s
ANAHEIM HOUSING AUTHORITY
ADMINISTRATIVE PLAN FOR THE
SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
EFFECTIVE APRIL 1, 2026
Administrative Plan -Table of Contents
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Introduction
HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
HOTMA 102/104 ................................................................................................................... Intro-1 HOTMA Voucher Final Rule ................................................................................................ Intro-2
ABOUT THE ADMINISTRATIVE PLAN
References Cited in the Administrative Plan ......................................................................... Intro-3 HUD ....................................................................................................................................... Intro-3 NSPIRE and HQS in the Administrative Plan ....................................................................... Intro-4 HOTMA Sections 102 And 104 Changes in the Model Policy ............................................. Intro-4 HOTMA Voucher Final Rule Changes in the Model Policy ................................................. Intro-5 Resources Cited in the Administrative Plan .......................................................................... Intro-6
Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION………………………………………………………………………………1-1
PART I: THE PHA ................................................................................................................ 1-2 1-I.A. Overview ................................................................................................. 1-2 1-I.B. Organization and Structure of the PHA .................................................. 1-2 1-I.C. PHA Mission .......................................................................................... 1-2 1-I.D. The PHA’s Programs .............................................................................. 1-3 1-I.E. The PHA’s Commitment to Ethics and Service ..................................... 1-3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ................................. 1-4 1-II.A. Overview and History of the Program .................................................... 1-4 1-II.B. HCV Program Basics .............................................................................. 1-6 1-II.C. The HCV Partnerships ............................................................................ 1-6 The HCV Relationships: ................................................................... 1-7 What does HUD do? ......................................................................... 1-8 What does the PHA do? .................................................................... 1-8 What does the Owner do? ................................................................. 1-9 What does the Family do? .............................................................. 1-10 1-II.D. Applicable Regulations ......................................................................... 1-10 PART III: THE HCV ADMINISTRATIVE PLAN ............................................................... 1-11 1-III.A. Overview and Purpose of the Plan ........................................................ 1-11 1-III.B. Contents of the Plan (24CFR 982.54) ................................................... 1-11 Mandatory vs. Discretionary Policy ............................................... 1-13 1-III.C. Organization of the Plan ....................................................................... 1-13 1-III.D. Updating and Revising the Plan ........................................................... 1-13 Administrative Plan -Table of Contents
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Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION………………………………………………………………………………2-1
PART I: NONDISCRIMINATION....................................................................................... 2-2 2-I.A. Overview ................................................................................................. 2-2 2-I.B. Nondiscrimination .................................................................................. 2-3 Providing Information to Families and Owners ............................... 2-4 2-I.C. Discrimination Complaints ..................................................................... 2-5 General Housing Discrimination Complaints ................................... 2-5 Complaints under the Equal Access Final Rule ............................... 2-6 VAWA Complaint Processing .......................................................... 2-7 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................. 2-8 2-II.A. Overview ................................................................................................. 2-8 2-II.B. Definition of Reasonable Accommodation ............................................ 2-9 Types of Reasonable Accommodations ............................................ 2-9 2-II.C. Request for an Accommodation ........................................................... 2-10 2-II.D. Verification of Disability ...................................................................... 2-11 2-II.E. Approval/Denial of a Requested Accommodation
[Joint Statement of the Departments of HUD and Justice:
Reasonable Accommodations under the Fair Housing Act]. ................ 2-12 2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments ......................................................................... 2-14 2-II.G. Physical Accessibility ........................................................................... 2-15 2-II.H. Denial or Termination of Assistance .................................................... 2-16 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) ....................................................................... 2-17 2-III.A. Overview ............................................................................................... 2-17 2-III.B. Oral Interpretation ................................................................................ 2-18 2-III.C. Written Translation ............................................................................... 2-18 2-III.D. Implementation Plan ............................................................................. 2-19 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201] .......................................................................... 2-20 Administrative Plan -Table of Contents
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Chapter 3
ELIGIBILITY
INTRODUCTION………………………………………………………………………………3-1
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.......................... 3-2 3-I.A. Overview ................................................................................................. 3-2 3-I.B. Family and Household [24 CFR 982.201(c), HUD-50058 IB, p. 13] .... 3-2 Family ............................................................................................... 3-2 Household ......................................................................................... 3-3 3-I.C. Family Break-Up and Remaining Member of Tenant Family ................ 3-4 Family Break-up [24 CFR 982.315] ................................................. 3-4 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3-5 3-I.D. Head of Household [24 CFR 5.504(b)] .................................................. 3-5 3-I.E. Spouse, Cohead, and Other Adult .......................................................... 3-5 3-I.F. Dependent [24 CFR 5.603] ..................................................................... 3-6 Joint Custody of Dependents ............................................................ 3-6 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB p. 5-29] ........................... 3-6 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403] ...................................................................... 3-7 Elderly Persons ................................................................................ 3-7 Near-Elderly Persons ........................................................................ 3-7 Elderly Family .................................................................................. 3-7 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403] ............ 3-8 Persons with Disabilities................................................................... 3-8 Disabled Family ................................................................................ 3-8 3-I.J. Guests [24 CFR 5.100] ........................................................................... 3-8
3.I.K. Foster Children and Foster Adults .......................................................... 3-9 3-I.L. Absent Family Members ....................................................................... 3-10 Definitions of Temporarily and Permanently Absent ..................... 3-10 Absence of Entire Family…………………………………………3-10
Absent Students .............................................................................. 3-11 Absences Due to Placement in Foster Care [24 CFR 5.403] .......... 3-11 Absent Head, Spouse, or Cohead ................................................... 3-11 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] ......................................................................... 3-11 Return of Permanently Absent Family Members ........................... 3-12 3-I.M. Live-In Aide .......................................................................................... 3-13 PART II: BASIC ELIGIBILITY CRITERIA ....................................................................... 3-15 3-II.A. Income Eligibility and Targeting .......................................................... 3-15 Income Limits ................................................................................. 3-15 Types of Low-Income Families [24 CFR 5.603(b)] ....................... 3-15 Using Income Limits for Eligibility [24 CFR 982.201] ................. 3-15 Using Income Limits for Targeting [24 CFR 982.201] .................. 3-16 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3-17 Declaration [24 CFR 5.508] ........................................................... 3-17 Mixed Families ............................................................................... 3-18 Administrative Plan -Table of Contents
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Ineligible Families [24 CFR 5.514(d), (e), and (f)] ........................ 3-18 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] .......................................................................... 3-19 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218] ........................... 3-19 3-II.D. Family Consent to Release of Information [24 CFR 5.230, HCV GB, p. 5-13] ................................................................................. 3-20 3-II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612 and FR Notice 4/10/06] ................................................ 3-21 Definitions ...................................................................................... 3-21 Determining Student Eligibility ...................................................... 3-24 PART III: DENIAL OF ASSISTANCE ................................................................................ 3-26 3-III.A. Overview ............................................................................................... 3-26 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ........ 3-26 Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), Pub.L. 109-162] ........................................... 3-26 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a)] ........................ 3-27 3-III.C. Other Permitted Reasons for Denial of Assistance ............................... 3-28 Criminal Activity [24 CFR 982.553] .............................................. 3-28 Previous Behavior in Assisted Housing [24 CFR 982.552(c)] ....... 3-29 3-III.D. Screening .............................................................................................. 3-31 Screening for Eligibility ................................................................. 3-31 Screening for Suitability as a Tenant [24 CFR 982.307] ................ 3-32 3-III.E. Criteria for Deciding to Deny Assistance ............................................. 3-33 Evidence [24 CFR 982.553(c)] ....................................................... 3-33 Consideration of Circumstances [24 CFR 982.552(c)(2)] .............. 3-33 Removal of a Family Member's Name from the Application
[24 CFR 982.552(c)(2)(ii)] ............................................................. 3-35 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ............. 3-35 3-III.F. Notice of Eligibility or Denial .............................................................. 3-36 3-III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, and Stalking
[24 CFR Part 5, Subpart L] ................................................................... 3-37 Definitions [24 CFR 5.2003] ................................................................ 3-27 Notification ........................................................................................... 3-38 Documentation ...................................................................................... 3-38 PHA Confidentiality Requirements [24 CFR 5.2007(a)(1)(v)] ............ 3-39 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3-40 Person with Disabilities [24 CFR 5.403] .............................................. 3-40 Individual with Handicaps [24 CFR 8.3] ............................................. 3-41 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] ............ 3-43 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ............................................ 3-43 Administrative Plan -Table of Contents
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Chapter 4
APPLICATIONS, WAITING LIST, AND TENANT SELECTION
INTRODUCTION………………………………………………………………………………4-1
PART I: THE APPLICATION PROCESS ........................................................................... 4-2 4-I.A. Overview ................................................................................................. 4-2 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] .................................. 4-2 4-I.C. Accessibility of the Application Process ................................................ 4-3 Elderly and Disabled Populations [24 CFR 8 and HCV GB,
pp. 4-11 – 4-13] ................................................................................ 4-3 Limited English Proficiency ............................................................. 4-3 4-I.D. Placement on the Waiting List ................................................................ 4-4 Ineligible for Placement on the Waiting List .................................... 4-4 Eligible for Placement on the Waiting List ...................................... 4-4 PART II: MANAGING THE WAITING LIST...................................................................... 4-5 4-II.A. Overview ................................................................................................. 4-5 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205] ................ 4-5 4-II.D. Opening the Waiting List [24 CFR 982.206] ......................................... 4-6 Lottery Option .................................................................................. 4-6 4-II.C. Closing the Waiting List [24 CFR 982.206] ........................................... 4-7 4-II.E. Family Outreach [HCV GB, pp. 4-2 to 4-4] ........................................... 4-7 4-II.F. Reporting Changes in Family Circumstances ......................................... 4-8 4-II.G. Updating the Waiting List [24 CFR 982.204] ........................................ 4-8 Purging the Waiting List ................................................................... 4-8 Removal from the Waiting List ........................................................ 4-9 PART III: SELECTION FOR HCV ASSISTANCE ............................................................. 4-10 4-III.A. Overview ............................................................................................... 4-10 4-III.B. Selection and HCV Funding Sources ................................................... 4-10 Special Admissions [24 CFR 982.203] .......................................... 4-10 Targeted Funding [24 CFR 982.204(e)] ......................................... 4-10 Regular HCV Funding .................................................................... 4-10 4-III.C. Selection Method .................................................................................. 4-11 Local Preferences [24 CFR 982.207; HCV p. 4-16] ...................... 4-11 Income Targeting Requirement [24 CFR 982.201(b)(2)] ............... 4-13 Order of Selection ........................................................................... 4-13 4-III.D. Notification of Selection ....................................................................... 4-14 4-III.E. The Application Interview .................................................................... 4-15 4-III.F. Completing the Application Process .................................................... 4-17 Administrative Plan -Table of Contents
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Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS ...................................................... 5-1 5-I.A. Overview ................................................................................................. 5-2 5-I.B. Briefing [24 CFR 982.301] ..................................................................... 5-2 Notification and Attendance ............................................................. 5-2 Oral Briefing [24 CFR 982.301(a)] .................................................. 5-3 Briefing Packet [24 CFR 982.301(b)] .............................................. 5-4 Additional Items to be Included in the Briefing Packet ................... 5-5 5-I.C. Family Obligations ................................................................................ 5-6 Time Frames for Reporting Changes Required by Family
Obligations ........................................................................................ 5-6 Family Obligations [24 CFR 982.551] ............................................. 5-6 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .................................... 5-9 5-II.A. Overview ................................................................................................. 5-9 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] ................ 5-9 5-II.C. Exceptions to Subsidy Standards .......................................................... 5-11 5-II.D. Voucher Issuance [24 CFR 982.302] .................................................... 5-12 5-II.E. Voucher Term, Extensions, and Suspensions ....................................... 5-13 Voucher Term [24 CFR 982.303] ................................................... 5-13 Extensions of Voucher Term [24 CFR 982.303(b)] ....................... 5-13 Suspensions of Voucher Term [24 CFR 982.303(c)] ..................... 5-14 Expiration of Voucher Term ........................................................... 5-14 Administrative Plan -Table of Contents
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Chapter 6
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
INTRODUCTION………………………………………………………………………………6-1
PART I: ANNUAL INCOME ............................................................................................... 6-2 6-I.A. Overview ................................................................................................. 6-2 6-I.B. Household Composition and Income ...................................................... 6-3 Summary of Income Included and Excluded by Person ................... 6-3 Temporarily Absent Family Members .............................................. 6-3 Family Members Permanently Confined for Medical Reasons ........ 6-4 Joint Custody of Dependents ............................................................ 6-4 Caretakers for a Child ....................................................................... 6-5 6-I.C. Anticipating Annual Income .................................................................. 6-6 Basis of Annual Income Projection .................................................. 6-6 Projecting Income ............................................................................. 6-7 6-I.D. Earned Income ........................................................................................ 6-8 Types of Earned Income Included in Annual Income ...................... 6-8 Types of Earned Income Not Counted in Annual Income ............... 6-8 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617] ..................................................................................... 6-11 Eligibility ........................................................................................ 6-11 Calculation of the Disallowance ..................................................... 6-12 6-I.F. Business Income [24 CFR 5.609(b)(2)] ................................................ 6-13 Business Expenses .......................................................................... 6-13 Business Expansion ........................................................................ 6-13 Capital Indebtedness ....................................................................... 6-13 Negative Business Income .............................................................. 6-15 Withdrawal of Cash or Assets from a Business .............................. 6-15 Co-owned Businesses ..................................................................... 6-15 6-I.G. Assets [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)] ............................. 6-16 Overview ......................................................................................... 6-16 General Policies .............................................................................. 6-16 Types of Assets ............................................................................... 6-20 6-I.H. Periodic Payments ................................................................................ 6-24 Periodic Payments Included in Annual Income .............................. 6-24 Lump-Sum Payments for the Delayed Start of a
Periodic Payment ............................................................................ 6-24 Treatment of Overpayment Deductions from
Social Security Benefits .................................................................. 6-24 Periodic Payments Excluded from Annual Income ........................ 6-25 6-I.I. Payments In Lieu of Earnings............................................................... 6-25 6-I.J. Welfare Assistance ............................................................................... 6-26 Overview ......................................................................................... 6-26 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-26 Administrative Plan -Table of Contents
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6-I.K. Periodic and Determinable Allowances ............................................... 6-27 Alimony and Child Support ............................................................ 6-27 Regular Contributions or Gifts ....................................................... 6-27 6-I.L. Student Financial Assistance [24 CFR 5.609(b)(9)] ............................. 6-28 Student Financial Assistance Included in Annual Income
[24 CFR 5.609(b)(9) and FR 4/10/06] ............................................ 6-28 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] ...................................................................... 6-28 6-I.M. Additional Exclusions From Annual Income…………………………6-29 PART II: ADJUSTED INCOME.......................................................................................... 6-31 6-II.A. Introduction ........................................................................................... 6-31 Overview ......................................................................................... 6-31 Anticipating Expenses .................................................................... 6-31 6-II.B. Dependent Deduction ........................................................................... 6-32 6-II.C. Elderly or Disabled Family Deduction ................................................. 6-32 6-II.D. Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)] ........................ 6-33 Definition of Medical Expenses...................................................... 6-33 Summary of Allowable Medical Expenses from IRS
Publication 502 ............................................................................... 6-33 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-34 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-34 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-34 Eligible Disability Expenses ........................................................... 6-34 Necessary and Reasonable Expenses .............................................. 6-35 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-25 6-II.F. Child Care Expense Deduction ............................................................. 6-36 Clarifying the Meaning of Child for This Deduction ..................... 6-36 Qualifying for the Deduction .......................................................... 6-36 Earned Income Limit on Child Care Expense Deduction .............. 6-37 Eligible Child Care Expenses ......................................................... 6-38 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6-39 6-III.A. Overview of Rent and Subsidy Calculations ...................................... 6-39 TTP Formula [24 CFR 5.628] ........................................................ 6-39 Family Share [24 CFR 982.305(a)(5)] ............................................ 6-39 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-40 Utility Reimbursement [24 CFR 982.514(b)] ................................. 6-40 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-41 Overview ......................................................................................... 6-41 HUD-Defined Financial Hardship .................................................. 6-41 Implementation of Hardship Exemption ........................................ 6-42
Administrative Plan -Table of Contents
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6-III.C. Applying Payment Standards [24 CFR 982.505] ................................. 6-44 Overview ......................................................................................... 6-44 Changes in Payment Standards ....................................................... 6-44 Reasonable Accommodation .......................................................... 6-45 6-III.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6-46 Overview ......................................................................................... 6-46 Reasonable Accommodation .......................................................... 6-46 Utility Allowance Revisions ........................................................... 6-46 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6-46 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6-47 HHS Definition of "Assistance" ........................................................................... 6-48 Exhibit 6-2: Annual Income Exclusions ................................................................................... 6-50 Exhibit 6-3: Treatment of Family Assets .................................................................................. 6-53 Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities ................................. 6-54 Exhibit 6-5: The Effect of Welfare Benefit Reduction ............................................................. 6-56 Administrative Plan -Table of Contents
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Chapter 7
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-19] INTRODUCTION………………………………………………………………………………7-1
PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-2 7-I.A. Family Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230] ................................................................... 7-2 Consent Forms .................................................................................. 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-2 7-I.B. Overview of Verification Requirements ................................................. 7-3 HUD’s Verification Hierarchy [Notice PIH 2010-19] ..................... 7-3 Requirements for Acceptable Documents ........................................ 7-3 File Documentation .......................................................................... 7-4 7-I.C. Up-Front Income Verification (UIV) ..................................................... 7-5 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) ........................................... 7-5 Upfront Income Verification Using Non-HUD
Systems (Optional) ........................................................................... 7-7 7-I.D. Third-Party Written and Oral Verification ............................................. 7-8 Written Third-Party Verification [Notice PIH 2010-19] .................. 7-8 Written Third-Party Verification Form ............................................ 7-9 Oral Third-Party Verification [Notice PIH 2010-19] ....................... 7-9 When Third-Party Verification is Not Required
[Notice PIH 2010-19] ..................................................................... 7-10 7-I.E. Self-Certification .................................................................................. 7-11 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-12 7-II.A. Verification of Legal Identity ............................................................... 7-12 7-II.B. Social Security Numbers [24 CFR 5.216 and Notice PIH 2010-19] .... 7-13 7-II.C. Documentation of Age .......................................................................... 7-14 7-II.D. Family Relationships ............................................................................ 7-15 Marriage .......................................................................................... 7-15 Separation or Divorce ..................................................................... 7-15 Absence of Adult Member.............................................................. 7-16 Foster Children and Foster Adults .................................................. 7-16 7-II.E. Verification of Student Status ............................................................... 7-17 General Requirements .................................................................... 7-17 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ..................................................... 7-17 7-II.F. Documentation of Disability ................................................................. 7-19 Family Members Receiving SSA Disability Benefits .................... 7-19 Family Members Not Receiving SSA Disability Benefits ............. 7-20 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-21 Overview ......................................................................................... 7-21 U.S. Citizens and Nationals ............................................................ 7-21 Eligible Immigrants ........................................................................ 7-21 Administrative Plan -Table of Contents
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7-II.H. Verification of Preference Status .......................................................... 7-22 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-23 7-III.A. Earned Income ...................................................................................... 7-23 Tips ................................................................................................. 7-23 7-III.B. Business and Self Employment Income ............................................... 7-23 7-III.C. Periodic Payments and Payments In Lieu of Earnings ......................... 7-24 Social Security/SSI Benefits ........................................................... 7-24 7-III.D. Alimony or Child Support .................................................................... 7-25 7-III.E. Assets and Income From Assets ........................................................... 7-26 Assets Disposed of for Less than Fair Market Value ..................... 7-26 7-III.F. Net Income From Rental Property ........................................................ 7-26 7-III.G. Retirement Accounts ............................................................................ 7-27 7-III.H. Income From Excluded Sources ........................................................... 7-27 7-III.I. Zero Annual Income Status .................................................................. 7-27 7-III.J. Student Financial Assistance ................................................................ 7-28 7-III.K. Parental Income of Students Subject to Eligibility Restrictions ........... 7-29 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-30 7-IV.A. Dependent and Elderly/Disabled Household Deductions ..................... 7-30 Dependent Deduction ..................................................................... 7-30 Elderly/Disabled Family Deduction ............................................... 7-30 7-IV.B. Medical Expense Deduction ................................................................. 7-31 Amount of Expense ........................................................................ 7-31 Eligible Household ......................................................................... 7-31 Qualified Expenses ......................................................................... 7-31 Unreimbursed Expenses ................................................................. 7-32 Expenses Incurred in Past Years ..................................................... 7-32 7-IV.C. Disability Assistance Expenses ............................................................ 7-33 Amount of Expense ........................................................................ 7-33 Family Member is a Person with Disabilities ................................. 7-34 Family Member(s) Permitted to Work ........................................... 7-34 Unreimbursed Expenses ................................................................. 7-34 7-IV.D. Child Care Expenses ............................................................................. 7-35 Eligible Child .................................................................................. 7-35 Unreimbursed Expense ................................................................... 7-35 Pursuing an Eligible Activity ......................................................... 7-36 Allowable Type of Child Care ........................................................ 7-37 Reasonableness of Expenses ........................................................... 7-37 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ................................................................................ 7-38 Administrative Plan -Table of Contents
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Chapter 8
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS
DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
INTRODUCTION………………………………………………………………………………8-1
PART I: PHYSICAL STANDARDS .................................................................................... 8-2 8-I.A. General HUD Requirements ................................................................... 8-2 HUD Performance and Acceptability Standards .............................. 8-2 Tenant Preference Items ................................................................... 8-2 Modifications to Provide Accessibility ............................................ 8-3 8-I.B. Additional Local Requirements .............................................................. 8-4 Thermal Environment [HCV GB p.10-7] ......................................... 8-4 Clarifications of HUD Requirements ............................................... 8-5 8-I.C. Life Threatening Conditions [24 CFR 982.404(a)] ................................ 8-7 8-I.D. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8-7 Family Responsibilities .................................................................... 8-7 Owner Responsibilities ..................................................................... 8-7 8-I-E. Special Requirements for Children with Environmental Intervention Blood Lead Level [24 CFR 35.1225] ................................. 8-8 8-I-F. Violation of HQS Space Standards [24 CFR 982.403] .......................... 8-8 PART II: THE INSPECTION PROCESS .............................................................................. 8-9 8-II.A. Overview [24 CFR 982.405] .................................................................. 8-9 Types of Inspections ......................................................................... 8-9 Inspection of PHA-owned Units [24 CFR 982.352(b)] .................... 8-9 Inspection Costs ................................................................................ 8-9 Notice and Scheduling .................................................................... 8-10 Owner and Family Inspection Attendance ..................................... 8-10 8-II.B. Initial HQS Inspection [24 CFR 982.401(a)] ....................................... 8-11 Timing of Initial Inspections .......................................................... 8-11 Inspection Results and Reinspections ............................................. 8-11 Utilities ........................................................................................... 8-12 Appliances ...................................................................................... 8-12 8-II.C. Annual HQS Inspections [24 CFR 982.405(a)] .................................... 8-13 Scheduling the Inspection ............................................................... 8-13 8-II.D. Special Inspections [HCV GB p. 10-30] .............................................. 8-13 8-II.E. Quality Control Inspections [24 CFR 982.405(b), HCV GB p. 10-32] ................................................................................ 8-13 8-II.F. Inspection Results and Reinspections for Units Under HAP Contract ........................................................................................ 8-14 Notification of Corrective Actions ................................................. 8-14 Extensions ....................................................................................... 8-14 Reinspections .................................................................................. 8-15 8-II.G. Enforcing Owner Compliance .............................................................. 8-16 HAP Abatement .............................................................................. 8-16 HAP Contract Termination ............................................................. 8-16 Administrative Plan -Table of Contents
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8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)] .......... 8-17 PART III: RENT REASONABLENESS [24 CFR 982.507] ................................................. 8-18 8-III.A. Overview ............................................................................................... 8-18 PHA-owned Units [24 CFR 982.352(b)] ........................................ 8-18 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-19 Owner-initiated Rent Determinations ............................................. 8-19 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-19 8-III.C. How Comparability Is Established ....................................................... 8-20 Factors to Consider ......................................................................... 8-20 Units that Must Not be Used as Comparables ................................ 8-20 Rents Charged for Other Units on the Premises ............................. 8-20 8-III.D. PHA Rent Reasonableness Methodology ............................................. 8-21 How Market Data is Collected ....................................................... 8-21 How Rents are Determined ............................................................. 8-21 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8-22 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ..................... 8-25 Administrative Plan -Table of Contents
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Chapter 9
GENERAL LEASING POLICIES
INTRODUCTION………………………………………………………………………………9-1
9-I.A. Tenant Screening .................................................................................... 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517] .............................. 9-3 9-I.C. Owner Participation ................................................................................ 9-4 9-I.D. Eligible Units .......................................................................................... 9-5 Ineligible Units [24 CFR 982.352(a)] ............................................... 9-5 PHA-Owned Units [24 CFR 982.352(b)] ......................................... 9-5 Special Housing Types [24 CFR 982 Subpart M] ............................ 9-5 Duplicative Assistance [24 CFR 982.352(c)] ................................... 9-6 Housing Quality Standards (HQS) [24 CFR 982.305 and
24 CFR 982.401] .............................................................................. 9-6 Unit Size ........................................................................................... 9-6 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507] ........ 9-7 Rent Burden [24 CFR 982.508] ........................................................ 9-7 9-I.E. Lease and Tenancy Addendum ............................................................... 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308] ................. 9-8 Lease Information [24 CFR 982.308(d)] .......................................... 9-8 Term of Assisted Tenancy ................................................................ 9-9 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9-9 Separate Non-Lease Agreements between Owner and Tenant ......... 9-9 PHA Review of Lease .................................................................... 9-10 9-I.F. Tenancy Approval [24 CFR 982.305] .................................................. 9-14 9-I.G. HAP Contract Execution [24 CFR 982.305] ........................................ 9-12 9-I.H. Changes in Lease or Rent [24 CFR 982.308] ....................................... 9-13 Administrative Plan -Table of Contents
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Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
INTRODUCTION……………………………………………………………………..………10-1
PART I: MOVING WITH CONTINUED ASSISTANCE ................................................. 10-2 10-I.A. Allowable Moves .................................................................................. 10-2 10-I.B. Restrictions On Moves ......................................................................... 10-3 Denial of Moves ............................................................................. 10-3 Restrictions on Elective Moves [24 CFR 982.314(c)] .................... 10-4 10-I.C. Moving Process .................................................................................... 10-5 Notification ..................................................................................... 10-5 Approval ......................................................................................... 10-5 Reexamination of Family Income and Composition ...................... 10-5 Voucher Issuance and Briefing ....................................................... 10-5 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10-6 PART II: PORTABILITY .................................................................................................... 10-7 10-II.A. Overview ............................................................................................... 10-7 10-II.B. Initial PHA Role ................................................................................... 10-8 Allowable Moves under Portability ................................................ 10-8 Determining Income Eligibility ...................................................... 10-9 Reexamination of Family Income and Composition ...................... 10-9 Briefing ......................................................................................... 10-10 Voucher Issuance and Term ......................................................... 10-10 Voucher Extensions and Expiration ............................................. 10-10 Initial Contact with the Receiving PHA ....................................... 10-11 Sending Documentation to the Receiving PHA ........................... 10-11 Initial Billing Deadline [Notice PIH 2008-43] ............................. 10-12 Monthly Billing Payments [24 CFR 982.355(e), Notice
PIH 2008-43] ................................................................................ 10-12 Annual Updates of Form HUD-50058 ......................................... 10-13 Denial or Termination of Assistance [24 CFR 982.355(c)(9)] ..... 10-13 10-II.C. Receiving PHA Role ........................................................................... 10-14 Initial Contact with Family ........................................................... 10-14 Briefing ......................................................................................... 10-15 Income Eligibility and Reexamination ......................................... 10-15 Voucher Issuance .......................................................................... 10-16 Notifying the Initial PHA ............................................................. 10-17 Administering a Portable Family’s Voucher ................................ 10-17 Absorbing a Portable Family ........................................................ 10-20 Administrative Plan -Table of Contents
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Chapter 11
REEXAMINATIONS
INTRODUCTION………………………………………………………………………..……11-1
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11-2 11-I.A. Overview ............................................................................................... 11-2 11-I.B. Scheduling Regular Reexaminations .................................................... 11-2 Notification of and Participation in the Regular
Reexamination Process ................................................................... 11-3 11-I.C. Conducting Regular Reexaminations ................................................... 11-4 11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11-5 11-I.E. Effective Dates ...................................................................................... 11-6 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] ........................................... 11-7 11-II.A. Overview ............................................................................................... 11-7 11-II.B. Changes In Family and Household Composition ................................. 11-8 New Family Members Not Requiring Approval ............................ 11-8 New Family and Household Members Requiring Approval .......... 11-8 Departure of a Family or Household Member .............................. 11-10 Requests to Transfer Assistance – Residual Rights……………..11-10 11-II.C. Changes Affecting Income or Expenses ............................................. 11-11 PHA-Initiated Interim Reexaminations ........................................ 11-11 Family-Initiated Interim Reexaminations ..................................... 11-11 11-II.D. Processing the Interim Reexamination ............................................... 11-13 Method of Reporting ..................................................................... 11-13 Effective Dates .............................................................................. 11-13 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-15 11-III.A. Overview ............................................................................................. 11-15 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-15 Payment Standards [24 CFR 982.505] ......................................... 11-15 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-16 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-16 11-III.C. Notification of New Family Share and HAP Amount ........................ 11-17 11-III.D. Discrepancies ...................................................................................... 11-17 Administrative Plan -Table of Contents
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Chapter 12
TERMINATION OF ASSISTANCE AND TENANCY
INTRODUCTION……………………………………………………………………..………12-1
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12-2 12-I.A. Overview ............................................................................................... 12-2 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455] ................. 12-2 12-I.C. Family Chooses to Terminate Assistance ............................................. 12-2 12-I.D. Mandatory Termination of Assistance .................................................. 12-3 Eviction [24 CFR 982.552(b)(2), Pub.L. 109-162] ........................ 12-3 Failure to Provide Consent [24 CFR 982.552(b)(3)] ...................... 12-3 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] ..................................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2010-3] .......................................... 12-4 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)] ............................................................. 12-4 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] ................. 12-4 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-3] ......................................................................... 12-5 12-I.E. Mandatory Policies and Other Authorized Terminations ..................... 12-5 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] .............. 12-5 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), Pub.L. 109-162] ............................................ 12-7 PART II: APPROACH TO TERMINATION OF ASSISTANCE ..................................... 12-10 12-II.A. Overview ............................................................................................. 12-10 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ............................... 12-10 12-II.C. Alternatives to Termination of Assistance ......................................... 12-10 Change in Household Composition .............................................. 12-10 Repayment of Family Debts ......................................................... 12-10 12-II.D. Criteria for Deciding to Terminate Assistance ................................... 12-11 Evidence ....................................................................................... 12-11 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] ........ 12-11 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ........... 12-12 12-II.E. Terminating the Assistance of Domestic Violence, Dating Violence, or Stalking Victims and Perpetrators [24 CFR 5.2005] ..... 12-13 Victim Documentation .................................................................. 12-14 Terminating the Assistance of a Domestic
Violence Perpetrator [24 CFR 5.2005(c)] .................................... 12-15 PHA Confidentiality Requirements
[24 CFR 5.2007(a)(1)(v)] ............................................................. 12-15 12-II.F. Termination Notice [HCV GB, p. 15-7] ............................................. 12-16 Notice of Termination Based on Citizenship Status
[24 CFR 5.514 (c) and (d)] ........................................................... 12-16 Administrative Plan -Table of Contents
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12-II.G. How Termination of Assistance Affects the HAP Contract and Lease ............................................................................................ 12-17 PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12-18 12-III.A. Overview ............................................................................................. 12-18 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310 and Form HUD-52641-A,
Tenancy Addendum, Pub.L. 109-162] ............................................... 12-18 Serious or Repeated Lease Violations .......................................... 12-18 Violation of Federal, State, or Local Law .................................... 12-18 Criminal Activity or Alcohol Abuse ............................................. 12-18 Other Good Cause ......................................................................... 12-19 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] .......................................................................... 12-20 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12-21 12-III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12-21 Exhibit 12-1: Statement of Family Obligations ........................................................................ 12-22 Administrative Plan -Table of Contents
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Chapter 13
OWNERS
INTRODUCTION……………………………………………………………………………..13-1
PART I: OWNERS IN THE HCV PROGRAM ................................................................. 13-2 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6] ............. 13-2 Recruitment ..................................................................................... 13-2 Retention ......................................................................................... 13-3 13-I.B. Basic HCV Program Requirements ...................................................... 13-4 13-I.C. Owner Responsibilities [24 CFR 982.452] ........................................... 13-5 13-I.D. Owner Qualifications ............................................................................ 13-6 Owners Barred from Participation [24 CFR 982.306(a) and (b)] ... 13-6 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ....... 13-6 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] .............. 13-6 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)] .......................................... 13-8 Legal Ownership of Unit ................................................................ 13-9 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641] ................ 13-19 PART II: HAP CONTRACTS ............................................................................................ 13-10 13-II.A. Overview ............................................................................................. 13-10 13-II.B. HAP Contract Contents ...................................................................... 13-10 13-II.C. HAP Contract Payments ..................................................................... 13-12 General .......................................................................................... 13-12 Owner Certification of Compliance.............................................. 13-12 Late HAP Payments [24 CFR 982.451(a)(5)] .............................. 13-13 Termination of HAP Payments [24 CFR 982.311(b)] .................. 13-13 13-II.D. Breach of HAP Contract [24 CFR 982.453] ....................................... 13-14 13-II.E. HAP Contract Term and Terminations ............................................... 13-15 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641] ...................................................................................... 13-17 Administrative Plan -Table of Contents
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Chapter 14
PROGRAM INTEGRITY
INTRODUCTION……………………………………………………………………………..14-1
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ............................................................................................ 14-2 14-I.A. Preventing Errors and Program Abuse ................................................. 14-2 14-I.B. Detecting Errors and Program Abuse ................................................... 14-3 Quality Control and Analysis of Data ............................................ 14-3 Independent Audits and HUD Monitoring ..................................... 14-3 Individual Reporting of Possible Errors and Program Abuse ........ 14-3 14-I.C. Investigating Errors and Program Abuse .............................................. 14-4 When the PHA Will Investigate ..................................................... 14-4 Consent to Release of Information [24 CFR 982.516] ................... 14-4 Analysis and Findings..................................................................... 14-4 Consideration of Remedies ............................................................. 14-5 Notice and Appeals ......................................................................... 14-5 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 14-6 14-II.A. Subsidy Under- or Overpayments ........................................................ 14-6 Corrections ...................................................................................... 14-6 Reimbursement ............................................................................... 14-6 14-II.B. Family-Caused Errors and Program Abuse .......................................... 14-6 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] .... 14-6 PHA Reimbursement to Family [HCV GB p. 22-12] ..................... 14-6 Prohibited Actions .......................................................................... 14-6 Penalties for Program Abuse .......................................................... 14-7 14-II.C. Owner-Caused Error or Program Abuse ............................................... 14-7 Owner Reimbursement to the PHA ................................................ 14-8 Prohibited Owner Actions .............................................................. 14-8 Remedies and Penalties .................................................................. 14-9 14-II.D. PHA-Caused Errors or Program Abuse .............................................. 14-10 Repayment to the PHA ................................................................. 14-10 PHA Reimbursement to Family or Owner ................................... 14-10 Prohibited Activities ..................................................................... 14-10 14-II.E. Criminal Prosecution .......................................................................... 14-11 14-II.F. Fraud and Program Abuse Recoveries ............................................... 14-11 Administrative Plan -Table of Contents
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Chapter 15
SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M]
INTRODUCTION……………………………………………………………………………..15-1
PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] ................ 15-2 15-I.A. Overview ............................................................................................... 15-2 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-2 15-I.C. Housing Quality Standards (HQS) ....................................................... 15-2 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609] ....................... 15-4 15-II.A. Overview ............................................................................................... 15-4 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-4 15-II.C. Housing Quality Standards ................................................................... 15-4 PART III: GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] ......... 15-5 15-III.A. Overview ............................................................................................... 15-5 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-5 15-III.C. Housing Quality Standards ................................................................... 15-6 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618] .................................. 15-8 15-IV.I. Overview ............................................................................................... 15-8 15-IV.B. Occupancy ............................................................................................ 15-8 15-IV.C. Payment Standard, Utility Allowance and HAP Calculation ............... 15-8 15-IV.D. Housing Quality Standards ................................................................... 15-9 PART V: COOPERATIVE HOUSING [24 CFR 982.619]................................................ 15-10 15-V.A. Overview ............................................................................................. 15-10 15-V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-10 15-V.C. Lease ................................................................................................... 15-10 15-V.D. Housing Quality Standards ................................................................. 15-11 PART VI: ASSISTED LIVING FACILITIES [PIH Notice 2012-40] ................................. 15-12 15-VI.A. Overview ............................................................................................. 15-12 15-VI.B. HAP Calculation ................................................................................. 15-12 PART VII: MANUFACTURED HOMES [24 CFR 982.620 through 982.624] .................. 15-13 15-VI.A. Overview ............................................................................................. 15-13 15-VI.B. Special Policies for Manufactured Home Owners
Who Lease A Space ............................................................................ 15-13 Family Income .............................................................................. 15-13 Lease and HAP Contract .............................................................. 15-13 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15-13 Payment Standards ........................................................................ 15-13 Utility Allowance .......................................................................... 15-14 Space Rent .................................................................................... 15-14 Housing Assistance Payment .................................................... 15-1215 Rent Reasonableness .................................................................... 15-15 15-VI.D. Housing Quality Standards ................................................................. 15-15 Administrative Plan -Table of Contents
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PART VIII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ................................ 15-16 15-VII.A. Overview [24 CFR 982.625] .............................................................. 15-16 15-VII.B. Family Eligibility [24 CFR 982.627].................................................. 15-13 15-VII.C. Selection of Families [24 CFR 982.626] ............................................ 15-17 15-VII.D. Eligible Units [24 CFR 982.628] ........................................................ 15-17 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ............................................................................... 15-18 15-VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15-19 15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631] ..................................................................... 15-20 Home Inspections ......................................................................... 15-20 Contract of Sale ............................................................................ 15-20 Disapproval of a Seller ................................................................. 15-20 15-VII.H. Financing [24 CFR 982.632] .............................................................. 15-21 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ............................................................................... 15-21 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]......... 15-22 15-VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635] ............................................................... 15-22 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................................................................... 15-24 15-VII.M. Moving with Continued Assistance [24 CFR 982.637] .................... 15-24 15-VII.N. Denial or Termination of Assistance [24 CFR 982.638] .................... 15-24 Administrative Plan -Table of Contents
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Chapter 16
PROGRAM ADMINISTRATION
INTRODUCTION…………………………………………………………………………..…16-1
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................... 16-2 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................. 16-3 16-II.A. Overview ............................................................................................... 16-3 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7] ............... 16-3 Updating Payment Standards .......................................................... 16-4 Exception Payment Standards [982.503(c)] ................................... 16-4 Unit-by-Unit Exceptions [24 CFR 982.503(c)(2)(ii)] .................... 16-5 "Success Rate" Payment Standard Amounts
[24 CFR 982.503(e)] ....................................................................... 16-6 Decreases in the Payment Standard Below the Basic Range [24 CFR 982.503(d)] ...................................................................... 16-6 16-II.C. Utility Allowances [24 CFR 982.517] .................................................. 16-7 Air Conditioning ............................................................................. 16-7 Reasonable Accommodation .......................................................... 16-7 Utility Allowance Revisions ........................................................... 16-8 PART III: INFORMAL REVIEWS AND HEARINGS ........................................................ 16-9 16-III.A. Overview ............................................................................................... 16-9 16-III.B. Informal Reviews .................................................................................. 16-9 Decisions Subject to Informal Review .......................................... 16-9 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16-10 Scheduling an Informal Review ................................................... 16-10 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16-10 Informal Review Decision [24 CFR 982.554(b)] ......................... 16-11 16-III.C. Informal Hearings for Participants
[24 CFR 982.555, Pub.L. 109-162] .................................................... 16-12 Decisions Subject to Informal Hearing ......................................... 16-12 Informal Hearing Procedures ........................................................ 16-13 16-III.D. Hearing and Appeal Provisions for Non-Citizens [24 CFR 5.514] ................................................................................... 16-21 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] ........................................................................ 16-21 USCIS Appeal Process [24 CFR 5.514(e)] ................................... 16-22 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)] ......................................................................... 16-22 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)] ......................................................................... 16-24 Retention of Documents [24 CFR 5.514(h)] ................................ 16-24 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16-25 16-IV.A. Overview ............................................................................................. 16-25 16-IV.B. Repayment Policy ............................................................................... 16-26 Owner Debts to the PHA .............................................................. 16-26 Administrative Plan -Table of Contents
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Family Debts to the PHA .............................................................. 16-26 Repayment Agreement [24 CFR 792.103] ................................... 16-26 General Repayment Agreement Guidelines for Families ............. 16-26 Repayment Agreements Involving Improper Payments ............... 16-28 PART V: MANAGEMENT ASSESSMENT (SEMAP) .................................................... 16-29 16-V.A. Overview ............................................................................................. 16-29 16-V.B. SEMAP Certification [24 CFR 985.101] ............................................ 16-30 HUD Verification Method ............................................................ 16-30 16-V.C. SEMAP Indicators [24 CFR 985.3 and form HUD-52648] ............... 16-31 SEMAP Indicators Chart .............................................................. 16-31 PART VI: RECORD KEEPING ......................................................................................... 16-35 16-VI.A. Overview ............................................................................................. 16-35 16-VI.B. Record Retention [24 CFR 982.158] .................................................. 16-35 16-VI.C. Records Management ......................................................................... 16-36 Privacy Act Requirements [24 CFR 5.212 and Form-9886] ........ 16-36 Upfront Income Verification (UIV) Records ............................... 16-36 Criminal Records .......................................................................... 16-37 Medical/Disability Records .......................................................... 16-37 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL ................... 16-38 16-VII.A. Overview ............................................................................................. 16-38 16-VII.B. Reporting Requirement [24 CFR 35.1225(e)] .................................... 16-38 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)] ............... 16-38 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16-39 16-VIII.A. Overview ........................................................................................... 16-39 16-VIII.B. Methodology ..................................................................................... 16-39 PART IX: VIOLENCE AGAINST WOMEN’S ACT (VAWA) ......................................... 16-40 16-IX.A. Notification to Participants [24 CFR 5.2007(3)(i)] ............................. 16-41 16-IX.B. Notification to Applicants ................................................................... 16-41 16-IX.C. Notification to Owners and Managers [24 CFR 5.2007(3)(ii)] ........... 16-42 PART X: COVID-19 RELATED WAIVERS ...................................................................... 16-43 PART XI: EMERGENCY HOUSING VOUCHERS………………………………………..…… 16-53 PART XII: HUD-VETERANS AFFAIRS SUPPORTIVE HOUSING (HUD-VASH) VOUCHERS ...................................................................................................... 16-55 16-XI.A. Overview ............................................................................................. 16-55 16-XI.B. HUD-VASH Special Rules [FR Notice 9/27/21 ................................ 16-55 Exhibit 16-1: Sample Notice to Applicants and Tenants Regarding the Violence Against Women Act (VAWA) ...................................................................................................... 16-61 Exhibit 16-2: Sample Notice to Housing Choice Voucher Owners and Managers Regarding the Violence Against Women Act (VAWA) .................................... 16-67 Administrative Plan -Table of Contents
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Chapter 17
PROJECT-BASED VOUCHERS
INTRODUCTION………………………………………………………………..……………17-1
PART I: GENERAL REQUIREMENTS ............................................................................ 17-2 17-I.A. Overview [24 CFR 983.5] .................................................................... 17-2 17-I.B. Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2] ..................................................................................... 17-2 17-I.C. Relocation Requirements [24 CFR 983.7]............................................ 17-3 17-I.D. Equal Opportunity Requirements [24 CFR 983.8] ............................... 17-4 PART II: PBV OWNER PROPOSALS ............................................................................... 17-4 17-II.A. Overview ............................................................................................... 17-4 17-II.B. Owner Proposal Selection Procedures [24 CFR 983.51] ...................... 17-4 Solicitation and Selection of PBV Proposals
[24 CFR 983.51(b) and (c)] ............................................................ 17-5 PHA-owned Units [24 CFR 983.51(e) and 983.59] ....................... 17-7 PHA Notice of Owner Selection [24 CFR 983.51(d)] .................... 17-8 17-II.C. Housing Type [24 CFR 983.52] ........................................................... 17-8 17-II.D. Prohibition of Assistance for Certain Units .......................................... 17-9 Ineligible Housing Types [24 CFR 983.53] ................................... 17-9 Subsidized Housing [24 CFR 983.54] ............................................ 17-9 17-II.E. Subsidy Layering Requirements
[24 CFR 983.55, FR Notice 11/24/08, and FR Notice 7/9/10] ........... 17-10 17-II.F. Cap On Number of PBV Units in Each Project ................................. 17-11 Caps on Assistance per Project
[24 CFR 983.56(a) , FR Notice 11/24/08] .................................... 17-11 Exceptions to Caps on Assistance per Project
[24 CFR 983.56(b) , FR Notice 11/24/08] .................................... 17-11 Promoting Partially-Assisted Projects
[24 CFR 983.56(c)] ....................................................................... 17-12 17-II.G. Site Selection Standards .................................................................... 17-13 Compliance with PBV Goals, Civil Rights Requirements,
and HQS Site Standards [24 CFR 983.57(b)] ............................... 17-13 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] ...................................................... 17-14 New Construction Site and Neighborhood Standards
[24 CFR 983.57(e)] ....................................................................... 17-14 17-II.H. Environmental Review [24 CFR 983.58] ........................................... 17-15 PART III: DWELLING UNITS ........................................................................................... 17-16 17-III.A. Overview ............................................................................................. 17-16 17-III.B. Housing Quality Standards [24 CFR 983.101] ................................... 17-16 Lead-based Paint [24 CFR 983.101(c)] ........................................ 17-16 17-III.C. Housing Accessibility for Persons with Disabilities .......................... 17-16 17-III.D. Inspecting Units .................................................................................. 17-17 Pre-selection Inspection [24 CFR 983.103(a)] ............................. 17-17 Administrative Plan -Table of Contents
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Pre-HAP Contract Inspections [24 CFR 983.103(b)] ................... 17-17 Turnover Inspections [24 CFR 983.103(c)] .................................. 17-17 Annual Inspections [24 CFR 983.103(d)] .................................... 17-17 Other Inspections [24 CFR 983.103(e)] ....................................... 17-17 Inspecting PHA-owned Units [24 CFR 983.103(f)] ..................... 17-17 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................... 17-18 17-IV.A. Overview [24 CFR 983.151] .............................................................. 17-18 17-IV.B. Agreement to Enter into HAP Contract .............................................. 17-18 Content of the Agreement [24 CFR 983.152(c)] .......................... 17-18 Execution of the Agreement
[24 CFR 983.153, FR Notice 11/24/08] ....................................... 17-19 17-IV.C. Conduct of Development Work .......................................................... 17-19 Labor Standards [24 CFR 983.154(b)] ......................................... 17-19 Equal Opportunity [24 CFR 983.154(c)] ...................................... 17-19 Owner Disclosure [24 CFR 983.154(d) and (e)] .......................... 17-19 17-IV.D. Completion of Housing....................................................................... 17-20 Evidence of Completion [24 CFR 983.155(b)] ............................ 17-20 PHA Acceptance of Completed Units [24 CFR 983.156] ............ 17-20 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................ 17-21 17-V.A. Overview ............................................................................................. 17-21 17-V.B. HAP Contract Requirements .............................................................. 17-21 Contract Information [24 CFR 983.203, FR Notice 11/24/08] .... 17-21 Execution of the HAP Contract [24 CFR 983.204] ...................... 17-22 Term of HAP Contract [FR Notice 11/24/08] .............................. 17-22 Remedies for HQS Violations [24 CFR 983.207(b)] ................... 17-23 17-V.C. Amendments to the HAP Contract ..................................................... 17-24 Substitution of Contract Units [24 CFR 983.206(a)].................... 17-24 Addition of Contract Units [24 CFR 983.206(b)] ........................ 17-24 17-V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.206(c) and 983.302(e)] ................................................. 17-24 17-V.E. Owner Responsibilities Under the HAP [24 CFR 983.209] ............... 17-25 17-V.F. Additional HAP Requirements ........................................................... 17-26 Housing Quality and Design Requirements
[24 CFR 983.101(e) and 983.207(a)] ........................................... 17-26 Vacancy Payments [24 CFR 983.352(b)] ..................................... 17-26 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS ...................................... 17-27 17-VI.A. Overview ............................................................................................. 17-27 17-VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............ 17-27 In-Place Families [24 CFR 983.251(b)] ....................................... 17-27 17-VI.C. Organization of the Waiting List
[24 CFR 983.251(c)] ........................................................................... 17-28 17-VI.D. Selection From the Waiting List
[24 CFR 983.251(c)] ........................................................................... 17-28 Income Targeting [24 CFR 983.251(c)(6)] .................................. 17-28 Units with Accessibility Features [24 CFR 983.251(c)(7)] .......... 17-28 Administrative Plan -Table of Contents
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Preferences [24 CFR 983.251(d), FR Notice 11/24/08] ............... 17-29 17-VI.E. Offer of PBV Assistance .................................................................... 17-30 Refusal of Offer [24 CFR 983.251(e)(3)] ..................................... 17-30 Disapproval by Landlord [24 CFR 983.251(e)(2)] ....................... 17-30 Acceptance of Offer [24 CFR 983.252] ....................................... 17-30 17-VI.F. Owner Selection of Tenants ............................................................... 17-31 Leasing [24 CFR 983.253(a)] ....................................................... 17-31 Filling Vacancies [24 CFR 983.254(a)] ........................................ 17-31 Reduction in HAP Contract Units Due to Vacancies
[24 CFR 983.254(b)] .................................................................... 17-31 17-VI.G. Tenant Screening [24 CFR 983.255] .................................................. 17-32 PHA Responsibility ...................................................................... 17-32 Owner Responsibility ................................................................... 17-32 PART VII: OCCUPANCY .................................................................................................... 17-33 17-VII.A. Overview ............................................................................................. 17-33 17-VII.B. Lease [24 CFR 983.256] ..................................................................... 17-33 Form of Lease [24 CFR 983.256(b)] ............................................ 17-33 Lease Requirements [24 CFR 983.256(c)] ................................... 17-33 Tenancy Addendum [24 CFR 983.256(d)] ................................... 17-34 Initial Term and Lease Renewal [24 CFR 983.256(f)
and 983.257(b)] ............................................................................. 17-34 Changes in the Lease [24 CFR 983.256(e)] .................................. 17-34 Owner Termination of Tenancy [24 CFR 983.257] ..................... 17-35 Security Deposits [24 CFR 983.258] ............................................ 17-35 17-VII.C. Moves ................................................................................................. 17-36 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.259] ......................................................................... 17-36 Family Right to Move [24 CFR 983.260] .................................... 17-37 17-VII.D. Exceptions to the Occupancy Cap
[24 CFR 983.261, FR Notice 11/24/08] ............................................. 17-38
PART VIII: DETERMINING RENT TO OWNER ............................................................... 17-39 17-VIII.A. Overview ........................................................................................... 17-39 17-VIII.B. Rent Limits [24 CFR 983.301] ......................................................... 17-39 Certain Tax Credit Units
[24 CFR 983.301(c) , FR Notice 11/24/08] .................................. 17-39 Use of FMRs, Exception Payment Standards,
and Utility Allowances [24 CFR 983.301(f)] ............................... 17-40 Redetermination of Rent
[24 CFR 983.302, FR Notice 11/24/08] ....................................... 17-41 PHA-owned Units [24 CFR 983.301(g)] ...................................... 17-41 17-VIII.C. Reasonable Rent [24 CFR 983.303] ................................................. 17-42 When Rent Reasonable Determinations are Required .................. 17-42 How to Determine Reasonable Rent ............................................. 17-42 PHA-owned Units ......................................................................... 17-42 Owner Certification of Reasonable Rent ...................................... 17-42 Administrative Plan -Table of Contents
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17-VIII.D. Effect of Other Subsidy and Rent Control ........................................ 17-43 Other Subsidy [24 CFR 983.304] ................................................. 17-43 Rent Control [24 CFR 983.305] ................................................... 17-43 PART IX: PAYMENTS TO OWNER ................................................................................. 17-44 17-IX.A. Housing Assistance Payments [24 CFR 983.351] .............................. 17-44 17-IX.B. Vacancy Payments [24 CFR 983.352]................................................ 17-44 17-IX.C. Tenant Rent to Owner [24 CFR 983.353] .......................................... 17-46 Tenant and PHA Responsibilities ................................................. 17-46 Utility Reimbursements ................................................................ 17-46 17-IX.D. Other Fees and Charges [24 CFR 983.354] ........................................ 17-47 Meals and Supportive Services ..................................................... 17-47 Other Charges by Owner .............................................................. 17-47
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Intro-1
INTRODUCTION
HOTMA CHANGES IN THE ADMINISTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.
HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexaminations (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were originally effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104, except for specific provisions that have been included herein. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104 and no new date has been provided.
Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible. However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.
HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies.
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Intro-2
HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring the adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
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Intro-3
ABOUT THE ADMINISTRATIVE PLAN
REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for Public Housing Agency (PHA) policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by the U.S.
Department of Housing and Urban Development (HUD). State law also directs PHA policy.
State law must be followed where such law exists and does not conflict with federal regulations.
Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.
HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.
Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.
State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restrictive than federal law , but does not conflict with it, the PHA should follow the state law.
Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
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Intro-4
NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and habitable condition at certain times prescribed by the regulations. The current applicable inspection standard for the HCV and PBV programs is Housing Quality Standards (HQS). On May 11, 2023, HUD published a final rule implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new approach to defining and assessing housing quality across multiple HUD programs. 24 CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as they pertain specifically to the HCV and PBV programs. Collectively, this is known as “NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior to October 1, 2025, provided they do so in accordance with requirements in FR Notice 7/5/24.
However, even once the HQS inspection standard has sunset, the regulations at 24 CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the terms HQS and housing quality standards rather than NSPIRE. This is because, the definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA. As such, this administrative plan uses the term housing quality standards whenever applicable regulations use this term. Except in the chapter describing HQS, the acronym HQS is mostly not used in the administrative plan policy in order to avoid confusion between the umbrella term meaning housing standards and the specific inspection protocol. The administrative plan policy only uses the term NSPIRE when referring to specific NSPIRE standards.
HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. HUD published a final rule on February 14, 2023, revising regulations related to income and assets (Sections 102 and 104 of HOTMA). While the new income and asset regulations were effective January 1, 2024, PHAs were instructed to select a compliance date no later than January 1, 2025. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to select a compliance date because HOTMA compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA- compliant Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations under HOTMA rules without further information on when the new HOTMA-compliant Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
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Intro-5
HOTMA VOUCHER FINAL RULE CHANGES IN THE MODEL POLICY
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities. Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
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Intro-6
RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the administrative plan or that may be helpful to you.
HUD HCV Guidebook
In November 2019, HUD began issuing a new version of the HCV Guidebook chapter-by- chapter. Unlike the previous version of the HCV Guidebook in which chapters were numbered, the new version of the guidebook includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.
Therefore, where the HCV Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New HCV GB with a chapter title and page reference (example: New HCV GB, Payment Standards, p. 11).
On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portions of the guidebook, specifically the chapters on eligibility, denials, and annual reexaminations and interim reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the HCV Guidebook.
Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the administrative plan.
Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.
New HCV GB Housing Choice Voucher Program Guidebook (7420.10G), Various dates of release HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs
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Intro-7
Resources and Where to Find Them
The HUD website is https://www.hud.gov/
Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips Following is a list of resources helpful to the PHA or referenced in the a dministrative plan, and the online location of each.
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunity-through- modernization-act-of-2016-implementation-of-sections-102-103-and- 104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007 https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF VAWA Resources
https://www.hud.gov/vawa
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CHAPTER 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA receives its funding for the Housing Choice Voucher (HCV) program from the U.S.
Department of Housing and Urban Development (HUD). The PHA is not a federal department or agency. The PHA enters into an Annual Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations, and notices, and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation.
This chapter contains information about the PHA and its programs, with emphasis on the HCV program. It also contains information about the purpose, intent, and use of the plan and guide.
There are three parts to this chapter:
Part I: The PHA. This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent.
Part II: The HCV Program. This part contains information about the HCV program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.
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PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff.
1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA PLAN
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the Anaheim Housing Authority for the jurisdiction of City of Anaheim.
The officials of a PHA are known as commissioners or, collectively, as the board of commissioners. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff, and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency’s resources and assuring the agency’s continued viability.
Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners, and entered into the official records of the PHA.
The principal staff member of the PHA is the executive director (ED), hired and appointed by the board of commissioners. The executive director is directly responsible for carrying out the policies established by the board of commissioners and is delegated the responsibility for hiring, training, and supervising the PHA staff in order to manage the day-to-day operations of the PHA . The executive director is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the executive director’s duties include budgeting and financial planning for the agency.
1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions.
PHA Policy
The PHA’s mission is to provide safe, decent, and sanitary housing conditions for very low-income families and to manage resources efficiently. The PHA is to promote personal, economic and social upward mobility to provide families the opportunity to make the transition from subsidized to non-subsidized housing. © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
PHA Policy
The PHA’s administrative plan applies to the operation of the Housing Choice Voucher (HCV) program. In addition, the administrative plan addresses policies for the special housing types discussed in Chapter 15.
1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV program participants, owners, and to the community. The PHA’s standards include:
• Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, and sanitary housing – in compliance with program housing quality standards – for very low income families while ensuring that family rents are fair, reasonable, and affordable.
• Encourage self-sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational, and other human services needs.
• Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. • Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission.
• Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development.
The PHA will make every effort to keep program participants informed of HCV program rules and regulations and to advise participants of how the program rules affect them.
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PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program.
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance, and the development of affordable housing developments for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (“housing quality standards”) and was within certain HUD-established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family’s adjusted income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.
From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant-based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law.
© Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program.
The HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent.
The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the HCV program.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. • The Final Rule implementing broad changes to income and assets in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued Notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. HUD issued a revised version of the notice on February 2, 2024. • The Final Rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024. It codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes from the NSPIRE final rule.
© Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
1-II.B. HCV PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by the U.S. Department of Housing and Urban Development (HUD). The PHA is afforded choices in the operation of the program which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.
The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.
When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.
Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program.
1-II.C. THE HCV PARTNERSHIPS
To administer the HCV program, the PHA enters into a contractual relationship with HUD through a Consolidated Annual Contributions Contract (ACC). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.
For the HCV program to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program.
The chart on the following page illustrates key aspects of these relationships. © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
The HCV Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner /
Landlord
Family
(Program
Participant)
Voucher specifies
Family Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Lease specifies Tenant
and Landlord
Obligations
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
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What does HUD do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices, and other guidance to implement HCV housing program legislation passed by Congress;
• Allocate HCV program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying HCV program requirements;
• Monitor PHA compliance with HCV program requirements and PHA performance in program administration.
What does the PHA do?
The PHA administers the HCV program under contract with HUD and has the following major responsibilities:
• Establish local policies to administer the program;
• Review applications from interested applicants to determine whether they are eligible for the program;
• Maintain waiting list and select families for admission; • Issue vouchers to eligible families and provide information on how to lease a unit; • Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration;
• Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy;
• Make housing assistance payments to the owner in a timely manner; • Recertify families for continued eligibility under the program; • Ensure that owners and families comply with their contractual obligations; • Provide families and owners with prompt, professional service; • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the ACC, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state, and local laws. • Additional PHA responsibilities are listed throughout this administrative plan. © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
What does the Owner do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner.
- The owner may consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others – so long as they comply with applicable local, state, or federal laws pertaining to these tenant screening provisions
• Comply with the terms of the Housing Assistance Payments contract executed with the PHA; • Comply with all applicable fair housing laws and do not discriminate against anyone; • Maintain the housing unit in accordance with minimum quality standards developed by HUD in accordance with 24 CFR 5.703 (including any variations approved by HUD for the PHA) and make necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease;
• Additional owner responsibilities are listed in Chapters 8, 9, 13, 14, 16 and 17. © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
What does the Family do?
The family has the following responsibilities:
• Provide the PHA with complete and accurate information as determined by the PHA to be necessary for the administration of the program;
• Make their best and most timely efforts to locate qualified and suitable housing; • Attend all appointments scheduled by the PHA;
• Allow the PHA to inspect the unit at reasonable times and after reasonable notice; • Take responsibility for care of the housing unit, including any violations of housing quality standards caused by the family;
• Comply with the terms of the lease with the owner;
• Comply with the family obligations of the voucher;
• Not commit serious or repeated violations of the lease; • Not engage in drug-related or violent criminal activity; • Notify the PHA and the owner before moving or terminating the lease; • Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any interest in the unit; • Promptly notify the PHA of any changes in family composition; • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs;
• Additional family responsibilities are listed throughout this administrative plan. The Family Obligations are listed in Chapter 5-I.C.
1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 35: Lead-Based Paint
• 24 CFR Part 100: The Fair Housing Act
• 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program •
24 CFR Part 983: Project-Based Vouchers
• 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP)
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PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s agency plan. This administrative plan is a supporting document to the PHA agency plan and is available for public review as required by CFR 24 Part 903.
This administrative plan is set forth to define the PHA's local policies for the operation of the housing programs in accordance with federal laws and regulations. All issues related to the HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable laws. The policies in this administrative plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to the HCV program. If such changes conflict with this plan, HUD regulations will have precedence.
Administration of the HCV program and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD regulations as well as all federal, state, and local fair housing laws and regulations.
1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54]
The HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow:
• Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4); • Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions (or suspensions) of the voucher term. 'Suspension' means stopping the clock on the term of a family's voucher after the family submits a request for approval of the tenancy.
If the PHA decides to allow extensions or suspensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions (or suspensions), and how the PHA determines the length of any extension or suspension (Chapter 5);
• Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4);
• Occupancy policies, including: the definition of what group of persons may qualify as a 'family'; the definition of when a family is considered to be 'continuously assisted'; and standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12); © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
• Encouraging participation by owners of suitable units located outside areas of low-income or minority concentration (Chapter 13);
• Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2);
• Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13);
• Subsidy standards (Chapter 5);
• Family absence from the dwelling unit (Chapter 12) ;
• How to determine who remains in the program if a family breaks up (Chapter 3); • Informal review procedures for applicants (Chapter 16); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 16); • Policies on administering decreases and increases in the payment standard during the HAP contract term (Chapter 6);
• The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
• Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
• Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16);
• Interim redeterminations of family income and composition (Chapter 11); • Restrictions, if any, on the number of moves by a participant family (Chapter 10); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16);
• Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8);
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3); • Policies governing the project-basing of vouchers in both the standard Project-Based Voucher (PBV) program (Chapter 17); and
• Special policies governing any special purpose vouchers issued by the PHA (Chapter 19); . © Copyright 2023 Nan McKay & Associates AHA Admin Plan 4/1/26 Unlimited copies may be made for internal use
Mandatory vs. Discretionary Policy
HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions; and
• Optional, non-binding guidance: including guidebooks, notices that have expired and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.
Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions.
1-III.C. ORGANIZATION OF THE PLAN
The Plan is organized to provide information to users in particular areas of operation.
1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the PHA Agency Plan, and a copy provided to HUD.
PHA Policy
The PHA will review and update the plan at least once a year, and more often if needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-1 CHAPTER 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing choice voucher (HCV) operations.
This chapter describes HUD regulations and PHA policies related to these topics in three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the HCV program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.), Section 504 of the Rehabilitation Act of 1973 and incorporate guidance from the Joint Statement of the Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-2 PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
• Executive Orders 11063 and 13988
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
• Violence Against Women Act (VAWA)
• When more than one civil rights law applies to a situation, the laws will be read and applied together.
• Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.
PHA Policy
No state or local nondiscrimination laws or ordinances apply. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-3 2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors.
The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability, or national origin (called “protected classes”).
Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].
PHA Policy
The PHA will not discriminate on the basis of marital status or sexual orientation.
The PHA will not discriminate against any protected class under California or federal law.
The PHA will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program • Provide housing that is different from that provided to others • Subject anyone to segregation or disparate treatment
• Subject anyone to sexual harassment
• Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
• Treat a person differently in determining eligibility or other requirements for admission • Steer an applicant or participant toward or away from a particular area based on any of these factors
• Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-4 Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-5
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. The PHA should make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.
In all cases, 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 Act [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.
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 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).
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-6 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]. Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation.
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.
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).
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-7 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 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).
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-8 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services [24 CFR Parts 1, 8, and 100]. This responsibility begins with the first contact by an interested family and continues through every aspect of the program.
PHA Policy
The PHA will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
Variations of the phasing above are acceptable so long as their purpose and intent are clearly communicated.
A specific name and phone number will be indicated as the contact for requests for accommodation for persons with disabilities. In most cases, the person who will handle the request shall be the assigned Housing Specialist. Housing Coordinators shall handle reasonable accommodations issues that require additional review or consideration.
The PHA will display posters and other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-9 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit.
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an “undue financial and administrative burden” for the PHA or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.
Types of Reasonable Accommodations
When needed, the PHA must modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
• Permitting applications and reexaminations to be completed by mail • Conducting home visits
• Using higher payment standards if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit. The PHA may approve a higher payment standard of up to 120% of the FMR. Reasonable accommodations requiring approval of a payment standard exceeding 120% of the FMR will require HUD approval. • Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit • Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff
• Allowing for exceptions to the PHA’s subsidy standards © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-10 2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability.
PHA Policy
The PHA will encourage the family to make its request in writing using a reasonable accommodation request form. However, the PHA will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-11 2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.
If a person’s disability is obvious, or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify
that the person meets the definition of a
person with a disability, and that the limitations imposed by the disability require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.
All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
• Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
• The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA will not inquire about the nature or extent of any disability.
• Medical records will not be requested or retained in the participant file. • In the event that the PHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the PHA should dispose of it.
In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26].
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-12 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 PIH 2010-26].
The PHA must approve a request for an accommodation if the following three conditions are met:
• The request was made by or on behalf of a person with a disability. • There is a disability-related need for the accommodation. • 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 (including the obligation to comply with HUD requirements and regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the overall size of the PHA’s program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs (Notice 2010-26).
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 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 from the date of the most recent discussion or communication with the family.
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 © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-13 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 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.
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.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-14 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION
IMPAIRMENTS
HUD regulations require the PHA to ensure that persons with disabilities related to hearing and vision have reasonable access to the PHA's programs and services [24 CFR 8.6].
At the initial point of contact with each applicant, the PHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.
PHA Policy
To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication will be available.
To meet the needs of persons with vision impairments, large-print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance will be provided upon request.
Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-15 2-II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following:
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The PHA’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents:
• This plan describes the key policies that govern the PHA’s responsibilities with regard to physical accessibility.
• Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to non-discrimination and accessibility in federally-funded housing programs.
• The PHA Plan provides information about self-evaluation, needs assessment, and transition plans.
The design, construction, or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly-constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the HCV program.
When issuing a voucher to a family that includes an individual with disabilities, the PHA will include a current list of available accessible units known to the PHA and will assist the family in locating an available accessible unit, if necessary [24 CFR 8.28(a)(3) and FR Notice 03/08/16].
In general, owners must permit the family to make reasonable modifications to the unit.
However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family’s expense when the family moves. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-16 2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform them of the PHA’s informal review process and their right to request an informal review. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review or informal hearing process, as applicable.
When a participant family’s assistance is terminated, the notice of termination must inform them of the PHA’s informal hearing process and their right to request a hearing and reasonable accommodation.
When reviewing reasonable accommodation requests, the PHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the PHA’s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the PHA must make the accommodation. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-17 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (LEP)
2-III.A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the HCV program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants and participants, and parents and family members of applicants and participants.
In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-18 2-III.B. ORAL INTERPRETATION
The PHA will offer competent interpretation services free of charge, upon request, to the LEP person.
PHA Policy
The PHA may use a language line for telephone interpreter services.
When exercising the option to conduct remote briefings, informal reviews, or hearings, however, the PHA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation.
Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the PHA. The PHA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, the PHA will not rely on the minor to serve as the interpreter.
The PHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.
Where feasible, according to its language assistance plan (LAP), the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. Where feasible and possible, the PHA will encourage the use of qualified community volunteers.
2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written text in another language.
PHA Policy
In order to comply with written-translation obligations, the PHA will take the following steps:
The PHA will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the PHA does not translate vital written materials, but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. © Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-19 2-III.D. IMPLEMENTATION PLAN
After completing the four-factor analysis and deciding what language assistance services are appropriate, the PHA shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves.
If the PHA determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to the PHA’s Housing Choice Voucher program and services.
PHA Policy
If it is determined that the PHA serves very few LEP persons, and the PHA has very limited resources, the PHA will not develop a written LEP plan, but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, grassroots and faith-based organizations, community groups, and groups working with new immigrants will be contacted for input into the process.
If the PHA determines it is appropriate to develop a written LEP plan, the following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-20 EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who:
• Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working. “Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. “Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the PHA) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.
The definition of a person with disabilities does not include:
• Current illegal drug users
• People whose alcohol use interferes with the rights of others • Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the HCV program The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.
© Copyright 2022 Nan McKay & Associates AHA Admin Plan 4/1/26 Page 2-21 The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the elderly/disabled household deduction, the dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity.
© Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
CHAPTER 3
ELIGIBILITY
INTRODUCTION
The PHA is responsible for ensuring that every individual and family admitted to the HCV program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family’s assistance.
To be eligible for the HCV program:
• The applicant family must:
- Qualify as a family as defined by HUD and the PHA.
- Have income at or below HUD-specified income limits.
- Qualify on the basis of citizenship or the eligible immigrant status of family members. - Provide social security number information for household members as required. - Consent to the PHA’s collection and use of family information as provided for in PHA- provided consent forms.
- Not currently receive a duplicative subsidy.
- Meet net asset and property ownership restriction requirements. • The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant’s past or current conduct (e.g., criminal activity) that can cause the PHA to deny assistance as well as the asset limitation for the HCV program.
© Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules.
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 5.403, FR NOTICE 02/03/12; NOTICE PIH 2014-20; AND FR NOTICE 2/14/23]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless of actual or perceived sexual orientation,gender identity, or marital status, a single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person.
Such group includes but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, and the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.
The definition of family also includes a single person who is an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or a group of persons residing together [Notice PIH 2023- 27; Notice PIH 2024-38].
Gender identity means actual or perceived gender characteristics.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
A displaced family is a family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief.
PHA Policy
A family also includes two or more individuals who are not related by blood, marriage, adoption, or other operation of law but who either can demonstrate that they have lived © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
together previously or certify that each individual’s income and other resources will be available to meet the needs of the family.
Each family must identify the individuals to be included in the family at the time of application to the waiting list, and must update family composition changes on the waiting list as they occur.
Once the family is selected from the preliminary waiting list to move on to the active waiting list, the PHA will not accept any additional family members on the application, unless it is the addition of a minor who is joining the household through birth, legal guardianship or court-awarded custody or a live-in aide. The PHA will consider the addition of other family members who were not included in the original application if the head of household can prove they have been residing together for at least one year. The PHA will require appropriate verification to be provided of the household composition for that period of time.
Household
Household is a broader term that includes additional people who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.
© Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [24 CFR 982.315; Notice PIH 2017-08]
Except under the following conditions, the PHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up. • If the family break-up results from an occurrence of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA must ensure that the victim retains assistance.
• In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator’s HUD–VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD–VASH voucher, which must be issued to another eligible family upon the voucher’s turnover.If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court's determination of which family members continue to receive assistance.
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. Other former family members may make a new application with a new application date if the waiting list is open.
If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted.
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 continue to receive assistance. In making its determination, the PHA will take 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 criminal activity; and (5) the recommendations of social service professionals.
In cases where it is impossible for the PHA to determine which family should retain their place on the waiting list, the family of the original head of household will retain their place on the waiting list. If the original head of household is deceased or has otherwise been removed from the household, the two families have 10 business days to come to a mutual agreement on who will keep the waiting list application. In the absence of an agreement by the families, the PHA will consider the waiting list application void and will remove it from the waiting list.
© Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.”
3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(B)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse.
PHA Policy
The family may designate any qualified family member as the head of household.
The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.
3-I.E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13].
Spouse means the marriage partner of the head of household.
PHA Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse.
A cohead is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead.
PHA Policy
Minors who are emancipated under state law may be designated as a cohead.
Other adult means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
3-I.F. DEPENDENTS AND MINORS [24 CFR 5.603; NOTICE PIH 2023-27; NOTICE PIH 2024-38]
A minor is a member of the family, other than the head of family or spouse, who is under 18 years of age.
A dependent is a member of the family (which excludes foster children and foster adults) other than the family head or spouse who is under 18 years of age, or is a person with a disability, or is a full-time student [24 CFR 5.603]. Identifying each dependent in the family is important because each dependent qualifies the family for a deduction from annual income as described in Chapter 6.
Joint Custody of Dependents
PHA Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more of the time.
Families with dependents must provide appropriate verification of custody, as necessary.
Acceptable verification of custody may be documentation from the court or County child welfare agency or verification of government benefits received on behalf of the minor. In the absence of such documentation, the PHA may accept, on a case-by-case basis, a notarized statement from the absent parent or school records indicating the minor has been living with the family for at least one year.
When more than one applicant or participant family is claiming the same dependents as family members, the family whose been awarded at least 50% of joint legal and physical primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, school records, or an IRS return showing which family has claimed the child for income tax purposes.
(Please note, these policies are also listed under Section 6-I.B. of this plan.)
3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, P. 5-29] A full-time student (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to be full-time is defined by the educational institution.
Identifying each FTS is important because: (1) each family member that is an FTS, other than the head, spouse, or cohead, qualifies the family for a dependent allowance, and (2) the earned income of such a FTS is treated differently from the income of other family members.
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3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 AND 5.403, FR NOTICE 02/03/12]
Elderly Persons
An elderly person is a person who is at least 62 years of age.
Near-Elderly Persons
A near-elderly person is a person who is 50-61 years of age.
Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person.
It may include two or more persons who are at least 62 years of age living together, or one or more persons who are at least 62 years of age living with one or more live-in aides. Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6.
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3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR NOTICE 02/03/12]
Persons with Disabilities
Under the HCV program, special rules apply to persons with disabilities and to any family whose head, spouse, or cohead is a person with disabilities. The technical definitions of individual with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter.
These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability.
As discussed in Chapter 2, the PHA must make all aspects of the HCV program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person’s disability.
Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with disabilities. It may include two or more persons with disabilities living together, or one or more persons with disabilities living with one or more live-in aides. Identifying disabled families is important because these families qualify for special deductions from income as described in Chapter 6.
Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the PHA from denying assistance for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter, or from terminating assistance in accordance with the policies in Chapter 12.
3-I.J. GUESTS [24 CFR 5.100]
A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent on behalf of the tenant.
PHA Policy
A guest can remain in the assisted unit no longer than 30 days during any 12-month period. In cases where the lease governing the tenancy contains a guest provision, the family must adhere to the terms of the lease. If a lease provision is more restrictive, the PHA policy on guests does not override the lease. The family must adhere to the more restrictive of the two policies.
Children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the assisted household more than 50 percent of the time, are not subject to the time limitations of guests as described above.
A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 40 consecutive days). An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return.
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3-I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603; HOTMA FINAL RULE 05/07/2024; NOTICE PIH 2023-27; NOTICE PIH 2024-38-] A foster adult is a member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition, and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
A foster child is a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.
Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are are not considered family members and must not be included in calculations of income for eligibility and rent determination purposes. However, foster adults/children are considered household members and must be included when determining unit size or subsidy standards based on established policies [Notice PIH 2023-27].
The income of foster children/adults is not counted in family annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603; HUD-50058 IB, p. 13].When a member of an assisted family is temporarily placed in foster care (as confirmed by the state child welfare agency), the member is still counted as a family member in the unit from which they were removed. This means that a foster child or foster adult could be considered an assisted family member in one household while also being a foster child [Notice PIH 2023-27].
PHA Policy
A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of space standards as described in Section 8-I.F. of this policy.
A foster child may only be assigned a bedroom if they will be placed in a unit for at least 3 uninterrupted months. All allocation of voucher bedroom sizes will be handled in accordance with the subsidy standard policy in Chapter 5, Part II.
Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.
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3-I.L. ABSENT FAMILY MEMBERS [24 CFR 982.312, 24 CFR 982.551(I)] Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order.
It is the responsibility of the household to report absences and changes in family composition.
The PHA will evaluate absences from the unit using the policies in this section.
Definitions of Temporarily and Permanently Absent
PHA Policy
Generally, an individual who is or is expected to be absent from the assisted unit for 180 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.
Absence of Entire Family
PHA Policy
If the family is absent from the unit for more than 90 consecutive calendar days, the family’s assistance will be terminated unless the PHA has granted an extension.
The family must request an extension, in writing, at least ten business days prior to the end of the initial 30-day absence period. The PHA will only grant an extension as a reasonable accommodation for a person with a disability for medical related issues. The PHA may grant an extension of no more than 15 days for other emergency reasons, such as the need to care for the medical needs of a family member who resides out of the area.
In order to grant an extension, the PHA will require verification of the necessity for the absence. If the extension is for medical reasons, the family must provide verification from the attending physician, or professional equivalent, of the necessity for the absence and the time period for which the family may expect to be absent from the unit. For other emergency-related reasons, the family must provide reasonable verification of the cause and necessity for the extension.
The PHA will not approve absences in excess of 180 consecutive calendar days. Unless absent from the unit due to medical or disability-related reasons, the PHA will consider a family to be using the assisted unit as a secondary residence if the family is absent in excess of 180 non-consecutive calendar days within a 12-month period. Notice of termination will be sent in accordance with Section 12-II.F.
The PHA will grant an exception to this policy as a reasonable accommodation.
Please note, that these policies are also listed under Section 12-I.E. “Family Absence from the Unit”
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Absent Students
PHA Policy
When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the PHA indicating that the student has established a separate household or the family declares that the student has established a separate household.
Absences Due to Placement in Foster Care [24 CFR 5.403] Children temporarily absent from the home as a result of placement in foster care are considered members of the family.
PHA Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit for more than 180 consecutive days due to employment will continue to be considered a family member.
Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member, and the income of that person is not counted [HCV GB, p. 5-22].
PHA Policy
The PHA will request verification from a responsible medical professional and will use this determination. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The family may presentevidence that the family member is confined on a permanent basis and request that the person not be considered a family member. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
Return of Permanently Absent Family Members
PHA Policy
The family must request PHA approval for the return of any family members that the PHA has determined to be permanently absent.
Any family member that has been permanently removed from the household will not be added back to the household for a period of 12 months following the request for removal except as a reasonable accommodation for a person with a disability. The PHA may also grant an exception to this policy if the exception is needed for validated/documented health or safety reasons.
Any individual returning to a household after being permanently removed is subject to all eligibility and screening requirements discussed elsewhere in this chapter. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
3-I.M. LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well-being of the persons, (2) is not obligated for the support of the persons, and (3) would not be living in the unit except to provide the necessary supportive services [24 CFR 5.403].
The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities.
The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR 5.609(b)(8)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family.
PHA Policy
A family’s request for a live-in aide may be made either orally or in writing. The PHA will verify the need for a live-in aide with written verification from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, unless the disability-related need is apparent or known to the PHA. For continued approval, the family may be required to submit a new, written request-subject to PHA verification.
In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide (1) is not obligated for the support of the person(s) needing the care, (2) would not be living in the unit except to provide the necessary supportive services, (3) and understands they do not have any right to the voucher.
Under limited circumstances, a relative, except for a spouse or registered domestic partner, may be approved to be a live-in aide but they must meet all the stipulations in the live-in aide definition described above. In particular, a relative who previously was living in the unit and wants to become a live-in aide must provide documentation that they would not be living in the unit except to provide the necessary supportive services and is not obligated for the support of the persons. Additionally, the previous household member must have been residing elsewhere for at least twelve (12) months prior to being added to the household as a live-in aide. By definition, a current household member is not eligible to become a live-in aide.
A live-in aide may not become a member of the participant household unless a live-in aide marries, or files for a domestic partnership in the state of California with, the participant. At which time, the live-in aide will be given ten (10) business days to report the change to the PHA in order to be added to the household as a spouse or cohead. If the marriage or formal domestic partnership is not reported to the PHA within ten (10) business days, the family may be terminated.
An individual classified by the PHA as a live-in aide or guest when the sole family member passes away or vacates the unit is not entitled to the housing assistance voucher as a remaining member of the tenant family.
The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
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The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
The person commits drug-related criminal activity or violent criminal activity; or The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.
The PHA will notify the family of its decision in writing within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request.
© Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
PART II: BASIC ELIGIBILITY CRITERIA
3-II.A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD establishes income limits for all areas of the country and publishes them annually in the Federal Register. They are based upon estimates of median family income with adjustments for family size. The income limits are used to determine eligibility for the program and for income targeting purposes as discussed in this section.
Definitions of the Low-Income Limits [24 CFR 5.603(b)]
Low-income family. A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size.
Very low-income family. A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size.
Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.
Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes.
Using Income Limits for Eligibility [24 CFR 982.201 and Notice PIH 2023-27] Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limit for their family size.
Income and net family assets of household members are excluded when determining income eligibility; however, household members are considered for purposes of unit size and subsidy standards. In order to be income eligible, an applicant family must be one of the following:
• A very low-income family
• A low-income family that has been “continuously assisted” under the 1937 Housing Act. A family is considered to be continuously assisted if the family is already receiving assistance under any 1937 Housing Act program at the time the family is admitted to the HCV program [24 CFR 982.4; 24 CFR 982.201(b)]
PHA Policy
The PHA will consider a family to be continuously assisted if the family was leasing a unit under any 1937 Housing Act program at the time they were issued a voucher by the PHA.
• A low-income family that qualifies for voucher assistance as a non-purchasing household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily housing © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173.
• A low-income family is eligible for assistance under VASH [FR Notice 8/13/24].
A low-income or moderate-income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract on eligible low-income housing as defined in 24 CFR 248.101
HUD permits the PHA to establish additional categories of low-income families that may be determined eligible. The additional categories must be consistent with the PHA plan and the consolidated plans for local governments within the PHA’s jurisdiction.
PHA Policy
The PHA has not established any additional categories of eligible low-income families.
Using Income Limits for Targeting [24 CFR 982.201]
At least 75 percent of the families admitted to the PHA's program during a PHA fiscal year must be extremely low-income families. HUD may approve exceptions to this requirement if the PHA demonstrates that it has made all required efforts but has been unable to attract an adequate number of qualified extremely low-income families.
Families continuously assisted under the 1937 Housing Act and families living in eligible low- income housing that are displaced as a result of prepayment of a mortgage or voluntary termination of a mortgage insurance contract are not counted for income targeting purposes. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, SUBPART E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance.
All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA’s Limited English Proficiency (LEP) Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.
Declaration [24 CFR 5.508]
HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals, and eligible noncitizens, the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults.
U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration as verification of their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport.
PHA Policy
Family members who declare citizenship or national status will not be required to provide additional documentation unless the PHA receives information indicating that an individual’s declaration may not be accurate.
Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with PHA efforts to verify their immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD-funded assistance.
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504].
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Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The PHA is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).
Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family.
Mixed Families
A family is eligible for assistance as long as at least one member is a citizen, national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered mixed families. Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of informal hearing procedures.
Ineligible Families [24 CFR 5.514(d), (e), and (f)]
A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the PHA in accordance with program requirements [24 CFR 5.512(a)].
PHA Policy
The PHA will not provide assistance to a family before the verification of at least one family member.
When a PHA determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 15 business days of the determination.
The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance, and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal hearing with the PHA. The informal hearing with the PHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the informal hearing process.
Informal hearing procedures are contained in Chapter 16. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the PHA must verify status at the first interim or regular reexamination following the person’s occupancy, whichever comes first.
If an individual qualifies for a time extension for the submission of required documents, the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)].
Each family member is required to submit evidence of eligible status only one time during continuous occupancy.
PHA Policy
The PHA will verify the status of applicants at the time other eligibility factors are determined.
3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 AND 5.218, NOTICE PIH 2018- 24]
The applicant and all members of the applicant’s household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7.
Note: These requirements do not apply to noncitizens who do not contend eligible immigration status.
The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR 5.216.
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3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, 24 CFR
5.232, AND HCV GB, P. 5-13]
HUD requires that each adult family member, and the head of household, spouse, or cohead, regardless of age, sign form HUD-9886-A, Authorization for the Release of Information/Privacy Act Notice, the form HUD-52675 Debts Owed to Public Housing Agencies and Terminations, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements.
The executed consent form remains effective until the family is denied assistance, assistance is terminated, or the family provides written notification to revoke consent.
The PHA must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3) and 24 CFR 5.232(a)].
However, this does not apply if the applicant or participant, or any member of their family, revokes their consent with respect to the ability of the PHA to access financial records from financial institutions unless the PHA establishes a policy that revocation of consent to access financial records will result in denial of admission or termination of assistance [24 CFR 5.232(c)]
PHA Policy
The revocation of consent to access financial records will result in denial of admission.
Please see Chapter 7-I.A. for policies regarding requirements and penalties for failing to provide, or revoking, consent.
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3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612, FR NOTICE 4/10/06, FR NOTICE 9/21/16]
Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education.
If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility must be examined along with the income eligibility of the student’s parents. In these cases, both the student and the student’s parents must be income eligible for the student to receive HCV assistance. If, however, a student in these circumstances is determined independent from their parents in accordance with PHA policy, the income of the student’s parents will not be considered in determining the student’s eligibility.
The new law does not apply to students who reside with parents who are applying to receive HCV assistance. It is limited to students who are seeking assistance on their own, separately from their parents.
Definitions
In determining whether and how the new eligibility restrictions apply to a student, the PHA will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16].
Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents.
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Independent Student
PHA Policy
The PHA will consider a student “independent” from their parents and the parents’ income will not be considered when determining the student’s eligibility if the following four criteria are all met:
The individual is of legal contract age under state law.
The individual has established a household separate from their parents for at least one year prior to application for occupancy or the individual meets the U.S.
Department of Education’s definition of independent student.
To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria:
The individual is at least 24 years old by December 31 of the award year for which aid is sought
The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older
The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's state of legal residence
The individual is a veteran of the U.S. Armed Forces or currently serving on active duty in the Armed Forces for other than training purposes
The individual is a graduate or professional student
The individual is married
The individual hasone or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent)
The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by:
- A local educational agency homeless liaison
- The director or designee of the director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act
- A financial aid administrator
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The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances
The individual was not claimed as a dependent by their parents pursuant to IRS regulations, as demonstrated on the parents’ most recent tax forms.
The individual provides a certification of the amount of financial assistance that will be provided by their parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided.
If the PHA determines that an individual meets the definition of a vulnerable youth such a determination is all that is necessary to determine that the person is an independent student for the purposes of using only the student’s income for determining eligibility for assistance.
The PHA will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E.
Institution of Higher Education
The PHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to determine whether a student is attending an institution of higher education (see Exhibit 3-2).
Parents
PHA Policy
For purposes of student eligibility restrictions, the definition of parents includes biological or adoptive parents, stepparents (as long as they are currently married to the biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc).
Person with Disabilities
The PHA will use the statutory definition under section 3(b)(3)(E) of the 1937 Act to determine whether a student is a person with disabilities (see Exhibit 3-1).
Veteran
PHA Policy
The PHA has adopted the definition of veteran as defined under the California Military and Veterans Code, Section 980.
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Vulnerable Youth
PHA Policy
A vulnerable youth is an individual who meets the U.S. Department of Education's definition of independent student in paragraphs (b), (c), or (h), as adopted in Section II of FR Notice 9/21/16:
The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older
The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's state of legal residence The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by:
A local educational agency homeless liaison;
The director or designee of the director of a program funded under the McKinney-Vento Act;
Or a financial aid administrator
Determining Student Eligibility
If a student is applying for assistance on their own, apart from their parents, the PHA must determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612.
If the student is subject to those restrictions, the PHA must ensure that: (1) the student is individually eligible for the program, (2) either the student is independent from their parents or the student’s parents are income eligible for the program, and (3) the “family” with which the student is applying is collectively eligible for the program.
PHA Policy
For any student who is subject to the 5.612 restrictions, the PHA will:
Follow its usual policies in determining whether the student individually and the student’s “family” collectively are eligible for the program Determine whether the student is independent from their parents in accordance with the definition of independent student in this section Follow the policies below, if applicable, in determining whether the student’s parents are income eligible for the program
If the PHA determines that the student, the student’s parents (if applicable), or the student’s “family” is not eligible, the PHA will send a notice of denial in accordance with the policies in Section 3-III.F, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-III.B.
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Determining Parental Income Eligibility
PHA Policy
For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this section, the PHA will determine the income eligibility of the student’s parents as follows:
If the student’s parents are married and living together, the PHA will obtain a joint income declaration and certification of joint income from the parents.
If the student’s parent is widowed or single, the PHA will obtain an income declaration and certification of income from that parent.
If the student’s parents are divorced or separated, the PHA will obtain an income declaration and certification of income from each parent.
If the student has been living with one of their parents and has not had contact with or does not know where to contact their other parent, the PHA will require the student to submit a certification under penalty of perjury describing the circumstances and stating that the student does not receive financial assistance from the other parent. The PHA will then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact.
In determining the income eligibility of the student’s parents, the PHA will use the income limits for the jurisdiction in which the parents live.
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PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied assistance. A PHA may deny assistance for an applicant because of the family’s action or failure to act as described in 24 CFR 982.552 or 982.553. In this section, we will discuss other situations and circumstances in which denial of assistance is mandatory for the PHA, and those in which denial of assistance is optional for the PHA.
Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] Denial of assistance includes any of the following:
• Not placing the family's name on the waiting list
• Denying or withdrawing a voucher
• Not approving a request for tenancy or refusing to enter into a HAP contract • Refusing to process a request for or to provide assistance under portability procedures
Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR
5.2005(b)]
HUD rules prohibit denial of program assistance to the program based on any of the following criteria:
• Age, disability, race, color, religion, sex, or national origin. (See Chapter 2 for additional information about fair housing and equal opportunity requirements.) • Where a family lives prior to admission to the program • Where the family will live with assistance under the program. Although eligibility is not affected by where the family will live, there may be restrictions on the family's ability to move outside the PHA's jurisdiction (See Chapter 10, Portability.) • Whether members of the family are unwed parents, recipients of public assistance, or children born out of wedlock
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program • Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking if the applicant is otherwise qualified for assistance (See section 3-III.G.)
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3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(A) AND 24 CFR 982.552(B)(6)]
HUD requires the PHA to deny assistance in the following cases:
• Any member of the household has been evicted from federally-assisted housing in the last 3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise-eligible family if the household member has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household).
PHA Policy
The PHA will admit an otherwise-eligible family who was evicted from federally- assisted housing within the past 3 years for drug-related criminal activity, if the PHA is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the PHA, or the person who committed the crime is no longer living in the household. • The PHA determines that any household member is currently engaged in the use of illegal drugs.
PHA Policy
Currently engaged in is defined as any use of illegal drugs during the previous twenty- four months. In making a determination under this policy, the PHA may choose to waive this definition for applicants who have demonstrated progress towards reintegration and are actively engaged in and fully compliant with a treatment program. The PHA may verify this through third-party documentation.
• The PHA has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
PHA Policy
In determining reasonable cause, the PHA will consider all credible evidence, including but not limited to, any record of convictions, police reports, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A record or records of arrest will not be used as the sole basis of determining reasonable cause. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members.
• Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing.
• Any household member is subject to a lifetime registration requirement under a state sex offender registration program.
• Any member of the family fails to sign and submit consent forms for obtaining information. • The family does not meet the restrictions on net assets and real property ownership as required by 24 CFR 5.618.
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3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section.
PHA Policy
The PHA will deny assistance to an applicant family if:
The family does not provide information that the PHA or HUD determines is necessary in the administration of the program.
The family does not provide complete and true information to the PHA.
Criminal Activity [24 CFR 982.553]
HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity.
PHA Policy
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 the family will be denied assistance. 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 months 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 engaged in any of the following criminal activities, within the past 12 months, the family will be denied assistance. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
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 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.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.
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.
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.
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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.
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.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section F 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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3-III.D. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.903].
PHA Policy
The PHA will perform a criminal background check for every adult household member.
The PHA may use one, or any combination, of the following means to conduct a background check:
Local law enforcement
Department of Justice
National Crime Information Center (NCIC)
National Credit Reporting (NCR)
Or any other reputable organization that is authorized and validated to conduct such work.
PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)]. Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission [24 CFR
5.903(f) and 5.905(d)].
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Screening for Suitability as a Tenant [24 CFR 982.307]
The PHA has no liability or responsibility to the owner for the family’s behavior or suitability for tenancy. The PHA has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant.
PHA Policy
The PHA will not conduct additional screening to determine an applicant family’s suitability for tenancy.
The owner is responsible for screening and selection of the family to occupy the owner’s unit.
The PHA must inform the owner that screening and selection for tenancy is the responsibility of the owner. An owner may consider a family’s history with respect to factors such as: payment of rent and utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy HUD requires the PHA to provide prospective owners with the family's current and prior address (as shown in PHA records) and the name and address (if known) of the owner at the family's current and prior addresses. HUD permits the PHA to provide owners with additional information, as long as families are notified that the information will be provided, and the same type of information is provided to all owners.
The PHA may not disclose to the owner any confidential information provided to the PHA by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, stalking, or human trafficking, except at the written request or with the written consent of the individual providing the documentation [see 24 CFR 5.2007(a)(4)].
PHA Policy
The PHA will inform owners of their responsibility to screen prospective tenants and will provide owners with the required known name and address information, at the time of the initial inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history, criminal history, etc.
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3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence [24 CFR 982.553(c)]
PHA Policy
The PHA will use the concept of the preponderance of the evidence as the standard for making all admission decisions.
Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.
Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.
Consideration of Circumstances [24 CFR 982.552(c)(2)]
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandatory (see Section 3-III.B).
PHA Policy
The PHA will consider the following factors prior to making its decision:
The nature and the severity of the case, especially with respect to how it would affect other residents
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.H.) a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future
While a record or records of arrest will not be used as the sole basis for denial, an arrest may trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider:
Any statements made by witnesses or the applicant not included in the police report
Whether criminal charges were filed
Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal
Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity
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Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully The PHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully.
Before making an adverse decision related to an applicant’s or participant’s criminal involvement, the PHA will provide the applicant or participant with the criminal record, indicate which specific part of the record may form the basis of an adverse decision, and give the applicant or tenant the opportunity to correct inaccurate information or explain extenuating circumstances related to that record.
The PHA will conduct an individualized review that considers relevant mitigating information beyond that contained in an individual’s criminal record, Relevant individualized evidence includes, but is not limited, to the following, during the respective lookback periods:
The facts or circumstances surrounding the criminal conduct Whether the applicant’s offense bears a relationship to the safety and security of other residents
The age of the individual at the time of the conduct
How long ago the criminal conduct occurred
The number of convictions that appear on the applicant’s criminal history Evidence that the individual has maintained a good tenant history before and/or after the conviction or conduct
Evidence of rehabilitation efforts that the applicant has undertaken since the time of conviction. If the applicant is now in recovery for an addiction, whether the applicant was under the influence of alcohol or illegal drugs at the time of the offense Criminal convictions
Police reports or witness statements (which will not be used as the sole basis for a denial)
Any record of eviction from public or privately-owned housing as a result of criminal activity
The PHA will consider all of the factors listed above in order to determine whether the individual threatens the safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity.
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Removal of a Family Member's Name from the Application
Should the PHA’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28].
For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)].
PHA Policy
As a condition of receiving assistance, a family may request to remove a culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit, stay as a guest, or reside in the assisted unit.
The PHA will not approve the removal of a spouse/cohead that has been living with and/or providing financial resources to the family at the time of application. Exceptions may be granted in (a) VAWA related cases; (b) instances where the PHA must offer the family the opportunity to remove the ineligible family member from the household due to a regulatory requirement; (c) or where definitive proof is provided that the family is breaking up and the spouse will not be a part of the household.
The family must present evidence of the former family member’s current address upon PHA request.
The PHA will only approve the removal of a household member from the application in cases where the family has provided verifiable documentation linking the removed household member to another address.
Any documentation requested as part of the approval process must be provided within ten business days of request. If acceptable documentation is not received with the required timeframe, the application will be denied.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.
PHA Policy
If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, the PHA will determine whether the behavior is related to the disability. If so, upon the family’s request, the PHA will determine whether alternative measures are appropriate as a reasonable accommodation. The PHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation.
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3-III.F. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family in writing and schedule an applicant briefing, as discussed in Chapter 5.
If the PHA determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe: (1) the reasons for which assistance has been denied, (2) the family’s right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures.
PHA Policy
The family will be notified of a decision to deny assistance in writing within 10 business days of the determination.
If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)].
PHA Policy
If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible the PHA will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record.
The family will be given 10 business days to dispute the accuracy and relevance of the information. If the family does not contact the PHA to dispute the information within that 10-day period, the PHA will proceed with issuing the notice of denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal review process.
If the head of household is not the subject of the criminal record, the head of household will receive a notice to deny but will not receive a copy of the criminal record.
Notice requirements related to denying assistance to noncitizens are contained in Section 3-II.B.
Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault,r stalking, or human trafficking are contained in Section 3-III.H.
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3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, AND HUMAN TRAFFICKING [24 CFR PART 5, SUBPART L]
The Violence Against Women Act (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to the HCV program on the basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant otherwise qualifies for assistance or admission.
• Although the VAWA 2022 statute does not specifically include human trafficking in the list of victims protected under VAWA, in 2022 HUD began including human trafficking as part of the list of victims protected under VAWA (as seen in Notices PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes human trafficking in addition to domestic violence, dating violence, sexual assault, and stalking anywhere such a list appears.
Definitions of key terms used in VAWA are provided in Section 16-IX of this Plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located.
Definitions [24 CFR 5.2003]
As used in VAWA:
• The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact. • The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or inimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. • The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship • The term sexual assault means:
− Any nonconsensual sexual act proscribed by Federal, tribal or State law, including when the victim lacks capacity to consent.
• The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
− Fear for the person’s individual safety or the safety of others; or © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
− Suffer substantial emotional distress.
• The term affiliated individual means, with respect to a person:
- A spouse, parent, brother, sister, child of that person, or an individual to whom that person stands in the position or place of a parent or guardian; or - Any individual, tenant, or lawful occupant living in the of the household of that person.
Notification
VAWA requires PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD–5380) and a domestic violence certification form (HUD-5382) at the time the applicant is denied.
PHA Policy
The PHA acknowledges that a victim of domestic violence, dating violence, sexual assault, stalking, or human traffickingmay have an unfavorable history (e.g., a poor credit history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the PHA’s policies.
Therefore, if the PHA makes a determination to deny admission to an applicant family, the PHA will include in its notice of denial:
A statement of the protection against denial provided by VAWA A description of PHA confidentiality requirements
A request that an applicant wishing to claim this protection submit to the PHA documentation meeting the specifications below with her or his request for an informal review (see section 16-III.D)
Documentation
Victim Documentation [24 CFR 5.2007]
PHA Policy
An applicant claiming that the cause of an unfavorable history is that a member of the applicant family is or has been a victim of domestic violence, dating violence, sexual assault or stalking must provide documentation (1) demonstrating the connection between the abuse and the unfavorable history and (2) naming the perpetrator of the abuse. The documentation may consist of any of the following:
A statement signed by the victim certifying that the information provided is true and correct and that it describes bona fide incident(s) of actual or threatened domestic violence, dating violence, or stalking
A police or court record documenting the domestic violence, dating violence, sexual assault or stalking.
Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
service provider; an attorney; or a medical or other knowledgeable professional.
The person signing the documentation must attest under penalty of perjury to the person’s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation.
Perpetrator Documentation
PHA Policy
If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following:
A signed statement (1) requesting that the perpetrator be removed from the application and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit.
Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.
Time Frame for Submitting Documentation
PHA Policy
The applicant must submit the required VAWA documentation with her or his request for an informal review (see section 16-III.D) or must request an extension to submit the required VAWA documentation in writing at that time. If the applicant so requests, the PHA will grant an extension of 10 business days, and will postpone scheduling the applicant’s informal review until after it has received the documentation or the extension period has elapsed. If after reviewing the documentation provided by the applicant the PHA determines that the family is eligible for assistance, no informal review will be scheduled and the PHA will proceed with admission of the applicant family.
PHA Confidentiality Requirements [24 CFR 5.2007(a)(1)(v)] All information provided to the PHA regarding domestic violence, dating violence, sexual assault or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence and may neither be entered into any shared database nor provided to any related entity, except to the extent that the disclosure (a) is requested or consented to by the individual in writing, (b) is required for use in an eviction proceeding, or (c) is otherwise required by applicable law.
PHA Policy
If disclosure is required for use in an eviction proceeding or is otherwise required by applicable law, the PHA will inform the victim before disclosure occurs so that safety risks can be identified and addressed.
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EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES
PERSON WITH DISABILITIES [24 CFR 5.403]
The term person with disabilities means a person who has any of the following types of conditions:
• Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:
Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or
In the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.
• Has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines developmental disability in functional terms as follows:
(A) In General
The term “developmental disability” means a severe, chronic disability of an individual that:
(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) Self-care, (II) Receptive and expressive language, (III) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for independent living, (VII) Economic self-sufficiency; and
(v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
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(B) Infants and Young Children
An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life.
• Has a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration; substantially impedes their ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions.
People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS are not excluded from this definition.
A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program.
For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps.
INDIVIDUAL WITH HANDICAPS [24 CFR 8.3]
Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
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(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation; (b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (c) Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment.
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EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002]
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] Institution of Higher Education shall have the meaning given this term in the Higher Education Act of 1965 in 20 U.S.C. 1001 and 1002.
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1001 (a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ means an educational institution in any State that
(1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legally authorized within such State to provide a program of education beyond secondary education;
(3) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ also includes—
(1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
(c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered. © Copyright 2023 Nan McKay & Associates, Inc. AHA Admin Plan 4/1/26
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1002 (a) Definition of institution of higher education for purposes of student assistance programs (1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this subsection, the term ‘‘institution of higher education’’ for purposes of subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the institutions covered by the definition in section 1001 of this title— (A) A proprietary institution of higher education (as defined in subsection (b) of this section);
(B) A postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) Only for the purposes of part B of subchapter IV of this chapter, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part B of subchapter IV of this chapter.
(2) Institutions outside the United States
(A) In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001 (a)(4) of this title).
Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of subchapter IV of this chapter unless—
(i) In the case of a graduate medical school located outside the United States— (I)(aa) At least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; and
(bb) At least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; or
(II) The institution has a clinical training program that was approved by a State as of January 1, 1992; or
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(ii) In the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States.
(B) Advisory panel
(i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—
(I) Evaluate the standards of accreditation applied to applicant foreign medical schools; and
(II) Determine the comparability of those standards to standards for accreditation applied to United States medical schools.
(ii) Special rule if the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title.
(C) Failure to release information. The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of subchapter IV of this chapter.
(D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.
(3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution—
(A) Offers more than 50 percent of such institution’s courses by correspondence, unless the institution is an institution that meets the definition in section 2471 (4)(C) of this title;
(B) Enrolls 50 percent or more of the institution’s students in correspondence courses, unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
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(C) Has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2-or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, respectively; or (D) Has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2-or 4- year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.
(4) Limitations based on management. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— (A) The institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or
(B) The institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, or has been judicially determined to have committed fraud involving funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42.
(5) Certification. The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part G of subchapter IV of this chapter.
(6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this chapter.
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(b) Proprietary institution of higher education
(1) Principal criteria. For the purpose of this section, the term ‘‘proprietary institution of higher education’’ means a school that—
(A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this title; (C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this title; (D) Is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part G of subchapter IV of this chapter; (E) Has been in existence for at least 2 years; and
(F) Has at least 10 percent of the school’s revenues from sources that are not derived from funds provided under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, as determined in accordance with regulations prescribed by the Secretary.
(2) Additional institutions. The term ‘‘proprietary institution of higher education’’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
(c) Postsecondary vocational institution.
(1) Principal criteria. For the purpose of this section, the term ‘‘postsecondary vocational institution’’ means a school that—
(A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a) of this title; and
(C) Has been in existence for at least 2 years.
(2) Additional institutions. The term ‘‘postsecondary vocational institution’’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located. © Copyright 2023 Nan McKay & Associates, Inc. Adminplan 4/1/26 Unlimited copies may be made for internal use.
CHAPTER 4
APPLICATIONS, WAITING LIST, AND TENANT SELECTION
INTRODUCTION
When a family wishes to receive assistance under the HCV program, the family must submit an application that provides the PHA with the information needed to determine the family’s eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list.
When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the administrative plan and the annual plan.
The PHA is required to adopt clear policies and procedures for accepting applications, placing families on the waiting list, and selecting families from the waiting list, and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. Funding earmarked exclusively for families with particular characteristics may also alter the order in which families are served.
HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2.
This chapter describes HUD and PHA policies for taking applications, managing the waiting list, and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows:
Part I: The Application Process. This part provides an overview of the application process and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives.
Part II: Managing the Waiting List. This part presents the policies that govern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current.
Part III: Selection for HCV Assistance. This part describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews and/or a mail-in process may be used to ensure that the PHA has the information needed to make a final eligibility determination. © Copyright 2023 Nan McKay & Associates, Inc. Adminplan 4/1/26 Unlimited copies may be made for internal use.
PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This part describes the PHA policies for making applications available, accepting applications, making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This part also describes the PHA’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP).
4-I.B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 – 4-16, NOTICE PIH 2009-36] Any family that wishes to receive HCV assistance must apply for admission to the program.
HUD permits the PHA to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by the PHA. The PHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the PHA’s application [Notice PIH 2012-22]..
PHA Policy
Depending upon the length of time that applicants may need to wait to receive assistance, the PHA may use a one- or two-step application process.
A one-step process will be used when it is expected that a family will be selected from the waiting list within 60 days of the date of application. At application, the family must provide all of the information necessary to establish family eligibility and level of assistance.
A two-step process will be used when it is expected that a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, the PHA initially places the family on a preliminary waiting list and will require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list.
Any information provided by the family is deemed reliable for purposes of placement on the preliminary list.
The family will be required to provide all of the information necessary to establish family eligibility and level of assistance when the family is selected from the preliminary waiting list and is being considered for placement on the active waiting list. A family can be placed on the active waiting list when it is determined that the applicant can be housed within 60 days of verification of eligibility.
Families must apply to the waiting list using an online application available on the City of Anaheim and Anaheim Housing Authority websites. The PHA may also provide a paper application during normal business hours or send a paper application to the family via first-class mail as a reasonable accommodation.
Applications completed through the online electronic process will be added to the preliminary waiting list through an automated process.
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Paper applications must be returned to the PHA by mail or submitted in person during normal business hours. Applications must be complete in order to be accepted by the PHA for processing. If an application is incomplete, the PHA will notify the family of the additional information required. The date and time assigned to an application for the purpose of waiting list placement will be based on the receipt of a completed application.
Duplicate applications will not be accepted. If any duplicate applications are identified, the PHA will merge the records and retain the application with the earliest valid date and time of submission. All other duplicates will be removed from the system.
The head of household and spouse or cohead may maintain only one active application per waiting list and may not maintain separate active applications with different household compositions.
If duplicate applications are found, the application with the oldest date and time will take precedence. The head of household of the inactivated application will be sent a notice that the duplicate application is being removed from the waiting list. The notice will contain a statement of protection against denial provided by VAWA. The PHA will make an exception to this policy for an applicant wishing to maintain a separate application from their spouse or partner due to circumstances of domestic violence in the household if the applicant can provide adequate documentation of such circumstances, as described in section 3-III.G of this Plan.
The head of household and spouse or cohead of a participant family may not maintain an active waiting list application once the family has already been assisted with a Housing Choice Voucher, Project-Based Voucher, or any other special purpose voucher program.
Family members listed as “other adult” may maintain a separate waiting list application from the head of household and spouse or cohead.
4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 – 4-13] The PHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard PHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the PHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the PHA’s policies related to providing reasonable accommodations for people with disabilities.
Limited English Proficiency
PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP). © Copyright 2023 Nan McKay & Associates, Inc. Adminplan 4/1/26 Unlimited copies may be made for internal use.
4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a waiting list of applicants.
No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)].
Ineligible for Placement on the Active Waiting List
PHA Policy
Applicants are initially place on a preliminary waiting list and only minimal information is required. Any information provided by the applicant family during the preliminary application process is accepted as true and accurate. As openings become available for housing assistance, applicant families are notified that the full application and eligibility process can commence.
All information provided for the purposes of being placed on the active waiting list are subject to verification. If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the active waiting list. Where a family is determined to be ineligible, the PHA will send written notification of the ineligibility determination within 10 business days of when the determination was made.
The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16).
Eligible for Placement on the Active Waiting List
PHA Policy
The PHA will send written notification of the preliminary eligibility determination within 15 business days of receiving a complete application.
Placement on the active waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the active waiting list.
Applicants will be placed on the active waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA.
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PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants.
In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program.
4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 AND 205] The PHA’s HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan.
The waiting list must contain the following information for each applicant listed:
• Applicant name;
• Family unit size;
• Date and time of application;
• Qualification for any local preference;
• Racial or ethnic designation of the head of household.
HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served.
PHA Policy
The PHA will maintain a single waiting list for the HCV program.
HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project-based voucher or moderate rehabilitation program the PHA operates if 1) the other programs’ waiting lists are open, and 2) the family is qualified for the other programs.
HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs.
A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify.
PHA Policy
The PHA maintains one single waiting list and therefore will not merge the HCV waiting list with the waiting list for any other program the PHA operates. © Copyright 2023 Nan McKay & Associates, Inc. Adminplan 4/1/26 Unlimited copies may be made for internal use.