HomeMy WebLinkAbout982496.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
HOUSING AUTHORITY SERVICES AND AUTHORIZE CHAIR TO SIGN
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 Intergovernmental Agreement for the
Provision of Housing Authority Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld County
Housing Authority, and the City of Greeley Housing Authority, commencing January 16, 1999, to
remain in effect indefinitely, with further terms and conditions being as stated in said agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Intergovernmental Agreement for
the Provision of Housing Authority Services between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Weld County
Housing Authority, and the City of Greeley Housing Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of December, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ffr%j ,.4. EXCUSED
- Constance L. Harbert, Chair
Weld County Clerk X• tPi 0)r4j44? ` T U 4g-'J{
•
/ �� 4•" / W. H. ebster, Pro- em
BY: ..i/ili_� •�U�. `3r; - ��
�., �.. �1
Deputy Clerk to the Board ��, ,
eorge Baxter
APP O D FORM: EXCUSED DATE OF SIGNING/ (AYE)
Da,Je K. Hall
County t ney c,—7i 1 L L1. �l . f 1 C L
iTharbara J. Kirkmeyer
982496
de_ ' AM , cA A0018
/7 HA0018
INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF
HOUSING AUTHORITY SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day
of December 1998, by and between the Weld County Housing Authority, a political subdivision
of the State of Colorado, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter
referred to as "County Housing Authority," and the City of Greeley Housing Authority, a
political subdivision of the State of Colorado, whose address is 2448 1st Avenue, Greeley,
Colorado 80631, hereinafter referred to Greeley Housing Authority."
WITNESSETH:
WHEREAS, County Housing Authority is organized as a county housing authority and
political subdivision of the State of Colorado, pursuant to C.R.S. § 29-4-503, with those powers
and duties listed in C.R.S. § 29-4-505, and
WHEREAS, Greeley Housing Authority is organized as a city housing authority and
political subdivision of the State of Colorado, pursuant to C.R.S. § 29-4-204, with those powers
and duties listed in C.R.S. § 29-4-209, and
WHEREAS, the County Housing Authority and the Greeley Housing Authority provide
similar services within their respective jurisdictions, and could benefit from cost savings afforded
by the provision of housing authority services in both jurisdictions by the staff of only one of the
Authorities, and
WHEREAS, the parties hereto desire to enter into this Intergovernmental Agreement to
accomplish such cost savings.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1. Term:
This Intergovernmental Agreement is effective January 16, 1999. The Intergovernmental
Agreement shall remain in effect indefinitely and is subject to the availability of funding.
The Intergovernmental Agreement will be reviewed annually or as needed by both
parities and is subject to the provisions of Paragraphs 5 and 14, herein.
The term of funding by the Weld County Housing Authority shall be for a calendar year
period, and subject to the provisions of Paragraphs 4, 5, and 14, herein.
Page 1 of 8 Pages
2. Provision of Housing Authority Services in County Housing Authority Jurisdiction
by Greeley Housing Authority
Greeley Housing Authority agrees to provide housing authority services in the County
Housing Authority jurisdiction on behalf of and under the direction of the County
Housing Authority Board. Such services shall include the following, as may be modified
by the County Housing Authority Administrative Plan, a copy of which is attached hereto
and referred to herein as "Exhibit A." Specifically, the Greeley Housing Authority agrees
to:
a. comply with all terms and conditions of any County Housing Authority grant or
contract that the County Housing Authority administers and all applicable laws in
carrying out project operations. These grants or contracts include, but are not
limited to:
1) Section 8 Vouchers and Certificates;
2) Housing Rehabilitation including the Intergovernmental Agreement with
Greeley Urban Renewal Services, as amended;
3) Federal Emergency Shelter Grants;
4) Weld County General Assistance Funding to Homeless and Case
Managements Providers (Greeley Housing Authority shall evaluate and
recommend the allocation, but funds will be paid directly to providers by
the Weld County Department of Social Services);
5) Loan Management and Intergovernmental Agreements with the Farm
Labor Sponsoring Association and Catholic Charities Northern Housing
Project; and
6) Development of Migrant Housing projects.
b. fulfill all administrative and reporting requirements of any grant or contract that
the County Housing Authority administers as required to ensure full grant
compliance;
c. prepare all necessary environmental reviews, public notices, and other documents
required to comply with County Housing Authority grants or contract rules and
regulations;
d. report on all County Housing Authority activities to the County Housing
Authority Board, according to the schedule prescribed by such Board, or as may
be set forth in the Bylaws of the County Housing Authority;
e. obtain formal approval of all grants or contracts including revisions from the
County Housing Authority Board before administrative and operational actions
are taken. These formal approvals will be provided according to the schedule
Page 2 of 8 Pages
prescribed by such Board, or as may be set forth in the Bylaws of the County
Housing Authority;
f. develop and plan the annual budget of the County Housing Authority by
December 1 of the preceding calendar year and forward said budget to the County
Housing Authority Board for approval. Such Board shall include the approved
County Housing Authority Budget as part of Weld County's budget document
and reporting. Any amendment to the County Housing Authority budget shall be
done in accordance with, and as a part of, a Weld County supplemental
appropriation during the fiscal year;
g. provide all necessary accounting functions for the County Housing Authority to
include processing payables, warrant reconciliation,journal entries, maintenance
of a general ledger, monthly and annual financial reporting, grant accounting and
reporting, and any managerial reporting required by the County Housing
Authority;
h. extend the Greeley Housing Authority liability, and error and omissions insurance
to cover the housing authority services which the Greeley Housing Authority
intends to provide on behalf of the County Housing Authority through this
Intergovernmental Agreement;
provide financial reporting and audit information required by State and Federal
funding agencies, on behalf of the County Housing Authority;
j. pay for any audit costs attributed to the County Housing Authority audit
requirements. The audit of the County Housing Authority's financial reporting
and grant reporting shall be done independent of Weld County's annual audit and
not included in all Weld County audit reports. Instead, an independent audit shall
be issued, in accordance with the Office of Management and Budget Circular A-
133, Audits of States, Local Governments, and Non-Profit Organizations and
under any Guidance the Department of Housing and Urban Development may
issue to insure program compliance. Weld County, in its comprehensive annual
financial report, shall cite the fact that the County Housing Authority is not
included as a reportable entity;
k. utilize during the term of this Agreement the equipment listed in the inventory
which is attached hereto and referred to herein as "Exhibit C," at no cost to the
Greeley Housing Authority, with the understanding that should this Agreement be
terminated, all such equipment shall be returned to Weld County;
1. reimburse the County Housing Authority for any funds disallowed or penalties
under the provisions of grants or contracts it administers on behalf of the County
Page 3 of 8 Pages
Housing Authority due to any administrative error or omission, or negligence by
the Greeley Housing Authority;
m. indemnify the County Housing Authority, including its officers, for any and all
liability or loss suffered by the County Housing Authority and resulting from any
such administrative error or omission, or negligence by the Greeley Housing
Authority;
n. report all forms of program income for housing program needs in Weld County
and include such forms of program income in the County Housing Authority
budget;
o. maintain all public records of the County Housing Authority and provide access
to these records during normal business hours;
p. provide such services as may be necessary in the area of computer services, legal
services, printing and supplies, and telephone services (for which the Greeley
Housing Authority may contract separately with Weld County, Weld County's
Information Services Department [Systems and Computer Technology
Corporation], and\or the Weld County Attorney);
q. pay Weld County for services such as Weld County Building and Grounds
Department services, rental costs, and Weld County Department of Social
Services, according to the rate schedule negotiated and provided under separate
Intergovernmental Agreement;
r. develop or continue planning initiatives as directed by the County Housing
Authority;
s. develop and plan annual contracts and grants of the County Housing Authority
according to Federal and State guidelines and forward such annual contracts and
grants to the County Housing Authority Board for approval;
t. comply with the provisions of the Bylaws of the County Housing Authority; and
u. provide evidence of a fidelity bond to cover fraud and/or theft of funds and/or
equipment by persons performing the duties of this Agreement. Such fidelity
bond shall include the County Housing Authority and Weld County as
beneficiaries.
Page 4 of 8 Pages
3. Employment of County Housing Authority Staff with the Greeley Housing
Authority
a. The County Housing Authority staff shall be terminated, effective January 15,
1999, from employment with Weld County, Colorado. Said employees shall
immediately thereafter be employed by the Greeley Housing Authority.
b. The Greeley Housing Authority shall be responsible for its employees' salaries,
fringe benefits, worker's compensation, unemployment insurance costs, and any
other benefits of employment for those employees working pursuant to the terms
of this Intergovernmental Agreement. In no event shall the Greeley Housing
Authority employees who are working pursuant to the terms of this
Intergovernmental Agreement be considered Weld County employees after
January 15, 1999.
4. Funding
Each December during the term of this Intergovernmental Agreement, the County
Housing Authority agrees to provide an annual budget for the period of January 1st
through December 31st to reimburse the Greeley Housing Authority for its provision of
services stated herein. The annual budget for the year 1999 is attached to this
Intergovernmental Agreement and referred to herein as "Exhibit B."
The County Housing Authority agrees to establish billing procedures and reimburse the
Greeley Housing Authority for actual, reasonable and necessary expenses incurred in the
course of the provision of services pursuant to this Intergovernmental Agreement, based
on the submission of monthly or quarterly expenditure statements, on forms prescribed by
the County Housing Authority in accordance with Exhibit B.
Payment pursuant to this Intergovernmental Agreement will be made as earned, in whole
or in part, from available Federal and State funds in an amount not to exceed its annual
appropriation.
5. Modification of the Intergovernmental Agreement
All modifications of this Intergovernmental Agreement shall be in writing and signed by
both parties.
6. Assignment
This Intergovernmental Agreement shall be binding upon the parties hereto, their
successors, heirs, legal representatives, and assigns. The Greeley Housing Authority may
not assign any of its rights or obligations hereunder without the prior written consent of
Page 5 of 8 Pages
the County Housing Authority Board.
7. VenueAApplicable Laws
Venue for any legal action between the parties hereto shall be proper in Weld County,
Colorado,pursuant to Colorado law.
8. Entire Agreement
The parties hereby agree that neither has made or authorized any agreement with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained shall
be binding on either party, or its agents or employees, hereto. This Intergovernmental
Agreement embodies all agreements between the parties hereto and there are no promises,
terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
9. No Waiver of Immunity
No portion of this Intergovernmental Agreement shall be deemed to constitute a waiver of
any immunities the parties or their officers or employees may possess, nor shall any
portion of this Intergovernmental Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this
Intergovernmental Agreement.
10. Records Maintenance
The Greeley Housing Authority shall maintain a complete file of all records, documents,
communications, and other materials that pertain to the operation of the County Housing
Authority or the delivery of services under this Intergovernmental Agreement. These
records shall be maintained according to generally accepted accounting principles and
shall be easily separable from other Greeley Housing Authority records. Records shall be
maintained by the Greeley Housing Authority for six (6) years, plus the current year, and
be made available to Weld County and the County Housing Authority for six (6) years
after termination of this Agreement.
11. Representatives
For purposes of this Intergovernmental Agreement, individuals identified below are
hereby designated representatives of the respective parities, Either party may from time to
time designate in writing a new or substitute representative(s):
Page 6 of 8 Pages
For County Housing Authority: For Greeley Housing Authority:
Don Warden, Finance Administrator Tom Teixeira, Executive Director
Name Title Name Title
12. Notice
All notices required to be given by the parities hereunder shall be given by certified or
registered mail to the individuals at the addresses set forth below. Either party may from
time to time designate in writing a substitute person(s) or address to whom such notices
shall be sent:
To County Housing Authority To Greeley Housing Authority
Chair _ Chair
Name Title Name Title
13. Litigation
The City of Greeley Housing Authority shall promptly notify the County Housing
Authority in the event of any actual litigation in which it is a party defendant in a case
that involves services provided under this Intergovernmental Agreement.
14. Termination
This Intergovernmental Agreement may be terminated at any time by either party giving
ninety (90) days written notice and is subject to the availability of funding.
15. No Third Party Beneficiary Enforcement
It is expressly understood and agreed that the enforcement of the terms and conditions of
this Intergovernmental Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Intergovernmental
Agreement shall give or allow any claim or right of action whatsoever by any other
person not included in this Intergovernmental Agreement. It is the express intention of
the undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Intergovernmental Agreement shall be an incidental
beneficiary only.
16. Disclosure of Potential Conflict of Interest
The parties acknowledge and hereby disclose that one of their Board members is on each
Board and that such joint membership may be deemed to be a conflict of interest. The
Page 7 of 8 Pages
parties further acknowledge that such member shall disclose such potential conflict of
interest to the Colorado Secretary of State, pursuant to the requirements of C.R.S. § 24-
18-110; however, such member shall disqualify himself from participating in any official
actions taken by either Board regarding any dispute which may arise between the parties
with respect to the terms of this Agreement.
SIG D the ate nd s r set forth above.
ATTEST: ►,'� � 'T � WELD COUNTY HOUSING AUTHORITY
CLERK TO THE BOA'S'
(.1;e0
BY: Cli/li in BY: ( . / &
Deputy Clerk to t "F'7h./N1
t W. H. Webster, Chair Protem (132/28/93)
ATTEST: CITY OF GREELEY HOUSING
AUTHORITY �j�
BY: / +w f�. BY: �"�-
Thomas Teixeira, Secretary Dale K. Hall , Chair
Page 8 of 8 Pages
EXHIBIT "A"
ADMINISTRATIVE PLAN
SECTION 8 EXISTING CERTIFICATE AND VOUCHER PROGRAM
SECTION 8 FAMILY SELF-SUFFICIENCY PROGRAM
HOME RENTAL REHABILITATION PROGRAM
WELD COUNTY HOUSING AUTHORITY
315-B 11th Avenue
P. O. BOX A
GREELEY,CO 80631
Prepared by James M. Sheehan
Executive Director
Approved by the Weld County Housing Authority Board of Commissioners
July 27, 1998
Adopted by the Weld County Commissioners
September 1, 1994
TABLE OF CONTENTS
I. STATEMENT OF OVERALL APPROACH AND OBJECTIVE 3
11. APPLICABLE FEDERAL REGULATIONS 4
r
111. APPLICATION PROCESS 4
IV. ELIGIBILITY DETERMINATION 4
V. WAITING LIST AND PROGRAM PREFERENCES 6
VI. WAITING LIST PURGING POLICY 10
VII. BRIEFING FAMILIES AND ISSUING CERTIFICATES 10
VIII. UNIT AND LEASE APPROVAL 12
IX. TOTAL TENANT PAYMENT, SECURITY DEPOSIT AND UTILITY REIMBURSEMENT 13
X. HOUSING ASSISTANCE PAYMENTS 13
XI. INFORMATION AND ASSISTANCE FOR PARTICIPATING FAMILIES 13
XII. REVIEWING FAMILY CHARACTERISTICS,RENT,UTILITIES AND
HOUSING QUALITY STANDARDS . 14
XIII. PAYMENT STANDARD FOR HOUSING VOUCHERS 14
XIV. TERMINATION AND FAMILY MOVES 15
XV. DENIAL OF CERTIFICATES f 16
XVI. CLAIMS, REIMBURSEMENT, COLLECTIONS 17
XVII. MUTUAL RECISION OF A LEASE 19
XVIII. COMPLAINTS AND APPEALS 19
XIX. MONITORING PROGRAM PERFORMANCE 21
XX. SECTION 8 AUDIT AND OPERATING RESERVE POLICY 22
2
I. STATEMENT OF OVERALL APPROACH AND OBJECTIVE
The following policies as adopted by the Weld County Housing Authority Board regulate the
administration of the four(4)rental assistance programs listed below. This plan is intended to he flexible
and to best serve the needs of the public within our jurisdiction.
A. Our primary objectives are as follows:
•
1. To provide an opportunity for very low income persons, including elderly,handicapped
and minority groups to occupy decent, safe and sanitary housing.
2. To help assisted families achieve their self sufficiency.
3. To help stabilize existing housing by promoting housing rehabilitation of owner
occupied as well as rental housing.
4. To promote affordable,decent, safe and sanitary housing within our jurisdiction of Weld
County.
B. We intend to accomplish these objectives through the administration of the following programs'
1. HUD Section 8 Certificate Program;
2. HUD Section 8 Voucher Program;
3. HUD HOME Rental Rehab Program;
4. Weld County Housing Authority Family Self Sufficiency Program
C. The Weld County Housing Authority will assess the housing needs of individuals and
communities of the county on an on-going basis and will take steps through the submission of
future applications to address identified needs.
D. The Weld County Housing Authority will administer the Section 8 Program in a manner that will
ensure consistent and fair treatment to all persons . The Housing Authority will not discriminate
in the treatment and any applicant or participant because of race,religion, color, national origin,
creed,sex, age, or handicap or familial status. The Housing Authority is bound by the
nondiscrimination requirements of Federal, State, or local law. The Weld County Housing
Authority will abide by the nondiscrimination requirements of:
1. Title VI of the Civil Rights Act of 1964,which prohibits discrimination based on race,
color, or national origin in programs receiving Federal financial assistance;
2. Fair Housing Act of 1988 24 C.F.R. Section 100.50, 108, 109 and 110 which prohibits.
discrimination based on race, color, religion,national origin sex,handicapped status or
familial status in the sale rental, or advertising of housing.
3. Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination based on
handicap in programs receiving Federal financial assistance; and
4. The Age Discrimination Act of 1975, which prohibits discrimination based on age in
programs receiving;
II. APPLICABLE FEDERAL REGULATIONS
HUD Regulations Part 882; Section 8 Housing Assistance Payments Program-Existing Housing, Part
813; "Definition of Income Limits, Rent and Reexamination", Part 888; "Section 8 Existing HAP
Contract Rental Annual Adjustment Factors, Part 812; "Definition of Family" and Fair Market Rent
Schedules, as well as all HUD required forms will be applied in the administration of the Section 8
Certificate Program. The Section 8 Voucher Program is regulated per 24 C.F.R. Part 887.
•
111:APPLICATION PROCESS
A. Tenant Application.
•
Applications may be requested by telephone or may be requested by the applicant at our office
located at 315-B North 11 Avenue, Greeley, Colorado. All persons must submit a completed
application to be considered eligible for a Section 8 Certificate or Voucher. All applicants will be
informed of the Housing Authority's local preferences at the time of application.
B. The Housing Authority Board may determine to suspend the acceptance of applications when the
list grows to the point where a family cannot expect to be issued,either a Certificate or a Voucher
within twelve months. In accordance with HUD regulations WCHA provides public notice of the
suspension of the acceptance of applications and the effective date of that suspension by
newspaper publication. In addition, county referral agencies will be concurrently notified of the
suspension of the acceptance of application.
IV. ELIGIBILITY DETERMINATION
A. Once an application is received by WCHA, the eligibility of the applicant will be
determined through our verification process. All applicants must sign an authorization
form to verify any and all information pertinent to their eligibility determination. (#3).
1. Assets: assets/resources of applicants and household members will only be verified by a
third party source. Acceptable documents:
a. Bank statements
b. Assessors statements
c. Copies of asset documents
d. Weld County case file records
2. Income: Acceptable documents:
- a. TPQY(Social Security and SSI)
b. Public Assistance Payroll data showing amount,name of payee and warrant
date.
c. Copy of check stubs
d. Statement from employer
e. Statement from assistance agency
f Idex, (wage data, UI, work comp.)
4
g. Self employment records
3. Child Care: Acceptable documents:
a. Statement from provider
b. Statement from social service agency
c. Copies of endorsed checks. •
4. Medical expenses:Acceptable documents:
a. Statement from provider
b. Copies of cancelled checks
c. Copies of policies for health insurance
5. Attendant care: Acceptable documents:
a. Copies of cancelled checks
b. Statements for service providers
B. Applicants must meet the following criteria:
1. Two or more persons who have a family type relationship; or
2. A single person who is:
a. Eligible by age (62 or over) to receive old age
benefits under Title II of the Social Security Act; or
b. Handicapped within the meaning of Section 202 of the Housing Act of 1959; a
handicapped person is one who has a physical or mental impairment which:
1. is expected to be of long continued and indefinite duration,
2. substantially impedes his/her ability to live independently; and
3. is of such a nature that such disability could be improved by suitable housing
conditions.
c. Displaced by governmental action or when his or her dwelling has been extensively
damaged, and recognized as a Federal Disaster(If an applicant claims displacement
status, the applicant shall provide documentation to confum the displacement); or
d. Disabled within the meaning of Section 223 of the Social Security Act or Section 102
(b)(5) of the Developmental Disabilities Services and Facilities Construction
Amendments 1970 or meeting the disability definition of the State Aid to the Needy
Disabled Program(AND)
1. a single pregnant woman,
2. any single individual who does not meet the above definitions
S
3. Remaining member of a tenant family.
C. The family must meet the criteria for a Very Low Income Family. In order for a family to
qualify for the Section 8 Program,the family's annual income may not exceed 50%of the median
income as determined by HUD for the area (#4).
•
1. An exception to the Very Low income rule applies to lower income families displaced by
rental rehabilitation action under 24 CFR Part 5'11. A lower income family in a rental
rehabilitation project that is forced to vacate as a result of physical construction, housing
overcrowding or a change in the use of the unit is considered displaced; or
2. The family has been continuously assisted under the 1937 Act.
D. Approval/Denial Process: Once the eligibility of the household has been determined:
1. Ineligible households will be notified in writing as to the status of their application and
reason for denial (#5). A denied applicant may request and receive an informal hearing
with the Executive Director serving as hearing officer. (See Procedures for Conducting •
Informal Hearings). Should the applicant disagree with the decision of the hearing
officer,the applicant may appeal to the Board of Commissioners of the Weld County
Housing Authority.
2. Eligible applicants will be notified in writing of their eligibility for the Section 8
Program(#6) and be placed on the waiting list and be provided with an approximate date
when a Certificate/Voucher will be available. Applicants will be advised,that placement
on the waiting list is no assurance that they will be eligible when formal eligibility is
determined, at the time of the issuance of a CertificateNoucher.
V. WAITING LIST AND PROGRAM PREFERENCES
Priority Status. As indicated in Section c(1)(b), eligible applicants on the waiting list will be offered a
certificate or voucher on a first come first serve basis based on the following policy:
1. Residents of our jurisdiction shall receive local preference in the issuance of Vouchers or
Certificates. Applicants who are working or have been notified that they are hired to
work within our jurisdiction shall be considered as meeting the residency criteria.
Residency shall not be based on any length of time;however, the applicant must meet the
residency criteria at the time of issuance of the Voucher or Certificate in order to be
considered for this preference. Applicants who are homeless in Weld County will be
construed as meeting the residency requirement.
2 Families in which the head or spouse has maintained employment of 20 hours per week
or more, for nine out of the past twelve months, will receive an additional preference.
6
B. Preference ranking system
1. All applicants for the Section 8 Existing Program will receive a ranking point score based
on the following system:
•
Flood/fire/eminent domain displacement--additional 10 points
Domestic Abuse displacement--additional 5 points
Homeless Family-- additional 5 Points
Condemnation-- additional 15 Points .
Residents of our jurisdiction--additional 6 Points
Persons selected for participation in the
Weld County NEW DIRECTIONS PROGRAM-3 additional Points
Employment status-- 5 additional Points
Disabled/Handicapped/Elderly--5 points
Other than above 0 Points
2. Applicants with the highest ranking score will be issued a CertificateNoucher first. After
consideration of the preferences stated here, time and date will be the factors in
determining order of admission. A•family may certify that they are eligible for any or all
preferences at the time that they complete the application or any time thereafter
Section VI. WAITING LIST PURGING POLICY
A. The Section 8 waiting list will be purged periodically to indicate an accurate level of
interested applicants by the following methods.
1. Periodically,the Housing Authority will send letters to applicant households to
determine if they are still interested in remaining on the waiting list(#7). The
intent of this policy is to ensure that the waiting list represents an accurate
indicator of families who are truly interested in participating in the program. If
an applicant household does not respond to the letter within thirty(30) days or if
the letter is returned as undeliverable based on the most current address provided
by the applicant, the applicant is removed from the waiting list. Before a disabled
person is removed from the waiting list,every effort will be made to contact the
applicant based on information provided on his/her application to determine their
continued interest in participating in the Section 8 program. If it is determined
that an applicant did not respond to the Housing Authority's request for
information or updates because of the family member's disability,the Housing
Authority will reinstate the applicant in the family's former position on the
waiting list.
2. If an applicant is notified that a certificate/voucher is available,he must respond
to the notice within ten (10) days of the mailing date. If we do not receive a
response,the applicant will be removed from the waiting list unless extenuating
circumstances prevailed which prevented the applicant from notifying our office.
The Executive Director will determine if the reason(s) for the applicant is (are)
acceptable.
•
3. Applicants who are issued a Certificate or Voucher and do not submit a Request
for Lease Approval for an eligible unit within the allowed sixty(60) day period
and do not ask for or are not approved for an extension of time,will be removed
from the waiting list. Any such households must reapply for the program.
VII Briefing Families and Issuing Certificates/Vouchers
A. All families who are offered a Certificate or Voucher will be required to attend a briefing session
detailing the key provisions of the Section 8 Certificate or Voucher Programs. Families who do
not attend briefing sessions will not be issued a Certificate/Voucher. Briefing sessions will
address the responsibilities of the family as well as requirements outlined in 882.109 B 1-10.
Items to be addressed include:
1. How they go about fording a unit
2. Finders keepers policy
3. The Fair Market Rent, Total Tenant Payment,Utility
4. Allowances, Tenant Payment
5. How to recognize discrimination •
6. Responsibilities under the lease
7. Lead based paint hazards
8. Security deposit provisions
9. Reporting changes and reimbursement policy
B. If an applicant is determined to have difficulty in locating a unit, assistance can be arranged either
through the housing authority staff or a referral source. As part of the certificate/voucher issuing
process, clients are required to sign a form delineating their responsibilities under the Section 8
Program.
C. Participants of the Voucher Program will be briefed on the distinctions between the two
programs. In addition to the items outlined in 882.209 B 1-10, participants will be briefed on the
following:
1. Expiration of housing vouchers
2. Portability
3. Shopping Incentives
8
4. Minimum Total Tenant Payment
5. Determination of HAP
6. Function of the Applicable Payment Standard
D. As part of the briefing procedure certificate/voucher holders will be provided a "packet" of
written material as outlined in Section 882.109 b 1-10 and 887.161,respectively. The packet, in
addition to the above shall contain a listing of properties rehabed through the Rental
Rehabilitation program. The Weld County Housing Authority reserves the right to over-issue
Certificates and/or Voucher based upon the lease-up experience of the program and also
consistent with the budget authority and regulations governing the program(s). Outstanding
Certificates/Vouchers will be honored on a first come first serve basis consistent with this policy.
CertificateNouchers holders affected by this policy will be placed back on the waiting list and
will be reissued the next available CertificateNoucher on a first come first serve basis.
E Extension of Certificate or Voucher
1. Families will be allowed sixty(60) days to locate a unit. Families who do not
find a unit prior to the 60 day period are required to submit a written request for
an extension. This request must contain an accurate explanation of why they
were not successful in locating a unit. An extension will only be approved if
extenuating circumstances existed which prevented them from finding a unit.
The Houisng Authority Director will determine if the reason(s) for the inability
to locate a unit warrant extending the Certificate or Voucher time. No
certificate/voucher holder will be approved for an extension if they have not
advised our office prior to the expiring of the certificate/voucher of their
difficulties in locating a unit. If a family needs and requests an extension of the
initial certificate/voucher as a reasonable accommodation to make the program
more accessible and usable by a family member with disabilities, the Housing
Authority must extend the certificate/voucher up to 120 days from the beginning
of the initial term.
F. Occupancy Standards
1. As a policy,the Weld County Housing Authority will issue the minimal size of
CertificateNoucher. The following standards shall govern the issuance of
certificate/voucher size.
CERTIFICATE/VOUCHER SIZE NUMBER OF PERSONS
One Bedroom Maximum 2 persons
Two Bedroom Maximum 4 persons
Three Bedroom Maximum 6 persons
Four Bedroom Maximum 8 persons.
2. Applicant flexibility on unit size actually selected for Rental.
a. Larger-Sized Units: The family may select a larger sized unit provided that the gross
rent does not exceed the Fair Market Rent for the certificate size assigned. Under the
9
Voucher program the maximum subsidy may not exceed the Payment Standard based on
the Voucher size.
b. Smaller Sized Units: The family may select a smaller unit than assigned on the
Certificate/Voucher as long as there is at least one bedroom or living/sleeping room for each
two persons in the household.
c. In some cases,the relationship,age, sex or handicap of the family may warrant the
assignment of a larger unit size than that which would be assigned under the above
occupancy standards. The Executive Director will make the final determination to issue a
larger size CertificateNoucher based on Housing Authority policy.
VIII. UNIT AND LEASE APPROVAL
A. Housing Quality Standards.
1. The WCHA will be using the Acceptability Criteria as outlined in 24 C.F.R, 882.109 for
the Certificate Program and 24 C.F.R. 251 for the Voucher Program. HUD form HUD
52580, "Dwelling Unit Inspection Report Booklet" serves as the documentation vehicle.
Mobile home pad rent is not an eligible item under the Housing Voucher Program.
2. Single room occupancy housing will not be approved at this point under the voucher
program_
B. Lease Approval •
1. Once a family finds a unit which passes the required inspection, a lease may.be approved.
Approval involves ensuring that the contract rent is reasonable and not above the fair
market rents,unless an exception is approvable by HUD regulation. It includes ensuring
that the term is at least one (1)year,but not more than the ACC expiration date;that it
• includes required provisions in HUD regulation, Part 813, Appendix VII. The owner
may not terminate the tenancy during the first year except for family malfeasance or
nonfeasance.
2. After the WCHA approves a lease, an explanation of the HAP Contract must be provided
to the family and owner with careful attention given to outlining the responsibilities of
each party. Although the rent reasonableness test and the fair market limitation does
not apply to the Housing Voucher Program,the Housing Authority will advise the family
if the rent charged for unit located under the Voucher Program is reasonable in relation to
comparable units and must,if requested assist the family in negotiating a reasonable rent.
We will determine the reasonableness of the rent by comparing it to the previous rent of
the same unit,to rents of other units in the building, and to our general experience with
rents in the area in order to meet the Rent Reasonableness requirement of the Certificate
Program.
Section VIII UNIT AND LEASE APPROVAL
B. Lease Approval
•
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3. Rent Reasonableness
No unit may be approved unless the rent is determined reasonable. The
following factors must be considered in determining a reasonable rent:
(1) The location, quality, size, unit,type and age of the rental property;
(2) Any amenities, housing services, maintenance, and utilities provided
by the owner in accordance with the lease. The comparable rent shall be
documented in the case file of the participant and updated based on the
most current rent. At no time shall the rent be approved if the rent
exceeds rent for comparable assisted/unassisted units.
4. Portabilility
A. If the Certificate/Voucher Holder resident of our jurisdiction;the
family/individual may receive assistance as follows:
(1) In the jurisdiction of a housing authority anywhere in the United
States that administers a tenant based program;
B. If the Certific:ate/Voucher Holder of the household is a non-resident of
•
our jurisdiction, the family/individual may not receive assistance outside
the jurisdiction of the housing authority within the first 12 months of the
initial tenancy unless they can provide documentation that they will be
employed a minimum of 32 hours per week or more in the jurisdiction of
the receiving PHA.
C The Housing Authority may disapprove portability in accordance with
WCHA damage reimbursement policy.
IX. TOTAL TENANT PAYMENT, SECURITY DEPOSIT AND UTILITY REIMBURSEMENT
A. The total tenant payment for the Section 8 Voucher and Section 8 Certificate Program will be
calculated using current HUD guidelines.
B. Families participating in the Section 8 Certificate or Voucher Program will be required to pay a
security deposit when they move into a unit. The security deposit will be the greater of thirty
percent of monthly adjusted income or 550.00,whichever is greater. If the tenant is living in the-
unit prior to the issuance of the Certificate/Voucher, the deposit paid initially by the family may
not be less than required under provisions of the Section 8 program.
C. If the Total Tenant Payment is less than the utility allowance provided to the family, the
difference will be sent to the family or if the family wishes, to the utility company/primary heat
provider. If they choose to have the payment sent directly to themselves and are subsequently
11
"shut off' the unit will then be considered substandard and housing assistance will be terminated
per HUD rules.
X. HOUSING ASSISTANCE PAYMENTS
A. The payment process involves calculating the payment amount, preparing and delivering checks,
and setting up accounting and audit procedures to insure correct payments. Prompt payment is
essential for maintaining owner support. The system will also respond to change in the Total
Tenant Payment,rent,utilities, and special allowances.
B. The Executive Director will check the accuracy and timeliness of payment. A systematic
accounting procedure will be established with the assistance of the Weld County Accounting
Office. In addition, the payments will be mailed prior to the actual rental due date to insure
prompt payment. No payments will be issued unless an active contract is in effect. Payment will
be produced within 10 day of the approval of a new contract. On-going HAP payments and
utility reimbursement payments will be mailed prior to the first day of the month.
XI. INFORMATION AND ASSISTANCE FOR PARTICIPATING FAMILIES
We acknowledge that some of the participating families experience ongoing non-housing as well as
housing problems. Our agency,meets on a monthly basis with service providers to ensure coordination
of services. Moreover,due to the physical location of the Housing Authority,being in the Social Services
building, this also permits coordination with the social service network. The Weld Information &
Referral Services and the Greeley Transitional House have agreed to provide case-management Services
to former homeless clients who have been assisted through the Section 8 Program.
•
XII. REVIEWING FAMILY CHARACTERISTICS,RENT, UTILITIES AND HOUSING
QUALITY STANDARDS
A. Family income composition and extent of medical and unusual expenses will be reviewed
•
annually for all program participants. Changes in family characteristics may affect eligibility for
the program as well as amounts of Total Tent Contribution and HAP payments, and whether the
housing quality requirement for unit/size is being met. If changes in family composition and/or
income occur during the one year certification period,families are required to notify the Housing
Authority within thirty(30) days. Although Section 8 Participants are required to report all
changes which could effect eligibility and/or payment amount, an interim recertification will not
be instituted unless the payment would be increased by $10.00 per month. Households reporting
zero income are required to complete and return a monthly status report (MSR#8). Housing
quality inspections will be made annually or more often, when necessary, depending upon
complaints from participants. If a unit is reinspected either during a monitoring inspection or an
annual inspection and fails to meet the Housing Quality Standards, the owner of the unit is
notified of the deficiencies and is provided a maximum of thirty(30) days to correct the
deficiencies. If the owner does not correct the deficiencies within the required time, the Housing
Assistance Contract will be terminated.
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B. A family continuing in the program,who requests a new CertificateNoucher,will be issued a
Certificate/Voucher of the appropriate size, at the appropriate time, depending upon the program
the family is participating in:
1. Participating families needing a different Certificate size in order to be in compliance
with occupancy standards as outlined in these policies will be given preference for the
appropriate size over families on the waiting lisrt.
2. Participating families needing a different size Voucher will be given the appropriate size
Voucher at the next annual reexamination or at the time the family moves.
C. Upon request by the owner,rents may be increased in proportion to the increase in annual
adjustment factors published in HUD's annual review of rent. Special adjustments for general
increases in costs of utilities and services beyond the increase in fair market rents may be
requested by the owner and must be approved by HUD. The Weld County Housing Authority
excises the option to issue a new Certificate to a family when the contract rent requested by the
owner/landlord exceeds the applicable Annual Adjustment Factor. Increases in rent at the
expiration of the lease under the Housing Voucher Program are not subject to the annual
adjustment limitations. The schedule of allowances for utilities and services must also be
reviewed at least once a year and changed as rate increases occur.
Section XIII. PAYMENT STANDARD FOR HOUSING VOUCHERS AND
CERTIFICATE OVER FAIR MARKET RENT TENANCY
A. The Initial Payment Standard will be the Section 8 Certificate Fair Market Rent.
The WCHA will establish an Adjustment Standard schedule based on private
rental conditions consistent with the program budget authority. An adjustment
standard will not be adopted more than twice in a five year period. The Housing
Authority shall establish the Payment Standards for the Voucher Program. The
Payment Standard will be no more than the current Fair Market Rent under the
Section 8 Certificate Program,nor less than 80 percent of the current Fair Market
Rent. The Payment Standard shall be reviewed on an annual basis and the
Payment Standard shall be modified to reflect the current market for decent, safe
and sanitary rental housing.
B. The Housing Authority may approve a gross rent under the provisions of
an Over-FMR Tenancy upon request from a participating family under the
following criteria: •
1. The number of Over-FMR Tenancy approvals may not exceed
10% of the Certificates under the HUD approved budget of the
Housing Authority.
•
13
•
2. Prior to approval, the Housing Authority staff will meet with the
family to determine what the family can reasonably pay in rent,
based on the family's expenses. No Over-FMR rent will be
approved unless it is mutually determined by the family and the
Housing Authority that the family can pay a reasonable portion of
their income toward the rent.
4. A request for an Over-FMR Tenancy must be approved if the
approval permits reasonable accommodation so that the program is
readily accessible to and usable by persons with disabilities .
3. For Families other than those needing approval based on
reasonable accommodation for persons with disabilities,
preference for Over-FMR Tenancy approval shall be provided to
the following categories:
(1) Large families needing over three bedrooms based on
occupancy standards; or
(2) Families who are employed may obtain approval of an
Over-FMR Tenancy if the location of the home will
alleviate a transportation problem to better access work or
services to continue to work, if no access to public
transportation exists.
XIV. TERMINATION AND FAMILY MOVES
A. Participating families who wish to move and who do so in compliance with their lease, and who
secure agency approval of a new lease, will continue to receive assistance through negotiation of
a HAP contract with the new owner. Families issued a Certificate/Voucher who move from the
program area or become ineligible, and owners who do not comply with the HAP contract, will
be terminated from the program.
B. Owners may evict families who violate their lease in compliance with program rules.
C. Voucher and Certificate holders who choose to take advantage of the Portability Provisions will
be briefed on the procedures for relocating to another jurisdiction. All portable Voucher and
Certificate holders must notify the Housing Authority of where they wish to move. The Housing
Authority will contact the PHA having jurisdiction in the area chosen by the Voucher or
Certificate holder to:
1. Determine whether the receiving PHA operates a housing Voucher program or Certificate
Program,
14
2. Determine if the Receiving PHA operates a housing Voucher or Certificate program,
whether they wish to issue their own voucher or to administer the housing voucher or
Certificate for WCHA,
3. Verify that the family meets the income eligibility requirements, and;
4. Confirm that the family has been issued a housing Voucher or Certificate and the
expiration date. Expiration dates will not be extended for portable housing Certificate
and Voucher holders.
D. WCHA will reimburse the Receiving PHA for administrative functions at the rate of 80% of our
administrative fee for each unit. WCHA will provide reimbursement of the housing subsidy paid
on behalf of an eligible family upon receipt of an invoice from the Receiving PHA. Voucher and
Certificate holders will not be authorized to move more than once in twelve months consistent
with their lease.
•
E. As a receiving PHA, WCHA will perform all functions appropriate to our own Certificate and
Voucher holder in addition to:
1. Notifying the initial PHA of the amount of subsidy paid
2. Notifying the initial PHA if the family has not submitted a Request for Lease Approval
by the expiration date
3. Bill the initial PHA for the housing subsidy paid on behalf of a family
4. Notify the initial PHA for 80%of the initial PHA's administrative fee for the unit
5. Notify the initial PHA when a family terminates from the program.
F. No family may move to another jurisdiction unless they have lived in our jurisdiction for more
than 12 months. Families may be denied portability in accordance with WCHA damage
reimbursement policy. If a tenant family is terminated for twelve(12)months or more,the family
must reapply and if eligible will be is placed at the end of the waiting list. They are offered a
certificate/voucher when their name reaches the top of the list,but only if they do not owe any
reimbursement for damages,unpaid rent or vacancy loss. If they are terminated for less than one
year,they may be recertified at the discretion of the PHA,whenever a certificate/voucher is
available,provided there are no reimbursements due to the Housing Authority. Regardless of
whether they have been off of the program for less than twelve months and are being reinstated or
if they have reapplied, no client will be issued another Certificate or Voucher unless they have
paid off any claim paid on their behalf
G. Families will be reminded every year at recertification time of their responsibility to give proper
notice of their intent to move.
H. Tenants who wish to move to another unit must provide proper notice before terminating. Tenants
who wish to move to another unit and continue assistance through the Section 8 existing program
must participate in the move-out inspection of their unit from which they are movine. Any
15
participant who refuses to participate in the move-out inspection without good cause, as
determined by the Executive Director,may be denied a certificate or voucher.
XV. DENIAL OF CERTIFICATES AND VOUCHERS
A. An applicant will be denied a Certificate/Voucher in the following circumstances:
1. If the family owes money to the Weld County Housing Authority or to another PHA in
connection with the Section 8 Program or the Low-rent Public Housing Program.
•
2. If the family executed a payback agreement for amounts owed under the above
mentioned housing assistance programs and failed to reimburse our agency or another
PHA.
3. If the applicant is guilty of fraud in connection with any federal housing program.
4. If the family has violated any obligation relative to the Housing Authority during a
previous participation in the Certificate/Voucher Program.
B. A Participant may be denied a new Certificate/Voucher if the family wishes to move with
assistance under the following circumstances:
I If the participant owes money to the Housing Authority or any other PHA in connection
with the Section 8 Program or the Low-rent Public Housing Program.
2. If the participant breached an agreement to pay back amounts owed to the housing
Authority for payments made on behalf of the family to an owner in the
Certificate/Voucher Program.
3. If the family committed fraud in connection with any Federal Housing Program.
4. If the participant failed to meet any Family obligations under the program.
5. If the participant fails to pay the landlord the portion of a damage claim not reimbursed
by the Housing Authority.
C. A participant may be terminated from the Section 8 Certificate/Voucher Program under the
following circumstances:
I. If the participant has committed fraud in connection with any Federal housing assistance
program.
2. If the participant violated any family obligations in the Certificate/Voucher Program.
3. If the participant no longer qualifies for the program. •
4. If the family breaches an agreement any agreement with the Housing Authority.
16
IN ANY OF THE ABOVE CASES, THE APPLICANT OR PARTICIPANT WILL BE NOTIFIED OF
THE THEIR RIGHT TO AN INFORMAL HEARING, IN ACCORDANCE WITH THIS PLAN.
XVI. CLAIMS, REIMBURSEMENT, COLLECTIONS
A. Damage Claims on Assisted Units:
The Weld County Housing Authority shares an on-going concern for tenants who continue to
cause damage to rental property while a participant of our Section 8 programs. To address this
concern, an tenant who has caused damages to an assisted unit and for which the Housing
Authority has made a reimbursement payment to a landlord,will be required to reimburse the
Housing Authority for any such claims. If the claim exceeds the maximum amount that the
Housing Authority may pay the landlord, the participant must pay the remaining portion to the
landlord. If the participant refuses or defaults in the payment of any reimbursement,the
participant may be subject to legal proceedings and/or termination from the program at the end of
their tenancy at their current residence. The maximum amount of time allowed to make
reimbursement to WCHA is twelve(12)months. For any participant for which we have paid out a
damage claim, a special monitoring inspection will be conducted on a quarterly basis. A report of
the inspection will be provided to the landlord. If damages are identified in the report, the
landlord will be advised that he/she must attempt to collect from the tenant by allowing the tenant
fourteen(14)days to make the payment. If he is unsuccessful in collecting from the tenant a
claim may be filed with the Housing Authority,however the landlord will not be reimbursed until
the tenant vacates the unit.
I. Under the Housing Voucher Program, owners will not receive a payment for vacated
units.
•
2. Filing of Claims
a. Move out inspections,through the Housing Authority are available for any vacated
unit to insure that damages claimed by the owner are legitimate. Owners who plan to
submit claims for damages must have the unit inspected to ascertain the extent of
damages. If a unit is not inspected,the owner forfeits any claim against the Housing
Authority. Claims must be filed with the Housing Authority in a timely manner consistent
with State law. If the landlord does not comply with State law,the amount of security
deposit collected from the tenant will be deducted from the claim. No claims for
damages will be considered after sixty (60)days from move-out date.
b. Assistance is provided by the Housing Authority for filing any claim. Before a claim_
may be filed, the owner shall provide actual costs of required repairs, as confirmed
through the move out inspection, and evidence of billing to and nonpayment by the
family. The tenant must be allowed an opportunity to pay the damages/claim within two
calendar weeks (14 days). If the tenant does not agree with the costs charged he/she may
request an informal hearing between themselves and the owner with the Executive
Director acting in the capacity of hearing officer.
17
3. Reimbursement of Claims
a. Reimbursement for damages and/or unpaid rent will not exceed two (2) months
contract rent, for the Certificate program and one month through the Voucher program,
less the security deposit required at the initial execution of the lease and Housing
Assistance Payments Contract. Landlords/Owners may not claim reimbursement for
unpaid rent or other tenant charges , including reimbursement of utilities of more than
two months. The payment of these charges are assumed to be an obligation of the tenant.
If the tenant does not pay their contribution or provide reimbursement for utility charges,
as specified in the lease , it is assumed that the landlord/owner has the right to evict the
tenant.
•
4. Vacancy Loss
a_ Through the Section 8 Certificate Program,the owner shall receive 80%of the contract
rent for a vacancy period not exceeding one additional month,or the expiration of the
lease whichever comes first. If the tenant does not provide proper notice prior to vacating
a unit an owner will not be entitled to any payment unless the owner:
1. Immediately upon learning of the vacancy,has notified the Housing Authority
of the vacancy.
2. Has taken and continues to take all feasible action to fill the vacancy.
3. Has not rejected any eligible applicant except for grounds acceptable to the
Housing Authority. Again,vacancy loss is only available through the Certificate
program and is not available through the Voucher program.
XVII. MUTUAL RECISION OF A LEASE
•
A. When an owner and a family wish to release one another from the lease prior to the end of the
term, a mutual recision can be negotiated between the two parities (#9). Such an agreement
would have to be approved by the WCHA and would have to include the following:
1. Date_of recision of the lease
2. The understanding that the Housing Assistance Payments will cease as of the date of
mutual recision
3. That the owner agrees to relieve the PHA of any responsibility under the Security
Deposit and Vacancy Loss sections of the Housing Assistance Payments Contract.
4. That should the family remain in the unit beyond the effective date of the recision, the
family is solely responsible for rent or other charges due.
XVIII. COMPLAINTS AND APPEALS
le
The Weld County Housing Authority will provide an opportunity for an informal hearing to either an
applicant or a program participant based on eligibility issues. Families and owners may fmd fault with
•
appeal determinations made by our agency relating to such matters as eligibility and compliance with the
lease or HAP Contract. Any family or owner who does not agree with a determination may request an
informal hearing within ten (10) days after the mailing date of the notice advising them of the"action.
A. Applicant Hearings
r
1. Applicants may request an informal hearing to consider if decisions are consistent with
law, HUD rules or PHA policies. A hearing may be provided whenever an action is
taken regarding a decision denying assistance to an applicant, including a decision to
deny listing the family on the waiting list,or issuance of a certificate or voucher.
2. The Housing Authority is not required to provide an informal hearing for the applicant in
the following situations.
a. To review discretionary administrative determination by the Housing Authority.
b. To review a determination of number of bedrooms entered on the CertificateNoucher
under the standards established by the PHA.
c. To review a determination that a unit does not comply with Housing Quality
Standards or the determination and notto approve a lease for the unit.
d. To review a decision not to extend the term of a CertificateNoucher beyond sixty (60)
days.
B. Participant Hearings
•
1. Participants may request an informal hearing to consider if decisions are consistent with
law,HUD rules or PHA policies. The same hearing procedures as used for applicants
shall be used for participant hearings. At their own expense,the participant may be
represented by an attorney or other representative. A hearing may be provided under the
following circumstances:.
a. A determination of Total Tenant Payment or Tenant Rent.
b. A decision to deny or terminate assistance on behalf of the participant.
c. A determination that a family is living in a unit too large for the family based on PHA
standards,
d. .For families wishing to move to another unit, a determination of the
• CertificateNoucher size assigned to the family.
2. The Housing Authority is not required to provide an informal hearing to participants
under the following circumstances:
19
a. To review discretionary administrative determinations or consider general policies or
class grievances;
b. To review a determination that a unit does not meet HAS or that a unit does not have
sufficient bedrooms or the family size.
c. To review a determination to enforce a Contract provision against an owner, including
the abatement or termination of Housing Assistdnce Payments.
d. To review a decision not to approve an extension of a CertificateNoucher issued to a
family which wants to move.
C. Hearing Procedures
I. Participants will be notified of the action eleven (1 1)days prior to the proposed measures
taking effect. If the participant does not agree with the Housing Authority's
determination, the participant must notify that they wish to have a hearing within ten (10)
days of the mailing date of the notice of action. If the participant does not request the
hearing within the prescribed time period,then the action will be taken as proposed.
2. The applicant must request the hearing in writing within ten(10)days after the mailing
of the notice of action.
3. The hearing shall be conducted by an individual who has not been involved in the action
or an individual designated. Unless a conflict of interest exists,the Executive Director
shall serve as the hearing officer.
4. The hearing officer shall provide an explanation of the hearing process.
5. A housing Authority representative who was responsibility for the determination shall
provide the background of the case and the reasons and rules supporting the
determination.
6. The family representative shall be provided an opportunity to present their reasons why
they disagree with the determination.
7. Each party shall have a right to question the other.
8. The determination shall be based on evidence presented at the hearing.
9. After the hearing, a written determination shall be provided to applicant, stating the
reasons for the decision within two calendar weeks (14 days).
10. After the informal hearing process is completed and the appellant does not agree with the
decision of the hearing officer, the appellant shall be advised of his/her right to appeal to
the Commissioners of the Housing Authority Board.
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XIX. MONITORING PROGRAM PERFORMANCE
A. Our two main goals for assisting lower income families with their housing needs are to insure that
eligible families are indeed being served in decent, safe and sanitary housing and to meet the
requirements of the leasing schedule.
B. Failure to have all the HAP Contracts executed within the leasing schedule could be the result of
inability of families to find suitable housing because of
1. Inadequate briefing of families
2. Lack of units in the locale which meet the housing quality standards
3. Lack of owner understanding and cooperation with the program
4. Inaccuracy of fair market rent or,
5. Inappropriate scheduling of certificates in relationship to staff time.
C. Careful monitoring of program objectives and foresight in regard to potential problems of the
leasing schedule will be conducted continually.
D. The Executive Director of the WCHA will monitor the overall achievement of our leasing
schedule. It is the responsibility of the Executive Director to advise the WCHA of any of the
above issues which impede our progress in providing services to eligible families.
E. The Executive Director of the Housing Authority will monitor compliance with Housing Quality
Standards and client eligibility by selecting a random sampling of 5%of the units under contract
and performing both a reinspection of the respective units to assure that the units are indeed
meeting HUD Housing Quality Standards and a review of the case file. This process will take
place on a semiannual basis.
XX. SECTION 8 AUDIT AND OPERATING RESERVE POLICY
A. An audit in conformance with OMB Circular A-128 will be conducted covering all county
government annually. The Weld County Housing Authority is included in the comprehensive
audit. The cost of the audit attributable to the Housing Authority will be an obligation of the
Housing Authority.
B. Operating Reserve accumulated through the proceeds from the administrative fee of the Section 8
Certificate and Voucher program may be used for any statutory purpose as approved by the
Housing Authority Board. The Executive Director shall be responsible for assuring that adequate
funds are available for the effective administrative administration of the Section 8 Certificate and
Voucher Program. Operating Reserve expenditures for other housing purposes shall require the
prior approval of the Housing Authority Board.
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REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN
Based on new Section 8 regulations published April 30, 1998 it is recommended that we revise
our Section 8 Administrative Plan.
Revised Section 111. APPLICATION PROCESS
A. Tenant Application.
Applications may be requested by telephone or may be requested by the applicant at our
office located at 315-B North 11 Avenue, Greeley,Colorado. All persons must submit a
completed application to be considered eligible for a Section 8 Certificate or Voucher.
All applicants will be informed of the Housing Authority's local preferences at the time
of application.
Revised Section W. WAITING LIST PURGING POLICY
A. The Section 8 waiting list will be purged periodically to indicate an accurate level of
interested applicants by the following methods.
1. Periodically, the Housing Authority will send letters to applicant households to
determine if they are still interested in remaining on the waiting list(#7). The
intent of this policy is to ensure that the waiting list represents an accurate
indicator of families who are truly interested in participating in the program. If
an applicant household does not respond to the letter within thirty(30) days or if
the letter is returned as undeliverable based on the most current address provided
by the applicant, the applicant is removed from the waiting list. Before a disabled
person is removed from the waiting list,every effort will be made to contact the
applicant based on information provided on his/her application to determine their
continued interest in participating in the Section 8 program. If it is determined
that an applicant did not respond to the Housing Authority's request for
information or updates because of the family member's disability.the Housing
Authority will reinstate the applicant in the family's former position on the
waiting list.
Revised Section VII Briefing Families and Issuing Certificates/Vouchers
E Extension of Certificate or Voucher
I. Families will be allowed sixty(60) days to locate a unit. Families who do not
find a unit prior to the 60 day period are required to submit a written request for
an extension. This request must contain an accurate explanation of why they
were not successful in locating a unit. An extension will only be approved if
extenuating circumstances existed which prevented them from finding a unit.
The Houisng Authority Director will determine if the reason(s)for the inability
to locate a unit warrant extending the Certificate or Voucher time. No
certificate/voucher holder will be approved for an extension if they have not
advised our office prior to the expiring of the certificate/voucher of their
difficulties in locating a unit. If a family needs and requests an extension of the
initial certificate/voucher as a reasonable accommodation to make the program
more accessible and usable by a family member with disabilities. the Housing
Authority must extend the certificate/voucher up to 120 days from the beginning
of the initial term.
Revised Section VIII UNIT AND LEASE APPROVAL
B. Lease Approval
3. Rent Reasonableness
No unit may be approved unless the rent is determined reasonable. The
followine factors must be cgnsidered in determining a reasonable rent:
(I) The location, c ualit size, unit type and age of the rental property.
(2) Any amenities, housing services, maintenance, and utilities provided
by the owner in accordance with the lease. The comparable rent shall be
documented in the case file of the participant and updated based on the
most current rent. At no time shall the rent be approved if the rent
exceeds rent for comparable assisted/unassisted units.
4. Portabilility
A. If the Certificate/Voucher Holder resident of our jurisdiction.the
family/individual may receive assistance as follows:
(I) In the jurisdiction of a housing authority anywhere in the United
States that administers a tenant based program
B. If the Certificate/Voucher Holder of the household is a non-resident of
our jurisdiction,the family/individual may not receive assistance outside
the jurisdiction of the housing authority within the first 12 months of the
initial tenancy unless they can provide documentation that they will be
employed a minimum of 32 hours per week or more in the jurisdiction of
the receiving PHA.
C The Housing Authority may disapprove portability in accordance with
WCHA damage reimbursement policy.
Revised Section XIII. PAYMENT STANDARD FOR HOUSING VOUCHERS AND
CERTIFICATE OVER FAIR MARKET RENT TENANCY
A. The Initial Payment Standard will be the Section 8 Certificate Fair Market Rent.
The WCHA will establish an Adjustment Standard schedule based on private
rental conditions consistent with the program budget authority. An adjustment
standard will not be adopted more than twice in a five year period. The Housing
Authority shall establish the Payment Standards for the Voucher Program. The
Payment Standard will be no more than the current Fair Market Rent under the
Section 8 Certificate Program. nor less than 80 percent of the current Fair Market
Rent. The Payment Standard shall be reviewed on an annual basis and the
Payment Standard shall be modified to reflect the current market for decent, safe
and sanitary rental housing.
B. The Housing Authority may approve a gross rent under the provisions of
an Over-FMR Tenancy upon request from a participating family under the
following criteria_
1. The number of Over-FMR Tenancy approvals may not exceed
• 10% of the Certificates under the HUD approved budget of the •
Housing Authority.
2. Prior to approval. the Housine Authority staff will meet with the •
family to determine what the family can reasonably pay in rent,
based on the family's expenses. No Over-FMR rent will be
approved unless it is mutually determined by the family and the
Housing Authority that the family can pay a reasonable portion of
their income toward the rent.
4. A request for an Over-FMR Tenancy must be approved if the
approval permits reasonable accommodation so that the program is
readily accessible to and usable by persons with disabilities .
3. For Families other than those needing approval based on reason
able
accom
modati
on for
person
s with
disabili
ties.
rp efere
nce for
Over-
FMR
Tenanc
approv
al shall
be
provid
ed to
the
fo llowi
Lig
categor
ies
11) Large families needing over three bedrooms based on
occupancy standards: or
Families who are employed may obtain approval of an
Over-FMR Tenancy if the location of the home will
alleviate a transportation problem to better access work or
services to continue to work, if no access to public
transportation exists.
EXHIBIT "B"
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December 18 , 1998 EXHIBIT "C"
HOUSING AUTHORITY RENT
1, 600 square feet
$ - 10 . 00 per square
$1, 333 . 00 per month
Includes utilities, janitorial, and phone (basic) .
EQUIPMENT :
5 desks and credenzas
15 chairs
1 copier
1 hp laser jet 4 printer (HA06)
1 epson FX1050 printer (HA07) •
2 conputer stands -
5 Pcs (HA21, HA22, HA23 , HA24 , HA25, HA26)
3 IBM wheelwriter 2 typewriter
12 filing cabinets
1 78" cabinet
2 bookshelves
1 lateral file
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