1. Summary of Revisions - Section 8 Housing Choice Voucher Administrative Plan

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Summary of Revisions to the FY 2024-2025 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 the “PROPOSED PHA ADMIN PLAN LANGUAGE” column.

Significant Amendment/Modification
In the FY 2020-24 Five Year PHA Plan, the AHA defined a significant amendment or modification to the PHA Plan 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 2: FAIR HOUSING AND EQUAL OPPORTUNITY
Chapter Section: 2.I.C. DISCRIMINATION COMPLAINTS
Subsection (if any): n/a
Description of Change:

Current Section 2.I.B. of the AHA Administrative Plan addresses how the agency addresses complaints. These policies are designed to formalize AHA's approach, providing structured steps for addressing and resolving complaints. The proposed revision introduces new policies aimed at structuring AHA’s approach to addressing discrimination complaints, complaints under the Equal Access Final Rule, and VAWA-related complaints against AHA. These policies outline the specific steps that AHA will take to address and resolve complaints, ensuring a transparent and efficient process for all involved.

PROPOSED PHA ADMIN PLAN LANGUAGE:

2.I.C. DISCRIMINATION COMPLAINTS

General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. HUD requires tThe PHA should to make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.

In I
n all cases addition, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Actis required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].

PHA Policy

PREVIOUS PHA ADMIN PLAN LANGUAGE:

Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. HUD requires the PHA to make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.

In addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].

PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing.

The PHA will attempt to remedy discrimination complaints made against the PHA.

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Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing.

If a discrimination complaint is made against a participating owner or landlord, the PHA will refer the family to the City of Anaheim’s Fair Housing partner to receive education, outreach, training, and counseling pertaining to housing discrimination within 10 business days of receiving the complaint.

If a discrimination complaint is made against the PHA, the PHA will investigate and The PHA will attempt to remedy discrimination complaints made against the PHA within 10 business days of receiving the complaint.

The PHA will advise the family of their right to file a fair housing complaint with HUD, provide a copy of a
discrimination complaint form to the complainant, and
provide them with information on how to complete and
submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

The fair housing poster, posted in conspicuous and accessible locations in PHA lobbies, will reference how to file a
complaint with FHEO.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions consistent with its current record-keeping obligations [Notice PIH 2014-20] (See
Chapter 16).

The PHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

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Complaints under the Equal Access Final Rule [Notice PIH 2014- 20]
On February 3, 2012, HUD published a final rule entitled Equal Access to Housing in HUD Programs Regardless of Sexual
Orientation or Gender Identity (“Equal Access Final Rule”) [77 FR 5662]. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation.

Upon receipt of a complaint from an applicant or participant alleging a violation of the Equal Access Final Rule, the PHA must determine if a program violation occurred and implement appropriate corrective action(s). The PHA may seek assistance from its local HUD Field Office of Public Housing in order to make this determination. In addition, the PHA must follow its written policies for responding to complaints. Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule.

The PHA will be informed of these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.

PHA Policy
Applicants or tenant families who believe that they have been subject to unlawful discrimination based on marital status, gender identity, or sexual orientation under the Equal Access Rule may notify the PHA either orally or in writing.

If a discrimination complaint is made against the PHA, the PHA will provide a written notice to those alleged to have violated the rule within 10 business days of receiving the complaint.

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The PHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, advise them of their right to file a housing discrimination complaint with HUD, provide a copy of a
housing discrimination complaint form, and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity
(FHEO) within 10 business days of receiving the complaint.

The PHA will attempt to remedy discrimination complaints made against the PHA and will conduct an investigation into all allegations of discrimination.

Within 10 business days following the conclusion of the PHA’s investigation, the PHA will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions consistent with its current record-keeping obligations [Notice PIH 2014-20] (See
Chapter 16).

VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate ATTACHMENT 1 Page 6 of 50
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the allegations under the additional authority and procedures described in FHEO 2023-01.

Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.

PHA Policy
Applicants or tenant families who wish to file a VAWA
complaint against the PHA may notify the PHA either orally or in writing.

The PHA will advise the family of their right to file a VAWA complaint with HUD, provide the family a copy of a HUD’s complaint form, and provide the family with information on how to complete and submit the form to HUD’s Office of
Fair Housing and Equal Opportunity (FHEO). The PHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA
violation or will be injured by such a violation that is about to occur may file a VAWA complaint using the HUD’s
complaint form.

The PHA will attempt to remedy complaints made against the PHA and will conduct an investigation into all allegations of discrimination.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions consistent with its current record-keeping obligations [Notice PIH 2014-20] (See
Chapter 16).

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CHAPTER 2: FAIR HOUSING AND EQUAL OPPORTUNITY
Chapter Section: 2-II.E. APPROVAL OR DENIAL OF A REQUESTED ACCOMMODATION [JOINT STATEMENT OF THE DEPARTMENTS OF HUD AND JUSTICE: REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT, NOTICE 2010-26]
Subsection (if any): n/a
Description of Change:

This revision formalizes AHA's procedure for handling requests to review denials of reasonable accommodations. These policies specify that the Section 504 Coordinator will handle reviews and outline specific steps for addressing appeals, including considerations, and establishing due dates for related actions.

PROPOSED PHA ADMIN PLAN LANGUAGE:

Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the PHA may verify the need for the requested accommodation.

PHA Policy
After a request for an accommodation is presented, the PHA will respond, in writing, within 15 business days.

If the PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the PHA’s operations), the PHA will discuss with the family whether an alternative accommodation could effectively
address the family’s disability-related needs without a fundamental alteration to the HCV program and without
imposing an undue financial and administrative burden.

If the PHA believes that the family has failed to identify a

PREVIOUS PHA ADMIN PLAN LANGUAGE:

PHA Policy
After a request for an accommodation is presented, the PHA will respond, in writing, within 15 business days.

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reasonable alternative accommodation after interactive
discussion and negotiation, the PHA will notify the family, in writing, of its determination within 15 business days from the date of the most recent discussion or communication with the family.

If the PHA denies a request because there is no relationship, or nexus, found between the disability and the requested accommodation, the PHA will notify the family in writing of its determination within 15 business days.

If the PHA denies a reasonable accommodation request, the notice to the family will contain a brief statement of the reasons for the decision. If the family does not agree with the decision, the family may request a review from the Section 504 Coordinator. Although the PHA will encourage the
family to make its request in writing, the PHA will also accept a request made orally. A request for a review must be submitted to the PHA by the close of the business day, no later than 10 business days from the date of the PHA’s notice that the reasonable accommodation is denied. If sent by mail, it must be postmarked by the same date. The family’s request for a review must include the family’s objection to the decision and all documentation supporting the objection. If the request does not include supporting documentation, the Section 504 Coordinator may choose to uphold the original decision without further review.

The review must be conducted by a Section 504 Coordinator who did not make or approve the decision under review, or a subordinate of this person.

The Section 504 Coordinator conducting the review will
make a recommendation to the PHA, but the PHA is
If the PHA believes that the family has failed to identify a reasonable alternative accommodation after interactive
discussion and negotiation, the PHA will notify the family, in writing, of its determination within 15 business days from the date of the most recent discussion or communication with the family.

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responsible for making the final decision as to whether the decision is upheld or overturned.

In rendering a decision, the Section 504 Coordinator will evaluate the following matters:

Whether the request was made by or on behalf of a
person with a disability;
Whether there is a disability-related need for the
accommodation;
Whether the requested accommodation is reasonable,
meaning it would not impose an undue financial and
administrative burden on the PHA, or fundamentally
alter the nature of the PHA’s HCV operations;
The nature and cost of the requested accommodation;
Whether or not the grounds for denial were stated
factually in the notice;
The validity of grounds for denial of the reasonable
accommodation request; and
If the facts prove the grounds for denial.

The Section 504 Coordinator may request additional and
applicable documentation to render a final decision. If the family does not submit the requested documentation by the established due date, the Section 504 Coordinator may choose to uphold the original decision.

The PHA will notify the family 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 review.

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The PHA will grant only one review for each decision to deny a reasonable accommodation request. If the decision to deny the reasonable accommodation is overturned as a result of the review, the PHA will approve the reasonable
accommodation request. If the decision is upheld, the PHA will not address the decision again unless the family presents new and compelling evidence in their favor or submits a new reasonable accommodation request.

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CHAPTER 3: ELIGIBILITY
Chapter Section: 3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY Subsection (if any): Family Break-up
Description of Change:

When a family on the waiting list separates into two otherwise eligible families, only one may retain the original application date. The current Administrative Plan considers various factors for determining which family retains the placement, and this revision adds a significant consideration. AHA will consider the interests of any family member who is a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including those forced to leave an assisted unit due to such abuse.

PROPOSED PHA ADMIN PLAN LANGUAGE:

PHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. […]
[…]
In the absence of a judicial decision, or an agreement among the original family members, the PHA will determine which family retains their placement on the waiting list, or will continue to receive assistance. In making its determination, the PHA will take taking into consideration the following factors: (1) the interest of any minor children, including custody arrangements, ; (2) the interest of any ill, elderly, or disabled family members, (3) the interest of any family member who is the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible risks to family members as a result of domestic violence or criminal activity, and (45) the recommendations of social service professionals.

PREVIOUS PHA ADMIN PLAN LANGUAGE:

PHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. […]
[…]
In the absence of a judicial decision, or an agreement among the original family members, the PHA will determine which family retains their placement on the waiting list, or will continue to receive assistance. taking into consideration the following factors: (1) the interest of any minor children, including custody arrangements, (2) the interest of any ill, elderly, or disabled family members, (3) any possible risks to family members as a result of domestic violence or criminal activity, and (4) the recommendations of social service professionals.

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CHAPTER 3: ELIGIBILITY
Chapter Section: 3.III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE PROGRAMS Subsections (if any): Criminal Activity; Previous Behavior in Assisted Housing Description of Change:

Section 3.III.C. of the AHA Administrative Plan discusses conditions under which the AHA may deny assistance from a rental assistance program. HUD permits, but does not require, the AHA to deny assistance if the AHA 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. The recommended policy change is intended to make the AHA’s programs most accessible by removing daunting barriers that individuals with a criminal history consistently face in obtaining and maintaining housing. The PHA’s recommendations take into consideration HUD recommendations and guidance.

PROPOSED PHA ADMIN PLAN LANGUAGE:

Criminal Activity [24 CFR 982.553]
[…]
PHA Policy
If any household member has been convicted of any criminal sexual conduct against one or more identified victims, and is currently subject to a registration requirement under a state sex offender registration program, the family will be denied assistance.

If any household member is currently engaged in, or has been convicted of drug-related criminal activity, defined as the illegal manufacture, sale, or distribution of a drug, or the possession of a drug with intent to manufacture, sell, or distribute the drug that resulted in a felony conviction within the past 24 months, or a misdemeanor conviction within the past 12 months, within the past 36 months, the family will be denied assistance.

PREVIOUS PHA ADMIN PLAN LANGUAGE:

If any household member is currently engaged in, or has been convicted of drug-related criminal activity, defined as the illegal manufacture, sale, or distribution of a drug, or the possession of a drug with intent to manufacture, sell, or distribute the drug, within the past 36 months, the family will be denied assistance. If any household member is currently engaged in, or has been convicted of drug-related criminal ATTACHMENT 1 Page 13 of 50
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If any household member is currently engaged in, or has been convicted of drug-related criminal activities for personal use only, within the past 12 months, the family will be denied assistance.

For convictions for drug-related criminal activity for personal use only, within the past 12 months, the PHA will consider 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.

If any household member has been convicted of violent
criminal activity that resulted in a felony conviction within the past 24 monthswithin the past five years or a,
misdemeanor conviction within the past 12 months the family will be denied assistance.. Violent criminal activity, defined by HUD as any criminal activity that has as one of its
elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR

5.100].

If any household member is currently engaged in, or has e
ngaged in any of the following criminal activities, within the past 12 months, the family will be denied assistance.:

Criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by
activities for personal use only, within the past 12 months, the family will be denied assistance.

If any household member has been convicted of violent
criminal activity within the past five years, the family will be denied assistance. Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100].

If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past 12 months, the family will be denied assistance.

Criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by
other residents or persons residing in the immediate
vicinity; or
Criminal activity that may threaten the health or
safety of property owners and management staff, and
persons performing contract administration functions
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other residents or persons residing in the immediate
vicinity; or
Criminal activity that may threaten the health or
safety of property owners and management staff, and
persons performing contract administration functions
or other responsibilities on behalf of the PHA
(including a PHA employee or a PHA contractor,
subcontractor, or agent).

Immediate vicinity means within a three-block radius
of the premises.

Evidence of such criminal activity includes, but is not limited to:

Any conviction for drug-related or violent criminal
activity within the past three years.

Records of arrests for drug-related or violent criminal activity within the past three years, although a record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in
disqualifying criminal activity
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III. F and 3- III.GE. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.

Previous Behavior in Assisted Housing [24 CFR 982.552(c)] HUD authorizes the PHA to deny assistance based on the family’s previous behavior in assisted housing.
or other responsibilities on behalf of the PHA
(including a PHA employee or a PHA contractor,
subcontractor, or agent).

Immediate vicinity means within a three-block radius
of the premises.

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.

Previous Behavior in Assisted Housing [24 CFR 982.552(c)] HUD authorizes the PHA to deny assistance based on the family’s previous behavior in assisted housing:

PHA Policy
The PHA will not deny assistance to an otherwise eligible family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program.

The PHA will deny assistance to an applicant family if:

Any family member has been evicted from federally-
assisted housing in the last five years.

Any PHA has terminated assistance under the
program for any adult member of the family within
the last five years.

Any family member has committed fraud, bribery, or
any other corrupt or criminal act in connection with
any federal housing program.

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PHAs are not permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [24 CFR 984.101(d)].:

PHA Policy
The PHA will not deny assistance to an otherwise eligible family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program.

The PHA will deny assistance to an applicant family if:

Any family member has been evicted from federally-
assisted housing in the last five years24 months.

Any PHA has terminated assistance under the
program for any adult member of the family within
the last five years24 months.

Any family member has committed fraud, bribery, or
any other corrupt or criminal act in connection with
any federal housing program.

The family owes rent or other amounts to any PHA in
connection with the HCV or other public housing
assistance under the 1937 Act, Certificate, Moderate
Rehabilitation or public housing programs, unless the
family repays the full amount of the debt prior to
being selected from the waiting list.

If the family has not reimbursed any PHA for amounts
the PHA paid to an owner under a HAP contract for
rent, damages to the unit, or other amounts owed by
the family under the lease, unless the family repays
the full amount of the debt prior to being selected
from the waiting list.

The family owes rent or other amounts to any PHA in
connection with the HCV, Certificate, Moderate
Rehabilitation or public housing programs, unless the
family repays the full amount of the debt prior to
being selected from the waiting list.

The family has breached the terms of a
repayment agreement entered into with the
PHA, unless the family repays the full amount
of the debt covered in the repayment
agreement prior to being selected from the
waiting list.

A family member has engaged in or threatened violent
or abusive behavior toward PHA personnel.

Abusive or violent behavior towards PHA
personnel includes verbal as well as physical
abuse or violence. Use of racial epithets, or
other language, written or oral, that is
customarily used to intimidate may be
considered abusive or violent behavior.

Threatening refers to oral or written threats or
physical gestures that communicate intent to
abuse or commit violence.

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The family has breached the terms of a repayment
agreement entered into with the PHA, unless the
family repays the full amount of the debt covered in
the repayment agreement prior to being selected from
the waiting list.

When denying admission due to family debts
as shown in HUD’s EIV system, the PHA will
provide the family with a copy of the EIV
Debt Owed to PHA and Termination report.

If the family wishes to dispute the information
in the report, the family must contact the PHA
that entered the information in EIV in writing,
explaining why EIV information is disputed.

The family must also provide a copy of the
letter and all applicable verification to the
PHA to support the family’s claim. The PHA
will consider the information provided by the
family prior to issuing a notice of denial
A family member has engaged in or threatened violent
or abusive behavior toward PHA personnel.

Threatening refers to oral or written threats or
physical gestures that communicate intent to
abuse or commit violence.

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In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.EF and 3- III.G.. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.

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CHAPTER 5: BRIEFINGS AND VOUCHER ISSUANCE
Chapter Section: 5-I.B. BRIEFING
Subsection (if any): Several listed below
Description of Change:

This policy revision addresses the increasing prevalence of remote environments. This update establishes clear policies for conducting remote briefings and adopts best practices outlined in HUD Notice PIH 2020-32 to assess and address potential barriers to remote briefings.

The revision outlines the PHA's approach to ensuring accessibility for all participants and specifies situations in which an in-person briefing may be scheduled.

PROPOSED PHA ADMIN PLAN LANGUAGE:

Notification of Briefing
Prior to issuance of a voucher, 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 in individual face-to-face meetings, through group briefing sessions, or via remote briefing sessions.

Notification and Attendance
PHA Policy
Families will be notified of their eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing. The notice may be sent by first-class mail or by email if the family has provided a valid email address to the PHA.

The notice will advise the family of the type of briefing, who is required to be present at the briefing, and the date and time

PREVIOUS PHA ADMIN PLAN LANGUAGE:

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.

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of the briefing. The notice will also inform the family of any additional requirements for in-person or remote briefings as addressed in relevant policy elsewhere in this section.

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.

In-Person Briefings
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.

Remote Briefings [Notice PIH 2020-32]
Remote briefings may be conducted over the phone, via video conferencing, or through other virtual platforms.

PHA Policy
The PHA has the sole discretion to require that briefings be conducted remotely. If the PHA schedules a remote briefing, the PHA will conduct a face-to-face briefing upon request of the applicant as a reasonable accommodation for a person with a disability if safety and health concerns can be
reasonably addressed.

In addition, the PHA will conduct a briefing remotely upon request of the applicant as a reasonable accommodation for a person with a disability, if an applicant does not have child care or transportation that would enable them to attend the ATTACHMENT 1 Page 20 of 50
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briefing, or if the applicant believes an in-person briefing would create an undue health risk. The PHA will consider other reasonable requests for a remote briefing on a case-by- case basis.

Accessibility Requirements for Persons with Disabilities and LEP Individuals
As with in-person briefings, the platform for conducting remote briefings must be accessible, and the briefing must be conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual.

If no method of conducting a remote briefing is available that appropriately accommodates an individual’s disability, the PHA may not hold against the individual their inability to participate in the remote briefing, and the PHA should consider whether postponing the remote briefing to a later date is appropriate or whether there is a suitable alternative.

Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or reasonable accommodation, will depend on the specific circumstances.

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Limited English Proficiency (LEP) requirements also apply to remote briefings, including the use of interpretation services and document translation. See Chapter 2 for a more thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote briefings.

Conducting Remote Briefings
The PHA must ensure that the lack of technology or inability to use technology for remote briefings does not pose a disadvantage to families that may not be apparent to the PHA. The PHA must ensure that the family has appropriate technological access in order to fully participate in the remote briefing.

PHA Policy
The PHA will provide written notice via first class mail and/or email to families attending the briefing, outlining the technological requirements for connection. The written notice will also request that the family notify the PHA of any known technological barriers. The PHA may also contact the family by telephone prior to the briefing to identify potential technological barriers and to determine which technology resources are accessible to the family. The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person briefing or have a one-on-one briefing over the phone, as appropriate.

The PHA may conduct remote briefings via a video
conferencing platform when available. If applicants are unable to adequately access the video conferencing platform, the briefing will be conducted by telephone conferencing call-in. If the family is unable to adequately access the ATTACHMENT 1 Page 22 of 50
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telephone conferencing call-in, the remote briefing will be postponed, and an in-person alternative or one-on-one
briefing over the phone will be provided.

The PHA will provide login information and/or conferencing call-in information and an electronic copy of the briefing packet via email at the time they are invited to the briefing.

The PHA will provide a paper copy of the briefing packet upon family request and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet.

The PHA will ensure that all electronic information stored or transmitted as part of the briefing meets the requirements for accessibility for persons with disabilities and persons with LEP, and is secure, including ensuring personally identifiable information (PII) is protected (Notice PIH 2015-06,).

The PHA will ensure that families who participate in remote briefings have the opportunity to ask questions as part of the briefing.

If families lose connectivity during any remote briefing or otherwise feel they were unable to access information
presented during the briefing, the family may request a one- on-one briefing over the phone or in person with the PHA.

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CHAPTER 5: BRIEFINGS AND VOUCHER ISSUANCE
Chapter Section: 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS Subsection (if any): n/a
Description of Change:

The AHA currently determines the appropriate number of bedrooms for each family under subsidy standards, which doesn't mandate the size of the unit leased or bedroom arrangements within households. Exceptions for health or disability reasons require a written request with documentation, verified by a professional source. The AHA is recommending a periodic reassessment of the necessity for an additional bedroom granted as a reasonable accommodation, as deemed necessary. This proposed policy adjustment aims to ensure that the right level of assistance is consistently provided to all families.

PROPOSED PHA ADMIN PLAN LANGUAGE:

PHA Policy
The PHA will consider granting an exception for the following reasons specified in the regulation: health and as a reasonable accommodation for a person with a disability.

The family must request any exception to the subsidy standards in writing. The request must explain the need or justification for a larger family unit size, and must include appropriate documentation.

Requests based on health-related reasons must be verified by a knowledgeable professional source (e.g., doctor or health professional), unless the disability and the disability–related request need for accommodation is readily apparent or otherwise known.

Under the sole discretion of the PHA, the family’s continued need for an additional bedroom due to special medical equipment may be re-verified during an annual or interim reexamination or an inspection.

PREVIOUS PHA ADMIN PLAN LANGUAGE:

PHA Policy
The PHA will consider granting an exception for the following reasons specified in the regulation: health and as a reasonable accommodation for a person with a disability.

Requests based on health-related reasons must be verified by a knowledgeable professional source, unless the disability and the disability–related request for accommodation is readily apparent or otherwise known.

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CHAPTER 6: INCOME AND SUBSIDY DETERMINATIONS
Chapter Section: 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; STREAMLINING FINAL RULE (SFR) FEDERAL REGISTER 3/8/16; NOTICE PIH 2023 27] Subsection (if any): n/a
Description of Change:

The Earned Income Disallowance (EID) was a provision created by HUD to encourage program participants with disabilities to enter the workforce by not including the total value of increases in earned income for a maximum period of 24 consecutive months. Presently, the Housing Opportunity Through Modernization Act (HOTMA) Final Rule has eliminated new enrollments into EID after December 31, 2023.

As a result, EID will be available only to eligible families already participating in the program before the end date, and no new families may be added. Therefore, this section is being updated to comply with the new HOTMA requirement.

Existing EID families will continue to operate under existing EID policies until their applicable timeframe is over. Families receiving the EID benefit before December 31, 2023, may continue to receive the full benefit until their remaining EID timeframe ends.

PROPOSED PHA ADMIN PLAN LANGUAGE:

HOTMA removed the statutory authority for the earned income disallowance (EID). The EID is available only to families that are eligible for and participating in the program as of December 31, 2023, or before; no new families may be added on or after January 1, 2024. If a family is receiving the EID prior to or on the effective date of December 31, 2023, they are entitled to the full amount of the benefit for a full 24-month period.

The policies below are applicable only to such families. No family will still be receiving the EID after December 31, 2025. The EID will sunset on January 1, 2026, and the PHA policies below will no longer be applicable as of that date or when the last qualifying family exhausts their exclusion period, whichever is sooner.

The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24

PREVIOUS PHA ADMIN PLAN LANGUAGE:

Eligibility criteria and limitations on the disallowance are summarized below.

Eligibility
This disallowance applies only to individuals in families already participating in the HCV program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events:

Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the ATTACHMENT 1 Page 25 of 50
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CFR 5.617 is included as Exhibit 6-4 at the end of this chapter.

Eligibility criteria and limitations on the disallowance are summarized below.

Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless there is a higher state or local minimum wage.

Increased earnings by a family member who is a person with disabilities and whose earnings increase during participation in an economic self-sufficiency or job-training program. A self-sufficiency program includes a program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work to such families [24 CFR 5.603(b)].

New employment or increased earnings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or community multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless there is a higher state or local minimum wage.

New employment or increased earnings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or transportation assistance, the total amount received over the six- month period must be at least $500.

Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member’s current income with his or her “prior income.” PHA Policy
The PHA defines prior income, or prequalifying income, as the family member’s last certified income prior to qualifying for the EID.

The family member’s prior, or prequalifying, income remains constant throughout the period that he or she is receiving the EID.

Initial 12-Month Exclusion
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transportation assistance, the total amount received over the six- month period must be at least $500.

B. Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member’s current income with his or hertheir “prior baseline income.” The family member’s baseline income is their income immediately prior to qualifying for the EID. The family member’s baseline income remains constant throughout the period that they are participating in the EID.

PHA Policy
The PHA defines prior income, or prequalifying income, as the family member’s last certified income prior to qualifying for the EID.

The family member’s prior, or prequalifying, baseline income remains constant throughout the period that he or she is they are participating in receiving the EID.

Initial 12-Month Exclusion
During the initial exclusion period of 12 consecutive months12- month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive [24 CFR 5.617(c)(1)].

PHA Policy
The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in During the initial 12-month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded. The 12 months are cumulative and need not be consecutive [24 CFR 5.617(c)(1)].

If employment is not reported in a timely manner, the EID exclusion may still begin on the first of the month following the date in which the eligible event occurred on the premise that the family has benefitted from the exclusion during the period that the income was not fully declared.

Second 12-Month Exclusion and Phase-In
During the second 12-month exclusion period, the exclusion must be reduced to at least half (50 percent) of any increase in income attributable to employment or increased earnings. The 12 months are cumulative and need not be consecutive. [24 CFR 5.617(c)(2)].

PHA Policy
During the second 12-month exclusion period, the PHA will exclude half (50 percent) of any increase in income attributable to employment or increased earnings.

Lifetime Limitation for households that qualified for EID before May 9, 2016
For persons qualifying before May 9, 2016, the two 12-months exclusion periods are cumulative, with a lifetime limit of 48 months for the qualifying member [24 CFR 5.617(c)(4) and FR Notice 3/8/16].. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if the eligible individual ATTACHMENT 1 Page 27 of 50
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earnings assuming the family reports the employment or
earnings in a timely manner.

Second 12-Month Exclusion and Phase-In
During the second exclusion period of 12 consecutive months12- month exclusion period, the PHA must exclude at least 50 percent of any increase in income attributable to employment or increased earningsthe exclusion must be reduced to at least half (50 percent) of any increase in income attributable to employment or increased earnings. The 12 months are cumulative and need not be consecutive. [24 CFR 5.617(c)(2)].

PHA Policy
During the second 12-month exclusion period, the PHA will exclude half (50 percent) of any increase in income
attributable to employment or increased earnings.

Lifetime Limitation for households that qualified for EID before May 9, 2016
The EID has a two-year (24-month) lifetime maximum. The two- year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24- month period, an individual remains eligible for EID even if they begin to receive assistance from a different housing agency, move between public housing and Section 8 assistance, or have breaks in assistance. The EID will sunset on January 1, 2026. In no begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance.

PHA Policy
During the 48-month eligibility period, the PHA will schedule and conduct an interim reexamination each time there is a change in the family member’s annual income that affects or is affected by the EID (e.g., when the family member’s income falls to a level at or below his/her prequalifying income, when one of the exclusion periods ends, and at the end of the lifetime maximum eligibility period).

Lifetime Limitation for households that qualified for EID on or after May 9, 2016
For persons qualifying on or after May 9, 2016, the two 12-month exclusionary periods must run consecutively, with a lifetime limit of 24 months for the qualifying member. The two-year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. The one-time eligibility for the EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance.

If the family member discontinues the employment that initially qualified the family for the EID, the 24–calendar month period continues [FR Notice 3/8/16].

PHA Policy
During the 24-month eligibility period, the PHA will schedule and conduct an interim reexamination each time there is a change in the family member’s annual income that affects or is affected by the EID (e.g., when the family member’s income falls to a level at or below his/her prequalifying income, when one of the exclusion periods ends, and at the end of the lifetime maximum eligibility period).

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circumstances will a family member’s exclusion period continue past January 1, 2026.

For persons qualifying before May 9, 2016, the two 12-months exclusion periods are cumulative, with a lifetime limit of 48 months for the qualifying member [24 CFR 5.617(c)(4) and FR Notice 3/8/16].. The four-year eligibility period begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance.

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If the family member discontinues the employment that initially qualified the family for the EID, the 24–calendar month period continues [FR Notice 3/8/16].

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CHAPTER 12: TERMINATIONS
Chapter Section: 12-I.E. Mandatory Policies and Other Authorized Terminations Subsection (if any): n/a
Description of Change:

Section 12.I.E. of the AHA Administrative Plan discusses conditions under which the AHA may terminate assistance from a rental assistance program. HUD permits, but does not require, the AHA to terminate assistance if the AHA determines that any household member is currently engaged in certain types of criminal activity. The recommended policy changes are intended to align with the proposed changes in Chapter 3 and make the AHA’s programs most accessible by removing daunting barriers that individuals with a criminal history consistently face in obtaining and maintaining housing. The PHA’s recommendations take into consideration HUD recommendations and guidance.

PROPOSED PHA ADMIN PLAN LANGUAGE:
12-I.E. Mandatory Policies and Other Authorized Terminations Mandatory Policies [24 CFR 982.553(b) and 982.551(l)]
HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the PHA determines that: […]
PIH 2012-28]
The PHA is prohibited from admitting individuals subject to a lifetime registration requirement under a State sex offender registration program into its program. If a participant who is subject to such a lifetime registration requirement was erroneously admitted (the household member was subject to a lifetime registration requirement at admission and was admitted after June 25, 2001), the PHA must immediately pursue termination of assistance for the household member.

Use of Illegal Drugs and Alcohol Abuse
PHA Policy

PREVIOUS PHA ADMIN PLAN LANGUAGE:
12-I.E. Mandatory Policies and Other Authorized Terminations Mandatory Policies [24 CFR 982.553(b) and 982.551(l)]
HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the PHA determines that: […]
PIH 2012-28]
The PHA is prohibited from admitting individuals subject to a lifetime registration requirement under a State sex offender registration program into its program. If a participant who is subject to such a lifetime registration requirement was erroneously admitted (the household member was subject to a lifetime registration requirement at admission and was admitted after June 25, 2001), the PHA must immediately pursue termination of assistance for the household member.

Use of Illegal Drugs and Alcohol Abuse
PHA Policy
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[…]
The PHA will consider all credible evidence, including but not limited to, any record of arrests,police records,
convictions, or eviction of household members related to the use of illegal drugs or abuse of alcohol.

A record or records of arrest will not be used as the sole basis for the termination or proof that the participant engaged in disqualifying criminal activity.

In making its decision to terminate assistance, the PHA will consider alternatives as described in Section 12-II.C and other factors described in Sections 12-II.D and 12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate assistance.

Drug-Related and Violent Criminal Activity [24 CFR 5.100] […]
PHA Policy
The PHA will terminate a family’s assistance if any
household member has violated the family’s obligation not to engage in any drug-related or violent criminal activity, including conviction of any criminal sexual conduct and is currently subject to a registration requirement under a state sex offender registration program, during participation in the HCV program.

The PHA will consider all credible evidence, including but not limited to, any police record of arrests and/orrecords, convictions of household members related to drug-related or violent criminal activity, and any eviction or notice to evict based on drug-related or violent criminal activity.
[…]
The PHA will consider all credible evidence, including but not limited to, any police records, convictions, or eviction of household members related to the use of illegal drugs or abuse of alcohol.In making its decision to terminate
assistance, the PHA will consider alternatives as described in Section 12-II.C and other factors described in Sections 12- II.D and 12-II.E. Upon consideration of such alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate assistance.

The PHA will consider all credible evidence, including but not limited to, any police records, convictions of household members related to drug-related or violent criminal activity, and any eviction or notice to evict based on drug-related or violent criminal activity.

In making its decision to terminate assistance, the PHA will consider alternatives as described in Section 12-II.C and other factors described in Sections 12-II.D and 12-II.E. Upon ATTACHMENT 1 Page 32 of 50
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A record or records of arrest will not be used as the sole basis for the termination or proof that the participant engaged in disqualifying criminal activity.

Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), Pub.L. 109-162]
HUD permits the PHA to terminate assistance under a number of other circumstances. […]
PHA Policy
The PHA will not terminate a family’s assistance because of the family’s failure to meet its obligations under the Family Self-Sufficiency program.

The PHA will terminate a family’s assistance if:

The family has failed to comply with any family
obligations under the program. See Exhibit 12-1 for a
listing of family obligations and related PHA policies.

Any family member has been evicted from federally-
assisted housing in the last five years24 months and
the family failed to disclose the information at
admission to the program.
[…]

consideration of such alternatives and factors, the PHA may, on a case-by-case basis, choose not to terminate assistance.

The PHA will terminate a family’s assistance if:

The family has failed to comply with any family
obligations under the program. See Exhibit 12-1 for a
listing of family obligations and related PHA policies.

Any family member has been evicted from federally-
assisted housing in the last five years and the family
failed to disclose the information at admission to the
program.
[…]

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CHAPTER 16: PROGRAM ADMINISTRATION
Chapter Section: Part X: COVID-19 Related Waivers
Subsection (if any): n/a
Description of Change:

In response to the global pandemic caused by the spread of Coronavirus Disease 2019 (COVID-19), HUD issued Notice PIH 2020-05 on April 10, 2020, granting the Public Housing Authority (PHA) the authority to adopt waivers and alternative requirements for various statutory and regulatory obligations within the HCV program. Subsequent notices, including PIH 2020-13 on July 2, 2020, PIH 2020-33 on November 30, 2020, and PIH 2021-14 on May 4, 2021, provided additional waivers and extensions for previously established ones. All COVID-related waivers had an expiration date. The PHAs adopted COVID-related waivers in 2020, however, all COVID-related waivers have since expired and are no longer applicable to the PHA's programs. Therefore, this section is to be removed.

PROPOSED PHA ADMIN PLAN LANGUAGE:

Entire part to be removed.

PART X: COVID-19 RELATED WAIVERS AND ALTERNATE

REQUIREMENTS

On April 10, 2020, HUD released Notice PIH 2020-05 in response to the global pandemic and current state of emergency caused by the spread of the respiratory disease named Coronavirus Disease 2019 (COVID-19). Notice PIH 2020-05 granted the PHA the authority to adopt a series of waivers and alternative requirements for numerous statutory and regulatory requirements for the HCV program.

PREVIOUS PHA ADMIN PLAN LANGUAGE:

PART X: COVID-19 RELATED WAIVERS AND ALTERNATE

REQUIREMENTS

Subsequently, HUD released Notice PIH 2020-13 on July 2, 2020,Notice PIH 2020-33 on November 30, 2020, and Notice PIH 2021-14 on May 4, 2021 which provided additional waivers and alternative requirements and extended the periods of availability for previously established waivers and alternative requirements. HUD made the waivers and alternative requirements listed in these Notices effective immediately for the housing authorities that elect to adopt them. The period of availability for each waiver and alternative requirement, collectively or individually, may be extended by a PIH ATTACHMENT 1 Page 34 of 50
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effective immediately for the housing authorities that elect to adopt them. The period of availability for each waiver and alternative requirement, collectively or individually, may be extended by a PIH notice should HUD determine this to be necessary. The PHA is not required to keep the waiver/ alternative requirements in-place for the full period of availability (including any extension) but may at any time choose to revert to regular program requirements and operations.

The PHA will continue to conduct its due diligence to abide by statutory and regulatory requirements of the HCV program throughout the state of emergency. However, in the case of inability to meet these demands due to the COVID-19 pandemic, the PHA has adopted and implemented the following waivers and alternative requirements as allowed under Notice PIH 2020-05, Notice PIH 2020-13, Notice PIH 2020-33, and Notice PIH 2021-14.

PHA Policy
Delayed Annual Reexaminations - The PHA is required to conduct a reexamination of family income and composition at least annually.

The PHA will continue to use its best efforts to conduct reexaminations on time. In the case that PHA is unable to meet these demands due to the COVID-19 pandemic, the reexamination will be conducted as soon as practicable, but will apply the prevailing payment standard by the original effective date of the reexamination.

If the PHA delays annual reexaminations for HCV families under this authority, it will comply with the alternative requirement regarding the application of an increase in the payment standard amount during the Housing Assistance Payment (HAP) contract term (see HCV-7 below) if applicable, so as not to delay the application of the increased payment standard amount to the family’s HAP calculation. All delayed annual reexaminations due in calendar year notice should HUD determine this to be necessary. The PHA is not required to keep the waiver/ alternative requirements in-place for the full period of availability (including any extension) but may at any time choose to revert to regular program requirements and operations.

PHA Policy
Delayed Annual Reexaminations - The PHA is required to conduct a reexamination of family income and composition at least annually.

If the PHA delays annual reexaminations for HCV families under this authority, it will comply with the alternative requirement regarding the application of an increase in the payment standard amount during the Housing Assistance Payment (HAP) contract term (see HCV-7 below) if applicable, so as not to delay the application of the increased payment standard amount to the family’s HAP calculation. All delayed annual reexaminations due in calendar year 2020 will be completed by December 31, 2020 (or subsequent extensions provided by HUD). Reexaminations due in calendar year 2021 will be completed by December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021-14, Waiver: PH and HCV-2, p. 10).

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2020 will be completed by December 31, 2020 (or subsequent extensions provided by HUD). Reexaminations due in calendar year 2021 will be completed by December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021-14, Waiver: PH and HCV-2, p. 10).

Income Verifications for Annual and Interim Reexaminations - The PHA is required to follow the HUD income verification hierarchy and use the Enterprise Income Verification (EIV) System to verify family income when conducting annual and interim reexaminations.

The PHA will continue to use its best efforts to follow the HUD income verification hierarchy and provide an EIV report for all reexaminations. In the event that the PHA is unable to collect proper verifications due to the impacts of COVID-19, the PHA may forgo HUD verification hierarchy requirements and may accept self- certifications as the highest form of income verification through December 31, 2021 (or subsequent extensions provided by HUD). (For annual reexaminations only, the PHA may use self-certifications if the PHA wishes to conduct the annual recertification rather than delaying the family’s annual recertification as listed above). This may occur over the telephone (but will be documented by PHA staff with a contemporaneous written record), through an email or postal mail with a self-certification form by the tenant, or through other electronic communications. The PHA may also obtain self- certification through email or postal mail, or through other electronic communications. Due to staffing and technology limitations that have stemmed from the COVID-19 pandemic, the PHA may not include an EIV report with annual or interim reexaminations through December 31, 2021 (or subsequent extensions provided by HUD). (Notice 2021-14, Waivers: PH and HCV-3 and PH and HCV-4, pp. 11-13).

Enterprise Income Verification (EIV) Monitoring - The PHA is required to continuously monitor EIV reports. Due to staffing and technology limitations that have stemmed from the COVID-19 pandemic, the PHA may suspend EIV monitoring through December 31, 2021 (or subsequent extensions provided by HUD). (Notice 2020-33, Waiver: PH and HCV-5, p. 13).

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Family Self-Sufficiency (FSS) Contract of Participation Extension - The PHA may extend a family’s contract of participation in the FSS program for a period not to exceed two years upon a finding of good cause. The circumstances surrounding COVID-19 pandemic qualify as good cause and the PHA may extend FSS contracts when employment has been impacted by the disease. The period of availability during which the PHA may extend the family’s contract of participation using COVID-19 as good cause ends on December 31, 2021 (or subsequent extensions provided by HUD). (Notice 2021-14, Waiver: PH and HCV-6, p. 14).

Waiting List: Opening and Closing; Public Notice - The PHA is required to give public notice by publication in a local newspaper of general circulation and also by minority media and other suitable means when it opens a waiting list. Recognizing the foreseeable difficulties in complying with this requirement in light of the COVID-19 pandemic, the PHA will adopt an alternative requirement that provides public notice in a voicemail message on its main or general information telephone number and through its website through December 31, 2021 (or subsequent extensions provided by HUD). The PHA will comply with applicable fair housing and other civil rights requirements when providing public notice under this alternative requirement, including ensuring effective communication with persons with hearing, visual, and other communication-related disabilities and ensuring meaningful access for persons with limited Family Self-Sufficiency (FSS) Contract of Participation Extension - The PHA may extend a family’s contract of participation in the FSS program for a period not to exceed two years upon a finding of good cause. The circumstances surrounding COVID-19 pandemic qualify as good cause and the PHA may extend FSS contracts when employment has been impacted by the disease. The period of availability during which the PHA may extend the family’s contract of participation using COVID-19 as good cause ends on December 31, 2021 (or subsequent extensions provided by HUD). (Notice 2021-14, Waiver: PH and HCV-6, p. 14).

English proficiency in all notifications and communications (Notice 2021-14, PH and HCV-7, p. 14).

Eligibility Determination: Income Verification - The PHA is required to follow the HUD income verification hierarchy to verify that an applicant is eligible within the 60-day period before the PHA issues a voucher to the applicant. Third-party generated documents under the verification hierarchy are required to be dated within 60 days of the PHA’s request. The PHA will continue to use its best efforts to follow the HUD income verification hierarchy for all applicants at admission. In the event that the PHA is unable to collect proper verifications due to the impacts of COVID-19, the PHA may forgo HUD verification hierarchy requirements and may accept self- certifications as the highest form of income verification through December 31, 2021 (or subsequent extensions provided by HUD).

Applicants must submit an affidavit attesting to reported income, assets, expenses and other factors which would affect an income eligibility determination. Additionally, applicants may provide third- party documentation which represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request. For each new admission under this waiver, the PHA will comply with reviewing and monitoring the reports by the time frames set forth in this waiver. (Notice 2021-14, Waivers: PH and HCV-8, pp. 15-16).

Eligibility Determination: Social Security Number and Citizenship Verification - At admission, the PHA is required to verify social security numbers (SSN), U.S. citizenship or eligible immigration status for noncitizens, date of birth, and disability status for all applicants to determine their program eligibility. The PHA will continue to use its best efforts to collect proper verifications for all applicants at admission. In the event that the PHA is unable to collect proper verifications due to the impacts of COVID-19, the PHA may follow the HUD income verification hierarchy for all applicants at admission. In the event that the PHA is unable to collect proper verifications due to the impacts of COVID-19, the PHA may forgo HUD verification hierarchy requirements and may accept self- certifications as the highest form of income verification through December 31, 2021 (or subsequent extensions provided by HUD).

Eligibility Determination: Social Security Number and Citizenship Verification - At admission, the PHA is required to verify social security numbers (SSN), U.S. citizenship or eligible immigration status for noncitizens, date of birth, and disability status for all applicants to determine their program eligibility. The PHA will continue to use its best efforts to collect proper verifications for all applicants at admission. In the event that the PHA is unable to collect proper verifications due to the impacts of COVID-19, the PHA may admit applicants who are unable to provide the required SSN, citizenship or eligible immigration status, and require that applicant submit the required documentation within 90 days of admission to remain eligible for continued assistance, pending verification.

Additionally, the PHA may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the PHA will obtain a higher level of verification within 90 days of admission or verify the information in EIV to authenticate applicant eligibility.

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admit applicants who are unable to provide the required SSN, citizenship or eligible immigration status, and require that applicant submit the required documentation within 90 days of admission to remain eligible for continued assistance, pending verification.

This waiver is available through December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021-14, Waivers: PH and HCV-9, pp. 16-17).

Administrative Plan - HUD regulation requires that any revisions of the PHA’s Administrative Plan must be formally adopted by the PHA Board of Commissioners or other authorized PHA officials.

HUD and the PHA have recognized the foreseeable difficulties in complying with this requirement in light of the COVID-19 pandemic. PIH Notice 2021-14 allows the PHA to adopt these waivers on a temporary basis without Board approval through September 30, 2021. The PHA will formally adopt these provisions no later than December 31, 2021 (Notice 2021-14, Waiver: HCV-1, p. 25).

PHA Oral Briefings - The PHA is required through federal regulations to provide an oral briefing to the families that the PHA has selected to participate in either the HCV or PBV program.

Administrative Plan - HUD regulation requires that any revisions of the PHA’s Administrative Plan must be formally adopted by the PHA Board of Commissioners or other authorized PHA officials.

PHA Oral Briefings - The PHA is required through federal regulations to provide an oral briefing to the families that the PHA has selected to participate in either the HCV or PBV program.

Conducting in-person oral briefings during the COVID-19 poses health risks for families and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter- in-place or other social distancing practices designed to contain and reduce exposure to the disease. In lieu of in-person oral briefings, the PHA will conduct the briefing by other means such as a telephone call, webcast, video call, or expanded information packet through December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. Section 504 and the ADA require PHAs to ensure effective communication with applicants, participants and members of the public in all communications and notices. The PHA will ensure that the method of communication for the briefing effectively communicates with, and allows for equal participation of, each family member, including those with vision, hearing, and other communication-related ATTACHMENT 1 Page 39 of 50
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PHA will conduct the briefing by other means such as a telephone call, webcast, video call, or expanded information packet through December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. Section 504 and the ADA require PHAs to ensure effective communication with applicants, participants and members of the public in all communications and notices. The PHA will ensure that the method of communication for the briefing effectively communicates with, and allows for equal participation of, each family member, including those with vision, hearing, and other communication-related disabilities, and ensures meaningful access for persons with limited English proficiency (Notice 2021-14, Waiver: HCV-2, p. 25).

Voucher Extensions - The PHA may grant a family one or more extension of the initial voucher term in accordance with its PHA policy as described in its PHA Administrative Plan. Due to the impacts that the COVID-19 pandemic may have on finding housing, the PHA may issue extensions beyond what is typically allowable under Chapter 5-II.E. of the Administrative Plan through December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021- 34, Waiver: HCV-3, p. 25-26).

HAP Execution - Typically, the PHA may not make any housing assistance payments to the owner until the HAP contract is executed.

The PHA will continue to use its best efforts to execute the HAP contract no later than 60 days from the beginning of the lease term.

In the case of inability to meet these demands due to the COVID-19 pandemic, the PHA may take up to 120 days from the beginning of the lease term to fully execute the HAP contract and make HAP payments back to the beginning of the lease term through December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021- 14, Waiver: HCV-4, p. 26).
disabilities, and ensures meaningful access for persons with limited English proficiency (Notice 2021-14, Waiver: HCV-2, p. 25).

HAP Execution - Typically, the PHA may not make any housing assistance payments to the owner until the HAP contract is executed.

The PHA will continue to use its best efforts to execute the HAP contract no later than 60 days from the beginning of the lease term.

Absence from Unit - HUD regulations require that a family may not be absent from the unit for a period of more than 180 consecutive calendar days for any reason. The PHA recognizes that families may have to relocate to protect their health and safety due to the COVID- 19 pandemic. The PHA may waive its policies of family absences listed on Chapter 12-I.E. of the Administrative Plan at its discretion, may continue housing assistance payments, and not terminate the HAP contract if the family’s absence is related to a COVID-19 related emergency. The PHA will maintain documentation in the tenant file which explains the extenuating circumstances that caused the extended absence. The PHA may waive these policies through December 31, 2021 (or subsequent extensions provided by HUD).

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The PHA may not make payments beyond December 31, 2021, and the HAP contract will terminate on that date if the family is still absent from the unit (Notice 2021-14, Waiver: HCV-5 p. 26).

Termination of the HAP Contract/Family Self-Sufficiency - When family’s income increases to the extent that the housing assistance payment is reduced to $0, the PHA is required by regulation to automatically terminate HAP contract 180 days after the last housing assistance payment to the owner. The PHA recognizes that the COVID-19 pandemic is creating economic and employment
instability for many families, as well as situations where families may on a temporary basis be adding members whose additional income may result in a $0 HAP subsidy calculation. Upon written notice to the owner and the family, the PHA may extend the HAP contract beyond 180 days from the date that the family became self- sufficient but may not extend beyond December 31, 2021 (or subsequent extensions provided by HUD) (Notice 2021-14, Waiver:

HCV-6, p. 27).

The PHA may not make payments beyond December 31, 2021, and the HAP contract will terminate on that date if the family is still absent from the unit (Notice 2021-14, Waiver: HCV-5 p. 26).

HCV-6, p. 27).

Increase in Payment Standard During HAP Contract Term - HUD regulation requires that if the payment standard amount is increased during the term of the HAP contract, the increased payment standard amount shall be used to calculate the monthly housing assistance payment for the family beginning at the effective date of the family’s first regular reexamination on or after the effective date of the increase in the payment standard amount. Recognizing that the COVID-19 pandemic has creating uncertainty for owners and families, the PHA may apply the increased payment standard at any time (e.g., interim reexamination, owner rent increase) after the effective date of the increase in the payment standard amount, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family’s first regular reexamination following the change. If the PHA has delayed the family’s annual reexamination under the waiver PH and HCV-2 (above), the PHA will use the increased payment standard amount to calculate the family’s HAP beginning the date that the family’s first regular reexamination would have been effective in the absence of the waiver. Alternatively, the PHA may conduct an interim reexamination where the only change is the increased payment standard amount. Regardless of the method used, the participant must receive the increased payment standard no later than the effective date of the family’s first regular reexamination following the increased payment standard. This waiver is available through December 31, 2021 (Notice 2021-14, Waiver: HCV-7, p. 27).

Utility Allowance - The PHA is required to review its utility allowance schedule each year and revise it if there has been a change of 10 percent or more in a utility rate since the last time it was revised. The PHA recognizes that there may be delays in receiving information required for the utility allowance review due to the COVID-19 pandemic. In the event that the PHA experiences delays (above), the PHA will use the increased payment standard amount to calculate the family’s HAP beginning the date that the family’s first regular reexamination would have been effective in the absence of the waiver. Alternatively, the PHA may conduct an interim reexamination where the only change is the increased payment standard amount. Regardless of the method used, the participant must receive the increased payment standard no later than the effective date of the family’s first regular reexamination following the increased payment standard. This waiver is available through December 31, 2021 (Notice 2021-14, Waiver: HCV-7, p. 27).

Mandatory Removal of Unit from PBV HAP Contract - Under the PBV program, a PHA is required to remove a unit from a PBV HAP contract after 180 days of zero housing assistance payments to the unit owner on behalf of the family residing in the unit. In recognition that the COVID-19 pandemic is creating uncertainty for owners and families, the PHA may use its discretion to keep such units under contract for a period of time that exceeds 180 days but does not extend beyond June 30, 2021 (or subsequent extensions provided by HUD). The PHA may resume housing assistance payments on behalf of a family residing in such a unit should the family’s income change at any point during the period of time covered by the extension (Notice 2021-14, Waiver: HCV-14, p. 30).

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on receiving information, the PHA may conduct a review of the utility allowances that were due at some point in CY 2020 by December 31, 2021(Notice 2021-14, Waiver: HCV-8, p. 28).

Project-Based Voucher (PBV) and Enhanced Voucher (EV)
Provisions on Under-Occupied Units Statutory Authority: PBV and EV Provisions on Under-Occupied Units – Several HUD regulations and Notices have established regulatory authority that address how families in under-occupied PBV units, Rental Assistance Demonstration (RAD) PBV units, and Enhanced Voucher (EV) units must be appropriately-sized. The PHA recognizes the impact and the difficulty that the COVID-19 pandemic has created in finding stable housing for many families. The PHA may allow a family to initially lease an under-occupied PBV or RAD PBV unit (a unit that has more bedrooms than what the family qualifies for under PHA subsidy standards) under certain circumstances as further described below, and to allow for the continued occupancy of PBV and EV families already under a lease for an under-occupied PBV, RAD PBV, or EV unit. This includes waiver of the statutory provisions concerning single person families, so that the PHA may allow a single person to Project-Based Voucher (PBV) and Enhanced Voucher (EV)
Provisions on Under-Occupied Units Statutory Authority: PBV and EV Provisions on Under-Occupied Units – Several HUD regulations and Notices have established regulatory authority that address how families in under-occupied PBV units, Rental Assistance Demonstration (RAD) PBV units, and Enhanced Voucher (EV) units must be appropriately-sized. The PHA recognizes the impact and the difficulty that the COVID-19 pandemic has created in finding stable housing for many families. The PHA may allow a family to initially lease an under-occupied PBV or RAD PBV unit (a unit that has more bedrooms than what the family qualifies for under PHA subsidy standards) under certain circumstances as further described below, and to allow for the continued occupancy of PBV and EV families already under a lease for an under-occupied PBV, RAD PBV, or EV unit. This includes waiver of the statutory provisions concerning single person families, so that the PHA may allow a single person to lease a unit with more than 2 bedrooms under the conditions set forth below.
- The PHA may approve a homeless family on the waiting list (or a homeless family referred as part of the HUD-VASH program, if applicable) to initially lease an under-occupied PBV or RAD PBV unit, provided the PHA has no families on the waiting list, after outreach and marketing, that qualify for the PBV or RAD PBV unit.

lease a unit with more than 2 bedrooms under the conditions set forth below.
- The PHA may approve a homeless family on the waiting list (or a homeless family referred as part of the HUD-VASH program, if applicable) to initially lease an under-occupied PBV or RAD PBV unit, provided the PHA has no families on the waiting list, after outreach and marketing, that qualify for the PBV or RAD PBV unit.

The family will become subject to § 983.260 no later than the end of the lease term following the expiration of this waiver. - The PHA may allow a family currently occupying an under- occupied PBV unit (or a RAD PBV unit that the family leased after conversion) to remain in the unit until the end of the lease term following the expiration of this waiver, at which time the family will become subject to § 983.260. This also applies to an eligible family whose current under- occupied unit has been subject to a conversion action and placed under a PBV HAP contract, so that the family may continue to lease the same unit under these conditions. - The PHA may allow a family that is currently occupying an under-occupied RAD PBV unit or EV unit, and that was occupying the unit at conversion, to remain in the unit until the end of the lease term following the expiration of this waiver, at which time the family will become subject to the relevant requirement (as described in H 2019-09/PIH 2019-23 and PIH 2016-02, as applicable) to move to an appropriately-sized unit in the project when one becomes available.

This waiver does not affect other requirements for family eligibility or the PBV program. This waiver is available through December 31, 2021. Any PBV, RAD PBV, or EV family residing in an under- occupied unit on this date in accordance with this waiver may remain in the unit until the end of the family’s lease term following this date, at which time the family will be subject to the relevant requirement action and placed under a PBV HAP contract, so that the family may continue to lease the same unit under these conditions. - The PHA may allow a family that is currently occupying an under-occupied RAD PBV unit or EV unit, and that was occupying the unit at conversion, to remain in the unit until the end of the lease term following the expiration of this waiver, at which time the family will become subject to the relevant requirement (as described in H 2019-09/PIH 2019-23 and PIH 2016-02, as applicable) to move to an appropriately-sized unit in the project when one becomes available.

Mainstream Age Eligibility to Enter HAP Contract - HUD
regulations require that eligible member of a Mainstream household must be non-elderly, defined as at least 18 years of age and under 62 years of age (not yet reached their 62nd birthday) to be eligible to be placed under HAP contract. A Mainstream-eligible individual issued a voucher at 61 years of age may not be able to lease the voucher before their 62nd birthday. The PHA recognizes that the COVID-19 pandemic has impacted PHA operations, unit searches may not have been possible due to shelter-in-place orders, or the movement of people has been significantly restricted. As an alternative requirement, the PHA may expand the definition of an eligible non- elderly family member to include those who were issued a voucher prior to turning 62 and were not yet 63 on the effective date of the HAP Contract through December 31, 2021 (or subsequent extensions provided by HUD). (Notice 2021-14, Waiver: MS-3, p. 52).

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for under-occupied units (Notice 2021-14, Waiver: HCV-15, pp. 30- 33).

Initial HQS Inspections - The PHA is required to conduct an initial inspection of a unit within certain time frames before the beginning of the initial lease term and before any housing assistance payment (HAP) is made to determine whether the unit meets HQS.

Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA will allow an owner’s self-certification that the owner has no reasonable basis to have knowledge that life- threatening conditions exist in the unit or units in question instead of conducting an initial inspection through December 31, 2021 (or subsequent extensions provided by HUD). At minimum, the PHA will require this owner certification. For any units for which the PHA has accepted a self-certification, the PHA will conduct an initial HQS inspection on the unit as soon as it is reasonably possible and safe to do so but not later than June 30, 2022 (or subsequent extensions provided by HUD). The use of this waiver by the PHA does not relieve owners of their responsibility to maintain the unit in accordance with HQS as required in the HAP contract, nor does it in any way restrict the PHA from taking action to enforce the owner’s obligations (Notice 2021-14, Waiver: HQS-1, p. 19).

will require this owner certification. For any units for which the PHA has accepted a self-certification, the PHA will conduct an initial HQS inspection on the unit as soon as it is reasonably possible and safe to do so but not later than June 30, 2022 (or subsequent extensions provided by HUD). The use of this waiver by the PHA does not relieve owners of their responsibility to maintain the unit in accordance with HQS as required in the HAP contract, nor does it in any way restrict the PHA from taking action to enforce the owner’s obligations (Notice 2021-14, Waiver: HQS-1, p. 19).

Current regulations allow the PHA to approve an assisted tenancy and execute a HAP contract if a unit failed to meet HQS only as the result of Non-Life-Threatening (NLT) deficiencies. Owners are required to correct the NLT deficiencies within 30 days, otherwise the PHA must withhold HAP payments. Given the circumstances surrounding the COVID-19 pandemic, the PHA may provide an extension of up to an additional 30 days to make the repairs and continue to make payments to the owner during the period of that maximum 30-day extension. However, if repairs are not made within 60 days, (this includes the additional 30 day extension listed above), the PHA will withhold payments until the repairs are made. The PHA may approve this additional extension through December 31, 2021 (or subsequent extensions provided by HUD). The extension to make the NLT repairs may extend beyond December 31, 2021, depending on the date the PHA approved the extension. For example, if the PHA approved the extension on December 15, 2021, the maximum extension provided to the owner would be January 14, 2022 (Notice 2021-14, Waiver: HQS-3, p. 20).

PBV Pre-HAP Contract Inspections - The PHA is required to inspect each PBV contract unit before execution of the HAP contract and the HAP contract may not be executed until the units fully comply with HQS. For rehabilitated and newly constructed units, the PHA is 60 days, (this includes the additional 30 day extension listed above), the PHA will withhold payments until the repairs are made. The PHA may approve this additional extension through December 31, 2021 (or subsequent extensions provided by HUD). The extension to make the NLT repairs may extend beyond December 31, 2021, depending on the date the PHA approved the extension. For example, if the PHA approved the extension on December 15, 2021, the maximum extension provided to the owner would be January 14, 2022 (Notice 2021-14, Waiver: HQS-3, p. 20).

required to inspect the units to determine if the housing has been completed in accordance with the Agreement to Enter into the HAP Contract (AHAP), including compliance with the HQS and any additional requirement imposed by the PHA under the Agreement.

Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA will allow an owner’s self-certification that the owner has no reasonable basis to have knowledge that life- threatening conditions exist in the unit or units in question through December 31, 2022 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. At minimum, the PHA will require this owner certification. If the PHA has imposed an additional requirement under the AHAP for newly constructed or rehabilitated projects, the PHA will allow the owner to certify that the PHA requirement has been met instead of inspecting the housing to make that determination through December 31, 2022 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. For any units for which the PHA accepted an owner’s self-certification, the PHA must conduct an HQS inspection as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD) (Notice 2021-14, Waiver: HQS-2, p. 19-20).

Biennial HQS Inspections - The PHA is required to inspect units not less than biennially during the term of the HAP contract. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. For any units for which the PHA accepted an owner’s self-certification, the PHA must conduct an HQS inspection as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD) (Notice 2021-14, Waiver: HQS-2, p. 19-20).

Biennial HQS Inspections - The PHA is required to inspect units not less than biennially during the term of the HAP contract. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA may delay any biennial inspections and instead, the PHA may rely on the owner’s certification that the owner has no reasonable basis to have knowledge that life-threatening conditions exist in the unit or units in question. At minimum, the PHA will require this owner certification. The PHA must resume biennial inspections by December 31, 2021. The PHA must conduct all delayed biennial inspections from CY 2020 as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD).

The PHA must conduct all delayed biennial inspections from CY 2021 as soon as reasonably possible but no later than December 31, 2022 (or subsequent extensions provided by HUD). The use of this waiver by the PHA does not relieve owners of their responsibility to maintain the unit in accordance with HQS as required in the HAP contract, nor does it in any way restrict the PHA from taking action to enforce the owner’s obligations (Notice 2021-14, Waiver: HQS-5 p. 21-22).

practices designed to contain and reduce exposure to the disease. The PHA may delay any biennial inspections and instead, the PHA may rely on the owner’s certification that the owner has no reasonable basis to have knowledge that life-threatening conditions exist in the unit or units in question. At minimum, the PHA will require this owner certification. The PHA must resume biennial inspections by December 31, 2021. The PHA must conduct all delayed biennial inspections from CY 2020 as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD).

HQS Interim Inspections - If the PHA is notified that the assisted unit does not comply with the HQS by a family or government official, the PHA is required to inspect an assisted unit within 24 hours of when the PHA received the notification if the condition is life-threatening, or within 15 days is the reported condition is not life-threatening. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter- in-place or other social distancing practices designed to contain and reduce exposure to the disease. If the reported deficiency is life- threatening, the PHA will notify the owner of the reported life- threatening deficiency and the owner must either correct the life- threatening deficiency within 24 hours of the PHA notification or hours of when the PHA received the notification if the condition is life-threatening, or within 15 days is the reported condition is not life-threatening. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter- in-place or other social distancing practices designed to contain and reduce exposure to the disease. If the reported deficiency is life- threatening, the PHA will notify the owner of the reported life- threatening deficiency and the owner must either correct the life- threatening deficiency within 24 hours of the PHA notification or provide documentation (e.g., text or email a photo to the PHA) that the reported deficiency does not exist through December 31, 2022 (or subsequent extensions provided by HUD). In the case of a reported non-life-threatening deficiency, the PHA will notify the owner of the reported deficiency within 30 days and the owner must either make the repair or document that the deficiency does not exist within 30 days of the PHA notification or any approved PHA extension through December 31, 2021 (or subsequent extensions provided by HUD). As is the case under the current HCV program requirements, the PHA is not required to conduct an in-person inspection to verify the repairs have been made but may rely on alternative verification methods (e.g., photos submitted by the owner, tenant certification, etc.). After December 31, 2021 (or subsequent extensions provided by HUD), the PHA must conduct the HQS inspection in accordance with the applicable time periods upon notification by a family or government official that the assisted unit does not comply with the HQS (Notice 2021-14, Waiver: HQS-6 p. 22-23).

PBV Turnover Units - The PHA is required to conduct an inspection before providing assistance to a new family in a PBV contract unit.

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provide documentation (e.g., text or email a photo to the PHA) that the reported deficiency does not exist through December 31, 2022 (or subsequent extensions provided by HUD). In the case of a reported non-life-threatening deficiency, the PHA will notify the owner of the reported deficiency within 30 days and the owner must either make the repair or document that the deficiency does not exist within 30 days of the PHA notification or any approved PHA extension through December 31, 2021 (or subsequent extensions provided by HUD). As is the case under the current HCV program requirements, the PHA is not required to conduct an in-person inspection to verify the repairs have been made but may rely on alternative verification methods (e.g., photos submitted by the owner, tenant certification, etc.). After December 31, 2021 (or subsequent extensions provided by HUD), the PHA must conduct the HQS inspection in accordance with the applicable time periods upon notification by a family or government official that the assisted unit does not comply with the HQS (Notice 2021-14, Waiver: HQS-6 p. 22-23).

PBV Turnover Units - The PHA is required to conduct an inspection before providing assistance to a new family in a PBV contract unit.

Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA will allow an owner’s self-certification that the owner has no reasonable basis to have knowledge that life- threatening conditions exist in the unit or units in question to allow a new family to occupy the vacated PBV unit until December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. At minimum, the PHA will require this owner certification. For any units for which the PHA PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA will allow an owner’s self-certification that the owner has no reasonable basis to have knowledge that life- threatening conditions exist in the unit or units in question to allow a new family to occupy the vacated PBV unit until December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later. At minimum, the PHA will require this owner certification. For any units for which the PHA accepted an owner’s self-certification, the PHA must conduct an HQS inspection as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD) (Notice 2021- 14, Waiver: HQS-7, p. 23).

PBV HAP Contract, HQS Inspections to Add or Substitute Units - The PHA may amend the HAP contract to add additional PBV contract units or to substitute a different unit for a previously covered contract under its own discretion. The PBV requirements include inspecting the proposed substitute or additional unit to determine that the unit meets HQS before it may be added to the HAP contract.

accepted an owner’s self-certification, the PHA must conduct an HQS inspection as soon as reasonably possible but no later than June 30, 2022 (or subsequent extensions provided by HUD) (Notice 2021- 14, Waiver: HQS-7, p. 23).

HQS Quality Control Inspections - The PHA is required to conduct supervisory quality control inspections of a sampling of units under contracts. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health contract based upon an owner’s self-certification, the PHA must conduct an HQS inspection as soon as reasonably possible but no later than June 30, 2022. (Notice 2021-14, Waiver: HQS-8, pp. 23- 24).

HQS Quality Control Inspections - The PHA is required to conduct supervisory quality control inspections of a sampling of units under contracts. Conducting physical inspections of units in communities during the COVID-19 poses health risks for families, participating owners, and PHA personnel, and may run counter to public health orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA may waive this regulatory requirement and not conduct HQS quality control inspections through December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later (Notice 2021-14, Waiver: HQS-9 p. 24).

HQS Space Standards and Family Additions - The PHA is required to comply with a minimum space standard for both an HCV and PBV assisted family. The PHA recognizes the health and safety precautions that assisted families may take due to the COVID-19 pandemic. The PHA may add a member or members to the assisted household as a result of the COVID-19 pandemic even if the additional family members would result in the unit not meeting the space and security standards. This provision does not apply to an initial or new lease. A participant must not enter into a new lease for a unit that does not comply with the space and security standards.

The PHA will not require the family to move until the end of the current lease term or
May 4, 2022 or whichever is later (or subsequent extensions provided by HUD), (Notice 2021-14, Waiver: HQS-10 p. 24).

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orders, directives, or recommendations such as shelter-in-place or other social distancing practices designed to contain and reduce exposure to the disease. The PHA may waive this regulatory requirement and not conduct HQS quality control inspections through December 31, 2021 (or subsequent extensions provided by HUD) or after the state of emergency is lifted, whichever is later (Notice 2021-14, Waiver: HQS-9 p. 24).

Anaheim City CouncilApril 2, 2024

Anaheim City Council
April 2, 2024