HomeMy WebLinkAbout20012667.tiff RESOLUTION
RE: APPROVE ADMINISTRATIVE PLAN FOR SECTION 8 CERTIFICATE AND VOUCHER
PROGRAMS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Administrative Plan for Section 8
Certificates and Voucher Programs by and through the Board of County Commissioners of
Weld County, on behalf of the Greeley/Weld County Housing Authority, with terms and
conditions being as stated in said plan, and
WHEREAS, after review, the Board deems it advisable to approve said plan, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Housing Authority Board, that the Administrative Plan for
Section 8 Certificates and Voucher Programs by and through the Board of County
Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority be,
and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of October, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�-�11` WELD CO TY,G COLORADO
ATTEST: jL i 1 E L,
f ` M. J. ei e, Ch
Weld County Clerk to th:�: .: O -!
Glenn Vaad,
BY: �.�b � i. lh►Figs
Deputy Clerk to the Boa �' EXCUSED
Willi H. Jerke
APa AS 1 .
vi E. Lo
ount orne /
Robert D. Masden
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Date of signature: /-2C)
2001-2667
HA0021
CC-
, At
ADMINISTRATIVE PLAN
FOR THE
SECTION 8 CERTIFICATE AND VOUCHER PROGRAMS
Copyright 1999 by Nan McKay & Associates,Inc.
All rights reserved
Permission to reprint granted only to the Public Housing Authority or Housing Agency
that has purchased this plan from Nan McKay& Associates, Inc. This document may not
be reprinted or distributed to any other person or entity other than the purchasing agency
without the express written permission of Nan McKay& Associates, Inc.
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2001-2667
Chapter 1
STATEMENT OF POLICIES AND OBJECTIVES
A. MISSION STATEMENT 1-1
B. LOCAL GOALS 1-1
C. PURPOSE OF THE PLAN 1.4
D. ADMINISTRATIVE FEE RESERVE 1-4
E. RULES AND REGULATIONS 1-4
F. TERMINOLOGY 1-5
G. FAIR HOUSING POLICY 1-6
H. REASONABLE ACCOMMODATIONS POLICY 1-7
I. TRANSLATION OF DOCUMENTS 1-8
J. MANAGEMENT ASSESSMENT OBJECTIVES 1-9
K. RECORDS FOR MONITORING PHA PERFORMANCE 1-10
L. PRIVACY RIGHTS 1-11
M. FAMILY OUTREACH 1-11
N. OWNER OUTREACH 1-11
Chapter 2
ELIGIBILITY FOR ADMISSION
A. ELIGIBILITY FACTORS 2-1
B. FAMILY COMPOSITION 2-2
C. INCOME LIMITATIONS 2-5
D. MANDATORY SOCIAL SECURITY NUMBERS 2-6
E. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS 2-6
F. OTHER CRITERIA FOR ADMISSIONS 2-7
G. TENANT SCREENING 2-8
H. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE
OF THE CONTRACT 2-9
I. INELIGIBLE FAMILIES 2-9
J. PROHIBITED ADMISSIONS CRITERIA 2-9
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TOC-1
Chapter 3
APPLYING FOR ADMISSION
A. OVERVIEW OF APPLICATION TAKING PROCESS 3-1
B. OPENING/CLOSING OF APPLICATION TAKING 3-1
C. "INITIAL" APPLICATION PROCEDURES 3-3
D. APPLICANT STATUS WHILE ON WAITING LIST 3-4
E. TIME OF SELECTION 3-4
F. COMPLETION OF A FULL APPLICATION 3.4
G. VERIFICATION 3-6
H. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY 3-6
Chapter 4
ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST
A. WAITING LIST 4-1
B. SPECIAL ADMISSIONS 4-2
C. WAITING LIST PREFERENCES 4-2
D. LOCAL PREFERENCES 4-3
E. INCOME TARGETING 4-3
F. INITIAL DETERMINATION OF LOCAL PREFERENCE QUALIFICATION 4-6
G. EXCEPTIONS FOR SPECIAL ADMISSIONS 4-7
H. TARGETED FUNDING 4-7
I. PREFERENCE&INCOME TARGETING ELIGIBILITY 4-7
J. ORDER OF SELECTION 4-8
K. FINAL VERIFICATION OF PREFERENCES 4-9
L. PREFERENCE DENIAL 4-9
M. REMOVAL FROM WAITING LIST AND PURGING 4-9
Chapter 5
SUBSIDY STANDARDS
A. DETERMINING FAMILY UNIT (VOUCHER) SIZE 5-1
B. EXCEPTIONS TO SUBSIDY STANDARDS 5-2
C. UNIT SIZE SELECTED 5-5
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TOC-2
Chapter 6
FACTORS RELATED TO TOTAL TENANT PAYMENT& FAMILY SHARE
DETERMINATION
A. INCOME AND ALLOWANCES 6-1
B. MINIMUM RENT 6-2
C. DEFINITION OF TEMPORARILY/PERMANENTLY ABSENT 6-5
D. AVERAGING INCOME 6-9
E. MINIMUM INCOME 6-9
F. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME 6-10
G. REGULAR CONTRIBUTIONS AND GIFTS 6-10
H. ALIMONY AND CHILD SUPPORT 6-10
I. LUMP-SUM RECEIPTS 6-11
J. CONTRIBUTIONS TO RETIREMENT FUNDS -ASSETS 6-12
K. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE 6-12
L. CHILD CARE EXPENSES 6-13
M. MEDICAL EXPENSES 6-13
N. PRORATION OF ASSISTANCE FOR "MIXED"FAMILIES 6-14
O. REDUCTION IN BENEFITS 6-14
P. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS 6-14
Chapter 7
VERIFICATION PROCEDURES
A. METHODS OF VERIFICATION AND TIME ALLOWED 7-1
B. RELEASE OF INFORMATION 7-3
C. COMPUTER MATCHING 7-3
D. ITEMS TO BE VERIFIED 7-4
E. VERIFICATION OF INCOME 7-5
F. INCOME FROM ASSETS 7-9
G. VERIFICATION OF ASSETS 7-10
H. VERIFICATION OF ALLOWABLE DEDUCTIONS FROM INCOME 7-11
I. VERIFYING NON-FINANCIAL FACTORS 7-13
J. VERIFICATION OF WAITING LIST PREFERENCES 7-18
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TOC-3
Chapter 8
VOUCHER ISSUANCE AND BRIEFINGS
A. ISSUANCE OF VOUCHERS 8-1
B. BRIEFING TYPES AND REQUIRED ATTENDANCE 8-1
C. ENCOURAGING PARTICIPATION IN AREAS WITHOUT LOW INCOME OR
MINORITY CONCENTRATION 8-4
D. ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION 8-4
E. SECURITY DEPOSIT REQUIREMENTS 8-4
F. TERM OF VOUCHER 8-5
G. VOUCHER ISSUANCE DETERMINATION FOR SPLIT HOUSEHOLDS 8-6
H REMAINING MEMBER OF TENANT FAMILY-RETENTION OF VOUCHER 8-7
Chapter 9
REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION
A. REQUEST FOR APPROVAL OF TENANCY 9-1
B. ELIGIBLE TYPES OF HOUSING 9-2
C. LEASE REVIEW 9-3
D. SEPARATE AGREEMENTS 9-4
E. INITIAL INSPECTIONS 9-5
F. RENT LIMITATIONS 9-5
G. DISAPPROVAL OF PROPOSED RENT 9-5
H. INFORMATION TO OWNERS 9-6
I. OWNER DISAPPROVAL 9-6
J. CHANGE IN TOTAL TENANT PAYMENT (TIP)PRIOR TO HAP
EFFECTIVEDATE 9-7
K. CONTRACT EXECUTION PROCESS 9-7
L. CHANGE IN OWNERSHIP 9-7
•
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TOC-4
Chapter 10
HOUSING QUALITY STANDARDS AND INSPECTIONS
A. GUIDELINES/TYPES OF INSPECTIONS
B. INITIAL HQS INSPECTION 10-1
C. ANNUAL HQS INSPECTIONS 10-2
D. MOVE OUT/VACATE 10-2
E. SPECIAL/COMPLAINT INSPECTIONS 10-3
F. QUALITY CONTROL INSPECTIONS 10-3
10-3 G. ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HQS
H. EMERGENCY REPAIR ITEMS 10-4 I. CONSEQUENCES IF OWNER IS RESPONSIBLE 10-5
(NON-EMERGENCY ITEMS)
J. DETERMINATION OF RESPONSIBILITY 10-6
10-8 K. CONSEQUENCES IF FAMILY IS RESPONSIBLE
•
10-8
OWNER RENTS, RENT REASONABLENESS, AND PAYMENT STANDARDS
A. RENT TO OWNER IN THE HOUSING CHOICE VOUCHER PROGRAM 11-1
B. MAKING PAYMENTS TO OWNERS
C. RENT REASONABLENESS DETERMINATIONS 11-2
D. PAYMENT STANDARDS FOR THE VOUCHER PROGRAM 11-3
E. ADJUSTMENTS TO PAYMENT STANDARDS 11-4
F. EXCEPTION PAYMENT STANDARDS 11-4
G. OWNER PAYMENT IN THE PREMERGER REGULAR 11-6
CERTIFICATE PROGRAM
11-6
Chapter 12
RECERTIFICATIONS
A. ANNUAL ACTIVITIES
B. ANNUAL RECERTIFICATION/REEXAMINATION 12-1
C. REPORTING INTERIM CHANGES 12-1
D. OTHER INTERIM REPORTING ISSUES 12-4
E. INCOME CHANGES RESULTING FROM WELFARE 12-5
PROGRAM REQUIREMENTS
F. NOTIFICATION OF RESULTS OF RECERTIFICATIONS 12-7
12-7
G. TIMELY REPORTING OF CHANGES IN INCOME (AND ASSETS) 12-7
H. CHANGES IN VOUCHER SIZE AS A RESULT OF
FAMII,Y COMPOSITION CHANGES
I. CONTINUANCE OF ASSISTANCE FOR "MIXED"FAMILIES 12-8
J. MISREPRESENTATION OF FAMILY CIRCUMSTANCES 12-8
r 12-8
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TOC-5
Chapter 13 �.
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
A. ALLOWABLE MOVES 13-1
B. RESTRICTIONS ON MOVES 13-1
C. PROCEDURE FOR MOVES 13-2
D. PORTABILITY 13-3
E. OUTGOING PORTABILITY 13-3
F. INCOMING PORTABILITY 13-4
Chapter 14
CONTRACT TERMINATIONS
A. CONTRACT TERMINATION 14-1
B. TERMINATION BY THE FAMILY: MOVES 14-1
C. TERMINATION OF TENANCY BY THE OWNER: EVICTIONS 14-2
D. TERMINATION OF THE CONTRACT BY PHA 14-3
Chapter 15
DENIAL OR TERMINATION OF ASSISTANCE
A. GROUNDS FOR DENIAL/TERMINATION 15-1
B. "ONE-STRIKE"POLICY 15-4
C. FAMILY OBLIGATIONS 15-8
D. PROCEDURES FOR NON-CITIZENS 15-12
E. ZERO($0)ASSISTANCE TENANCIES 15-13
F. OPTION NOT TO TERMINATE FOR MISREPRESENTATION 15-13
G. MISREPRESENTATION IN COLLUSION WITH OWNER 15-13
H. MISSED APPOINTMENTS AND DEADLINES 15-14
Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
A. DISAPPROVAL OF OWNER 16-1
B. OWNER RESTRICTIONS AND PENALTIES 16-3
C. CHANGE IN OWNERSHIP 16-3
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TOC-6
Chapter 17
CLAIMS, MOVE-OUT AND CLOSE-OUT INSPECTIONS
(For HAP Contracts Effective Before October 2, 1995)
A. OWNER CLAIMS 17-1
B. UNPAID RENT 17-1
C. DAMAGES • 17-2
D. VACANCY LOSS IN THE PRE-MERGER CERTIFICATE PROGRAM 17-2
E. MOVE-OUT AND CLOSE-OUT INSPECTIONS 17-3
F. PROCESSING CLAIMS 17-4
Chapter 18
OWNER OR FAMILY DEBTS TO THE PHA
A. PAYMENT AGREEMENT FOR FAMILIES 18-2
B. DEBTS OWED FOR CLAIMS 18-3
C. DEBTS DUE TO MISREPRESENTATIONS/NON-REPORTING OF
INFORMATION 18-3
D. DEBTS DUE TO MINIMUM RENT TEMPORARY HARDSHIP 18-4
E. GUIDELINES FOR PAYMENT AGREEMENTS 18-5
F. OWNER DEBTS TO THE PHA 18-9
G. WRITING OFF DEBTS 18-9
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Chapter 19
COMPLAINTS AND APPEALS
A. COMPLAINTS TO THE PHA 19-1
B. PREFERENCE DENIALS 19-2
C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS 19-2
D. INFORMAL HEARING PROCEDURES 19-4
E. HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON
ASSISTANCE TO NON-CITIZENS" 19-10
F. MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS
WITH DISABILITIES 19-11
GLOSSARY
A. ACRONYMS USED IN SUBSIDIZED HOUSING GL-1
B. GLOSSARY OF TERMS IN SUBSIDIZED HOUSING GL-3
C. GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE GL-18
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TOC-7
PROGRAM INTEGRITY ADDENDUM
A. CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND FRAUD PI-2
B. STEPS THE PHA WILL TAKE TO PREVENT PROGRAM ABUSE
AND FRAUD PI-3
C. STEPS THE PHA WILL TAKE TO DETECT PROGRAM ABUSE
AND FRAUD PI-4
D. THE PHA'S HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE
AND FRAUD PI-5
E. OVERPAYMENTS TO OWNERS PI-5
F. HOW THE PHA WILL INVESTIGATE ALLEGATIONS OF ABUSE
AND FRAUD PI-6
G. PLACEMENT OF DOCUMENTS, EVIDENCE AND STATEMENTS
OBTAINED BY THE PHA PI-7
H. CONCLUSION OF THE PHA'S INVESTIGATIVE REVIEW PI-7
I. EVALUATION OF THE FINDINGS PI-7
J. ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE
BEEN DOCUMENTED PI-8
•
•
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TOC-8
Reserved
•
•
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TOC-9
Chapter 1
STATEMENT OF POLICIES AND OBJECTIVES
INTRODUCTION
The Section 8 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, and its requirements, as they apply to the Section 8 Tenant-Based Assistance Program, is
described in and implemented throughout this Administrative Plan. The Section 8 tenant-based
assistance programs are federally funded and administered for the City of Greeley and Weld
County by the Housing Authority of the City of Greeley through its Section 8 housing office.
Administration of the Section 8 Program and the functions and responsibilities of the Housing
Authority(PHA) staff shall be in compliance with the PHA's Personnel Policy and the Department
of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State
and local Fair Housing Laws and Regulations.
Jurisdiction
The jurisdiction of the PHA is the city of Greeley and the Weld County.
A. HOUSING AUTHORITY MISSION STATEMENT
To promote adequate and affordable housing, economic opportunity and a suitable living
environment free from discrimination.
B. LOCAL GOALS [24 CFR 982.1]
Part I
HUD Strategic Goal: Increase the availability of decent, safe, and affordable housing.
PHA Goal: Expand the supply of assists housing
Objectives:
Apply for additional rental vouchers:
Reduce public housing vacancies:
Leverage private or other public funds to create additional housing opportunities:
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PHA Goal: Improve the quality of assisted housing
Objectives:
Improve public housing management: (PHAS score)
Improve voucher management: (SEMAP score)
Increase customer satisfaction:
Concentrate on efforts to improve specific management functions (list; e.g., public
housing finance; voucher unit inspections)
PHA Goal: Increase assisted housing choices
•
Objectives:
Conduct outreach efforts to potential voucher landlords
HUD Strategic Goal: Improve community quality of life and economic vitality
PHA Goal: Provide an improved living environment
Objectives:
Implement measures to deconcentrate poverty by bringing higher income public
housing households into lower income developments:
Implement measures to promote income mixing in public housing by assuring
access for lower income families into higher income developments:
Implement public housing security improvements:
HUD Strategic Goal: Ensure Equal Opportunity in Housing for all Americans
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PHA Goal: Ensure equal opportunity and affirmatively further fair housing
Objectives:
Undertake affirmative measures to ensure access to assisted housing regardless of
race, color, religion national origin, sex, familial status, and disability:
Undertake affirmative measures to provide a suitable living environment for
families living in assisted housing, regardless of race, color, religion national origin,
sex, familial status, and disability:
Undertake affirmative measures to ensure accessible housing to persons with all
varieties of disabilities regardless of unit size required:
Part II
The PHA has the following goals for the program:
To assist the local economy by increasing the occupancy rate and the amount of
money flowing into the community.
To attain and maintain a high level of standards and professionalism in our day-to-
day management of all program components.
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To administer an efficient, high-performing agency through continuous
improvement of the PHA's support systems and commitment to our employees and
their development.
To provide decent,safe, and sanitary housing for very low income families while
maintaining their rent payments at an affordable level.
To ensure that all units meet Housing Quality Standards and families pay fair and
reasonable rents.
To promote fair housing and the opportunity for very low-income families of all
ethnic backgrounds to experience freedom of housing choice.
To promote a housing program which maintains quality service and integrity while
providing an incentive to private property owners to rent to very low income
families.
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C. PURPOSE OF Mt PLAN [24 CFR 982.54]
The purpose of the Administrative Plan is to establish policies for carrying out the programs in a
manner consistent with HUD requirements and local goals and objectives contained in the Agency
Plan. The Housing Choice Voucher Program was implemented on10/1/99, and pre-merger Housing
Voucher tenancies and Over Fair Market Rent tenancies converted automatically to Housing Choice
Voucher tenancies on that date.However, all existing contracts will remain in effect until the family's
second reexamination after the merger date or when a new lease is executed, whichever comes first.
The PHA 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 PHA
will revise this Administrative Plan as needed to comply with changes in HUD regulations._The
original Plan and any changes must be approved by the Board of Commissioners of the agency, the
pertinent sections included in the Agency Plan, and a copy provided to HUD.
This Administrative Plan is a supporting document to the PHA Agency Plan, and is available for
public review as required by CFR 24 Part 903.
Applicable regulations include:
24 CFR Part 5: General Program Requirements
24 CFR Part 8: Nondiscrimination
24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program
D. ADMINISTRATIVE FEE RESERVE [24 CFR 982.54(dx21)]
Expenditures from the Administrative Reserve(Operating Reserve)for other housing purposes shall
not exceed $5,000 per occurrence nor more than $10,000 in the aggregate for each fiscal year
without the prior approval of the Greeley/Weld Housing Authorities Board of Commissioners.
E. RULES AND REGULATIONS [24 CFR 982.52]
This Administrative Plan is set forth to define the PHA'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,HUD Memos,Notices and guidelines,or
other applicable law. The policies in this Administrative Plan have been designed to ensure
compliance with the consolidated ACC and all HUD-approved applications for program funding.
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F. TERMINOLOGY
The Housing Authority of the City of Greeley is referred to as "PHA" or "Housing Authority"
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.
"Non-citizens Rule" refers to the regulation effective June 19, 1995 restricting assistance to U.S.
citizens and eligible immigrants.
The Section 8 programs are also known as the Regular Tenancy Certificate, Over-FMR Tenancy
(OFTO) and Voucher Programs. The Housing Choice Voucher Program refers to the merged
program effective as of 10/1/99.
"HQS" means the Housing Quality Standards required by regulations as enhanced by the PHA.
"Failure to Provide" refers to all requirements in the first Family Obligation. See "Denial or
Termination of Assistance" chapter.
"Merger date" refers to October 1, 1999,which is the effective date of the merging of the Section 8
Certificate and Voucher programs into the Housing Choice Voucher Program.
See Glossary for other terminology.
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G. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)]
It is the policy of the Housing Authority to comply fully with all Federal, State, and local
nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal
Opportunity in housing and employment.
The PHA shall not deny any family or individual the equal opportunity to apply for or receive
assistance under the Section 8 Programs on the basis of race, color, sex, religion, creed, national or
ethnic origin, age, familial or marital status, handicap or disability or sexual orientation.
To further its commitment to full compliance with applicable Civil Rights laws,the PHA will provide
Federal/State/local information to Voucher holders regarding unlawful discrimination and any
recourse available to families who believe they are victims of a discriminatory act. Such information
will be made available during the family briefing session,and all applicable Fair Housing Information
and Discrimination Complaint Forms will be made a part of the Voucher holder's briefing packet and
available upon request at the front desk.
All Housing Authority staff will be required to attend fair housing training and informed of the
importance of affirmatively furthering fair housing and providing equal opportunity to all families,
including providing reasonable accommodations to persons with disabilities, as a part of the overall
commitment to quality customer service. Fair Housing posters are posted throughout the Housing
Authority office/s,including in the lobby and interview rooms and the equal opportunity logo will be
used on all outreach materials. Staff will attend local fair housing update training sponsored by HUD
and other local organization to keep current with new developments.
Except as otherwise provided in 24 CFR 8.21(c)(1), 8.24(a), 8.25, and 8.31, no individual with
disabilities shall be denied the benefits of be excluded from participation in, or otherwise be subjected
to discrimination because the PHA's facilities are inaccessible to or unusable by persons with
disabilities.Posters and housing information are displayed in locations throughout the PHA's office in
such a manner as to be easily readable from a wheelchair.
The Housing Authority of the City of Greeley office is accessible to persons with disabilities.
Accessibility for the hearing impaired is provided by the Colorado Relay Service.
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H. REASONABLE ACCOMMODATIONS POLICY [24 CFR 100.202]
It is the policy of this PHA 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 families.
A participant with a disability must first ask for a specific change to a policy or practice as an
accommodation of their disability before the PHA will treat a person differently than anyone else. The
PHA's policies and practices will be designed to provide assurances that persons with disabilities will
be given reasonable accommodations, upon request, so that they may fully access and utilize the
housing program and related services. The availability of requesting an accommodation will be made
known by including notices on PHA forms and letters. This policy is intended to afford persons with
disabilities an equal opportunity to obtain the same result, to gain the same benefit, or to reach the
same level of achievement as those who do not have disabilities and is applicable to all situations
described in this Administrative Plan including when a family initiates contact with the PHA,when the
PHA initiates contact with a family including when a family applies, and when the PHA schedules or
reschedules appointments of any kind.
A physical or mental impairment that substantially limits one or more of the major life
activities of an individual;
A record of such impairment; or
Being regarded as having such an impairment
Rehabilitated former drug users and alcoholics are covered under the ADA.However, a current drug
user is not covered. In accordance with 5.403, individuals are not considered disabled for eligibility
purposes solely on the basis of any drug or alcohol dependence. Individuals whose drug or alcohol
addiction is a material factor to their disability are excluded from the definition. Individuals are
considered disabled if disabling mental and physical limitations would persist if drug or alcohol abuse
discontinued.
Once the person's status as a qualified person with a disability is confirmed,the PHA will require that
a professional third party competent to make the assessment, provides written verification that the
person needs the specific accommodation due to their disability and the change is required for them
to have equal access to the housing program.
If the PHA finds that the requested accommodation creates an undue administrative or financial
burden, the PHA will deny the request and/or present an alternate accommodation that will still
meet the need of the person.
An undue administrative burden is one that requires a fundamental alteration of the essential
functions of the PHA(i.e., waiving a family obligation).
An undue financial burden is one that when considering the available resources of the agency as a
whole, the requested accommodation would pose a severe financial hardship on the PHA
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The PHA will provide a written decision to the person requesting the accommodation within a
reasonable time. If a person is denied the accommodation or feels that the alternative suggestions
are inadequate, they may request an informal hearing to review the PHA's decision.
Reasonable accommodation will be made for persons with a disability that requires 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.
All PHA mailings will be made available in an accessible format upon request, as a reasonable
accommodation.
Verification of Disability
The PHA will verify disabilities under definitions in the Fair Housing Amendments Act of 1988,
Section 504 of the 1973 Rehabilitation Act, and Americans with Disabilities Act.
Applyine for Admission
All persons who wish to apply for any of the PHA's programs must submit a pre-application written
format, as indicated in our public notice. Applications will be made available in an accessible format
upon request from a person with a disability.
To provide specific accommodation to persons with disabilities, upon request, the information may
be mailed to the applicant and, if requested, it will be mailed in an accessible format.
The full application is completed at the eligibility appointment in the applicant's own handwriting,
unless assistance is needed,or a request for accommodation is requested by a person with a disability.
Applicants will then be interviewed by PHA staff to review the information on the full application
form. Verification of disability as it relates to 504,Fair Housing,or ADA reasonable accommodation
will be requested at this time. The full application will also include questions asking all applications
whether reasonable accommodations are necessary.
I. TRANSLATION OF DOCUMENTS
The Housing Authority has bilingual staff to assist non-English speaking families in Spanish
and translates documents into Spanish.
In determining whether it is feasible to provide translation of documents written in English into other
languages, the PHA will consider the following factors:
Number of applicants and participants in the jurisdiction who do not speak English
and speak the other language.
Estimated cost to PHA per client of translation of English written documents into the
other language.
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The availability of local organizations to provide translation services to non-English
speaking families.
Availability of bi-lingual staff to provide translation for non-English speaking families.
J. MANAGEMENT ASSESSMENT OBJECTIVES
The PHA operates its housing assistance program with efficiency and can demonstrate to HUD
auditors that the PHA is using its resources in a manner that reflects its commitment to quality
and service. The PHA policies and practices are consistent with the areas of measurement for the
following HUD SEMAP indicators.
Selection from the Waiting List
Reasonable Rent
Determination of Adjusted Income
Utility Allowance Schedule
HQS Qrnlity Control Inspections
HQS Enforcement
Expanding Housing Opportunities
Payment Standards
Annual Re-examinations
Correct Tenant Rent Calculations
Pre-Contract HQS Inspections
Annual HQS Inspections
Lease-up
Family Self-Sufficiency Enrollment and Escrow Account Balances
Bonus Indicator Deconcentration
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Supervisory quality control reviews will be performed by a PHA Supervisor or other qualified
person other than the person who performed the work, as required by HUD, on the following
SEMAP factors:
Selection from the waiting list
Rent reasonableness
Determination of adjusted income
•
HQS Enforcement
HQS Quality Control
The annual sample of files and records will be drawn in an unbiased manner, leaving a clear audit
trail.
The minimum sample size to be reviewed will relate directly to each factor.
K RECORDS FOR MONITORING PHA PERFORMANCE
In order to demonstrate compliance with HUD and other pertinent regulations, the PHA will
maintain records, reports and other documentation for a time that is in accordance with HUD
requirements and in a manner that will allow an auditor, housing professional or other interested
party to follow, monitor and or assess the PHA's operational procedures objectively and with
accuracy and in accordance with SEMAP requirements with internal supervisory audits.
Supervisory staff audit the following functions:
Not less than 20% of reexaminations
Not less than 20% of new applications
Not less than 20% of claims processed
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L. PRIVACY RIGHTS [24 CFR 982.551 and 24 CFR 5.212]
Applicants and participants, including 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/PHA will release family
information.
The PHA'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 kept in a separate folder and marked "confidential" or returned to the
family member after its use. 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
Executive Director.
PHA 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 will result in disciplinary action.
M. FAMILY OUTREACH
The PHA will publicize and disseminate information to make known the availability of housing
assistance and related services for very low income families on a regular basis. When the PHA's
waiting list is open, the PHA will publicize the availability and nature of housing assistance for
very low income families in a newspaper of general circulation, minority media, and by other
suitable means. Notices will also be provided in English and Spanish
To reach persons who cannot read the newspapers, the PHA will distribute fact sheets to the
broadcasting media, and initiate personal contacts with members of the news media and
community service personnel. The PHA will also utilize public service announcements.
The PHA will communicate the status of housing availability to other service providers in
the community,and advise them of housing eligibility factors and guidelines in order that
they can make proper referrals for housing assistance.
N. OWNER OUTREACH [24 CFR 982.54(dx5)]
The PHA makes a concerted effort to keep private owners informed of legislative changes in the
tenant-based program, which are designed to make the program more attractive to owners. This
includes informing participant owners of applicable legislative changes in program requirements.
The PHA encourages owners of decent, safe and sanitary housing units to lease to Section 8
families.
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The PHA encourages participation by owners of suitable units located outside areas of low
poverty or minority concentration.
•
The PHA conducts periodic meetings with participating owners to improve owner relations and
to recruit new owners.
The PHA maintains a list of units available for the Section 8 Program and updates this list at
least annually. When listings from owners are received, they will be compiled by the PHA
staff by bedroom size.
Printed material is offered to acquaint owners and managers with the opportunities
available under the program.
The PHA works with a nonprofit agency through the regional counseling program who
contacts others in the area, identifies families in the program, and counsels the families on
their prospective move and services available in the areas in which the family is interested.
The PHA shall periodically:
Request the HUI)Field Office to furnish a list of HUD-held properties available for
rent.
Establish contact with civic, charitable or neighborhood organizations which have
an interest in housing for low-income families and public agencies concerned with
obtaining housing for displacements.
Explain the program, including equal opportunity requirements and
nondiscrimination requirements, including Fair Housing Amendments Act of 1988
and Americans with Disabilities Act, to real estate agents, landlords, and other
groups that have dealings with low-income families or are interests in housing such
families.
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Reserved
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Chapter 2
ELIGIBILITY FOR ADMISSION
[24 CFR Part 5, Subparts B, D&E; Part 982, Subpart E]
INTRODUCTION
This Chapter defines both HUD and the PHA's criteria for admission and denial of admission to the
program. The policy of this PHA is to strive for objectivity and consistency in applying these criteria
to evaluate the eligibility of families who apply. The PHA 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 PHA pertaining to
their eligibility.
A. ELIGIBILITY FACTORS [982.201(b)]
The PHA accepts applications only from families whose head or spouse is at least 18 years of age.
To be eligible for participation, an applicant must meet HUD's criteria, as well as any permissible
additional criteria established by the PHA.
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 PHA may provide any financial assistance.
Reasons for denial of admission are addressed in the "Denial or Termination of Assistance"
chapter. 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.
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B. FAMILY COMPOSITION [24 CFR 982.201(c)]
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 a 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 PHA 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.
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 and who have a history as a family unit or show
evidence of a stable family relationship.
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.
A single woman who is pregnant.
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 enter into a lease
under State/local law.
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S[muse of Head
Spouse means the husband or wife of the head.
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. -
Co-Head
An individual in the household who is equally responsible for the lease with the Head of
Household. A family may have a spouse or co-head, but not both. A co-head never qualifies as a
• dependent.
Live-in Attendants
A Family may include a live-in aide provided that such live-in aide:
Is determined by the PHA 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.
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 PHA. 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.
The PHA will approve a live-in aide if needed as a reasonable accommodation to make the
program acrpssible to and usable by the family member with a disability. Approval of a live-in
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aide for reasonable accommodation will be in accordance with CFR 24 Part 8 and the reasonable
accommodations section in Chapter 1 of this administrative plan.
[24 CFR 982.316) At any time, the PHA 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 PHA or to another PHA 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 PHA 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.
Role of domestic violence in the split.
Recommendations of social service agencies or qualified professionals such as
children's protective services.
Documentation of these factors is the responsibility of the applicant families.If either or both
of the families do not provide the documentation,they may be denied placement on the waiting
list for failure to supply information requested by the PHA.
In cases where domestic violence played a role,the standard used for verification will be the
same as that required for the "domestic violence" preference.
Multiple Families in the Same 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.
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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 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 60 days of voucher issuance. Programs include any housing
federally assisted under the 1937 Housing Act.
A low-income family physically displaced by rental rehabilitation activity under 24 CFR
part 511.
A low-income non-purchasing family residing in a HOPE 1 or HOPE 2 project.
A low-income non-purchasing family residing in a project subject to a home-ownership
program under 24 CFR 248.173.
A low-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 248.165.
A low-income family that qualifies for Voucher assistance as a non-purchasing family
residing in a project subject to a resident home ownership program.
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To determine if the family is income-eligible, the PHA 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
informal 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 PHA in which they want to live.
D. MANDATORY SOCIAL SECURITY NUMBERS [24 CFR 5.216, 5.218]
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. CPITLENSHIP/ELIGIBLE IMMIGRATION STATUS [24 CFR 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.
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 at 24 CFR 5.522. Not
eligible for assistance.
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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 PHA 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. O1'HIR CRITERIA FOR ADMISSIONS [24 CFR 982.552(b)]
A family will not be admitted to the program if any member of the family has been evicted from
federally assisted housing for serious violation of the lease within the past 5 years.
A family will be denied admission to the program if any member of the family fails to sign and
submit consent forms for obtaining information required by the PHA, including Form HUD-9886.
The PHA 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 program for 5 years prior to final eligibility
determination.
The family must be in good standing regarding any current payment agreement
made with another PHA for a previous debt incurred, before this PHA will allow
participation in its Section 8 program.
If any applicant deliberately misrepresents the information on which eligibility or
tenant rent is established, the PHA may deny assistance and may refer the family
file/record to the proper authorities for appropriate disposition. (See Program
Integrity Addendum).
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G. TENANT SCREENING [24 CFR 982.307)] _
The PHA will take into consideration any of the criteria for admission described in the "Denial or
Termination of Assistance" chapter.
The PHA will not screen family behavior or suitability for tenancy. The PHA 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 the owner's unit. At or
before PHA approval of the tenancy,the PHA 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)]
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 PHA will give the owner:
The family's current and prior address as shown in the PHA's records; and
The name and address(if known by the PHA)of the landlord at the family's current and prior
address.
The PHA will offer the owner other information in the PHA's possession concerning the
family, including:
Information about drug-trafficking by family members
The same types of information will be supplied to all owners.
The PHA will advise families how to file a complaint if they have been discriminated against by an
owner. The PHA will advise the family to make a Fair Housing complaint. The PHA may also
report the owner to HUD (Fair Housing/Equal Opportunity) or the local Fair Housing
Organization.
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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.
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 informal review, or an informal hearing if they were denied due
to noncitizen status. 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:
Where a family lives prior to admission to the program.
Where the family will live with assistance under the program.
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 PHA 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 PHA 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 Mt APPLICATION TAKING PROCESS
The purpose of application taking is to permit the PHA 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 PHA'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
rental assistance will be given the opportunity to complete an application.
The application process will involve two phases. The first is the "initial" application for
assistance(referred to as a preapplication).This first phase results in the family's placement on
the waiting list.
The second phase is the"final determination of eligibility" (referred to as the full application).
The full application takes place when the family reaches the top of the waiting list.At this time
the PHA ensures that verification of all HUD and PHA eligibility factors is current in order to
determine the family's eligibility for the issuance of a voucher.
B. OPENING/CLOSING OF APPLICATION TAKING [24 CFR 982.206, 982.54(d)(1)]
The PHA will utilize the following procedures for opening the waiting list:
When the PHA opens the waiting list, the PHA 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: Greeley Tribune
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The notice will contain:
The dates, times, and the locations where families may apply.
The programs for which applications will be taken.
A brief description of the program.
A statement that public housing residents must submit a separate application if they want to
apply for section 8.
Limitations, if any, on who may apply.
The notices will be made in an accessible format if requested. They will provide potential applicants
with information that includes the PHA address and telephone number,how to submit an application,
information on eligibility requirements, and the availability of local preferences.
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.
If the waiting list is open,the PHA 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(bX2)]
Closing the Waiting List
The PHA 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 PHA will announce the closing of the waiting list by public notice.
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. The PHA will give at least 10 days' notice prior to
closing the list. When the period for accepting applications is over, the PHA will add the new
applicants to the list by:
Separating the new applicants into groups based on preferences for the purposes of
selection by conducting a lottery within each group and ranking applicants in each
group by date and time of application.
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Limits on Who May Apply
When the waiting list is open:
Any family asking to be placed on the waiting list for Section 8 rental assistance will
be given the opportunity to complete an application.
When the application is submitted to the PHA:
It establishes the family's date and time of application for placement order on the
waiting list.
C. "INITIAL" APPLICATION PROCEDURES [24 CFR 982.204(b)]
The PHA will utilize a pit-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. Translations will be
provided for non-English speaking applicants by staff in Spanish.
The purpose of the preapplication is to permit the PHA to preliminarily assess family eligibility or
ineligibility and to determine placement on the waiting list. The preapplication will contain at least
the following information:
Applicant name
Family Unit Size(number of bedrooms the family qualifies for under PHA subsidy
standards)
Date and time of application
Qualification for any local preference
Racial or ethnic designation of the head of household
Ineligible families will not be placed on the waiting list.
Preapplications will not require an interview. The information on the 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.
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D. APPLICANT STATUS WHILE ON WAITING LIST [CFR 982.204]
Applicants are required to inform the PHA in writing of changes in address.Applicants are also
required to respond to requests from the PHA to update information on their application and
to determine their interest in assistance.
If after a review of the preapplication 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.
This written notification of preliminary eligibility will be:
mailed to the applicant by first class mail.
If the family is determined to be ineligible based on the information provided in the preapplication,the
PHA will notify the family in writing (in an accessible format upon request as a reasonable
accommodation), state the reason(s), and inform them of their right to an informal review. Persons
with disabilities may request to have an advocate attend the informal review as an accommodation.
See "Complaints and Appeals"chapter.
E. TIME OF SELECTION [24 CFR 982.204]
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 PHA will not admit
any other applicant until funding is available for the first applicant.
Based on the PHA's turnover and the availability of funding,groups of families will be selected
from the waiting list to form a final eligibility "pool." Selection from the pool will be based on
/completion of verification.
F. COMPLETION OF A FULL APPLICATION
All preferences claimed on the preapplication or while the family is on the waiting list will be
verified:
After the family is selected from the waiting list,and prior to completing the full
application
The qualification for preference must exist at the time the preference is claimed and at the time of
verification, because claim of a preference determines placement on the waiting list.
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After the preference is verified, when the PHA is ready to select applicants, applicants will be
required to:
Complete a Personal Declaration Form prior to the full application interview.
Complete a full application in their own handwriting, unless assistance is needed, or
a request for accommodation is made by a person with a disability. Applicant will
then be interviewed by PHA staff to review the information on the full application
form.
The full application will be mailed/communicated as requested as an accommodation to a
person with a disability.
Requirement to Attend Interview
The PHA utilizes the fiill 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 PHA services or programs which 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/for members for whom
attendance would be a hardship.
If the head of household cannot attend the interview, the spouse may attend to complete
the application and certify for the family. The head of household, however,will be required
to attend an interview within ten (10) days to review the information and to certify by
signature that all of the information is complete and accurate.
It is the applicant's responsibility to reschedule the interview if s/he misses the
appointment. If the applicant does not reschedule or misses one scheduled meetings, the
PHA will reject the application.
If an applicant fails to appear for their interview without prior approval of the PHA,their
application will be denied unless they can provide acceptable documentation to the PHA
that an emergency prevented them from calling.
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.
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If an application is denied due to failure to attend the full application interview, the applicant will
be notified in writing and offered an opportunity to request an informal review. (See "Complaints
and Appeals"chapter.)
All adult members must sign the HUD Form 9886, Release of Information, the application form
and all supplemental forms required by the PHA,the declarations and consents related to
citizenship/immigration status and any other documents required by the PHA. 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 PHA.
If the PHA determines at or after the interview that additional information or document(s) are
needed, the PHA 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 PHA will provide the family a notification
of denial for assistance. (See "Complaints and Appeals" chapter)
G. VERIFICATION [24 CFR 982.201(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 status, 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 NO1'INTCATION OF ELIGIBILITY [24 CFR
982.201]
After the verification process is completed, the PHA will make a final determination of eligibility.
This decision is based upon information provided by the family, the verification completed by the
PHA, and the current eligibility criteria in effect. If the family is determined to be eligible, the
PHA 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
[24 CFR Part 5, Subpart D; 982.54(d)(1); 982.204, 982.205, 982.206]
INTRODUCTION
It is the PHA's objective to ensure that families are placed in the proper order on the waiting list and
selected from the waiting list for admissions in accordance with the policies in this Administrative
Plan.
This chapter explains the local preferences which the PHA has adopted to meet local housing
needs, defines the eligibility criteria for the preferences and explains the PHA's system of
applying them.
By maintaining an accurate waiting list,the PHA 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.
A. WAITING LIST [24 CFR 982.204]
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The PHA uses a single waiting list for admission to its Section 8 tenant-based assistance program.
Except for Special Admissions, applicants will be selected from the PHA waiting list in accordance
with policies and preferences and income targeting requirements defined in this Administrative Plan.
The PHA will maintain information that permits proper selection from the waiting list.
The waiting list contains the following information for each applicant listed:
Applicant name
Family unit size(number of bedrooms family qualifies for under PHA subsidy standards)
Date and time of application
Qualification for any local preference
Racial or ethnic designation of the head of household
Number of persons in family
Targeted program qualifications
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B. SPECIAL ADMISSIONS [24 CFR 982.54(dXe), 982.203]
If HUD awards a PHA program funding that is targeted for specifically named families,the PHA will
admit these families under a Special Admission procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do not
have to qualify for any preferences,nor are they required to be on the program waiting list. The PHA
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:
A family displaced because of demolition or disposition of a public or Indian housing project;
A family residing in a multifamily rental housing project when HUD sells, forecloses or
• demolishes the project;
For housing covered by the Low Income Housing Preservation and Resident Home-
ownership Act of 1990;
A family residing in a project covered by a project-based Section 8 HAP contract at or near
the end of the HAP contract term; and
A non-purchasing family residing in a HOPE 1 or HOPE 2 project. —�
Applicants who are admitted under Special Admissions, rather than from the waiting list, are
identified by codes in the automated system and are not maintained on separate lists.
C. WAITING LIST PREFERENCES [24 CFR 982.207]
An applicant will not be granted any local preference if any member of the family has been
evicted from housing assisted under a 1937 Housing Act program during the past three years
because of drug-related criminal activity.
If an applicant makes a false statement in order to qualify for a local preference,the PHA will
deny admission to the program for the family.
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r^ D. LOCAL PREFERENCES [24 CFR 982.207]
The PHA uses the following local preference system:
Residency Preference
Date and time of receipt of a completed application.
Disability preference: This preference is extended to disabled persons or families with a
disabled member as defined in this plan.Proof of disability will be required at time of
selection.
Graduates of Homeless Case Management programs for homeless/substance
abusers/victims of domestic abuse.
Victims of domestic violence:The PHA will offer a local preference to families that have
been subjected to or victimized by a member of the family or household within the past
6 months. The PHA will require evidence that the family has been displaced as a result
of fleeing violence in the home. Families are also eligible for this preference if there is
proof that the family is currently living in a situation where they are being subjected to
or victimized by violence in the home. The following criteria are used to establish a
family's eligibility for this preference:
Actual or threatened physical violence directed against the applicant or the applicant's
family by a spouse or other household member who lives in the unit with the family.
The actual or threatened violence must have occurred within the past 90 days or be of
a continuing nature.
An applicant who lives in a violent neighborhood or is fearful of other violence
outside the household is not considered involuntarily displaced.
To qualify for this preference, the abuser must still reside in the unit from which the
victim was displaced. The applicant must certify that the abuser will not reside with
the applicant unless the PHA gives prior written approval.
The PHA will approve the return of the abuser to the household under the following
conditions:
The PHA verifies that the abuser has received therapy or counseling that
appears to minimize the likelihood of recurrence of violent behavior.
A counselor,therapist or other appropriate professional recommends in
writing that the individual be allowed to reside with the family.
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If the abuser returns to the family without approval of the PHA,the PHA will deny or
terminate assistance for breach of the certification.
At the family's request, the PHA will take precautions to ensure that the new
location of the family is concealed in cases of domestic abuse.
Involuntarily displaced
Involuntary Displacement •
Families are considered to be involuntarily displaced if they are required to vacate housing as a
result of:
1. A disaster(fire,flood, earthquake,etc.)that has caused the unit to be uninhabitable.
2. Federal, state or local government action related to code enforcement, public
improvement or development.
3. Action by a housing owner which is beyond an applicant's ability to control,and which
occurs despite the applicant's having met all previous conditions of occupancy,and is
other than a rent increase.
If the owner is an immediate family relative and there has been no previous rental
agreement and the applicant has been part of the owner's family immediately prior to
application,the applicant will not be considered involuntarily displaced.
For purposes of this definitional element,reasons for an applicant's having to vacate a housing
unit include, but are not limited to:
Conversion of an applicant's housing unit to non-rental or non-residential use;
Closure of an applicant's housing unit for rehabilitation or non-residential use;
Notice to an applicant that s/he must vacate a unit because the owner wants the
unit for the owner's personal or family use or occupancy;
Sale of a housing unit in which an applicant resides under an agreement that
the unit must be vacant when possession is transferred; or
Any other legally authorized act that results,or will result,in the withdrawal by
the owner of the unit or structure from the rental market.
4. To avoid reprisals because the family provided information on criminal activities to a
law enforcement agency and, after a threat assessment, the law enforcement agency
recommends rehousing the family to avoid or reduce risk of violence against the family.
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5. By hate crimes if a member of the family has been the victim of one or more hate
crimes,and the applicant has vacated the unit because of the crime or the fear of such
a crime has destroyed the applicant's peaceful enjoyment of the unit.
Standard Replacement Housing
In order to receive the displacement preference,applicants who have been displaced must not
be living in "standard, permanent replacement housing."
Standard replacement housing is defined as housing that is decent, safe and sanitary
[according to Housing Quality Standards that is adequate for the family size according to
[Housing Quality Standards and that the family is occupying pursuant to a written or
oral lease or occupancy agreement.
Standard replacement housing does not include transient facilities, hotels, motels,
temporary shelters,and(in the case of Victims of Domestic Violence)housing occupied
by the individual who engages in such violence.
It does not include any individual imprisoned or detained pursuant to State Law or an
Act of Congress.
Homeless families may maintain their place on the waiting list while completing a transitional
housing program.
Persons who reside as part of a family unit shall not be considered a separate household.
Treatment of Single Applicants
Singles Preference
Applicants who are elderly,disabled,or displaced families of no more than two person
families will be given a selection priority over all "Other Single" applicants regardless
of preference status. Other Singles" denotes a one-person household in which the
individual member is not elderly, disabled, or displaced by government action. Such
applicants will be placed on the waiting list in accordance with any other preferences to
which they are entitled, but they can not be selected for assistance before any one or
two person elderly, disabled or displaced family regardless of local preferences.
E. INCOME TARGETING
In accordance with the Quality Housing and Work Responsibility Act of 1998, each fiscal year the
PHA will reserve a minimum of seventy-five percent of its Section 8 new admissions for families
whose income does not exceed 30 percent of the area median income.HUD refers to these families as
"extremely low-income families."The PHA will admit families who qualify under the Extremely Low
Income limit to meet the income targeting requirement, regardless of preference.
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The PHA's income targeting requirement does not apply to low income families continuously assisted as provided for under the 1937 Housing Act.
The PHA is also exempted from this requirement where the PHA is providing assistance to low
income or moderate income families entitled to preservation assistance under the tenant-based
program as a result of a mortgage prepayment or opt-out.
Jurisdictions Served By More Than One PHA
HUD will treat multiple PHAs serving one jurisdiction as a single PHA for income targeting
purposes.The PHA will cooperate with other PHAs serving the same jurisdiction to assure that
aggregate admissions comply with the 75%targeted income requirement for the jurisdiction.
HUD will determine which PHA's fiscal year will be used for income targeting purposes,if the
PHAs do not have a single fiscal year.
The PHA shall have the discretion,at least annually,to exercise the"fungibility" provision of
the QHWRA. This provision allows the PHA to admit less than the minimum 40% of its
extremely low-income families in a fiscal year to its public housing program to the extent that
the PHA's admission of extremely low income families in the tenant-based assistance program
exceeds 75% of all admissions during the fiscal year. If exercising this option the PHA will
follow the fungibility threshold limitations as set forth in QHWRA legislation.
The discretion by the PHA to exercise the fungibility provision is also reflected in the PHA's
Public Housing Admissions and Continued Occupancy Policy.
F. INITIAL DETERMINATION OF LOCAL PREFERENCE QUALIFICATION [24
CFR 982.207]
At the time of application, an applicant's entitlement to a local preference may be made on the
following basis.
An applicant's certification that they qualify for a preference will be accepted without
verification at the initial application.When the family is selected from the waiting list
for the final determination of eligibility, the preference will be verified.
If the preference verification indicates that an applicant does not q alify for the preference, the
applicant will be returned to the waiting list without the local preference and given an opportunity for
a meeting.
If,at the time the family applied,the preference claim was the only reason for placement of the
family on the list and the family cannot verify their eligibility for the preference as of the date
of application, the family will be removed from the list.
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G. EXCEPTIONS FOR SPECIAL ADMISSIONS [24 CFR 982.203, 982.54(d)(3)]
If HUD awards a PHA program funding that is targeted for specifically named families,the PHA will
admit these families under a Special Admission procedure.
Special admissions families will be admitted outside of the regular waiting list process. They do not
have to qualify for any preferences,nor are they required to be on the program waiting list. The PHA
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:
A family displaced because of demolition or disposition of a public or Indian housing project;
A family residing in a multifamily rental housing project when HUD sells, forecloses or
demolishes the project;
For housing covered by the Low Income Housing Preservation and Resident Home-
ownership Act of 1990;
A family residing in a project covered by a project-based Section 8 HAP contract at or near
the end of the HAP contract term; and
A non-purchasing family residing in a HOPE 1 or HOPE 2 project.
H. TARGETED FUNDING[24 CFR 982.203]
When HUD awards special funding for certain family types, families who qualify are placed on the
regular waiting list.When a specific type of funding becomes available,the waiting list is searched for
the first available family meeting the targeted funding criteria.
Applicants who are admitted under targeted funding which are not identified as a Special Admission
are identified by codes in the automated system The PHA has the following "Targeted"
Programs: NONE
L PREFERENCE AND INCOME TARGETING ELIGIBILITY [24 CFR 982.207]
Change in Circumstances
Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to
a preference. Applicants are required to notify the PHA in writing when their circumstances change.
Cross-Listing of Different Housing Programs and Section 8 [24 CFR 982.205(a)]
The PHA will merge its waiting lists for all programs.
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Other Housine Assistance [24 CFR 982.205(b)]
Other housing assistance means a federal, State or local housing subsidy, as determined by
HUD, including public housing.
The PHA may not take any of the following actions because an applicant has applied for,
received, or refused other housing: [24 CFR 982.205(b)]
Refuse to list the applicant on the PHA waiting list for tenant-based assistance;
Deny any admission preference for which the applicant is currently qualified;
Change the applicant's place on the waiting list based on preference,date and time of
application, or other factors affecting selection under the PHA selection policy; or
Remove the applicant from the waiting list.
However,the PHA may remove the applicant from the waiting list for tenant-based assistance
if the PHA has offered the applicant assistance under the voucher program.
d. ORDER OF SELECTION [24 CFR 982.207(e)]
The PHA's method for selecting applicants from a preference category leaves a clear audit trail that
can be used to verify that each applicant has been selected in accordance with the method specified in
the administrative plan.
Local Preferences
Local preferences will be used to select families from the waiting list.
Local preferences will be aggregated using the following system: (select only one
system of aggregating)
Each preference will receive an allocation of points. The more preference
points an applicant has, the higher the applicant's, place on the waiting list.
Flood,Fire,Eminent Domain Displacement 10 Points
Condemnation 10 points
Domestic Violence Displacement 5 points
Homeless Case Management Participant 5 points
Residents of Greeley/Weld County 6 points
Disabled or Elderly 4 points
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Among Applicants with Equal Preference Status
Among applicants with equal preference status, the waiting list will be organized by date and time.
K. FINAL VERIFICATION OF PREFERENCES [24 CFR 982.207]
Preference information on applications will be updated as applicants are selected from the waiting list.
At that time, the PHA will:
Obtain necessary verifications of preference at the interview and by third party
verification.
L. PREFERENCE DENIAL [24 CFR 982.207]
If the PHA denies a preference, the PHA will notify the applicant in writing of the reasons why the
preference was denied and offer the applicant an opportunity for an informal meeting. If the
preference denial is upheld as a result of the meeting,or the applicant does not request a meeting,the
applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise
other rights if they believe they have been discriminated against.
If the applicant falsifies documents or makes.false statements in order to qualify for any
preference, they will be removed from the waiting list.
M. REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204(c)]
The Waiting List will be purged annually by a mailing to all applicants to ensure that the
waiting list is current and accurate.The mailing will ask for confirmation of continued interest.
Any mailings to the applicant which require a response will state that failure to respond within
10 days will result in the applicant's name being dropped from the waiting list.
An extension of 10 days to respond will be granted, if requested and needed as a reasonable
accommodation for a person with a disability.
If the applicant did not respond to the PHA request for information or updates because of a family
member's disability,the PHA will reinstate the applicant in the family's former position on the waiting
list.
If a letter is returned by the Post Office without a forwarding address, the applicant will be
removed without further notice, and the envelope and letter will be maintained in the file.
If a letter is returned with a forwarding address,it will be re-mailed to the address indicated.
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The PHA allows a grace period of 20 days after completion of the purge. Applicants who
respond during this grace period will be reinstated.
•
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Reserved
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Chapter 5
SUBSIDY STANDARDS
[24 CFR 982.54(d)(9)]
INTRODUCTION
HUD guidelines require that PHA'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 PHA's procedures when
a family's size changes, or a family selects a unit size that is different from the Voucher.
A. DETERMINING FAMILY UNIT(VOUCHER) SIZE [24 CFR 982.402]
The PHA does not determine who shares a bedroom/sleeping room, but there must be at least one
person per bedroom on the Voucher. The PHA'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 old or older.
All standards in this section relate to the numberof 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.
Generally,the PHA assigns one bedroom to two people within the following guidelines:
Persons of different generations, 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 6 years.
Foster children will be included in determining unit size only if they will be in the
unit for more than 3 months.
Live-in attendants will generally be provided a separate bedroom. 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.
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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.
Adults of different generations will have separate bedrooms.
A single pregnant woman with no other family members must be treated as a two-
person family.
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 4
3 Bedrooms 3 6
4 Bedrooms 4 8
5 Bedrooms 6 10
6 Bedrooms 8 12
B. EXCEPTIONS TO SUBSIDY STANDARDS [24 CFR 982.403(a)& (b)]
The PHA shall grant exceptions from the subsidy standards if the family requests and the PHA
determines the exceptions are justified by the relationship, age, sex, health or disability of family
members, or other individual circumstances.
The PHA 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 medical or health reason; or
Elderly persons or persons with disabilities who may require a live-in attendant.
Request for Exceptions to Subsidy Standards
The family may request a larger sized voucher than indicated by the PHA's subsidy
standards. Such request must be made in writing within 10 days of the PHA'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.
The PHA will not issue a larger voucher due to additions of family members other than by
birth, adoption, marriage, or court-awarded custody.
Requests based on health related reasons must be verified by a medical professional.
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�" PHA Error
If the PHA ens 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
PHA subsidy standards. If an applicant requires a change in the voucher size, based on the
requirements of the PHA subsidy standards, the above-referenced guidelines will apply.
Chances for Participants
The members of the family residing in the unit must be approved by the PHA. 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 PHA within [number of] 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
PHA will issue a new voucher of the appropriate size and assist the family in locating a suitable
unit.
Premerger Certificate Families Only:
If a premerger certificate family is occupying a unit which has more bedrooms than
allocated under the PHA's subsidy standards, and the gross rent exceeds the
FMR/Exception Rent for the family size under the PHA's subsidy standards, the PHA will
issue the family a new voucher, of the appropriate size, and assist the family in finding a
suitable unit.
Premerger 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.
The PHA 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 PHA.
The PHA and family have been unable to locate a unit within 60 days.
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Transfer Waitin¢List
When a change in family composition requires a larger Voucher size and no funds are available,
the family will be placed on a Transfer List.
Families will be selected from the Transfer List before families are selected from the applicant
waiting list. This assures that families who are.already on the program are in the appropriate sized
units.
Families will be selected from this list when there is available funding, in the following sequence:
A participant family (whose family composition has been approved by the PHA)
who requires a change in Voucher size because they are living in a unit which is
overcrowded according to Housing Quality Standards.
A participant family(whose family composition has been approved by the PHA)
who requires a change in Voucher size under the Subsidy Standards, but not under
Housing Quality Standards.
All others who require a transfer as determined by the PHA.
•
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C. UNIT SIZE SELECTED [24 CFR 982.402(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 PHA subsidy
standard for a family assisted in the voucher program is based on the PHA's adopted
payment standards. The payment standard for a family shall be the lower 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.
r
HQS GUIDELINES FOR UNIT SIZE SELECTED
Unit Size Maximum Number in Household
0 Bedroom 1
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 PHA 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 TTP 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 PHA's policies in this Chapter address those areas
which allow the PHA discretion to define terms and to develop standards in order to aQV ire 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 which 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 which 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 which 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:
Dependent Allowance: $480 each for family members(other than the head or spouse) who
are minors, and for family members who are 18 and older who are full-time students or who
are disabled.
Elderly/Disabled Allowance: $400 per family for families whose head or spouse is 62 or over
or disabled.
Allowable Medical Expenses:Deducted for all family members of an eligible elderly/disabled
family.
Child Care Expenses:Deducted for the care of children under 13 when child care is nernsary
to allow an adult member to work, attend school, or actively seek employment.
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 5.616]
Minimum Rent
"Minimum rent"is$25.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 PHA recognizes that in some circumstances even the minimum rent may create a financial
hardship for families. The PHA will review all relevant circumstances brought to the PHA's attention
regarding financial hardship as it applies to the minimum rent. The following section states the PHA'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. (24 CFR 5.630)
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Criteria for Hardship Exception
In order for a family to qualify for a hardship exception the family's circumstances must fall under one
of the following HUD hardship criteria:
The family has lost eligibility or is awaiting an eligibility determination for Federal, State, or
local assistance, including a family with a member who is a noncitizen lawfully admitted for
permanent residence under the Immigration and Nationality Act,and who would be entitled to
public benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of
1996.
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, or other circumstances as determined by the PHA or HUD
PHA Notification to Families of Right to Hardship Exception
The PHA will notify all families subject to minimum rents of their right to request a minimum rent
hardship exception. "Subject to minimum rent"means the minimum rent was the greatest figure in the
calculation of the greatest of 30%of monthly adjusted income, 10%of monthly income, minimum
rent or welfare rent.
The PHA notification will advise families that hardship exception determinations are subject to PHA
review and hearing procedures.
The PHA will review all family requests for exception from the minimum rent due to financial
hardships.
All requests for minimum rent hardship exceptions are required to be in writing.
Requests for minimum rent exception will be accepted by the PHA from the family in writing.
The PHA will request documentation as proof of financial hardship.
The PHA 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
qualify the family for an exception.
•
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Suspension of Minimum Rent
The PHA will grant the minimum rent exception to all families who request it,effective the first ofthe
following month.
The minimum rem will be suspended until the PHA determines whether the hardship is:
Covered by statute
Temporary or long term
"Suspension"means that the PHA must not use the minimum rent calculation until the PHA has made
this decision.
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 PHA determines that the minimum rent is not covered by statute, the PHA will impose a
minimum rent including payment for minimum rent from the time of suspension.
Temporary Hardship
If the PHA 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 PHA 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 PHA" chapter for Repayment
agreement policy).
Lone-Term Duration Hardships 124 CFR 5.616(c)(3)]
If the PHA determines that there is a qualifying long-term financial hardship, the PHA Must exempt
the family from the minimum rent requirements for as long as the hardship continues. The exemption
from minimum rent shall apply from the first day of the month following the family's request for
exemption.
Retroactive Determination
The PHA will reimburse the family for any minimum rent charges which took effect after October 21,
1998 that qualified for one of the mandatory exceptions.
If the family is owed a retroactive payment, the PHA will offset the family's future rent
contribution payments by the amount in which the PHA owes the family.
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C. DEFINITION OF TEMPORARILY/PERMANENTLY ABSENT [24 CFR
982.54(d)(10), 982.551]
The PHA must compute all applicable income of every family member who is on the lease,including
those who are temporarily absent. In addition, the PHA 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
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 PHA
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
3 consecutive months or 120 days in a 12 month period 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 PHA 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 90 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 PHA's "Absence of Entire Family" policy.
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
hone but lives with the family during school recesses may, at the family's choice, be
considered either temporarily or permanently absent. 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.
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•
Absence due to Incarceration
If the sole member is incarcerated for more than 90 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 3 consecutive month or 120 days in a twelve month
period.
The PHA will determine if the reason for incarceration is for drug-related or violent criminal
activity.
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 PHA 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 3 of 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 PHA's subsidy standards.
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 PHA will terminate assistance
in accordance with appropriate termination procedures contained in this Plan.
Families are required both to notify the PHA before they move out of a unit and to give the PHA
information about any family absence from the unit.
Families must notify the PHA at least 5 days before leaving the unit 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 90 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 PHA will not continue assistance
payments.
HUD regulations require the PHA to terminate assistance if the entire family is absent from the unit
for a period of more than 180 consecutive calendar days.
"Absence" means that no family member is residing in the unit.
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In order to determine if the family is absent from the unit, the PHA 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
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 days limit.
If the absence which resulted in termination of assistance was due to a person's disability,and
the PHA can verify that the person was unable to notify the PHA in accordance with the
family's responsibilities, and if funding is available, the PHA 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 PHA
will treat that adult as a visitor for the first 14 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 PHA will
review the status at 14 day intervals.
If custody or legal guardianship has not been awarded by the court, but the action is in process,the
PHA will secure verification from social services staff or the attorney as to the status.
The caretaker will be allowed to remain in the unit, as a visitor, until a determination of
custody is made.
The PHA 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.
When the PHA approves a person to reside in the unit as caretaker for the child/ren, the income
should be counted pending a final disposition. The PHA will work with the appropriate service
agencies and the landlord to provide a smooth transition in these cases.
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If a member of the household is subject to a court order that restricts him/her from the home for more than 3 months, the person will be considered permanently absent.
Visitors
Any adult not included on the HUD 50058 who has been in the unit more than 14 consecutive days
without PHA approval, or a total of 24 days in a 12-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
PHA will terminate assistance since prior approval was not requested for the addition.
Minors and college students who were part of the family but who now live away from home during
the school year and are no longer on the lease may visit for up to 90 days per year without being
considered a member of the household.
In a joint custody arrangement,if the minor is in the household less than 180 days per year,the minor
will be considered to be an eligible visitor and not a family member.
Reporting Additions to Owner and PHA
Reporting changes in household composition to the PHA is both a HUD and a PHA requirement.
The family obligations require the family to request PHA approval to add any other family member as
an occupant of the unit and to inform the PHA of the birth, adoption or court-awarded custody of a
child. The family must request prior approval of additional household members in writing. If any new
family member is added,the income of the additional member will be included in the family income as
applicable tinder HUD regulations.
If the family does not obtain prior written approval from the PHA,any person the family has
permitted to move in will be considered an unauthorized household member.
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In the event that a visitor continues to reside in the unit after the maximum allowable time,the
family must report it to the PHA in writing within 10 days of the maximum allowable time.
Families are required to report any additions to the household in writing to the PHA 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.
Reporting Absences to the PHA
Reporting changes in household composition is both a HUD and a PHA requirement.
If a family member leaves the household,the family must report this change to the PHA, in writing,
within 10 days of the change and certify as to whether the member is temporarily absent or
permanently absent.
The PHA 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 PHA may:
Average known sources of income that vary to compute an annual income, or
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.Families who report zero income are required to complete
a written certification every 90 days
Families that report zero income will be required to provide information regarding their means
of basic subsistence, such as food, utilities, transportation, etc.
If the family's expenses exceed their known income,the PHA will make inquiry of the head of
household as to the nature of the family's accessible resources.
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F. INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME p —
CFR 982.54(dX10)]
If a family member is permanently confined to a hospital or nursing home and there is a family
member left in the household,the PHA 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 3 months or more frequently will be considered a "regular"
contribution or gift, unless the amount is less than$300.00 per year. 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 for further definition.)
If the family's expenses exceed its known income,the PHA will inquire of the family regarding
contributions and gifts.
IL ALIMONY AND CHILD SUPPORT [24 CFR 5.609]
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 PHA 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 PHA will accept verification that the family is receiving an amount less than the award if:
The PHA receives verification from the agency responsible for enforcement or
collection.
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.
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LUMP-SUM RECEIPTS [24 CFR 5.609]
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 same as periodic payments
which are deferred due to delays in processing.
In order to determine amount of retroactive tenant rent that the family owes as a result of the lump
sum receipt:
The PHA uses a calculation method which calculates retroactively or prospectively
depending on the circumstances.
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 PHA 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 PHA 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 amortizing the payment over one year will cause the family to pay more than 40% of the
family's adjusted income (before the lump sum was added) for Total Tenant Payment, the
PHA and family may enter into a Payment Agreement, with the approval of Section 8
Administrator for the balance of the amount over the 40%calculation.The beginning date for
this Payment Agreement will start as soon as the one year is over.
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Retroactive Calculation Methodolot y
The PHA will go back to the date the lump-sum payment was received, or to the date of
admission, whichever is closer.
The PHA 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 PHA.
The family must pay this "retroactive" amount to the PHA in a lump sum.
At the PHA's option,the PHA may enter into a Payment Agreement with the family.
The amount owed 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.
J. 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 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(dX3)]
The PHA must count assets disposed of for less than fair market value during the two years preceding
certification or reexamination. The PHA 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.
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The PHA's minimum threshold for counting assets disposed of for less than Fair Market value
is $1000.00. If the total value of assets disposed of within a one-year period is less than $
1000.00 they will not be considered an asset.
L. CHILD CARE EXPENSES [24 CFR 5.603]
Child care expenses for children under 13 may be deducted from annual income if they enable an adult
to work or attend school full time, or to actively seek employment.
Child care expenses cannot be allowed as a deduction if there is an adult household member
capable of caring for the child who can provide the child care. Examples of those adult
members who would be considered unable to care for the child include:
The abuser in a documented child abuse situation, or
A person with disabilities or older person unable to take care of a small child, as
verified by a reliable knowledgeable source.
Allowability of deductions for child care expenses is based on the following guidelines:
Child care to work: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 PHA will survey the local care providers in the community as a
guideline. If the hourly rate materially exceeds the guideline,the PHA may calculate
the allowance using the guideline.
M. MEDICAL EXPENSES [24 CFR 5.609(aX2), 5.603]
When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense,
IRS Publication 502 will be used as a guide.
Nonprescription medicines must be doctor-recommended in order to be considered a medical
expense.
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N. PRORATION OF ASSISTANCE FOR "MIXED" FAMILIES [24 CFR 5.520] _
Applicability
Proration of assistance must be offered to any "mixed" applicant or participant family. A "mixed"
family is one that includes 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 the family members who actually are eligible.
Calculations for each housing program are performed on the HUD 50058 form.
O. REDUCTION IN BENEFTTS
See Chapter on recertification on how to handle income changes resulting from welfare program
requirements.
P. UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS
CFR 982.153, 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 PHA'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 PHA may not provide any allowance for non-essential utility costs, such as costs of cable or
satellite television.
The PHA 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), range (cost of tenant-supplied range); and other
speciSed services.
An allowance for tenant-paid air conditioning will be provided in those cases where the majority of
housing units in the market have central air conditioning or are wired for tenant installed air
conditioners [24 CFR 982.517.
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The PHA 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 PHA will establish an allowance
adequate for the family to purchase or rent a range or refrigerator, even if the family already owns
either appliance. Allowances for ranges and refrigerators will be based on the lesser of the cost of
leasing or purchasing the appropriate appliance over a 120 month period.
Where the calculation on the HUD 50058 results in a utility reimbursement payment due the family
[24 CFR 982.514(b)], the PHA will provide a utility reimbursement payment for the family each
month. The check will be made out (depending on lease requirements):
directly to the tenant
directly to the utility company. The PHA will notify the family of the amount paid to the
utility supplier
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Reserved
•
•
•
•
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Chapter 7
VERIFICATION PROCEDURES
[24 CFR Part 5, Subparts B, D, E and F; 24 CFR 982.158; 24 CFR 5.617]
INTRODUCTION
HUD regulations require that the factors of eligibility and Total Tenant Payment/Family Share be
verified by the PHA PHA 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 PHA
whenever information is requested. The PHA's verification requirements are designed to maintain
program integrity. This chapter explains the PHA's procedures and standards for verification of
preferences, income, assets,allowable deductions,family status, and changes in family composition.
The PHA will obtain proper authorization from the family before requesting information from
independent sources.
A. METHODS OF VERIFICATION AND TIME ALLOWED [24 CPR 982.516]
The PHA 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 PHA will allow 2 weeks for return of third-party verifications and 2 weeks to obtain other types
of verifications before going to the next method. The PHA will document the file as to why third
party written verification was not used.
For applicants,verifications may not be more than 60 days old at the time of Voucher issuance. For
participants,they are valid for 120 days from date of receipt.
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Third-Party Written Verification
Third-party verification is used to verify information directly with the source. Third-party written
verificationforms 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 PHA 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
Third-Party Oral 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
Certification of Document Viewed or Person Contacted form,noting with whom they spoke,
the date of the conversation, and the facts provided. If oral third party verification is not
available,the PHA will compare the information to any documents provided by the Family.If
provided by telephone,the PHA must originate the call.
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 2 weeks, the PHA will annotate the file accordingly and utilize
documents provided by the family as the primary source if the documents provide complete
information.
The PHA will accept the following documents from the family provided that the document is
such that tampering would be easily noted:
Printed wage stubs
Computer print-outs from the employer
Signed letters (provided that the information is confirmed by phone)
Other documents noted in this Chapter as acceptable verification
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The PHA will accept faxed documents.
The PHA will not accept photo copies.
If third-party verification is received after documents have been accepted as provisional verification,
and there is a discrepancy, the PHA will utilize the third party verification.
The PHA will not delay the processing of an application beyond I4 days because a third party
information provider does not return the verification in a timely manner.
Self-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 a notarized statement/affidavit/certification/statement under penalty of
perjury and must be witnessed.
B. RELEASE OF INFORMATION [24 CFR 5.230]
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 of
admission or termination of assistance because it is a family obligation to supply any information and
to sign consent forms requested by the PHA or HUD.
C. COMPUTER MATCHING
Where allowed by HUD and/or other State or local agencies,computer matching will be done.
When computer matching results in a discrepancy with information in the PHA records,the PHA will
follow up with the family and verification sources to resolve this discrepancy. If the family has
unreported or underreported income, the PHA will follow the procedures in the Program Integrity
Addendum of the Administrative Plan.
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When the family furnishes the PHA with a letter or notice from HUD concerning the amount or
verification of income,the PHA will verify the accuracy of income information contained in the notice
and will, as appropriate,
Change the amount of total tenant payment, family rent to owner and housing assistance
payment, or
Terminate assistance.
D. ITEMS TO BE VERIFIED [24 CFR 982.516]
All income not specifically excluded by the regulations.
Full-time student status including High School students who are 18 or over.
Current assets including assets disposed of for less than fair market value in preceding two years.
Child care expense where it allows an adult family member to be employed or to further his/her
education.
Total medical expenses of all family members in households whose head or spouse is elderly or
disabled.
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.
Disability for determination of preferences, allowances or deductions.
U.S. citizenship/eligible immigrant status
Social security numbers for all family members over 6 years of age or older who have been issued a
social security number.
"Preference" status
Familial/Marital status when needed for head or spouse definition.
Verification of Reduction in Benefits for Noncompliance:
The PHA 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 982.516]
This section defines the methods the PHA will use to verify various types of income.
Employment Income
Verification forms request the employer to specify the:
Dates of employment
Amount and frequency of pay •
Date of the last pay increase
Likelihood of change of employment status and effective date of any known salary increase
during the next 12 months
Year to date earnings
Estimated income from overtime, tips, bonus pay expected during next 12 months
Acceptable methods of verification include, in this order:
1. Employment verification font completed by the employer.
2. Check stubs or earning statements,which indicate the employee's gross pay,frequency of pay
or year to date earnings.
3. W-2 forms plus income tax return forms.
4. 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 Internal Revenue Service for further verification of income.
In cases where there are questions about the validity of information provided by the family,
the PHA will require the most recent federal income tax statements.
Where doubt regarding income exists, a referral to IRS for confirmation will be made on a
case-by-case basis.
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Social Security. Pensions, Supplementary Security Income (SSD, Disability Income
Acceptable methods of verification include, in this order:
1. Benefit verification form completed by agency providing the benefits.
2. Award or benefit notification letters prepared and signed by the providing agency.
3. Computer report electronically obtained or in hard copy.
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. PHA verification form completed by payment provider.
2. Computer-generated Notice of Action.
3. Computer-generated list of recipients from Welfare Department.
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. Copy of latest check and/or payment stubs from Court Trustee.PHA must record the
date, amount,and number of the check.
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.
A statement from the agency responsible for enforcing payments to show that the
family has filed for enforcement.
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A welfare notice of action showing amounts received by the welfare agency for child
support.
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 PHA 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:
Schedule C (Small Business)
Schedule E(Rental Property Income)
Schedule F(Farm Income)
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.
2. Audited or unaudited financial statement(s) of the business.
3. Credit report or loan application.
4. 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.
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 PHA 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.
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If the family has filed a tax return,the family will be required to provide it.
The PHA will conduct interim reevaluations every 120 days and require the participant to
provide a log with the information about customers and income.
If child care services were terminated, a third-party verification will be sent to the parent
whose child was cared for.
Recurring Gifts
The family must furnish a self-certification which contains the following information:
The person who provides the gifts
The value of the gifts
The regularity(dates) of the gifts
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 PHA will request information from the State Employment Development Department.
Full-time Student Status
Only the first$480 of the earned income of fiill 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 is 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 fill-
time student by the educational institution.
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F. INCOME FROM ASSETS [24 CFR 982.5161
Savings Account Interest Income and Dividends
Acceptable methods of verification include, in this order:
1. Account statements,passbooks,certificates of deposit,or PHA 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 PHA 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:
1. 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.
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G. VERIFICATION OF ASSETS
Family Assets
The PHA 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:
Verification forms, letters, or documents from a financial institution or broker.
Passbooks,checking account statements, certificates of deposit,bonds,or financial statements
completed by a financial institution or broker.
Quotes from a stock broker or realty agent as to net amount family would receive if they
liquidated securities or real estate.
Real estate tax statements if the approximate current market value can be deduced from
assessment.
Financial statements for business assets.
Copies of closing documents showing the selling price and the distribution of the sales
proceeds.
Appraisals of personal property held as an investment.
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 PHA 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
certification is required that shows: (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.
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B. VERIFICATION OF ALLOWABLE DEDUCTIONS FROM INCOME [24CFR
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,social security
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:
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.
Written confirmation by the insurance company or employer of health insurance premiums to
be paid by the family.
Written confirmation from the Social Security Administration of Medicare premiums to be
paid by the family over the next 12 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 12 months.
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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 12 months that can be
used to anticipate future medical expenses.PHA 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 PHA 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:
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.
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.
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^ L VERIFYING NON-FINANCIAL FACTORS [24 CFR 5.617(bx2)]
Verification of Leaal Identity
In order to prevent program abuse,the PHA 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.
Certificate of Birth, naturalization papers
Church issued baptismal certificate
Current,valid Driver's license
U.S. military discharge(DD 214)
U.S. passport
Voter's registration
Company/agency Identification Card
Department of Motor Vehicles Identification Card
Documents considered acceptable for the verification of legal identity for minors may be one or more
of the following:
Certificate of Birth
Adoption papers
Custody agreement
Health and Human Services ID
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.
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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.
The following verifications will always be required if applicable:
Verification of relationship:
Official identification showing names
Birth Certificates
Baptismal certificates
Verification of guardianship is:
Court-ordered assignment
Affidavit of parent
Verification from social services agency
School records
Verification of Permanent Absence of Family Member
If an adult member who was formerly a member of the household is reported permanently absent by
the family, the PHA will consider any of the following as verification:
Husband or wife institutes divorce action.
Husband or wife institutes legal separation.
Order of protection/restraining order obtained by one family member against another.
Proof of another home address, such as utility bills, canceled checks for rent,drivers license,
or lease or rental agreement, if available.
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.
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.
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Verification of Change in Family Composition
The PHA 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, 5.510,5.512, 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 PHA hearing is pending.
Citizens or Nationals of the United States are required to sign a declaration under penalty of perjury.
The PHA will require citizens to provide documentation of citizenship.
Acceptable documentation will include at least one of the following original documents:
United States birth certificate
United States passport
Resident alien/registration card
Social security card
Other appropriate documentation as determined by the PHA
Eligible Immigrants who were Participants and 62 or over on June 19. 1995 are required to sign a
declaration of eligible immigration status and provide proof of age.
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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 PHA verifies the status through the INS SAVE system. If this primary verification
fails to verify status, the PHA 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 fails to provide and sign as required,the family may be denied or terminated for failure
to provide required information.
Time of Verification
For applicants,verification of U.S.citizenship/eligible immigrant status occurs at the same time
as verification of other factors of eligibility for final eligibility detertnination/at the time of initial
application.
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 PHA does not supply the documents,the PHA
must conduct the determination.
Extensions of Time to Provide Documents
The PHA will not 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.
Resident Alien Card (I-551)
Alien Registration Receipt Card(I-151)
Arrival-Departure Record (1-94)
Temporary Resident Card (1-688)
Employment Authorization Card (I-688B)
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Receipt issued by the INS for issuance of replacement of any of the above documents that
shows individual's entitlement has been verified
A birth certificate is not acceptable verification of status. All documents in connection with U.S.
citizenship/eligible immigrant status must be kept five years.
If the PHA determines that a family member has knowingly permitted another individual who is not
eligible for assistance to reside permanently in the family's unit, the family's assistance will be
terminated for 36 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 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:
A driver's license
Identification card issued by a Federal, State or local agency
Identification card issued by a medical insurance company or provider(including Medicare
and Medicaid)
An identification card issued by an employer or trade union
An identification card issued by a medical insurance company
Earnings statements or payroll stubs
•
Bank Statements
IRS Form 1099
Benefit award letters from government agencies
Retirement benefit letter
Life insurance policies
Court records such as real estate,tax notices,marriage and divorce,judgment or bankruptcy
records
r
Verification of benefits or social security number from 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 PHA.
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 PHA. The applicant/participant or family member will have an additional 30 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 PHA 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 that a larger unit is necessary must be obtained from a reliable,knowledgeable
professional.
J. VERIFICATION OF WAITING LIST PREFERENCES [24 CFR 982.207]
Local Preferences
Involuntary Displacement
Families who claim they are being or have been displaced due to either a disaster or government
action: written verification by the displacing unit or agency of government, or by a service agency
such as the Red Cross.
Families who claim they are being or have been displaced because of actions taken by the owner/agent
of the unit the family is renting:Notification by owner to family of the action/written verification by
the owner or agent/documents such as sales agreements, foreclosure notices or building permits.
Families who claim they are being or have been displaced due to domestic violence:
Written verification from police, social service agency,court, clergyperson,physician,and/or
public or private facility giving shelter and/or counseling to victims. Verification must be
obtained(from a landlord or other source)that the abuser still resides at the unit.
The family must certify that the abuser will not return to the household without the advance
written approval of the PHA.Before giving approval,the PHA will require verification of the
following:
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That the family members involved have been through a counseling program
and the service provider believes that a reconciliation is likely.
Statement from social worker,psychologist,or other professional familiar with
the abuser that he/she has received counseling/treatment and is unlikely to
continue the abuse.
Statement from local law enforcement agency that no complaints have been filed
since the date of the preference approvaL
Families who claim they have been or are about to be displaced to avoid reprisals for providing
information to assist police in a criminal investigation.
Certification of threat assessment by a law enforcement agency
Families who claim to be displaced by hate crimes.
Written statement from law enforcement agency,HUD,Fair Housing or other agency
responsible for non-discrimination advocacy. Statement should contain approximate
number of occurrences and date of last occurrence.
Displacement by inaccessibility of unit.
Displacement by HUD disposition of a project: Written verification from HUD.
Determination of Standard Replacement Housing: Inspection by a PHA inspector.
Living in Substandard Housing:
Families who claim to be living in a substandard housing unit:
PHA inspection
"Homeless" Families:
Written certification by a public or private facility providing shelter, the police, or a social
services agency.
The PHA designates agencies for this purpose:
Greeley Transisitional House, Guadalupe Center, Catholic Community Services, A
Woman's PlaceWeld, County Family Support Program.
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Residency Preference: For families who live, work or have been hired to work in the
jurisdiction of the PHA.Families who are unable to work due to age or disability automatically
qualify for this preference.
In order to verify that an applicant is a resident,the PHA will require a minimum of
[specify number]of the following documents: rent receipts,leases,utility bills,employer
or agency records, school records, driven licenses,voters registration records,credit
reports, statement from household with whom the family is residing.
Disability Preference: This preference is available for families with a member who has a
disability as defined in this Admin Plan.
The PHA will require appropriate documentation from a knowledgeable professional.
The PHA will not inquire as to the nature of the disability except as to verify necessity
for accessible unit.
Award letter or other proof of eligibility for Social Security Disability or Supplemental
Security Income will be acceptable.
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Chapter 8
VOUCHER ISSUANCE AND BRIEFINGS
[24 CFR 982.301, 982.302]
INTRODUCTION
The PHA'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 PHA will
conduct a mandatory briefing to ensure that families know how the program works.The briefing will
provide a broad description of owner and family responsibilities,PHA procedures,and how to lease a
unit. The family will also receive a briefing packet which 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 handled.
A. ISSUANCE OF VOUCHERS [24 CFR 982.204(d), 982.54(d)(2)]
When funding is available, the PHA will issue vouchers to applicants whose eligibility has been
determined. The number of vouchers issued must ensure that the PHA stays as close as possible to
100 percent lease-up. The PHA performs a monthly calculation manually to determine whether
applications can be processed, the number of vouchers that can be issued, and to what extent the
PHA can over-issue(issue more vouchers than the budget allows to achieve lease up).
The PHA may over-issue vouchers only to the extent necessary to meet leasing goals. All vouchers
which are over-issued must be honored. If the PHA 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.
B. BRIEFING TYPES AND REQUIRED ATTENDANCE [24 CFR 982.301]
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 the Occupancy Specialist.
Briefings will be conducted in English.
The purpose of the briefing is to explain how the program works 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.
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The PHA 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 one scheduled
briefing, without prior notification and approval of the PHA, may be denied admission based on
failure to supply information needed for certification. The PHA will conduct individual briefings for
families with disabilities at their home, upon request by the family, if required for reasonable
accommodation.
Briefinr 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 PHA also includes other information and/or materials which are
not required by HUD.
The family is provided with the following information and materials
The term of the voucher, and the PHA policy for requesting extensions or suspensions of the
voucher(referred to as tolling).
A description of the method used to calculate the housing assistance payment for a family,
including how the PHA determines the payment standard for a family; how the PHA
determines total tenant payment for a family and information on the payment standard and
utility allowance schedule. How the PHA determines the maximum allowable rent for an
assisted unit induding the rent reasonableness standard.
Where the family may lease a unit. For family that qualifies to lease a unit outside the PHA
jurisdiction under portability procedures,the information must include an explanation ofhow
portability works.
The HUD required tenancy addendum, which must be included in the lease.
The form the family must use to request approval of tenancy, and a description of the
procedure for requesting approval for a tenancy.
A statement of the PHA policy on providing information about families to prospective
owners.
The PHA Subsidy Standards including when and how exceptions are made.
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 HQS.
The HUD pamphlet on lead-based paint entitled Protect Your Family From Lead in Your
Home.
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Information on Federal, State and local equal opportunity laws and a copy of the housing
discrimination complaint form. The PHA will also include the pamphlet "Fair Housing:
It's Your Right" and other information about fair housing laws and guidelines.
A list of landlords or other parties willing to lease to assisted families or help in the search.
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.
If the family includes a person with disabilities, notice that the PHA will provide a list of
available accessible units known to the PHA.
The family obligations under the program.
The grounds on which the PHA may terminate assistance for a participant family because of
family action or failure to act.
PHA informal hearing procedures including when the PHA is required to offer a participant
family the opportunity for an informal hearing, and how to request the hearing.
A list of properties or property management organizations that own or operate housing units
outside areas of poverty or minority concentration(required for PHAs in MSAs).
Procedures for notifying the PHA and/or HUD of program abuses such as side
payments, extra charges,violations of tenant rights,and owner failure to repair.
The family's rights as a tenant and a program participant.
Requirements for reporting changes between annual recertification.
Exercising choice in residency
Choosing a unit carefully and only after due consideration.
If the family includes a person with disabilities, the PHA will ensure compliance with CFR 8.6 to
ensure effective communication.
Owner Briefing
Briefings are held for owners as needed,but not less than once a quarter.All new owners receive a
personal invitation and current owners are notified by mail. Prospective owners are also
welcome. The purpose of the briefing is to assure successful owner participation in the
program. The briefing covers the responsibilities and roles of the three parties.
r
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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 PHA will
provide assistance to families who wish to do so.
The assistance provided to such families includes:
Direct contact with landlords.
Counseling with the family.
Meeting with neighborhood groups to promote understanding.
Formal or informal discussions with landlord groups
Meeting with rental referral companies or agencies
D. ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION
The PHA will give participants a copy of HUD Form 903 to file a complaint.
E. SECURITY DEPOSIT REOLIREMENTS [24 CFR 982.313]
Leases Effective Prior to October 2, 1995
The amount of Security Deposit which could have been collected by owners under contracts effective
prior to October 2, 1995 is:
Under the premerger Certificate Program,the owner could have collected a Security Deposit
in an amount not to exceed Total Tenant Payment or$50.00,whichever is greater, for non-
lease-in-place families.
For the premerger voucher program,the owner, at his/her discretion, could have collected a
Security Deposit in an amount not to exceed (PHA policy):
The greater of 30% of adjusted monthly income or$50 for non-lease-in-place
families.
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Leases Effective on or after October 2, 1995
The owner is not required to but may collect a(one) 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.
F. TERM OF VOUCHER[24 CFR 982.303, 982.54(dx11)]
During the briefing session, each household will be issued a voucher which represents a contractual
agreement between the PHA 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 at least sixty calendar days from the date of issuance. The family
must submit a Request for Approval of the Tenancy and I.Pace within the sixty-day period unless an
extension has been granted by the PHA.
If the voucher has expired, and has not been extended by the PHA or expires after an extension,the
family will be denied assistance. The family will not be entitled to a review or hearing. If the family is
currently assisted,they may remain as a participant in their unit if there is an assisted lease/contract in
effect.
Suspensions
When a Request for Approval of Tenancy is received, the PHA will deduct the number of days
required to process the request from the 60 day term of the voucher.
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Extensions
^
A family may request a written request for an extension of the voucher time period. All
requests for extensions must be received prior to the expiration date of the voucher.
Extensions are permissible at the discretion of the PHA up to a maximum of an additional 60
days primarily for these reasons:
Extenuating circumstances such as hospitalization or a family emergency for an
extended period of time which has affected the family's ability to find a unit within the
initial sixty-day period. Verification is required.
The PHA is satisfied that the family has made a reasonable effort to locate a unit,
including seeking the assistance of the PHA,throughout the initial sixty-day period.A
completed search record is not required.
The PHA extends in one or more increments. Unless approved by the Assistant Director no
more than 2 extensions of 30 days or less will be granted and never for a total of more than an
additional sixty days.
Assistance to Voucher Holders
Families who require additional assistance during their search may call the PHA Office to request
assistance. Voucher holders will be notified at their briefing session that the PHA periodically updates
the listing of available units and how the updated list may be obtained.
The PHA will assist families with negotiations with owners and provide other assistance related to the
families' search for housing.
After the first 30 days of the search, the family is required to maintain a search record and
report to the PHA every 30 days.
G. VOUCHLR 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 Assistant Director shall consider the following factors to
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).
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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 PHA will terminate assistance on the basis of failure to provide •
information necessary for a recertification.
H. REMAINING MEMBER OF TENANT FAMILY-RETENTION OF VOUCHER[24
CFR 982.315]
To be considered the remaining member of the tenant family,the person must have been previously
approved by the PHA 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.
In order for a minor child to continue to receive assistance as a remaining family member.
The PHA has to have verified that social services 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.
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Reserved
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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 PHA's program operations are designed to utili7.e 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 PHA'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
PHA, or outside of the PHA's jurisdiction if they qualify for portability. The family must find an
eligible unit under the program rules, with an owner/landlord who is willing to enter into a Housing
Assistance Payments Contract with the PHA. This chapter defines the types of eligible housing, the
PHA's policies which pertain to initial inspections, lease requirements, owner disapproval, and the
processing of Requests For Approval of Tenancy(RFAT).
A. REOUEST FOR APPROVAL OF TENANCY [24 CFR 982.302, 982.305(b)]
The Request for Approval of Tenancy(RFAT)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 Approval of Tenancy in the form and manner required by the
PHA.
The Request for Approval of Tenancy must be signed by both the owner and voucher holder.
The PHA will not permit the family to submit more than one RFAT at a time.
The PHA will review the proposed lease and the Request for Approval of Tenancy documents to
determine whether or not they are approvable. The request will be approved if
The unit is an eligible type of housing
The unit meets HUD's Housing Quality Standards(and any additional criteria as identified in
this Administrative Plan)
The rent is reasonable
The security deposit is approvable in accordance with any limitations in this plan.
The proposed lease complies with HUD and PHA requirements(See"Lease Review"section
below).
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The owner is approvable, and there are no conflicts of interest (See "Owner Disapproval" section
below). In addition to the above, at the time a family initially receives assistance in a unit (new
admissions and moves), if the gross rent for the unit exceeds the applicable payment standard for the
family,the family share of rent may not exceed 40 percent of the family monthly adjusted income(See
"Owner Rents, Rent Reasonableness and Payment Standards" chapter of this Administrative Plan).
Disapproval of RFAT
If the PHA determines that the request cannot be approved for any reason,the landlord and the family
will be notified in writing. The PHA will instruct the owner and family of the steps that are necessary
to approve the request.
The owner will be given 10 calendar days to submit an approvable RFAT from the date of
disapproval.
When, for any reason, an RFAT is not approved, the PHA will furnish another RFAT form to the
family along with the notice of disapproval so that the family can continue to search for eligible
housing.
B. ELIGIBLE TYPES OF HOUSING[24 CFR 982.353]
The PHA will approve any of the following types of housing in the voucher program:
All structure types can be utilized.
Manufactured homes where the tenant leases the mobile home and the pad.
Manufactured homes where the tenant owns the mobile home and leases the pad for
vouchers
Group homes
A family can own a rental unit but cannot reside in it while being assisted,except in the case when the
tenant owns the mobile home and leases the pad. A family may lease in and have an interest in a
cooperative housing development.
The PHA may not permit a voucher holder to lease a unit which is receiving project-based Section 8
assistance or any duplicative rental subsidies.
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C. LEASE REVIEW [24 CFR 982.308]
The PHA will review the lease, particularly noting the approvability of optional charges and
compliance with regulations and state and local law.The tenant also must have legal capacity to enter
a lease under state and local law. Responsibility for utilities, appliances and optional services must
correspond to those provided on the on the Request For Approval of Tenancy.
The family and owner must submit a standard form of lease used in the locality by the owner and that
is generally used for other unassisted tenants in the premises. The terms and conditions of the lease
must be consistent with state and local law.
The lease must specify:
The names of the owner and tenant, and
The address of the unit rented(including apartment number, if any), and
The amount of the monthly rent to owner, and
The utilities and appliances to be supplied by the owner, and
The utilities and appliances to be supplied by the family.
The HUD prescribed tenancy addendum must be included in the lease word-for-word before the lease
is executed.
Effective September 15, 2000, the owner's lease must include the Lead Warning Statement and
disclosure information required by 24 CFR 35.92(b).
House Rules of the owner may be attached to the lease as an addendum, provided they are
approved by the PHA to ensure they do not violate any fair housing provisions and do not
conflict with the tenancy addendum.
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:
The PHA has inspected the unit and has determined that the unit satisfies the HQS;
The PHA has determined that the rent charged by the owner is reasonable;
The landlord and the tenant have executed the lease, including the HUD-prescribed tenancy
addendum;
The PHA has approved leasing of the unit in accordance with program requirements;
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When the gross rent exceeds the applicable payment standard for the family, the PHA must
determine that the family share(total family contribution)will not be more than 40% of the
family's monthly adjusted income.
D. 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.
The family is not liable under the lease for unpaid charges for items covered by separate agreements
and nonpayment of these agreements cannot be cause for eviction.
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 PHA.
Any appliances, services or other items which are routinely provided to unassisted families as part of
the lease (such as air conditioning, dishwasher or garage) or are permanently installed in the unit,
cannot be put under separate agreement and must be included in the lease. For there to be a separate
agreement, the family must have the option of not utilizing the service, appliance or other item.
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 PHA. If
agreements are entered into at a later date, they must be approved by the PHA and attached to the
lease.
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The PHA will not approve separate agreements for modifications to the unit for persons with
disabilities. The modifications are usually within the dwelling and are critical to the use of the
dwelling.
E. INITIAL INSPECTIONS [24 CFR 982.305(a)&(b)]
See "Housing Quality Standards and Inspections" chapter of this Administrative Plan.
F. RENT LIMITATIONS [24 CFR 982.507] •
The PHA 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 unassisted unit in the building or premises.
By accepting each monthly housing assistance payment from the PHA, the owner certifies that the
rent to owner is not more than rent charged by the owner for comparable unassisted units in the
premises. The owner is required to provide the PHA with information requested on rents charged by
the owner on the premises or elsewhere.
At all times during the tenancy,the rent to owner may not be more than the most current reasonable
rent as determined by the PHA
G. DISAPPROVAL OF PROPOSED RENT [24 CFR 982.502]
In any of the programs,if the proposed gross rent is not reasonable, at the family's request, the PHA
will negotiate with the owner to reduce the rent to a reasonable rent. If,in the voucher program,the
rent is not affordable because the family share would be more than 40% of the family's monthly
adjusted income,the PHA will negotiate with the owner to reduce the rent to an affordable rent for
the family.
At the family's request, the PHA will negotiate with the owner to reduce the rent or include
some or all of the utilities in the rent to owner.
If the rent can be approved after negotiations with the owner,the PHA will continue processing the
Request for Approval of Tenancy and lease. If the revised rent involves a change in the provision of
utilities, a new Request for Approval of Tenancy must be submitted by the owner.
If the owner does not agree on the rent to owner after the PHA has tried and failed to negotiate a
revised rent, the PHA will inform the family and owner that the lease is disapproved.
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H. INFORMATION TO OWNERS [24 CFR 982.307(b), 982.54(dx7)]
In accordance with HUD requirements, the PHA will furnish prospective owners with the family's
current address as shown in the PHA's records and, if known to the PHA, the name and address of
the landlord at the family's current and prior address.
The PHA will make an exception to this requirement if the family's whereabouts must be
protected due to domestic abuse or witness protection.
The PHA 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,
payment of utility bills, eviction history, respecting the rights of other residents, damage to units,
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.
A statement of the PHA's policy on release of information to prospective landlords will be included in
the briefing packet which is provided to the family.
The PHA will provide documented information regarding tenancy history for the past 10
years to prospective landlords upon written request from the landlord.
The PHA will provide the following information, based on documentation in its possession:
Eviction history
Damage to rental units
Drug trafficking by family members
The information will be provided for the last 10 years.
The information will be provided in writing.
Only the Executive Director, Assistant Director, or Section 8 Administrator may provide this
information. The PHA's policy on providing information to owners is included in the briefing packet
and will apply uniformly to all families and owners.
I. OWNER DISAPPROVAL 124 CFR 982.3061
See chapter on "Owner Disapproval and Restriction."
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J. CHANGE IN TOTAL TENANT PAYMENT (TIP) PRIOR TO HAP EFFECTIVE
DATE
When the family reports changes in factors that will affect the total family share prior to the effective
date of the HAP contract at admission,the information will be verified and the total family share will
be recalculated. If the family does not report any change,the PHA need not obtain new verifications
before signing the HAP contract, even if verifications are more than 60 days old.
K. CONTRACT EXECUTION PROCESS [24 CFR 982.305(c)]
The PHA prepares the Housing Assistance Contract and lease for execution. The family and the
owner will execute the lease agreement, and the owner and the PHA will execute the HAP contract.
Copies of the documents will be furnished to the parties who signed the respective documents. The
PHA will retain a copy of all signed documents.
The PHA makes every effort to execute the HAP contract before the commencement of the lease
term. The HAP contract may not be executed more than 60 days after commencement of the lease
term and no payments will be made until the contract is executed.
The following PHA representative(s)is/are authorized to execute a contract on behalf of the PHA:
r
Executive Director,Assistant Director,or Section 8 Administrator.
Owners must provide the current address of their residence(not 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.
Owners must provide an employer identification number or social security number.
The owner must provide a home telephone number and business number if applicable.
Unless their lease was effective prior to June 17, 1998, a family may not lease properties owned by a
parent, child, grandparent, grandchild, sister or brother of any family member. The PHA will waive
this restriction as a reasonable accommodation for a family member who is a person with a disability.
L. CHANGE IN OWNERSHIP
See "Owner Disapproval and Restriction" chapter.
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Reserved
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Chapter 10
HOUSING QUALITY STANDARDS AND INSPECTIONS
[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 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 before the beginning date of the assisted lease and HAP contract.
The PHA will inspect each unit under contract at least annually.The PHA will also have an inspection
supervisor perform quality control inspections on the number of files required for file sampling by
SEMAP annually to maintain the PHA's required standards and to assure consistency in the PHA's
program. This chapter describes the PHA's procedures for performing HQS and other types of
inspections,and PHA 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 families
and owners. The use of the term"HQS"in this Administrative Plan refers to the combination of both
HUD and PHA requirements. (See additions to HQS).
/^
A. GUIDELINES/TYPES OF INSPECTIONS [24 CFR 982.401(a), 982.405]
All units must meet the minimum standards set forth in the City of Greeley Building/Housing
Code.In cases of inconsistency between the Code and these HQS,the stricter of the two shall
prevail.
Efforts will be made at all times to encourage owners to provide housing above HQS minimum
standards.The PHA 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 RFAT) to have the utilities turned on. The owner and tenant will
both certify that the utilities are on.
There are five types of inspections the PHA will perform:
1. Initial/Move-in: Conducted upon receipt of Request for Approval of Tenancy.
2. Annual: Must be conducted within twelve months of the last annual inspection.
3. Move-OutNacate(for pre 10/2/95 contracts where there could be damage claims)
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4. Special/Complaint: At request of owner, family or an agency or third-party. --
5. Quality Control
B. INITIAL HOS INSPECTION [24 CFR 982.401(a), 982.305(6)(2)]
The Initial Inspection will be conducted to:
Determine if the unit and property meet the HQS defined in this Plan.
Document the current condition of the unit as to assist in future evaluations whether the
condition of the unit exceeds normal wear and tear.
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 PHA once repairs are completed.
On an initial inspection, the owner will be given up to 30 days to correct the items noted as Fail, at
the inspector's discretion, depending on the amount and complexity of work to be done.
The owner will be allowed up to 3 reinspections for repair work to be completed.
If the time period given by the inspector to correct the repairs has elapsed, or the maximum number
of failed reinspections has occurred, the family must select another unit.
C. ANNUAL HOS INSPECTIONS [24 CFR 982.405(a)]
The PHA conducts an inspection in accordance with Housing Quality Standards at least annually, 15
days prior to the last annual inspection, so that the inspections are conducted at least annually, 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 fail for
which the tenant is responsible.
The family must allow the PHA to inspect the unit at reasonable times with reasonable notice.
[24 CFR 982.551(d)]
Inspections will be conducted on business days only.
Reasonable hours to conduct an inspection are between 8:15 a.m. and 4:45 p.m.
The PHA will notify the family in writing or by phone at least 2 days prior to the inspection.
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Inspection: The family is notified of the date and time of the inspection appointment by mail. If the
family is unable to be present, they must reschedule the appointment so that the inspection is
completed within 10 days.
If the family does not contact the PHA to reschedule the inspection, or if the family misses 2
inspection appointments, the PHA will consider the family to have violated a Family
Obligation and their assistance will be terminated in accordance with the termination
procedures in the Plan.
The family is also notified that it is a Family Obligation to allow the PHA to inspect the unit.If
the family was responsible for a breach of HQS identified in the "Denial or Termination of
Assistance" chapter of this Administrative Plan,they will be advised of their responsibility to
correct.
Time Standards for Repairs
Emergency items which endanger the family's health or safety must be corrected by the owner
within 24 hours of notification. (See Emergency Repair Items section.)
For non-emergency items, repairs must be made within 30 days.
For major repairs, the Section 8 Administrator may approve an extension beyond 30 days.
Rent Increases
Rent to owner increases may not be approved if the unit is in a failed condition.
D. MOVE OUT/VACATE
A move out inspection will be performed only at the landlord's request if claim is to be
submitted for contracts effective before 10/2/95.
E. SPECIAL/COMPLAINT INSPECTIONS [24 CFR 982.405(c)]
If at any time the family or owner notifies the PHA that the unit does not meet Housing Quality
Standards, the PHA will conduct an inspection.
The PHA may also conduct a special inspection based on information from third parties such
as neighbors or public officials.
The PHA 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 make the
necessary repairs.
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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.
F. OUALITY CONTROL INSPECTIONS [24 CFR 982.405(6)]
Quality Control inspections will be performed by the Assistant Director or Section 8 Administrator
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.
G. ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HOS [24 CFR 982.401 (a)]
The PHA adheres to the acceptability criteria in the program regulations with the additions
described below.
Additions
Walls:
•
In areas where plaster or drywall is sagging,severely cracked or otherwise damaged,it
must be repaired or replaced.
Any exterior or interior surfaces with peeling or chipping paint must be scraped and
painted with two coats of unleaded paint or other suitable material.
Windows:
All window sashes must be in good condition, solid and intact, and fit properly in the
window frame. Damaged or deteriorated sashes must be replaced.
Doors:
All exterior doors must be weather-tight to avoid any air or water infiltration, be
lockable, have no holes, have all trim intact, and have a threshold.
Floors: •
All floors must be in a finished state(no plywood).
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Sinks:
All sinks and commode water lines must have shut off valves, unless faucets ate wall
mounted.
All worn or cracked toilet seats and tank lids must be replaced and toilet tank lid must
fit properly.
Security:
If window security bars or security screens are present on emergency exit window,they
must be equipped with a quick release system. The owner is responsible for ensuring
that the family is instructed on the use of the quick release system.
Owners are responsible for providing and replacing old batteries for battery powered
units. Tenants will be instructed not to tamper with smoke detectors or remove
batteries.
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. PHA will allow execution of the HAP
contract if unit meets all requirements and the modifications do not affect the livability of the
unit.
H. EMERGENCY REPAIR ITEMS [24 CFR 982.404(a)]
The following items are considered of an emergency nature and must be corrected by the owner or
tenant(whoever is responsible)within 24 hours of notice by the inspector:
Lack of security for the unit
Waterlogged ceiling in imminent danger of falling
Major plumbing leaks or flooding
Natural gas leak or fumes
Electrical problem which could result in shock or fire
No heat when outside temperature is below 40 degrees Fahrenheit and temperature
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inside unit is below 50 degrees Fahrenheit.
No running hot water
Broken glass where someone could be injured
Obstacle which prevents tenant's entrance or exit
Lack of functioning toilet
The PHA may give a short extension (not more than 48 additional hours) whenever the
responsible party cannot be notified or it is impossible to effect the repair within the 24-hour.
period.
In those cases where there is leaking gas or potential of fire or other threat to public safety,and
the responsible party cannot be notified or it is impossible to make the repair, proper
authorities will be notified by the PHA.
If the emergency repair item(s) are not corrected in the time period required by the PHA, and the
owner is responsible, the housing assistance payment will be abated and the HAP contract will be
terminated.
If the emergency repair item(s)are not corrected in the time period required by the PHA,and it is an
HQS breach which is a family obligation, the PHA will terminate the assistance to the family.Smoke Detectors
The PHA will issue a written warning to any family determined to have purposely
disconnected the unit's smoke detector.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.
I. CONSEOUENCES IF OWNER IS RESPONSIBLE (NON-EMERGENCY ITEMS) p
CFR 982.405, 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
PHA, the assistance payment to the owner will be abated.
Abatement
A Notice of Abatement will be sent to the owner, and the abatement will be effective from the day
after the date of the failed inspection. The notice is generally for 30 days, depending on the nature of
the repair(s)needed.
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The PHA will inspect abated units within 3 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 day the unit
passes inspection.
The family will be notified of the reinspection date and requested to inform the owner.
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 HQS. The notice of abatement states that the tenant is not responsible
for the PHA's portion of rent that is abated.
The PHA will grant an extension in lieu of abatement in the following cases:
The owner has a good history of HQS compliance.
The failed items are minor in nature.
There is an unavoidable delay in completing repairs due to difficulties in obtaining
parts or contracting for services.
The owner makes a good faith effort to make the repairs.
The repairs are expensive(such as exterior painting or roof repair)and the owner needs
time to obtain the funds.
The repairs must be delayed due to climate conditions.
The extension will be made for a period of time not to exceed 60 days.At the end of that time,
or at the PHA's discretion, if the work is not completed or substantially completed,the PHA will
begin the abatement/termination of assistance.
Termination of Contract
If the owner is responsible for repairs, and fails to correct all the deficiencies cited prior to the end of
the abatement period,the owner will be sent a HAP Contract Proposed Termination Notice.Prior to
the effective date of the termination, the abatement will remain in effect.
If repairs are completed before the effective termination date, the termination may be rescinded by
the PHA if the tenant chooses to remain in the unit. No more than 2 Housing Quality Standards
inspections will be conducted after the termination notice is issued.
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J. DETERMINATION OF RESPONSIBILITY [24 CFR 982.404, 982.54(d)(14)]
Certain HQS deficiencies are considered the responsibility of the family:
Tenant-paid utilities not in service
Failure to provide or maintain family-supplied appliances
Damage to the unit or premises caused by a household member or guest beyond normal wear
and tear
"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.
The owner is responsible for vermin infestation even if caused by the family's living habits.However,
if such infestation is serious and repeated, it may be considered a lease violation and the owner may
evict for serious or repeated violation of the lease. The PHA may terminate the family's assistance on
that basis.
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.
K CONSEQUENCES IF FAMILY IS RESPONSIBLE [24 CFR 982.404(b)]
If emergency or non-emergency violations of HQS are determined to be the responsibility of the
family, the PHA will require the family make any repair(s) or corrections within 30 days. If the
repair(s) or correction(s) are not made in this time period, the PHA will terminate assistance to the
family, after providing an opportunity for an informal hearing. Extensions in these cases must be
approved by Executive Director,Assistant Director or Section 8 Administrator.The owner's rent
will not be abated for items which are the family's responsibility.
If the tenant is responsible and corrections are not made, the HAP contract will terminate when
assistance is terminated.
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Chapter 11
OWNER RENTS, RENT REASONABLENESS,AND PAYMENT STANDARDS
[24 CFR 982.502, 982.503, 982.504, 982.505, 982.507]]
INTRODUCTION
The policies in this chapter reflect the amendments to the HUD regulations,which were implemented
by the Quality Housing and Work Responsibility Act 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 Housing Choice Voucher Program.
In accordance with the regulations, effective 10/1/99,for those Section 8 participant families where
there is a HAP contract in effect entered into prior to October 1, 1999, the PHA will:
Continue to uphold the rent calculation methods of the premerger certificate (regular)
tenancies until the 21'd regular reexamination of family income and composition following the
"merger date."
Utilize the Housing Choice Voucher rent calculation methods described at 24 CFR 982.502
and 982.505 for pre-merger voucher[and OFTO] tenancies.
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 Housing Choice Voucher Program.
The PHA will determine rent reasonableness in accordance with 24 CFR 982.507(a). It is the PHA's
responsibility to ensure that the rents charged by owners are reasonable based upon unassisted
comparables in the rental market, using the criteria specified in 24 CFR 982.507(b).
This chapter explains the PHA's procedures for determination of rent-reasonableness, payments to
owners, adjustments to the payment standards, and rent adjustments.
A. RENT TO OWNER IN 1'HE HOUSING CHOICE VOUCHER PROGRAM
The rent to owner is limited only by rent reasonableness. The PHA 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, if the gross rent for the unit exceeds
the applicable payment standard for the family, the family share may not exceed 40 percent of the
family's monthly adjusted income.
During the initial term of the lease, the owner may not raise the rent to owner.
r.
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B. MAIONG PAYMENTS TO OWNERS [24 CFR 982.451]
Once the HAP contract is executed, the PHA begins processing payments to the landlord. A HAP
Register will be used as a basis for monitoring the accuracy and timeliness of payments. Changes are
made manually to the HAP Register for the following month. Checks are disbursed by Section 8
Administrator to the owner each month. Checks may be picked up by owner at the PHA
Checks that are not received will not be replaced until a written request has been received
from the payee and a stop payment has been put on the check.
Excess Payments
The total of rent paid by the tenant plus the PHA housing assistance payment to the owner may not
be more than the rent to owner. The owner must immediately return any excess payment to the PHA.
Owners who do not return excess payments will be subject to penalties as outlined in the "Owner or
Family Debts to the PHA" chapter of this Administrative Plan.
Late Payments to Owners
It is a local business practice in [PHA's jurisdiction] for property managers and owners to
charge tenants a reasonable late fee for rents not received by.the owner or property manager
by the due date, not withstanding any grace period which is typically 5 days past the first of
the month.
Therefore,in keeping with generally accepted practices in the local housing market,the PHA
must make housing assistance payments to the owner promptly and in accordance with the
HAP contract.
Proof of"Mailed to" date will be the:
date the HAP Register was run and absence of check held in file for compliance.
Proof of"Received by Owner" will be:
5 calendar days after date of mailing by PHA
The PHA will not be obligated to pay any late payment penalty if HUD determines that late payment
is due to factors beyond the PHA's control, such as a delay in the receipt of program funds from
HUD. The PHA will use administrative fee income or the administrative fee reserve as its only source
for late payment penalty.
The PHA will not use any program funds for the payment of late fee penalties to the owner.
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C. RENT REASONABLENESS DETERMINATIONS [24 CFR 982.507]
The PHA will determine and document on a case-by-case basis that the approved rent is reasonable in
comparison to rent for other comparable unassisted units in the market. This applies to all programs.
The PHA will not approve a lease until the PHA determines that the initial rent to owner is a
reasonable rent. The PHA must redetermine 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
contract anniversary(for the unit size rented by the family)as compared with the FMR in effect one
year before the contract anniversary.
The PHA must redetermine rent reasonableness if directed by HUD and based on a need identified by
the PHA's auditing system. The PHA may elect to redetermine 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 redetermined by the PHA
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 PHA information on rents charged by the owner for other units
in the premises or elsewhere. The PHA will only request information on the owner's units
elsewhere if the PHA has cause to demonstrate that the owner has a tendency to charge higher
rents to program participants or if needed for rent reasonableness comparables.
The data for other unassisted units will be gathered from newspapers, Realtors, professional
associations, inquiries of owners, market surveys,and other available sources.
The market areas for rent reasonableness are neighborhoods within the PHA's jurisdiction. Subject
units within a defined housing market area will be compared to similar units within the same area.
The following items will be used for rent reasonableness documentation:
Size(number of Bedrooms/square footage)
Location
Quality
Amenities(bathrooms, dishwasher, air conditioning, etc.)
Housing Services
Age of unit
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Unit Type
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Maintenance
Utilities
Rent Reasonableness Methodolon
The PHA maintains notebook which includes data on unassisted units for use by staff in making rent
reasonableness determinations. The data is updated on an ongoing basis and purged when it is more
than 12 months old
D. PAYMENT STANDARDS FOR 111E VOUCHER PROGRAM [24 CFR 982.503]
The Payment Standard is used to calculate the housing assistance payment for a family.In accordance
with HUD regulation, and at the PHA's discretion,the Voucher Payment Standard amount is set by
the PHA between 90 percent and 110 percent of the HUD published FMR. This is considered the
basic range. The PHA reviews the appropriateness of the Payment Standard annually when the FMR
is published. In determining whether a change is needed, the PHA will ensure that the Payment
Standard is always within the range of 90 percent to 110 percent of the new FMR, unless an
exception payment standard has been approved by HUD.
The PHA will establish a single voucher payment standard amount for each FMR area in the PHA
jurisdiction. For each FMR area, the PHA will establish payment standard amounts for each "unit
size". The PHA may have a higher payment standard within the PHA's jurisdiction if needed to
expand housing opportunities outside areas of minority or poverty concentration, as long as the
payment standard is within the 90-110%of FMR range.
The PHA may approve a higher payment standard within the basic range, if required as a reasonable
accommodation for a family that includes a person with disabilities.
E. ADJUSTMENTS TO PAYMENT STANDARDS [24 CFR 982.503]
Payment Standards may be adjusted, within HUD regulatory limitations, to increase Housing
Assistance Payments in order to keep families' rents affordable. The PHA will not raise Payment
Standards solely to make"high end" units available to Voucher holders. The PHA may use some or
all of the measures below in making its determination whether an adjustment should be made to the
Payment Standards.
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Assisted Families' Rent Burdens
The PHA will review its voucher payment standard amounts at least annually to determine
whether more than 40 percent of families in a particular unit size are paying more than 30%of
their annual adjusted income for rent.
The PHA 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 PHA's
jurisdiction are paying.
Ouality of Units Selected
The PHA 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.
PHA Decision Point
The PHA will review the average percent of income of families on the program.If more than 25%of
families are paying more than 30% of monthly adjusted income, the PHA will determine whether
there is a difference by voucher size,whether families are renting units larger than their voucher size,
and whether families are renting units which exceed HUD's HQS and any additional standards added
by the PHA in the Administrative Plan.
If families are paying more than 30%of their income for rent due to the selection of larger bedroom
size units or luxury units,the PHA may decline to increase the payment standard.If these are not the
primary factors for families paying higher rents, the PHA will continue increasing the payment
standard.
Rent to Owner Increases
The PHA may review a sample of the units to determine how often owners are increasing rents and
the average percent of increase by bedroom size.
Time to Locate Housing
The PHA may consider the average time period for families to lease up under the Voucher program.
If more than 55% of Voucher holders are unable to locate suitable housing within the term of the
voucher and the PHA determines that this is due to 50% of rents in the jurisdiction being
unaffordable for families even with the presence of a voucher the Payment Standard may be adjusted.
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 90 percent of the FMR without authorization from HUD.
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Financial Feasibility
Before increasing the Payment Standard, the PHA 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 PHA 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 PHA 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 PHA must use the appropriate payment
standard amount established by the PHA for the exception area in accordance with regulation at 24
CFR 982.503(c).
G. OWNER PAYMENT IN IRE PREMERGER REGULAR CERTIFICATE
PROGRAM [24 CFR 982.502(d), 982.519, 982.520]
The HUD regulations relating to owner rent adjustments applicable to the regular tenancy(certificate)
program will be used until the HAP contract is no longer effective which will be no later than the
second regular reexamination of the family after the merger date.
The PHA will not notify owners of their right to request a rent adjustment.
Owners must request the rent increase in writing. Any increase will be effective the later of(1)the
anniversary date of the contract, or(2) at least 60 days after the owner's request is received.
The approval or disapproval decision regarding the adjustment will be based on HUD-required
calculations and a rent reasonableness determination. The adjustment may be an increase or a
decrease.
The notice of rent change does not affect the automatic renewal of the lease and does not require a
new lease or contract or even an executed amendment.
For terminations of Premerger Regular Certificate HAPs, see "Contract Terminations" chapter.
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To receive an increase resulting from the annual adjustment for an annual anniversary date,the owner
must request the increase at least sixty days before the next annual anniversary date.
The rent to owner for a unit will not be increased at the annual anniversary date unless, during the
year before the anniversary date,the owner has complied with all requirements of the HAP contract,
including compliance with HQS.
•
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Chapter 12
RECERIINiCATIONS
[24 CFR 982.516]
INTRODUCTION
In accordance with HUD requirements, the PHA.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 regulations. It is a HUD requirement that families report all changes in
household composition. This Chapter defines the PHA's policy for conducting annual recertification
and coordinating annual activities. It also explains the interim reporting requirements for families,and
the standards for timely reporting.
A. ANNUAL ACTIVITIES [24 CFR 982.516, 982.405]
There are three activities the PHA must conduct on an annual basis. These activities will be
coordinated whenever possible:
Recertification of income and family composition
•
HQS inspection
Rent to owner adjustment(following HUD requirements [regular tenancy certificate only])
The PHA 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 Section 8 staff.
Reexamination of the family's income and composition must be conducted at least annually.
Annual inspections: See "Housing Quality Standards and Inspections" chapter.
Rent adjustments: See "Owner Rents, Rent Reasonableness and Payment Standards" chapter.
B. ANNUAL RECER MilCATION/REEXAMINATION [24 CFR 982.516]
Families are required to be recertified at least annually.
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Pre-Merner Reexamination Issues
For all pre-merger certificate(regular)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.
All pre-merger voucher tenancies shall be considered and treated as voucher tenancies and will be
subject to the voucher program requirements under 24 CFR 982.502, including housing assistance
payments calculation at 982.505.
If there has been an increase in the payment standard prior to the effective date of the first regular
reexamination of a premerger voucher 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 PHA to adjust the family unit size. Prior to the family's second annual
reexamination on or after 10/1/99,the applicable payment standard for the family will be used in rent
calculation. At the second annual reexamination on or after the merger date, the lesser of payment
standard or gross rent will be used in rent calculation.
Moves Between Reexaminations
When families move to another dwelling unit:
An annual recertification will be scheduled(unless a recertification has occurred in the
last [120/specify number of] days and the anniversary date will be changed.
Income limits are not used as a test for continued eligibility at recertification.
Reexamination Notice to the Family
The PHA will maintain a reexamination tracking system and the household will be notified by mail of
the date and time for their interview at least 90 days in advance of the anniversary date. If requested
as an accommodation by a person with a disability,the PHA will provide the notice in an accessible
format. The PHA 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.
Procedure
The PHA's procedure for conducting annual recertification will be:
Schedule the date and time of appointments and mail a notification to the family.
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Completion of Annual Recertification
The PHA will have all recertification 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 PHA's office will be granted an
accommodation by conducting the interview by mail, upon verification that the accommodation
requested meets the need presented by the disability.
Collection of Information j24 CFR 982.516(£)]
The PHA has established appropriate recertification procedures necessary to ensure that the income
data provided by families is complete and accurate.
The PHA will allow the family to complete the recertification form.
Requirements to Attend
The following family members will be required to attend the recertification interview:
All adult household members
If the head of household is unable to attend the interview:
The appointment will be rescheduled
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 up to 1 days prior to the interview.
If the family does not appear for the recertification interview,and has not rescheduled or made prior
arrangements with the PHA,the PHA will not reschedule a second appointment.
If the family fails to appear for the second appointment, and has not rescheduled or made prior
arrangements, the PHA will:
Send family notice of termination and offer them an informal hearing
Exceptions to these policies may be made by Section 8 Administrator 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.
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Documents Required From the Family -
In the notification letter to the family, the PHA will include instructions for the family to bring the
following:
Documentation of all assets
Documentation of any deductions/allowances
Personal Declaration Form completed by head of household
Verification of Information
The PHA will follow the verification procedures and guidelines described in this Plan. Verifications
for reexaminations must be less than 120 days old.
Tenant Rent Increases
If tenant rent increases,a thirty day notice is mailed to the family prior to the scheduled effective date
of the annual recertification.
If less than thirty days are remaining before the scheduled effective date of the annual recertification,
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 PHA.
C. REPORTING INTERIM CHANGES [24 CFR 982.516]
Program participants must report all changes in household composition to the PHA between annual
reexaminations. This includes additions due to birth, adoption and court-awarded custody.The family
must obtain PHA 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 PHA will conduct a reexamination to determine such additional income and will make
the appropriate adjustments in the housing assistance payment and family unit size.
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The U.S. citizenship/eligible immigrant status of additional family members must be declared and
verified as required at the first interim or regular recertification after moving into the unit.
INCREASES IN INCOME
Interim Reexamination Policy
The PHA will conduct interim reexaminations when families have an increase in income.
Families will be required to report increases in household income of more than $50 per month.
Decreases in Income
Participants may report a decrease in income and other changes which would reduce the amount of
tenant rent, such as an increase in allowances or deductions. The PHA must calculate the change if a
• decrease in income is reported.
PHA Errors
If the PHA makes a calculation error at admission to the program or at an annual reexamination, an
interim reexamination will be conducted, if necessary,to correct the error,but the family will not be
charged retroactively. Families will be given decreaces, when applicable, retroactive to when the
decrease for the change would have been effective if calculated correctly.
r
D. O MLR INTERIM REPORTING ISSUES
An interim reexamination does not affect the date of the annual recertification.
An interim reexamination will be scheduled for families with zero/unstable income every 90 days.
If there is a change from benefit income to employment income,the PHA will defer the family's
rent increase for six months in order to encourage families to move to self-sufficiency.
This incentive will only be provided once to any family member.
In the following circumstances,the PHA may conduct the interim recertification by mail:
As a reasonable accommodation when requested. (See "Statement of Policies and
Objectives" chapter)
Any changes reported by participants other than those listed in this section will be noted in the file
by the staff person but will not be processed between regularly-scheduled annual recertifications.
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E. INCOME CHANGES RESULTING FROM WELFARE PROGRAM --
REQUIREMENTS [24 CFR 5.615]
The PHA will not reduce the family share of rent for families whose welfare assistance is reduced by
the welfare agency specifically because of:
fraud in connection with the welfare program; or
noncompliance with a welfare agency requirement to participate in an economic self-sufficiency
program.
However, the PHA 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, or
A family member has not complied with other welfare agency requirements.
The family's annual income will include the imputed welfare income, as determined at the family's
annual or interim reexamination, during the term of welfare benefits reduction (as specified by the
welfare agency).
If the family claims the amount of imputed welfare income has been calculated incorrectly, the
Section 8 Administrator will review the calculation for accuracy. If the imputed welfare income
amount is correct, the PHA will prove a written notice to the family that includes:
A brief explanation of how the amount of imputed welfare income was determined;
A statement that the family may request an informal hearing if they do not agree with the
PHA determination.
(See "Verification Procedures" chapter.)
Cooperation Aereements [24 CFR 5.613]
The PHA has executed a Cooperation Agreement with the local welfare agency under which the
welfare agency agrees:
To provide written verification to the PHA concerning welfare benefits for applicant
and participant families, and specified reduction in welfare benefits for a family
member, listing: amount of reduction; reason for reduction; term of reduction, and
subsequent redetermination.
The PHA will rely on the welfare agency's written notice regarding the amount of specified
benefit reduction.
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F. NOTIFICATION OF RESULTS OF RECERTIFICATIONS [HUD Notice PM 98-6]
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. Signatures are not required by the
• PHA. If the family disagrees with the rent adjustment, they may request an informal hearing.
G. TIMELY REPORTING OF CHANGES IN INCOME (AND ASSETS) [24 CFR
982.516(c)]
Standard for Timely Reporting of Changes
The PHA requires that families report interim changes to the PHA within 10 days of when the change
occurs. Any information,document or signature needed from the family which is needed to verify the
change must be provided must be provided within 10 days of the change.
An exception will be made for TANF recipients who obtain employment In such cases,families
will have to report within 10 days of receipt of the Notice of Action from TANF that shows the
full adjustment for employment income.
If the change is not reported within the required time period, or if the family fails to provide
documentation or signatures, it will be considered untimely reporting.
Procedures when the Change is Reported in a Timely Manner
The PHA 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.
r.
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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:
Increase in Tenant Rent will be effective retroactive to the date it would have been effective
had it been reported on a timely basis. 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.
Decrease in Tenant Rent will be effective on the first of the month following the month that
the change was reported.
Procedures when the Change is Not Processed by the PHA 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 PHA in a timely manner.
In this case, an increase will be effective after the required thirty days'notice prior to the first of the
month after completion of processing by the PHA.
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.)
L CONTINUANCE OF ASSISTANCE FOR"MIXED" FAMILIES [24 CFR 5.518]
Under the Noncitizens Rule, "mixed" families are families that include at least one citizen or eligible
immigrant and any number of ineligible members.
The Noncitizens Rule was implemented on or after November 29, 1996, and mixed families
may receive prorated assistance only.
J. MISREPRESENTATION OF FAMILY CIRCUMSTANCES
• If any participant deliberately misrepresents the information on which eligibility or tenant rent is
established, the PHA may terminate assistance and may refer the family file/record to the proper
authorities for appropriate disposition. (See Program Integrity Addendum.)
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Reserved
•
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Chapter 13
MOVES WITH CONTINUED ASSISTANCE/PORTABILITY
[24 CFR 982.314, 982.353, 982.355(a)]
INTRODUCTION
HUD regulations permit families to move with continued assistance to another unit within the PHA's
jurisdiction, or to a unit outside of the PHA's jurisdiction under portability procedures. The
regulations also allow the PHA 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
PHA'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
The assisted lease for the old unit has terminated because the PHA has terminated the HAP
contract for owner breach,or the lease was terminated by mutual agreement of the owner and
the family.
The owner has given the family a notice 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).
The family has given proper notice of lease termination (and if the family has a right to
terminate the lease on notice to owner).
B. RESTRICTIONS ON MOVES [24 CFR 982.314, 982.552(a)]
Families will not be permitted to move within the PHA's jurisdiction during the initial year of
assisted occupancy.
Families will be permitted to move outside the PHA's jurisdiction under portability
procedures during the initial year of assisted occupancy as long as they have been a resident
of the county for at least 12 months.
Families will not be permitted to move more than once in a 12-month period.
The PHA will deny permission to move if there is insufficient funding for continued assistance.
The PHA will deny permission to move if
The family has violated a family obligation.
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The family owes the PHA money.
The family has moved or been issued a voucher within the last 12 months.
The Executive Director, Assistant Director or Section 8 Administrator may make exceptions to
these restrictions if there is an emergency reason for the move over which the participant has
no control.
C. PROCEDURE FOR MOVES [24 CFR 982.314]
Issuance of Voucher
Subject to the restrictions on moves,if the family has not been recertified within the last 120 days,the
PHA will issue the voucher to move after conducting the recertification.
If the family does not locate a new unit, they may remain in the current unit so long as the owner
permits.
The annual recertification date will be changed to coincide with the new lease-up date.
Notice Requirements
Briefing sessions emphasize the family's responsibility to give the owner and the PHA proper
written notice of any intent to move.
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 PHA 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 PHA.
Time of Contract Change
A move within the same building or project, or between buildings owned by the same owner,will be
processed like any other move except that there will be no overlapping assistance.
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. Assistance payments may overlap for the month in
which the family moves.
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D. PORTABILITY [24 CFR 982.353]
Portability applies to families moving out of or into the PHA's jurisdiction within the United States
and its territories.
E. OUTGOING PORTABILITY [24 CFR 982.353, 982.355]
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 PHA's jurisdiction, anywhere in the United
States, in the jurisdiction of a PHA with a tenant-based program. When a family requests to move
outside of the PHA's jurisdiction, the request must specify the area to which the family wants to
move.
Restrictions on Portability
Applicants
If neither the head or spouse had a domicile(legal residence)in the PHA'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, unless the PHA approves such move.
For a portable family that was not already receiving assistance in the PHA's based program,the PHA
must determine whether the family is eligible for admission under the receiving PHA's 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 and initial PHA agree to allow the move.
The family's move relates to an opportunity for education,job training or employment
The family's move relates to receiving medical care otherwise not able to receive.
The PHA will not permit families to exercise portability:
If the family is in violation of a family obligation.
If the family owes money to the PHA.
If the family has moved out of its assisted unit in violation of the lease.
Receiving PHA's will be required to submit hearing determinations to the PHA within 30 days.
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E INCOMING PORTABILITY [24 CFR 982.354, 982.355]
Absorption or Administration
The PHA will accept a family with a valid voucher from another jurisdiction and administer or absorb
the voucher. If administering,the family will be issued a"portable"voucher by the PHA The term of
the voucher will not expire before the expiration date of any initial PHA voucher. The family must
submit a request for approval of tenancy for an eligible unit to the receiving PHA during the term of
the receiving PHA voucher. The receiving PHA may grant extensions in accordance with this
Administrative Plan. However, if the family decides not to lease-up in the PHA's jurisdiction, they
must contact the initial PHA to request an extension.
The PHA will absorb incoming vouchers in cases where the initial PHA absorbs an equal
number of the PHA's outgoing vouchers.
The PHA may absorb vouchers if such absorption does not exceed 5% of households assisted.
The PHA will absorb all incoming portable families provided that there is funding available.
When the PHA does not absorb the incoming voucher,it will administer the initial PHA's voucher and
the receiving PHA'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 PHA does not redetermine eligibility for a portable family that was already receiving
assistance in the initial PHA Section 8 tenant-based program.
The PHA will issue a"portability voucher"according to its own Subsidy Standards.Ifthe family has a
change in family composition which would change the voucher size, the PHA will change to the
proper size based on its own Subsidy Standards.
Income and Total Tenant Payment of Incoming Portables [982.353(d)]
As receiving PHA, the PHA will conduct a recertification interview but only verify the
information provided if the documents are missing or are over 120 days old, whichever is
applicable, or there has been a change in the family's circumstances.
If the PHA conducts a recertification of the family it will not cause a delay in the issuance of a
voucher.
If the family's income is such that a$0 subsidy amount is determined prior to lease-up in the PHA's
jurisdiction, the PHA will refuse to enter into a contract on behalf of the family at $0 assistance.
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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 PHA's
policies. If the family does not submit a Request for Tenancy Approval or does not execute a lease,
the initial PHA will be notified within 30 days by the PHA.
If the family leases up successfully,the PHA will notify the initial PHA within 15 days,and the billing
process will commence.
The PHA will notify the initial PHA if the family fails to submit a request for approval of tenancy for
an eligible unit within the term of the voucher.
If the PHA denies assistance to the family,the PHA will notify the initial PHA within 15 days and the
• family will be offered a review or hearing.
The PHA will notify the family of its responsibility to contact the initial PHA if the family wishes to
move outside the PHA's jurisdiction under continued portability.
Regular Pr oEram Functions
The PHA will perform all program functions applicable the tenant-based assistance program,such as:
Annual reexaminations of family income and composition;
Annual inspection of the unit; and
Interim examinations when requested or deemed necessary by the PHA
Terminations
The PHA will notify the initial PHA in writing of any termination of assistance within 10 days of the
termination. If an informal hearing is required and requested by the family, the hearing will be
conducted by the PHA, using the regular hearing procedures included in this Plan. A copy of the
hearing decision will be furnished to the initial PHA.
The initial PHA will be responsible for collecting amounts owed by the family for claims paid and for
monitoring repayment. If the initial PHA notifies the PHA that the family is in arrears or the family
has refused to sign a payment agreement, the PHA will terminate assistance to the family.
Required Documents
As receiving PHA, the PHA will require the documents listed on the HUD Portability Billing Form
from the initial PHA.
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Billing Procedures
As receiving PHA,the PHA will bill the initial PHA monthly for housing assistance payments. The
billing cycle for other amounts, including administrative fees and special claims will be monthly
unless requested otherwise by the initial PHA.
The PHA will bill 100%of the housing assistance payment, 100%of special claims and 80%of the
administrative fee(at the initial PHA's rate)for each"portability"voucher leased as of the first day of
the month.
The PHA will notify the initial PHA of changes in subsidy amounts and will expect the initial PHA to
notify the PHA 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 PHA
which defines the responsibilities of both parties. This chapter describes the circumstances under
which the contract can be terminated by the PHA and the owner,and the policies and procedures for
such terminations.
A. CONTRACT TERMINATION [24 CFR 982.311]
The term of the HAP contract is the same as the term of the lease. The contract between the owner
and the PHA may be terminated by the PHA, or by the owner or tenant terminating the lease.
No future subsidy payments on behalf of the family will be made by the PHA to the owner after the
month in which the contract is terminated.The owner must reimburse the PHA for any subsidies paid
by the PHA 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 PHA for vacancy loss tinder 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 TELL FAMILY: MOVES [24 CFR 982.314(cx2)]
Family termination of the lease must be in accordance with the terms of the lease.
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C. TERMINATION OF TENANCY BY Mt, OWNER: EVICTIONS [24CFR982.310, -
982.455]
If the owner wishes to terminate the lease, the owner must provide proper notice as stated in the
lease.
During the term of the lease,the owner may not terminate the tenancy except for the grounds stated
in the HUD regulations.
During the term of the lease the owner may only evict for:
Serious or repeated violations of the lease, including but not limited to failure to pay rent or
other amounts due under the lease, or repeated violation of the terms and conditions of the
lease;
Violations of Federal, state or local law that imposes obligations on the tenant in connection
with the occupancy or use of the premises; or 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 or any drug-related criminal activity on or
near the premises.
Other good cause.
During the initial term of the lease,the owner may not terminate the tenancy for"other good cause"
unless the owner is terminating the tenancy because of something the family did or failed to do (see
982.310)
The owner must provide the tenant a written notice specifying the grounds for termination oftenancy,
at or before the commencement of the eviction action. The notice may be included in, or may be
combined with, any owner eviction notice to the tenant.
The owner eviction notice means a notice to vacate, or a complaint, or other initial pleading used
under State or local law to commence an eviction action.
The PHA requires that the owner specify the section of the lease that has been violated and cite
some or all of the ways in which the tenant has violated that section as documentation for the
PHA's decision regarding termination of assistance.
Housing assistance payments are paid to the owner under the terms of the HAP contract.If the owner
has begun eviction and the family continues to reside in the unit, the PHA must continue to 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 PHA will continue housing assistance payments until the family moves or is evicted from
the unit.
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If the action is finalized in court, the owner must provide the PHA with the documentation,
including notice of the lock-out date.
The PHA 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 PHA,the owner certifies that the tenant is still in the unit,the
rent is reasonable and s/he is in compliance with the contract.
If an eviction is not due to a serious or repeated violation of the lease, and if the PHA has no other
grounds for termination of assistance,the PHA may issue a new voucher so that the family can move
with continued assistance.
D. TERMINATION OF THE CONTRACT BY PHA [24 CFR 982.404(a), 982.453,
982.454, 982.552(aX3)]
The term of the HAP contract terminates when the lease terminates, when the PHA terminates
program assistance for the family,and when the owner has breached the HAP contract. (See"Owner
Disapproval and Restriction" chapter)
The PHA may also terminate the contract if
The PHA 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(pre-merger 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 Premeraer Certificate HAPS [24 CFR 982.502(d)
The PHA must terminate program assistance under any outstanding HAP contract for a regular
tenancy under the premerger certificate program at the effective date of the second regular
reexamination of family income and composition on or after the merger date. At such termination of
assistance,the HAP contract will automatically terminate. The PHA will give the owner and family at
least 120 days written notice of such termination. The PHA will offer the family the opportunity for
continued tenant-based assistance under the voucher program.
Any OFTO 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. See
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"Owner Rents, Rent Reasonableness and Payment Standards" chapter.
Notice of Termination When the PHA terminates the HAP contract under the violation of HQS space standards, the PHA
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 PHA gives
such notice to the owner.
•
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Chapter 15
DENIAL OR TERMINATION OF ASSISTANCE
[24 CFR 982.552, 982.553]
INTRODUCTION
The PHA may deny or terminate assistance for a family because of the family's action or failure to act.
The PHA will provide families with a written description of the family obligations under the program,
the grounds under which the PHA can deny or terminate assistance,and the PHA's informal hearing
procedures. This chapter describes when the PHA is required to deny or terminate assistance,and the
PHA'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 982.552, 982.553]
If denial or termination is based upon behavior resulting from a disability, the PHA will delay the
denial or termination in order to determine if there is an accommodation that would negate the
behavior resulting from the disability.
Form of DeniaVTermination
Denial of assistance for an applicant may include any or all of the following:
Denial for placement on the PHA waiting list
Denying or withdrawing a 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)]
The PHA must deny assistance to applicants, and terminate assistance for participants:
If any member of the family fails to sign and submit HUD or PHA 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 PHA's last housing assistance payment was made.(See"Contract
Terminations" chapter.)
If the family is evicted from housing assisted under the program for serious violation of the
lease.
The PHA must permanently deny assistance to applicants, and terminate the assistance of persons
convicted of manufacturing or producing methamphetamine on the premises of federally assisted
housing.
The PHA must deny admission for 5 years if any member of the family has been evicted from
federally assisted housing for serious violation of the lease.
The PHA must terminate program assistance for a family evicted from housing assisted under the '—
program for serious violation of the lease.
The PHA 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 PHA must deny admission or terminate assistance when required under the regulations to
establish citizenship or eligible immigration status.
Grounds for Denial or Termination of Assistance [24 CFR 982.552(c)]
The PHA 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
982.551.
Any member of the family has been evicted from federally assisted housing in the last
five years.
If any PHA has ever terminated assistance under the program for any member of the
family.
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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 PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act.
The family has not reimbursed any PHA 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 PHA to pay amounts owed to a PHA,
or amounts paid to an owner by a PHA.The PHA at its discretion may offer the
family the opportunity to enter into a repayment agreement. The PHA will
prescribe the terms of the agreement.(See"Repayment Agreements" chapter.)
The family has engaged in or threatened abusive or violent behavior toward PHA
personnel
"Abusive or violent behavior towards PHA 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
"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 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 One-strike policy below and 982.553 of the regulations)
Refer to "Eligibility for Admission" chapter, "Other Criteria for Admission" section for further
information.
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B. "ONE-STRII E" POLICY
Purpose
All federally assisted housing is intended to provide a place to live and raise families, not a place to
conunit crime, to use or sell drugs or terrorize neighbors. It is the intention of the Housing
Authority of the City of Greeley 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
Support parental efforts to instill values of personal responsibility and hard work
Help maintain an environment where children can live safely,learn and grow up to be
productive citizens
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.
This policy will be posted on the PHA's bulletin board and copies made readily available to
applicants and participants upon request.
•
Screenine 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 96-27,the PHA will endeavor to screen applicants as
thoroughly and fairly as possible for drug-related and violent criminal behavior.
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 the activity is
being engaged in by any family member.
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Standard for Violation
The PHA will deny participation in the program to applicants and terminate assistance to participants
in cases where the PHA 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 PHA determines that there is a pattern of illegal use of a controlled substance or pattern of alcohol
abuse.
The PHA will consider the use of a controlled substance or alcohol to be a pattern if there is
more than one incident during the previous 6 months.
"Engaged in or engaging in" violent criminal activity means any act within the past 3 years 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 did or did not result in the arrest and/or conviction of the applicant or participant,
household members, or guests.
The activity is being engaged in by any family member.
The existence of the above-referenced behavior by any household member or guest,regardless
of the applicant or participant's knowledge of the behavior, shall be grounds for denial or
termination of assistance.
In evaluating evidence of negative past behavior, the PHA 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 federally assisted housing
because of drug-related criminal activity are ineligible for admission to the Section 8 program for a
3-year period beginning on the date of such eviction.
Applicants will be denied assistance if they have been:
Arrested/convicted/evicted from a unit assisted under the Housing Act of 1937 for violent
criminal activity within the last 3 years prior to the date of the certification interview.
Participants will be terminated who have been:
arrested/convicted/evicted from a unit assisted under the Housing Act of 1937 for drug-
related or violent criminal activity within the last 3 years prior to the date of the notice
to terminate assistance,and whose activities have created a disturbance in the building
or neighborhood.
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If the family violates the lease by engaging in drug-related or violent criminal activity,the PHA will terminate assistance.
In appropriate cases,the PHA 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 PHA may consider individual circumstances
with the advice of Juvenile Court officials.
The PHA will waive the requirement regarding drug-related criminal activity if:
The person demonstrates successful completion of a credible rehabilitation program
approved by the PHA, or
The circumstances leading to the eviction no longer exist.
Denial of Assistance for Sex Offenders
The PHA will deny admission if any member of the household is subject to a lifetime registration
requirement under a State sex offender registration program. In screening applicants,the PHA will
perform criminal history background checks to determine whether any household member is subject
to a lifetime sex offender registration requirement.
Termination of Assistance for Participants '
If the PHA determines that any household member is engaging in or has engaged in drug-
related criminal activity while participating in the Section 8 program,within the past 3 years,
the PHA will terminate assistance.
If the family violates the lease by engaging in drug-related or violent criminal activity,the PHA
will terminate assistance.
The PHA will terminate assistance for a family if the PHA determines that a member of the
household is fleeing to avoid prosecution,or custody or confinement after conviction,that is a
felony under the laws of the place from which the individual flees (or in the State of New
Jersey, a high misdemeanor).
The PHA will terminate assistance for a family if the PHA determines that a member of the
household is violating a condition of probation or parole imposed under Federal or State law.
In appropriate cases,the PHA 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 PHA may consider individual circumstances
with the advice of Juvenile Court officials.
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Notice of Termination of Assistance
In any case where the PHA decides to terminate assistance to the family, the PHA must give the
family written notice which states:
The reason(s)for the proposed termination,
The effective date of the proposed termination,
The fanuly's right, if they disagree, to request an Informal Hearing to be held before
termination of assistance.
The date by which a request for an informal hearing must be received by the PHA.
The PHA 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 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. Other credible
evidence includes documentation of drug raids or arrest warrants.
The PHA will pursue fact-finding efforts as needed to obtain credible evidence.
The PHA may terminate assistance for criminal activity by a household member under this
section if the PHA has determined that the household member has engaged in the criminal
activity,regardless of whether the household member has been arrested or convicted for such
activity.
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Confidentiality of Criminal Records
The PHA 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_
Misuse of the above information by any employee will be grounds for termination of
employment.
If the family's assistance is denied or terminated, the criminal record information shall be
shredded immediately upon completion of the review or hearing procedures and a final
decision has been made.
The PHA will document in the family's file the circumstances of the criminal report and the
date the report was destroyed.
C. FAMILY OBLIGATIONS [24 CFR 982.551]
The family must supply any information that the PHA 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 PHA 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(6).
The family must allow the PHA to inspect the unit at reasonable times and after reasonable notice.
The family may not commit any serious or repeated violations of the lease.
The family must notify the owner and, at the same time, notify the PHA before the family moves out
of the unit or terminates the lease upon notice to the owner.
The family must promptly give the PHA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit must be the familys only
residence.
The composition of the assisted family residing in the unit must be approved by the PHA. The family
must promptly inform the PHA of the birth,adoption or court-awarded custody of a child.The family
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must request PHA approval to add any other family member as an occupant of the unit.
The family must promptly notify the PHA if any family member no longer resides in the unit.
If the PHA has given approval, a foster child or a live-in aide may reside in the unit. If the family does
not request approval or PHA 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 PHA to verify that the family
is living in the unit, or relating to family absence from the unit, including any PHA-requested
information or certification on the purposes of family absences. The family must cooperate with the
PHA for this purpose. The family must promptly notify the PHA 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 household members may not engage in drug-related criminal activity or violent criminal activity
or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other
residents and persons residing in the immediate vicinity of the premises.(See PHA One Strike Policy).
The members of the household must not abuse alcohol in a way that threatens the health, safety or
right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the
premises. (See PHA One Strike Policy).
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.
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Housing Authority Discretion [24 CFR 982.552(c)]
In deciding whether to deny or terminate assistance beranse of action or failure to act by members of
the family, the PHA has discretion to consider all of the circumstances in each case, including the
seriousness of the case. The PHA 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 PHA
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 PHA 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 PHA 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 5 days."Denial or
termination of assistance is always optional except where this Plan or the regulations state otherwise.
HQS Breach
The inspector will determine if an HQS breach as identified in 24 CFR 982.404 (b) is the
responsibility of the family. Families may be given extensions to cure HQS breaches by Assistant
Director or Section 8 Administrator.
I pace Violations
The following criteria will be used to decide if a serious or repeated violation of the lease will result in
termination of assistance:
If the owner terminates tenancy through court action for serious or repeated violation
of the lease.
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 PHA determines that the cause is a serious or repeated violation
of the lease based on available evidence.
Nonpayment of rent is considered a serious violation of the lease.
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Notification of Eviction
If the family requests assistance to move and they did not notify the PHA of an eviction within 10
days of receiving the Notice of I pace Termination, the move will be denied.
Proposed Additions to the Family
The PHA will deny a family's request to add additional family members who are:
Persons who have been evicted from public housing.
Persons who have previously violated a family obligation listed in 24 CFR 982.51 of the
HUD regulations.
Persons who have been part of a family whose assistance has been terminated under the
Certificate or Voucher program.
Persons who commit drug-related criminal activity or violent criminal activity.
Persons who do not meet the PHA's definition of family.
Persons who commit fraud,bribery or any other corrupt or criminal act in connection
with any federal housing program.
Persons who currently owe rent or other amounts to the PHA or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act.
Persons who have engaged in or threatened abusive or violent behavior toward PHA
personnel.
Family Member Moves Out
Families are required to notify the PHA if any family member leaves the assisted household.When the
family notifies the PHA, they must furnish the following information:
The date the family member moved out.
Limitation on Profit-Making Activity in Unit
If the PHA 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 PHA determines the business is not legal, it will be considered a program violation.
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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 PHA 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 U.S. citizens nor eligible immigrants
are not eligible for assistance and must have their assistance terminated. The PHA must offer the
family an opportunity for a hearing. (See "Eligibility for Admission" chapter, section on
Citizenship/Eligible Immigration Status.)
Assistance may not be terminated while verification of the participant family's eligible immigration
status is pending.
False or Incomplete Information
When the PHA 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.
The PHA will deny or terminate assistance based on the submission of false information or
misrepresentation.
Procedure for Denial 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 PHA either after the INS appeal or in lieu of the INS appeal.
After the PHA 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).
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E. ZERO ($0)ASSISTANCE TENANCIES
HAP Contracts Prior to 10/2/95
For contracts which were effective prior to 10/2/95,the PHA is liable for unpaid rent and damages if
the family vacates during the allowable 12 months after the last HAP payment. The PHA must
perform all of the functions normally required, such as reexaminations and inspections.
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-month period, the rent for the new unit
would have to be high enough to necessitate a housing assistance payment.
HAP Contracts On or After 10/2/95 [24 CFR 982.455 (a)]
For contracts effective on or after 10/2/95,the PHA 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 still 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 PHA will resume assistance payments for the family.
In order for a family to move to another unit during the 180 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(c)]
If the family has misrepresented any facts that caused the PHA to overpay assistance,the PHA may
choose not to terminate and may offer to continue assistance provided that the family executes a
Repayment Agreement and makes payments in accordance with the agreement.
G. MISREPRESENTATION IN COLLUSION WITH OWNER[24 CFR 982.551,982.552
(c)]
If the family intentionally, willingly, and knowingly commits fraud or is involved in any other illegal
scheme with the owner, the PHA will deny or terminate assistance.
In making this determination, the PHA will carefully consider the possibility of overt or
implied intimidation of the family by the owner and the family's understanding of the events.
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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
PHA to fulfill its responsibilities. The PHA schedules appointments and sets deadlines in order to
obtain the required information. The Obligations also require that the family allow the PHA 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 PHA,may be sent a Notice of Denial or Termination of Assistance for
failure to provide required information, or for failure to allow the PHA 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 Plan.
Appointments will be scheduled and time requirements will be imposed for the following events and
circumstances:
Eligibility for Admissions
Verification Procedures
Certificate/Voucher Issuance and Briefings
Housing Quality Standards and Inspections
Recertification
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 2 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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Reserved
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Chapter 16
OWNER DISAPPROVAL AND RESTRICTION
[24 CFR 982.54, 982.306, 982.453]
INTRODUCTION
It is the policy of the PHA to recruit owners to participate in the Voucher program. The PHA will
provide owners with prompt and professional service in order to maintain an adequate supply of
available housing throughout the jurisdiction of the PHA.The regulations define when the PHA must
disallow an owner participation in the program,and they provide the PHA 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.
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 PHA will disapprove the owner for the following reasons:
HUD or other agency directly related has informed the PHA that the owner has been
disbarred, suspended, or subject to a limited denial of participation under 24 CFR part 24.
HUD has informed the PHA 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 PHA that a court or administrative agency has determined that the has
owner violated the Fair Housing Act or other federal equal opportunity requirements.
Unless their lease was effective prior to June 17, 1998,the owner may not be a parent,child,
grandparent, grandchild, sister or brother of any family member. The PHA will waive this
restriction as a reasonable accommodation for a family member who is a person with a
disability.
In cases where the owner and tenant bear the same last name, the PHA may, at its
discretion,require the family and or owner to certify whether they are related to each
other in any way.
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16-1
The owner has violated obligations under a housing assistance payments contract under
Section 8 of the 1937 Act (42 U.S.C. 14371).
The owner has committed fraud, bribery or any other corrupt act in connection with
any federal housing program.
The owner has engaged in drug-related criminal activity or any violent criminal
activity.
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 a history or practice of failing to terminate tenancy of tenants of units
assisted under Section 8 or any other federally assisted housing program for activity by
the tenant,any member of the household,a guest or another person under the control
of any member of the household that:
Threatens the right to peaceful.enjoyment of the premises by other residents;
Threatens the health or safety of other residents,of employees of the PHA,or of
owner employees or other persons engaged in management of the housing.
Threatens the health or safety of, or the right to peaceful enjoyment of their
residences, by persons residing in the immediate vicinity of the premises; or
Is drug-related criminal activity or violent criminal activity;
The owner has not paid State or local real estate taxes, fines or assessments.
The owner has failed to comply with regulations, the mortgage or note, or the
regulatory agreement for projects with mortgages insured by HUD or loans made by
HUD.
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B. OWNER RESTRICTIONS AND PENALTIES [24 CFR 982.453]
If an owner has committed fraud or abuse or is guilty of frequent or serious contract violations, the
PHA will restrict the owner from future participation in the program for a period of time
commensurate with the seriousness of the offense. The PHA may also terminate some or all contracts
with the owner.
Before imposing any penalty against an owner the PHA 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.
See Program Integrity Addendum for guidance as to how owner fraud will be handled.
C. CHANGE IN OWNERSHIP
A change in ownership does not require execution of a new contract and lease.
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Reserved
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Chapter 17
CLAIMS, MOVE-OUT AND CLOSE-OUT INSPECTIONS (For HAP Contracts Effective
Before October 2, 1995)
INTRODUCTION
This chapter describes the PHA's policies, procedures and standards for servicing HAP contracts
which were effective before October 2, 1995. Pre-merger certificate and voucher contracts in this
category have provisions for the PHA's liability to owners when families move out.Vouchers and pre-
merger certificates have a provision for damages, and pre-merger certificates, in addition, have a
provision for vacancy loss.
A. OWNER CLAIMS
• Under HAP contracts effective prior to October 2, 1995, owners may make "special claims" for
damages, unpaid rent, and vacancy loss (vacancy loss cannot be claimed in the voucher program)
after the tenant has vacated the unit.
Owner claims for payment for unpaid rent, damages, or vacancy loss will be reviewed for accuracy
and completeness and compared with records in the file. The PHA establishes standards by which to
evaluate claims, but the burden of proof rests with the owner.
'-` If vacancy loss is claimed,the PHA will ascertain whether or not the family gave proper notice of its
intent to move. The file will also be reviewed to verify owner compliance at the time the contract was
terminated.
The PHA will pay properly filed claims to the owner as a function of the contract, but the tenant is
ultimately responsible to reimburse the PHA for claims paid to the owner.
B. UNPAID RENT
Unpaid rent only applies to the tenant's portion of rent while the tenant is in residence under the
assisted lease. It does not include the tenant's obligation for rent beyond the termination date of the
HAP contract.
Separate agreements are not considered a tenant obligation under the lease and the PHA will not
reimburse the owner for any claims under these agreements.
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C. DAMAGES
All claims for damages must be supported by the actual bills or estimates for materials and labor.
Invoices or bills from individuals providing labor must include their name, address and
telephone number.
The landlord may not bill him/her self for labor since that is not considered by the PHA to be
an "actual cost"However,the actual cost of the owner's employees'labor,such as the resident
manager, to make repairs may be included.
D. VACANCY LOSS IN THE PRE-MERGER CERTIFICATE PROGRAM
Vacancy loss is applicable to the pre-merger certificate program only. Vacancy loss is paid if the
move was in violation of the notice requirements in the lease, or the result of an eviction.
In order to claim vacancy loss, the unit must be available for lease and the landlord must:
Notify the PHA within 48 hours or 2 calendar days upon learning of the vacancy, or
prospective vacancy, and
Pursue all possible activities to fill the vacancy, including, but not limited to:
Contacting applicants on the owner's waiting list, if any;
Seeking eligible applicants by listing the unit with the PHA,
Advertising the availability of the unit, and
Not rejecting potentially eligible applicants except for good cause.
In the event that a unit becomes vacant because of the death of the tenant,the PHA will permit
the owner to keep the HAP for the month in which the tenant died.
If the tenant moves after the date given on their notice of intent to vacate, the landlord may
claim vacancy loss by providing acceptable documentation that there was a bona fide
prospective tenant to whom the unit could have been rented.
All claims for damages must be supported by the actual bills for materials and labor and a
copy of the canceled checks or other receipts documenting payment. Estimates are not
acceptable.
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Bills from individuals providing labor must include their name, social security number,
address and phone number.The landlord may not bill himself/herself for labor since that is not
considered by the PHA to be an "actual cost" However, the actual cost of the owner's
employees' labor,such as the resident manager, to make repairs may be included.
Persons making repairs or replacements must be licensed to do business in the PHA's
jurisdiction.
Reasonableness of costs will be based on the Means/Home Tech Cost Estimating Guide.
Reimbursement for replacement of items such as carpets,drapes,or appliances,are based on
depreciation schedules in general use by this PHAs.
The PHA may require verification of purchase date, quality, and price of replaced items in
order to calculate depreciation.
Damages which were caused during tenancy,were repaired and billed,but remain unpaid at
move-out, can be considered "other items due under the lease" and included in the claim.
Eligible items to be included on the damage claim must have been a tenant responsibility
under the lease or State law.
Claims for unpaid utility bills cannot be approved as part of a claim.
Claims for normal wear and tear, previously existing conditions, routine turnover preparation,
cleaning and cyclical interior painting are not paid.
E. MOVE-OUT AND CLOSE-OUT INSPECTIONS
Move-out inspections are performed after the tenant has vacated the unit. These inspections
are performed to assess the condition of the unit,not to evaluate the HQS.Vacate inspections
will be conducted by HQS inspector.
There will be no move-out inspections of units with contracts effective on or after October 2, 1995.
The owner must notify the PHA of the move-out and request an inspection within 72 hours of
learning of the move-out in order to submit a claim for damages.
If the contract was terminated due to owner breach, or the owner was in violation of the
contract at the time that it was terminated,there will be no entitlement to claims and therefore
no inspection.
The owner and tenant will be notified of the date and time of the inspection. If the owner is not
present,the move-out inspection will be rescheduled.
The PHA will not conduct a move-out inspection on tenant's request if the owner does not also
request an inspection.
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A damage claim will not be approved unless the move-out inspection is requested and
completed prior to any work being done.
F. PROCESSING CLAIMS
Any amount owed by the tenant to the owner for unpaid rent or damages will first be deducted from
the maximum security deposit which the owner could have collected under the program rules. If the.
maximum allowable security deposit is insufficient to reimburse the owner for the unpaid tenant rent
or other amounts which the family owes under the lease,the owner may request reimbursement from
the PHA up to the limits for each program.
If the owner claims vacancy loss,the security deposit that s/he collected or could have collected will
be deducted from the vacancy loss claim.
The PHA reviews claims for unpaid rent,damages, or vacancy loss and makes a preliminary
determination of amount payable.The family is informed that a claim is pending(notice sent
to last known address). The notification will state the preliminarily determined amount, the
type of claim, and describe the procedure for contesting the claim.
The PHA will offer the family 10 business days to contest the claim.If the family disputes the
claim, the PHA will schedule an informal meeting with the owner and tenant in order to
resolve the differences.
If the owner fails to attend the meeting,the PHA will consider this prima facie evidence
of validity of the tenant's position.
If the tenant fails to attend the meeting, the PHA will proceed with its original
determination.
Meetings will not be rescheduled if neither party attends.
Meetings will not be rescheduled if either party fails to attend.
The PHA will schedule a Claim Review.If the family misses the Claim Review,another will not
be scheduled unless there are extenuating circumstances.
At the Claim Review,the amount and type of claim will be discussed with the family.If
the family agrees with the amount and type of claim, the family will be offered a
Repayment Agreement.If the family does not agree to sign a Payment Agreement,the
PHA will process the account for collection.
If the family demonstrates that the claim,or parts of it,is invalid,the PHA will adjust
the amount. The PHA may offer the tenant an opportunity for an Informal Hearing
regarding the claim if disputes cannot be resolved.
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After a determination has been made, the PHA will notify the family in writing of the decision. If it
has been determined that the family owes money,the PHA will pursue collection to repay either in a
lump sum or through a payment agreement. The notice will warn the family that their assistance may
be terminated and they may be denied future participation in the program if they do not reimburse the
PHA as required.
Other Requirements for Claims Processing
The PHA will require proof that the owner has complied with State and local laws applicable
to security deposits before making payment on any claim.
All notices to tenants during the processing of a claim must include proof of mailing or of
personal delivery.
Costs of filing eviction to remove the tenant or any other legal fees, may not be reimbursed.
No claims will be paid for a unit which is vacant as the result of the landlord voluntarily
moving a family to another unit owned by the same landlord.
All unpaid rent, damage, and vacancy loss claim forms must be fully complete when they are
submitted,and they must be submitted within 60 days of the date the owner learned of the move-out.
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Chapter 18
OWNER OR FAMILY DEBTS TO 1111,PHA
[24 CFR 982.552]
INTRODUCTION
This chapter describes the PHA'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 PHA'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 PHA'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, the family or other interested
parties.
When families or owners owe money to the PHA, the PHA will make every effort to collect it. The
PHA will use a variety of collection tools to recover debts including, but not limited to:
Requests for lump sum payments
Civil suits
Payment agreements
Abatements
Reductions in HAP to owner
Collection agencies
Credit bureaus
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A. PAYMENT AGREEMENT FOR FAMILIES [24 CFR 982.552 (c)(v-vii)]
A Payment Agreement as used in this Plan is a document entered into between the PHA and a person
who owes a debt to the PHA. It is similar to a promissory note, but contains more details regarding
the nature of the debt, the terms of payment, any special provisions of the agreement, and the
remedies available to the PHA upon default of the agreement.
The PHA will prescribe the terms of the payment agreement,including determining whether to
enter into a payment agreement with the family based on the circumstances surrounding the
debt to the PHA.
There are some circumstances in which the PHA will not enter into a payment agreement.
They are:
If the family already has a Payment Agreement in place.
If the PHA determines that the family committed program fraud.
The maximum amount for which the PHA will enter into a payment agreement with a family is
$2000.
The maximum length of time the PHA will enter into a payment agreement with a family is 18
months.The minimum monthly amount of monthly payment for any payment agreement is $10.
Payment Schedule for Monies Owed to the PHA
Initial Payment Due
Initial Payment due Amount Owed Maximum Term
10% - 15% 0-$ 500 6months
15% - 10% $ 501 - $ 1000 10 months
9% - 5.5% $ 1000-$2000 18 months
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B. DEBTS OWED FOR CLAIMS [24 CFR 792.103, 982.552 (cXv-vii)]
If a family owes money to the PHA for claims paid to an owner:
The PHA will require the family to pay the amount in full.
Late Payments
A payment will be considered to be in arrears if
The payment has not been received by the close of the business 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 payment agreement is in arrears, and the family has not contacted or made
arrangements with the PHA, the PHA will:
Require the family to pay the balance in full
Pursue civil collection of the balance due
Terminate the housing assistance
If the family requests a move to another unit and has a payment agreement in place for the payment of
an owner claim, and the payment 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 payment agreement for the
payment of an owner claim:
If the family pays the past due amount, they will be permitted to move.
C. DEBTS DUE TO MISREPRESENTATIONS/NON-REPORTING OF
INFORMATION [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.
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Family Error/Late Reporting
Families who owe money to the PHA due to the family's failure to report increases in income
will be required to repay in accordance with the guidelines in the Payment Agreement Section
of this Chapter.
Program Fraud
Families who owe money to the PHA due to program fraud will be required to pay in
accordance with the payment procedures for program fraud, below.
If a family owes an amount which equals or exceeds$2000 as a result of program fraud,the case will
be referred to the Inspector General. Where appropriate, the PHA will refer the case for criminal
prosecution.
Payment Procedures for Program Fraud
Families who commit program fraud or untimely reporting of increases in income will be subject
to the following procedures:
The maximum time period for a Payment Agreement will be 18 months.
The family will be required to prepay 10%of the amount owed prior to or upon execution of
the Payment Agreement.
The amount of the monthly payment will be determined in accordance with the family's
current income.
D. DEBTS DUE TO MINIMUM RENT TEMPORARY HARDSHIP
If the family owes the PHA money for rent arrears incurred during the minimum rent period,
the PHA will calculate the total amount owed and divide it by 12 to arrive at a reasonable
payback amount that the family will be required to pay to the PHA monthly in addition to the
family's regular monthly rent payment to the owner. The family will be required to pay the
increased amount until the arrears are paid in full to the PHA.
The PHA will not enter into a payment agreement that will take more than 12 months to pay
off.
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E. GUIDELINES FOR PAYMENT AGREEMENTS [24 CFR 982.552(cXv-vii)] •
Payment agreements will be executed between the PHA and the head of household and spouse.
The agreement will be in default when a payment is delinquent by the 5th of the month.
The family's assistance will be terminated unless the PHA receives the balance of the
payment agreement in full within 30 calendar days of the termination notice.
Monthly payments may be decreased in cases of family hardship and if requested with
reasonable notice from the family, verification of the hardship, and the approval of the
Assistant Director or Section 8 Administrator.
No move will be approved until the debt is paid in full unless the move is the result of the
following causes,and the payment agreement is current:
Family size exceeds the HQS maximum occupancy standards
The HAP contract is terminated due to owner non-compliance or opt-out
A natural disaster
Additional Monies Owed: If the family already has a payment agreement in place and incurs an
additional debt to the PHA:
The PHA will not enter into more than one payment agreement with the family.
F. OWNER DEBTS TO l'li>J PHA [24 CFR 982.453(b)]
If the PHA determines that the owner has retained housing assistance or claim payments the owner is
not entitled to,the PHA may reclaim the amounts from future housing assistance or claim payments
owed the owner for any units under contract.
If future housing assistance or claim payments are insufficient to reclaim the amounts owed,the PHA
will:
Enter into a payment agreement with the owner for the amount owed.
Pursue collections through the local court system.
Restrict the owner from future participation.
G. WRITING OFF DEBTS
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Debts will be written off if
The debtor's whereabouts are unknown and the debt is more than 2 years old.
A determination is made that the debtor is judgment proof.
The debtor is deceased.
The debtor is confined to an institution indefinitely or for more than 5 years.
The amount is less than $ 100 and the debtor cannot be located.
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Chapter 19
COMPLAINTS AND APPEALS
INTRODUCTION
The informal hearing requirements defined in HUD regulation are applicable to participating families
who disagree with an action, decision, or inaction of the PHA. This chapter describes the policies,
procedures and standards to be used when families disagree with a PHA decision.The procedures and
requirements are explained for preference denial meetings, informal reviews and hearings. It is the
policy of the PHA to ensure that all families have the benefit of all protections due to them under the
law.
A. COMPLAINTS TO flit PHA
• The PHA will respond promptly to complaints from families,owners,employees,and members of the
public. All complaints will be documented. The PHA may require that complaints other than HQS
violations be put in writing. HQS complaints may be reported by telephone.
The PHA hearing procedures will be provided to families in the briefing packet.
Cateeories of Complaints
Complaints from families: If a family disagrees with an action or inaction of the PHA or owner.
Complaints from families will be referred to the Section 8 Administrator. If a complaint is not
resolved, it will be referred to Assistant Director.
Complaints from owners: If an owner disagrees with an action or inaction of the PHA or a family.
Complaints from owners will be referred to Section 8 Administrator.
Complaints from staff: If a staff person reports an owner or family either violating or not complying
with program rules, the complaint will be referred to the Section 8 Administrator.
Complaints from the general public: Complaints or referrals from persons in the community in regard
to the PHA, a family or an owner.
Complaints from the general public will be referred to the Section 8 Administrator. If
a complaint is not resolved, it will be referred to the Assistant Director.
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B. PREFERENCE DENIALS
When the PHA 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 PHA staff to
discuss the reasons for the denial and to dispute the PHA's decision.
The person who conducts the meeting will be:
An employee of the PHA who is at or above the level of Assistant Director.
C. INFORMAL REVIEW PROCEDURES FOR APPLICANTS [24 CFR 982.54(d)(12),
982.554]
Reviews are provided for applicants who are denied assistance before the effective date of the HAP
contract. The exception is that when an applicant is denied assistance for citizenship or eligible
immigrant status, the applicant is entitled to an informal hearing.
When the PHA determines that an applicant is ineligible for the program,the family must be notified
of their ineligibility in writing. The notice must contain:
The reason(s)they are ineligible,
The procedure for requesting a review if the applicant does not agree with the decision and
The time limit for requesting a review.
The PHA must provide applicants with the opportunity for an informal review of decisions denying:
Listing on the PHA's waiting list
Issuance of a voucher
Participation in the program
Assistance under portability procedures
Informal reviews are not required for established policies and procedures and PHA determinations
such as:
Discretionary administrative determinations by the PHA
General policy issues or class grievances
A determination of the family unit size under the PHA subsidy standards
Refusal to extend or suspend a voucher
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A PHA determination not to grant approval of the tenancy
Determination that unit is not in compliance with HQS
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 days from the date of the PHA's notification of denial of assistance. The informal review
will be scheduled within 30 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:
A staff person who is at the Assistant Director level or above
A commissioner
An individual from outside the PHA
The applicant will be given the option of presenting oral or written objections to the decision. Both
the PHA and the family may present evidence and witnesses. The family may use an attorney or other
representative to assist them at their own expense.
The review may be conducted by mail and/or telephone if acceptable to both parties.
A notice of the review findings will be provided in writing to the applicant within 10 business 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.
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D. INFORMAL HEARING PROCEDURES [24 CFR 982.555(a-f), 982.54(d)(13)]
When the PHA makes a decision regarding the eligibility and/or the amount of assistance, applicants
and participants must be notified in writing. The PHA will give the family prompt notice of such
determinations which will include:
The proposed action or decision of the PHA;
The date the proposed action or decision will take place;
The family's right to an explanation of the basis for the PHA'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
The PHA must provide participants with the opportunity for an informal hearing for decisions related
to any of the following PHA determinations:
Determination of the family's annual or adjusted income and the computation of the housing
assistance payment
Appropriate utility allowance used from schedule
Family unit size determination under PHA subsidy standards
Determination that pre-merger certificate program family is underoccupied in their current
unit and a request for exception is denied
Determination to terminate assistance for any reason.
Determination to terminate a family's FSS contract,withhold supportive services, or propose
forfeiture of the family's escrow account.
Determination to pay an owner claim for damages, unpaid rent or vacancy loss.
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The PHA must always provide the opportunity for an informal hearing before termination of
assistance.
Informal hearings are not required for established policies and procedures and PHA determinations
such as:
Discretionary administrative determinations by the PHA
General policy issues or class grievances
Establishment of the PHA schedule of utility allowances for families in the program
A PHA determination not to approve an extension or suspension of a voucher term
A PHA determination not to approve a unit or lease
A PHA determination that an assisted unit is not in compliance with HQS(PHA must provide
hearing for family breach of HQS because that is a family obligation determination)
A PHA determination that the unit is not in accordance with HQS because of the family size
A PHA determination to exercise or not exercise any right or remedy against the owner under
a HAP contract
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Notification of Hearing
It is the PHA'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 PHA will ensure that applicants
and participants will receive all of the protections and rights afforded by the law and the regulations.
When the PHA receives a request for an informal hearing,a heating shall be scheduled within 30 days.
The notification of hearing will contain:
The date and time of the hearing
The location where the hearing will be held
The family's right to bring evidence, witnesses, legal or other representation at the family's
expense
The right to view any documents or evidence in the possession of the PHA upon which the
PHA based the proposed action and, at the family's expense, to obtain a copy of such
documents prior to the hearing. Requests for such documents or evidence must be
received no later than 2 days before the hearing date.
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A notice to the family that the PHA will request a copy of any documents or evidence the
family will use at the hearing. Requests for such documents or evidence must be received
no later than 2 days before the hearing date.
The PHA's Hearing Procedures
After a hearing date is agreed to, 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 a family does not appear at a scheduled hearing and has not rescheduled the hearing in
advance,the family must contact the PHA within 72 hours,excluding weekends and holidays.
The PHA will reschedule the hearing only if the family can show good cause for the failure to
appear.
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Families have the right to:
Present written or oral objections to the PHA's determination.
Examine the documents in the file which are the basis for the PHA's action,and all documents
submitted to the Hearing Officer;
Copy any relevant documents at their expense;
Present any information or witnesses pertinent to the issue of the hearing;
Request that PHA staff be available or present at the hearing to answer questions pertinent to
the case; and
Be represented by legal counsel, advocate, or other designated representative at their own
• expense.
If the family requests copies of documents relevant to the hearing,the PHA will make
the copies for the family and assess a charge of $.50 per copy.In no case will the family
be allowed to remove the file from the PHA's office.
In addition to other rights contained in this Chapter, the PHA has a right to:
Present evidence and any information pertinent to the issue of the hearing;
Be notified if the family intends to be represented by legal counsel,advocate,or another party;
Examine and copy any documents to be used by the family prior to the hearing;
Have its attorney present; and
Have staff persons and other witnesses familiar with the case present.
pea-
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The informal hearing shall be conducted by the Hearing Officer appointed by the PHA who is neither -
the person who made or approved the decision, nor a subordinate of that person. The PHA appoints
hearing officers who:
Are PHA commissioners/Are PHA management
Are professional mediators or arbitrators [employed by the county Bar Association/a
mediation, dispute resolution, or arbitration service/other].
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 must request an audio recording of the hearing, if desired, 3 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 PHA shall take effect and another hearing will not be granted.
The Hearing Officer will determine whether the action, inaction or decision of the PHA 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.
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A notice of the hearing findings shall be provided in writing to the PHA and the family within 15 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 documentation of the
calculation of monies owed];
The date the decision goes into effect. •
The PHA is not bound by hearing decisions:
Which concern matters in which the PHA 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, State or local laws; or
Which exceed the authority of the person conducting the hearing.
The PHA shall send a letter to the participant if it determines the PHA is not bound by the Hearing
Officer's determination within 15 days. The letter shall include the PHA'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.
•
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E. HEARING AND APPEAL PROVISIONS FOR"RESTRICTIONS ON ASSISTANCE TO NON-CITIZENS" [24 CFR Part 5, Subpart E]
INSTRUCTION: In accordance with the Quality Housing and Work Responsibility Act of 1998,
PHAs may no longer elect not to comply with ("opt-out"of) the noncitizen requirements (Part 5,
Subpart E).
Assistance to the family may not be delayed, denied or terminated on the basis of immigration status
at any time prior to the receipt of the decision on the INS appeal.
Assistance to a family may not be terminated or denied while the PHA hearing is pending but
assistance to an applicant may be delayed pending the PHA hearing.
INS Determination of Ineligibility
If a family member claims to be an eligible immigrant and the INS SAVE system and manual search
do not verify the claim,the PHA notifies the applicant or participant within ten days of their right to
appeal to the INS within thirty days or to request an informal hearing with the PHA either in lieu of or
subsequent to the INS appeal.
If the family appeals to the INS,they must give the PHA a copy of the appeal and proof of mailing or
the PHA may proceed to deny or terminate. The time period to request an appeal may be extended by
the PHA for good cause.
The request for a PHA hearing must be made within fourteen days of receipt of the notice offering the
hearing or, if an appeal was made to the INS, within fourteen days of receipt of that notice.
After receipt of a request for an informal hearing,the hearing is conducted as described in this chapter
for both applicants and participants. If the hearing officer decides that the individual is not eligible,
and there are no other eligible family members the PHA will:
Deny the applicant family
Defer termination if the family is a participant and qualifies for deferral
Terminate the participant if the family does not qualify for deferral
If there are eligible members in the family,the PHA will offer to prorate assistance or give the family
the option to remove the ineligible members.
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All other complaints related to eligible citizenfimmigrant status:
If any family member fails to provide documentation or certification as required by the
regulation,that member is treated as ineligible.If all family members fail to provide,the family
will be denied or terminated for failure to provide.
Participants whose termination is carried out after temporary deferral may not request a
hearing since they had an opportunity for a hearing prior to the termination.
Participants whose assistance is pro-rated(either based on their statement that some members.
are ineligible or due to failure to verify eligible immigration status for some members after
exercising their appeal and hearing rights described above)are entitled to a hearing based on
the right to a hearing regarding determinations of tenant rent and Total Tenant Payment.
Families denied or terminated for fraud in connection with the non-citizens rule are entitled to
a review or hearing in the same way as terminations for any other type of fraud.
F. MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS WITH
DISABILITIES [24 CFR 982.204, 982.552(c)]
When applicants are denied placement on the waiting list, or the PHA 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.
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PROGRAM INTEGRITY ADDENDUM
[24 CFR 792.101 to 792.204, 982.54]
INTRODUCTION
The US 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 PHA 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 PHA will take all steps necessary to prevent fraud, waste, and mismanagement so that
program resources are utilized judiciously.
This chapter outlines the PHA's policies for the prevention, detection and investigation of
program abuse and fraud.
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A. CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND FRAUD
Under no circumstances will the PHA undertake an inquiry or an audit of a participating family
arbitrarily. The PHA's expectation is that participating families will comply with HUD
requirements, provisions of the voucher, and other program rules. The PHA staff will make every
effort (formally and informally)to orient and educate all families in order to avoid unintentional
violations. However, the PHA 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 PHA's attention, to investigate such claims.
The PHA will initiate an investigation of a participating family only in the event of one or more of
the following circumstances:
Referrals, Complaints, or Tips. The PHA 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. A copy of
the allegation will be retained in the family's file.
Internal File Review. A follow-up will be made if PHA staff discovers(as a function of a
certification or recertification, an interim redetermination, or a quality control review),
information or facts which conflict with previous file data, the PHA's knowledge of the
family, or is discrepant with statements made by the family.
Verification of Documentation. A follow-up will be made if the PHA 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 PHA WILL TAKE TO PREVENT PROGRAM ABUSE AND FRAUD
The PHA management and staff will utilize various methods and practices (listed below) to
prevent program abuse, non-compliance, and willful violations of program rules by applicants and
participating families. This policy objective is to establish confidence and trust in the management
by emphasizing education as the primary means to obtain compliance by families.
Things You Should Know. This program integrity bulletin(created by HUD's Inspector
General)will be furnished and explained to all applicants to promote understanding of
program rules, and to clarify the PHA's expectations for cooperation and compliance.
Program Orientation Session. Mandatory orientation sessions will be conducted by the
PHA staff for all prospective program participants, either prior to or upon issuance of a
voucher. At the conclusion of all Program Orientation Sessions, the family representative
will be required to sign a "Program Briefing Certificate" to confirm that all rules and
pertinent regulations were explained to them.
Resident Counseling. The PHA will routinely provide participant counseling as a part of
every recertification interview in order to clarify any confusion pertaining to program rules
and requirements.
Review and explanation of Forms. Staff will explain all required forms and review the
contents of all(re)certification documents prior to signature.
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
Participant Certification. All family representatives will be required to sign a
"Participant Certification" form, as contained in HUD's Participant Integrity Program
Manual.
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C. STEPS THE PHA WILL TAKE TO DETECT PROGRAM ABUSE AND FRAUD
The PHA Staff will maintain a high level of awareness to indicators of possible abuse and fraud by
assisted families.
Quality Control File Reviews. Prior to initial certification, and at the completion of all
subsequent recertifications, each participant file 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.
Observation. The PHA Management and Occupancy Staff(to include 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 documented in the family's file.
Public Record Bulletins may be reviewed by Management and Staff.
State Wage Data Record Keepers. Inquiries to State Wage and Employment record
keeping agencies as authorized under Public Law 100-628, the Stewart B. McKinley
Homeless Assistance Amendments Act of 1988, may be made annually in order to detect
unreported wages or unemployment compensation benefits
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 PHA wherein unreported income
sources are disclosed.
When a participant's expenditures exceed his/her reported income, and no
plausible explanation is given.
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D. IRE PHA'S HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE AND
FRAUD
The PHA staff will encourage all participating families to report suspected abuse to Section 8
Administrator. All such referrals, as well as referrals from community members and other
agencies, will be thoroughly documented and placed in the participant's file. All allegations,
complaints and tips will be carefully evaluated in order to determine if they warrant follow-up.
The Section 8 Administrator will not follow up on allegations which are vague or otherwise
non-specific. They will only review allegations which contain one or more independently verifiable
facts.
File Review. An internal file review will be conducted to determine:
If the subject of the allegation is a client of the PHA 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 PHA 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.
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 Section 8 Administrator will initiate an investigation to
determine if the allegation is true or false.
E. OVERPAYMENTS TO OWNERS
If the landlord has been overpaid as a result of fraud, misrepresentation or violation of the
Contract,the PHA may terminate the Contract and arrange for restitution to the PHA
and/or family as appropriate.
The PHA will make every effort to recover any overpayments made as a result of landlord
fraud or abuse.
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F. HOW TiE.PHA WILL INVESTIGATE ALLEGATIONS OF ABUSE AND ^
FRAUD
If the PHA determines that an allegation or referral warrants follow-up, either the staff person
who is responsible for the file, or a person designated by the Executive Director to monitor the
program compliance will conduct the 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
PHA will secure the written authorization from the program participant for the release of
information.
Credit Bureau Inquiries. In cases involving previously unreported income sources,a CBI
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 of Credit 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 which 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 PHA's review.
Other Agencies. Investigators, case workers or representatives of other benefit agencies
may be contacted.
Public Records. If relevant,the PHA 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.
Interviews with Head of Household or Family Members. The PHA will discuss the
allegation (or details thereof)with the Head of Household or family member by scheduling
an appointment at the appropriate PHA.office. A high standard of courtesy and
professionalism will be maintained by the PHA staff person who conducts such interviews.
Under no circumstances will inflammatory language, accusation, or any unprofessional
conduct or language be tolerated by the management. If possible, an additional staff person
will attend such interviews.
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G. PLACEMENT OF DOCUMENTS,EVIDENCE AND STATEMENTS OBTAINED
BY THE PHA
Documents and other evidence obtained by the PHA during the course of an investigation will be
considered "work product" and will either be kept in the participant's file, or in a separate "work
file." In either case, the participant's file or work file shall be kept in a locked file cabinet. Such
cases under review will not be discussed among PHA Staff unless they are involved in the
process, or have information which may assist in the investigation.
H. CONCLUSION OF THE PHA'S INVESTIGATIVE REVIEW
At the conclusion of the investigative review,the reviewer will report the findings to the
Executive Director or designee. It will then be determined whether a violation has occurred, a
violation has not occurred, or if the facts are inconclusive.
L EVALUATION OF IRE FINDINGS
If it is determined that a program violation has occurred, the PHA will review the facts to
determine:
The type of violation(procedural, non-compliance, fraud).
Whether the violation was intentional or unintentional.
What amount of money(if any)is owed by the family.
If the family is eligible for continued occupancy.
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J. ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE BEEN
DOCUMENTED
Once a program violation has been documented, the PHA 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 PHA, 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 PHA.
(a) Warning Notice to the Family.In such cases a notice will be sent to the family
which contains the following:
A description of the non-compliance and the procedure, policy or obligation
which was violated.
The date by which the violation must be corrected, or the procedure
complied with.
The action which will be taken by the PHA if the procedure or obligation is
not complied with by the date specified by the PHA.
The consequences of repeated (similar)violations.
2. Procedural Non-compliance-Overpaid Assistance. When the family owes money to
the PHA for failure to report changes in income or assets, the PHA will issue a
Notification of Overpayment of Assistance. This Notice will contain the following:
A description of the violation and the date(s).
Any amounts owed to the PHA.
A 10 day 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 PHA's Notice. If the Participant fails to comply
with the PHA's notice, and a family obligation has been violated, the PHA will
initiate termination of assistance.
(b) Participant Complies with PHA's Notice. When a family complies the PHA's
notice, the staff person responsible will meet with him/her to discuss and explain
the Family Obligation or program rule which was violated. The staff person will
complete a Participant Counseling Report, give one copy to the family and retain a
copy in the family's file.
3. Intentional Misrepresentations.When a participant falsifies, misstates, omits or
otherwise misrepresents a material fact which results(or would have resulted) in an
overpayment of housing assistance by the PHA, the PHA 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.
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 wrong-doing.
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).
(f) That the participant falsified, forged or altered documents.
(g) That the participant uttered and certified to statements at a interim
(re)determination which were later independently verified to be false.
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4. Dispositions of Cases Involving Misrepresentations. In all cases of misrepresentations
involving efforts to recover monies owed, the PHA may pursue, depending upon its
evaluation of the criteria stated above, one or more of the following actions:
(a) Criminal Prosecution: If the PHA has established criminal intent, and the case
meets the criteria for prosecution, the PHA will:
Refer the case to the local State or District Attorney, notify HUD's RIGI, and
terminate rental assistance.
(b) Administrative Remedies: The PHA may:
Terminate assistance and demand payment of restitution in full.
Terminate assistance and execute an administrative repayment agreement in
accordance with the PHA's Repayment Policy.
Terminate assistance and pursue restitution through civil litigation.
Continue assistance at the correct level upon repayment of restitution in full
180 days.
Permit continued assistance at the correct level and execute an administrative
repayment agreement in accordance with the PHA's repayment policy.
5. The Case Conference for Serious Violations and Misrepresentations.When the PHA
has established that material misrepresentation(s) have occurred, a Case Conference
will be scheduled with the family representative and the PHA staff person who is
most knowledgeable about the circumstances of the case.
* This conference will take place prior to any proposed action by the PHA. The
purpose of such conference is to review the information and evidence obtained by
the PHA with the participant,and to provide the participant an opportunity to
explain any document findings which conflict with representations in the family's
file. Any documents or mitigating circumstances presented by the family will be
taken into consideration by the PHA . The family will be given 10 days to furnish
any mitigating evidence.
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i-^ A secondary purpose of the Participant Conference is to assist the PHA in
determining the course of action most appropriate for the case. Prior to the final
determination of the proposed action, the PHA will consider:
The duration of the violation and number of false statements.
The family's ability to understand the rules.
The family's willingness to cooperate, and to accept responsibility for his/her
actions
The amount of money involved.
The family's past history
Whether or not criminal intent has been established. •
The number of false statements.
6. Notification to Participant of Proposed Action. The PHA will notify the family of the
proposed action no later than 30 days after the case conference by certified mail.
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