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Summary of Revisions to the FY 2023-2024 Section 8 Housing Choice Voucher Administrative Plan
The Anaheim Housing Authority (AHA) is required to maintain an Administrative Plan (Plan) that details the policies and procedures governing how its Section 8 Housing Choice Voucher (HCV) program will be administered. Since the last revisions that went into effect in 2022, some sections of the Plan are currently being updated with new or modified policies.
This attachment reflects the revisions made to the Administrative Plan regarding the Section 8 HCV, Project-Based Voucher (PBV), and special purpose voucher programs. Summaries of the changes being made are listed below. For your reference, the revisions are listed under “Modified Language.”
Significant Amendment/Modification
In the FY 2020-24 Five Year PHA Plan, the AHA defined a significant amendment or modification to the PHA Plan is as a change in program policy including changes to rent, admissions policies, and organization of the waiting list or terminations. Exceptions to this definition will be made for changes that are adopted to reflect changes in U.S. Department of Housing and Urban Development (HUD) regulatory requirements or if such changes are adopted in response to a significant reduction in funding.
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CHAPTER 3: ELIGIBILITY
Chapter Section: 3-I.N. LIVE-IN AIDE
Subsection (if any): n/a
Description of Change:
Under current PHA policy, a family is required to request AHA approval to add a live-in aide to their household. The PHA would like to amend its existing policy to clarify live-in aide must be someone that would not otherwise be living in the unit except to provide the necessary supportive services to the disabled individual. The PHA would also like to clarify that marriages or filing domestic partnerships must be reported within 10 business days in order to change the live-in aide’s relationship status to spouse or cohead.
PROPOSED PHA ADMIN PLAN LANGUAGE:
PHA Policy
A family’s request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near-elderly, or disabled family member.
In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide (1) is not obligated for the support of the person(s) needing the care, (2) would not be living in the unit except to provide the necessary supportive services, (3) and understands they do not have any right to the voucher.
Under limited circumstances, a relative, except for a spouse or registered domestic partner, may be approved to be a live-in aide but they must meet all the stipulations in the live-in aide definition described above. In particular, a relative who previously was living in the unit and wants to become a live-in aide must provide documentation that they would not be living in the unit except to provide the necessary supportive services and is not obligated for the support of the persons. Additionally, the previous
PREVIOUS PHA ADMIN PLAN LANGUAGE:
PHA Policy
A family’s request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near-elderly, or disabled family member. In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide (1) is not obligated for the support of the person(s) needing the care, (2) would not be living in the unit except to provide the necessary supportive services, (3) and understands they do not have any right to the voucher.
The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
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.
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household member must have been residing elsewhere for at least twelve (12) months prior to being added to the household as a live-in aide. By definition, a current household member is not eligible to become a live-in aide.
A live-in aide may not become a member of the participant household unless a live-in aide marries, or files for a domestic partnership in the state of California with, the participant. At which time, the live-in aide will be given ten (10) business days to report the change to the PHA in order to be added to the household as a spouse or cohead. If the marriage or formal domestic partnership is not reported to the PHA within ten (10) business days, the family may be terminated.
An individual classified by the PHA as a live-in aide or guest when the sole family member passes away or vacates the unit is not entitled to the housing assistance voucher as a remaining member of the tenant family.
The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
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.
Within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request, the PHA will notify the family of its decision in writing.
Within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request, the PHA will notify the family of its decision in writing.
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CHAPTER 3: ELIGIBILITY
Chapter Section: 3-III.C. Other Permitted Reasons for Denial of Assistance Subsection (if any): Criminal Activity [24 CFR 982.553] Description of Change:
On June 10, 2022, HUD released the Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions Memorandum (“Memorandum”). The Memorandum provided recommendations on best practices for conducting investigations relating to criminal background screening information on applicants or tenants to prevent any violations of the Fair Housing Act. The PHA would like to amend its current policy to align with the best practices and suggestions stated in the Memorandum as its best effort to provide remove daunting barriers that individuals with a criminal history consistently face in obtaining and maintaining housing.
PROPOSED PHA ADMIN PLAN LANGUAGE:
HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity.
PHA Policy
[…]
Evidence of such criminal activity includes, but is not limited to the following, during the respective lookback periods:
Criminal convictions
Police reports or witness statements
Any record of eviction from public or privately-owned
housing as a result of criminal activity
Completion of Parole/Probation - any adult family member convicted of a drug related, violent, and/or other applicable criminal activity within the defined lookback period, prior to the date of eligibility determination, must have completed all the terms
PREVIOUS PHA ADMIN PLAN LANGUAGE:
HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity.
PHA Policy
[…]
Evidence of such criminal activity includes, but is not limited to the following, during the respective lookback periods:
Criminal convictions
Police reports or witness statements
Any record of eviction from public or privately-owned
housing as a result of criminal activity
Completion of Parole/Probation - any adult family member convicted of a drug related, violent, and/or other applicable criminal activity within the defined lookback period, prior to the date of eligibility determination, must have completed all the terms ATTACHMENT 1 Page 5 of 19
B.1 Revision of the PHA Plan Elements
of any related sentence including completion of parole and/or probation to be eligible for admission. However, if by public record or other preponderance of evidence, a family member has completed the parole or probation terms, but appears to be currently engaged in other criminal activity, within the last twenty four months prior to determination of eligibility, the PHA may deny admission.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
of any related sentence including completion of parole and/or probation to be eligible for admission. However, if by public record or other preponderance of evidence, a family member has completed the parole or probation terms, but appears to be currently engaged in other criminal activity, within the last twenty four months prior to determination of eligibility, the PHA may deny admission.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
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CHAPTER 3: ELIGIBILITY
Chapter Section: 3-III.E. Criteria for Deciding to Deny Assistance Subsection (if any): Consideration of Circumstances [24 CFR 982.552(c)(2)] Description of Change:
On June 10, 2022, HUD released the Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions Memorandum (“Memorandum”). The Memorandum provided recommendations on best practices for conducting investigations relating to criminal background screening information on applicants or tenants to prevent any violations of the Fair Housing Act. The PHA would like to amend its current policy to align with the best practices and suggestions stated of the Memorandum as its best effort to provide remove daunting barriers that individuals with a criminal history consistently face in obtaining and maintaining housing.
PROPOSED PHA ADMIN PLAN LANGUAGE:
3-III.E. Criteria for Deciding to Deny Assistance
Consideration of Circumstances [24 CFR 982.552(c)(2) and PIH 2015-19]
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandated (see Section 3- III.B).
Policies or practices that deny housing based on an accurate record of convictions that indicate a demonstrable risk to resident safety and/or property may serve substantial, legitimate, nondiscriminatory interests (Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions Memorandum (June 10, 2022)).
PROPOSED PHA ADMIN PLAN LANGUAGE:
3-III.E. Criteria for Deciding to Deny Assistance
Consideration of Circumstances [24 CFR 982.552(c)(2)]
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandated (see Section 3- III.B).
PHA Policy
The PHA will consider the following factors prior to making its decision:
The seriousness of the case, especially with respect to how it would affect other residents
The extent of participation or culpability of individual family members, including whether the culpable family
member is a minor or a person with disabilities, or (as ATTACHMENT 1 Page 7 of 19
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PHA Policy
The PHA will consider the following factors prior to making its decision:
The nature and the seriousness severity of the case,
especially with respect to how it would affect other
residents
The extent of participation or culpability of individual family members, including whether the culpable family
member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault or stalking
The length of time since the violation occurred, the
family’s recent history and the likelihood of favorable conduct in the future
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation
program or has otherwise been rehabilitated successfully The PHA will require the applicant to submit
evidence of the household member’s current
participation in or successful completion of a
supervised drug or alcohol rehabilitation program,
or evidence of otherwise having been rehabilitated
successfully.
Before making an adverse decision related to an
applicant’s or participant’s criminal involvement, the PHA will provide the applicant or participant with the criminal record, indicate which specific part of the record may form the basis of an adverse decision, and give the applicant or tenant the opportunity to correct inaccurate information or explain extenuating circumstances related to that record. discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault or stalking
The length of time since the violation occurred, the
family’s recent history and the likelihood of favorable conduct in the future
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation
program or has otherwise been rehabilitated successfully The PHA will require the applicant to submit evidence of the household member’s current participation in or
successful completion of a supervised drug or alcohol
rehabilitation program, or evidence of otherwise having been rehabilitated successfully.
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The PHA will conduct an individualized review that
considers relevant mitigating information beyond that
contained in an individual’s criminal record,
Relevant individualized evidence includes, but is not
limited, to the following, during the respective lookback periods:
The facts or circumstances surrounding the
criminal conduct
Whether the applicant’s offense bears a
relationship to the safety and security of other
residents
The age of the individual at the time of the conduct
How long ago the criminal conduct occurred
The number of convictions that appear on the
applicant’s criminal history
Evidence that the individual has maintained a good
tenant history before and/or after the conviction or
conduct
Evidence of rehabilitation efforts that the applicant
has undertaken since the time of conviction. If the
applicant is now in recovery for an addiction,
whether the applicant was under the influence of
alcohol or illegal drugs at the time of the offense
Criminal convictions
Police reports or witness statements
Any record of eviction from public or privately-
owned housing as a result of criminal activity
The PHA will consider all of the factors listed above in order to determine whether the individual threatens the safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity.
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CHAPTER 4: APPLICATIONS, WAITING LIST AND TENANT SELECTION CHAPTER 5: BRIEFINGS AND VOUCHER ISSUANCE
CHAPTER 11: REEXAMINATIONS
Subsections (if any):
4-II.F. Reporting Changes in Family Circumstances
5-I.B. Briefing [24 CFR 982.301]
11-I.B. Scheduling Regular Reexaminations
Description of Change:
The PHA requires that all applicants and program participants provide the agency with their current address at all times so that AHA can notify them of information pertaining to their rental assistance. Otherwise, they are removed from the waiting list or terminated from the program (as applicable). These policies will stay in effect. The AHA would only like to modify the existing language so that they all contain uniform language.
PROPOSED PHA ADMIN PLAN LANGUAGE:
4-II.F. Reporting Changes in Family Circumstances
PHA Policy
[…]
The PHA uses the current mailing address to send notification when there are openings in the program. When mail is returned by the post office, the applicant’s name will be removed from the waiting list. A notice of denial (see Chapter 3) will not be sent to the family’s address of record as the address on record is will no longer be considered valid.
PREVIOUS PHA ADMIN PLAN LANGUAGE:
4-II.F. Reporting Changes in Family Circumstances
PHA Policy
[…]
The PHA uses the current mailing address to send notification when there are openings in the program. When mail is returned by the post office, the applicant’s name will be removed from the waiting list.
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5-I.B. Briefing [24 CFR 982.301]
[…]
Notification and Attendance
PHA Policy
[…]
If the notice is returned by the post office, the family will be removed from the waiting list. A notice of denial (see Chapter 3) will not be sent to the family’s address of record as the address on record is will no longer be considered valid.
a notice of denial (see Chapter 3) will be sent to the family’s address of record. The PHA may also send a notice to an alternate address if provided on the initial application.
11-I.B. Scheduling Regular Reexaminations [24 CFR 982.516] […]
Notification of and Participation in the Regular Reexamination Process […]
PHA Policy
[…]
If a family fails to attend or respond to two scheduled interviews appointmentswithout PHA approval without prior notification to the PHA, the family may be terminated from the program in accordance with Chapter 12 of this Plan. A notice of termination (see Chapter 12) will be sent to the family’s address of record.
If correspondence to the family , or if the notice is returned by the post office and the PHA cannot verify they are in the unit, the PHA
5-I.B. Briefing [24 CFR 982.301]
[…]
Notification and Attendance
PHA Policy
[…]
If the notice is returned by the post office, a notice of denial (see Chapter 3) will be sent to the family’s address of record. The PHA may also send a notice to an alternate address if provided on the initial application.
11-I.B. Scheduling Regular Reexaminations [24 CFR 982.516] […]
Notification of and Participation in the Regular Reexamination Process […]
PHA Policy
[…]
If a family fails to attend two scheduled interviews without PHA approval , or if the notice is returned by the post office, a notice of termination (see Chapter 12) will be sent to the family’s address of record, and to any alternate address provided in the family’s file.
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may propose termination in accordance with Chapter 12.I. of this Plan.
, a notice of termination (see Chapter 12) will be sent to the family’s address of record, and to any alternate address provided in the family’s file.
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CHAPTER 5 | BRIEFINGS AND VOUCHER ISSUANCE
Chapter Section: 5-I.B. Briefing [24 CFR 982.301]
Subsection (if an): n/a
Description of Change:
When a family is admitted into the HCV program, the PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. The PHA would like to clarify the steps that it currently takes in order to ensure effective communication with disabled and LEP individuals.
PHA ADMIN PLAN LANGUAGE:
5-I.B. Briefing [24 CFR 982.301]
To ensure that applicants have an equal opportunity to participate in the program, the PHA must ensure that notices of and communications during all the briefing session and meetings are provided in a manner that is effective for persons with hearing, visual, and other disabilities consistent with Section 504, and the ADA [HCV Guidebook, Housing Search and Leasing Chapter, November 2020].
PHA Policy
Briefings will be conducted in group meetings.
Generally, the head of household is required to attend the briefing.
If the head of household is unable to attend, the PHA may approve another adult family member to attend the briefing.
Families that attend group briefings and still need individual assistance will be referred to an appropriate PHA staff person.
Briefings will be conducted in English. For limited English proficient (LEP) applicants that require other languages, the PHA
PREVIOUS PHA ADMIN PLAN LANGUAGE:
5-I.B. Briefing [24 CFR 982.301]
The PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program.
Families may be briefed individually or in groups. At the briefing, the PHA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2.
PHA Policy
Briefings will be conducted in group meetings.
Generally, the head of household is required to attend the briefing.
If the head of household is unable to attend, the PHA may approve another adult family member to attend the briefing.
Families that attend group briefings and still need individual assistance will be referred to an appropriate PHA staff person.
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will provide translation services in accordance with the PHA’s LEP plan (Seein Chapter 2.III.).
The PHA will ensure effective communication with program accessibility to persons with disabilities by complying with the policies in Chapter 2.II.F.
Briefings will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide translation services in accordance with the PHA’s LEP plan (See Chapter 2).
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CHAPTER 5: BRIEFINGS AND VOUCHER ISSUANCE
Chapter Section: 5-II.E. Voucher Term, Extensions, and Suspensions Subsection (if any): Extensions of Voucher Term [24 CFR 982.303(b)] Description of Change:
The PHA has the authority to grant extensions of the search time of a voucher, specify the length of a voucher extension period, and determine the circumstances under which extensions will be granted. These discretionary policies are required to be outlined in the PHA’s Plan. The PHA would like to clarify that voucher extension requests beyond 180 days (approx. 6 months) will only be considered as a reasonable accommodation.
PROPOSED PHA ADMIN PLAN LANGUAGE:
PHA Policy
The PHA will automatically approve one 60-day extension upon written request from the family, except in cases of incoming billable portability vouchers. For additional information regarding extensions of portability vouchers, please see Chapter 15.
The PHA will approve additional extensions, not to exceed a maximum of 180 days, only in the following circumstances:
The PHA has determined that additional search time is
necessary due to extraordinary market conditions, such as an extremely low vacancy rate.
It is necessary due to reasons beyond the family’s control, as determined by the PHA. Following is a list of
extenuating circumstances that the PHA may consider in
making its decision. The presence of these circumstances does not guarantee that an extension will be granted:
Serious illness or death in the family
Other family emergency
PREVIOUS PHA ADMIN PLAN LANGUAGE:
PHA Policy
The PHA will automatically approve one 60-day extension upon written request from the family, except in cases of incoming billable portability vouchers. For additional information regarding extensions of portability vouchers, please see Chapter 15.
The PHA will approve additional extensions, not to exceed a maximum of 180 days, only in the following circumstances:
The PHA has determined that additional search time is
necessary due to extraordinary market conditions, such as an extremely low vacancy rate.
It is necessary due to reasons beyond the family’s control, as determined by the PHA. Following is a list of
extenuating circumstances that the PHA may consider in
making its decision. The presence of these circumstances does not guarantee that an extension will be granted:
Serious illness or death in the family
Other family emergency
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Extensions beyond 180 calendar days will only be considered as a reasonable accommodation for a person with disabilities. The PHA may approve up to 240 days when necessary as a reasonable accommodation. Any request for an additional extension beyond 180 days must include the reason(s) why an additional extension is necessary and comply with Chapter 2.II. of this Plan.
The PHA may require the family to provide documentation to support the any extension request.
All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher (or extended term of the voucher).
The PHA will decide whether to approve or deny an extension request within 15 business days of the date the request is received, and will immediately provide the family written notice of its decision.
The PHA may approve up to 240 days when necessary as a
reasonable accommodation.
Any request for an additional extension must include the reason(s) an additional extension is necessary. The PHA may require the family to provide documentation to support the request.
All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher (or extended term of the voucher).
The PHA will decide whether to approve or deny an extension request within 15 business days of the date the request is received, and will immediately provide the family written notice of its decision.
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CHAPTER 6: INCOME AND SUBSIDY DETERMINATIONS
Chapter Section: 6-I.G. Assets [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)] Subsection (if any): Types of Assets [24 CFR 5.659(e)]
Description of Change:
HUD regulations require that the PHA determine the value of each family member’s assets. The PHA would like to amend its existing policy so that it may request additional bank statements if the first two statements indicate discrepancies or possible unreported income. This policy would allow the PHA to accurately calculate a family’s income.
PHA ADMIN PLAN LANGUAGE:
Checking and Savings Accounts
For regular checking accounts and savings accounts, cash value has the same meaning as market value. If a checking account does not bear interest, the anticipated income from the account is zero.
PHA Policy
In determining the value of a checking account, the PHA will use, at minimum, the average monthly balance for the last two months.
The PHA may request additional bank statements if the statements indicate discrepancies or possible unreported income. If this occurs, the PHA will use the average monthly balance of all of the statements that were received.
In determining the value of a savings account, the PHA will use the current balance.
In determining the anticipated income from an interest-bearing checking or savings account, the PHA will multiply the value of the account by the current rate of interest paid on the account.
PREVIOUS PHA ADMIN PLAN LANGUAGE:
Checking and Savings Accounts
For regular checking accounts and savings accounts, cash value has the same meaning as market value. If a checking account does not bear interest, the anticipated income from the account is zero.
PHA Policy
In determining the value of a checking account, the PHA will use, at minimum, the average monthly balance for the last two months.
In determining the value of a savings account, the PHA will use the current balance.
In determining the anticipated income from an interest-bearing checking or savings account, the PHA will multiply the value of the account by the current rate of interest paid on the account.
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CHAPTER 8: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS Chapter Section: EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS Subsection (if any): Smoke Detectors
Description of Change:
HUD requires that all units occupied by families receiving HCV assistance meet HUD's Housing Quality Standards (HQS) and permits the PHA to establish additional requirements. An HQS standard requires that every household must install smoke detectors. The PHA would like to clarify that smoke detectors must comply with both National Fire Protection Association Standard (NFPA) 74 (or its successor standards) and the California Health and Safety Code requirements and must be installed in every room.
PROPOSED PHA ADMIN PLAN LANGUAGE:
Smoke Detectors
Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards) and the California Health and Safety Code requirements. If the dwelling unit is occupied by any person with a hearing impairment, smoke detectors must have an appropriate alarm system as specified in NFPA 74 (or successor standards).
PHA Policy
Landlords must conform with local and/or state requirements by installing smoke detectors in each bedroom, other sleeping areas, and immediate vicinity outside of bedrooms (hallways).
The owner will be required to repair an inoperable smoke detector unless the PHA determines that the family has intentionally disconnected it (by removing batteries or other means). In this case, the family will be required to repair the smoke detector.
A smoke detector is required for each level of a dwelling.
PREVIOUS PHA ADMIN PLAN LANGUAGE:
Smoke Detectors
Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is occupied by any person with a hearing impairment, smoke detectors must have an appropriate alarm system as specified in NFPA 74 (or successor standards).
PHA Policy
The owner will be required to repair an inoperable smoke detector unless the PHA determines that the family has intentionally disconnected it (by removing batteries or other means). In this case, the family will be required to repair the smoke detector.
A smoke detector is required for each level of a dwelling.
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CHAPTER 16 | PROGRAM ADMINISTRATION
Chapter Section: 16-III.B. Informal Reviews
Subsection (if any): Informal Review Decision [24 CFR 982.554(b)]
Description of Change:
When the PHA makes a decision that has an adverse impact on a family, the family is entitled to appeal the decision. For applicants, the appeal takes the form of an informal review. The PHA is required to outline the requirements and procedures for such informal reviews. The PHA would like to amend its current policy to acknowledge that it may not be administratively feasible to resume the processing of an application. The change would still revert the denial decision but would allow the PHA to collect updated verifications for a household in order to accurately redetermine their eligibility.
PHA ADMIN PLAN LANGUAGE:
PHA Policy
The PHA will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 15 business days of the informal review, to the applicant and his or her representative, if any.
If the decision to deny is overturned as a result of the informal review, processing for admission will resumethe decision to deny assistance will be reverted. In order to determine whether the application will be returned to the waiting list or whether processing for admission will resume, t.he PHA will take into consideration, at its discretion, whether the voucher funding is available, whether the application was selected within the current fiscal year, or any other relevant and pertinent factors.
PHA ADMIN PLAN LANGUAGE:
PHA Policy
The PHA will notify the applicant of the final decision, including a statement explaining the reason(s) for the decision. The notice will be mailed within 15 business days of the informal review, to the applicant and his or her representative, if any.
If the decision to deny is overturned as a result of the informal review, processing for admission will resume.
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CHAPTER 13: OWNERS
Chapter Section: 16-IV.B. Repayment Policy
Subsection (if any): Owner Debts to the PHA
Description of Change:
Current PHA policy states that the PHA may collect any owner debts to the PHA caused by their action or inaction which resulted in the overpayment of housing assistance. The PHA would like to clarify its existing policy that it will collect a debt by reducing the future HAP payments by the amount owed until the debt is paid in full when it is possible. In a situation where this is not possible, such as times when the owner is only receiving HAP payments from different funding and voucher program, then it will collect the debt from the owner directly and give them the opportunity to enter into a repayment agreement.
PROPOSED PHA ADMIN PLAN LANGUAGE:
Owner Debts to the PHA
PHA Policy
Any amount due to the PHA by an owner must be repaid by the owner within 30 days of the PHA determination of the debt.
If the owner fails to repay the debt within the required time frame and is entitled to future HAP payments, the PHA will reduce the future HAP payments by the amount owed until the debt is paid in full when possible.
If the owner is not entitled to future HAP payments the PHA may, in its sole discretion, offer to enter into a repayment agreement on terms prescribed by the PHA.
If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will ban the owner from future participation in the program and pursue other modes of collection.
PREVIOUS PHA ADMIN PLAN LANGUAGE:
Owner Debts to the PHA
PHA Policy
Any amount due to the PHA by an owner must be repaid by the owner within 30 days of the PHA determination of the debt.
If the owner fails to repay the debt within the required time frame and is entitled to future HAP payments, the PHA will reduce the future HAP payments by the amount owed until the debt is paid in full.
If the owner is not entitled to future HAP payments the PHA may, in its sole discretion, offer to enter into a repayment agreement on terms prescribed by the PHA.
If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a repayment agreement, the PHA will ban the owner from future participation in the program and pursue other modes of collection.