessary to determine the current cash
value of the family's assets, (the net amount the family would receive if the
asset were converted to cash).
Acceptable verification may include any of the following:
1. Verification forms, letters, or documents from a financial institution or
broker.
2. Passbooks, checking account statements, certificates of deposit,
bonds, or financial statements completed by a financial institution or
broker.
3. Quotes from a stock broker or realty agent as to
n estate.
4.
family
would receive if they liquidated securities or
4. Real estate tax statements if the approximate current market value
can be deduced from assessment.
5. Financial statements for business assets.
5. Copies of closing documents showing the selling price and the
distribution of the sales proceeds.
7. Appraisals of personal property held as an investment.
8, As a last resort, Family's self-certification describing assets or cash
held at the family's home or in safe deposit boxes.
Assets Disposed of for Less than Fair Market Value (FMV)
During Two Years Preceding Effective Date of Certification or Recertification,
for all Certifications and Recertifications, the HA will obtain the Family's
certification as to whether any member has disposed of assets for less than
fair market value during the two years preceding the effective date of the
certification or recertification. If the family certifies that they have disposed
of assets for less than fair market value, verification or certification is
required that shows:
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(a) all assets disposed of for less than FMV
(b) the date they were disposed of
(c) the amount the family received, and
(d) the market value of the assets at the time of disposition. Third
party verification will be obtained wherever possible.
C. VERIFICATION OF ALLOWABLE DEDUCTIONS FROM INCOME
[24 CFR 982.:516)
Child Care Expenses
Written verification from the person who receives the payments is required.
If the child care provider is an individual, s/he must provide a statement of
the amount they are charging the family for their services.
Verifications must specify the child care provider's name, address, telephone
number, the names of the children cared for, the number of hours the child
care occurs, the rate of pay, and the typical yearly amount paid, including
school and vacation periods.
Family's certification as to whether any of those payments have been or will
be paid or reimbursed by outside sources.
Medical Expenses
Families who claim medical expenses will be required to submit a
certification as to whether or not any expense payments have been, or will
be, reimbursed by an outside source. All expense claims will be verified by
one or more of the methods listed below:
1.. Written verification by a doctor, hospital or clinic personnel, dentist,
Pharmacist, of
(a) the anticipated medical costs to be incurred by the family and
regular payments due on medical bills; and
(b) extent to which those expenses will be reimbursed by insurance
or a government agency.
2. Written confirmation by the insurance company or employer of health
insurance premiums to be paid by the family.
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3. Written confirmation from the Social Security Administration of
Medicare premiums to be paid by the family over the next 1.2 months.
A computer printout will be accepted.
For Attendant Care:
A reliable, knowledgeable professional's certification that the assistance of
an attendant is necessary as a medical expense and a projection of the
number of hours the care is needed for calculation purposes.
Attendant's written confirmation of hours of care provided and amount
and frequency of payments received from the family or agency (or copies
of canceled checks the family used to make those payments) or stubs
from the agency providing the services.
Receipts, canceled checks, or pay stubs that verify medical costs and
insurance expenses likely to be incurred in the next 1.2 months.
Copies of payment agreements or most recent invoice that verify
payments made on outstanding medical bills that will continue over all or
part of the next 12 months.
Receipts or other record of medical expenses incurred during the past 1.2
months that can be used to anticipate future medical expenses. HA may
use this approach for `general medical expenses" such as non-
prescription drugs and regular visits to doctors or dentists, but not for one
time, nonrecurring expenses from the previous year.
The HA will use mileage at the IRS rate, or cab, bus fare, or other public
transportation cost for verification of the cost of transportation directly
related to medical treatment.
Assistance to Persons with Disabilities [24 CFR 5.611( c
In All Cases, the Family Must Provide:
Written certification from a reliable, knowledgeable professional that the
person with disabilities requires the services of an attendant and/or the
use of auxiliary apparatus to permit him/her to be employed or to
function sufficiently independently to enable another family member to be
employed.
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Family's certification as to whether they receive reimbursement for any of
the expenses of disability assistance and the amount of any
reimbursement received.
Attendant Care:
Attendant's written certification of amount received from the family,
frequency of receipt, and hours of care provided.
Certification of family and attendant and/or copies of canceled checks
family used to make payments.
Auxiliary Apparatus:
Receipts for purchases or proof of monthly payments and maintenance
expenses for auxiliary apparatus.
In the case where the person with disabilities is employed, a statement
from the employer that the auxiliary apparatus is necessary for
employment.
G. VERIFYING NON-FINANCIAL FACTORS
[24 CFR ' 82.153(b)(15)]
Verification of regal Identity
In order to prevent program abuse, the HA will require applicants to furnish
verification of legal identity for all family members. The documents listed
below will be considered acceptable verification of legal identity for adults. If
a document submitted by a family is illegible or otherwise questionable,
more than one of these documents may be required.
I. Certificate of Birth, naturalization papers
. Baptismal certificate issued by a church
3. Current valid Driver's license
4. U.S. military discharge (DD 214)
5. U.S. passport
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6. Voter's registration
7. Company/agency Identification Card
8. Department of Motor Vehicles Identification Card
9. Hospital records
Documents considered acceptable for the verification of legal identity for
minors may be one or more of the following:
1. Certificate of Birth
2. Adoption papers
3. Custody agreement
4. Health and Human Services ID
5. School records
Verification of Marital Status
Verification of divorce status will be a certified copy of the divorce decree,
signed by a Court Officer.
Verification of a separation may be a copy of court-ordered maintenance or
other records.
Verification of marriage status is a marriage certificate.
Familial Relationships
Certification will normally be considered sufficient verification of family
relationships. In cases where reasonable doubt exists, the family may be
asked to provide verification.
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The following verifications will always be required if applicable:
Verification of relationship:
1. Official identification showing names
2. Birth Certificates
3. Baptismal certificates
Verification of guardianship is:
1. Court-ordered assignment
2. Affidavit of parent
3. Verification from social services agency
4. School records
Verification of Permanent Absence of Family Member
If an adult member who was formerly a member of the household is
reported to be permanently absent by the family, the HA will consider copies
of any of the following documents as verification:
1. Husband or wife institutes divorce action
2. Husband or wife institutes legal separation
3. Order of protection/restraining order obtained by one family member
against another
4. Proof of another home address, such as utility bills, canceled checks
for rent, drivers license, or lease or rental agreement, if available
3. Statements from other agencies such as social services or a written
statement from the landlord or manager that the adult family member
is no longer living at that location
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6. If the adult family member is incarcerated, a document from the Court
or correctional facility should be obtained stating how long they will be
incarcerated
7. If no other proof can be provided, the HA will accept a self-certification
from the head of household or the spouse or co-head, if the bead is
the absent member
Verification of Change in Family Composition
The HA may verify changes in family composition (either reported or
unreported) through letters, telephone calls, utility records, inspections,
landlords, neighbors, credit data, school or DMV records, and other sources.
Verification of Disability
Verification of disability must be receipt of SSI or SSA disability payments
under Section 223 of the Social Security Act or 102(7) of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(7) or verified by
appropriate diagnostician such as physician, psychiatrist, psychologist,
therapist, rehab specialist, or licensed social worker, using the HUD language
as the verification format.
Verification of Citizenship/Eligible Immigrant Status
[24 CFR 5.508, 5.51015.512, 5.514]
To be eligible for assistance, individuals must be U.S. citizens or eligible
immigrants. Individuals who are neither may elect not to contend their
status. Eligible immigrants must fall into one of the categories specified by
the regulations and must have their status verified by Immigration and
Naturalization Service (INS), Each family member must declare their status
once. Assistance cannot be delayed, denied, or terminated while verification
of status is pending, except that assistance to applicants may be delayed
while the HA hearing is pending.
Citizens or Nationals of the United States are required to sign a declaration
under penalty of perjury.
The HA will not require citizens to provide documentation of citizenship.
Eligible Immigrants who were Participants and 62 years old or older on
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June 19, 1995, are required to sign a declaration of eligible immigration
status and provide proof of age.
Non-citizens with eligible immigration status must sign a declaration of
status and verification consent form and provide their original immigration
documents which are copied front and back and returned to the family. The
HA verifies the status through the INS SAVE system. If this primary
verification fails to verify status, the HA must request within ten days that
the INS conduct a manual search.
Ineligible family members who do not claim to be citizens or eligible
immigrants must be listed on a statement of ineligible family members
signed by the head of household or spouse.
Non-citizen students on student visas are ineligible members even though
they are in the country lawfully. They must provide their student visa but
their status will not be verified and they do not sign a declaration but are
listed on the statement of ineligible members.
Failure to provide
If an applicant or participant family member fails to sign required
declarations and consent forms or provide documents, as required, they
must be listed as an ineligible member. If the entire family falls to provide
and sign as required, the family may be denied or terminated for failure to
provide required information.
Time of Verification
For applicants, verification of U.S. citizenship/eligible immigrant status
occurs at the same time as verification of other factors of eligibility for final
eligibility determination.
The HA will not provide assistance to any family prier to the affirmative
establishment and verification of the eligibility of the individual or at least
one member of the family.
For family members added after other members have been verified, the
verification occurs at the first recertification or interim after the new member
moves in.
Once verification has been completed for any covered program, it need not
be repeated except that, in the case of port-in families, if the initial FIA does
not supply the documents, the HA must conduct the determination.
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Extensions of Time to Provide Documents
The HA will grant an extension of 10 days for families to submit evidence of
eligible immigrant status
Acceptable Documents of Eligible Immigration
The regulations stipulate that only the following documents are acceptable
unless changes are published in the Federal Register:
1. Resident Alien Card (I-551)
2. Alien Registration Receipt Card (I-151)
3. Arrival-Departure Record (I-94)
4. Temporary Resident Card (I-588)
5. Employment Authorization Card (I-6880
6. Receipt issued by the INS for issuance of replacement of any of the
above documents that shows individual's entitlement has been
verified.
A birth certificate is not acceptable verification of status. All documents in
connection with U.S. citizenship/eligible immigrant
has knowingly pestatus must be rm tive
ted
years. If the HA determines that a family memo g
another individual who is not eligible for assistance to reside permanently in
the family's unit, the family's assistance will be terminated for 24 months,
unless the ineligible individual has already been considered in prorating the
family's assistance.
Verification of Social Security Numbers [24 CFR 5.216]
Social security numbers must be provided as a condition of eligibility for all
family members age six and over if they have been issued a number.
Verification of Social Security numbers will be done through a Social Security
Card issued by the Social Security Administration. If a family member
cannot produce a Social Security Card, only the documents listed below
showing his or her Social Security Number may be used for verification. The
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family is also required to certify in writing that the document(s) submitted in
lieu of the Social Security Card information provided is/are complete and
accurate.
1. A current valid driver's license
2. Identification card issued by a Federal, State or local agency
3. Identification card issued by a medical insurance company or provider
(including Medicare and Medicaid)
4. An identification card issued by an employer or trade union
5. An identification card issued by a medical insurance company
5. Earnings statements or payroll stubs
7. Bank Statements
S. IRS Form 1099
9. Benefit award letters from government agencies
10. Retirement benefit letter
11. Life insurance policies
1 . Court records such as real estate, tax notices, marriage and
divorce,
13. judgment or bankruptcy records
14. Verification of benefits or Social Security Number from the Social
Security Administration
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New family members ages six and older will be required to produce their
Social Security Card or provide the substitute documentation described
above together with their certification that the substitute information
provided is complete and accurate. This information is to be provided at the
time the change in family composition is reported to the HA.
If an applicant or participant is able to disclose the Social Security Number
but cannot meet the documentation requirements, the applicant or
participant must sign a certification to that effect provided by the HA. The
applicant/participant or family member will have an additional sixty [60]
days to provide proof of the Social Security Number. if they fail to provide
this documentation, the family's assistance will be terminated
In the case of an individual at least 62 years of age, the HA may grant an
extension for an additional 60 days to a total of 120 days, if, at the end of
this time the elderly individual has not provided documentation, the family's
assistance will be terminated.
if the family member states they have not been issued a number, the family
member will be required to sign a certification to this effect.
Medical Need for Larger Unit
A written certification is required to indicate that a larger unit is necessary,
and it must be obtained from a reliable, knowledgeable professional.
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Chapter 8
VOUCHER ISSUANCE AND BRIEFINGS
[24 CFR 982.301, 982.302]
INTRODUCTION
The HA`s goals and objectives are designed to assure that families selected
to participate are equipped with the tools necessary to locate an acceptable
housing unit. Families are provided sufficient knowledge and information
regarding the program and how to achieve maximum benefit while
complying with program requirements. When eligibility has been
determined, the HA will conduct a mandatory briefing to ensure that families
knew how the program works. The briefing will provide a broad description
of owner and family responsibilities, HA procedures, and how to lease a unit.
The family will also receive a briefing packet that provides more detailed
information about the program including the benefits of moving outside
areas of poverty and minority concentration. This Chapter describes how
briefings will be conducted, the information that will be provided to families,
and the policies for how changes in the family composition will be Dandled.
A. ISSUANCE OF VOUCHERS
[24 CFR 982.204(d), 982.54(d)(2)7
When funding is available, the HA will issue Vouchers to applicants whose
eligibility has been determined. The number of Vouchers issued must ensure
that the HA stays as close as possible to 100 percent lease-up. The HA
performs a monthly calculation electronically to determine whether
applications can be processed, the number of Vouchers that can be issued,
and to what extent the HA can aver-issue (issue more Vouchers than the
budget allows to achieve lease up).
The HA may aver-issue Vouchers only to the extent necessary to meet
leasing goals. All Vouchers which are over-issued must be honored. If the
HA finds it is over-leased, it must adjust future issuance of Vouchers in order
not to exceed the ACC budget limitations over the fiscal year.
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B. BRIEFING TYPES AND REQUIRED ATTENDANCE
[24 CPR 982.3011
Initial Applicant Briefing
A full HUD-required briefing will be conducted for applicant families who are
determined to be eligible for assistance. The briefings will be conducted in
groups. Families who attend group briefings and still have the need for
individual assistance will be referred to Occupancy Housing Assistant, The
purpose of the briefing is to explain how the program worsts and the
documents in the Voucher holder's packet to families so that they are fully
informed about the program. This will enable them to utilize the program to
their advantage, and it will prepare them to discuss it with potential owners
and property managers.
The HA will not issue a Voucher to a family unless the household
representative has attended a briefing and signed the Voucher. Applicants
who provide prior notice of inability to attend a briefing will automatically be
scheduled for the next briefing. Applicants who fail to attend 2 scheduled
briefings, without prior notification and approval of the HA, may be denied
admission based on failure to supply information needed for certification.
The HA will conduct individual briefings for families with disabilities at their
home, upon request by the family, if required for reasonable
accommodation.
Briefing Packet [24 CFR 982.301(b)]
The documents and information provided in the briefing packet for the
Voucher program will comply with all HUD requirements. The HA also
includes other information and/or materials which are not required by HUD.
The family is provided with the following information and materials:
1. The term of the voucher, and the HA policy for requesting extensions
or suspensions of the voucher (referred to as tolling).
2. A description of the method used to calculate the housing assistance
payment for a family, including how the HA determines the payment
standard for a family; how the HA determines total tenant, payment
for a family and information on the payment standard and utility
allowance schedule, how the HA determines the maximum allowable
rent for an assisted unit.
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3. Where the family may lease a unit. . For family that qualifies to lease a
unit outside the HA jurisdiction under portability procedures, the
information must include an explantation of how portability works.
4. The HUD required tenancy addendum, which must be included in the
lease.
5. The Request for Approval of Tenancy form, and a description of the
procedure for requesting approval for a unit.
£. A statement of the HA policy on providing information about families to
prospective owners.
7. The HA Subsidy Standards including when and how exceptions are
made and how the voucher size relates to the unit size selected
8. The HUD brochure on how to select a unit and/or the HUD brochure "A
{good Place to live" on how to select a unit that complies with HC S.
9. The HUD brochure on lead-based paint.
its. Information on federal, State and local equal opportunity laws
and a copy of the housing discrimination complaint form, The HA
will also include the pamphlet "Fair Housing: It's Your Right".
I.I.. A list of landlords or other parties willing to lease to assisted
families or help in the search and/or known units available for the
voucher issued. The list includes landlords or other parties who
are willing to lease units or help families find units outside areas
of poverty or minority concentration.
12, If the family includes a person with disabilities, notice that the
HA will provide list of available accessible units known to the HA.
13, The Family Obligations under the program.
14. The grounds on which the HA may terminate assistance for a
participant family because of family action or failure to act.
is, HA administrative hearing procedures including when the HA is
required to offer a participant family the opportunity for an
informal hearing, and how to request the hearing.
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r
16. The information packet includes an explanation of how portability
works.
17. The Briefing Presentation includes a map showing areas
representing various income levels of the jurisdiction and
surrounding areas for the purpose of expanding housing
opportunities for families.
The briefing packet also includes:
1. HA`s sample lease for owners who do not use a lease for their
unassisted tenants.
2. An Owner's Handbook, an HQS checklist and sample contract.
3. Procedures for notifying the HA and/or HUD of program abuses
such as side payments, extra charges, violations of tenant rights,
and owner failure to repair.
4. The family's rights as a tenant and a program participant.
5. Requirements for reporting changes between annual
recertifications,
6. Information on security deposits and legal referral services.
Exercising choice in residency
1. Choosing a unit carefully and only after due consideration.
2. The Family Self Sufficiency program and its advantages.
3. If the family includes a person with disabilities, the HA will
ensure compliance with CFR 8.6 to ensure effective
communication.
4. Move Briefing
A move briefing will be held for participants who will be reissued a Voucher
to move, and who have been recertified within the last 120 days, and have
given notice of intent to vacate to their landlord. This briefing includes
incoming and outgoing portable families.
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C. ENCOURAGING PARTICIPATION IN AREAS WITHOUT LOW
INCOME OR MINORITY CONCENTRATION
At the briefing, families are encouraged to search for housing in non-
impacted areas, and the HA will provide assistance to families who wish to
do so.
The HA has maps that show various areas and information about facilities
and services in neighboring areas such as schools, transportation, and the
Employment and Human Services Department.
The assistance provided to such families includes:
• Direct contact with landlords.
• Counseling with the family,
• Formal or informal discussions with landlord groups
• Formal or informal discussions with social service agencies
• Meeting with fair housing groups or agencies
D. ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION
The HA will give participants a copy of HUD form 903 to file a complaint.
E. SECURITY DEPOSIT REQUIREMENTS [24 CFR 982.313]
Leases Effective on or after October 2, 1995
The owner is not required to but may collect a security deposit from the
tenant. Security deposits charged to families may be any amount the owner
wishes to charge, subject to the following conditions:
Security deposits charged by owners may not exceed those charged to
unassisted tenants nor the maximum prescribed by State or local law.
For lease-in-place families, responsibility for first and last month's rent is not
considered a security deposit issue. In these cases, the owner should settle
the issue with the tenant prior to the beginning of assistance,
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F. TERM OF VOUCHER E24 CFR 982.303, 982.54(d)(11))
During the briefing session, each household will be issued Voucher which
represents a contractual agreement between the HA and the Family
specifying the rights and responsibilities of each party. It does not constitute
admission to the program, which occurs when the lease and contract become
effective.
Expirations
The Voucher is valid for a period of 60 calendar days from of the Tenancy
issuance. The family must submit a Request for App
roval and Lease within the 60-day period unless an extension has been granted by
the HA.
If the Voucher has expired, and has not been extended by the HA or expires
after an extension, the family will be denied assistance. The family will not
be entitled to a review or hearing. If the family is currently assisted, they
may remain as a participant in their unit if there is a new assisted
lease/contract in executed.
Suspensions
When a Request for Approval of Tenancy is received, the HA will deduct the
number of days required to process the request from the 60-day term of the
voucher.
Extensions Beyond 60 day of Termination of Voucher
A family may submit a written request for an extension of the Voucher time
period beyond 60 days. All requests for extensions must be received prior to
the expiration date of the Voucher.
Extensions may be granted at the discretion of the HA up to a maximum of
an additional 30 days not to exceed a maximum of go days, primarily
for
these reasons:
Extenuating circumstances such
f time that has asor a a�ec affected the
emergency for an extended period
er od o
family's ability to find a unit within the initial 60-day period.
Verification is required.
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The family was prevented from finding a unit due to disability
accessibility requirements.
Assistance to Voucher Holders
Families who require additional assistance during their search may call the
HA Office to request assistance. Voucher holders will be notified at their
briefing session that the HA periodically updates the listing of available units
and how the updated list may be obtained.
The HA will assist families with negotiations with owners and provide other
assistance related to the families' search for housing.
C. VOUCHER ISSUANCE DETERMINATION FOR SPLIT
HOUSEHOLDS 24 CFR 982.315]
In those instances when a family assisted under the Section 8 program
becomes divided into two otherwise eligible families due to divorce, legal
separation, or the division of the family, and the new families cannot agree
as to which new family unit should continue to receive the assistance, and
there is no determination by a court, the following factors will determine
which of the families will continue to be assisted:
• Which of the two new family units has custody of dependent
children.
• Which family member was the head of household when the
Voucher was initially issued (listed on the initial application).
• The composition of the new family units, and which unit contains
elderly or disabled members.
• Whether domestic violence was involved in the breakup.
• Which family members remain in the unit.
• Recommendations of social service professionals.
Documentation of these factors will be the responsibility of the requesting
parties. If documentation is not provided, the HA will terminate assistance
on the basis of failure to provide information necessary for a recertification.
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H. REMAINING MEMBER OF TENANT FAMILY - RETENTION OF
VOUCHER [24 CFR 982.3151
To be considered the remaining member of the tenant family, the person
must have been previously approved by the HA to be living in the unit.
A live-in attendant, by definition, is not a member of the family and will not
be considered a remaining member of the Family. Additionally, a live-in
attendant who becomes a family member may not be considered the
remaining member for purposes of retention of voucher,
In order for a minor child to continue to receive assistance as a remaining
family member:
• The court has to have awarded emancipated minor status to the
minor, or
• The HA has to have verified that Employment and Human
Services Department and/or the Juvenile Court has arranged for
another adult to be brought into the assisted unit to care for the
child(ren) for an indefinite period.
A reduction in family size may require a reduction in the voucher family unit
size.
The Housing Authority at its discretion may not allow individuals who were
not part of the initial application (other than by birth, Marriage, legal
adoption) to receive assistance, in the event the head of household is
deceased and/or no longer requires the voucher.
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Chapter 9
REQUEST FOR APPROVAL. Of TENANCY AND CONTRACT EXECUTION
[24 CFR 982,302]
INTRODUCTION [24 CFR. 982.305(a))
The HA's program operations are designed to utilize available resources in a
manner that is efficient and provides eligible families timely assistance based
on the number of units that have been budgeted. The HA's objectives
include maximizing HUD funds by providing assistance to as many eligible
families and for as many eligible units as the budget will allow.
After families are issued a voucher, they may search for a unit anywhere
within the jurisdiction of the HA, or outside of the HA's jurisdiction if they
qualify for portability. The family must find an eligible unit under the
program rules, with an owner/landlord who is willing to eater into a Housing
Assistance Payments Contract with the HA. This Chapter defines the types
of eligible housing, the HA's policies which pertain to initial inspections, lease
requirements, owner disapproval, and the processing of Requests For Lease
Approval (RTA).
A. REQUEST FOR APPROOVAL. OF TENANCY [24 CFR 982.302,
982.305(b)]
The Request for Tenancy Approval (RTA) and a copy of the proposed Lease,
including the HUD prescribed tenancy addendum, must be submitted by the
family during the term of the voucher. The family must submit the Request
for Tenancy Approval in the form and manner required by the HA.
The Request for Tenancy Approval (RTA) must be signed by both the owner
and Voucher holder.
The HA will not permit the family to submit more than one RTA at a time.
The HA will review the proposed lease and the Request for Tenancy Approval
documents to determine whether or not they are approvable.
The Request will be approved if:
1. The unit is an eligible type of housing
2. The unit meets HUD's Housing Quality Standards (and any
additional criteria as identified in this Administrative Plan)
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3. The rent is reasonable
4. The Security Deposit is approvable in accordance with any
limitations in this plan.
5, The proposed lease complies with HUD and HA requirements (See
"Lease Review" section below).
6. The owner is approvable, and there are no conflicts of interest.
7. The Family's share of the rent may not exceed 40% of the Family's
monthly-adjusted income at new admissions and moves.
8. Language stating families cannot report additional income in order
to qualify for the unit, unless they show that they have been
receiving such income for a minimum of 90 days prior to reported
date.
Disapproval of RTA
If the HA determines that the Request cannot be approved for any reason,
the landlord and the family will be notified in writing.
When, for any reason, an RTA is not approved, the HA will furnish another
RTA form to the family along with the notice of disapproval so that the
family can continue to search for eligible housing.
The time limit on the Certificate or Voucher will be suspended while the RTA
is being processed.
Restriction on Renting from Relatives
Effective .3une 17, 1998 the Department of Housing and Urban Development
(HUD) has limited the circumstances under which landlords can lease a unit
to relatives under the Section 8 program. This policy applies to new
admissions and to transfers.
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The Housing Authority will not approve a unit if the landlord is related to any
of the tenant's family members in one of the following ways:
• parent
• child
• grandparent
• grandchild
• sister
• brother
• interested party
EXCEPTION: The Housing Authority may approve a unit with the owner
and tenant related if it is determined by the Housing Authority
that approving the unit would provide reasonable
accommodation for a family member who is a person with
disabilities. The approved unit must meet established HA
criteria that clearly identifies specific amenities and or
modifications to the unit that unavailable or extremely scarce
in the open rental market. Modifications include but are not
limited to; Medical standard electrical systems; in-room
oxygen system; modified doors cabinets.
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B. ELIGIBLE TYPES OF HOUSING [24 CFR 982.353, 982.54(d)(15)
The HA will approve any of the following types of housing in the Voucher
programs:
1, All structure types can be utilized
2. Manufactured homes where the tenant leases the mobile home
and the pad
3. Manufactured homes where the tenant owns the mobile home
and leases the pad
4. Independent Group Residences
5. Congregate facilities
6. Single Room Occupancy
7. Units owned (but not subsidized) by the HA (following HUD-
prescribed requirements)
S. Assisted Living Facilitates
A family can own a rental unit but cannot reside in it while being assisted,
except in the case when the family owns the mobile home and leases the
pad. A family may lease in and have an interest in a cooperative housing
development.
The HA may not permit a Voucher holder to lease a unit which is receiving
Project-Based Section 8 assistance or any duplicative rental subsidies.
The HA will not approve:
1. A unit occupied by the owner or by any person with an interest
in the unit, other than manufactured homes described above.
2. Nursing homes or other institutions that provide care.
3. School dormitories and institutional housing.
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4. Any other types of housing prohibited by HUD.
C. LEASE REVIEW [24 CFR 982.308]
The HA will review the lease, particularly noting the approvability of optional
charges and compliance with regulations and State/local law. Responsibility
for utilities, appliances and optional services must correspond to those
provided on the Request for Tenancy Approval.
Owners may either submit their own lease or permit the HA to furnish the
lease. In cases where the owner's lease is used, the HUD lease addendum
must be attached and executed.
The HA will encourage owners to use a sample lease provided by the HA
which includes the HUD-mandated language. House rules of the owner may
be attached to the lease as an addendum, provided they are approved by
the HA to ensure they do not violate any fair housing HUD provisions,
Separate Agreements
Separate agreements are not necessarily illegal side agreements. Families
and owners will be advised of the prohibition of illegal side payments for
additional rent, or for items normally included in the rent of unassisted
families, or for items not Shown on the approved lease.
Owners and families may execute separate agreements for services,
appliances (other than range and refrigerator) and other items that are not
included in the lease, if the agreement is in writing and approved by the HA.
Any appliances, services or other items that are routinely provided to
unassisted families as part of the lease (such as air conditioning, dishwasher
or garage) or are permanently installed in the unit, cannot be put under
separate agreement and must be included in the lease. In order for they're
to be a separate agreement, the family must have the option of not utilizing
the service, appliance or other item.
If the family and owner have come to a written agreement on the amount of
allowable charges for a specific item, so long as those charges are
reasonable and not a substitute for higher rent, they will be allowed.
All agreements for special items or services must be attached to the lease
approved by the HA. If agreements are entered into at a later date, they
must be approved by the HA and attached to the lease.
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Actions Before Lease Term
All of the following must always be completed before the beginning of the
initial term of the lease for a unit:
1. The HA has inspected the unit and has determined that the unit
satisfies the HQS,
2. The HA has approved leasing of the unit in accordance with program
requirements
D. INITIAL INSPECTIONS [24 CFR 982.305(x) & (b)3
See "Housing Quality Standards and Inspections" Chapter 10 of this
Administrative Plan.
E. RENT LIMITATIONS [24 CFR. 982.503]
In the Voucher program, HA may approve exception rents that are up to
1.0% above the payment for no more than 2011/o of budgeted units.
Exception Rents will be utilized to:
1. Expand housing opportunities for families to move from poverty-
impacted areas.
2. Make accessible units available to persons with disabilities.
3. Increase the housing choices available to low-income families.
Rent reasonableness will still be used as a measure of whether the rent is
approvable.
The HA tracks all units for which an Exception bent is approved manually or
electronically to assure that not more than 200/c of the units under the
Toucher program (based on the number of units shown on Line 4 of the last
budget submitted to HUD) have received approval for rents which exceed
the payment standard by up to 10%t
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For the Section 8 Housing Choice Voucher programs, the HA will make a
determination as to the reasonableness of the proposed rent in relation to
comparable units available for lease on the private unassisted market, and
the rent charged by the owner for a comparable assisted or unassisted unit
in the building or premises,
F. DISAPPROVAL OF PROPOSED RENT [24 CFR 982.5021
In any of the programs, if the proposed Gross Rent is not reasonable, at the
family's request, the HA will negotiate with the owner to reduce the rent to a
reasonable rent.
At the family's request, the HA will negotiate with the owner to include some
or all of the utilities in the rent to owner.
If the rent can be approved after negotiations with the owner, the HA will
continue processing the Request for Lease Approval. If the revised rent
involves a change in the provision of utilities, a new Request for Lease of
Tenancy must be submitted by the owner.
If the owner dogs not agree on the Rent to Owner after the HA has tried and
failed to negotiate a revised rent, the HA will inform the family and owner
that the lease is disapproved,
G. INFORMATION TO OWNERS [24 CFR 982.307(b)j 982.54(d)(7)]
The HA is required to provide prospective owners with the address of the
applicant and the names and addresses of the current and previous landlord
if known.
The HA will make an exception to this requirement if the family's
whereabouts mast be protected due to domestic abuse or witness protection.
The HA will inform owners that it is the responsibility of the landlord to
determine the suitability of prospective tenants. Owners will be encouraged
to screen applicants for rent payment history, eviction history, damage to
units, and other factors related to the family's suitability as a tenant.
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The HA will not provide information regarding tenancy history.
However, upon request, information will be provided orally or in writing to
prospective owners regarding the names and addresses of the last two
owners who have housed the family. The HA's policy on providing
information to owners is included in the briefing packet and will apply
uniformly to all families and owners.
H. OWNER DISAPPROVAL [24 CFR 982.306]
See Chapter 16 on `Owner Disapproval and Restrlction".
I. CHANGE IN TOTAL TENANT PAYMENT (TTP) PRIOR.TO HAP
EFFECTIVE DATE
When the family reports changes in factors that will affect the Total Tenant
Payment (TTP) prior to the effective date of the HAP contract at admission,
the information will be verified and the Total Tenant Payment will be
recalculated. If the family does not report any change, the HA need not
obtain new verifications before signing the HAP Contract, even if verifications
are more than 60 days old.
1. CONTRACT EXECUTION PROCESS [24 CFR 9$2.305(0]
The HA prepares the Housing Assistance Contract for execution. The family
and the owner will execute the tease agreement, and the owner and the HA
will execute the HAP Contract. Copies of the documents will be furnished to
the parties who signed the respective documents.
The HA makes every effort to execute the HAP Contract
before
commencement of the lease term. The HAP Contract Y not be executed
more than 60 days after commencement of the lease term and no payments
will be made until the contract is executed.
The following HA representative(s) is/are authorized to execute a contract or
behalf of the HA:
Housing Assistant, Housing Choice Voucher Manager
Owners must provide the current address of their residence knot a Post
Office box). If families lease properties owned by relatives, the
owner's current address will be compared to the subsidized unit's
address.
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• Owners must provide an Employer Identification Number or Social
Security Number. Owners may be requested to submit proof of
ownership of the property, such as a Grant Geed or Tax Bill, and a
copy of the Management Agreement if the property is managed by a
management agent.
The owner will be asked to provide a business or home telephone number.
K. CHANGE IN OWNERSHIP
A change in ownership does not require execution of a new contract. The HA
will process a change of ownership only upon the written request of the new
owner and only if accompanied by a copy of an official vestry, ie., recorded
grant deed, or other official document showing the transfer of title and the
Employee Identification Number of Social Security number of the new owner.
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Chapter 10
HOUSING QUALITY STANDARDS AND .INSPECTION
[24 CFR 982.401]
INTRODUCTION
Housing Quality Standards (HQS) are the HUD minimum quality standards
for tenant-based programs. HQS standards are required both at initial
occupancy and annually during the term of the lease. HQS standards apply
to the building and premises, as well as the unit. Newly leased units must
pass the HQS inspection on or before the beginning date of the assisted
lease and HAP contract.
The HA will inspect each unit under contract at least annually. The HA will
also have a Quality Control Inspector or other qualified HA representative
perform Quality Control Inspections on the number of files required for file
sampling by SEMAP annually, to maintain the HA's required standards and to
assure consistency in the HA's program. This Chapter describes the HA's
procedures for performing HQS and other types of inspections, and HA
standards for the timeliness of repairs. It also explains the responsibilities of
the owner and family, and the consequences of non-compliance with HQS
requirements for both owners and families. The use of the term "HQS" in
this Administrative Plan refers to the combination of both HUD and HA
requirements.
A. GUIDELINES/TYPES OF INSPECTIONS
[24 CFR 982.401(x), 982.405]
The HA has adapted local requirements of acceptability in addition to those
mandated by the HUD Regulations. Efforts will be made at all times to
encourage owners to provide housing above HQS minimum standards. The
HA will not promote any additional acceptability criteria which is likely to
adversely affect the health or safety of participant families, or severely
restrict housing choice.
All utilities must be in service prior to the inspection. If the utilities are not
in service at the time of inspection, the Inspector will notify the tenant or
owner (whomever is responsible for the utilities according to the RTA) to
have the utilities turned on. The Inspector will schedule a re-inspection.
If the tenant is responsible for supplying the stove and/or the refrigerator,
the HA will allow the stove and refrigerator to be placed in the unit after the
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unit has passed all other HQS. The HA will conduct a re-inspection to verify
that the appliances are present and in working condition before executing
the HAP contract. An inspection that does nothave the
pis comp ete ired appliances
in place will be graded inconclusive until the
re-inspection
he
HAP contract can be dated effective the date of nidal, ssedtsinspection
within
if the tenant supplied appliance (stove and/or
the ten days allowance time.
There are five types of inspections the HA will perform:
1. Initial/Move-in: Conducted upon receipt of Request for Tenancy
Approval (RTA).
2. Annual: Must be conducted within twelve months of the last
inspection.
3. Special/Complaint: At request of owner, family or an agency or
third-party.
4. Quality Control
S. Recheck Inspection
B, INITIAL HQS INSIpECTION [24 CFR 982.401(a)]
Timely Initial HQS Inspection
The HA will inspect the unit, determine whether the it isatisfies t e HQS
g
and notify the family and owner of the determination
unless the specialist determines that it is unable to dos 'inthe stated
days appropriately documented.
timeframe, in which case the file will be app p
The HA will make every reasonable effort to ri conduct u from l HQS in spec tion is
for the family andwithin is ready forworking
inspection.
received or the date the unit
The Initial Inspection will be conducted to:
. Determine if the unit and property meet the HQS defined in this
Plana
2. Document the current condition of the unit as t exceeds nassist in fut re
evaluations whether the condition of
the wear and tear.
�M
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3. Document the information to be used for determination of rent-
reasonableness.
If the unit fails the initial Housing Quality Standards inspection, the family
and owner will be advised to notify the HA once repairs are completed.
On an initial inspection, the owner will be given up to 10 calendar days to
correct the items noted as Fail. The owner will be given a copy of the HQS
Summary Repair list. At the inspector's discretion, depending on the nature
and complexity of the work to be done, the Inspector may choose to extend
the time frame for repairs to be completed, not to exceed 30 calendar days.
The inspector will make no more than two (2) re-inspection visits.
If the time period given by the Inspector to correct the repairs has elapsed,
or the maximum number of failed re-inspections has occurred, the family
must select another unit. If the owner wants to rent the property on the
Section 8 Housing Choice Voucher program after the repairs are completed,
a new RTA must be submitted.
C. INSPECTIONS [24 CFR 982.405(a)
The HA conducts an inspection in accordance with Housing Quality
Standards(HQS) at least annually, 1.20 days prior to the family's re-
certification, as required by SEMAP. Special inspections may be scheduled
between anniversary dates.
HQS deficiencies which cause a unit to fail must be corrected by the landlord
unless it is a failed item for which the tenant is responsible. The family is
only responsible for breaches of HQS which are caused by:
1. Non-payment of utilities paid by the family;
2. Not providing, or failing to maintain appliances not provided by
the owner; and
3. Substantial damages to the unit or premises caused by a
household member or guest beyond normal wear and tear.
The family must allow the HA to inspect the unit at reasonable times with
reasonable notice, [24 CFR 982.51. (d)]. Inspection will be conducted on
business days only. Reasonable hours to conduct an inspection are between
8:30 a.m. and 4:30 p.m.
The HA will notify the family in writing at least 1.4 calendar days prior to the
inspection. The family is notified of the date and time of the inspection
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_v. 10.3
appointment by mail, If the family or an adult family representative 18
years of age or older is unable to be present, they must reschedule the
appointment so that the inspection is completed within 30 calendar days of
the original inspection. Inspection appointment rescheduling is approved at
the discretion of the Housing Manager of the Inspection's team.
The family is notified that it is a Family Obligation to allow the HA to inspect
the unit. If the family was responsible for a breach of HQS as identified in
Chapter 15, Denial or Termination of Assistance, "they will be advised of
their responsibility to correct the breach".
If the family misses one (I.) inspection or re-inspection appointments the HA
will consider the family to be in breach of their Family Obligations and their
housing assistance will be terminated in accordance with the termination
procedures in the Plan.
If the unit fails HQS, the unit will be re-inspected 31 to 35 days after the
initial annual inspection date. The family is provided a notice of the re-
inspection appointment by mail. If the family is not at home for the re-
inspection, a Termination of Assistance-Missed Inspection card will be left on
the door, The family must submit in writing a request for an administrative
hearing in order to be scheduled for a non-compliance briefing and a 2nd and
final appointment.
If the unit fails the re-inspection, and the repairs are the owner's
responsibility, the HAP abatement process will begin. If the required repairs
are the tenant's responsibility and the unit fads the re-inspection, the
family's housing assistance may be terminated in accordance with the
termination procedures in the Plan.
Time Standards for Repairs
1. Life-threatening emergency items which endanger the family's
health or safety must be corrected within 24 hours of
notification.
2.. Major repairs must be made within 10 days.
3. For non-emergency items, repairs must be made within 30
days,
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Extensions on the amount of time allowed for a repair to be completed
may be granted for the following reasons.
�. If the repair is due to a missing part that is on order. A
receipt may be requested to verify the order
2. If there is a verifiable medical reason preventing either the
tenant or owner from complying with the repair time line
3. If the repair is delayed due to inclement weather
conditions
4. Other extenuating circumstances which are documented
and verifiable
Time extensions allowed for a repair may only be granted using the above
criteria for repairs that do not seriously endanger the health or safety of the
family,
Rent Adjustments
If the owner/agent has requesters a rental increase, the increase will not be
approved until the unit has passed HQS inspection.
D. SPECIAL/COMPLAINT INSPECTIONS [24 CFR 982.405(c)]
If at any time the family or owner notifies the HA that the unit does not meet
Housing Quality Standards, the HA will conduct an inspection. The HA may
also conduct a special inspection based on information from third parties
such as neighbors or public officials.
The HA will inspect only the items which were reported, but if the Inspector
notices additional deficiencies that would cause the unit to fail HQS, the
responsible party will be required to mare the necessary repairs.
If the annual inspection date is within 120 days of a special inspection, and
as long as all items are inspected that are included in an annual Inspection,
the special inspection will be categorized as annual and all annual procedures
will be followed.
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E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b)3
Qualify Control inspections will be performed by the Lead Specialist on the
number of files required by SEMAP. The purpose of Quality Control
inspections is to ascertain that each inspector is conducting accurate and
complete inspections, and to ensure that there is consistency among
inspectors in application of the HQS.
The sampling of files will include recently completed inspections (within the
prior 3 months), a cross-section of neighborhoods, and a cross-section of
inspectors.
Modifications
Modifications or adaptations to a unit due to a disability must meet all
applicable HQS and building codes.
Extension for repair items not required by HQS will be granted for
modifications/adaptations to the unit if agreed to by the tenant and landlord.
HA will allow execution of the HAP contract if unit meets all requirements
and the modifications do not affect the livability of the unit.
F. EMERGENCY REPAIR ITEMS [24 CFR 982.401(a)3
The following items are examples of things considered to be of an
emergency nature and must be corrected by the owner or tenant (whoever
is responsible) within 24 hours of notice by the Inspector:
1. Emergency or life-threatening items include but are not limited to'.
1. Security: Inoperable window locks(s)
Broken window(s)
Inoperable exterior door lock(s)
2. Severe structural damage:
a. Collapsed walls, floors, ceilings
1 Gas or fume leak
4. Exposed/arcing electrical wirings
5. Severe, exposed broken glass
6. Fully inoperable sole toilet or bath, backed up plumbing
7. Major infestation of Vermin; rats, mice, roaches
S. Inoperable smoke detector
9. Severe discoloration or stain caused by dampness
I.Q. Severe water/roof leak
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If a fife threatening item causes the HAP to be abated, the HA may give a
short extension (not more than 48 additional hours) whenever the
responsible party cannot be notified or it is impossible to repair the violation
within the 24-hour period.
Major interns to be completed with 10 days
1. No PG&E Services*
2. No Water Service*
3. No Garbage Service
4. Fully inoperable stove, oven, or refrigerator
5. Inoperable heater*
6. Non-severe broken glass
7. Non-severe water/roof leak
*If a frail elderly person or a newborn child is present, these could be "life-
threatening" items depending on weather, etc.
If the unit is uninhabitable due to a fire or other natural or manmade
disaster, the contract will be terminated retroactively to the date of the
occurrence.
If the owner is responsible for emergency repairs, and fails to correct all the
deficiencies cited in the original repair letter, the owner will be sent a
Confirmation of Contract Termination. In addition, the rent will be abated
according to the original repair letter.
If emergency repairs are completed before the effective termination date,
the termination will be rescinded by the HA, if the tenant chooses to remain
in the unit; rent abatements, as appropriate, will apply.
If the emergency repair item(s) are not corrected in the time period required
by the HA, and it is an HQS breach which is a Family Obligation, the HA will
terminate the assistance to the family. The owner's payment will not be
abated for the breach of HQS, however, the HAP contract will be terminated
in conjunction with termination of assistance to the family.
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Smoke Detectors
Inoperable smoke detectors are a serious health threat and will be treated
by the HA as an emergency fall item. if the HA determines that the family
has purposely disconnected the smoke detector (by removing batteries or
other means), the family will be required to repair the smoke detector within
24 hours and the HA will re-inspect the unit the following day.
The HA will issue a written warning to any family determined to have
purposely disconnected the unit's smoke detector, The warning will state
that deliberate disconnection of the unit's smoke detector is a health and fire
hazard and is considered a violation of the HQS.
C. CONSEQUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY
ITEMS) [24 CER. 982.40 5, 982,453]
When it has been determined that a unit on the program fails to meet
Housing Quality Standards, and the owner is responsible for completing the
necessary repair(s) in the time period specified by the HA, the assistance
payment to the owner will be abated.
Abatement
A Notice of potential abatement and termination will be included in the
original repair letter sent to the owner, and the abatement will be effective
from the day after the due date for repair completion. The allowed time for
repairs to be completed without abatement is generally 30 calendar days,
depending on the nature of the repair(s) needed.
The HA will re-inspect abated units within 10 calendar days of the owner's
notification that the work has been completed. If the owner makes repairs
during the abatement period, payment will resume on the clay the unit was
repaired, as verified by HA re-inspection. The family will be notified of the
re-inspection date.
No retroactive payments will be made to the owner for the period of time the
rent was abated and the unit did not comply with NQS, The notice of
abatement states that the tenant is not responsible for the HA`s portion of
rent that is abated.
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Termination of Contract
If the owner is responsible for repairs and fails to correct all the deficiencies
cited in the original repair letter, the owner will be sent a confirmation of
Contract Termination. In addition, the rent will be abated according to the
original repair letter.
If repairs are completed before the intended termination date, the
termination will be rescinded by the HA if the tenant chooses to remain in
the unit; rent abatements, as appropriate, will apply.
H. DETERMINATION OF RESPONSIBILITY [24 CFR 982.404,
982.54(d)(I4)]
Certain HQS deficiencies are considered the responsibility of the family:
1. Tenant-paid utilities not in service
2. Failure to provide or maintain family-supplied appliances
3. Damage to the unit or premises caused by a household member
or guest beyond normal wear and tear
4. Housekeeping issues
"Normal wear and tear" is defined as items which could not be charged
against the tenant's security deposit under state law or court practice.
The owner is responsible for all other HQS violations.
If the family is responsible but the owner carries out the repairs, the owner
will be encouraged to bill the family for the cost of the repairs and the
family's file will be noted.
I. CONSEQUENCES IF FAMILY IS RESPONSIBLE FOR HQS
VIOLATIONS [24 CFR 982.404(b))
If emergency or nonemergency violations of HQS are determined to be the
responsibility of the family, the HA will require the family make any repair(s)
or corrections within the timeline given (as outlined by this Chapter). If the
repair(s) or correction(s) are not made in this time period, the HA will
terminate assistance to the family, after providing an opportunity for an
informal hearing. Extensions in these cases must be approved by Housing
Manager of the Inspection's team. The owner's rent will not be abated for
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items that are the family's responsibility. If the tenant is responsible and
corrections are not made, the HAP Contract will terminate when assistance is
terminated.
3. ACCEPTABILITY CRITERIA AND ADDITIONS TO HQS
[24CFR 982.401 (a)]
The HA adheres to the acceptability criteria in the program regulations and
HUD Inspection Booklet with the additions described below.
Addition to HQS:
Smoke Detectors for persons with hearing disabilities:
One smoke detector for the hearing impaired will be required or each
hearing impaired person in the household, and must meet the
following criteria:
1. 177 candela strobe light
2. 85 decibel (DBA)
3. Must be located within the bedroom of the hearing
impaired person and hardwired to the primary smoke
detector.
The HA will accept landlord or tenant certification that the appropriate
criteria have been meet.
Doors: The unit cannot have double key dead bolt locks on any door.
Security: Each main swinging entry door of a dwelling unit must have
an operable single cylinder dead bolt lock. These doors include any
exterior door that will allow access o � unit (front door,
� c
the door from the unit to the grge �nany doors that allow direct
access to the unit)
Windows: If window security exits window, they must be equipped with aars or security screens are present or., n
bedroom or an emergency
operable quick release system. The owner is responsible for ensuring
that the family is instructed on the use of the quick release system.
Bedrooms: Bedrooms in basements or attics are not allowed unless
they meet local code requirements and must have adequate ventilation
Housing Authority of the County of Contra Costa 4/2004-05 Admin P10-n
i0-i0
and emergency exit capability. Verification with regard to local code
requirement may be requested. Closets are required in bedrooms.
Modifications for persons with disabilities: Modifications or adaptations
to a unit due needed for a disability must meet all applicable HQS.
Water Heater Discharge Pipes: Discharge pipes must be within 6
inches of the floor. Discharge pipes must be made of rigid pipe
material i.e. -3/4" diameter copper, galvanized or CPVC pipe '(not garden
hose or thin plastic pipe or flex line). Local code should be followed to
ensure overall water heater safety. (Owners should check with Building
Code Department for specific details).
Pools and/or water features/amenities: Pools and/or water
features/amenities should not be empty or create unsafe conditions for
the family. The HA may request that a fence be built around the pool
or other safety devices be installed (per established local building
codes) to ensure the safety of small children and/or disabled persons.
Fences: For safety reasons, owners may be requested to install, repair
or remove a fence.
Stairs: Four or more consecutive stairs require a handrail.
Vehicles: Abandoned, unregistered or inoperable vehicles on the
premises of the unit must be removed, repaired and/or licensed and in
running order.
Mail boxes: Each unit must have its own official mailbox where the
U.S. Postal Service officially delivers mail.
Utility Meters: Each unit must have individual meters to measure the
family's consumption if they are to be responsible for paying certain
utilities, namely, water and electricity.
The owner will be responsible for paying all utilities for units with
centralized meters. Large complexes that have centralized meters and
have a Consumption Calculation plan for each resident and bill the
resident individually are viewed as individual meters. Such
Consumption Calculation plan must be provided to the HA at the time
of the initial process.
Garages: Garage must be part of the rental residence. Owners are
not allowed to store their belongings unless the garage has been
converted into a separate dwelling unit.
Housing Authority of the County of Contra Costa
4/2004-05 Admin "ion
Chapter 11
OWNER RENTS, RENT REASONABLENESS, AND
PAYMENT STANDARDS
[24 CFR 982.505, 982.503, 982.504, 982.505)
INTRODUCTION
The policies in this chapter reflect the amendments to the HUD regulations,
which were implemented by the Quality Housing and Work Responsibility
Act (Q!• HRA) of 1998 for the Section 8 Tenant-Based Assistance Program.
These amendments became effective on October 1, 1999, which is referred
to as the `merger date". These amendments complete the merging of the
Section 8 Certificate and Voucher Programs into one program, called the
Section 8 Housing Choice Voucher Program.
In accordance with the regulations, for these Section 8 participant families
where there is a HAP Contract in effect entered into prior to October 1,
1999, the HA will continue to uphold the rent calculation methods of the pre-
merger Regular Certificate, OI=TO, and Voucher tenancies until the 2"d
regular reexamination of family income and composition following the
"merger date".
However, all new leases, moves and new admissions taking effect on or after
October 1, 1999 will be subject to the regulations of the new Section 8
Housing Choice Voucher Program.
The HA will determine rent reasonableness in accordance with
[24 CFR 982.507(x)]. It is the HA`s responsibility to ensure that the rents
charged by owners :are reasonable based upon unassisted comparabies in
the rental market, using the criteria specified in [24 CFR 982.507(b)].
This Chapter explains the HA"s procedures for determination of rent-
reasonableness, payments to owners, adjustments to the Payment
Standards, and rent adjustments.
Housing Authority of the County of Contra Costa
4j2004-05 Admin P;ar,
A. RENT TO OWNER. IN THE SECTION 8 HOUSING CHOICE
VOUCHER PROGRAM
The Rent to Owner is limited only by rent reasonableness. The HA must
demonstrate that the Rent to Owner is reasonable in comparison to rent for
other comparable unassisted units.
The only other limitation on rent to owner is the maximum rent standard at
initial occupancy [24 CFR 982.508]. At the time a family initially receives
tenant-based assistance for occupancy of a dwelling unit, whether it is a new
admission or a move to a different unit, the family's share may not exceed 40
percent of the family's monthly adjusted income if the Lease rent exceeds the
applicable payment standard.
During the initial term of the lease, the owner may not raise the rent to the
tenant.
B. MAKING PAYMENTS TO OWNERS [24 CFR 982.451]
Once the HAP Contract is executed, the HA begins processing payments to
the landlord. The effective date and the amount of the HA payment is
communicated to the Finance Department via computer transactions and
written authorizations. A HAP Register will be used as a basis for monitoring
the accuracy and timeliness of payments. Checks are disbursed by the
Finance Department to the owner each month.
Checks may not be picked up by the owner at the HA.
Regular Monthly HAP checks will be disbursed no later than the fifth day of
the month.
However, in the case of New Contracts, the first payment will be mailed
approximately 3-4 weeks after all required documents are completed and
signed by the owner/tenant and received and approved by the HA.
Checks that are not received will not be replaced until a request has been
received from the payee and a stop payment has been put on the check.
After verifying with the bank that the check is outstanding, another check
will be issued with the next check run.
All HAP checks are subject to prior receipt of funds from HUD.
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11-2
Late Payment to Owners
The HA will not be obligated to pay any late payment penalty if HUD
determines that late payment is due to factors beyond
the HAhe tw house 1, such
as a delay in the receipt of program funds from H
administrative fee income or the administrative
anrogr m funds for the
le fee
source
for late payment penalty. The HA will no y P
payment of late fee penalties to the owner.
Excess Payments
The total of rent paid by the tenant plus the HA housingassistancepayment
to the owner may not be more than the contract rent, The owner
ust
immediately return any excess payment to the os outlined o the oOwner
return excess payments will be subject to penalties a
or Family Debts to the HA" chapter of this Administrative Plan.
C. RENT REASONABLENESS DETERMINATIONS
[24 CFR 982.5073
The HA will determine and document on a case-by-case basis hat the
approved rent is reasonable in comparison
to rent for other unassisted units in the market. This applies to all programs.
Rent reasonableness determinations are made when units
are al piacee du under
HAP Contract for the first under
de
tnthe Choice owners
voucher Pgram.request
cher
contract rent adjustments
For the Choice Voucher Programs, the HA will determine and document on a
case-by-case basis that the approved rent;
1. Does not exceed rents currently charged by the same same building owner
for an
equivalent assisted or unassisted
unit in complex; and
2. Is reasonable in relation to rents currently charged by other owners
for comparable units in the unassisted market.
At leap ,, possil , The HAill
arable 2 com arable units will be used for each rent determine iow, oone of
which must be from the first cate minesbthatlthenitiael ren to owner is a
approve a lease until the HA de
;-lousing Authority of the County of Contra Costa 4/2004-05 Admin Plan
reasonable rent. The HA must re-determine the reasonable rent before any
increase in the rent to owner, and if there is a five percent decrease in the
published FMR in effect 60 days before the contact anniversary (for the unit
size anted by the family) as compared with the FMR in effect one year
before the contract anniversary.
The HA must re-determine rent reasonableness if directed by HUD and based
on a need identified by the HA`s auditing system. The HA may elect to re-
determine rent reasonableness at any other time. At all times during the
assisted tenancy, the rent to owner may not exceed the reasonable rent as
most recently determined or re-determined by the HA.
The owner will be advised that by accepting each monthly housing assistance
payment s/he will be certifying that the rent to owner is not more than rent
charged by the owner for comparable unassisted units in the premises.
If requested, the owner must give the HA information on rents charged by
the owner for other units in the premises or elsewhere within proximity of
the assisted unit.
The data for other unassisted units will be gathered from newspapers,
Realtors, professional associations, inquiries of owners, market surveys, the
Internet and other available sources.
The market areas for rent reasonableness are within the HA's jurisdiction.
Subject units within e defined housing market area will be compared to
similar units within the same area.
The following facts may be used for rent reasonableness documentation:
1. Square Footage
2. Number of Bedrooms
3. Facilities
4. Location
5. Number of Bathrooms
6. Quality
7. Amenities
8. Date Built
9, Unit Type
1O.Management and Maintenance Services
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The HA maintains an automated database which includes data on unassisted
units for use by staff in making rent reasonableness determinations per HA
procedure, The data is updated on an ongoing basis.
The HA uses an "appraisal" method and tests the subject unit against
selected units in the same area with similar characteristics using automation
to identify the average rent for units of like size and type within the same
market area. Adjustments are made for favorable and unfavorable
differences between the subject unit and the comparables. Amenities, unit
condition, services, and facilities are evaluated when determining rent
reasonability.
D. PAYMENT STANDARDS FOR THE VOUCHER PROGRAM
[24 CFR 982.5031
The Payment Standard is initially set by the HA at the Fair Market Rent in
effect at the time the Annual Contributions Contract for the first increment of
Voucher funding is approved by HUD. The payment Standard is used to
determine the maximum subsidy which can be paid by the HA on behalf of
the family.
The Payment Standard is used to calculate the housing assistance payment
for a family. In accordance with HUD regulation, and at the HA`s discretion,
the Voucher Payment Standard amount is set by the HA between 90 percent
and 1.1.0 percent of the HUD published FMR. This is considered the basic
range.
The HA reviews the appropriateness of the Payment Standard annually when
the FMR is published. In determining whether��always within the rangee is dof 90 HA
will ensure that the Payment Standard
percent to 110 percent of the new FMR, unless an exception payment
standard has been approved by HUD.
The HA will establish a single voucher payment standard amount for each
FMR area in the HA jurisdiction. For each FMR area, the HA will establish
payment standard amounts for each "unit size". The HA may have a higher
payment standard within the HA`s jurisdiction if needed to expand housing
opportunities outside areas of minority or po e FMR range.concentration, as long as
the payment standard is within the 90
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The HA may approve a nigher payment standard within the basic range, if
required as a reasonable accommodation for a family that includes a person
with disabilities.
Lowering of the Payment Standard
Lowering of the FMR may require an adjustment of the Payment Standard.
Additionally, statistical analysis may reveal that the Payment Standard
should be lowered. In any case, the Payment Standard will not be set
below gQ percent of the FMR without authorization from HUD.
E. AD]USTMENTS TO PAYMENT STANDARDS [24 CFR 982.5013]
Payment Standards may be adjusted, within HU® regulatory limitations, to
increase Housing Assistance Payments in order to keep families` rents
affordable. The HA will not raise Payment Standards solely to make "high
end" units available to Voucher holders. The HA may use some or all of the
measures below in making its determination whether an adjustment should
be made to the Payment Standards.
Assisted Families' Rent Burdens
If it is determined that particular unit sizes in the HA's jurisdiction have
payment standard amounts that are creating rent burdens for families, the
HA will modify its payment standards for those particular unit sizes.
The HA will increase its payment standard within the basic range for those
particular unit sizes to help reduce the percentage of annual income that
participant families in the HA's jurisdiction are paying.
The HA will establish a separate voucher payment standard within the basic
range for designated parts of its jurisdiction, if it determines that a higher
payment standard is needed in these designated areas to provide families
with quality housing choices and to give families an opportunity to move
outside areas of high poverty and low income.
Quality of Units Selected
The HA will review the quality of units selected by participant families when
making the determination of the percent of income families are paying for
housing, to ensure that Payment Standard increases are only made when
needed to reach the mid-range of the market.
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Rent to Owner Adjustments
The HA may review a sample of the units to determine how often owners are
increasing rents and the average percent of increase by bedroom size. The
sample will be divided into units with and without the highest cost utility
included. A comparison will then be made to the applicable annual
adjustment factor to determine whether owner increases are excessive it
relation to the published annual adjustment factor.
Upon approval of a rental increase, the new contract rent amount will remain
effective for a period of 12 months, owners are eligible to request for rent
increases annually.
Financial Feasibility
Before increasing the Payment Standard, the HA may review the budget to
determine the impact projected subsidy increases would have on funding
available for the program and number of families served. For this purpose,
the HA will compare the number of families who could be served under a
higher Payment Standard with the number assisted under current Payment
Standards.
File Documentation
A file will be retained by the HA for at least three years to document the
analysis and findings to justify whether or not the Payment Standard was
changed
F. EXCEPTION PAYMENT STANDARDS
If the dwelling unit is located in an exception area, the HA must use the
appropriate payment standard amount established by the HA for the
exception area in accordance with regulation [24 CFR 982.503]. The HA has
received HUD approval to establish a payment standard amount that is
higher than the basic range.
Enhanced Vouchers
Statutory changes related to Housing Conversion actions for expiring Project
Based federal assistance contracts under Section 236 or Section 221, "Opt
out Conversions for Expiring Project Based Federal Rental Assistance
Contracts to Tenant Based Assistance".
In 1.999, Congress enacted an Appropriation Act under Title IV, Section 408,
allocating funds for enhanced subsidy payments for qualified, privately held
Housing Authority of the County of Contra Costa 4/2004-05 Admin Dian
11-7
affordable multi-family housing developments, expiring as a result of
prepayment of a mortgage or voluntary termination of a mortgage insurance
contract under [24CFR 248 165].
Families impacted by conversion actions are eligible to receive an enhanced
payment standard while residing in preservation eligible projects. The
enhanced payment standard will be applicable provided the gross rent is
reasonable and exceeds the applicable HA payment standard. Enhanced
voucher assistance will continue as long as the family resides in covered
project.
Families receiving enhanced tenant based assistance have a special statutory
minimum rent requirement. The families' new enhanced voucher minimum
rent will be the greater of:
(A) the percentage of the monthly adjusted income the family paid
for gross rent on the effective date of conversion, or
(8) 30 percent of the family's current adjusted monthly income.
If the, family's income subsequently decreases to a significant extent (15% or
more from the grass family income) the enhanced minimum rent changes
from an actual dollar amount to a specific percentage of income.
Families moving from preservation eligible projects will receive a regular
housing choice voucher.
Oversized unit/Over-housed Family Payment Standard:
The HA issues the eligible family an enhanced voucher based on the HA's
subsidy standards and not the actual size of the unit the family is presently
occupying. If the family wishes to remain in the project but is living in an
oversized unit, the family must move to an appropriate sized unit in the
project if one is available. If an appropriate unit is not available, then the
family must make a good faith effort to locate a unit outside of the project.
If the project does not have an appropriate sized unit available and the
family is unable to locate a unit outside of the project, then the payment
standard is the gross rent of the oversized unit. The HA advises the family
that the enhanced subsidy is based on the oversized unit's rent and it wilt
only be paid for 1 year. Curing the year the family must move to an
appropriate sized unit within the complex. After the initial year of assistance
in the oversized unit, the HA will apply the normally applicable payment
standard in determining the family's housing assistance payment.
Housing Authority of the County of Contra Costa
4/2004-05 Admin Pian
G. OWNER PAYMENT IN THE PRE-MERGER REGULAR
CERTIFICATE PROGRAM [2.4 CFR 9E2.502(d)]
The HUD regulations relating to owner rent adjustments applicable to the
Regular Tenancy Program will be used until the HAP Contract is no longer
effective, which will be no later than the second regular reexamination eof
the
family after the merger date. The HA will notify owners oft 9 to
request a rent adjustment.
Owners must request the rent increase in writing. Any increase will be
effective on the anniversary date of the HAP Contract.
The approval or disapproval decision regarding the adjustment will be based
on HUD-required calculations and a rent reasonableness determination. he
adjustment may be an increase Ddecrease.
lease anddoenot require a notice
s� rene
does not affect the automatic renewal of the
new lease or contract or even an executed amendment.
For terminations of Pre-merger Regular Certificate NAPS, see "Contract
Terminations" Chapter 14.
H. OWNER. PAYMENT IN THE PRE-MERGER OVER FAIRMARKET
2( )1
TENANCY (OFTO) AND VOUCHER PROGRAMS [24 CFR
The HUD regulations relating to owner rent adjustments applicable to the
Over Fair Market Rent Tenancy Program will be used until
the
Contract
is no longer effective, which will be no later than the s regular
reexamination of the family after the merger date.
Housing Authority of the County of Contra Costa 4/2004-05 Admin Nall
1�-9
Chapter 12
RECERTIFICATIONS
[24 CFR 982.5161
INTRODUCTION
In accordance with HUD requirements, the HA will reexamine the income and
household composition of all families at least annually. Families will be
provided accurate annual and interim rent adjustments. Recertifications and
interim examinations will be processed in a manner that ensures families are
given reasonable notice of rent increases. All annual activities will be
coordinated in accordance with HUD regulation. It is a HUD requirement
that families report all changes in household composition. This Chapter
defines the HA`s policy for conducting annual recertifications and
coordinating annual activities. It also explains the interim reporting
requirements for families, and the standards for timely reporting.
A. ANNUAL. ACTIVITIES [24 CFR. 982.51+6, 982.405]
There are three activities the HA must conduct on an annual basis. These
activities will be coordinated whenever possible:
1. Re-certification of Income and Family Composition
2, HQS Inspection
3. Rent to Owner Adjustment following HUD requirements (Regular Tenancy
Vouchers only)
The HA produces a monthly listing of units under contract to ensure that
timely reviews of rent to owner, housing quality, and factors related to Total
Tenant Payment/Family Share can be made. Requests for rent adjustments
and other monetary changes will be transmitted to the Inspections Unit.
Re-examination of the family's income and composition must be conducted
at least annually.
Annual inspections: See "Housing Quality Standards and Inspections,"
Chapter 10.
Rent Adjustments: See "Owner Rents, Rent Reasonableness and Payment
Standards" Chapter 11.
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B. ANNUAL RECERTIFICATION/REEXAMINATION
[24 CFR 982.5161
Families are required to be re-certified at least annually. At the first interim
or annual certification on or after June 19, 1995, family members must
report and verify their U.S. citizenship/eligible immigrant status.
Pre-Merger Reexamination Issues
For all pre-merger tenancies the rent calculation methods will not change
until the effective date of the second regular reexamination of family income
and composition, following the merger date, unless the family moves or
accepts a new lease from the owner.
If there has been an increase in the payment standard prior to the effective
date of the first regular reexamination of a pre-merger Voucher or Over Fair
Market Rent Tenancy Certificate following the merger date, the family will
receive the benefit of the higher payment standard, provided there has not
been a change in family size or composition that would require the HA to
adjust the family unit size.
Moves Between Reexaminations
When families move to another dwelling unit:
An annual re-certification will be scheduled (unless a re-certification
has occurred within the last 4 months and the anniversary date will be
changed.
Income limits are not used as a test for continued eligibility at re-
certification.
Re-examination Notice to the Family
The HA will maintain a re-examination tracking system and the household
will be notified by mail of the date and time for their interview at least 120
days in advance of the anniversary date. If requested as an accommodation
by a person with a disability, the HA will provide the notice in an accessible
format. The HA will also mail the notice to a third party, if requested as
reasonable accommodation for a person with disabilities. These
accommodations will be granted upon verification that they meet the need
presented by the disability.
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Procedure
The HA procedure for conducting annual re-certifications will be:
Mail recertifications notice and packet to the family, and/or schedule
the date and time of appointment for the family and mail a notification
to the family to come in for an interview.
Completion of Annual Re-certification
The HA will have all re-certifications for families completed before the
anniversary date. This includes notifying the family of any changes in rent at
least 30 days before the scheduled date of the change in family rent.
Persons with Disabilities
Persons with disabilities who are unable to come to the HA`s office will be
granted an accommodation by conducting the interview at the person's
home or by mail, upon verification that the accommodation requested meets
the need presented by the disability.
Collection of Information [24 CFR 982.516(f)]
The HA has established appropriate recertification procedures necessary to
ensure that the income data provided by families is complete and accurate.
The HA representative will interview the family and enter the information
provided by the family on the recertification form, review the information
with the family and have them sign the form.
The HA will require the family to complete a Personal Declaration Form prior
to all re-certification interviews.
Requirements to Attend
The following family members will be required to complete the
recertifications packet, and/or attend the recertification interview:
1. The head of household, or
2. The head of household and spouse, or
3. All adult household members
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If the head of household is unable to attend the interview:
The appointment will be rescheduled, or
The spouse may re-certify for the family.
Failure to Respond to Notification to Recertify
The written notification must state which family members are required to
attend the interview. The family may call to request another appointment
date.
If the family does not appear for the re-certification interview, and has not
rescheduled or made prior arrangements with the HA, the HA will not
reschedule a second appointment,
If the family fails to appear for the second appointment, the HA will send the
family notice of termination and offer them an administrative hearing
Exceptions to these policies may be made if the family is able to document
an emergency situation that prevented them from canceling or attending the
appointment or if requested as a reasonable accommodation for a person
with a disability.
Documents Required From the Family
In the notification letter to the family, the HA will include instructions for the
family to bring the following:
1. Documentation of all assets
2. documentation of any deductions/allowances
3. The head of household and each adult family member will
complete a Personal declaration Form.
4. INS documents as needed.
5. The head of household will complete an Income and Asset
Statement.
Verification of Information
The HA will follow the verification procedures and guidelines described in
this
Plan. Verifications for reexaminations must be less than x.20 days
Housing Authority of the county of centra costa 4/2004-05 Admin Pian
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Tenant lent Increase
If tenant rent increases, a thirty day notice is mailed to the family prior to
the scheduled effective date of the annual re-certification.
If less than thirty days are remaining before the scheduled effective date of
the annual re-certification, the tenant rent increase will be effective on the
first of the month following the thirty day notice.
If there has been a misrepresentation or a material omission by the family,
or if the family causes a delay in the reexamination processing, there will be
a retroactive increase in rent to the scheduled effective date of the annual
recertification.
Tenant Rent Decreases
If tenant rent decreases, it will be effective on the anniversary date.
If the 'family causes a delay so that the processing of the reexamination is
not complete by the anniversary date, rent change will be effective on the
first day of the month following completion of the reexamination processing
by the HA.
C. REPORTING INTERIM CHANGES [24 CPR 982.516]
Program participants must report all changes in income and household
composition in writing to the HA within 10 business days. This includes
additions due to birth, adoption and court-awarded custody. The family
must obtain HA approval prior to all other additions to the household.
If any new family member is added, family income must include any income
of the new family member. The HA will conduct a reexamination to
determine such additional income and will make the appropriate adjustments
in the Dousing assistance payment and family unit size.
The U.S. citizenship/eligible immigrant status of additional family members
must be declared and verified as required at the first interim or regular re-
certification after moving into the unit.
Interim Reexamination Policy
The HA will conduct interim re-examinations when families have an increase
in income that exceeds $100.00 a month gross, except for FSS participants.
Families will be required to report all increases in income/assets within thirty
days of the increase.
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An interim will be conducted for increases in income if the family has
previously requested a decrease between annual certifications. Interim
changes that result in an increase in tenant rent will be effective on the first
day of the month after the family has received thirty (30) days notification; of
the change.
D. OTHER INTERIM REPORTING ISSUES
An interim reexamination does not affect the date of the annual re-
certification. The HA may conduct the annual or interim re-certification by
mail:
For changes that will not result in a change in tenant rent or voucher
size, or
As a reasonable accommodation when requested. (See "Statement of
Policies and Objectives" Chapter 1).
Decreases in Income
Participants may request a reduction in tenant rent portion if they have a
decrease in income or other changes which would reduce the amount of
tenant rent, such as an increase in allowances or deductions in writing to the
Housing Authority. The HA must calculate the change if.a decrease in
income is reported, and once all documents have been received to verify the
request.
HA Errors
If the HA makes a calculation error at admission to the program or at an
annual reexamination, an interim re-examination will be conducted, if
necessary, to correct the error, but the family will not be charged
retroactively. Families will be given decreases, when applicable, retroactive
to when the decrease for the change would have been effective if calculated
correctly.
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E. INCOME CHANGES RESULTING FROM WELFARE PROGRAM
REQUIREMENTS
The HA will not reduce the family share of rent for families whose welfare
assistance is reduced specifically because of:
1. fraud; or
2. failure to participate in ars economic self-sufficiency program; or
S. noncompliance with a work activities requirement
However, the HA will reduce the rent if the welfare assistance reduction is a
result of:
The expiration of a lifetime time limit on receiving benefits; or
A situation where the family has complied with welfare program
requirements but cannot or has not obtained employment.
The HA will notify affected families that they have the right to an
administrative hearing regarding these requirements. (See "Verification
Procedures" Chapter 7).
Cooperation Agreements
The HA has taken a proactive approach to culminating an effective working
relationship between the HA and the local welfare agency for the purpose of
targeting economic self-sufficiency programs throughout the community that
are available to Section 8 tenant-based assistance families.
The HA and the local welfare agency have mutually agreed to exchange
information regarding any economic self-sufficiency and/or other appropriate
programs or services that would benefit Section 8 tenant-based assistance
families.
F. NOTIFICATION OF RESULTS OF RECERTIFICATIONS [HUD
Notice PIH 38-5]
The HUD form 50058 will be completed and transmitted as required by HUD.
The Notice of Rent Change is mailed to the owner and the tenant. If the
family disagrees with the rent adjustment, they may request an
administrative hearing.
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G. TIMELY REPORTING OF CHANGES IN INCOME AND ASSETS
[24 CFR 982.516(c)]
Standard for Timely Reporting of Changes
The HA requires that families report interim changes to the HA within 10
days of when the change occurs. Any information, document or signature
needed from the family to verify the change must be provided within 10 days
of the change. If the change is not reported within the required time period,
or if the family falls to provide documentation or signatures, it will be
considered untimely reporting.
Procedures when the Change is Reported in a 'Timely Manner
The HA will notify the family and the owner of any change in the Housing
Assistance Payment to be effective according to the following guidelines:
Increases in the Tenant Rent are effective on the first of the month
following at least thirty days' notice.
Decreases in the Tenant Rent are effective the first of the month
following that in which the change is reported. However, no rent
reductions will be processed until all the facts have been verified, even
if a retroactive adjustment results.
The change will not be made until the third party verification is received.
Procedures when the Change is Not Reported by the Family in a
Timely Manner
If the family does not report the change as described under Timely
Reporting, the family will have caused an unreasonable delay in the interim
reexamination processing and the following guidelines will apply:
1. Increase in Tenant Rent will be effective retroactive to the date it
would have been effective had it been reported on a timely
basis.
2. The family will be liable for any overpaid housing assistance and
may be required to sign a Repayment Agreement or make a
lump sum payment.
3. Decrease in Tenant Rent will be effective on the first of the
month following the month that the change was reported.
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Procedures when the Change is Not Processed by the HA in a Timely
Manner
"Processed in a timely manner" means that the change goes into effect on
the date it should when the family reports the change in a timely manner. If
the change cannot be made effective on that date, the change is not
processed by the HA in a timely manner.
In this case, an increase will be effective after the required thirty clays'
notice prior to the first of the month after completion of processing by the
HA.
If the change resulted in a decrease, the overpayment by the family will be
calculated retroactively to the date it should have been effective, and the
family will be credited for the amount.
H. CHANGES IN VOUCHER :SIZE AS A RESULT OF FAMILY
COMPOSITION CHANGES [24 CFR 982.516(c)]
(See "Subsidy Standards" chapter S.)
I. CONTINUANCE Of ASSISTANCE FOR "MIXED" FAMILIES
[24 CFR 51.518]
Under the Non-citizens Rule, "Mixed" families are families that include at
least one citizen or eligible immigrant and any number of ineligible members.
The Non-citizens rule was implemented prior to November 29, 1996, and
"Mixed" families who were participants as of June 19, 1995, shall continue
receiving full assistance if they meet all of the following criteria:
The head of household or spouse is a U.S. citizen or has eligible
immigrant status; AND
All members of the family other than the head, the spouse, parents of
the head or the spouse, and children of the head or spouse are citizens
or eligible immigrants. The family may change the head of household
to qualify under this provision.
1. MISREPRESENTATION OF FAMILY CIRCUMSTANCES
If any participant deliberately misrepresents the information on which
eligibility or tenant rent is established, the HA may terminate assistance and
may refer the family file/record to the proper authorities for appropriate
tPosition. (See Program Integrity Addendum.)
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Chapter 13
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
[24 CER. 982=314, 982,353, 982r355(a))
INTRODUCTION
HUD regulations permit families to move with continued assistance to
another unit Within the HA's jurisdiction, or to a unit outside of the HA's
jurisdiction under Portability procedures. The regulations also allow the HA
the discretion to develop policies which define any limitations or restrictions
on moves. This Chapter defines the procedures for moves, both within and
outside of, the HA's jurisdiction, and the policies for restriction and
limitations on moves.
A. ALLOWABLE MOVES
A family may move to a new unit with continued assistance if:
1. The assisted lease for the old unit has terminated because the HA
has terminated the HAP contract for owner breach, or the lease was
terminated by mutual agreement of the owner and the family.
2. The owner has given the family a novice to vacate, or has
commenced an action to evict the tenant, or has obtained a court
judgment or other process allowing the owner to evict the family
(unless assistance to the family will be terminated).
3. The family has given proper notice of lease termination (and if the
family has a right to terminate the lease on notice to owner).
4. The family has not issued a notice to move within the past year
(12months).
B. RESTRICTIONS ON MOVES [24 CER 982.3.1.4, 982.552(a)]
Families may not move within the HA's jurisdiction during the initial year of
assisted occupancy, after which moves are limited to one move per twelve-
month period.
Families may be permitted to move outside the HA's jurisdiction under
portability procedures during the initial year of assisted occupancy if the
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receiving HA agrees to absorb the voucher, except for applicants as noted
below.
Families may be permitted to move out of the jurisdiction if the required
balance is paid in full.
The HA will deny permission to move if there is insufficient funding for
continued assistance.
The HA will deny permission to move if:
The family has violated a Family Obligation
The family owes the HA money. The exception may be that if the
family's repayment agreement is not in arrears, the HA may allow the
move or
The family has not complied with the terms of the HAP contract/Lease
The Housing Choice Manager or Lead Housing Assistant may make
exceptions to these restrictions if there is an emergency reason for the move
over which the participant has no control.
Exception will be that families that are current of the arrears may be granted
to move. Families that have not made an attempt to pay off debt will be
denied permission to move.
Exception for Applicants:
Effective 3anuary 1, 1998, the Housing Authority does not allow portability
for initial eligibility applicants if they are living outside Contra Costa County
at the time they registered on the waiting list. These applicants are now
required to reside in Contra Costa County for the first year of their
participation in the program.
Applicants who five in Contra Costa County at the time of their waiting list
registration may request and utilize portability the first year upon receiving
subsidy.
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C. PROCEDURE FOR MOVES [24 CFR 982.3143
Issuance of Voucher
Subject to the restrictions on moves, if the family has not been re-certified
within the last 6 months, the HA will issue the voucher to move after
conducting the re-certification as soon as the family requests the move.
If the family does not locate a new unit, they may remain in the current unit
so long as the owner permits and a new HAP contract and lease is executed.
The annual re-certification date will be changed to coincide with the new
lease-up date.
Notice Requirements
The family must give the owner the required number of days written notice
of intent to vacate specified in the lease and must give a copy to the HA
simultaneously.
For units under a Certificate HAP contract effective before October 2, 1995, if
the family vacates the unit without proper notice in writing to the owner, the
family will be responsible for any vacancy loss paid by the HA.
Time of Contract Change
A move within the same building or project, or between buildings owned by
the same owner, will require an inspection. Resit reasonableness
determination and an execution of a new HAP contract and lease.
In a move, assistance stops at the old unit at the end of the month in which
the tenant ceased to occupy, unless proper notice was given to end a lease
midmonth. Assistance will start on the new unit on the effective date of the
lease and contract.
D. PORTABILITY [24 CFR 982.353]
Portability applies to families moving out of or into the HA`s jurisdiction
within the United Mates and its territories.
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E. OUTGOING PORTABILITY [24 CFR 982.353, 983.3551
Within the limitations of the regulations and this policy, a participant family
has the right to receive tenant-based voucher assistance to lease a unit
outside the HA's jurisdiction, anywhere in the United States, in the
jurisdiction of a HA with a tenant-based program.
When a family requests to move outside of the HA`s jurisdiction, the request
must specify the area to which the family wants to move. If there is more
than one HA in the area in which the family has selected a unit, the HA will
choose the receiving HA.
Restrictions on Portability
Applicants
If neither the head nor spouse had a domicile (legal residence) in the HA`s
jurisdiction at the date of their initial application for assistance, the family
will not be permitted to exercise portability upon initial issuance of a
voucher.
Upon initial issuance of a voucher the family must be income eligible under
the receiving HA income limits during the initial 12-month period after
admission to the program.
Participants
After an applicant has leased-up in the jurisdiction of the initial housing
agency, they cannot exercise portability during the first year of assisted
occupancy, except in the following circumstances.
The receiving HA and the initial HA agree to allow the move.
The receiving HA agrees to absorb the voucher. This requirement is
dependant upon available funding
The HA will not permit families to exercise portability:
1. If the family is in violation of a family obligation, or
2. If the family owes money to the HA, or
3. If the family has moved out of its assisted unit in violation of the
lease.
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F. INCOMING PORTABILITY [24 CFR 982.354, 982.3155]
Absorption or Administration
The HA will accept a family with a valid Voucher from mother jurisdiction
and administer or absorb the Voucher. If administering, the family will be
issued a "Portable" Voucher by the HA. The term of the voucher will not
expire before the expiration date of any initial HA voucher. The family must
submit a request for approval of tenancy for an eligible unit to the receiving
HA during the term of the receiving HA voucher. The receiving HA may
grant extensions in accordance with this Administrative Plan. However, if
the Family decides not to lease-up in the HA`s jurisdiction, they must contact
the initial HA to request an extension.
The HA may absorb all incoming portable families provided that there is
funding available. When the HA does not absorb the incoming Voucher, it
will administer the Initial HA's Voucher and the receiving HA`s policies will
prevail.
For admission to the program a family must be income eligible in the area
where the family initially leases a unit With assistance under the program.
The receiving HA does not re-determine eligibility for a portable family that
was already receiving assistance in the initial HA Section 8 tenant-based
program.
The HA will issue a "Portability Voucher" according to its own Subsidy
Standards. If the Family has a change in family composition which would
change the voucher size, the HA will change to the proper size based on its
own Subsidy Standards.
Incoming portability applicants/all adult members over the age 18 will be
screened by National Tenant Network for drug-related activity and other
criminal activity.
Income and Total Tenant Payment of Incoming Portables
[982.353(d))
As receiving HA, the HA will conduct a re-certification interview to verify the
information provided.
If the HA conducts a re-certification of the family it will not cause a delay in
the issuance of a voucher.
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If the family's income is such that a $0 subsidy amount is determined prior
to lease-up in the HA's jurisdiction, the HA will refuse to enter into a contract
on behalf of the family at $0 assistance.
Requests for ,Approval of Tenancy
A briefing will be mandatory for all portability families. When the Family
submits a Request for Tenancy Approval, it will be processed using the HA's
policies. If the Family does not submit a Request for Tenancy Approval or
does not execute a lease, the Initial HA will be notified within 30 days by the
HA.
If the Family leases up successfully, the HA will notify the Initial HA within 30
days, and the billing process will commence.
The HA will notify the initial HA if the family fails to submit a request for
approval of tenancy for an eligible unit within the term of the voucher.
If the HA denies assistance to the family, the HA will notify the Initial! HA
within 30 days and the family will be offered a review or hearing.
The HA will notify the family of its responsibility to contact the Initial HA if
the Family wishes to move outside the HA's jurisdiction under continued
portability.
Regular Program Functions
The HA will perform all program functions applicable the tenant-based
assistance program, such as:
1. Annual reexaminations of family income and composition;
2. Annual inspection of the unit, and
3. Interim Examinations when requested or deemed necessary by
the HA
Terminations
The HA will notify the Initial HA in writing of any termination of assistance
within 30 gays of the termination. If an Administrative Hearing is required
and requested by the Family, the hearing will be conducted by the HA, using
the regular hearing procedures included in this Plan. A copy of the hearing
decision will be furnished to the Initial HA.
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The Initial HA will be responsible for collecting amounts owed by the Family
for claims paid and for monitoring repayment. If the Initial HA notifies the
HA that the Family is in arrears or the Family has refused to sign a Payment
Agreement, the HA will terminate assistance to the family.
Required Documents
As Receiving HA, the HA will require the documents listed on the HU
Portability Billing Form from the Initial HA.
Billing Procedures
As Receiving HA, the HA will bill the Initial HA initially and when changes
occur for Housing Assistance Payments, and other amounts, including
Administrative Fees and Special Claims.
The HA will bill 100% of the Housing Assistance Payment, 100% of Special
Claims and 800/6 of the Administrative Fee (at the Initial HA`s rate) for each
"Portability" Voucher leased as of the first day of the month.
The HA will notify the Initial HA of changes in subsidy amounts and will
expect the Initial HA to notify the HA of changes in the Administrative Fee
amount to be billed,
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Chapter 14
CONTRACT TERMINATIONS
[24 CFR 982»311, 982.314]
INTRODUCTION
The Housing Assistance Payments (HAP) Contract is the contract between
the owner and the HA which defines the responsibilities of both parties, This
Chapter describes the circumstances under which the contract can be
terminated by the HA and the owner, and the policies and procedures for
such terminations.
A. CONTRACT TERMINATION [24 CFR 9$2.311]
The term of the HAP Contract is the same as the term of the lease. The
Contract between the owner and the HA may be terminated by the HA, or by
the owner or tenant terminating the lease.
No future subsidy payments on behalf of the family will be made by the HA
to the owner after the month in which the Contract is terminated. The
owner must reimburse the HA for any subsidies paid by the HA for any
period after the contract termination date.
If the family continues to occupy the unit after the Section 8 contract is
terminated, the family is responsible for the total amount of rent due to the
owner. The owner will have no right to claim compensation from the HA for
vacancy loss under the provisions of Certificate HAP contracts effective
before October 2, 1995.
After a contract termination, if the family meets the criteria for a move with
continued assistance, the family may lease-up in another unit, The contract
for the new unit may begin during the month in which the family moved
from the old unit.
B. TERMINATION BY THE FAMILY - MOVES
[24 CFR 982.314(c)(2)]
Family termination of the lease must be in accordance with the terms of the
lease. The notice period to the landlord is determined by the lease, but may
not be less than 30 days nor exceed 60 days.
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C. TERMINATION OF TENANCY BY THE OWNER EVICTIONS
[24 CFR +982.3100 982.4551
If the owner wishes to terminate the lease, the owner is required, under the
lease, to provide proper notice as Mated in the lease. The owner must
provide the HA with a copy of the notice.
The Owner must provide the tenant a written notice specifying the grounds
for termination of tenancy, at or before the commencement of the lease
termination. The notice may be included in, or may be combined with any
owner eviction notice to the tenant.
The owner notice means a notice to vacate, or a summons and complaint, or
other initial legal pleading used under State or local law to commence lease
termination.
The contract and lease require that the owner may only terminate the lease
for the following reasons:
1. Serious or repeated violation of the terms and conditions of the
lease.
2. Violation of Federal, State or local law that imposes obligations
on the tenant in connection with the occupancy or use of the
premises.
3. Other good cause, including
• Criminal activity by the tenant, any member of the household,
a guest or another person under the tenant's control that
threatens the health, safety or right to peaceful enjoyment of
the premises by the other residents, or persons residing in
the immediate vicinity of the premises.
• Any drug-related criminal activity on or near the premises,
• Tenant history of disturbance of neighbors, destruction of
property, or behavior resulting in damage to the premises.
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4. Other good cause, after the first year of the lease, includes;
• Business or economic reason for regaining possession of the
unit.
• Owner's desire to repossess the unit for personal use.
• Tenant's refusal to accept offer of a new lease.
Housing assistance payments are paid to the owner under the terms of the
HAP Contract. If the owner has begun lease termination action and the
family continues to reside in the unit, the HA will make housing assistance
payments to the owner until the owner has obtained a court judgment or
other process allowing the owner to evict the tenant.
The HA will continue housing assistance payments until the family moves or
is evicted from the unit. Such payments may be held pending verification of
the termination date.
If the action is finalized in court, the owner must provide the HA with legal
documentation, including notice of the lockout date.
The HA must continue making housing assistance payments to the owner in
accordance with the Contract as long as the tenant continues to occupy the
unit and the Contract is not violated. By endorsing the monthly check from
the HA, the owner certifies that the tenant is still in the unit and s/he is in
compliance with the contract.
If the termination is not due to a serious or repeated violation of the lease,
and if the HA has no other grounds for termination of assistance, the HA will
issue a new certificate or voucher so that the family can move with
continued assistance.
D. TERMINATION OF THE CONTRACT BY HA
[24 CFR 982.404(a), 982.453, 982.454, 982.552(x)(3)]
The term of the HAP contract terminates when the lease terminates, when
the HA terminates program assistance for the family, and/or when the owner
has breached the HAP contract.
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Any of the following actions will be considered a breach of contract by the
owner:
1. The owner has violated any obligation under the HAP contract for
the dwelling unit, including the owner's obligation to maintain the
unit to HQS standards, including any standards the HA has adopted
in this policy.
2. The owner has violated any obligation under any other housing
assistance payments contract under Section 8 of the 1957 Act (42
U.S.C. 1427f).
3. The owner has committed fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program.
4. The owner has engaged in drug trafficking.
5. The owner has engaged in or threatened abusive or violent behavior
toward HA staff.
"Abusive or violent behavior toward HA personnel" includes verbal as well as
physical abuse or violence. Use of expletives that are generally considered
insulting, racial epithets, or other language, written or oral, that is
customarily used to insult or intimidate, may be cause for termination or
denial of assistance.
"Threatening" refers to oral or written threats or physical gestures that
communicate an intent to abuse or commit violence against a person.
The HA may also terminate the contract if:
• The HA terminates assistance to the family.
• The family is required to move from a unit when the subsidy is too
big for the family size (pre-merger Certificate Program) or the unit
does not meet the HQS space standards because of an increase in
family size or a change in family composition (Certificate and
Voucher Programs).
• Funding is no longer available under the ACC.
The contract will terminate automatically if 180 days have passed since the
last housing assistance payment to the owner.
Termination of Pre-merger Certificate HAPS [24 CPR 982-SO2(d)
The HA must terminate program assistance under any outstanding HAP
contract for a regular tenancy under the pre-merger certificate program at
the effective date of the second regular reexamination of family income and
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composition on or after the merger date. At such termination of assistance,
the HAP contract will automatically terminate. The HA will give the owner
and family at least 120 days written notice of such termination. The HA will
offer the family the opportunity for continued tenant-based assistance under
the voucher program.
Any OFTTO tenancy HAP contract entered into prior to the merger date will
automatically be considered as a tenancy under the Voucher program. Such
tenancies will be subject to the requirements of the voucher program,
including calculation of the Housing Assistance Payment. However, as stated
earlier in this section, pre-merger HAP calculations will remain applicable
until the effective date of the second regular reexamination of family income
and composition on or after the merger date.
Notice of Termination
When the HA terminates the HAP contract under the violation of HQS space
standards, the HA will provide the owner and family written notice of
termination of the contract, and the HAP contract terminates at the end of
the calendar month that follows the calendar month in which the HA gives
such notice to the owner.
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Chapter 15
DENIAL OR TERMINATION Of ASSISTANCE
[24 CFR 982.852, 982.583}
INTRODUCTION
UCTION
The HA may deny or terminate assistance fora family because of the
family's action .or failure to act. The HA will provide families with a written
description of the Family Obligations under the program, the grounds under
which the HA can deny or terminate assistance, and the HA's informal
hearing procedures. This Chapter describes when the HA is required to deny
or terminate assistance, and the HA's policies for the denial of a new
commitment of assistance and the grounds for termination of assistance
under an outstanding HAP contract.
A. GROUNDS FOR DENIAL/'TERMINATION
[24 CFR 982.S52, 982.553)
If denial or termination is based upon behavior resulting from a disability,
the HA will delay the denial or termination in order to determine if there is
an accommodation, which would negate the behavior resulting from the
disability.
Farm of Denial/Termination
Denial of assistance for an applicant may include any or all of the following:
• Denial for placement on the HA waiting list
• Denying a voucher or withdrawing a certificate or voucher
• Refusing to enter into a HAP contract or approve a tenancy
• Refusing to process or provide assistance under portability
procedures
Termination of assistance for a participant may include any or all of the
following:
• Refusing to enter into a HAP contract or approve a tenancy
• Terminating housing assistance payments under an outstanding
HAP contract
• Refusing to process or provide assistance under portability
procedures
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Mandatory Denial and Termination [24 CFR 982.552(b) (10)(d)]
The HA must deny assistance to applicants, and terminate assistance for
participants:
• If any member of the family fails to sign and submit HUD or HA
required consent forms for obtaining information.
• If no member of the family is a U.S. citizen or eligible immigrant.
(See Section D)
• If the family is under contract and 180 days (or 12 months,
depending on the HAP contract used) have elapsed since the
HA's last housing assistance payment was made. (See "Contract
Terminations" Chapter 14.)
The HA must permanently deny assistance to applicants, and terminate the
assistance of persons convicted of manufacturing or producing
methamphetamine, which is in violation of many Federal and/or State laws.
I€ any member of the family has been evicted from federally assisted
housing for a serious violation of the lease, the HA must deny admission for
one year after the eviction occurred.
The HA must terminate program assistance for a family evicted from housing
assisted under the Policy Procedure program for serious violation of the
lease.
The HA must deny admission to the program for an applicant or terminate
program assistance for a participant if any member of the family fails to sign
and submit consent forms for obtaining information in accordance with Part
5, subparts B and F.
The HA must deny admission or terminate assistance when required under
the regulations to establish citizenship or eligible immigration status.
if any member was evicted from assisted housing within the past three
years, unless the HA determines the conditions resulting in the eviction no
longer exist, as described in the following section.
• If any member was convicted for the manufacture or production of
methamphetamine while in federally assisted housing.
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• If any member of the household is subject to a lifetime registration
requirement under a State sex offender registration program.
Grounds for Denial or Termination of Assistance [24 CFR 98.2.552(c)]
The HA will deny program assistance for an applicant, or terminate program
assistance for a participant, for any of the following reasons:
• The family violates any family obligation under the program as
listed in [24 CFR 982..5511.
• If any member of the family has ever been evicted from public
housing or Section 8 Housing Choice Voucher housing.
• If any HA has ever terminated assistance under the program for
any member of the family.
• If any member of the family commits fraud, bribery or any other
corrupt or criminal act in connection with any federal housing
program.
• The family currently owes rent or other amounts to the HA or to
another HA in connection with Section 8 or public housing
assistance under the 1937 Act.
• If the family has not reimbursed any HA for amounts paid to an
owner under a HAP contract for rent, damages to the unit, or
other amounts owed by the family under the lease.
• The family breaches an agreement with a HA to pay amounts
owed to a HA, or amounts paid to an owner by a HA. The HA at
its discretion may offer the family the opportunity to eater into a
repayment agreement. The HA will prescribe the terms of the
agreement. (See "Repayment Agreements" Chapter 17.)
• If the family fails to fulfill its obligation under the Section 8
welfare-to-work voucher program.
• if the family has engaged in or threatened abusive or violent
behavior toward HA personnel, "Abusive or violent behavior
towards HA personnel" includes verbal as well as physical abuse
or violence. Use of expletives that are generally considered
insulting, racial epithets, or other language, written or oral, that
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is customarily used to insult or intimidate, may be cause for
termination or denial.
"Threatening"' refers to oral or written threats or physical
gestures that communicate an intent to abuse or commit
violence.
Actual physical abuse or violence will always be cause for
termination.
Any member of the family whose drug or alcohol abuse interferes with the
health, safety or peaceful enjoyment of other project residents. Crime by
Family Member (See One Strike policy section below.)
If any member of the family commits drug-related criminal activity, or
violent criminal activity. (See ane-strike policy below and 982.553 of the
regulations)
Refer to "Eligibility for Admission" Chapter 2, "Other Criteria for Admission"
section for further information.
B. "ONE STRIKE" POLICY
Purpose
All federally assisted housing is intended to provide a place to live and raise
families, not a place to commit crime, to use or sell drugs or terrorize
neighbors. It is the intention of the Housing Authority of the County of
Contra Costa to fully endorse and implement a policy designed to:
• Help create and maintain a safe and drug-free community
• Keep our program participants free from threats to their personal
and family safety
• Help maintain an environment where children can live safely,
learn and grow up to be productive citizens
• Assist families in their vocational/educational goals in the pursuit
of self-sufficiency
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t
Y'
Administration
All screening and termination of assistance procedures shall be administered
fairly and in such a way as not to violate rights to privacy or discriminate on
the basis of race, color, nationality, religion, familial status, disability, sex or
other legally protected groups.
To the maximum extent possible, the HA will involve other community and
governmental entities in the promotion and enforcement of this policy.
Screening of Applicants
In an effort to prevent future drug-related and other criminal activity, as well
as other patterns of behavior that pose a threat to the health, safety or right
to peaceful enjoyment of the premises by other residents, and as required
by the Notice 95627, the HA will endeavor to screen applicants as thoroughly
and fairly as possible. This includes but is not limited to National Crimes and
Information Computer (NCTC).
Such screening will apply to any member of the household who is 18 years
of age or older.
HUD Definitions
Drug-Related Criminal Activity is the illegal manufacture, sale,
distribution, use or possession with intent to manufacture, sell, distribute or
use a controlled substance. Drug-related criminal activity means on or near
the premises.
Violent criminal activity includes any criminal activity that has as one of
its elements the use, attempted use, or threatened use of physical force
against a person or property, and when the activity is being engaged in by
any family member.
Standard for Violation The HA will deny participation in the program to
applicants and terminate assistance to participants in cases where the HA
determines there is reasonable cause to believe that the person is illegally
using a controlled substance, or if the person abuses alcohol in a way that
may interfere with the health, safety or right to peaceful enjoyment of the
premises by other residents, including cases where the HA determines that
there is a pattern of illegal use of a controlled substance or pattern of alcohol
abuse.
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The HA will consider the use of a controlled substance or alcohol to be a
pattern if there is more than one incident during the previous 12 months.
"Engaged in or engaging in" violent criminal activity means any act within
the past 1 year by applicants or participants, household members, or guests
which involved criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force against the person of
another, which resulted in the arrest and/or conviction of the applicant or
participant, household members, or guests.
In evaluating evidence of negative past behavior, the HA will give fair
consideration to the seriousness of the activity with respect to how it would
affect other residents, and/or likelihood of favorable conduct in the future
which could be supported by evidence of rehabilitation,
Drug Related and Violent Criminal Activity
Ineligibility if Evicted for Drug-Related Activity Persons evicted from
public housing, Indian Housing, Section 23 or any Section 8 program
because of drug-related criminal activity are ineligible for admission to the
Section 8 program for a three-year period beginning on the date of such
eviction.
Applicants will be denied assistance if they have been:
Evicted from a unit assisted under the Housing Act of 1937 due to
violent criminal activity within the last 1 year prior to the date of the
certification interview.
Participants will be terminated who have been:
Evicted from a unit assisted under the Housing Act of 1937 due to
drug-related or violent criminal activity within the last year prior to the
date of the notice to terminate assistance, and whose activities have
created a disturbance in the building or neighborhood.
If the family violates the lease for drug-related or violent criminal activity,
the HA will terminate assistance.
In appropriate cases, the HA may permit the family to continue receiving
assistance provided that family members determined to have engaged in the
proscribed activities will not reside in the unit. If the violating member is a
minor, the HA may consider individual circumstances with the advice of
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Juvenile Court officials.
The HA may waive the requirement regarding drug-related criminal activity
if:
• The person demonstrates successful completion of a credible
rehabilitation program approved by the HA, or
The circumstances leading to the eviction no longer exist.
Termination of assistance for Participants If the family violates the
lease for drug-related or violent criminal activity, the HA will terminate
assistance.
In appropriate cases, the HA may permit the family to continue receiving
assistance provided that family members determined to have engaged in the
proscribed activities will not reside in the unit. If the violating member is a
minor, the HA may consider individual circumstances with the advice of
Juvenile Court officials.
Notice of Termination of assistance In any case where the HA decides
to terminate assistance to the family, the HA must give the family written
notice which states:
• The reason(s) for the proposed termination,
• The effective date of the proposed termination,
• The family's right, if they disagree, to request an Administrative
Hearing to be held before termination of assistance,
• The date by which a request for an informal hearing must be
received by the HA.
The HA will simultaneously provide written notice of the contract termination
to the owner so that it will coincide with the Termination of Assistance. The
Notice to the owner will not include any details regarding the reason for
termination of assistance.
Required Evidence
Preponderance of Evidence is defined as evidence which is of greater
weight or more convincing than the evidence which is offered in opposition
to it; that is, evidence which as a whole shows that the fact sought to be
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proved is more probable than not. The intent is not to prove criminal
liability, but to establish that the act(s) occurred. Preponderance of evidence
may not be determined by the number of witnesses, but by the greater
weight of all evidence.
Credible Evidence may be obtained from police and/or court records.
Testimony from neighbors, when combined with other factual evidence can
be considered credible evidence. Cather credible evidence includes
documentation of drug raids or arrest warrants.
The HA will pursue fact-finding efforts as needed to obtain credible evidence.
Confidentiality of Criminal Records The HA will ensure that any criminal
record received is maintained confidentially, not misused or improperly
disseminated, and destroyed once the purpose for which it was requested is
accomplished.
C. FAMILY OBLIGATIONS [24 CFR 982.551]
The family must supply any information that the HA or HUD determines is
necessary in the administration of the program, including submission of
required evidence of citizenship or eligible immigration, status (as provided
by [24 CFR 982.551]). 'Information" includes any requested certification,
release or other documentation.
The family must supply any information requested by the HA or HUD for use
in a regularly scheduled reexamination or interim reexamination of family
income and composition in accordance with HUD requirements.
The family must disclose and verify Social Security Numbers (as provided by
[24 CFR 5.216]) and must sign and submit consent forms for obtaining
information in accordance with [24 CFR 5.230].
All information supplied by the family must be true and complete.
The family is responsible for an HQS breach caused by the family as
described in 982.404(b).
The family must allow the HA to inspect the unit at reasonable times and
after reasonable notice.
The family may not commit any serious or repeated violations of the lease.
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The family must notify the owner and, at the same time, notify the HA
before the family moves out of the unit or terminates the lease upon notice
to the owner.
The family must promptly give the HA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit
must be the family's only residence.
The composition of the assisted family residing in the unit must be approved
by the HA. The family must promptly inform the HA of the birth, adoption or
court-awarded custody of a child. The family must request HA approval to
add any other family member as an occupant of the unit.
The family must promptly notify the HA if any family member no longer
resides in the unit.
If the HA has given approval, a foster child or a live-in aide may reside in the
unit. If the family does not request approval or HA approval is denied, the
family may not allow a foster child or live-in aide to reside with the assisted
family.
Members of the household may engage in legal profit-making activities in the
unit, but only if such activities are incidental to primary use of the unit as a
residence by members of the family.
The family must not sublease or let the unit.
The family must not assign the lease or transfer the unit.
The family must supply any information or certification requested by the HA
to verify that the family is living in the unit, or relating to family absence
from the unit, including any HA-requested information or certification on the
purposes of family absences, The family must cooperate with the HA for this
purpose. The family must promptly notify the HA of absence from the unit.
The family must not own or have any interest in the unit.
The members of the family must not commit fraud, bribery or any other
corrupt or criminal act in connection with the programs.
The members of the family may not engage in drug-related criminal activity
or violent criminal activity. (See HA one strike policy).
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An assisted family, or members of the family, may not receive Section 8
tenant-based assistance while receiving another housing subsidy, for the
same unit or for a different unit, under any duplicative (as determined by
HUD or in accordance with HUD requirements) federal, State or local housing
assistance program.
Housing Authority Discretion [24 CFR 982.552(c)]
In deciding whether to deny or terminate assistance because of action or
failure to act by members of the family, the HA has discretion to consider all
of the circumstances in each case, including the seriousness of the case. The
HA will use its discretion in reviewing the extent of participation or culpability
of individual family members and the length of time since the violation
occurred. The HA may also review the family's more recent history and
record of compliance, and the effects that denial or termination of assistance
may have on other family members who were not involved in the action or
failure to act.
The HA may impose, as a condition of continued assistance for other family
members, a requirement that family members who participated in, or were
culpable for the action or failure to act, will not reside in the unit. The HA
may permit the other members of a family to continue in the program.
Enforcing Family Obligations
Explanations and Terms The term "Promptly„ when used with the Family
Obligations always means "within 10 days." Denial or termination of
assistance is always optional except where this Plan or the regulations state
otherwise.
HQS Breach
The Housing Programs Specialist or Supervisor will determine if an HQS
breach as identified in 24 CFP. 982.404 (b) is the responsibility of the family.
Families may be given extensions to cure HQS breaches by Assistant
Housing Programs Director.
.ease Violations
The following criteria will be used to decide if a serious or repeated violation
of the lease will result in termination of assistance:
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1. If the owner terminates tenancy through court action for serious
or repeated violation of the lease.
2. If the owner notifies the family of termination of tenancy
assistance for serious or repeated lease violations, and the
family moves from the unit prior to the completion of court
action, and the HA determines that the cause is a serious or
repeated violation of the lease based on available evidence.
3. If the owner notifies the family of termination of tenancy
assistance for serious or repeated lease violations, and the
family moves from the unit prior to the completion of court
action, and
4. If there are police reports, neighborhood complaints or other
third party information, that has been verified by the HA.
5. Nonpayment of rent is considered a serious violation of the
lease.
Notification of Eviction If the family requests assistance to move and
they did not notify the HA of an eviction within 10 days of receiving the
Notice of Lease Termination, the move will be denied.
Proposed Additions to the Family
The HA will deny a family's request to add additional family members who
are:
1. Persons who have been evicted from public housing.
2. Persons who have previously violated a family obligation listed in
24CFR 982.51 of the HUD regulations.
3. Persons who commit drug-related criminal activity or violent
criminal activity.
4. Persons who commit fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program.
5. Persons who currently owe rent or other amounts to the HA or to
another HA in connection with Section 8 or public housing
assistance under the 1937 Act.
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6. Persons who have engaged in or threatened abusive or violent
behavior toward HA personnel.
Family Member Moves Out
Families are required to notify the HA if any family member leaves the
assisted household. When the family notifies the HA, they must furnish the
following information:
1. The date the family member moved out.
2. The new address, if known, of the family member.
3. A statement as to whether the family member is temporarily or
permanently absent.
Limitation on Profit-making Activity in Unit
If the HA determines that the use of the unit as a business is not incidental
to its use as a dwelling unit, it will be considered a program violation.
If the HA determines the business is not legal, it will be considered a
program violation.
Interest in Unit
The owner may not reside in the assisted unit regardless of whether (s)he is
a member of the assisted family, unless the family owns the mobile home
and rents the pad.
Fraud
In each case, the HA will consider which family members were involved, the
circumstances, and any hardship that might be caused to innocent members.
D. PROCEDURES FOR NON-CITIZENS [24 CFR 5.514, 5.516, 5.518]
Denial or Termination due to Ineligible Immigrant Status
Applicant or participant families in which all members are neither d.S.
citizens nor eligible immigrants are not eligible for assistance and must have
their assistance terminated. The HA must offer the family an opportunity for
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a hearing, (See "Eligibility for Admission" Chapter 2, section on
Citizenship/Eligible Immigration Status.)
Assistance may not be terminated while verification of the participant
family's eligible immigration status is pending.
false for Incomplete Information
When the HA has clear, concrete, or substantial documentation (such as a
permanent resident card or information from another agency) that
contradicts the declaration of citizenship made by an applicant or participant,
an investigation will be conducted and the individual will be given an
opportunity to present relevant information.
If the individual is unable to verify their citizenship, the HA will give him/her
an opportunity to provide a new declaration as an eligible immigrant or an
opportunity to elect not to contend their status.
The HA will then verify eligible status, deny, terminate, or prorate as
applicable.
Procedure for Menial or Termination
If the family (or any member) claimed eligible immigrant status and the INS
primary and secondary verifications failed to document the status, the family
may make an appeal to the INS and request a hearing with the HA either
after the INS appeal or in lieu of the INS appeal.
After the HA has made a determination of ineligibility, the family will be
notified of the determination and the reasons and informed of the option for
prorated assistance (if applicable).
E. ZERO ($0) ASSISTANCE TENANCIES
HAP Contracts Prior to 10/2/95
For contracts that were effective prior to 10/2/95, the HA is liable for unpaid
rent and damages if the family vacates during the allowable 12 months after
the last HAP payment, The HA must perform all of the functions normally
required, such as reexaminations and inspections.
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The participant will be notified of the right to remain on the program at $0
assistance for 12 months. If the family is still in the unit after 12 months,
the assistance will be terminated.
In order for a family to move to another unit during the 12 months, the rent
for the new unit would have to be high enough to necessitate a housing
assistance payment.
HAP Contracts On or After 10/02/95 [24 CFR 982.455
For contracts effective on or after 10/2/95, the HA has no liability for unpaid
rent or damages, and the family may remain in the unit at $0 assistance for
up to 180 days after the last HAP payment. If the family is stili in the unit
after 180 days, the assistance will be terminated. If, within the 180 day
timeframe, an owner rent increase or a decrease in the Total Tenant
Payment causes the family to be eligible for a housing assistance payment,
the HA will resume assistance payments for the family.
In order for a family to move to another unit during the 1.80 days, the rent
for the new unit would have to be high enough to necessitate a housing
assistance payment.
F. OPTION NOT TO TERMINATE FOR MISREPRESENTATION
[24 CFR 982.551, 982.552(0)]
If the family has misrepresented any facts that caused the HA to overpay
assistance, the HA may choose not to terminate and may offer to continue
assistance provided that the family reimburses the HA in full within 30
calendar days.
G. MISREPRESENTATION .IN COLLUSION WITH OWNER
[24 CFR 982.551, 982.552 (c)]
If the family intentionally, willingly, and knowingiy commits fraud or is
involved in any other illegal scheme with the owner, the HA will deny or
terminate assistance.
H. MISSED APPOINTMENTS AND DEADLINES
(24 CFR 982.551, 982.552 (c))
It is a Family Obligation to supply information, documentation, and
certification as needed for the HA to fulfill its responsibilities. The HA
schedules appointments and sets deadlines in order to obtain the required
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information. The Family Obligations also require that the family allow the HA
to inspect the unit, and appointments are made for this purpose.
An applicant or participant who fails to keep an appointment, or to supply
information required by a deadline without notifying the HA, may be sent a
Notice of denial or Termination of Assistance for failure to provide required
information, or for failure to allow the HA to inspect the unit.
The family will be given information about the requirement to keep
appointments and the number of times appointments will be rescheduled, as
specified in this Pian.
Appointments will be scheduled and time requirements will be imposed for
the following events and circumstances:
1. Eligibility for Admissions
2. Verification Procedures
3. Voucher Issuance and Briefings
4. Housing Quality Standards and Inspections
5. Recertifications
6. Appeals
Acceptable reasons for missing appointments or failing to provide
information by deadlines are:
Medical emergency
Family emergency
Procedure when Appointments are Missed or Information Not
Provided
For most purposes in this Plan, the family will be given two opportunities
before being issued a notice of termination or denial for breach of a family
obligation.
After issuance of the termination notice, if the family offers to correct the
breach within the time allowed to request a hearing, the termination will be
rescinded after the family cures the breach.
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Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
[24 CFR 982.84, 882.306, 982.4531
INTRODUCTION
It is the policy of the HA to recruit owners to participate in the program, and
to provide owners with prompt and professional service in order to maintain
an adequate supply of available housing throughout the jurisdiction of the HA.
The regulations define when the HA must disallow an owner participation in
the program, and they provide the HA discretion to disapprove or otherwise
restrict the participation of owners in certain categories. This Chapter
describes the criteria for owner disapproval, and the various penalties for
owner violations. The Housing Authority will not enter into HAP contracts
with Owners who have a history of serious or repeated violations under the
Section 8 program rules, HACCC policy and procedures, or who have been
convicted or are being prosecuted for violations of the federal or state Fair
Housing laws and anti-discrimination provisions.
All owner disqualifications under this policy must be submitted to the Director
of Housing Operations for approval. Decisions to disqualify will be considered
on a case-by-case basis; an owner recommended for disqualification by a
Housing Manager may present facts he or she believes counsels against
disqualifications to the Director of Housing Assistance Programs in writing.
Owners disqualified from participation from the program may request to be
reconsidered after a year has passed from the date of disqualification. The
Director of Housing Operations will consider such requests according to the
considerations discussed below and any curative actions taken by the owner,
since the disqualification.
A. DISAPPROVAL. OF OWNER [24 CFR 982.306, 982.54 (d)(8))
The owner does not have a right to participate in the program. For purposes
of this section, "owner" includes a principal or other interested party.
The HA will disapprove the owner for the following reasons:
The owner is the parent, child, grandparent, grandchild, sister or
brother of the Section 8 Voucher holder or another member of the
household seeking to rent the unit. The Housing Authority may, at its
discretion, provide reasonable accommodation to a person with
disabilities and allow occupation of a unit owned by the relative., if the
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unit's characteristics accommodate the particular disability.
HUD or other agency directly has informed the HA that the owner has
been debarred, suspended, or subject to a limited denial of participation
under 24 CFR part 24.
HUD has informed the HA that the federal government has instituted an
administrative or judicial action against the owner for violation of the
Fair Housing Act or other federal equal opportunity requirements and
such action is pending.
HUD has informed the HA that a court or administrative agency has
determined that the owner has violated the Fair Housing Act or other
federal equal opportunity requirements.
The owner has violated obligations under a housing assistance
payments contract under Section 8 of the 1:937 Act (42 U.S.C. 1437f).
The owner has committed fraud, bribery or any other corrupt act in
connection with any federal housing program.
The owner has engaged in drug trafficking or other violent criminal
behavior.
The owner has a history or practice of non-compliance with the HQS for
units leased under the tenant-based programs or with applicable
housing standards for units leased with project-based Section 8
assistance or leased under any other federal housing program.
The owner has a history or practice of renting units that fail to meet
State or local housing codes.
The owner has not paid State or local real estate taxes, fines or
assessments.
B. OWNER RESTRICTIONS AND PENALTIES
[24 CFR 982.302 (a)(S), 982.4.53]
If an owner commits fraud or abuse or is guilty of frequent or serious
contract violations, the HA will restrict the owner from future participation in
the program for a period of time commensurate with the seriousness of the
offense. The HA may also terminate some or all contracts with the owner.
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Before imposing any penalty against an owner, the HA will review all relevant
factors pertaining to the case, and will consider such factors as the owner's
record of compliance and the number of violations. The HA guidelines for
restrictions are contained in the table below:
DISAPPROVAL OF OWNERS/PARTICIPATION RESTRICTIONS
BREACH Persalt
HUD notification of owner debarment/suspension Termination
HUD notification of violation of fair housing/federal equal Termination
0 ortunity
Violation of contract obligations ' W/A/R/T
Owner fraud, bribery or other corrupt act in federal W/A/RT
housing program
Owner en a ed in drug trafficking Termination
History of noncompliance with H S W/A/R/T
Histor
y of renting units below code Termination
Mate/local real estate taxes fines or assessments
(W-warning, A-Abatement, R-reduction, T-Termination)
Factors to consider in determining owner disqualification under this policy
include;
• The harm that would result to the family if the Housing Authority does
not approve the contact;
• The harm caused by the owner's violation of the program;
• Any actions taken by the owner to Cure program violations; and
• The cost involved in the program violation, including money and agency
time.
C. OTHER REMEDIES FOR OWNER VIOLATIONS
Overpayments.,
If the landlord has been overpaid as a result of fraud, misrepresentation or
violation of the Contract, the HA may terminate the Contract and arrange for
restitution to the HA and/or family as appropriate.
The HA will make every effort to recover any overpayments made as a result
of landlord fraud or abuse. Payments otherwise due to the owner may be
debited in order to repay the HA or the tenant, as applicable.
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Chapter 17
OWNER OR FAMILY DEBTS TO THE HA
INTRODUCTION
This Chapter describes the HA's policies for the recovery of monies which
have been overpaid for families, and to owners. It describes the methods
that will be utilized for collection of monies and the guidelines for different
types of debts. It is the HA's policy to meet the informational needs of
owners and families, and to communicate the program rules in order to
avoid owner and family debts. Before a debt is assessed against a family or
owner, the file must contain documentation to support the HA's claim that
the debt is owed. The file must further contain written documentation of the
method of calculation, in a clear format for review by the owner or the
family.
When families or owners owe money to the HA, the HA will make every
effort to collect it. The HA will use a variety of collection tools to recover
debts including, but not limited to:
• Requests for lump sum payments
Civil suits
• Repayment agreements
• Abatements
• Reductions
• Collection agencies
• Credit bureaus
A. REPAYMENT AGREEMENT FOR FAMILIES
[24 CFR 792.103, 982.552 (b)(8'8)]
A Repayment Agreement as used in this Plan is a document entered into
between the HA and a person who owes a debt to the HA. It is similar to a
promissory note, but contains more details regarding the nature of the debt,
the terms of repayment, any special provisions of the agreement, and the
remedies available to the HA upon default of the agreement.
The maximum length of time: the HA will enter into a repayment agreement
with a family is 24 months. The minimum monthly amount of monthly
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payment for any repayment agreement is $25.00.
There are some circumstances in which the HA will not enter into a
repayment agreement. They are:
• If the family already has a Repayment Agreement in arrears.
• If the HA determines that the family committed program fraud and
owes the HA more than $2,000.00.
Late Payments
A payment will be considered to be in arrears if the payment has not been
received by the Close of the lousiness day on which the payment was due. If
the due date is on a weekend or holiday, the due date will be at the close of
the next business day.
If the family's repayment agreement is in arrears, the HA may;
• Require the family to pay the balance in full;
• Pursue civil collection of the balance due; or
• Terminate the housing assistance.
If the family requests a move to another unit and has a repayment
agreement in place for the payment of an owner claim, and the repayment
agreement is not in arrears, the family will be permitted to move.
If the family requests a move to another unit and is in arrears on a
repayment agreement for the payment of an owner claim, the family will be
required to pay the balance in full, or be terminated from the program.
Exceptions to this policy may be approved for the following circumstances
only:
• Family size exceeds the HQS maximum occupancy standards; or
• A natural disaster.
• If the family requests a move to another unit and has a repayment
agreement in place for the payment of an owner claim or other debts
owed to the HA. If the family requests a move to another unit or-
jurisdiction
rjurisdiction and is in arrears on a repayment agreement of an owner
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Maim or other debts owed to the HA, the family will be required to pay
the balance in full in order to transfer.
Guidelines for Repayment Agreements
Repayment Agreements will be executed between the HA and the head of
household and spouse. All residual adult members will be responsible for
continuation of payment to the HA in the absence of the head or the spouse.
Monthly payments may be decreased in cases of hardship with a request
from the family, verification of the hardship, and the approval of a Housing
Programs Supervisor.
B. NON-REPORTING Of INFORMATION/DEBTS DUE TO PROGRAM
ABUSE [24 CFR 982.163]
HUD's definition of program fraud and abuse is a single act or pattern of
actions that:
Constitutes false statement, omission, or concealment of a substantive
fact, made with intent to deceive or mislead, and that results in
payment of Section 8 program funds in violation of Section 8 program
requirements.
Family Error/Late Reporting
Families who owe money to the HA dine to the family's failure to report
increases in income will be required to repay in accordance with the
guidelines in the repayment Section of this Chapter.
Program Abuse
Families who owe money to the HA due to program abuse will be required to
repay in accordance with the guidelines in the repayment Section of this
Chapter.
If a family owes an amount which equals or exceeds $2,000.00 as a result of
program abuse, the case may be referred for criminal prosecution.
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C . OWNER DEBTS TO THE HA
If the HA determines that the owner has retained Housing Assistance or
Claim Payments the owner is not entitled to, the HA may reclaim the
amounts from future Housing Assistance or Claim Payments owed the owner
for any other units under contract.
If future Housing Assistance or Claim Payments are insufficient to reclaim
the amounts owed, the HA will require the owner to pay the amount in full
within two weeks and may pursue collections through the civil or criminal
judicial process and/or a collection agency.
If the amount owed to the HA from the owner is not repaid, the owner may
be prohibited from future participation in any HA program.
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Chapter 18
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.
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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,
3. Complaints from staff: if a staff person reports an owner or family
either violating or 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,
E. 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, 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,
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i
safety or right to peaceful enjoyment of the premises by ether 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]
Review 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.
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.
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 or suspend a Voucher;
5. Disapproval of lease;
6. Determination that unit is not in compliance with HQS;
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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 awn expense.
The review may be conducted by mail and/or telephone if acceptable to bath
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.
D. INFORMAL NEARING 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.
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When the HA makes a decision regarding the eligibility and/or the amount of
assistance, applicants and participants must be notifiedin writing. The HA
will give the family prompt notice of such determinations which will include:
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;
The date the proposed action or decision will take place;
The family's right to an explanation of the basis for the H`s decision.
The procedures for requesting a hearing if the family disputes the
action or decision;
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;
5. Determination to terminate assistance for any reason;
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.
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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 NQS (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;
S. 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:
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1e 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
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 determined 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;
3. 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.
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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:
Are HA commissioners/ HA management;
Are managers from other departments in the government of the
jurisdiction;
Are managers from another HA;
Are professional mediators or arbitrators.
Are otherwise qualified to serve.
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.
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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 1.0 (ten) days and shall include:
A clear summary of the decision and reasons for the decision;
If the decision involves money owed, the amount owed; and
The date the decision goes into effect.
The HA is not bound by hearing decisions:
Which concern matters in which the HA is not required to provide an
opportunity for a hearing;
Which conflict with or contradict to HUD regulations or requirements;
Which conflict with or contradict Federal, Mate or local laws; or
Which exceed the authority of the person conducting the hearing.
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.
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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 tape one of the following
actions.
Deny the applicant family;
Defer termination if the family is a participant and qualifies for
deferral;
Terminate the participant if the family does not qualify for deferral.
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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.
All other complaints related to eligible citizen/immigrant status:
If any family member falls 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
used 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. LITIGATING CIRCUMSTANCES FOR
APPLICANTS/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.
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However, failure to notify the Housing Authority of a request for a hearing
during the ten (10) day notice period does not include the above
circumstances and is subject to a higher standard,
Example include,
a) Hospitilization during the notice period
b) Non receipt of notice verified by the U.S. postal service
c) Other emotional distress such as death of family member
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Chapter .19
SHELTER PLUS CARE PROGRAM
INTRODUCTION:
The Shelter Plus Care program is authorized by Title IV of the
Stewart B. McKinney Homeless Assistance Act and is administered by
the Federal Department of Housing and Urban Development (HUD).
Shelter Pius Care is designed to link rental assistance to supportive
services for bard-to-serve homeless persons with disabilities and their
families. Disabilities include serious mental illness, alcohol and drug
abuse as well as Human Immunodeficiency Virus (HIV) and Acquired
Immunodeficiency Syndrome (AIDS).
The grants for rental assistance are matched by supportive services
that are equal in value and appropriate to the needs of the population.
Shelter Plus Care recipients are chosen on a competitive nationwide
basis. The County of Contra Costa has received certain grants; each
grant is subject to annual renewal.
Shelter Plus Care applicant selections is determined by the Shelter Plus
Care Committee via Housing Referral.
Housing Authority Responsibilities
• Process applications to determine financial eligibility, using
applicable income limits (all Shelter Plus Care program applicants
come by referral and acceptance of the program committee and
bypass any other Housing Authority wait list process).
• Inspect units, keeping in mind fair market rents and Housing
Quality Standards.
• Provide contract and lease documents for program landlords and
tenants.
• Pay monthly subsidy payments to participating landlords.
• Complete annual inspections.
• Complete annual eligibility processes.
• Conduct interim rent adjustments.
• Process notices from landlords (including notices to terminate
subsidy, and notices of rent increase).
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• Carry out special requests as made by the Shelter Pius Care
program manager.
• Provide a Housing Authority representative for Shelter Plus Care
committee meetings.
Provide program orientation for new program applicants.
Provide monthly list of program participants and addresses to SPC
program manager.
Provide monthly summary of expenses to SPC program manager.
Provide Monthly move in/move-out summary report
Provide program issues and concerns memo to SPC Program
Manager on a weekly basis for discussion.
Provide applicable accounting reports.
Request monthly payment allocations via Line of Credit Control
System.
Upon request, the Housing Authority shall supply a one time only
non-repayable grant to the Shelter Pius Care participant for the
purpose of paying their security deposit. The grant shall not exceed
the amount of one month's contract rent. The grant will only be
granted once in the lifetime of the participant.
Provide Shelter Plus Care Program Coordinator with copies of:
1. The certificate issued to the participant
2. Letters of complaint, thirty day notices, and/or eviction notices
3. Letters to tenants informing them of their annual recertifications
process
4, Final notices sent to clients due to non-compliance with the HA
recertifications process
Completed recertifications paperwork
6. Contract cancellations
End
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Chapter 20
FAMILY :SELF-SUFFICIENCY PROGRAM
[24CFR 984]
INTRODUCTION:
The purpose of the Family Self-Sufficiency (FSS) program is to
promote the development of local strategies to coordinate the use the
Section 8 with public and private resources to enable eligible families
to achieve economic independence and self-sufficiency.
A. HISTORICAL PROGRAM REQUIREMENT:
Beginning in Fiscal Year (FY) 1993, all Housing Authorities receiving
new increments of Section 8 certificates and vouchers or funds for new
public housing rental units had to implement an FSS program unless
granted an exception by HUD. For the public housing and Section 8
Housing Choice Voucher Programs, the minimum FSS program size
that must be established and operated is cumulative and is based on
the number of new units funded in FY 1993 and subsequent years plus
the number of any FY 1991 and 1992 FSS Incentive Award Units.
(24CFR 984.105)
The Quality Housing and Work Responsibility Act of 1998 (QHWRA)
revised this requirement clarifying that effective October 21, 1998, a
HA's mandatory minimum FSS program size will not increase with the
receipt of incremental Section 8 funding or public housing units; and
permits HA's to maintain a smaller than minimum FSS program size
obligation as families successfully complete FSS Contracts.
E. TENANT SELECTION PLAN; [24CFR 984.203]
HUD requires FSS programs match each new allocation by recruiting
families from the existing Section 8 (except Mod-Rehab) populations.
Under the 1991 FSS Family Selection guidelines, families were
accepted from the waiting list, and could lose their housing if they
were housed ahead of others on the waiting list and then failed to
meet their commitment,
In May of 1999, the FSS Family Selection guidelines no longer
permitted Housing Authorities to accept families from the waiting list.
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Housing Authorities were given the opportunity to target families.
Currently, any eligible family is accepted on a first come first serve
basis.
C. ELIGIBLE APPLICANTS:
1. Any family receiving housing assistance through the Section 8
housing assistance programs may volunteer for FSS without
consideration of race, color, religion, sex, disability, familial status
or national origin.
2. In addition to currently participating in the Section 8 housing
assistance program, families also must meet the following additional;
requirements:
a. The Head of Household must agree to seek and maintain
employment.
b. The Head of Household must sign an FSS Contract of
Participation.
c. The Head of Household and or participant family member
must agree to set short and long-term goals (called an
Individual Training and Services Plan), and commit to working
towards meeting those goals.
d. The Head of Household or participant family member agrees
to meet quarterly with his/her case manager to review short
term and long term goals.
e. The head of household or participant family member agrees
to meet annually with his/her case manager to complete any
annual or interim review required in the administration of the
Housing Choice Voucher Program,
D, TERM OF CONTRACT [24CFR 984.303)
Family Self Sufficiency is a five-year voluntary program. Extensions of
up to two years can be made for hardship purposes. "*Hardship" is
defined as a situation that has occurred that negatively affects one's
employment situation through no fault of the head of household. An
example may be a layoff or a temporary disability (excluding
pregnancy), etc. Extensions will not be approved solely for qualifying
for the escrow.
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E. ESTABLISHMENT OF AN ESCROW ACCOUNT
[24CFR 984.3051
An escrow account will be established in accordance with NULL
guidelines, when the head of household or participant family member
increases their earned income from when they initially ,joined FSS due
to a promotion, a change in employment, or the addition of earned
income from another member of the family,
FSS participants may request an interim recertification at any time to
evaluate the possibility of their escrow increasing due to increases in
earned income.
F. ANNUAL STATEMENTS [24CFR 984.305 (a)(3)]
The Housing Authority will issue annual escrow balance statements to
all active FSS participants. The annual escrow balance statements are
to be issued no more than 90 days from the date of the Fiscal Year
End.
G. LOANS AGAINST ESCROW ACCOUNTS
FSS participants may borrow against their escrow accounts if.
1, They are in compliance with the program
2. The loan is consistent with their service plan
3. The funds are currently available in their escrow account.
(The loan cannot place their escrow account in the
negative).
4. Loans will not be granted more than once during the term
of their Contract of Participation.
Participants may be required to pay back loans against their escrow
account if they fall to complete their FSS contract. Loans are granted
at the sole discretion of the Housing Authority.
H. RELEASE OF ESCROW [24CFR 984.305 (c)]
It is the goal of the FSS program to support families who wish to
become self-sufficient. Those families who are compliant and can
leave sooner than five years are encouraged to do so. They may
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qualify for the escrow as long as they have met their goals as indicated
on the Contract of Participation, are working 'full time, and can certify
that no family member has received any welfare assistance (welfare
assistance includes cash benefits), in the past 12 months.
I. FORFEIT OF ESCROW [24CFR 984.305 (f)]
Families terminated for non-compliance forfeit any accrued escrow.
j. TERMINATION FOR NON-COMPLIANCE
Families failing to respond to schedule an annual review of their goals
may be terminated from the FSS Program.
Families may be terminated from the FSS Program when the head of
household or a family member participates in acts inconsistent with the
purpose of FSS. Such acts may include fraudulent acts, non-
cooperative behavior, or failure to seek or maintain employment.
Families failing to comply with any of the family
blat
obligation
for non-
requirements under the HCV Program may b
compliance.
Families terminated for non-compliance with FSS Contract of
Participation will not lose their Section 8 assistance.
K. GRIEVANCE PROCEDURES
Since the subsidized rental assistance is not affected, the Grievance
Procedure for FSS has been modified from the regular procedures
of the
Section 8 due to the sensitivity and confidentiality of the
FSS Service Plans. An FSS Participant may request an Informal
Conference with the Housing Services Manager. The decision of the
Housing Services Manager is final, unless the two parties agree that
the case should be referred to the FSS Grievance Committee.
Request for reconsideration of termination may go through the
Grievance Committee of the Program Coordinating Committee.
Members of this Committee must include the Housing Services
Manager of the Housing Authority athe family's case erf and
at least two members of the Program
Coordinating committee,
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Every effort will be made to accommodate any person with a disability.
Requests need to be made in writing when able; or verbal, with a
written confirmation from 'FSS of the request. Accommodations must
be related to a person's service plan, and that person's ability to
perform that service plan.
L. REINSTATEMENT POLICY
Persons who wish to leave the FSS Program may do so at any time.
Reinstatement of that person will not be permitted unless an
unexpected hardship has occurred. Exceptions will be reviewed by the
Noosing Services Manager on a case-by-case basis.
Persons who are terminated for non-compliance will not be permitted
to come back onto the FSS program without approval from the
Noising Services Manager.
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Chapter 21
FAMILY UNIFICATION PROGRAM
INTRODUCTION
The National Affordable Housing Act of 1990 established the Family
Unification Program (FUP). It its a five-year program being sponsored
by HUD, the Child Welfare League and Vanderbilt University.
FUP was established to promote family unification by providing housing
assistance to families for whom the lack of adequate housing is a
primary factor in the separation, or imminent separation, of children
from their families.
The secondary purpose of the FUP Program is to assist families to
become economically self-sufficient so that by the end of the five
years, they are prepared to relocate to non-subsidized housing.
A. ELIGIBILITY
1. Families who are in danger of having their chiid(ren) placed in out-
of-home care due to lack of adequate housing.
2. Families whose child(ren) is delayed in returning to the family from
out-of-home care due to a lack of adequate housing.
B. REQUIREMENTS
• Have an open child welfare case
• beet Section S housing assistance eligibility requirements
• Be able to be reunified with their child(ren) within six months from
the date a referral is died into -the FUP Program.
To participate in the Family Unification Program, eligible families must
be referred to the Housing Authority from the Department of Family
and Children's Services at the Employment and Human Services
Agency. Family Unification is a voluntary program.
a) Families on the waiting list who qualify under the eligibility
criteria must be considered first for participation in the FUP
Programs At the time that a family is given an opportunity to
participate in the FUP Program, they must decide whether
they want to remain on the waiting list to be housed under
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the routine process or to enter the FUP Program. Families
entering FUP are giving up their place on that current waiting
list.
b) Once qualified families from the waiting list have been
assisted, referrals may be accepted through the Department
of Family and Children's Services for families not on the
Waiting List.
C. FAMILY COMMITMENT
As a participant of the Family Unification Program, families agree to
sign an FUP Contract with the Housing Authority. The Contract
outlines the family's obligations which include the following:
• The family must complete a service plan established with an
FUP Social Worker outlining short and long--term goals.
• The family must follow routine Section 8 Program
requirements.
• The family must agree to seep and maintain employment.
• The family must cooperate with an assigned Family Resource
Center Social Worker after their child welfare case is closed by
reviewing their goals and making monthly contact.
• The family must remain in Contra Costa County during the
five-year program or lose their housing assistance. This
requirement is because no other FUP Program provides a total
of five years of case management services even after the
children's case/cases have been closed by the department of
Family and Children's Services.
D. GROUNDS FOR TERMINATION
Termination for Noncompliance
a) Families are given numerous opportunities to remain with
their FUP Contract. Failure to maintain contact with their FUP
Social Worker is grounds for termination.
b) Child(ren) not returned to the head of household within six
months from the date of the referral will no longer qualify for
FUP.
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c) Families who have children removed from their household
may no longer qualify for housing assistance.
d) Families failing to comply with any of the family obligation
requirements under the HCV Program may be terminated for
non-compliance.
E. GRIEVANCE PROCEDURE
Families are given an opportunity to discuss terminations with the FLIP
Department of Family and Children's Services liaison to the Housing
Authority of the County of Contra Costa , Housing Services
Coordinator. The decision of the Housing Services Coordinator is final
due to the sensitivity and confidentiality of the information.
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Chapter 22
PROGRAM INTEGRITY ADDENDUM!
[24 CFR 792.101-792.204, 982,54]
INTRODUCTION
The U'S Department of HUD conservatively estimates that 200 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 Housing Authority of the County of Contra Costa 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 HACCC 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.
The HA has also established specific procedures for staff to follow in
uncovering and taking action on alleged program abuse.
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A. CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND
FRAUD
Under no circumstances will the HA undertake an inquiry or an audit of a
participating family arbitrarily. The HA's expectation is that participating
families will comply with HUD requirements, provisions of the certificate or
voucher, and other program rules. The HA staff will make every effort
(formally and informally) to orient and educate all families in order to avoid
unintentional Violations. However, the HA has a responsibility to HUD, to the
Community, and to eligible families in need of housing assistance, to monitor
participants and owners for compliance and, when indicators of possible
abuse come to the HA' s attention, to investigate such claims.
The HA will initiate an investigation of a participating family only in the event
of one or more of the following circumstances:
1. Referrals, Complaints, or Tips The HA will follow up on referrals
from other agencies, companies or persons which are received by mail,
by telephone or in person, which allege that a family is in non-
compliance with, or otherwise violating the family obligations or any
other program rules. Such follow-up will be made providing that the
referral contains at least one item of information that is independently
verifiable.
2. Internal File Review A follow-up will be made if HA staff discovers
(as a function of a certification or re-certification, an interim re-
determination, or a quality control review), information or facts which
conflict with previous file data, the HA's knowledge of the family, or is
discrepant with statements made by the family.
3. Verification of Documentation A follow-up will be made if the HA
receives independent verification or documentation which conflicts with
representations in the family's file (such as public record information or
credit bureau reports, reports from other agencies).
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B. STEPS THE HA WILL TAKE TO PREVENT PROGRAM ABUSE AND
FRAUD
The HA management and staff will utilize various methods and practices
Misted 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. Things You Should Know This program integrity bulletin (created
by HUD's Inspector General) will be furnished and explained to all
applicants and participants to promote understanding of program
rules, and to clarify the HA's expectations for cooperation and
compliance.
2. Program Briefing Session Mandatory briefing sessions will be
conducted by the HA staff for all prospective program participants,
either prior to or upon issuance of a certificate or voucher.
3. Participant Counseling The HA will routinely provide participant
counseling as a part of every re-certification interview in order to
clarify any confusion pertaining to program rules and requirements.
4. Review and Explanation of Forms If necessary, staff will explain all
requiredforms and review the contents of all re-certification
documents prior to signature.
S. 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
f. Landlord Certification All participating landlords will be required to
sign a Landlord Certification form which states the owners
understanding of and agreement to specific program rules.
7. Landlord Information Materials New participants and participants
who move are given Landlord Information materials to provide the
owners of property they select.
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S. Cooperation with District Attorney The HA will maintain a
cooperative alliance with the District Attorney in charge of welfare
fraud and abuse and will exchange information on mutual clients for
which an investigation has been opened.
C. STEPS THE HA WILL TAKE TO DETECT PROGRAM ABUSE AND
FRAUD
The HA Staff will maintain a high level of awareness to indicators of possible
abuse and fraud by assisted families.
1. Quality Control File Reviews Prior to initial certification, and at the
completion of all subsequent recertifications, selected files will be
reviewed. Such reviews shall include, but are not limited to:
Assurance that verification of all income and deductions is
present.
Changes in reported Social Security Numbers or dates of birth.
Authenticity of file documents.
Ratio between reported income and expenditures.
Review of signatures for consistency with previously signed file
documents
All forms are correctly dated and signed.
2. Observation The HA Staff (including inspection personnel) will
maintain high awareness of circumstances which may indicate program
abuse or fraud, such as unauthorized persons residing in the
household and unreported income.
Observations will be followed up.
3. State Wage Data Record Keepers Inquiries to State Wage and
Employment record keeping agencies as authorized under Public Law
100-528, the Stewart B. McKinley Homeless Assistance Amendments
Act of 1988, may be made in order to detect unreported wages or
unemployment compensation benefits
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4. Credit Bureau Inquiries Credit Bureau inquiries may be made (with
proper authorization by the participant) in the following circumstances:
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. THE HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE AND
FRAUD
Housing Authority staff will encourage all participating families to report
suspected abuse to the Housing Authority gaud Tip Hotline. All allegations,
complaints and tips will be carefully evaluated in order to determine if they
warrant follow-up. The HA will not follow up on allegations which are vague
or otherwise non-specific.
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.
If a family being reviewed is receiving TANF, the case may be referred
to the District Attorney for investigation.
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 HA will initiate an investigation to determine if the
allegation is true or false.
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E. HOW THE HA WILL INVESTIGATE ALLEGATIONS OF ABUSE AND
FRAUD
If the HA determines that an allegation or referral warrants follow-up, a staff
person will conduct an investigation. The steps taken will depend upon the
nature of the allegation and may include, but are not limited to, the items
listed below. In all cases, the HA will ensure that written authorization from
the program participant for the release of information is present in the file.
Credit Bureau Inquiries
In cases involving previously unreported income sources, a Credit Bureau I
inquiry may be made to determine if there is financial activity that conflicts
with the reported income of the family.
Verification of Credit
In cases where the financial activity conflicts with file data, a Verification
form may be mailed to the creditor in order to determine the unreported
income source.
Employers and Ex-Employers
Employers or ex-employers may be contacted to verify wages that may have
been previously undisclosed or misreported.
Neighbors/Witnesses
Neighbors and/or other witnesses may be interviewed who are believed to
have direct or indirect knowledge of facts pertaining to the review by the HA.
Other Agencies
Investigators, caseworkers or representatives of other benefit agencies may
be contacted.
Public Records
If relevant, the HA will review public records kept in any jurisdictional
courthouse. Examples of public records which may be checked are: real
estate, marriage, divorce, uniform commercial code financing statements,
voter registration, judgments, court or police records, state wage records,
utility records and postal records.
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Interviews with leadof Household or Family Members
The HA will discuss the allegation (or details thereof) with the Head of
Household or family member by scheduling an appointment at the
appropriate HA office. A high standard of courtesy and professionalism will
be maintained by the HA staff person who conducts such interviews. Under
no circumstances will inflammatory language, accusation, or any
unprofessional conduct or language be tolerated. If possible, an additional
staff person will attend such interviews.
F. PLACEMENT OF DOCUi++1'ENTS, EVIDENCE AND STATEMENTS
OBTAINED BY THE HA
Documents and other evidence obtained by the HA during the course of an
investigation will be considered "work product" and will be kept in a separate
•'investigation file The investigation file shall be kept in a secure area. Such
cases' under review will not be discussed among HA Staff unless they are
involved in the process, or have information which may assist in the
investigation.
When the investigation and any action have been completed,
unsubstantiated allegations will be filed in the allegation file. Substantial
allegations will be placed in the participants' file.
G. CONCLUSION OF THE HA'S INVESTIGATIVE REVIEW
At the conclusion of the investigative review, the reviewer will report the
findings to the Supervisor. 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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I. ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE BEEN
DOCUMENTED
Once a program violation has been documented, the HA will propose the
most appropriate remedy based upon the type and severity of the violation.
1. Procedural Non-compliance This category applies when the family
"fails to" observe a procedure or requirement of the HA, but does not
misrepresent a material fact, and there is no retroactive assistance
payments owed by the family.
Examples of non-compliance violations are:
Failure to appear at a pre-scheduled appointment
Failure to return verification in time period specified by the HA.
(a) Warning Notice to the Family In such cases a notice
will be sent to the family that contains the following:
A description of the non-compliance or the procedure,
policy or obligation that was violated
The date by which the violation must be corrected, or the
procedure complied with.
The action which will be taken by the HA if the procedure
or obligation is not complied with by the date specified by
the HA.
The consequences of repeated (similar) violations
2. Procedural Non-compliance - Overpaid Assistance When the
family owes money to the HA for failure to report changes in income or
assets, the HA will issue a letter stating the overpayment of
assistance. This letter will contain the following:
A description of the violation and the date(s)
Any amounts owed to the HA.
The length of the required response period
The right to disagree and to request an informal hearing with
instructions for the request of such hearing
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(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 may 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 document the fife.
3, Intentional Misrepresentations When a participant falsifies,
misstates, omits or otherwise misrepresents 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.
h. Knowledge 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 and
Things You Should Know are adequate to establish knowledge of
wrongdoing.
The participant 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
known to him/her (e,g., employment of self or other
household member)
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(f) That the participant falsified, forged or altered documents.
(g) That the participant uttered and certified to statements
which were later independently verified to be false.
S. Dispositions of Gases Involving Willful Misrepresentations. In
all cases of misrepresentations involving efforts to recover monies
owed, the HA may pursue, depending upon its evaluation of the
criteria stated above, one or more of the following actions:
(a) Criminal Prosecution: if the HA has established criminal intent,
and the case meets the criteria for prosecution, the HA may:
Refer the case to the local State or District Attorney, notify
HUD's IG, and, if appropriate, terminate rental assistance.
Refer the case to HUD's IG, and terminate rental assistance,
(b) Administrative Remedies: The HA may:
Terminate assistance and demand payment of restitution in
full.
Terminate assistance and execute an administrative
repayment agreement in accordance with the HA's
Repayment Policy.
Terminate assistance and pursue restitution through civil
litigation.
Continue assistance at the correct level upon repayment of
restitution in full.
Permit continued assistance at the correct level and execute
an administrative repayment agreement in accordance with
the HA's repayment policy.
6. When the HA has established that material misrepresentations) have
occurred, a conference may be scheduled with the family
representative and the HA staff person who is most knowledgeable
about the circumstances of the case.
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In some cases, this conference will take place prior to any proposed
action by the HA. The purpose of such conference is to review the
information and evidence obtained by the HA with the participant, and
to provide the participant an opportunity to explain any documented
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 will be given an
appropriate and specific period of time 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.
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 after the case conference.
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Chapter 23
Project-Based Assistance (PBA) (24 CFR Part 983)
Housing Choice Voucher Program — Existing Housing
INTRODUCTION
The Housing Authority of the County of Contra Cosh has established a
project-based assistance program in compliance with 24 CFR Section 983
and HUD Notice 66-10 dated .January 16th, 2001, implementing guidance for
rehabilitation and new construction projects. Based on the new regulations
implemented in January 2001 for project-basing existing housing (meaning
a project with rehab expenditures of less than $1,000, or no rehab), the
agency has chosen to engage in additional project-based assistance for
existing housing. This program is being implemented for the purpose of
providing a resource of stable affordable housing units, in the volatile
economic market of Contra Costa County, and to help increase participation
by private owners in providing affordable housing.
The new regulations allow the Housing Authority to project-base up to 20%
(or 1,337) Section 8 vouchers under the Housing Authority's Annual
Contribution Contracts (ACC). The new regulations also place a cap of 25%
on the number of units in any one building that may have project-based
voucher assistance. However, projects for seniors, disabled, single family
homes, and buildings with 4 or fewer units may be project-based at more
than 25%.
The policies described in this chapter pertain to the new 2003 PBA Program
for existing housing that will be project-based at 25% or less only. (The
policy for project-basing existing housing for seniors at more than 25% and
all rehabilitation and new construction projects will follow the unit selection
policy described in Chapter 23).
A. Advertisement Policy for Soliciting Owners
1) All advertisements will be placed in a newspaper(s) of general
circulation in Contra Costa County (currently, The Contra Costa
Times). The advertisement will run once a week for a period of
three (3) consecutive weeks and indicate the number of vouchers
available to be project based and the type of units that will be
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considered for the project based program. Interested owners will
have at least 30 days from the date of last publication to apply.
2) A separate advertisement will be placed for existing non-elderly
and,/or non-disabled units that must comply with a 25% PBA unit
limitation (the 25% limit does not apply to single-family homes or
buildings with 4 or fewer units). This advertisement shall include
the Housing Authority's selection policy.
3) All advertisements for the PBA Program will contain a statement
that participation in the PBA Program requires compliance with Fair
Housing and Equal Opportunity Requirements.
4) Only applications received in response to Request for Proposals
(RFP) will be considered for the PBA Program.
5) For Senior/disabled housing to be project-based at more than 25%,
new construction and rehabilitated housing, HUD must pre-approve
the advertisement and unit selection policy (See Chapter 22 for unit
selection policies for these types of housing projects).
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PUBLIC NOTICE �
The Housing Authority of the County of Contra Costa (HACCC)will be accepting
applications from property owners for the Section 8 Project Based Assistance
(PBA)Program. This Request for Proposals (RFP)is established pursuant to Title
24, Chapter Vill of the Code of Federal Regulations,24 CFR, and Section 983.
Under the PBA Program, the HACCC will attach a Section 8 Voucher
Housing Assistance Payments Contract to a structure if the owner
agrees to rehabilitate or construct the structure other than with assistance
provided under the United States Housing Act of 1987. The rent for each
unit in the selected structure(s) will be subsidized by HACCC when the owner
leases the unit to an eligible family. The purpose of this program is to
encourage property owners to construct standard or upgrade substandard
rental housing stock, and make it available to low-income families at rents
within the Section 8 existing housing fair market rents.
Rehabilitation or new construction of selected projects cannot begin until the
Housing Authority and the owner(s) have executed an Agreement to enter
into an HAP Contract.
The HACCC estimates that up to in Contra Costa County will be
assisted under the funding available for this purpose.
Eligible Housing. Only existing housing will be considered. Existing
housing is housing that requires LESS THAN $1,000 per unit of
rehabilitation (or no rehabilitation) to meet Housing Qualities
Standards. Each unit must pass an HQS inspection before project-
based assistance can begin.
Expanding Housing and Economic Opportunities. Projects must be
located in census tracts with a poverty rate of 20% or less (projects
jlocated in areas with higher poverty rates may also be considered, but
the owner must submit justification for the need to project-base their
development in such an area. The Housing Authority will request a
waiver from HUD for these projects. Projects should also be located in
areas that are in close proximity (.5 mile or less) to public transportation
and in close proximity (3 miles or less) to the following: employment
centers, schools or colleges, health facilities, parks and recreational areas.
Deconcentration of poverty in addition to enhanced employment and
education opportunities is a critical selection factor.
i
Number of units to be project-based. Non-elderly, non-disabled
projects (with more than 4 units per building) are subject to a 25% limit
of PBA units in each building. Single-family homes and buildings with 4 or
fewer units may be project-based up to 100%
Project Readiness. Projects must be ready for occupancy under
the Project-Based Assistance Program within a reasonable period of
time (90 days or less from the date of application submission by the
Housing Authority).
Vacancy Rate. in order to maximize lease-up of project--based
units by persons on the waiting list, the Housing Authority will give
higher consideration to projects with a large number of vacant units
(at least 10%).
Contract Term. The Housing Authority will enter into a contract
for 10 years to provide rent subsidies for designated PBA units at
selected projects. Projects that request a contract for less than 10
years will not be considered.
Supportive Services. The Housing Authority will give higher
consideration to those projects that provide on-site supportive
services, i.e., case management, educational and/or life skills
courses, after-school tutoring, etc.
Occupied units. Tenants currently residing in units selected for
the PBA program must be eligible for the Section 8 Rental Subsidy
Program. The Housing Authority may not select a unit for project-
based assistance if occupied by persons who are not eligible for
participation in the program.
Only applications submitted in response to this advertisement will be
considered. For additional information, please contact
at (925)
Participation requires compliance with Fair Housing and Equal Opportunity
Requirements. Federal Labor Standards provisions may be applicable for new
and rehabilitation construction
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�. Unit Selection — Existing Housing to be Project-Based at 25%
or gess.
Eligible Housing. Only existing housing will be considered. Existing
housing is housing that requires LESS THAN $1,000 per unit of
rehabilitation (or no rehabilitation) to meet Housing Qualities
Standards. Each unit must pass an HQS inspection before project-
based assistance can begin.
2) Expanding Housing and Economic Opportunities. Projects must be
located in census tracts with a poverty rate of 20% or less (projects
located in areas with higher poverty rates may also be considered,
but the owner must submit justification for the need to project-base
their development in such an area. The Housing Authority will
request a waiver from HUD for these projects. Projects should also
be located in areas that are in close proximity (.5 mile or less) to
public transportation and in close proximity (3 miles or less) to the
following: employment centers, schools or colleges, health
facilities, parks and recreational areas. Deconcentration of poverty
in addition to enhanced employment and education opportunities is
a critical selection factor.
3) Number of units to be project-based. Non-elderly, non-disabled
projects (with more than 4 units per building) are subject to a 25%
limit of PBA units in each building. Single-family homes and
buildings with 4 or fewer units may be project-based up to 100%.
4) Project Readiness. Projects must be ready for occupancy under the
Project-Based Assistance Program within a reasonable period of
time (90 days or less from the date of application submission by the
Housing Authority).
5) Vacancy Rate. In order to maximize lease-up of project-based
units by persons on the waiting list, the Housing Authority will give
higher consideration to projects with a large number of vacant units
(at least 10%).
0) Contract Term. The Housing Authority will enter into a contract for
10 years to provide rent subsidies for designated PBA units at
selected projects. Projects that request a contract for less than 10
years will not be considered.
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7) Supportive Services. The Housing Authority will give higher
consideration to those projects that provide on-site supportive
services, i.e., case management, educational and/or life skills
courses, after-school tutoring, etc.
8) Occupied units. Tenants currently residing in units selected for the
PBA program must be eligible for the Section 8 Rental Subsidy
Program. The Housing Authority may not select a unit for project-
based assistance if it is occupied by persons who are not eligible for
participation in the program.
9) The Housing Authority may limit the total number of applications
accepted from any one entity,
C. Tenant Selection and Waiting List
The Housing Authority will maintain a separate waiting list for the PBA
Program. Participants must be selected from this list. The list will be
established and maintained as follows:
1) Tenants currently residing in units that are selected for the PBA
Program will not be displaced and will be given the opportunity, if
eligible, to receive rental assistance under the PBA Program without
being placed on the waiting list.
2) Persons on the regular Section 8 waiting list will be given an
opportunity to be placed on the PBA Wait List when it is open
without penalty to any other application for assistance they have
pending.
3) Applicants referred by the owners of PBA projects will be placed on
the project-based wait list when it is open.
4) An applicant cannot be removed from the waiting list because the
owner does not select them or because the family does not accept
the unit; they maintain their position on the waiting list as though
no offer was made.
5) Income targeting requires that no less than 75% of the families
admitted annually to the Section 8 Voucher Program (including PBA)
must have incomes that are less than 30% of the area median,
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D. DHAP Contract 'Term
The initial term of the HAP Contract under the project-based assistance
program will be 10 years and is subject to future availability of
appropriations and future availability of funding under the Housing
Authority's Annual Contribution Contracts.
Any renewal of project-based HAP Contracts will be determined at the time
of expiration of the initial contract and is subject to future availability of
funding under the Housing Authority's Annual Contribution Contracts.
E. Vacancy Payments
Owners may continue to receive the Housing Authority's portion of the rent
for up to Sixty (60) days after a unit becomes vacant. However, the owner
must show that they are not at fault for the vacancy and are taking every
action to minimize the likelihood and length of the vacancy.
F. Family Choice to Move with Continued Assistance
A family who resides in a Project Based Voucher unit for at least twelve (12)
months may move with continued assistance with a tenant-based Housing
Choice Voucher or its equivalent.
G. lent Calculation
1) HUD regulations provide that the PBA rents must be rent reasonable,
as initially determined by a qualified State-Certified Appraiser.
2) Contract rents are limited to 110% of the established FMR and include
the utility allowance for both the initial rent and annual adjustments.
3) HUD must approve the rent amounts for projects owned or
:substantially controlled by the Housing Authority and for projects
subject to a Subsidy Layering review by HUD (this includes projects
utilizing Low-Income Housing Tax Credits).
4) For projects utilizing Low Income Housing Tax Credits (LIHTC) AND
which are located OUTSIDE a Qualified Census Tract or QCT (QCTs
have a poverty rate of 25% or more), the rent limit may be the higher
of:
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• the amount charged for an LIHTC rent-restricted unit in the project;
• 110% of FMR; or
• HUD approved exception payment standard.
In all cases, however, the rents approved must be reasonable in
relation to rents charged in the private market for comparable
unassisted units in the area.
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Chapter 24
PROJECT BASED ASSISTANCE (PBA) (24 CFR Pert 983)
Housing Choice Voucher Program-New& Rehab Construction
INTRODUCTION
The Housing Authority of the County of Contra Costa has established a project-based
assistance program in compliance with 24 CFR Section 983 and implementing guidance of
the new statutory provisions published in the Federal Register on January 16th, 2001,
implementing guidance for rehabilitation and new construction projects. This program is
being 'implemented for the purpose of providing a resource of stable affordable housing
units, in the volatile economic market of Contra Costa County, and to help increase
participation by private owners in providing affordable housing.
The new statutory provisions allow the Housing Authority to project-base up to 20% (or
1,337) Section 8 vouchers under the Housing Authority's Annual Contribution Contracts
(ACC)'. The new statutory provisions also place a cap of 25% on the number of units in any
one building that may have project-basad voucher assistance. However, projects for
seniors, disabled, single family homes, and buildings with 4 or fewer units may be project-
based at more than 25%.
The Housing Authority's Unit Selection Policy under the Project-Based Assistance Program
is established in compliance with 24 CFR Section 983.51, and outlines the procedures by
which the Housing Authority of the County of Contra Costa (Housing Authority) will select
units to receive rental assistance through its Project Based Assistance (PBA) Program. Per
Section 983.4, this policy has been reviewed and approved by the HUD Field Office. The
procedures outlined in this policy include:
1. Advertising procedures
2. Application Requirements and Evaluation Criteria
3. banking and Selection Factors
1. ADVERTISING PROCEDURES
The Housing Authority will advertise in a newspaper of general circulation that the Housing
Authority will accept applications for assistance under a PBA Program (24 CFR Section
983) for specific projects. The advertisement must be approved by the HUDfield office and
may not be published until after the later of HUD authorization to implement a project-
based' program or ACC
execution.
The Housing Authority will use one or more of the following Contra Costa Area
newspapers:
Contra Costa Times
Contras Costa Times --Test County Edition
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Contra Costa Times -- East County Edition
Other local community newspapers (i.e., Walnut Creek News and Danville
The advertisement will be published once a week for three consecutive weeks and will
state the following:
•Application Deadline (at least 30 days after the last published date of advertisement).
• Number of units the Housing Authority estimates it will be able to assist under the
funding it is making available for this purpose.
• only applications submitted in response to the advertisement will be considered.
The following format will be used for all notices advertising Housing Authority acceptance of
applications for the PBA Program:
PUBLIC NOTICE
The Housing Authority of the County of Contra Cosh(HACCC)will be j
accepting applications from property owners for the Section 8 Project
Based Assistance (PBA)Program.This Request for Proposals(RPP) is
established pursuant to Title 24,Chapter Vill of the Code of Federal
Regulations, 24 CFR,and Section 983.
Under the PISA Program, the HACCC will attach a Section 8 Voucher Housing Assistance Payments
Contract to a structure if the owner agrees to rehabilitate or construct the structure other than with assistance
{{2 provided under the United States Housing Act of 1937.The rent for each unit in the,selected structure(s)will
be subsidized by HACCC when the owner leases the unit to an eligible family. The purpose of this program is
to encourage property owners to construct standard or upgrade substandard rental housing stock, and make
it available to low-income families at rents within the Section 8 existing housing fair market rents.
i Rehabilitation or new construction of selected projects cannot begin until the Housing
Authority and the owner(s) have executed an Agreement to enter into an HAP Contract.
The HACCC estimates that up to in Contra Costa County will be assisted under the funding available
i' for this purpose.
f
RFP packets will be available at the Housing Authority office at 3133 Estudillo Street Martinez. CA 95553,
E between the hours of 8:00 a.m. and 4:30 p.m. from(Initial Date)through (Closing gate). The application
submission deadline is(Deadline Date) (30 days after the date the advertisement is last published).
l
Only applications submitted in response to this advertisement will be considered.
For additional information. please contact at(925) _ _____•
Participation requires compliance with Fair Housing and Equal opportunity Requirements.Federal Labor Standards provisions i
may be applicable for new and rehabilitation construction
.:.1 {
Pursuant to 24 CFR, Section 983.51(e), the Housing Authority may select units to which
assistance is to be attached, without advertising and without applying the selection factors
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otherwise required, if attachment of project-based assistance would further the purposes of
the sale of a public housing project to a resident management corporation under Section 21
of the U.S. Housing Act of 1937 (42 U.S. C. 1437s).
2. APPLICATION REQUIREMENTS AND EVALUATION CRITERIA
Applications will be reviewed and ranked and will be subject to the ranking factors as
described below. The following procedures will be followed by the Housing Authority in
accepting and screening owner applications submitted for the PBA.
A. Application Submission Deadline
Owner applications will be accepted until the published deadline at the Housing Authority
Office indicated on the RFP. The Housing Authority will date and time stamp all
applications upon receipt. Applications received after the published deadline date will not
be accepted. Postmarks are not acceptable.
B. Application Format
Owner applications are to be completed using the forms and/or format described in the
Request for Proposals.
C. Incomplete Applications
If a supporting document required by the RFP is not under the control of the applicant and
cannot be obtained within the Ming deadline, the applicant must include a written
explanation in the application detailing the cause of the delay and the anticipated date the
document will be delivered. The Housing Authority will review the information provided and
accept the application, but classify it as non-responsive pending receipt of the document.
The application will be re-dated upon receipt of the document. In no case will
documentation be accepted more than ten (10) days after the final deadline.
If, after Housing Authority review, an application is found to be non-responsive or
noncompliant with the RFP, written selection criteria and procedures, or HUD program
regulations, it will be identified as deficient and will be returned to the applicant with
notification listing the deficiencies. The Housing Authority will give the applicant ten (10)
working days to correct the deficiency. The application will not be further considered until
the missing information is submitted. In cases where the application meets the minimum
information requirements, but is defective through typographical or minor calculation errors,
the application will be processed.
The Housing Authority reserves the right to reject applications at any time for
misinformation, errors, or omissions of any kind, no matter how far they have been
processed.
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D. Application Content
The RFP will list the property requirements for both rehabilitated and new construction
projects, including the site and neighborhood standards (983.6), zoning requirements,
eligible/ineligible properties (983.7), the requirement that selected units be in census tracts
with poverty rates of less than 20 percent poverty , The Housing Authority may submit a
request for a HUD waiver of the 20% poverty rate if the HA and or owner can clearly
demonstrate that the project basing these units is consistent with the goal for
deconcentrating poverty and expanding housing and economic opportunities and other
Federal Requirements (983.11)•
The RFP will require that applications from owners must meet the requirements listed
above and must contain the following information:
1. A detailed description of the housing to be constructed or rehabilitated, including:
a. The number of units by size (square footage), bedroom count, and bathroom count-,
b. Sketches of the proposed new construction or rehabilitation;
c. Unit plans;
d. A listing of amenities and services;
e. The estimated date of completion; and
f. Accessibility requirements related to Section 504 and the Fair Housing Act.
For rehabilitation, the description must describe the property as is and must also describe
the proposed rehabilitation,
2. Evidence of site control.
For new construction, must include identification and description of the proposed site, site
plan and neighborhood.
3. Evidence that the proposed new construction or rehabilitation is permitted by current
zoning ordinances or regulations, or evidence to indicate that the needed rezoning is
likely to be obtained and will not delay the project.
4. The proposed contract rent per unit, including an indication of which utilities, services,
and equipment are included in the rent and which are not included. For those utilities that
are not included in the rent, an estimate of the average monthly cost of each unit type for
the first year of occupancy.
5. A statement identifying:
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.............
a. The number of persons (families, individuals, businesses and nonprofit organizations)
occupying the property on the date of the submission of the application;
b. The number of persons to be, temporarily relocated or moved.
c. Federal Labor Standards-Davis Bacon Act requirement if the building contains nine or
more units after rehabilitation or construction.
d. The estimated cost of relocation payments and services, and the sources of funding;
e. The organization(s) that will carry out the relocation activities; and
f. Information regarding the owner and other project principals, including:
(i) the identity of the owner and other project principals and the names of officers
and principal members, shareholders, investors, and other parties having a
substantial interest;
(ii) certification showing that the above-mentioned parties are not on the U.S.
General Services Administration list of parties excluded from Federal
procurement and non-procurement programs;
(iii) a disclosure of any possible conflict of interest by any of these parties that
would be a violation of the Agreement or the HAI••'' contract; and
(iv) information on the qualifications and experience of the principal participants.
Information concerning any participant who is not known at the time of the owner's
submission must be provided to the HA as soon as the participant is known.
g. The owner's plan for managing and maintaining the units.
h. Evidence of financing or lender interest and the proposed terms of financing.
i. The proposed term of the HAW contract; and
j. Such other information as the HA believes necessary as identified in the Public
Notice, IFP/application, or in the selection and/or ranking criteria.
E. Application Review Panel
If there are no Housing Authority-owned or controlled applicants, the Executive Director of
the Housing Authority, his designee, or a PBA Selection Panel appointed by the Housing
Authority will review, evaluate, rank, and select the applications according to the approved
Unit Selection Policy.
If the Housing Authority administering the ACC or an entity substantially controlled by the
Housing Authority administering the ACC submits an application, all applications received
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in response to the advertisement, including the Housing Authority's, will be forwarded to the
HUD field office. The HUD field office will review the owner applications and make final
selection based on criteria in the Housing Authority's Unit Selection Policy approved by the
HUD field office.
F. Application Review
The Housing Authority (or HUD if there are Housing Authority-awned or controlled
applications) will review all applications. Before selecting units, the Housing Authority will
determine that each application is responsive to and in compliance with the Housing
Authority's written selection criteria and procedures, and in conformity with HUD program
regulation and requirements, including the following items:
1. Evidence of site control.
2. Certification that the owner and other project principles are not on the U.S. General
Services Administration list of parties excluded from Federal procurement and non-
procurement programs.
3. Proposed initial gross rents must be within the HA's Payment Standard for the applicable
sized units and location.
4. Property must meet eligibility requirements under§ 983.7 (Eligible and ineligible
Properties and HA-owned units), § 983.11 (Other Federal requirements) and § 983.6
(Site and Neighborhood Standards).
5. Property will be rehabilitated or constructed with other than assistance under the U.S.
Housing Act of 1937 in accordance with § 983.9.
6. No rehabilitation or construction has begun (as evidenced by Housing Authority
Inspection).
7. FOR REHAB ONLY: Property meets the $1000 per assisted unit requirement under
§ 983.8 of the regulations (as evidenced by Housing Authority inspection).
If the property meets this requirement, the HA will determine the specific work items
needed to bring each unit to be assisted up to the HQS as described in § 983.5, other
repairs needed to meet the $1000 requirement, and in the case of projects of five or
more units, any work items necessary to meet the accessibility requirements of Section
504 of the Rehabilitation Act of 1973).
8. FOR NEW CONSTRUCTION ONLY: For projects of four or more units, the HA will
determine whether any work items necessary to meet the accessibility requirements of
Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Amendments.Act of
1988 will be completed.
9. The number of current tenants (for Rehab projects) that are low-income families. The HA
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may not select a unit, or enter into an Agreement with respect to a unit, if the unit is
occupied by persons who are not eligible for participation in the program.
10. Not more than 25% of units per building are eligible for PBV assistance, except to the
extent such buildings are in a senior housing project or housing project for persons
with disabilities meeting any applicable California and federal standards pursuant to the
Civil Rights Act and the federal Fair Housing Amendments Act, in which case up to
100% of the units in such buildings are eligible for PBV assistance.
11. Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Amendments Act.
If a proposal does not meet the requirements as indicated above, it will be designated as
non responsive and a notice to that effect, identifying the disqualifying factor, will be sent to
the applicant (See Section 2C. Incomplete Applications).
Proposals that meet the requirements will be evaluated and ranked by the PBA panel. A
PBA Ranking List will be prepared according to points awarded to each proposal. The
Housing Authority may, at its discretion, select one or more of the proposals submitted, or
none of the proposals submitted.
FOR NEW CONSTRUCTION PROJECTS ONLY: The Housing Authority must submit to
the HUD field office for the site and neighborhood review only those applications
determined by the Housing Authority to be eligible for further processing pursuant to
paragraph (a) of§ 983.55. The applications will be submitted to the HUD field office with a
certification stating that the unit or units were selected in accordance with the Housing
Authority's approved unit selection policy. The Housing Authority's submission will not
exceed the number of uncommitted units for which the Housing Authority is authorized to
designate as project-based assistance in connection with new construction. If the number
of units contained in applications the Housing Authority has determined to be eligible for
further processing exceeds the number for which the Housing Authority is authorized to
designate as project-based assistance, the HA may submit only the top-ranked
applications.
G. Cather Requirements
1. Before executing an Agreement with any selected owner, the Housing Authority must;
a. Contract with a State-certified general appraiser and establish the rents in accordance
with § 983.12, or seek and obtain the HUD-determined initial contract rents for any
HA-owned or controlled units or projects financed with a HUD insured or co-insured
multifamily mortgage.
b. Obtain subsidy-layering contract rent reviews from HUD or a Housing Credit Agency.
c. Obtain environmental clearance in accordance with § 983.11.
d. Submit a certification to he HUD field office stating that the unit or units were selected
in accordance with the Housing Authority's approved unit selection policy.
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2. The HUD field office must establish initial contract rents for any Housing Authority-owned
units or projects financed with a HUD insured or co-insured multifamily mortgage. HUD
must also conduct subsidy layering contract rent reviews.
3. For rehabilitation projects, the owner must prepare work write-ups and, where
determined necessary by the Housing Authority, specifications and plans. The Housing
Authority has flexibility to determine the appropriate documentation to the submitted by
the owner based on the nature of the identified rehabilitation. The work write-ups must
address the specific work items identified by the Housing Authority under § 983.52 (a).
4. Before an Agreement is executed for new construction units, the owner must submit the
design architect's certification that the proposed new construction reflected in the
working drawings and specifications comply with housing quality standards local codes
and ordinances, and zoning requirements.
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3. RAN'KIN'G AND SELECTION FACTORS
The Housing Authority to rank and select applications will use the following factors for the
PBA Program. Each factor is comprised of several components with an associated point
value. The total points awarded to an application will be aggregate of the component
subtotals for each factor.
The Housing Authority may include additional factors to address local objectives for the
specific RFP being published. The total points awarded to an application will be aggregate
of the component subtotals for each factor.
FACTOR SUMMARY AND POINTS
FACTOR MAX POINTS
A. Site Location Adequacy 5 points
B. Desi n Adequacy 10 points
C. Previous Experience of Applicant and 45 points
Related Participants in Development, Marketing
and Management
D. Project Feasibility and Readiness to Begin 25 points
Construction
E. Public Purpose Relative to Area Housing 20 points
Needs
TOTAL MAXIMUM POINTS: 106
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FACTOR COMPONENTS:
The factors listed above will be reviewed according to the following components:
A. Site Location Adequacy
I If not an elderly or handicapped resident project, upon r If no —0 pts.
completion, project will be within two miles of places of If yes — 5 pt,
signi icant employment enng a range of jobs for
lower income workers, and a significant health facility.
2. If an elderly or handicapped resident project, upon If no- 0 pts,
completion, project will be within 1/4mile of shopping, a If yes — 5 pt.
significant health facility and neighborhood services, or
is within '/4 mile of bus or rail line to shopping, a
significant health facility and neighborhood services, or
sponsor certifies it shall offer weekly transportation
services to residents to shopping, a significant health
faciliand neighborhood services.
MAXIMUM POINTS
B. Design Adequacy
1. Project architectural elevations, setbacks, and massing
considered acceptable both for proposed use and in Does not meet
relation to adjacent land uses by local Planning standard — 0 pts.
Department as evidenced by written Planning Meets standard - 5
Department staff comments. pts.
2. Project amenities are appropriate for the planned use: Does not meet
If a family housing development, the site plan provides standard —0 pts.
for laundry facilities and significant recreational facilities Meets standard - 5-
on site or such facilities exist or are to be provided in pts.
conjunction with project development within '/4 mile of the
project site.
3. Project amenities are appropriate for the planned use: Does not meet
If a senior housing development, both (a) units offer standard —0 pts.
access to exterior in the form of balconies and first floor Meets standard - 5
patio areas and (b) interior furnished common areas are Pts.
offered having square footage figures not less than
required under California Tax Allocation Committee
Regulations. I
MAXIMUM POINTS 10
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............... ......
C. Previous Experience of Applicant and Related Participants in
Development, Marketing and Management
1. Number of low income housing units developed and Less than 100— Opts
completed (as primary or co-sponsor). 101 to 500— 5 pts
501 — 1000— 10 pts
More than 1000 — 15
Pts
2. Number of low income housing units managed by Less than 500—0 pts
proposed property management agent 501 to 1500 -- 5 pts
More than 1500 -- 10
is
8. Project Financing Experience (by primary or co-sponsor)1f project not bond
financed -- 10 points
If bond financed,
number of units bond
financed:
Less than 100 — 0 pts
101 to 500—10 pts
over 500 -20 ts.
MAXIMUM POINTS 45
D. Project Feasibility and Readiness to Commence Construction
i 1. Zoning status Likely to be
obtained — 0 pts.
Zoning approved —
5 pts.
2. Amount of projected construction period or permanent Less than 50% - 0
period debt financing required for feasibility conditionally pts
committed and/or reserved by official governmental 50% to 80% - 10 pts
action. Over 80% _ 20 is
MAXIMUM POINTS ��
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E. PubliclDur
pose Relative to Local Housing Needs
1. Percentage of all units, including non-PBV units, to Less than 50% - 0 pts
be restricted to low or very low income occupancy 50% to 75% - 5 pts
Over 75% - 10 is
2. Senior Housing 5 is
amily or Special Needs 10 is
M
*Priority Needs would be those indicated in the Consolidated Plan for a particular
community or any other official document that indicates a community's needs as it relates
to housing. Applicants will be asked for justification/documentation of how their project
meets priority needs.
Examples of priority needs:
From the Consolidated Plan for Contra Costa County: One of the strategic plan objectives
of the Urban County is to provide housing opportunities for special needs populations.
These include; frail elderly, and those afflicted with permanent physical or emotional
disorders.
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.............
CHAPTER 25
HOME OWNERSHIP OPTION PROGRAM
1. GENERAL PROVISIONS. [24 CFR 982.6251
The Section 8 Home Ownership Program of the Housing Authority of
the County of Contra Costa ("HACCC") permits eligible participants in
the Section 8 housing choice voucher program, including participants
with portable vouchers, the option of purchasing a home with their
Section 8 assistance rather than renting. The home ownership
option is limited to one percent (1%) of the total Section 8
voucher program administered by the HACCC in any fiscal year,
provided that disabled families shall not be subject to the 1%
limit. The home ownership option will only be eligible to Housing
Choice Voucher participants who are enrolled in the Family Self
Sufficiency (FSS) program. Eligible applicants for the Section 8 home
ownership program must have completed an initial Section 8 lease
term, may not owe the HACCC or any other Housing Authority an
outstanding debt, and must meet the eligibility criteria set forth
herein.
2. FAMILY ELIGIBILITY REQUIREMENTS. [24 CFR 91 2.627]
Participation in the Section 8 home ownership program is voluntary.
The family must be eligible for the Housing Choice Voucher program.
The additional eligibility requirements for participation in the HACCC
Section 8 home ownership program include that the family must:
(A) qualify as a first-time homeowner, or may be a co-
operative member;
(B) with the exception of elderly and disabled households,
meet the Federal minimum wage requirement. Unless the
family is elderly or disabled, income from welfare
assistance will not be counted towards this requirement;
(C) with the exception of elderly and disabled households,
meet the requisite employment criteria;
(D) have completed an initial HAP & lease term no less than
9-months in the Section 8 housing choice voucher
program;
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(E) have fully repaid any outstanding debt owed to the
Housing Authority of the County of Contra Costa
or any other Housing Authority;
(F) not defaulted on a mortgage securing debt to purchase a
home under the home ownership option;
(G) not have any member who has a present ownership
interest in a residence at the commencement of home
ownership assistance.
A. First-Time Homeowner
Each Section 8 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 Section 8 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.
At the time the family begins receiving homeownership
assistance, the head of household, spouse, and/or other adult
household members who will own the home, must have a gross
annual income at least equal to the Federal minimum hourly
wage multiplied by 2000 hours.
(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 reedy Families ("TANP); Supplemental Security
Income ("SSI") that is subject to an income eligibility test; food
stamps; general assistance; or other welfare assistance specified
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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.
It does not affect the determination of income-eligibility for
admission to the Section 8 housing choice voucher program,
calculation of the family's total tenant payment, or calculation of
the amount of home ownership assistance payments.
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 weep) 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 (one month).
D. Completion of Initial Lease Term.
New participants in the Section 8 housing choice voucher
program shall be ineligible for participation in the Section 8
home ownership program until completion of an initial Section 8
lease term no less than 9- months and the participant's first
annual recertification in the Section 8 housing choice voucher
program. Nothing in this provision will preclude Section 8
participants that have completed an initial lease term in another
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jurisdiction from participating in the Section 8 home ownership
program. However, the family must provide certification from
the issuing jurisdiction that they meet the "additional eligibility
factors" requirements' specified in this chapter.
E. Repayment of Any Housing Authority Debts
Participants in the Section 8 housing choice voucher program
shall be ineligible for participation in the Section 8 home
ownership program in the event any debtor portion of a debt
remains owed to the HACCC, or any other Housing Authority.
Nothing in this provision will preclude Section 8 participants that
have fully repaid such debt(s) from participating in the Section 8
home ownership program.
F. 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 Section 8 home ownership program.
(2) Preference for Participation in FSS Program
Applicants for the home ownership program are required to
participate in the HACCC's Family Self Sufficiency ("FSS")
program in order to participate in the home ownership program.
However, in the event the applications for home ownership
assistance exceed one percent (1%) of the HACCC total voucher
program in any fiscal year, FSS participants shall have a
preference for participation in the home ownership program.
Participants in an Individual Development Account ("IDA")
program administered by an agency other than the HACCC also
will receive a preference for home ownership assistance in the
event applicants for home ownership assistance exceed the 1%
limitation.
(8) Prior Mortgage defaults
If a head of household, spouse, or other adult household
member who will execute the contract of sale, mortgage and
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loan documents has previously defaulted on a mortgage
obtained through the Section 8 home ownership program, the
family will be ineligible to participate in the home ownership
program.
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3. 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 home
ownership 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;
(a) allow the HACCC to inspect the proposed home
ownership dwelling to ensure that the dwelling meets
appropriate housing quality standards;
(E) obtain an independent inspection covering major
building systems;
(l=) obtain HACCC approval of the proposed mortgage
(which must comply with generally accepted mortgage
underwriting requirements); and
(C) enter into a written agreement with the HACCC to
comply with all of its obligations under the Section 8
program.
A. Home Ownership 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 commencement of home
ownership assistance. The home ownership 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 purchasing
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and locating homes in areas that do not have a high
concentration of low-income families, information about Mate
and Federal truth-in-lending laws, and how to avoid loans with
oppressive terms and conditions.
Nate: § 982.620(b) provides "suggested topics" for the PHA
required pre-assistance counseling program --- which are, for
the most part, included here. HACCC omitted suggested topics
regarding fair housing, RESPA obligations and predatory lending
issues. These topics should be included in the homeownership
counseling program.
The counseling agency providing the counseling program shall
either be approved by HUD or the program shall be consistent
with the home ownership counseling provided under HUD's
Housing Counseling program.
The HACCC may require families to participate in a HACCC-
approved home ownership counseling program on a continuing
basis.
B. Search and Purchasing requirements [24 CFR
982.629].
(1) Locating A Home
The family's deadline date for locating a home to purchase
will be 120 days from the date the family's eligibility for
homeownership option is determined. A home shall be
considered located if the family submits a proposed sales
agreement with the requisite components to the HACCC.
For good cause, HACCC may extend a Section 8 family's
time to locate the home for additional thirty (30) day
increments not to exceed 180 days. During a Section 8
participant's search for a home to purchase, their Section 8
rental assistance shall continue, pursuant to the
Administrative Plan. If a Section 8 participant family is
unable to locate a home within the time approved by the
HACCC, their Section 8 rental assistance through the
Section 8 housing choice voucher program shall continue.
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(2) Eligible Units [24 CFR 982-628]
The unit must meet HUD's "Eligible Housing" requirements.
The unit may not be any of the following:
(a) A public Housing or Indian housing unit;
(b) A unit receiving section 8 project-based
assistance;
(c) A nursing home, board and care home, or a
facility providing continual psychiatric, medical or
nursing services;
(d)A college or other school dormitory;
(e) On the grounds of penal, reformatory, medical,
mental, or similar public or private assistance.
A family approved for Section 8 home ownership
assistance may purchase the following type of homes
within the County of Contra Costa:
1. a new or existing home
2. a single-family home, a condominium
3. a home in a planned use development
4. a cooperative
5. a loft or live/work unit
6. a manufactured home to be situated on a privately
owned lot or on a leased pad in a mobile home park.
The home must be existing or under construction at the time the
HACCC determines the family eligible for home ownership
assistance [to purchase the unit (§ 982.628(a)(2).]. The family
also may purchase a home in a jurisdiction other than the
County of Contra Costa, provided the Housing Authority in the
receiving jurisdiction operates a Section 8 home ownership
program for which the Section 8 home ownership applicant
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qualifies or authorizes the HACCC to administer the home
.ownership assistance in their jurisdiction.
In the former case, a family`s participation in the Section 8 home
ownership program will be subject to the Section 8 home
ownership program and policies of the receiving jurisdiction.
(3) Purchasing a Home
Once a home is located 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 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 intervals to be determined by the Housing Services
Counselor.
(4) Failure to Complete Purchase
If a Section 8 participant is unable to purchase the home within
the maximum time permittedby HACCC, HACCC shall continue
the family's participation in the Section 8 housing choice voucher
program. The family may not re-apply for the Section 8 home
ownership program until they have completed an additional year
of participation in the Section 8 housing choice voucher program
following the initial determination of their eligibility for the home
ownership option.
C. Sales Agreement
Prior to execution of the offer to purchase or sales agreement,
the financing terms must be provided by the family to the
HACCC for approval. The sales agreement must provide for
inspection by the HACCC and the independent inspection
referred to in Section 3(E), and must state that the purchaser is
not obligated to purchase unless such inspections are
satisfactory to the HACCC. The contract must also provide that
the purchaser is not obligated to pay for any necessary repairs
without approval 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
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pursuant to Section 3(F). The sales agreement must also
contain a seller certification that the seller is not debarred,
suspended, or Subject to a limited denial of participation under
24 CFR part 24.
D. Independent Initial Inspection Conducted
24 C Ra/l�i2.631
To assure that the home complies with the housing quality
standards of the Section 8 program, home ownership assistance
payments may not commence until the HACCC first inspects the
home. An independent inspection of existing homes covering
major building systems also must be completed by a professional
selected by the family and approved by the HACCC. The HACCC
will not pay for the independent inspection. The independent
inspection report must be provided to the HACCC. HACCC may
disapprove the unit due to information contained in the report or
for failure to meet federal housing quality standards.
E. Financing Requirements, [ 24 CFR 982. 632]
The proposed financing terms must be submitted to and
approved by the HACCC prior to close of escrow. The HACCC
shall determine the affordability of the family's proposed
financing. In making such determination, the 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. Seller-financing mortgages shall
be considered by the HACCC on a case by case basis. If a
mortgage is not FHA-insured, the HACCC will require the lender
to comply with generally accepted mortgage underwriting
standards consistent with those of HUD/ FHA, 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.
F. Compliance With Family Obligations
A family must agree, in writing, to comply with all family
obligations under the Section 8 program and HACCC's home
ownership policies.
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These obligations include:
(1) attending ongoing home ownership counseling, if required by
the HACCC;
(2) complying with the mortgage terms;
(3) not selling or transferring the home to anyone other than a
member of the assisted family who resides in the home while
receiving home ownership assistance;
(4) not refinancing or adding debt secured by the home without
prior approval by the HACCC;
(5) not obtaining a present ownership interest in another
residence while receiving home ownership assistance; and
(6) supplying 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, plus the HACCC Home ownership
Family obligation policies and other certifications as requested
by the Housing Authority..
G. Compliance Lien
Upon purchase of a home, the family must execute
documentation as required by HUD and the HACCC, consistent
with State and local law, securing the right of the HACCC to
recapture the home ownership assistance. The lien securing the
recapture of home ownership subsidy may be subordinated to a
refinanced mortgage.
[Note.- Moving to another home in the sante PHA
jurisdiction, as well as buying ,mother home in
another PHA jurisdiction, is permitted with
continued use of homeownership assistance. See §§
982.6361 8 637.]
4. AMOUNT OF ASSISTANCE.
The amount of the monthly assistance payment will be based on three
factors. the voucher payment standard for which the family is eligible;
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the monthly home ownership expense; and the family's household
income. The HACCC will pay the lower of either the payment
standard minus the total family contribution ("TFC") or the family's
monthly home ownership expenses minus the TFC. The Section 8
family will pay the difference.
A. Determining the Payment Standard
The voucher payment standard is the fixed amount the HACCC
annually establishes as the "fair market rent" for a unit of a
particular size located within the HACCC jurisdiction. In the
home ownership program, the initial payment standard will be
the lower of either
(1) the payment standard for which the family is eligible based
on family size; or
(2) the payment standard which is applicable to the size of the
home the family decides to purchase.
The payment standard for subsequent years will be based on the
higher of:
(1) the payment standard in effect at commencement of the
home ownership assistance; or
(2) the payment standard in effect at the most recent regular
reexamination of the family's income and size.
The initial payment standard, for purposes of this comparison,
shall not be adjusted even if there is a subsequent decrease in
family size. The HACCC has approved payment standards up to
120% for certain specified localities within its jurisdiction.
B. Determining the Monthly Home Ownership
Expense. [24 CFR 982.635]
Monthly home ownership expense includes all of the following:
principal and interest on the initial mortgage and any mortgage
insurance premium (MIP) incurred to finance the purchase and
any refinancing of such debt; real estate taxes and public
assessments; homeowner's insurance; maintenance expenses
per HACCC allowance; costs of major repairs and replacements
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per HACCC allowance (replacement reserves); utility allowance
per the HACCC schedule of utility allowances; principal and
interest on mortgage debt incurred to finance major repairs,
replacements or improvements for the home including changes
needed to make the home accessible; and homeowner
association dues, fees or regular charges assessed, if any.
Home ownership expenses for a cooperative member may only
include HACCC approved amounts for the cooperative charge
under the cooperative occupancy agreement including payment
for real estate taxes and public assessments on the home;
principal and interest on initial debt incurred to finance purchase
of cooperative membership shares and any refinancing of such
debt; home insurance; the allowances for maintenance
expenses, major repairs and replacements and utilities, and
principal and interest on debt incurred to finance major repairs,
replacements, or improvements, including changes needed to
make the home accessible.
C. Determining the Total Family Contribution
The TFC is that portion of the home ownership expense that the
family must pay. It is generally 30% percent of the family's
adjusted income, plus any gap between the payment standard
and the actual housing cost. All family income (including public
assistance), will be counted to determine the family's adjusted
monthly income for purposes of determining the amount of
assistance.
D. Payment to Family or Lender.
The HACCC will provide the lender with notice of the amount of
the housing assistance payment prior to close of escrow and will
pay the HACCC contribution towards the family`s homeowner
expense directly to the family, unless otherwise required by the
lender. The family will be responsible to submit the entire
mortgage payment to the lender unless the lender requires
direct payment of the contribution from the HACCC.
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5. TERMINATION OF SECTION 8 HOME OWNERSHIP
ASSISTANCE. [ 24 CFR 982.6 38]
A. Grounds for Termination of Home Ownership
Assistance
(1) Failure to Comply with Family Obligations Under
Section 8 Program or the HACCC Home Ownership
Policies
A family's home ownership assistance may be terminated if
the family fails to comply with its obligations under the
Section 8 program, HACCC home ownership policies, or if
the family defaults on the mortgage. if required, the
family must attend and complete ongoing home ownership
and housing counseling classes. The family must comply
with the terms of any mortgage incurred to purchase
and/or refinance the home. The family must provide
HACCC with written notice of any sale or transfer of any
interest in the home; any plan to move out of the home
prior to the move; the family's household income and
home ownership expenses on an annual basis, any notice
of mortgage default received by the family; and any other
notices which may be required pursuant to HACCC home
ownership policies.
Except as otherwise provided in this Section, the family
may not convey or transfer the home to any entity or
person other than a member of the assisted family while
receiving home ownership assistance.
(2) occupancy of Home.
Home ownership assistance will only be provided while the
family resides in the home. If the family moves out of the
home, the HACCC will not continue home ownership
assistance, commencing with the month after the family
moves out. Neither the family nor the lender is obligated
to reimburse the HACCC for home ownership assistance
paid for the month the family moves out.
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(3) Changes in Income Eligibility.
A family's home ownership assistance may be changed in
the month following annual recertification of the household
income, but participation in the Section 8 Home Ownership
program shall continue until such time as the assistance
payment amounts to $0 for a period of six (6) consecutive
months.
(4) Maximum Term of Home Ownership Assistance.
24 GER 982.634]
Notwithstanding the provisions of Section 5(A),
subparagraphs 1 through 3, except for disabled and elderly
families, a family may receive Section 8 home ownership
assistance for not Longer than ten (10) years from the date
of close of escrow unless the initial mortgage incurred to
finance purchase of the home has a term that is 20 years
or longer, in which case the maximum term is 15 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 or elderly family ceases to qualify as disabled or
elderly, the appropriate maximum term becomes
applicable from the date home ownership assistance
commenced; provided, however, that such family shall be
eligible for at least six additional months of home
ownership assistance after the maximum term becomes
applicable.
The time limit applies to any member of the household
who has an ownership interest in the unit during any time
that home ownership payments are made, or is a spouse
of any member of the household who has an ownership
interest.
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B. Denial or Termination of Home Ownership
Assistance. [ 24 CFR 982.638]
A participant in the Section 8 Home Ownership program shall be
entitled to the same termination notice and informal hearing
procedures as set forth in the Administrative Plan of the HACCC
for the Section 8 housing choice voucher program. However, the
provisions of CFR 982. 551 (c) through (j ) are not applicable to
homeownership.
6. CONTINUED PARTICIPATION IN SECTIONS HOUSING
CHOICE VOUCHER PROGRAM.
A. Default on FHA-Insured Mortgage
If the family defaults on an FHA-insured mortgage, the HACCC
may permit the family to move with continued Section 8 housing
choice rental assistance if the family demonstrates that it has
(a) conveyed title to the home to HUD or its designee, as
required by HUD; and
(b) moved from the home within the period established or
approved by HUD.
S. Default on non-FHA-Insured Mortgage
If the family defaults on a mortgage that is not FHA-insured, the
HACCC may permit the family to move with continued Section 8
housing choice voucher rental assistance if the family
demonstrates that it has:
(a) conveyed title to the home to the lender, to the HACCC
or to its designee, as may be permitted or required by the
lender; and
(b) moved from the home within the period established or
approved by the lender and/or the HACCC
7. HACCC ADMINISTRATIVE FEE
For each month that home ownership assistance is paid by the
HACCC on behalf of the family, HACCC shall be paid the ongoing
administrative fee described in 24 C.F.R. §982.152(b).
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$ 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
Section 8 home ownership 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.
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GLOSSARY
A. ACRONYMS USED IN SUBSIDIZED HOUSING
AAF Annual Adjustment Factor. A fetor published by HUD in the
Federal Register which is used to compute annual rent
adjustment.
ACC Annual Contributions Contract
BR Bedroom
CDBG Community Development dock Grant
CFR Cade of Federal Regulations. Commonly referred to as "the
regulations". The CFR is the compilation of Federal rules which
are first published in the Federal Register and define and
implement a statute.
CPI Consumer Price Index - CPI is published monthly by the
Department of Labor as an inflation indicator.
ELI Extremely low income
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration
FICA Federal Insurance Contributions Act - Social Security taxes
FmHA Farmers Home Administration
FMR Fair Market Rent
FY Fiscal Year
FYE Fiscal Year End
GAO Government Accounting Office
GFC Grass Family Contribution tete: Has been replaced by the
term Total Tenant Payment (TTP).
GR Gross Rent
HAP Housing Assistance Payment
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Glossary-1
MAP Plan Housing Assistance plan
HCDA Housing and Community Development Act
HQS Housing Quality Standards
HUD The Department of Housing and Urban Development or its
designee.
HURRA Housing and Urban/Rural Recovery Act of 1983; resulted in most
of the 1984 HUD regulation changes to definition of income,
allowances, rent calculations
IG Inspector General
IGR Independent Group Residence
IPA Independent Public Accountant
IRA Individual Retirement Account
MSA Metropolitan Statistical Area established by the U.S. Census
Bureau
PHA public Housing Agency
PTA, A Primary Metropolitan Statistical Area established by the U.S.
Census Bureau
PS Payment Standard
QC Quality Control
RFAT Request for Approval of Tenancy
RFP Request for Proposals
RRP Rental Rehabilitation program
SRC} Single Room Occupancy
SSMA Standard Statistical Metropolitan Area. Has been replaced by
MSA, Metropolitan Statistical Area.
TR Tenant Rent
TTP Total Tenant payment
UA Utility Allowance
Housing Authority of the County of Contra Costa
4i2004-05 Admin Plan.
Glossary-2
URP Utility Reimbursement Payment
B, DEFINITION OF TERMS IN 'SUBSIDIZED HOUSING
ADMINISTRATIVE PLAN The HUD required written policy of the PHA
governing its administration of the Section 8 Certificate and
Voucher program. The Administrative Plan and any revisions
must be approved by the FHA's board and a copy submitted to
HUD.
ABSORPTION In portability, the point at which a receiving PHA strips billing
the initial PHA for assistance on behalf of a portability family.
The receiving PHA uses funds available under the receiving PHA
consolidated ACC.
ACC RESERVE ACCOUNT (FORMERLY "PROSECT RESERVE") Account
established by HUD from amounts by which the maximum
payment to the PHA under the consolidated ACC (during a PHA
fiscal year) exceeds the amount actually approved and paid. This
account is used as the source of additional payments for the
program.
Ad]USTED INCOME Annual income, less allowable HUD deductions.
ADMINISTRATIVE FEE The fee paid by HUD to the PHA for administration
of the program.
ADMINISTRATIVE FEE RESERVE (Formerly "Operating reserve")
Account established by PHA from excess administrative fee
income. The administrative fee reserve must be used for
housing purposes.
ADMISSION The effective date of the first HAP contract for a family (first
day of initial lease term) in a tenant-based program. This is the
point when the family becomes a participant in the program.
ANNUAL BUDGET AUTHORITY The maximum annual payment by HUD to
a PHA for a funding increment.
ANNUAL CONTRIBUTIONS CONTRACT (ACC) A written contract
between HUD and a PHA. Under the contract, HUD agrees to
provide funding for operation of the program, and the PHA
agrees to comply with HUD requirements for the program
Housing Authority of the County of Contra Costa
4J2004-05 Admin Plan
Glossary-3
ANNUAL INCOME The anticipated total Annual Income of an eligible family
from all sources for the 12-month period following the date of
determination of income, computed in accordance with the
regulations,
ANNUAL INCOME AFTER ALLOWANCES The Annual Income (described
above) less the HUD-approved allowances.
APPLICANT. (or applicant family)- A family that has applied for admission
to a program, but is not yet a participant in the program.
AREA EXCEPTION RENT Rent based on a HUD- approved payment
standard amount that is higher than the basic range for a
designated part of the fair market rent area ("exception area"),
"AS-PAID" STATES States where the welfare agency adjusts the shelter
and utility component of the welfare grant in accordance with actual housing
costs
ASSETS (See Net Family Assets)
ASSISTED TENANT A tenant who pays less than the market rent as
defined in the regulations. Includes tenants receiving rent
supplement, Rental Assistance Payments, or Section 8 assistance
and all other 236 and 221 (d)(3) BMIR tenants, except those
paying the 236 market rent or 12oo/o of the EMIR rent,
respectively.
BUDGET AUTHORITY An amount authorized and appropriated by the
Congress for payment to HAs under the program. For each
funding increment in a PHA program, budget authority is the
maximum amount that may be paid by HUD to the PHA over the
ACC term of the funding increment.
CERTIFICATE A Certificate issued by the PHA under the pre-merger Rental
Certificate Assistance Program, declaring a family to be eligible
for participation in this program and stating the terms and
conditions for such participation. Will no longer be issued after
October 1, 1999.
CERTIFICATE OR VOUCHER HOLDER A family holding a voucher or pre-
merger certificate with unexpired search time.
CERTIFICATE PROGRAM Pre-merger Rental certificate program,
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CHILD CARE EXPENSE . Amounts paid by the family for the care of minors
under 13 years of age where such care is necessary to enable a
family member to be employed or for a household member to
further his/her education.
CO-HEAD An individual in the household who is equally responsible for the
lease with the Head of Household. (A family newer has a Co-
head and a Spouse and; a Co-head is never a Dependent).
CONGREGATE HOUSING Housing for elderly persons or persons with
disabilities that meets the HQS for congregate housing
COOPERATIVE A dwelling unit owned and or shared by a group of
individuals who have individual sleeping quarters and share
common facilities such as kitchen, living room and some
bathrooms.
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT. (Consolidated
ACC). See 24 CFR 982.151.
CONTIGUOUS IMSA In portability, an MSA that shares a common boundary
with the MSA in which the jurisdiction of the initial PHA is
located.
CONTINUOUSLY ASSISTED An applicant is continuously assisted under
the 1337 Housing Act if the family is already receiving assistance
under any 1937 Housing Act program when the family is
admitted to the certificate or voucher program.
CONTRACT (See Housing Assistance Payments Contract.)
DEPENDENT A member of the family household (excluding foster children)
other than the family head or spouse, who is under 18 years of age or is a
Disabled Person or Handicapped Person, or is a full-time student 18 years of
age or over.
DISABILITY ASSISTANCE EXPENSE Anticipated Costs for care attendants
and auxiliary apparatus for disabled family members which
enable a family member (including the disabled family member)
to work.
DISABLED PERSON A person who is any of the following:
A person who has a disability as defined in section 22.3 of the
Social Security Act. (42 U.S.C.423).
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Giossary-5
A person who has a physical, mental, or emotional impairment
that is expected to be of long-continued and indefinite duration,
that substantially impedes his or her ability to live
independently; and is of such a nature that ability to live
independently could be improved by more suitable housing
conditions.
A person who has a developmental disability as defined in
section 102(7) of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6001(7)).
DISABLED FAMILY A family where the head or spouse meets any of the
above criteria for disabled person.
DOMICILE The legal residence of the household head or spouse as
determined in accordance with State and local law.
DRUG-RELATED CRIMINAL ACTIVITY The illegal mafacture,to ale,
distribution, use, or the possession with intent
sell distribute or use, of a controlled substance (as defined in
Section 102 of the Controlled Substance Act (21 U.S.C. 802).
DRUG TRAFFICKING The illegal manufacture, sale, distribution,dateuse, or
or use, of
possession with intent to manufacture, ,
a controlled substance [as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)].
ELDERLY HOUSEHOLD A family whose head or spouse or whose
sole
member is at least 62 years of age; may include o
elderly persons living together or one or more such persons
living with another person who is determined to be essential to
his/her care and 'wellbeing.
ELDERLY PERSON A person who is at least 62 years old.
ELIGIBILITY INCOME May 10, 1984, regulations deletedEligibility
Income, per se, because Annual Income is neligibility
determination to compare to income limits.
ELIGIBLE FAMILY (Family), A family is defined by the PHA in the
administrative Plan, which is approved by
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Giossary-6
EXCEPTIONAL MEDICAL OR OTHER EXPENSES Prior to the regulation
charge in 1982, this meant medical and/or unusual expenses as
defined in Part 889 which exceeded 2511/n of the Annual Income.
It is no longer used.
EXCEPTION RENT In the pre-merger certificate program, an initial rent
(contract rent plus any utility allowance) in excess of the
published FIR. See Area Exception rent
EXCESS MEDICAL EXPENSES Any medical expenses incurred by elderly or
disabled families only in excess of 30% of Annual Income which
are not reimbursable from any other source.
EXTREMELY LOW-INCOME FAMILY A family whose annual income does
not exceed 30 percent of the median income for the area, as
determined by HUD, with adjustments for smaller and larger
families.
FAIR MARKET RENT (FMR) The rent including the cost of utilities (except
telephone) that would be required to be paid in the housing
market area to obtain privately owned existing decent, safe and
sanitary rental housing of modest (non-luxury) nature with
suitable amenities. Fair market rents for existing housing are
established by HUD for housing units of varying sizes (number of
bedrooms) and are published in the Federal Register.
FAMILY "Family" includes but is not limited to;
An Elderly Family or Single Person as defined in
24 CFR 5.403(b), the remaining member of a tenant family.
FAMILY SELF-SUFFICIENCY PROGRAM (FSS PROGRAM) The program
established by a PHA to promote self-sufficiency of assisted
families, including the provision of supportive services.
FAMILY SHARE The amount calculated by subtracting the housing
assistance payment from the gross rent.
FAMILY UNIT SIZE The size of the Certificate or Voucher issued to the
family based on the PHA's subsidy standards.
FMR/EXCEPTION RENT LIMIT The fair market rent published by HUD
headquarters. In the premerger certificate program the initial
contract rent for a dwelling unit plus any utility allowance may
not exceed the FMR/exception rent limit (for the dwelling unit or
for the family unit size). In the voucher program the PHA may
adopt a payment standard up to the FMR/exception rent limit.
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Glossary-7
FOSTER CHILD CARE PAYMENT Payment to eligible households by state,
local, or private agencies appointed by the State, to administer
payments for the care of foster children
FULL-TIME STUDENT A person who is attending school or vocational
training on a full-time basis.
FUNDING INCREMENT Each commitment of budget authority by HUD to a
PHA under the consolidated annual contributions contract for the
PHA program,
GROSS FAMILY CONTRIBUTION Changed to Total Tenant Payment,
GROSS RENT The sum of the Rent to owner and the utility allowance. If
there is no utility allowance, Rent to Owner equals Gross Rent.
GROUP HOME A dwelling unit that is licensed by a State as a group home
for the exclusive residential use of two to twelve persons who
are elderly or persons with disabilities (including any live-in
aides).
HAP CONTRACT. (See Housing Assistance Payments contract.)
HEAD OF HOUSEHOLD The head of household is the person who assumes
legal and financial responsibility for the household and is listed
on the application as head.
HOUSING AGENCY A state, country, municipality or other governmental
entity or public body authorized to administer the program. The
term "PHA" includes an Indian housing authority (IHA).
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974Act in which
the U.S. Housing Act of 1937 (sometimes referred to as the Act)
was recodified, and which added the Section 8 Programs.
HOUSING ASSISTANCE PAYMENT The monthly assistance payment by a
PHA. The total assistance payment consists of'
A payment to the owner for rent to owner under the family's
lease.
An additional payment to the family if the total assistance
payment exceeds the rent to owner. The additional payment is
called a "utility reimbursement" payment
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'HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP contract), A
written contract between a PHA and an owner in the form,
prescribed by HUD headquarters, in which the PHA agrees to
make housing assistance payments to the owner on behalf of an
eligible family.
HOUSING QUALITY STANDARDS (HQS) The HUD minimum quality
standards for housing assisted under the tenant-based
programs.
HOUSING ASSISTANCE PLAN (1) A Housing Assistance Plan submitted by
a local government participating in the Community Development
Block Program as part of the block grant application, in
accordance with the requirements of 570.303(c) submitted by a
local government not participating in the Community
Development Block Grant Program and approved by HUD.
(2) A Housing Assistance Plan meeting the requirements of
570.303(c) submitted by a local government not participating in
the Community Development Block Grant Program and approved
by HUD.
HUD REQUIREMENTS HUD requirements for the Section 8 programs. HUD
requirements are issued by HUD headquarters as regulations.
Federal Register notices or other binding program directives.
IMPUTED ASSET Asset disposed of for less than Fair Market Value during
two years preceding examination or reexamination.
IMPUTED INCOME HUD passbook rate X total cash value of assets.
Calculation used when assets exceed $5,000.
INITIAL PHA In portability, the term refers to both:
A PHA that originally selected a family that later decides to move
out of the jurisdiction of the selecting PHA; and
A PHA that absorbed a family that later decides to move out of
the jurisdiction of the absorbing PHA.
INITIAL PAYMENT STANDARD The payment standard at the beginning of
the HAP contract term.
INITIAL RENT TO OWNER The rent to owner at the beginning of the HAP
contract term.
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Glossary-9
INCOME income from all sources of each member of the household as
determined in accordance with criteria established by HUD.
INCOME FOR ELIGIBILITY Annual Income.
INDIAN Any person recognized as an Indian or Alaska Native by an Indian
Tribe, the federal government, or any State.
INDIAN HOUSING AUTHORITY (IHA) A housing agency established
either:
by exercise of the power of self-government of an Indian Tribe,
Independent of State law, or
by operation of State law providing specifically for housing
authorities for Indians.
INTEREST REDUCTION SUBSIDIES The monthly payments or discounts
made by HUD to reduce the debt service payments and, hence,
rents required on Section 236 and 221 (d)(3) BMIR projects.
Includes monthly interest reduction payments made to
mortgagees of Section 236 projects and front-end loan discounts
paid on BMIR projects,
3URISDICTION The area in which the PHA has authority under State and
local law to administer the program.
LANDLORD This term means either the owner of the property or his/her
representative or the managing agent or his/her representative,
as shall be designated by the owner.
LEASE A written agreement between an owner and a tenant for the
leasing of a dwelling unit to the tenant. The lease establishes the
conditions for occupancy of the dwelling unit by a family with
housing assistance payments under a HAP contract between the
owner and the PHA. In cooperative housing, a written
agreement between a cooperative and a member of the
cooperative. The agreement establishes the conditions for
occupancy of the member's family with housing assistance
payments to the cooperative under a HAP contract between the
cooperative and the PHA.
LEASE ADDENDUM See Tenancy Addendum
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LIVE-IN AIDE A person who resides with an elderly person or disabled
person and who;
is determined to be essential to the care and well being of the
person,
is not obligated for the support of the person,
would not be living in the unit except to provide necessary
supportive services.
LOW—INCOME FAMILY A family whose annual income does not exceed 80
percent of the median income for the area, as determined by
HUD, with adjustments for smaller and larger families. For
admission to the certificate program, HUD may establish income
limits higher or lower than 80 percent of the median income for
the area on the basis of its finding that such variations are
necessary because of the prevailing levels of construction casts
or unusually high or low family incomes.
MANUFACTURED HOME A manufactured structure that is built an a
permanent chassis, is designed for use as a principal place of
residence, and meets the HQS. A special housing type.
See 24 CFR 982.620 and 982.62 ..
MANUFACTURED HOME SPACE In manufactured home space rental: A
space leased by an owner to a family. A manufactured home
owned and occupied by the family is located on the space. See
24 CFR 982.622 to 982:624.
MARKET RENT The rent HUD authorizes the owner of FHA
insured/subsidized multi-family housing to collect from families
ineligible for assistance. For unsubsidized units in an FHA-
insured multi-family project in which a portion of the total units
receive project-based rental assistance, under the Rental
Supplement or Section 262/Section 8 Programs, the Market Rate
Rent is that rent approved by HUD and is the Contract Rent for a
Section 8 Certificate holder. For EMIR. units, Market Rent varies
by whether the project is a rental or cooperative,
Mousing Authority of the County of Contra Costa
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Glossary-11
MEDICALEXPENSES Those total medical expenses, including medical
insurance premiums, that are anticipated during the period for
which Annual Income is computed, and that are not covered by
insurance. A deduction for Elderly Households only. These
allowances are given when calculating adjusted income for
medical expenses in excess of /o of Annual Income.
MINOR A member of the family household (excluding foster children) other
than the family head or spouse who is under 18 years of age.
MIXED FAMILY A family with citizens and eligible immigration status inand 2
without citizens and eligible immigration status as defined
CFR 5.504(b)(3)
MONTHLY-AU3USTED INCOME 1./12 of the Annual Income after
Allowances, or Adjusted Income,
MONTHLY INCOME 1/12 of the Annual Income.
NATIONAL A person who owes permanent allegiance to tUnited
States,
t tees,
for example, as a result of birth in a United States
territory
possession.
NEGATIVE RENT Now called Utility Reimbursement. A negative Tenant
Rent results in a Utility Reimbursement Payment ( )
NET FAMILY ASSETS Value of equity in savings, checking, IRAand of capii
accounts, real property, stocks, bonds, and other formsp
investment. The value of necessary items of personal property
such as furniture and automobiles is excluded from the
definition.
NET FAMILY CONTRIBUTION Former name for Tenant Rent,
NON-CITIZEN A person who is neither a citizen nor a national of the
United States.
OCCUPANCY STANDARDS [Now referred to as Subsidy Standards]
Standards established by a PHA to determine the appropriate
number of bedrooms for families of different sizes and
compositions.
OVER-FMR TENANCY (OFTO) in the pre-merger Certificate rprogram: A
tenancy for which the 'initial gross rent exceed the
FMR/exception rent limit.
Housing Authority of the county of Contra Costa 4/2004-05 Admir, Plan
Giossary-12
OWNER. Any persons or entity having the legal right to lease or sublease a
unit to a participant.
PARTICIPANT A family that has been admitted to the PHA`s certificate
program or voucher program. The family becomes a participant
on the effective date of the first HAP contract executed by the
PHA for the family (First day of initial lease term).
PAYMENT STANDARD The maximum subsidy payment for a family (before
deducting the family contribution). The PHA sets a payment
standard in the range from 90 to 110 percent of the current
FMR/exception rent limit.
PERSONS WITH DISABILITIES Individuals with any condition or
characteristic that renders a person an individual with a handicap
as defined in 24 CFR 8.2.
PHA PLAN The annual plan and the 5-year plan as adapted by the PHA and
approved by HUD in accordance with part 903 of this chapter.
PORTABILITY Renting a dwelling unit with Section 8 tenant-based
assistance outside the Jurisdiction of the initial PHA
PREMISES The building or complex in which the dwelling unit is located,
including common areas and grounds.
PRIVATE SPACE In shared housing: The portion of a contract unit that is
for the exclusive use of an assisted family.
PROGRAM The Section 8 tenant-based assistance program under this part.
PROGRAM RECEIPTS HUD payments to the PHA under the consolidated
ACC, and any other amounts received by the PHA in connection
with the program.
PUBLIC ASSISTANCE Welfare or other payments to families or
individuals,
based on need, which are made under programs funded,
separately or Jointly, by Federal, state, or local governments.
PUBLIC HOUSING AGENCY (PHA) PHA includes any State, county,
municipality or other governmental entity or public body which is
authorized to administer the program (or an agency or
instrumentality of such an entity), or any of the following:
Housing Authority of the County of Centra Costa
4/2004-03 Admin Plan
Glossary-1.3
A consortia of housing agencies, each of which meets the
qualifications in paragraph (1) of this definition, that HUD
determines has the capacity and capability to efficiently
administer the program (in which case, HUD may enter into a
consolidated ACC with any legal entity authorized to act as the
legal representative of the consortia members):
Any other public or private nonprofit entity that was
administering a Section 8 tenant-based assistance program
pursuant to a contract with the contract administrator of such
program (HUD or a PHA) on October 21, 1998; or
For any area outside the jurisdiction of a PHA that is
administering a tenant-based program, or where HUD
determines that such PHA is not administering the program
effectively, a private non-profit entity or a governmental entity
or public body that would otherwise lack jurisdiction to
administer the program in such area.
REASONABLE RENT A rent to owner that is not more than rent charged for
comparable units in the private unassisted market, and not more
than the rent charged for comparable unassisted units in the
premises.
RECEIVING PHA In portability: A PHA that receives a family selected for
participation in the tenant-based program of another PHA. The
receiving PHA issues a voucher and provides program assistance
to the family.
RECERTIFICATION Sometimes called reexamination. The process of
securing documentation of total family income used to determine
the rent the tenant will pay for the next 12 months if there are
no additional changes to be reported. There are annual and
interim recertifications.
REGULAR TENANCY In the pre-merger Certificate program: A tenancy
other than an over-FMR tenancy.
REMAINING MEMBER OF TENANT FAMILY Person left in assisted
housing after other family members have left and become
unassisted.
;dousing Authority of the County of Contra Cosh
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Glossary-14
RENT TO OWNER The total monthly rent payable to the owner under the
lease for the unit. Rent to owner covers payment for any housing
services, maintenance and utilities that the owner is required to
provide and pay for.
RESIDENT ASSISTANT A person who lives in an Independent Group
Residence and provides on a daily basis some or all of the
necessary services to elderly, handicapped, and disabled
individuals receiving Section 8 housing assistance and who is
essential to these individuals' care or wellbeing. A Resident
Assistant shall not be related by blood, marriage or operation of
law to individuals receiving Section 8 assistance nor contribute to
a portion of his/her income or resources towards the expenses of
these individuals.
RESPONSIBLE ENTITY For the public housing and Section 8 tenant-based
assistance, project-based certificate assistance and moderate
rehabilitation program, the responsible entity means the PHA
administering the program under an ACC with HUD. For all other
Section 8 programs, the responsible entity means the Section 8
owner.
SECRETARY The Secretary of the Housing and Urban Development.
SECURITY DEPOSIT A dollar amount which can be applied to unpaid rent,
damages or ether amounts to the owner under the lease.
SINGLE PERSON. A person living alone or intending to live alone.
SPECIAL ADMISSION Admission of an applicant that is not on the PHA
waiting list or without considering the applicant's waiting list
position.
SPECIAL. HOUSING TYPES See Subpart M of 24 CFR 982, which states the
special regulatory requirements for SRO housing, congregate
housing, group homes, shared housing, cooperatives (including
mutual housing), and manufactured homes (including
manufactured home space rental).
SPOUSE The husband or wife of the head of the household.
SUBSIDIZED PROJECT A multi-family housing project (with the exception
of a project owned by a cooperative housing mortgage
corporation or association) which receives the benefit of subsidy
in the form of:
Housing Authority of the County of Contra Cosh
4/2004-05 Admin Pian
Glossary-15
Below-market interest rates pursuant to Section 221(4)(3) and
(5) or interest reduction payments pursuant to Section 236 of
the National Housing Act; or
Rent supplement payments under Section 101 of the Housing
and Urban Development Act of 1965; or
Direct loans pursuant to Section 202 of the Housing Act of 1959;
or
Payments under the Section 23 Housing Assistance Payments
Program pursuant to Section 23 of the United States Housing
Act of 1937 prior to amendment by the Housing and
Community Development Act of 1974;
Payments under the Section 8 Housing Assistance Payments
Program pursuant to Section 8 of the United States Housing
Act after amendment by the Housing and Community
Development Act unless the project is owned by a Public Housing
Agency
A Public Housing Project.
SUBSIDY STANDARDS Standards established by a PHA to determine the
appropriate number of bedrooms and amount of subsidy for
families of different sizes and compositions.
SUSPENSION/TOLLING Stopping the clock on the term of a family's
certificate or voucher, for such period as determined by the PHA,
from the time when the family submits a request for PHA
approval to lease a unit, until the time when the PHA approves
or denies the request. If the PHA decides to allow extensions or
suspensions of the voucher term, the PHA administrative plan
must describe how the PHA determines whether to grant
extensions or suspensions, and how the PHA determines the
length of any extension or suspension,
TENANCY ADDENDUM In the lease between the tenant and the owner, the
lease language required by HUD.
TENANT The person or persons (other than a live-in-aide) who executes
the lease as lessee of the dwelling unit.
TENANT RENT The amount payable monthly by the family as rent to the
unit owner (Section 8 owner or PHA in public housing),
TOTAL TENANT PAYMENT (TTP) The total amount the HUD rent formula
requires the tenant to pay toward rent and utilities.
UNIT Residential space for the private use of a family.
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UNUSUAL EXPENSES prior to the change in the 1982 regulations, this was
the term applied to the amounts paid by the family for the care
of minors under 13 years of age or for the care of disabled or
handicapped family household members, but only where such
care was necessary to enable a family member to be gainfully
employed.
UTILITIES Utilities means water, electricity, gas, other heating,
refrigeration, cooking fuels, trash collection and sewage services.
Telephone service is not included as a utility.
UTILITY ALLOWANCE If the cost of utilities (except telephone) including
range and refrigerator, and other housing services for an
assisted unit is not included in the Contract Rent but is the
responsibility of the family occupying the unit, an amount equal
to the estimate made or approved by a PHA or HUD of a
reasonable consumption of such utilities and other services for
the unit by an energy conservative household of modest
circumstances consistent with the requirements of a safe,
sanitary, and healthy living environment.
UTILITY REIMBURSEMENT PAYMENT The amount, if any, by which the
Utility Allowance for the unit, if applicable, exceeds the Total
Tenant Payment for the family occupying the unit.
VACANCY LOSS PAYMENTS (For contracts effective prior to 10/2/95)
When a family vacates its unit in violation of its lease, the owner
is eligible for 80% of the Contract Rent for a vacancy period of
up to one additional month, (beyond the month in which the
vacancy occurred) if s/he notifies the PHA as soon as s/he learns
of the vacancy, mares an effort to advertise the unit, and does
not reject any eligible applicant except for good cause.
VERY LOW INCOME FAMILY A Lower-Income Family whose Annual
Income does not exceed 50% of the median income for the area,
as determined by HUD, with adjustments for smaller and larger
families. HUD may establish income limits higher or lower than
50% of the median income for the area on the basis of its finding
that such variations are necessary because of unusually high or
low family incomes. This is the income limit for the Certificate
and Voucher Programs.
Housing Authority of the County of Contra Costa
4/2004-05 Admin Plan
Glossary-17
VETERAN. A person who has served in the active military or naval service of
the United States at any time and who shall have been
discharged or released there from under conditions other than
dishonorable.
VIOLENT CRIMINAL ACTIVITY. Any illegal criminal activity that has as
one of its elements the use, attempted use, or threatened use of
physical force against the person or property of another.
VOUCHER HOLDER A family holding a voucher with an unexpired term
(search time).
VOUCHER PROGRAM. The Housing Choice Voucher program.
WAITING LIST ADMISSION An admission from the PHA waiting list.
WAITING LIST. A list of families organized according to HUD regulations
and PHA policy who are waiting for subsidy to become available.
WELFARE ASSISTANCE. Income assistance from Federal or State welfare
programs, including assistance provided under TANF and general
assistance. Does not include assistance directed solely to
meeting housing expenses, nor programs that provide health
care, childcare or other services for working families.
WELFARE RENT. This concept is used ONLY for pre-merger Certificate
tenants who receive welfare assistance on an "AS-PAID" basis. It
is not used for the Housing Voucher Program.
If the agency does NOT apply a ratable reduction, this is the
maximum a public assistance agency COULD give a family for
shelter and utilities, NOT the amount the family is receiving at
the time the certification or recertification is being processed.
If the agency applies a ratable reduction, welfare rent is a
percentage of the maximum the agency could allow.
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C. GLOSSARY OF TERMS USED IN THE NON-CITIZENS RULE
CHILD. A member of the family other than the family head or spouse who is
under 18 years of age.
CITIZEN. A citizen or national of the United States.
EVIDENCE. Evidence of citizenship or eligible immigration status means the
documents which must be submitted to evidence citizenship or
eligible immigration status.
PHA. A housing authority- either a public housing agency or an Indian
housing authority or both.
HEAD OF HOUSEHOLD The adult member of the family who is the head of
the household for purpose of determining income eligibility and
rent.
HUD. Department of Housing and Urban Development.
INS. The U.S. Immigration and Naturalization Service,
MIXED FAMILY. A family whose members include these with citizenship or
eligible immigration status and those without citizenship or
eligible immigration status.
NATIONAL. A person who owes permanent allegiance to the United States,
for example, as a result of birth in a United States territory or
possession.
NON-CITIZEN. A person who is neither a citizen nor nation of the United
States.
PHA, A housing authority that operates public Housing.
RESPONSIBLE .ENTITY. The person or entity responsible for administering
the restrictions on providing assistance to non-citizens with
ineligible immigration status (the PHA),
SECTION 214. Section 214 restricts HUD from making financial assistance
available for non-citizens unless they meet one of the categories
of eligible immigration status specified in Section 214.
Housing Authority of the County of Contra Costa
4/2004-05 Admin Mar
Glossary-19
SPOUSE. Spouse refers to the marriage partner, either a husband or wife,
who is someone you need to divorce in order to dissolve the
relationship, It includes the partner in a common-law marriage.
It does not cover boyfriends, girlfriends, significant others, or
11co-heads," "Co-head" is a term recognized by some HUD
programs, but not by public and Indian housing programs.
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