CITY OF FAIRFIELD
CITY COUNCIL
MEETING AGENDA
Tuesday, December 17, 2024, 6:00 p.m.
Harry T. Price Memorial Council Chamber
1000 Webster Street, Fairfield, CA 94533 or Via Zoom
CONCURRENT MEETING
HOUSING AUTHORITY
Notice to Public
The City of Fairfield is committed to providing meeting facilities that are accessible to persons with disabilities and/or have language barriers. To request meeting materials in alternative formats, or to request a sign language interpreter, realtime captioning, or other accommodation, please contact the City Clerk's Office, at least 72 hours in advance of the meeting at (707) 428-7400.
For individuals with hearing or speaking limitations, dial 711 or (800) 735-2922 (English). For Spanish, Tagalog or other language, please dial (800) 855-3000 and provide the communication assistant with the following City telephone number: (707) 399-4010.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
Pursuant to Government Code 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City's decision on the agenda item in the 12 months prior to the date the item is on the agenda. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member in the 12 months prior to the date the item is on the agenda are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
Members of the public can observe the meeting on Comcast Cable Channel 26, ATT UVerse 99, and webstreamed live at www.youtube.com/user/FFCATV/live. The public may join the meeting via Zoom at:
https://fairfieldca.zoom.us/j/89060213840?pwd=UUd0WlpEMStLemcxbld4dzVMK3Z5dz09 or via phone (408) 638-0968, Webinar ID: 890 6021 3840, Passcode: 7074287400 Pages
A. CALL TO ORDER 6:00 PM
B. ROLL CALL
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Scott Tonnesen
Councilmember Rick Vaccaro
Councilmember K. Patrice Williams
Vice Mayor Pam Bertani
Mayor Catherine "Cat" Moy
C. INVOCATION - PASTOR ANTHONY GILMORE - BETHEL COMMUNITY CHURCH D. PLEDGE OF ALLEGIANCE
E. PRESENTATIONS
E.1 Proclamation Thanking Rick Vaccaro for His Service to Fairfield Presented By Mayor Catherine "Cat" Moy
Contact: Karen Rees, (707) 428-7767
F. COUNCIL REPORTS
G. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action:
To approve the consent calendar.
G.1 Resolution 2024-282 CM Declaring the Results at the November 5, 2024, General Election
9 Declaring the Results of Votes Cast and Candidates Elected at the November 5, 2024, General Municipal Election
Funding Source: $232,205; General Fund
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Adopt resolution.
H. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Fairfield Police Lieutenant Jausiah Jacobsen will Administer the Oath of Office to Councilmember Scott Tonnesen.
1. Pastor Anthony Gilmore will Administer the Oath of Office to Councilmember Pam Bertani.
2.
California State Senator Christopher Cabaldon will Administer the Oath of Office to Councilmember Manveer Sandhu.
3. Deputy City Clerk Esther Beavers will Administer the Oath of Office to City Clerk Karen L. Rees.
4. City Clerk Karen L. Rees will Administer the Oath of Office to City Treasurer Arvinda Krishnan.
5. I. ADJOURN
J. RECONVENE MEETING OF CITY COUNCIL
K. ROLL CALL - NEWLY ELECTED COUNCILMEMBERS
Councilmember Pam Bertani
Councilmember Doug Carr
Councilmember Doriss Panduro
Councilmember Manveer Sandhu
Councilmember Scott Tonnesen
Councilmember K. Patrice Williams
Mayor Catherine "Cat" Moy
L. SELECTION OF VICE MAYOR
M. COUNCIL REPORTS
N. CITY MANAGER REPORT
O. CITY ATTORNEY REPORT
P. CITY CLERK REPORT
Q. PUBLIC COMMENTS
Persons wishing to address the City Council on subjects not on the agenda but within the jurisdiction of the council may do so at this time. The council cannot discuss or take action on matters not on the agenda for this meeting, but councilmembers may briefly respond to statements made or questions raised by the public, ask for clarification from staff, refer the matter to staff, request staff to report back To the council at a subsequent meeting, or place the matter on a future agenda. To speak on an agenda item please use the “raise your hand” feature or press *9 on your phone. Speakers are limited to three minutes per item, or as determined by the mayor.
R. CONVENE JOINT MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY The holding of a joint meeting of the City Council and Housing Authority entitles the councilmembers to receive additional compensation of $35 for attending this joint meeting.
S. HOUSING AUTHORITY - PUBLIC HEARING
S.1 Resolution HA2024-05 HD Administrative Plan Update 40 Approving the Update of the Administrative Plan for the Fairfield Housing Choice Voucher Program for the Calendar Year 2025
Funding Source: N/A
Contact: Tanya Tran, (707) 428-7391
Recommended Action:
Hold public hearing and adopt resolution.
T. RECONVENE MEETING OF THE CITY COUNCIL
U. CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion unless a member of the City Council or the public requests that separate action be taken on a specific item.
Recommended Action:
To approve the consent calendar.
U.1 Approval of Meeting Minutes for November 2024 603
Funding Source: N/A
Contact: Esther Beavers, (707) 428-7402
Recommended Action:
Approve the meeting minutes.
U.2 Resolution 2024-283 CM Unsheltered Street Outreach Services 611 Authorizing the City Manager to Execute a Memorandum of Understanding Between the City of Fairfield and Change and New Beginnings to Provide Unsheltered Street Outreach Services
Funding Source: $750,000; General Fund
Contact: April Cobb, (707) 428-7609
Recommended Action:
Adopt resolution.
U.3 Resolution 2024-284 PR Parks, Recreation, Open Space Master Plan 622 Adopting the Parks, Recreation, Open Space Master Plan
Funding Source: N/A
Contact: Kristina Kaunzinger, (707) 428-7470
Recommended Action:
Adopt resolution.
U.4 Resolution 2024-285 IT Renewal Agreement Environmental Systems Research Institute
626
Approving Renewal of the Small Government Enterprise Agreement with Environmental Systems Research Institute, Inc.
Funding Source: $279,750; Computer Fund
Contact: Savita Chaudhary, (707) 428-7582
Recommended Action:
Adopt resolution.
U.5 Resolution 2024-286 PW Transit Automated Vehicle Agreement Swiftly 637 Suspending Competitive Bidding and Authorizing the City Manager to Execute a Technology Software-As-A-Service Agreement for the Provision of Transit Automated Vehicle Location, Service Monitoring, Reporting Services and Equipment
Funding Source: $651,271.95; Transportation Enterprise Fund Contact: Ron Bremer, (707) 434-3823
Recommended Action:
Adopt resolution.
U.6 Resolution 2024-287 PW Energy Block Grant Voucher Program 668 Authorizing the City Manager to Submit Invoices to the U.S. Department of Energy (DOE) Energy Efficiency and Conservation Block Grant Program (EECBG) and Receive Rebate Vouchers and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Funding Source: N/A
Contact: David Renschler, (707) 428-7414
Recommended Action:
Adopt resolution.
U.7 Resolution 2024-288 PW Landscape Maintenance - Community Parks Contract New Image
672
Approving a Contractor Services Agreement with New Image Landscaping Company for Landscape Maintenance Services at Community Parks – Allan Witt Park, Laurel Creek Park, and Civic Center
Funding Source: $288,165; General Fund
Contact: Gary Sponsler, (707) 428-7416
Recommended Action:
Adopt resolution.
U.8 Resolution 2024-289 PW Landscape Maintenance - Landscape Lighting Maintenance Districts 8,3,6 Contract New Image
709
Approving a Contractor Services Agreement with New Image Landscaping Company for Landscape Maintenance Services in the Landscaping and Lighting Maintenance Districts No. 8 (Kolob Estates), No. 3 (Waterman Highlands), and No. 6 (Peppertree)
Funding Source: $36,696 ($18,092, Kolob Estates Maintenance District Fund; $12,888, Waterman Highlands Maintenance District Fund; $5,716, Peppertree Maintenance District Fund)
Contact: Gary Sponsler, (707) 428-7416
Recommended Action:
Adopt resolution.
U.9 Resolution 2024-290 PW Landscape Maintenance - Landscape Lighting Maintenance District 12 Contract New Image
745
Approving a Contractor Services Agreement with New Image Landscaping Company for Landscape Maintenance Services in the Landscaping and Lighting Maintenance District No. 12 – Downtown Business District Funding Source: $14,440; Downtown Maintenance District Fund Contact: Gary Sponsler, (707) 428-7416
Recommended Action:
Adopt resolution.
U.10 Resolution 2024-291 PW Linear Park Node 4A Award 774 Approving Plans and Specifications and Awarding a Contract to CWS Construction Group, Inc. for the Linear Park Node 4A – 2030 N. Texas Recreation Center Project and Authorizing an Update to the Fiscal Year 2024- 2025 Budget and Updating the 5-Year Capital Improvement Plan Funding Source: $14,723,500 ($8,054,290, AB 1600 Parks; $1,000,000, First 5 Solano Children and Families; $5,669,210, State Grant California Department of Parks and Recreation)
Contact: Caroline Vedder, (707) 428-7484
Recommended Action:
Adopt resolution.
U.11 Resolution 2024-292 PW Traffic Signal Improvements Clay Bank & Gulf Acceptance
780
Accepting the Improvements for the Clay Bank and Gulf Traffic Signal as Complete
Funding Source: N/A
Contact: Roger Dunham, (707) 428-7478
Recommended Action:
Adopt resolution.
U.12 Resolution 2024-293 PW North Bay Regional Water Treatment Expansion Program
783
Authorizing the City Manager to Execute a Professional Services Agreement with West Yost Associates for the Provision of Professional Services for the North Bay Regional Water Treatment Plant Expansion Program, Updating the 5- Year Capital Improvement Plan to Include the North Bay Regional Water Treatment Plant Expansion Project, and Authorizing an Update to the Fiscal Year 2024-2025 Budget
Funding Source: $1,993,100; North Bay Regional Fund
Contact: Michael J. Hether, (707) 428-7493
Recommended Action:
Adopt resolution.
U.13 Resolution 2024-294 PW Cordelia Library Maintenance Fund Budget Adjustment
908
Authorizing an Update to the Fiscal Year 2024-2025 Budget for the Cordelia Library Maintenance Fund
Funding Source: $103,650; Cordelia Library Maintenance Fund Contact: Peter Peirce, (707) 428-7563
Recommended Action:
Adopt resolution.
U.14 Resolution 2024-295 PW Comprehensive Operational Analysis Amendment Innovate Mobility
937
Authorizing the City Manager to Execute Amendment No. 4 to the Agreement between the City of Fairfield and Innovate Mobility, LLC to Develop, Complete, and Implement a Comprehensive Operational Analysis of FAST Local and Paratransit Services
Funding Source: N/A
Contact: Shaun Vigil, (707) 434-3807
Recommended Action:
Adopt resolution.
V. NEW BUSINESS
V.1 Resolution 2024-296 FD Ambulance Services Tentative Agreement Medic Ambulance
961
Approving a Tentative Agreement with Medic Ambulance Services, Inc. to Become the City of Fairfield’s Subcontractor for Advanced Life Support Ambulance Transport Services in Response to Solano County’s Request for Proposal for Exclusive Operating Area Rights for Medical Transport Services Funding Source: Privileged (see report)
Contact: Donny Biro, (707) 428-7222
Recommended Action:
Adopt resolution.
W. PUBLIC HEARINGS
W.1 Resolution 2024-297 PW Rockville Entrance Fee Increase 972 Approving an Increase and Establishing New Fees for the Rockville Hills Regional Park Entrance Fee Schedule
Funding Source: N/A
Contact: Valerie Standfill, (707) 428-7055
Recommended Action:
Hold public hearing and adopt resolution.
X. ADJOURN
ADJOURN TO TUESDAY, JANUARY 21, 2025, 6:00 P.M., HARRY T. PRICE MEMORIAL COUNCIL CHAMBER.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the City of Fairfield to all or a majority of the Fairfield City Council less than 72 hours prior to that meeting are available for public inspection at City Hall, in the 4th floor lobby, 1000 Webster Street, Fairfield, California during normal business hours.
PUBLIC NOTIFICATION
I, Kelly Ballard, Deputy City Clerk, do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Fairfield City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 1000 Webster Street, Fairfield, California on Thursday, December 12, 2024.
Agenda Item No: G.1
AGENDA REPORT
DATE: December 17, 2024
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Resolution 2024-282
Declaring the Results of Votes Cast and Candidates Elected at the November 5, 2024, General Municipal Election
Funding Source: $232,205; General Fund
Contact: Esther Beavers, (707) 428-7402
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
This resolution declares the results of votes cast for the City Clerk, City Treasurer, and City Council candidates by districts at the November 5, 2024, General Municipal Election.
DISCUSSION
The City conducts a General Municipal Election every year to elect City officials. The Solano County Registrar of Voters administers the election on behalf of the City. This year’s election was held on November 5, 2024. The seats open for election were for three councilmembers (Districts 2, 4, and 6), City Clerk, and City Treasurer.
There are 67,282 registered voters in the City of Fairfield, and 46,441 (69.02%) voted in the 2024 General Municipal Election. Based on the Certified Statement of Election Results by the Solano County Registrar of Voters, Scott Tonnesen for District 2, Pam Bertani for District 4, and Manveer Sandhu for District 6 were duly elected; K aren L. Rees was elected as City Clerk, and Arvinda Krishnan was elected as City Treasurer.
FINANCIAL IMPACT
The City reimburses the County in full for the services performed. The City has not yet been invoiced for its share of the election costs. The e stimated cost for the election is $232,205 (the estimate is based on $5.00 x 46,441 votes cast), to be paid from the General Fund.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
COORDINATED WITH
City Attorney’s Office and the Solano County Registrar of Voters
STAFF CONTACT
Esther Beavers, Deputy City Clerk
(707) 428-7402
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Official District Election Results
CITY OF FAIRFIELD
RESOLUTION NO. 2024-282
DECLARING THE RESULTS OF VOTES CAST AND CANDIDATES ELECTED AT THE NOVEMBER 5, 2024, GENERAL MUNICIPAL ELECTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRFIELD:
1. The Fairfield Municipal Election of November 5, 2024, was regularly conducted and held.
2. The total votes cast at said Fairfield Municipal Election was 46,441.
3. The persons voted for, the office each person voted for, and the total number of votes as of November 30, 2024, for each person was
Councilmember District 2 (4-Year Term)
Votes
Scott Tonnesen 3,974
Councilmember District 4 (4-Year Term) Votes
Pam Bertani 4,315
Joseph “Joe” Martinez 3,939
Joseph Joyce 831
Councilmember District 6 (4-Year Term) Votes
Manveer Sandhu 3,533
Anna Dinh Eaton 3,379
City Clerk (4-Year Term) Votes
Karen L. Rees 34,700
City Treasurer (4-Year Term) Votes
Arvinda Krishnan 34,295
4. A copy of the Certified Statement of Election Results from the Solano County Registrar of Voters containing the number of votes given at each precinct to each person is set forth in Exhibit A to this resolution, which is hereby incorporated by reference as though fully set forth herein.
5. Pursuant to Elections Code Sections 10262, 10263, and 10264, Scott Tonnesen is declared elected City Councilmember for District 2, Pam Bertani is declared elected City
RES. NO. 2024-282
Councilmember for District 4, and Manveer Sandhu is declared elected City Councilmember for District 6, Karen L. Re es is declared the elected City Clerk , Arvinda Krishnan is declared the elected City Treasurer for a four-year term ending in November 2028.
PASSED AND ADOPTED this 17th day of December 2024, by the following vote:
AYES: MEMBERS: MOY / BERTANI / CARR / PANDURO / TONNESEN / VACCARO /WILLIAMS
NOES: MEMBERS:
ABSENT: MEMBERS:
ABSTAIN: MEMBERS:
_________
MAYOR
ATTEST:
____________________________
CITY CLERK
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
President and Vice President - Vote for ONE (1) Party
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
KAMALA D. HARRIS
TIM WALZ
DEM
13,099
46.58%
96,719
62.81%
4,179
53.78%
113,997
60.04%
DONALD J. TRUMP
JD VANCE
REP
14,229
50.60%
52,773
34.27%
3,343
43.02%
70,345
37.05%
ROBERT F. KENNEDY JR.
NICOLE SHANAHAN
AI
330
1.17%
2,000
1.30%
106
1.36%
2,436
1.28%
JILL STEIN
RUDOLPH WARE
GRN
229
0.81%
1,182
0.77%
67 0.86%
1,478
0.78%
CHASE OLIVER
MIKE TER MAAT
LIB
118
0.42%
656
0.43%
27 0.35%
801
0.42%
CLAUDIA DE LA CRUZ
KARINA GARCIA
PF
107
0.38%
623
0.40%
47 0.60%
777
0.41%
PETER SONSKI (W)
9 0.03%
39 0.03%
1 0.01%
49 0.03%
Cast Votes:
28,121
100.00%
153,992
100.00%
7,770
100.00%
189,883
100.00%
Undervotes:
291
2,038
68 2,397
Overvotes:
20 86
11 117
Unresolved write-in votes:
0 0
0 0
4th Congressional District - Vote for ONE (1)
Precincts
Counted
Total
Percent
88 88
100.00%
Voters
Ballots
Registered
Percent
65,272
85,975
75.92%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
MIKE THOMPSON
3,444
33.82%
27,042
53.54%
918
43.63%
31,404
50.01%
JOHN MUNN
6,738
66.18%
23,470
46.46%
1,186
56.37%
31,394
49.99%
Cast Votes:
10,182
100.00%
50,512
100.00%
2,104
100.00%
62,798
100.00%
Undervotes:
378
1,848
241
2,467
Overvotes:
3 4
0 7
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
7th Congressional District - Vote for ONE (1)
Precincts
Counted
Total
Percent
1 1
100.00%
Voters
Ballots
Registered
Percent
47 71
66.20%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
DORIS MATSUI
0 0.00%
28 65.12%
0 0.00%
28 60.87%
TOM SILVA
3 100.00%
15 34.88%
0 0.00%
18 39.13%
Cast Votes:
3 100.00%
43 100.00%
0 0.00%
46 100.00%
Undervotes:
0 1
0 1
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
8th Congressional District - Vote for ONE (1)
Precincts
Counted
Total
Percent
149
149
100.00%
Voters
Ballots
Registered
Percent
127,078
183,464
69.27%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
JOHN GARAMENDI
10,180
59.21%
70,745
70.86%
3,210
64.30%
84,135
68.95%
RUDY RECILE
7,012
40.79%
29,092
29.14%
1,782
35.70%
37,886
31.05%
Cast Votes:
17,192
100.00%
99,837
100.00%
4,992
100.00%
122,021
100.00%
Undervotes:
671
3,859
507
5,037
Overvotes:
3 12
5 20
Unresolved write-in votes:
0 0
0 0
United States Senator - Full-Term - Vote for ONE (1)
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ADAM B. SCHIFF
13,093
47.87%
95,963
63.53%
4,148
57.68%
113,204
60.99%
STEVE GARVEY
14,261
52.13%
55,099
36.47%
3,044
42.32%
72,404
39.01%
Cast Votes:
27,354
100.00%
151,062
100.00%
7,192
100.00%
185,608
100.00%
Undervotes:
1,067
5,017
653
6,737
Overvotes:
11 37
4 52
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
United States Senator - Partial/Unexpired-Term - Vote for ONE (1) Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ADAM B. SCHIFF
12,790
47.66%
94,001
63.17%
3,996
57.12%
110,787
60.66%
STEVE GARVEY
14,048
52.34%
54,798
36.83%
3,000
42.88%
71,846
39.34%
Cast Votes:
26,838
100.00%
148,799
100.00%
6,996
100.00%
182,633
100.00%
Undervotes:
1,582
7,298
848
9,728
Overvotes:
12 19
5 36
Unresolved write-in votes:
0 0
0 0
3rd Senatorial District - Vote for ONE (1)
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
CHRISTOPHER CABALDON
13,080
48.37%
94,748
63.29%
4,130
58.83%
111,958
60.93%
THOM BOGUE
13,961
51.63%
54,954
36.71%
2,890
41.17%
71,805
39.07%
Cast Votes:
27,041
100.00%
149,702
100.00%
7,020
100.00%
183,763
100.00%
Undervotes:
1,388
6,403
826
8,617
Overvotes:
3 11
3 17
Unresolved write-in votes:
0 0
0 0
11th Assembly District - Vote for ONE (1)
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
LORI D WILSON
12,807
47.78%
93,416
62.85%
3,938
57.31%
110,161
60.42%
DAVE ENNIS
13,998
52.22%
55,218
37.15%
2,934
42.69%
72,150
39.58%
Cast Votes:
26,805
100.00%
148,634
100.00%
6,872
100.00%
182,311
100.00%
Undervotes:
1,619
7,465
973
10,057
Overvotes:
8 17
4 29
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Solano County Board of Education Member, Governing Board - Trustee Area 2 - Vote for ONE (1) Precincts
Counted
Total
Percent
56 56
100.00%
Voters
Ballots
Registered
Percent
33,734
43,248
78.00%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
AMY SHARP
2,128
47.62%
10,899
46.43%
300
36.99%
13,327
46.35%
BONNIE HAMILTON
1,494
33.43%
8,220
35.02%
312
38.47%
10,026
34.87%
CAROL J. KALAMARAS
847
18.95%
4,353
18.55%
199
24.54%
5,399
18.78%
Cast Votes:
4,469
100.00%
23,472
100.00%
811
100.00%
28,752
100.00%
Undervotes:
724
3,929
292
4,945
Overvotes:
5 31
1 37
Unresolved write-in votes:
0 0
0 0
Solano Community College Member, Governing Board - Trustee Area 3 - Vote for ONE (1) Precincts
Counted
Total
Percent
28 28
100.00%
Voters
Ballots
Registered
Percent
30,971
41,688
74.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ROSEMARY THURSTON
1,273
40.55%
11,600
56.46%
203
26.78%
13,076
53.50%
SHANNON FRISINGER
976
31.09%
4,986
24.27%
245
32.32%
6,207
25.39%
LILIA DARDON
890
28.35%
3,960
19.27%
310
40.90%
5,160
21.11%
Cast Votes:
3,139
100.00%
20,546
100.00%
758
100.00%
24,443
100.00%
Undervotes:
972
5,248
270
6,490
Overvotes:
3 33
2 38
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Benicia Unified School District Member, Governing Board - Trustee Area 3 - Vote for ONE (1) Precincts
Counted
Total
Percent
4 4
100.00%
Voters
Ballots
Registered
Percent
3,615
4,332
83.45%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
JANNY MANASSE
240
67.04%
1,633
61.67%
20 68.97%
1,893
62.37%
KASHANNA HARMON-LEE
118
32.96%
1,015
38.33%
9 31.03%
1,142
37.63%
Cast Votes:
358
100.00%
2,648
100.00%
29 100.00%
3,035
100.00%
Undervotes:
91 463
24 578
Overvotes:
0 2
0 2
Unresolved write-in votes:
0 0
0 0
Dixon Unified School District Member, Governing Board - Vote for no more than TWO (2) Precincts
Counted
Total
Percent
21 21
100.00%
Voters
Ballots
Registered
Percent
11,028
14,991
73.56%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
REGINA ESPINOZA
669
26.20%
4,025
32.50%
107
26.95%
4,801
31.31%
ROBERT E SANCHEZ JR
529
20.72%
2,962
23.92%
73 18.39%
3,564
23.24%
JIMMY THIESSEN
639
25.03%
2,253
18.19%
114
28.72%
3,006
19.60%
ROBIN ERIKA BECK-RUFFEN
419
16.41%
1,986
16.04%
71 17.88%
2,476
16.15%
MICHAEL CEREMELLO
297
11.63%
1,158
9.35%
32 8.06%
1,487
9.70%
Cast Votes:
2,553
100.00%
12,384
100.00%
397
100.00%
15,334
100.00%
Undervotes:
1,275
5,124
313
6,712
Overvotes:
1 4
0 5
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Fairfield-Suisun Unified School District Member, Governing Board - Trustee Area 1 - Vote for ONE (1) Precincts
Counted
Total
Percent
11 11
100.00%
Voters
Ballots
Registered
Percent
8,592
12,964
66.28%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ALONSO R DUARTE
520
60.19%
3,232
53.55%
198
69.96%
3,950
55.00%
BETHANY SMITH
344
39.81%
2,803
46.45%
85 30.04%
3,232
45.00%
Cast Votes:
864
100.00%
6,035
100.00%
283
100.00%
7,182
100.00%
Undervotes:
191
1,093
122
1,406
Overvotes:
1 2
1 4
Unresolved write-in votes:
0 0
0 0
Fairfield-Suisun Unified School District Member, Governing Board - Trustee Area 2 - Vote for ONE (1) Precincts
Counted
Total
Percent
7 7
100.00%
Voters
Ballots
Registered
Percent
8,213
11,545
71.14%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
HELEN TILLEY
391
38.83%
2,126
38.13%
84 38.53%
2,601
38.24%
AUDREY JACQUES
356
35.35%
2,026
36.33%
64 29.36%
2,446
35.97%
SUZANNE MURPHY
260
25.82%
1,423
25.52%
70 32.11%
1,753
25.78%
QUINTON DOUGLAS CRAWFORD (W)
0 0.00%
1 0.02%
0 0.00%
1 0.01%
Cast Votes:
1,007
100.00%
5,576
100.00%
218
100.00%
6,801
100.00%
Undervotes:
220
1,105
81 1,406
Overvotes:
2 4
0 6
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Fairfield-Suisun Unified School District Member, Governing Board - Trustee Area 3 - Vote for ONE (1) Precincts
Counted
Total
Percent
19 19
100.00%
Voters
Ballots
Registered
Percent
9,227
12,456
74.08%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
BRIGETTE HUNLEY
647
61.04%
3,315
50.11%
139
66.83%
4,101
52.02%
JUDI HONEYCHURCH
413
38.96%
3,300
49.89%
69 33.17%
3,782
47.98%
Cast Votes:
1,060
100.00%
6,615
100.00%
208
100.00%
7,883
100.00%
Undervotes:
186
1,072
86 1,344
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Fairfield-Suisun Unified School District Member, Governing Board - Trustee Area 6 - Vote for ONE (1) Precincts
Counted
Total
Percent
14 14
100.00%
Voters
Ballots
Registered
Percent
10,160
13,918
73.00%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ANA PETERO
583
49.12%
4,401
59.85%
108
46.35%
5,092
58.04%
SHAWN SMITH
604
50.88%
2,952
40.15%
125
53.65%
3,681
41.96%
Cast Votes:
1,187
100.00%
7,353
100.00%
233
100.00%
8,773
100.00%
Undervotes:
187
1,115
82 1,384
Overvotes:
0 3
0 3
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Fairfield-Suisun Unified School District Member, Governing Board - Trustee Area 7 (Short-Term) - Vote for ONE (1) Precincts
Counted
Total
Percent
12 12
100.00%
Voters
Ballots
Registered
Percent
9,366
13,386
69.97%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NIKKI PARR
372
38.04%
2,501
36.66%
90 32.97%
2,963
36.70%
STEVE QUINLAN
320
32.72%
1,799
26.37%
109
39.93%
2,228
27.59%
KAI EUSEBIO
188
19.22%
1,533
22.47%
55 20.15%
1,776
22.00%
PERRY W. POLK
98 10.02%
990
14.51%
19 6.96%
1,107
13.71%
Cast Votes:
978
100.00%
6,823
100.00%
273
100.00%
8,074
100.00%
Undervotes:
169
1,026
88 1,283
Overvotes:
0 9
0 9
Unresolved write-in votes:
0 0
0 0
River Delta Unified School District Member, Governing Board - Trustee Area 4 - Vote for ONE (1) Precincts
Counted
Total
Percent
3 3
100.00%
Voters
Ballots
Registered
Percent
2,158
2,532
85.23%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
SUZANNE WILSON
65 47.45%
957
57.82%
5 29.41%
1,027
56.77%
JORDAN DAVIS
72 52.55%
698
42.18%
12 70.59%
782
43.23%
Cast Votes:
137
100.00%
1,655
100.00%
17 100.00%
1,809
100.00%
Undervotes:
33 308
7 348
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Vacaville Unified School District Member, Governing Board - Trustee Area 4 - Vote for ONE (1) Precincts
Counted
Total
Percent
11 11
100.00%
Voters
Ballots
Registered
Percent
6,140
7,921
77.52%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
AUDRA ORR
548
62.63%
2,316
56.41%
112
58.95%
2,976
57.55%
LINDSAY KELLY
327
37.37%
1,790
43.59%
78 41.05%
2,195
42.45%
Cast Votes:
875
100.00%
4,106
100.00%
190
100.00%
5,171
100.00%
Undervotes:
141
752
75 968
Overvotes:
1 0
0 1
Unresolved write-in votes:
0 0
0 0
Vacaville Unified School District Member, Governing Board - Trustee Area 7 - Vote for ONE (1) Precincts
Counted
Total
Percent
11 11
100.00%
Voters
Ballots
Registered
Percent
6,698
8,428
79.47%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
MICHELE GUERRA
426
41.36%
1,618
35.45%
76 55.47%
2,120
36.99%
MICHAEL KITZES
217
21.07%
1,711
37.49%
22 16.06%
1,950
34.03%
GEORGE BURTON, JR.
387
37.57%
1,235
27.06%
39 28.47%
1,661
28.98%
Cast Votes:
1,030
100.00%
4,564
100.00%
137
100.00%
5,731
100.00%
Undervotes:
181
736
48 965
Overvotes:
0 2
0 2
Unresolved write-in votes:
0 0
0 0
Mayor, City of Benicia - Vote for ONE (1)
Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
STEVE YOUNG
1,075
51.56%
8,791
68.18%
134
46.53%
10,000
65.51%
KEVIN PATRICK KIRBY
1,010
48.44%
4,102
31.82%
154
53.47%
5,266
34.49%
Cast Votes:
2,085
100.00%
12,893
100.00%
288
100.00%
15,266
100.00%
Undervotes:
223
1,082
79 1,384
Overvotes:
1 1
0 2
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Member, City Council, City of Benicia - Vote for no more than TWO (2) Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
TREVOR MACENSKI
957
29.51%
7,238
33.38%
130
31.33%
8,325
32.85%
LIONEL LARGAESPADA
1,192
36.76%
6,630
30.57%
148
35.66%
7,970
31.45%
CHRISTINA GILPIN-HAYES
717
22.11%
5,861
27.03%
94 22.65%
6,672
26.33%
FRANZ ROSENTHAL
377
11.63%
1,957
9.02%
43 10.36%
2,377
9.38%
Cast Votes:
3,243
100.00%
21,686
100.00%
415
100.00%
25,344
100.00%
Undervotes:
1,371
6,258
319
7,948
Overvotes:
2 4
0 6
Unresolved write-in votes:
0 0
0 0
City Clerk, City of Benicia - Vote for ONE (1)
Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
LISA WOLFE
1,592
100.00%
10,570
100.00%
236
100.00%
12,398
100.00%
Cast Votes:
1,592
100.00%
10,570
100.00%
236
100.00%
12,398
100.00%
Undervotes:
716
3,401
131
4,248
Overvotes:
1 5
0 6
Unresolved write-in votes:
0 0
0 0
City Treasurer, City of Benicia - Vote for ONE (1)
Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
KEN PAULK
1,595
100.00%
10,531
100.00%
231
100.00%
12,357
100.00%
Cast Votes:
1,595
100.00%
10,531
100.00%
231
100.00%
12,357
100.00%
Undervotes:
714
3,444
136
4,294
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Mayor, City of Dixon - Vote for ONE (1)
Precincts
Counted
Total
Percent
12 12
100.00%
Voters
Ballots
Registered
Percent
9,756
13,278
73.47%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
STEVEN C. BIRD
944
58.74%
4,105
58.26%
162
66.94%
5,211
58.58%
JAMES P. WARD JR.
663
41.26%
2,941
41.74%
80 33.06%
3,684
41.42%
Cast Votes:
1,607
100.00%
7,046
100.00%
242
100.00%
8,895
100.00%
Undervotes:
158
635
63 856
Overvotes:
1 4
0 5
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 3, City of Dixon - Vote for ONE (1) Precincts
Counted
Total
Percent
3 3
100.00%
Voters
Ballots
Registered
Percent
2,763
3,689
74.90%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
KEVIN M. JOHNSON
333
100.00%
1,645
100.00%
56 100.00%
2,034
100.00%
Cast Votes:
333
100.00%
1,645
100.00%
56 100.00%
2,034
100.00%
Undervotes:
132
562
35 729
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 4, City of Dixon - Vote for ONE (1) Precincts
Counted
Total
Percent
4 4
100.00%
Voters
Ballots
Registered
Percent
3,095
4,121
75.10%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
DON HENDERSHOT
387
100.00%
1,821
100.00%
69 100.00%
2,277
100.00%
Cast Votes:
387
100.00%
1,821
100.00%
69 100.00%
2,277
100.00%
Undervotes:
171
622
24 817
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
City Treasurer, City of Dixon - Vote for ONE (1)
Precincts
Counted
Total
Percent
12 12
100.00%
Voters
Ballots
Registered
Percent
9,756
13,278
73.47%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
SIMON A. LEBLEU
1,227
100.00%
5,563
100.00%
198
100.00%
6,988
100.00%
Cast Votes:
1,227
100.00%
5,563
100.00%
198
100.00%
6,988
100.00%
Undervotes:
539
2,122
107
2,768
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 2, City of Fairfield - Vote for ONE (1) Precincts
Counted
Total
Percent
7 7
100.00%
Voters
Ballots
Registered
Percent
5,336
8,797
60.66%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
SCOTT TONNESEN
581
100.00%
3,188
100.00%
205
100.00%
3,974
100.00%
Cast Votes:
581
100.00%
3,188
100.00%
205
100.00%
3,974
100.00%
Undervotes:
206
1,032
121
1,359
Overvotes:
1 2
0 3
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 4, City of Fairfield - Vote for ONE (1) Precincts
Counted
Total
Percent
10 10
100.00%
Voters
Ballots
Registered
Percent
10,172
13,594
74.83%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
PAM BERTANI
532
43.15%
3,693
48.13%
90 50.28%
4,315
47.50%
JOSEPH "JOE" MARTINEZ
556
45.09%
3,306
43.09%
77 43.02%
3,939
43.36%
JOSEPH JOYCE
145
11.76%
674
8.78%
12 6.70%
831
9.15%
Cast Votes:
1,233
100.00%
7,673
100.00%
179
100.00%
9,085
100.00%
Undervotes:
146
864
74 1,084
Overvotes:
2 1
0 3
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Member, City Council, District 6, City of Fairfield - Vote for ONE (1) Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
7,890
11,483
68.71%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
MANVEER SANDHU
437
48.50%
2,957
51.71%
139
47.44%
3,533
51.11%
ANNA DINH EATON
464
51.50%
2,761
48.29%
154
52.56%
3,379
48.89%
Cast Votes:
901
100.00%
5,718
100.00%
293
100.00%
6,912
100.00%
Undervotes:
149
712
116
977
Overvotes:
1 0
0 1
Unresolved write-in votes:
0 0
0 0
City Clerk, City of Fairfield - Vote for ONE (1)
Precincts
Counted
Total
Percent
50 50
100.00%
Voters
Ballots
Registered
Percent
46,441
67,282
69.02%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
KAREN L. REES
4,750
100.00%
28,634
100.00%
1,316
100.00%
34,700
100.00%
Cast Votes:
4,750
100.00%
28,634
100.00%
1,316
100.00%
34,700
100.00%
Undervotes:
1,809
9,293
614
11,716
Overvotes:
4 21
0 25
Unresolved write-in votes:
0 0
0 0
City Treasurer, City of Fairfield - Vote for ONE (1)
Precincts
Counted
Total
Percent
50 50
100.00%
Voters
Ballots
Registered
Percent
46,441
67,282
69.02%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ARVINDA KRISHNAN
4,673
100.00%
28,350
100.00%
1,272
100.00%
34,295
100.00%
Cast Votes:
4,673
100.00%
28,350
100.00%
1,272
100.00%
34,295
100.00%
Undervotes:
1,889
9,595
657
12,141
Overvotes:
1 3
1 5
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Mayor, City of Rio Vista - Vote for ONE (1)
Precincts
Counted
Total
Percent
3 3
100.00%
Voters
Ballots
Registered
Percent
6,724
7,990
84.16%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
EDWIN A. OKAMURA
440
59.46%
3,776
68.84%
62 68.89%
4,278
67.74%
JOHN LOMPA
300
40.54%
1,709
31.16%
28 31.11%
2,037
32.26%
Cast Votes:
740
100.00%
5,485
100.00%
90 100.00%
6,315
100.00%
Undervotes:
48 347
12 407
Overvotes:
0 2
0 2
Unresolved write-in votes:
0 0
0 0
Member, City Council, City of Rio Vista - Vote for no more than TWO (2) Precincts
Counted
Total
Percent
3 3
100.00%
Voters
Ballots
Registered
Percent
6,724
7,990
84.16%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
SARAH DONNELLY
459
56.32%
3,980
56.08%
58 63.04%
4,497
56.18%
WALT STANISH
356
43.68%
3,117
43.92%
34 36.96%
3,507
43.82%
Cast Votes:
815
100.00%
7,097
100.00%
92 100.00%
8,004
100.00%
Undervotes:
761
4,571
112
5,444
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Member, City Council, City of Suisun City - Vote for no more than TWO (2) Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
11,378
17,382
65.46%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
AMIT PAL
534
31.71%
4,484
35.98%
134
23.22%
5,152
35.00%
PARISE SHEPHERD
508
30.17%
3,580
28.73%
231
40.03%
4,319
29.34%
THOMAS KAMIN
323
19.18%
2,230
17.90%
101
17.50%
2,654
18.03%
MARLON L OSUM
319
18.94%
2,167
17.39%
111
19.24%
2,597
17.64%
Cast Votes:
1,684
100.00%
12,461
100.00%
577
100.00%
14,722
100.00%
Undervotes:
1,154
6,285
575
8,014
Overvotes:
0 8
2 10
Unresolved write-in votes:
0 0
0 0
City Clerk, City of Suisun City - Vote for ONE (1)
Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
11,378
17,382
65.46%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ANITA SKINNER
990
100.00%
7,223
100.00%
376
100.00%
8,589
100.00%
Cast Votes:
990
100.00%
7,223
100.00%
376
100.00%
8,589
100.00%
Undervotes:
428
2,156
200
2,784
Overvotes:
1 2
2 5
Unresolved write-in votes:
0 0
0 0
City Treasurer, City of Suisun City - Vote for ONE (1)
Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
11,378
17,382
65.46%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
VINAY TEWARI
1,009
100.00%
7,229
100.00%
379
100.00%
8,617
100.00%
Cast Votes:
1,009
100.00%
7,229
100.00%
379
100.00%
8,617
100.00%
Undervotes:
409
2,148
197
2,754
Overvotes:
1 4
2 7
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Member, City Council, District 1, City of Vacaville - Vote for ONE (1) Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
8,234
10,540
78.12%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ROY STOCKTON
989
100.00%
4,698
100.00%
223
100.00%
5,910
100.00%
Cast Votes:
989
100.00%
4,698
100.00%
223
100.00%
5,910
100.00%
Undervotes:
386
1,816
121
2,323
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 3, City of Vacaville - Vote for ONE (1) Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
5,009
7,325
68.38%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
MICHAEL "MIKE" SILVA
519
69.29%
2,499
75.64%
172
73.50%
3,190
74.41%
MARC REED
230
30.71%
805
24.36%
62 26.50%
1,097
25.59%
Cast Votes:
749
100.00%
3,304
100.00%
234
100.00%
4,287
100.00%
Undervotes:
118
519
85 722
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 5, City of Vacaville - Vote for ONE (1) Precincts
Counted
Total
Percent
10 10
100.00%
Voters
Ballots
Registered
Percent
7,988
10,243
77.98%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
TED FREMOUW
827
66.37%
2,978
53.77%
107
52.97%
3,912
56.00%
JASON ROBERTS
419
33.63%
2,560
46.23%
95 47.03%
3,074
44.00%
Cast Votes:
1,246
100.00%
5,538
100.00%
202
100.00%
6,986
100.00%
Undervotes:
191
743
66 1,000
Overvotes:
0 2
0 2
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
City Clerk, City of Vacaville - Vote for ONE (1)
Precincts
Counted
Total
Percent
46 46
100.00%
Voters
Ballots
Registered
Percent
45,290
60,309
75.10%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
MICHELLE THORNBRUGH
5,249
100.00%
26,471
100.00%
1,233
100.00%
32,953
100.00%
Cast Votes:
5,249
100.00%
26,471
100.00%
1,233
100.00%
32,953
100.00%
Undervotes:
2,248
9,446
623
12,317
Overvotes:
5 13
2 20
Unresolved write-in votes:
0 0
0 0
City Treasurer, City of Vacaville - Vote for ONE (1)
Precincts
Counted
Total
Percent
46 46
100.00%
Voters
Ballots
Registered
Percent
45,290
60,309
75.10%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
JAY A. YERKES
5,227
100.00%
26,268
100.00%
1,222
100.00%
32,717
100.00%
Cast Votes:
5,227
100.00%
26,268
100.00%
1,222
100.00%
32,717
100.00%
Undervotes:
2,273
9,660
635
12,568
Overvotes:
2 2
1 5
Unresolved write-in votes:
0 0
0 0
Mayor, City of Vallejo - Vote for ONE (1)
Precincts
Counted
Total
Percent
37 37
100.00%
Voters
Ballots
Registered
Percent
46,673
70,579
66.13%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ANDREA SORCE
2,058
32.54%
13,973
40.11%
612
29.85%
16,643
38.51%
PIPPIN DEW
2,279
36.03%
13,328
38.26%
669
32.63%
16,276
37.67%
DWIGHT L. MONROE JR
1,519
24.02%
5,218
14.98%
613
29.90%
7,350
17.01%
RAVI C. SHANKAR
469
7.42%
2,318
6.65%
156
7.61%
2,943
6.81%
Cast Votes:
6,325
100.00%
34,837
100.00%
2,050
100.00%
43,212
100.00%
Undervotes:
538
2,541
362
3,441
Overvotes:
3 16
1 20
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Member, City Council, District 1, City of Vallejo - Vote for ONE (1) Precincts
Counted
Total
Percent
6 6
100.00%
Voters
Ballots
Registered
Percent
9,258
13,084
70.76%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
ALEXANDER MATIAS
440
42.64%
3,623
52.64%
101
38.70%
4,164
50.94%
CARL A. BONNER
321
31.10%
1,946
28.28%
70 26.82%
2,337
28.59%
BRENDA PLECHATY
271
26.26%
1,313
19.08%
90 34.48%
1,674
20.48%
Cast Votes:
1,032
100.00%
6,882
100.00%
261
100.00%
8,175
100.00%
Undervotes:
175
830
72 1,077
Overvotes:
0 6
0 6
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 3, City of Vallejo - Vote for ONE (1) Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
9,706
13,490
71.95%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
TONIA LEDIJU
895
100.00%
5,726
100.00%
195
100.00%
6,816
100.00%
Cast Votes:
895
100.00%
5,726
100.00%
195
100.00%
6,816
100.00%
Undervotes:
471
2,302
115
2,888
Overvotes:
1 0
1 2
Unresolved write-in votes:
0 0
0 0
Member, City Council, District 6, City of Vallejo - Vote for ONE (1) Precincts
Counted
Total
Percent
7 7
100.00%
Voters
Ballots
Registered
Percent
6,787
10,826
62.69%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
HELEN-MARIE "COOKIE" GORDON
630
60.29%
2,223
50.17%
245
72.06%
3,098
53.27%
CRISTINA ARRIOLA
415
39.71%
2,208
49.83%
95 27.94%
2,718
46.73%
Cast Votes:
1,045
100.00%
4,431
100.00%
340
100.00%
5,816
100.00%
Undervotes:
176
681
113
970
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Rural North Vacaville Water District, Director - Vote for no more than TWO (2) Precincts
Counted
Total
Percent
4 4
100.00%
Voters
Ballots
Registered
Percent
640
732
87.43%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
JAMES R MILES
46 42.20%
253
38.74%
5 35.71%
304
39.18%
GARY K HENSLEY
31 28.44%
227
34.76%
3 21.43%
261
33.63%
ROBERT E KANE
32 29.36%
173
26.49%
6 42.86%
211
27.19%
Cast Votes:
109
100.00%
653
100.00%
14 100.00%
776
100.00%
Undervotes:
87 397
20 504
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Solano Irrigation District, Director, Division 2 - Vote for ONE (1) Precincts
Counted
Total
Percent
54 54
100.00%
Voters
Ballots
Registered
Percent
19,968
28,266
70.64%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
WILLIAM D BRAZELTON
927
41.53%
5,461
39.64%
227
36.91%
6,615
39.80%
CHARLES A. HERICH
511
22.89%
5,050
36.66%
107
17.40%
5,668
34.10%
LANCE A PORTER
794
35.57%
3,264
23.70%
281
45.69%
4,339
26.10%
Cast Votes:
2,232
100.00%
13,775
100.00%
615
100.00%
16,622
100.00%
Undervotes:
474
2,603
230
3,307
Overvotes:
5 32
2 39
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
STATE PROPOSITION 2
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
14,932
55.39%
90,713
60.85%
5,141
72.83%
110,786
60.51%
NO
12,025
44.61%
58,364
39.15%
1,918
27.17%
72,307
39.49%
Cast Votes:
26,957
100.00%
149,077
100.00%
7,059
100.00%
183,093
100.00%
Undervotes:
1,460
7,016
788
9,264
Overvotes:
15 23
2 40
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 3
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
13,859
51.58%
93,532
62.95%
4,336
61.25%
111,727
61.21%
NO
13,010
48.42%
55,047
37.05%
2,743
38.75%
70,800
38.79%
Cast Votes:
26,869
100.00%
148,579
100.00%
7,079
100.00%
182,527
100.00%
Undervotes:
1,537
7,497
769
9,803
Overvotes:
26 40
1 67
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 4
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
14,695
54.56%
91,435
61.22%
5,190
74.11%
111,320
60.73%
NO
12,238
45.44%
57,928
38.78%
1,813
25.89%
71,979
39.27%
Cast Votes:
26,933
100.00%
149,363
100.00%
7,003
100.00%
183,299
100.00%
Undervotes:
1,459
6,644
841
8,944
Overvotes:
19 17
2 38
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
STATE PROPOSITION 5
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NO
15,694
58.59%
80,978
54.63%
2,609
37.12%
99,281
54.54%
YES
11,092
41.41%
67,241
45.37%
4,420
62.88%
82,753
45.46%
Cast Votes:
26,786
100.00%
148,219
100.00%
7,029
100.00%
182,034
100.00%
Undervotes:
1,567
7,329
801
9,697
Overvotes:
28 24
1 53
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 6
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NO
15,923
60.18%
76,909
52.37%
3,347
48.52%
96,179
53.37%
YES
10,538
39.82%
69,952
47.63%
3,551
51.48%
84,041
46.63%
Cast Votes:
26,461
100.00%
146,861
100.00%
6,898
100.00%
180,220
100.00%
Undervotes:
1,888
8,677
931
11,496
Overvotes:
32 34
2 68
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 32
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
12,720
46.78%
78,921
52.72%
4,745
65.75%
96,386
52.36%
NO
14,471
53.22%
70,770
47.28%
2,472
34.25%
87,713
47.64%
Cast Votes:
27,191
100.00%
149,691
100.00%
7,217
100.00%
184,099
100.00%
Undervotes:
1,173
5,861
612
7,646
Overvotes:
17 20
2 39
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
STATE PROPOSITION 33
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NO
16,649
62.11%
86,740
58.68%
2,967
42.45%
106,356
58.56%
YES
10,156
37.89%
61,090
41.32%
4,022
57.55%
75,268
41.44%
Cast Votes:
26,805
100.00%
147,830
100.00%
6,989
100.00%
181,624
100.00%
Undervotes:
1,552
7,696
836
10,084
Overvotes:
24 46
6 76
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 34
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
13,376
51.54%
72,327
50.42%
3,824
56.95%
89,527
50.83%
NO
12,578
48.46%
71,134
49.58%
2,891
43.05%
86,603
49.17%
Cast Votes:
25,954
100.00%
143,461
100.00%
6,715
100.00%
176,130
100.00%
Undervotes:
2,392
12,070
1,114
15,576
Overvotes:
35 41
2 78
Unresolved write-in votes:
0 0
0 0
STATE PROPOSITION 35
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
17,413
65.60%
109,830
74.53%
5,363
77.25%
132,606
73.33%
NO
9,133
34.40%
37,524
25.47%
1,579
22.75%
48,236
26.67%
Cast Votes:
26,546
100.00%
147,354
100.00%
6,942
100.00%
180,842
100.00%
Undervotes:
1,811
8,186
885
10,882
Overvotes:
24 32
4 60
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
STATE PROPOSITION 36
Precincts
Counted
Total
Percent
238
238
100.00%
Voters
Ballots
Registered
Percent
192,397
269,510
71.39%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
19,102
71.49%
103,946
70.30%
4,316
62.06%
127,364
70.16%
NO
7,618
28.51%
43,924
29.70%
2,639
37.94%
54,181
29.84%
Cast Votes:
26,720
100.00%
147,870
100.00%
6,955
100.00%
181,545
100.00%
Undervotes:
1,631
7,669
873
10,173
Overvotes:
30 33
3 66
Unresolved write-in votes:
0 0
0 0
Measure E - Vacaville Unified School District Bond Measure Precincts
Counted
Total
Percent
60 60
100.00%
Voters
Ballots
Registered
Percent
40,772
53,953
75.57%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
BONDS - NO
3,502
54.62%
15,022
49.77%
510
37.06%
19,034
50.13%
BONDS - YES
2,909
45.38%
15,161
50.23%
866
62.94%
18,936
49.87%
Cast Votes:
6,411
100.00%
30,183
100.00%
1,376
100.00%
37,970
100.00%
Undervotes:
462
1,923
261
2,646
Overvotes:
6 4
0 10
Unresolved write-in votes:
0 0
0 0
Measure R - Travis Unified School District Bond Measure Precincts
Counted
Total
Percent
14 14
100.00%
Voters
Ballots
Registered
Percent
12,668
17,333
73.09%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
BONDS - YES
1,057
59.42%
5,805
60.20%
342
77.20%
7,204
60.72%
BONDS - NO
722
40.58%
3,838
39.80%
101
22.80%
4,661
39.28%
Cast Votes:
1,779
100.00%
9,643
100.00%
443
100.00%
11,865
100.00%
Undervotes:
121
534
105
760
Overvotes:
1 1
0 2
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Measure F - City of Benicia Citizens' Initiative - Special Sales Tax for Streets Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
1,097
50.79%
8,360
62.70%
159
53.36%
9,616
60.90%
NO
1,063
49.21%
4,973
37.30%
139
46.64%
6,175
39.10%
Cast Votes:
2,160
100.00%
13,333
100.00%
298
100.00%
15,791
100.00%
Undervotes:
135
600
70 805
Overvotes:
0 2
0 2
Unresolved write-in votes:
0 0
0 0
Measure G - City of Benicia City Charter to Invest in Benicia's Future, Part 1 Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NO
1,248
59.32%
6,935
52.86%
138
47.59%
8,321
53.64%
YES
856
40.68%
6,185
47.14%
152
52.41%
7,193
46.36%
Cast Votes:
2,104
100.00%
13,120
100.00%
290
100.00%
15,514
100.00%
Undervotes:
191
814
78 1,083
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Measure H - City of Benicia Real Property Transfer Tax to Invest in Benicia's Future, Part 2 Precincts
Counted
Total
Percent
8 8
100.00%
Voters
Ballots
Registered
Percent
16,652
20,236
82.29%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
NO
1,376
65.09%
7,601
57.83%
176
60.48%
9,153
58.87%
YES
738
34.91%
5,542
42.17%
115
39.52%
6,395
41.13%
Cast Votes:
2,114
100.00%
13,143
100.00%
291
100.00%
15,548
100.00%
Undervotes:
180
790
77 1,047
Overvotes:
1 2
0 3
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Measure J - City of Dixon - Sales Tax Measure
Precincts
Counted
Total
Percent
12 12
100.00%
Voters
Ballots
Registered
Percent
9,756
13,278
73.47%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
867
52.26%
4,102
56.04%
175
69.44%
5,144
55.73%
NO
792
47.74%
3,218
43.96%
77 30.56%
4,087
44.27%
Cast Votes:
1,659
100.00%
7,320
100.00%
252
100.00%
9,231
100.00%
Undervotes:
105
346
51 502
Overvotes:
0 1
0 1
Unresolved write-in votes:
0 0
0 0
Measure K - City of Rio Vista Sales Tax Measure
Precincts
Counted
Total
Percent
3 3
100.00%
Voters
Ballots
Registered
Percent
6,724
7,990
84.16%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
354
47.77%
3,658
65.23%
48 55.17%
4,060
63.08%
NO
387
52.23%
1,950
34.77%
39 44.83%
2,376
36.92%
Cast Votes:
741
100.00%
5,608
100.00%
87 100.00%
6,436
100.00%
Undervotes:
47 212
14 273
Overvotes:
0 0
0 0
Unresolved write-in votes:
0 0
0 0
Measure L - Fairfield Business License Modernization and Simplification Precincts
Counted
Total
Percent
50 50
100.00%
Voters
Ballots
Registered
Percent
46,441
67,282
69.02%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
3,915
65.91%
25,178
71.86%
1,211
77.98%
30,304
71.25%
NO
2,025
34.09%
9,860
28.14%
342
22.02%
12,227
28.75%
Cast Votes:
5,940
100.00%
35,038
100.00%
1,553
100.00%
42,531
100.00%
Undervotes:
605
2,763
374
3,742
Overvotes:
12 10
0 22
Unresolved write-in votes:
0 0
0 0
Cumulative Results Report
Official Results
Run Time
Run Date
9:28 AM
12/03/2024
Solano County, CA
General Election - November 5, 2024
11/5/2024
Official Results
Registered Voters
192397 of 269510 = 71.39%
Precincts Reporting
238 of 238 = 100.00%
Measure M - Fairfield Transient Occupancy Tax (TOT)
Precincts
Counted
Total
Percent
50 50
100.00%
Voters
Ballots
Registered
Percent
46,441
67,282
69.02%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
3,694
61.83%
24,539
69.72%
1,079
69.79%
29,312
68.62%
NO
2,280
38.17%
10,659
30.28%
467
30.21%
13,406
31.38%
Cast Votes:
5,974
100.00%
35,198
100.00%
1,546
100.00%
42,718
100.00%
Undervotes:
580
2,611
381
3,572
Overvotes:
3 2
0 5
Unresolved write-in votes:
0 0
0 0
Measure S - Suisun City Essential Services/ Public Safety Protection Precincts
Counted
Total
Percent
9 9
100.00%
Voters
Ballots
Registered
Percent
11,378
17,382
65.46%
Choice
Party
Election Day Voting
Vote by Mail
Provisional
Total
YES
941
70.70%
6,395
72.06%
380
77.08%
7,716
72.12%
NO
390
29.30%
2,480
27.94%
113
22.92%
2,983
27.88%
Cast Votes:
1,331
100.00%
8,875
100.00%
493
100.00%
10,699
100.00%
Undervotes:
82 474
82 638
Overvotes:
0 0
1 1
Unresolved write-in votes:
0 0
0 0
*** End of report ***
Agenda Item No: S.1
AGENDA REPORT
DATE: December 17, 2024
TO: Fairfield Housing Authority Chair and Commissioners
FROM: David Gassaway, Executive Director
SUBJECT: Resolution HA 2024-05
Approving the Update of the Administrative Plan for the Fairfield Housing Choice Voucher Program for the Calendar Year 2025
Funding Source: N/A
Contact: Tanya Tran, (707) 428-7391
RECOMMENDED ACTION
Hold public hearing and adopt resolution.
STATEMENT OF ISSUE
The U.S. Department of Housing and Urban Development (HUD) requires the Fairfield Housing Authority (FHA) to create, update, and maintain an Administrative Plan that reflects the local policies and practices of the Fairfield Housing Authority. HUD also requires the FHA hold a minimum of on e (1) public hearing prior to the approval of any updates in the Administrative Plan.
DISCUSSION
The Administrative Plan is a plan that informs HUD, program participants, landlords, and the public of policies and procedures that FHA utilizes to serve the needs of low-income families that are elderly, disabled, homeless or at risk of homelessness. Updates to this year’s Administrative Plan include HUD’s guidance from the Housing Opportunity Through Moderation Act of 2016 (HOTMA). A few of the primary modifications to the program includes the following: 1) restriction on the eligibility of a family to receive assistance if the family has assets in excess of $100,000 2) FHA will not process interim changes when the changes are from increases in earned (wage) income; FHA will process an interim change if there is an increase of 10% or more of the adjusted annual income from unearned income; FHA will process an interim change if there is a decrease of 10% or more of any income change 3) the mandatory annual deduc tions for elderly/disabled families increased from $400 to $525 4) the threshold for deductions of unreimbursed medical
expenses increased from 3% to 10% of annual income 5) FHA will deny admission to applicants or terminate assistance of participants if any family member fails to sign consent forms or revokes their consent for the PHA to collect required verifications 6) Voucher size changed from 1 bedroom per 2 persons to 1 bedroom for the head-of-household and/or spouse and 1 bedroom per additional 2 persons. These changes will increase program efficiencies.
FINANCIAL IMPACT
There is no cost to approving the Housing Choice Voucher Program Administrative Plan.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
The Fairfield Housing Authority Administrative Plan was made available to the public for 45 days for review and comment in accordance with HUD noticing requirements at the following locations:
1. City of Fairfield City Hall, 1000 Webster Ave. 1st Floor, Fairfield, CA 94533
2. Fairfield Housing Authority, 823 Jefferson St B, Fairfield, CA 94533
3. Fairfield Civic Center Library, 1150 Kentucky St.
4. Fairfield City Clerk’s office, 1000 Webster St., 4th Floor
ALTERNATIVE ACTION
The Fairfield Housing Authority may choose not to update the Administrative Plan. However, this action may lead to FHA conducting Housing Authority business using an outdated Administrative Plan, which is out of compliance with HUD regulations.
COORDINATED WITH
N/A
STAFF CONTACT
Tanya Tran, Housing Division Manager
(707) 428-7391
[email protected]
ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Summary of Charges
Attachment 4: Proposed Admin Plan 2025
FAIRFIELD HOUSING AUTHORITY
RESOLUTION NO. HA2024-05
APPROVING THE UPDATE OF THE ADMINISTRATIVE PLAN FOR THE FAIRFIELD HOUSING CHOICE VOUCHER PROGRAM FOR CALENDAR YEAR 2025
WHEREAS, the Fairfield Housing Authority (FHA) periodically makes changes to the Administrative Plan for the Fairfield Housing Choice Voucher Program to reflect current policies and practices that improve services, provide clear guidance to FHA staff and community partners, and enhance the commitment to the clients served by the Housing Choice Voucher Program; and
WHEREAS, the FHA must execute an approved Administrative Plan for the Fairfield Housing Choice Voucher Program to receive rental assistance funding from the U.S. Department o f Housing and Urban Development; and
WHEREAS, the F HA conducted a public comment period on the proposed updates to the Administrative Plan for the Fairfield Housing Choice Voucher Program from November 2, 2024, through December 17, 2024; and
WHEREAS, the Commissioners for the F HA have reviewed the Agenda Report dated December 17, 2024, and the updated Administrative Plan for the Fairfield Housing Choice Voucher Program and find it in the interest of the public health, safety, and welfare to authorize the revisions to the Administrative Plan for the Fairfield Housing Choice Voucher Program.
NOW, THEREFORE, THE FAIRFIELD HOUSING AUTHORITY HEREBY RESOLVES:
Section 1. The revisions to the Administrative Plan for the Fairfield Housing Choice Voucher Program, as attached hereto, are hereby approved.
Section 2. The executive director or his assigned is hereby authorized and directed to conduct all appropriate and necessary activities to submit the approved Administrative Plan for the Fairfield Housing Choice Voucher Program to the U.S. Department of Housing and Urban Development.
RES. NO. HA2024-05
PASSED AND ADOPTED this 17th day of December 2024, by the following vote:
AYES: COMMISSIONERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: COMMISSIONERS: _________________________________________________ ABSENT: COMMISSIONERS: _________________________________________________ ABSTAIN: COMMISSIONERS: _________________________________________________
_________________________________________________
CHAIR
ATTEST:
___________________________
SECRETARY
1 PROPOSED HCV SUMMARY OF CHANGES
-2025 ADMINISTRATIVE PLAN-
Effective January 1, 2025, the Final Rule implanting Section 102, 103, and 104 of the Housing Opportunity Through Modernization Act (HOTMA) of 2016 takes into effect and the updates in the Housing Choice V oucher (HCV) Administrative Plan meet these HUD requirements to update the Administrative Plan with regulation changes.
Additional information can be found on the HUD website at https://www.hud.gov/program_offices/housing/mfh/hotma#:~:text=Background,to%20income%20calcul ation%20and%20reviews
CHAPTER 1
OVERVIEW OF THE PROGRAM AND PLAN
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 Agency Plan, and a copy provided to HUD.
PHA Policy
The PHA will review and update the plan as needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.
The PHA shall implement policies compliant with HUD’s final Housing Opportunity Through Modernization Act (HOTMA) upon direction from HUD and access to the revised HUD-50058 in the Housing Information Portal (HIP). Until such time as the HOTMA polices can be implemented, the PHA shall continue to apply pre-HOTMA polices as outlined in the PHA Administrative Plan.
2 CHAPTER 3
ELIGIBILITY
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); FR Notice 02/03/12; Notice PIH 2014-20] The terms family and household have different meanings in the HCV program.
Family [24 CFR 5.403]
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 actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person. 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; 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 The definition of family also includes a group of persons residing together. 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, or the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.
Foster adults/children are not considered family members and must not be included in calculations of income for eligibility and rent determination. [24 CFR 5.603] 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. Foster adults/children are not considered family members and are not included in calculations of income for eligibility and rent determination. They are, however, considered household members and must be included when determining unit size or subsidy standards. [24 CFR 5.603] Household members do not qualify for expenses or deductions, except that reasonable unreimbursed child care expenses may be deducted for foster children under the age of 13 if it enables a member of the family to work, look for work, or go to school. (See chapter 6-II.F.) 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.
3 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.”
PHA Policy
PHA-approved spouse/partner or co-head will “inherit” the voucher in the event of the death of the head of household if the spouse/partner has been part of the assisted family for the past 12 months or has been part of the family throughout the term of assistance.
If the head of household passes away and there is no spouse/partner/co-head, an approved adult family member may retain the voucher if the family member has been a part of the assisted family for the past 12 months or has continually been part of the family throughout the term of assistance.
The head of household, spouse, and/or partner cannot “give” the voucher to someone who has not been a member of the tenant family for the past 12 months or throughout the term of assistance. 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 an FTS is treated differently from the income of other family members. Foster children or adults are not family members and do not qualify for the full-time student allowance.
PHA Policy
The time commitment or subject load that is needed to be full-time is defined by the educational institution. If the student is enrolled at two or more institutions of higher education, the student will be considered full time if they are enrolled in the equivalent of a total of 12 units at a community college.
3-I.K. FOSTER CHILDREN AND FOSTER ADULTS
A foster adults are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone 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 judgement, decree, or other order of any court of competent jurisdiction [24 CFR 5.603].
The termA foster child is not specifically defined by the regulations placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgement, decree, or other order of any court of competent jurisdiction [24 CFR 5.603].
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 considered household members but not family members. 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].
4 CHAPTER 5
BRIEFINGS AND VOUCHER ISSUANCE
5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] PHA Policy
The PHA will assign one bedroom to the head of household and spouse/partner, and one bedroom for each additional two persons (including co-head) within the household, except in the following circumstances:
Live-in aides and their family will be allocated a separate bedroom.
Single person families will be allocated one bedroom.
Foster children of the opposite sex will not be required to share a bedroom unless both children are under the age of five and will not be required to share a bedroom with an adult.
The PHA will reference the following chart in determining the appropriate bedroom size for Housing Quality Standards:
Unit Size Persons in Household
(Minimum – Maximum)
1 Bedroom 1-3
2 Bedrooms 2-5
3 Bedrooms 4-7
4 Bedrooms 6-9
5 Bedrooms 8-11
5 CHAPTER 6
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME
6-I.A. OVERVIEW
The general regulatory definition of annual income shown below is from 24 CFR 5.609.
5.609 Annual income.
(a) Annual income means all amounts, monetary or not, whichincludes, with respect to the family:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; orAll amounts, not specifically excluded in paragraph (b) of this section, received from all sources by each member of the family who is 18 years of age or older or is the head of household or spouse of the head of household, plus unearned income by or on behalf of each dependent who is under 18 years of age, and
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and When the value of net family assets exceeds $51,600 (which amount HUD will adjust annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers) and the actual returns from a given asset cannot be calculated, imputed returns on the asset based on the current passbook savings rate, as determined by HUD.
(3) Which are not specifically excluded in paragraph [5.609(c)]. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
In addition to this general definition, HUD regulations establish policies for treating specific types of income and assets. The full texts of those portions of the regulations for The Effect of Welfare Benefit Reduction isare provided in eExhibits 6-1 at the end of this chapter. as follows:
• Annual Income Inclusions (Exhibit 6-1)
• Annual Income Exclusions (Exhibit 6-2)
• Treatment of Family Assets (Exhibit 6-3)
• Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) • The Effect of Welfare Benefit Reduction (Exhibit 6-5)
6 6-I.B. HOUSEHOLD COMPOSITION AND INCOME
6-I.C. ANTICIPATING ANNUAL INCOME
The PHA is required to count all income “anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date”When calculating a household’s income, including asset income, at the time of admission to the program or during interim examinations, PHAs must use anticipated income (current income) (i.e., the family’s estimated income for the upcoming 12-month period). [24 CFR 5.609(a)(2PIH 2023-27)]. Policies related to anticipating annual income are provided below.
Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for the coming 12- month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when:
• An imminent change in circumstances is expected [HCV GB, p. 5-17] • It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal, or cyclic income) [24 CFR 5.609(d)]
• The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)]
7 Projecting Income
In HUD’S EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly wages to project annual income.
6-I.D. EARNED INCOME
Types of Earned Income Included in Annual Income
Day Laborer
A day laborer is an individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future. [24 CFR 5.603(b)]. Income earned as a day laborer is not considered nonrecurring income and must be included. [24 CFR 5.609(b)(24)] Independent Contractor
An independent contractor is an individual who qualifies as an independent contractor instead of an employee in accordance with the Internal Revenue Code federal income tax requirements and whose earnings are consequently subject to the self-employment tax. Individuals considered “gig workers,” such as babysitters, landscapers, rideshare drivers, and house cleaners are typically considered independent contractors. [24 CFR 5.603(b)
Income earned as a day laborer is not considered nonrecurring income and must be included. [24 CFR
5.609(b)(24)]
Seasonal Worker
A seasonal worker is an individual who is hired into a short-term position and the employment begins about the same time each year. This includes holiday employment, agricultural season jobs, and employment as a lifeguard or ballpark vendor.
Income earned as a seasonal worker is not considered nonrecurring income and must be included.
Income earned as a day laborer is not considered nonrecurring income and must be included. [24 CFR
5.609(b)(24)]
Types of Earned Income Not Counted in Annual Income
Temporary, Nonrecurring, or Sporadic Income [24 CFR 5.609(cb)(924)] This type of income (including gifts) is not included in annual income. Sporadic income includes temporary payments from the U.S. Census Bureau for employment lasting no longer than 180 days [Notice PIH 2009-19].Nonrecurring income is income that will not be repeated in the coming year based on information provided by the family. Income received as an independent contractor, day laborer, or seasonal worker is not excluded from income, even if the source, date, or amount of the income varies.
Nonrecurring income includes payments from the U.S. Census Bureau for employment; direct federal or state payments intended for economic stimulus or recovery; refundable tax credits or tax refunds at the time they are received; gifts for significant life events or milestones; non-monetary in-kind donations
8 from a food bank or similar organization; or lump-sum additions to net family assets including but not limited to lottery or other contest winnings.
To be considered nonrecurring, the income must have a distinct end date and not be repeated beyond the coming year. This does not include unemployment income and other types of periodic payments that are received at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year and can be extended.
PHA Policy
Sporadic income is income that is not received periodically and cannot be reliably predicted.
Sporadic income is also defined temporary, nonrecurring income, including gifts, in which the total of all sources is $1,000 a year or less. Temporary income is defined as lasting no longer than one month and totaling less than $1,000. Nonrecurring income is defined as occurring once or twice per year and totaling less than $1,000. For example, the income of an individual who works occasionally as a handyman would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed.
Payments Received for the Care of Foster Children or Foster Adults or State or Tribal Kinship or Guardianship Care Payments
Payments received for the care of foster children or foster adults, or state or Tribal kinship or guardianship care payments, are excluded from annual income. This also applies to Kinship Guardianship Assistance Payments (Kin-GAP), kinship care payments, and other state-based kinship or guardianship payments that are alternatives to traditional foster care programs.[24 CFR 5.609(b)(4) Insurance Payments or Settlements
Insurance payments and settlements for personal or property losses are excluded from annual income.
However, periodic payments paid at regular intervals such as weekly, monthly, or yearly, for a period of greater than one year that are received in lieu of wages for workers’ compensation are included in annual income. [24 CFR 5.609(b)(5)
Civil Action Recoveries or Settlements
Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law that resulted in a member of the family becoming a person with disabilities are excluded from annual income. Any amounts recovered are excluded irrespective of whether they are received periodically or in a lump sum payment. [24 CFR
5.609(b)(7)
Veterans Regular Aid and Attendance
Aid and Attendance income from the V A to veterans are excluded. This applies only to veterans in need of regular aid and attendance and does not apply to other beneficiaries of the payments, such as a surviving spouse. [24 CFR 5.609(b)(17)]
Home-Based Care Payments for a Family Member with a Disability
9 Payments made or authorized by a state Medicaid agency or other state or federal agency to a family to enable a family member who has a disability to reside in the family’s assisted unit are excluded from the calculation of the family’s annual income. Authorized payments may include payments to a member of the assisted family through the state Medicaid agency, including through a managed-care entity, or other state or federal agency for caregiving services the family member provides to enable a family member who has a disability to reside in the family’s assisted unit. [24 CFR 5.609(b)(19)]
Certain Payments Received by Tribal Members
Payments received by Tribal members, to the extent that such payments are excluded from gross income under the Internal Revenue Code (IRC), must be excluded from annual income. Examples include the Cobell Settlement or Tribal Trust Settlements. [24 CFR 5.609(b)(21)]
6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16] The Earned Income Disregard (EID) will not apply to any family who is not eligible for and already participating in the disallowance as of December 31, 2024. The EID allowed eligible families to have a portion of their earned income excluded from annual income for a maximum period of 24 consecutive months. Families who were receiving the EID benefit as of December 31, 2024, may continue to receive the full benefit until the remaining timeframe for an individual family’s EID expires. Because the EID lasts up to 24 consecutive months, no family will still be receiving an EID benefit after December 31, 2026.The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24 CFR 5.617 611 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and limitations on the disallowance are summarized below.
6-I.G. ASSETS [24 CFR 5.609603(b)(3); 24 CFR 5.603(b)(4)] Overview
There is no asset limitation for participation in the HCV program. However, HUD requires that the PHA include in annual income the anticipated “interest, dividends, and other net income of any kind from real or personal property” [24 CFR 5.609(b)(3)]. This section discusses assets and how the income from the various types of assets is are determined. For most types of assets, tThe PHA must determine if assets are included or excluded from the calculations. If they are included, the PHA must then determine the value of the asset in order to compute income from the asset. Therefore, for each asset type, this section discusses:
• Excluded assets
• For included assets,
• How the value of the asset will be determined
• How income from the asset will be calculated
10 Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24 CFR
5.609(b)(3)], and Exhibit 6-31 provides the regulatory definition of net family assets. This section begins with a discussion of general policies related to assets and then provides HUD rules and PHA policies related to each type of asset.
11
12 General Policies
Income from Assets
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42 CHAPTER 7
VERIFICATION
PART I: GENERAL VERIFICATION REQUIREMENTS
7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230]
43 7-I.C. UP-FRONT INCOME VERIFICATION (UIV)
Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory)
EIV Income and IVT Reports
44 Upfront Income Verification Using Non-HUD Systems
7-I.DE. THIRD-PARTY WRITTEN AND ORAL VERIFICATION
7-I.EF. SELF-CERTIFICATION
PART II: VERIFYING FAMILY INFORMATION
7-II.A. VERIFICATION OF LEGAL IDENTITY
45
46 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2018-24]
7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME
PHA Policy
47 CHAPTER 8
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS
DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 and 982.406; Notice PIH 2016-05]
Scheduling the Inspection
PHA Policy
If an adult cannot be present on the scheduled date, the family should request that the PHA reschedule the inspection. The PHA and family will agree on a new inspection date that generally should take place within five business days of the originally scheduled date. The PHA may schedule an inspection more than five business days after the original date for good cause.
48 If the family misses the first scheduled appointment without requesting a new inspection date, the PHA will automatically schedule a second inspection. If the family misses two scheduled inspections without PHA approval, the PHA will consider the family to have violated its obligation to make the unit available for inspection. This may result in termination of the family’s assistance in accordance with Chapter 12.
Upon a second missed inspection, the PHA will propose termination of assistance. A Mandatory Tenant Conference (MTC) will not be scheduled.
HAP Abatement
If an owner fails to correct HQS deficiencies by the time specified by the PHA, HUD requires the PHA to abate housing assistance payments no later than the first of the month following the specified correction period (including any approved extension) [24 CFR 985.3(f)]. No retroactive payments will be made to the owner for the period of time the rent was abated. Owner rents are not abated as a result of HQS failures that are the family's responsibility.
PHA Policy
The PHA will make all HAP abatements effective the first of the month following the expiration of the PHA specified correction period (including any extension).
The PHA will inspect abated units within five business days of the owner's notification that the work has been completed. The PHA will also accept an HQS repairs self-certification form signed by both the landlord and the participant. Payment will resume effective on the day the owner notified the PHA that the repairs have been made, provided the inspection passes if one was conducted.
CHAPTER 9
GENERAL LEASING POLICIES
9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308]
49 CHAPTER 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
10-I.C. MOVING PROCESS
PART II: PORTABILITY
50 CHAPTER 11
REEXAMINATIONS
11-I.C. SCHEDULING ANNUAL REEXAMINATIONS
51
52 11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION – New Family and Household Members Requiring Approval
With the exception of children who join the family as a result of birth, adoption, or court-awarded custody, a family must request PHA approval to add a new family member [24 CFR 982.551(h)(2)] or other household member (live-in aide or foster child) [24 CFR 982.551(h)(4)].
When any new family member is added, the PHA must make appropriate adjustments in the family share of the rent and the HAP payment at the effective date of either the annual or interim reexamination [24 CFR 982.516(e)(2)].
If a change in family size causes a violation of Housing Quality Standards (HQS) space standards (see Chapter 8), the PHA must issue the family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the PHA must terminate the family’s HAP contract in accordance with its terms [24 CFR 982.403].
53
54 11-II.C. CHANGES AFFECTING INCOME OR EXPENSES
Interim reexaminations can be scheduled either because the PHA has reason to believe that changes in income or expenses may have occurred, or because the family reports a change. When a family reports a change, the PHA may take different actions depending on whether the family reported the change voluntarily, or because it was required to do so.
PHA-Initiated Interim Reexaminations
PHA-initiated interim reexaminations are those that are scheduled based on circumstances or criteria defined by the PHA. They are not scheduled because of changes reported by the family.
PHA Policy
Program participants must report all changes of income within 10 business days of the date the change takes effect. The PHA will conduct interim reexaminations in each of the following instances:
For families receiving the Earned Income Disallowance (EID) that were approved prior to January 1, 2025, the PHA will conduct an interim reexamination at the end of
55
56
57 11-II.D. PROCESSING THE INTERIM REEXAMINATIOM
58 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT
11-III.D. DISCREPANCIES
CHAPTER 12
TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE
12-I.A. OVERVIEW
HUD requires the PHA to terminate assistance for certain actions and inactions of the family and when the family no longer requires assistance due to increases in family income. HUD permits the PHA to terminate assistance for certain other actions or inactions of the family. In addition, a family may decide to withdraw from the program and terminate their HCV assistance at any time by notifying the PHA. 12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455] As a family’s income increases, the amount of the housing assistance payment decreases. If the amount of assistance provided by the PHA is reduced to zero, the family's assistance automatically terminates 180 days after the last HAP payment.
PHA Policy
If a participating family receiving zero assistance experiences a change in circumstances that would result in a HAP payment to the owner, the family must notify the PHA of the changewithin 10 business days of the date the change takes effect and request an interim reexamination before the expiration of the 180-day period.
Failure to Provide Consent [24 CFR 982.552(b)(3)]
59 The PHA must terminate assistance if any family member fails to sign and submit any consent form they are required to sign for a regular or interim reexamination. See Chapter 7 for a complete discussion of consent requirements.
Revocation of Consent Forms [24 CFR 5.230(c)(5)(iii) and 5.232(c)] In accordance with the provisions governing the programs involved, if the applicant or participant, or any member of the applicant or participant family, does not sign and submit consent forms or revokes his/her consent with respect to the ability of the PHA to access financial records from financial institutions, the PHA may establish policies to deny admission or terminate assistance.
PHA Policy
If any family member who is required to sign a consent form fails to do so, or revokes their consent, the PHA will deny admission to the applicants and terminate assistance of the participants. This includes but is not limited to the HUD 9886 and the HUD 52675. The family may request an informal review (applicants) or informal hearing (participants) in accordance with PHA procedures.
CHAPTER 14
PROGRAM INTEGRITY
PART II: CORRECTIVE MEASURES AND PENALTIES
14-II.A. SUBSIDY UNDER- OR OVERPAYMENTS
A subsidy under- or overpayment includes (1) an incorrect housing assistance payment to the owner, (2) an incorrect family share established for the family, and (3) an incorrect utility reimbursement to a family.
Corrections
Whether the incorrect subsidy determination is an overpayment or underpayment of subsidy, the PHA must promptly correct the HAP, family share, and any utility reimbursement prospectively.
PHA Policy
Increases in the family share will be implemented on the first of the month following a written 30-day notice.
• If the error is caused by the family, the increase will be effective retroactive to the first of the month following the date when the change of income takes effect.
Any decreases in family share will become effective the first of the month following the discovery of the error.
60 • If the error is caused by the family, the decrease will be effective the first of the month after the PHA receives the required and completed information.
14-II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE
PHA Reimbursement to Family or Owner
The PHA must reimburse a family for any underpayment of subsidy, regardless of whether the underpayment was the result of staff-caused error or staff or owner program abuse. Funds for this reimbursement must come from the PHA’s administrative fee reserves [HCV GB p. 22-12].
PHA Policy
For PHA caused errors, the PHA will reimburse families for underpayment of subsidies by checks.
CHAPTER 15
SPECIAL HOUSING TYPES
PART VI: MANUFACTURED HOMES
15-VI.A. OVERVIEW
A manufactured home is a manufactured structure, transportable in one or more parts, that is built on a permanent chassis, and designed for use as a principal place of residence. HCV-assisted families may occupy manufactured homes in two three different ways [PIH 2017-18]. (1) (1) Regular rental assistance: A family can choose to rent a manufactured home already installed on a space and the PHA must permit it. In this instanceinstance, program rules are the same as when a family rents any other residential housing, except that there are special HQS requirements as provided in 15-VI.D below.
(2) Homeownership voucher assistance: The family purchases the manufactured home under the homeownership voucher program and the program assists the family with their monthly homeownership expenses. The PHA is not required to provide this type of assistance as part of its HCV program, except if needed as a reasonable accommodation.
(23) Manufactured home space rental assistance: HUD also permits an otherwise eligible family that owns a manufactured home to rent a space for the manufactured home and receive HCV assistance with the rent for the space as well as certain other housing expenses. PHAs may, but are not required to, provide assistance for such families.
15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOME OWNERS WHO LEASE A SPACE
61 Family Income
In determining the annual income of families leasing manufactured home spaces, the value of the family’s equity in the manufactured home in which the family resides is not counted as a family asset.
Lease and HAP Contract
There is a separate Tenancy Addendum (Form 52642-a) and separate HAP Contract (Form 52642) for this special housing type.
The Monthly HAP for a manufactured home space rental is the lower of:
a) The PHA payment standards minus the family’s total tenant payment; or b) The rent of the manufactured home space (including other eligible housing expenses) minus the family total tenant payment.
Explanation of Change: Updating HUD regulation verbiage
CHAPTER 16
PROGRAM ADMINISTRATION
"Success Rate" Payment Standard Amounts [24 CFR 982.503(ef)] If a substantial percentage of families have difficulty finding a suitable unit, the PHA may request a “success rate payment standard” that applies to the entire jurisdiction. If approved by HUD, a success rate payment standard allows the PHA to set its payment standards at 90-110 percent of a higher FMR (the 50th, rather than the 40th percentile FMR). To support the request, the PHA must demonstrate that during the most recent 6-month period for which information is available:
• Fewer than 75 percent of families who were issued vouchers became participants; • The PHA had established payment standards for all unit sizes, and for the entire jurisdiction, at 110 percent of the published FMR; and
• The PHA had a policy of allowing voucher holders who made sustained efforts to locate units at least 90 days to search for a unit.
Although HUD approves the success rate payment standard for all unit sizes in the FMR area, the PHA may choose to adjust the payment standard for only some unit sizes in all, or a designated part, of the PHA’s jurisdiction within the FMR area. HUD will no longer approve success rate payment standards.
However, a PHA that was approved to establish a success rate payment standards amount under this paragraph in effect prior to June 6, 2024 shall not be required to reduce such payment standards amount as a result of the discontinuance of success rate payment standards.
PHA Policy
62 Fairfield Housing Authority does not have a “Success Rate” payment standards.
Explanation of Change: Update due to HOTMA regulation change 16-IV .B. REPAYMENT POLICY
Payment Thresholds
Notice PIH 2017-122018-18 recommends that the total amount that a family must pay each month—the family’s monthly share of rent plus the monthly debt repayment amount—should not exceed 40 percent of the family’s monthly adjusted income. However, a family may already be paying 40 per cent or more of its monthly adjusted income in rent. Moreover, Notice PIH 2017-122018-18 acknowledges that PHAs have the discretion to establish “thresholds and policies” for repayment agreements with families [24 CFR 982.552(c)(1)(vii)].
Notice PIH 2018-18 mandates that if the family refuses to enter into a repayment agreement or fails to make payments on an existing or new repayment agreement, the PHA must terminate the family’s assistance. HUD does not authorize any PHA-sponsored amnesty or debt forgiveness programs.
Explanation of Change: Updating HUD Regulation verbiage
63 Explanation of Change: Updating PHA Policy and HUD regulations
17-III.D. INSPECTING UNITS
Explanation of Change: Allowing additional time for occupancy and reducing PHA costs.
Administrative Plan-HCV Program Revised 10/30/2024
CITY OF FAIRFIELD
HOUSING AUTHORITY
ADMINISTRATIVE PLAN
2025 Admin Plan
Administrative Plan-HCV Program 1-1 Revised 10/30/2024 CHAPTER 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
The PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. 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 enters into an Annual Contributions Contract 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 Public Housing Agency (PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent.
Part II: The HCV Program. T his part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. T
his part discusses the purpose and organization of
the plan and its revision requirements.
Administrative Plan-HCV Program 1-2 Revised 10/31/2024
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
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the City of Fairfield Housing Authority for the jurisdiction of the City of Fairfield in the County of Solano.
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 and is delegated 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.
Administrative Plan-HCV Program 1-3 Revised 10/31/2024 1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
PHA Policy
The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program.
HOTMA’s (Housing Opportunity Through Modernization Act of 2016) final rule in 2023 will be implemented on January 1, 2025.
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 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.
Administrative Plan-HCV Program 1-4 Revised 10/31/2024 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.
Administrative Plan-HCV Program 1-5 Revised 10/31/2024 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.
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.
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. 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 (Consolidated Annual Contributions Contract). 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.
Administrative Plan-HCV Program 1-6 Revised 10/31/2024 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
Administrative Plan-HCV Program 1-7 Revised 10/31/2024 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 a 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 Annual Contributions Contract, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state, and local laws.
Administrative Plan-HCV Program 1-8 Revised 10/31/2024 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 should 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. • 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 Housing Quality Standards (HQS) 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.
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 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 program; • 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.
Administrative Plan-HCV Program 1-9 Revised 10/31/2024 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)
Administrative Plan-HCV Program 1-10 Revised 10/31/2024 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 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 law. The policies in this administrative plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding.
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 follows:
• 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 of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (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);
Administrative Plan-HCV Program 1-11 Revised 10/31/2024 • Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12);
• 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, including policies on administering decreases in the payment standard during the HAP contract term (Chapter 16); • 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); and
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3).
Administrative Plan-HCV Program 1-12 Revised 10/31/2024 Mandatory vs. Discretionary Policy
HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
• O ptional, 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 Agency Plan, and a copy provided to HUD.
PHA Policy
The PHA will review and update the plan as needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.
The PHA shall implement policies compliant with HUD’s final Housing Opportunity Through Modernization Act (HOTMA) upon direction from HUD and access to the revised HUD-50058 in the Housing Information Portal (HIP). Until such time as the HOTMA polices can be implemented, the PHA shall continue to apply pre-HOTMA polices as outlined in the PHA Administrative Plan.
Administrative Plan-HCV Program 2-1 Revised 10/30/2024 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. T his part discusses the rules and policies of the housing choice voucher program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and 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. T his 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.
Administrative Plan-HCV Program 2-2 Revised 10/31/2024 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 Reauthorization Act of 2013 (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 non-discrimination laws or ordinances apply.
Administrative Plan-HCV Program 2-3 Revised 10/31/2024 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 identifies the following additional protected classes o Gender identity, gender expression
o Sexual orientation
o Marital status
o Medical condition
o Military or veteran status
o Ancestry
o Primary language
o Source of income
o Genetic information
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 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
Administrative Plan-HCV Program 2-4 Revised 10/31/2024 • 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
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.
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 addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].
Upon receipt of a housing discrimination complaint, the PHA is required to:
• Provide written notice of the complaint to those alleged and inform the complainant that such notice was made
• Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted • Keep records of all complaints, investigations, notices, and corrective actions [Notice PIH 2014-20]
PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing.
Within 10 business days of receiving the complaint, the PHA will provide a written notice to those alleged to have violated the rule. 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, as well as information on how to complete and submit a housing discrimination complaint form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).
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. (See Chapter 16.)
Administrative Plan-HCV Program 2-5 Revised 10/31/2024 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 accommodation 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. 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 accommodation, 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.”
A specific name and phone number of designated staff will be provided to process requests for accommodation.
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. 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 will 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 (either within the acceptable range or with HUD approval of a
Administrative Plan-HCV Program 2-6 Revised 10/31/2024 payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit
• 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
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 connection, 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.
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.
Administrative Plan-HCV Program 2-7 Revised 10/31/2024 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 accepted 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 will 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]. 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, 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.
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 10 business days.
If the PHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family
Administrative Plan-HCV Program 2-8 Revised 10/31/2024 of the right to appeal the PHA’s decision through an informal review (if applicable) or informal hearing (see Chapter 16).
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 10 business days from the date of the most recent discussion or communication with the family.
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.
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
Administrative Plan-HCV Program 2-9 Revised 10/31/2024 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 nondiscrimination 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.
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.
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(c)(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 process.
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.
Administrative Plan-HCV Program 2-10 Revised 10/31/2024 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.
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 will utilize 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
Administrative Plan-HCV Program 2-11 Revised 10/31/2024 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 and possible, 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.
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. 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.
Administrative Plan-HCV Program 2-12 Revised 10/31/2024 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.
Administrative Plan-HCV Program 2-13 Revised 10/31/2024 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.
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
Administrative Plan-HCV Program 2-14 Revised 10/31/2024 disabled family preference, the $525 elderly/disabled household deduction [24 CFR 5.611(a)(2)], the $480 dependent deduction [24 CFR 5.611(a)(1)], 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.
Administrative Plan-HCV Program 3-1 Revised 10/30/2024 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.
• 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. T his 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.
Administrative Plan-HCV Program 3-2 Revised 10/31/2024
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 982.201(c); FR Notice 02/03/12; Notice PIH 2014- 20]
The terms family and household have different meanings in the HCV program.
Family [24 CFR 5.403]
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 actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person. 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; 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. The definition of family also includes a group of persons residing together.
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, or the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.
Foster adults/children are not considered family members and must not be included in calculations of income for eligibility and rent determination. [24 CFR 5.603] Gender Identity means actual or perceived gender characteristics.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
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 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 and must notify the PHA if the family’s composition changes.
Administrative Plan-HCV Program 3-3 Revised 10/31/2024 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. Foster adults/children are not considered family members and are not included in calculations of income for eligibility and rent determination. They are, however, considered household members and must be included when determining unit size or subsidy standards. [24 CFR 5.603] Household members do not qualify for expenses or deductions, except that reasonable unreimbursed child care expenses may be deducted for foster children under the age of 13 if it enables a member of the family to work, look for work, or go to school. (See chapter 6-II.F.)
Administrative Plan-HCV Program 3-4 Revised 10/31/2024 3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Breakup [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 breakup results from an occurrence of domestic violence, dating violence, sexual assault, or stalking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16-IX.D of this plan.)
• 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, or stalking, 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 will retain 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, or stalking, 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; (5) the recommendations of social service professionals; and (6) which family member(s) remained in the unit or vacated the unit, and which member(s) were listed on the original application for assistance.
Administrative Plan-HCV Program 3-5 Revised 10/31/2024 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.”
PHA Policy
PHA-approved spouse/partner or co-head will “inherit” the voucher in the event of the death of the head of household if the spouse/partner has been part of the assisted family for the past 12 months or has been part of the family throughout the term of assistance.
If the head of household passes away and there is no spouse/partner/co-head, an approved adult family member may retain the voucher if the family member has been a part of the assisted family for the past 12 months or has continually been part of the family throughout the term of assistance.
The head of household, spouse, and/or partner cannot “give” the voucher to someone who has not been a member of the tenant family for the past 12 months or throughout the term of assistance.
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 or roommates who are not significant others/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.
Administrative Plan-HCV Program 3-6 Revised 10/31/2024 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.
Administrative Plan-HCV Program 3-7 Revised 10/31/2024 3-I.F. DEPENDENT [24 CFR 5.603]
A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides. Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance 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 51 percent or more of the time, which is defined as 183 days of the year or more.
When more than one applicant or participant family is claiming the same dependents as family members, the family with 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. 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 an FTS is treated differently from the income of other family members. Foster children or adults are not family members and do not qualify for the full-time student allowance.
PHA Policy
The time commitment or subject load that is needed to be full-time is defined by the educational institution. If the student is enrolled at two or more institutions of higher education, the student will be considered full time if they are enrolled in the equivalent of a total of 12 units at a community college.
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.
Administrative Plan-HCV Program 3-8 Revised 10/31/2024
Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person.
Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6.
Administrative Plan-HCV Program 3-9 Revised 10/31/2024 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. Identifying disabled families is important because these families qualify for the disabled family allowance 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.
PHA Policy
A guest can remain in the assisted unit no longer than 14 consecutive days or a total of 30 cumulative calendar days during any 12-month period. Students who are living outside of the assisted unit for the purpose of attending school are exempt from the guest policy.
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.
Administrative Plan-HCV Program 3-10 Revised 10/31/2024 3-I.K. FOSTER CHILDREN AND FOSTER ADULTS
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 judgement, decree, or other order of any court of competent jurisdiction [24 CFR 5.603].
A foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgement, decree, or other order of any court of competent jurisdiction [24 CFR 5.603].
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 considered household members but not family members. 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].
PHA Policy
A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of short-term or long-term foster care arrangement with the custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of HQS space standards according to 24 CFR 982.401.
Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.
3-I.L. ABSENT FAMILY MEMBERS
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.
Definitions of Temporarily and Permanently Absent
PHA Policy
Generally, an individual who is or is expected to be absent from the assisted unit for 60 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 60 consecutive days is considered permanently absent and no longer a family member.
Exceptions to this general policy are discussed below.
Absent Students
PHA Policy
When someone who has been considered a family member attends school and is living outside of the assisted unit, the person will no longer be considered a family member and will be removed from the assisted voucher.
Administrative Plan-HCV Program 3-11 Revised 10/31/2024 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 consider the child to be permanently removed after six months unless the family can provide a Family Reunification Plan detailing when the child will be returned to the home.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit 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
An individual confined to a nursing home or hospital on a permanent basis is not considered a family member.
The PHA will request verification of the family member’s permanent absence from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person will be considered temporarily absent up to 180 days. After 180 days, the family member will be considered permanently absent. If the family certifies that the family member is confined on a permanent basis, they may present, and the PHA will consider, any additional documentation or evidence.
Return of Permanently Absent Family Members
PHA Policy
The PHA will not allow for the return of any adult family members that the PHA previously determined to be permanently absent.
Administrative Plan-HCV Program 3-12 Revised 10/31/2024 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)]. 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 must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near elderly, or disabled family member. For continued approval, the family must submit a new, written request- subject to PHA verification-at each annual reexamination.
In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services.
The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
The person commits drug-related criminal activity or violent criminal activity; or The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.
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.
Administrative Plan-HCV Program 3-13 Revised 10/31/2024 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 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]
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. 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]
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 selected from the PHA’s waiting list. • 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 homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173
• 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
Administrative Plan-HCV Program 3-14 Revised 10/31/2024 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. 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 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.
Administrative Plan-HCV Program 3-15 Revised 10/31/2024 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].
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)].
Administrative Plan-HCV Program 3-16 Revised 10/31/2024 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 10 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.
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 citizenship 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.
In addition, each participant who has not previously disclosed an SSN, has previously disclosed an SSN that HUD or the SSA determined was invalid, or has been issued a new SSN must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification. Participants age 62 or older as of January 31, 2010, whose
Administrative Plan-HCV Program 3-17 Revised 10/31/2024 determination of eligibility was begun before January 31, 2010, are exempt from this requirement and remain exempt even if they move to a new assisted unit.
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.
3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230; HCV GB, p. 5- 13]
HUD requires each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD-9886, 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 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)].
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 his/her 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.
Administrative Plan-HCV Program 3-18 Revised 10/31/2024 Independent Student
PHA Policy
The PHA will consider a student “independent” from his or her 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 his/her 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.
o 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 is 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 has one 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:
o A local educational agency homeless liaison
o The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director o A financial aid administrator
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 his/her 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 his/her parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided.
Administrative Plan-HCV Program 3-19 Revised 10/31/2024 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
A veteran is a person who served in the active military, naval, or air service and who was discharged or released from such service under conditions other than dishonorable.
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
Administrative Plan-HCV Program 3-20 Revised 10/31/2024 The director of a program funded under subtitle B of title IV of the McKinney- Vento Homeless Assistance Act or a designee of the director A financial aid administrator
Determining Student Eligibility
If a student is applying for assistance on his/her own, apart from his/her 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 his/her 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 his/her 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.
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 his/her parents and has not had contact with or does not know where to contact his/her other parent, the PHA will require the student to
Administrative Plan-HCV Program 3-21 Revised 10/31/2024 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.
3-II.F. EIV SYSTEM SEARCHES [Notice PIH 2018-18; EIV FAQs; EIV System Training 9/30/20]
Existing Tenant Search
Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance.
If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable.
PHA Policy
The PHA will contact the PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD-50058 or 50059, as applicable, showing an end of participation. The PHA will only approve assistance contingent upon the move-out from the currently occupied assisted unit.
Debts Owed to PHAs and Terminations
All adult household members must sign the form HUD-52675 Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module.
If a current or former tenant disputes the information in the module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program.
Administrative Plan-HCV Program 3-22 Revised 10/31/2024 PHA Policy
The PHA will require each adult household member to sign the form HUD-52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household.
The PHA will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the PHA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter.
Income and IVT Reports
For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission.
The PHA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates.
Administrative Plan-HCV Program 3-23 Revised 10/31/2024 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.
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.
While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual’s criminal history merits denial of admission.
When considering any denial of admission, PHAs may not use arrest records as the basis for the denial.
Further, HUD does not require the adoption of “One Strike” policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-19].
HUD’s Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate. Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16].
PHAs who impose blanket prohibitions on any person with any conviction record, no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then will be unable to show that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a PHA with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary. To do this, the PHA must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and property and criminal conduct that does not.
Administrative Plan-HCV Program 3-24 Revised 10/31/2024 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 under portability. (See Chapter 10.) • 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, or stalking if the applicant is otherwise qualified for assistance (See section 3-III.G.)
Administrative Plan-HCV Program 3-25 Revised 10/31/2024 3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)] 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 three 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 three 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 three months. • 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, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A conviction will be given more weight than an arrest. 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
Administrative Plan-HCV Program 3-26 Revised 10/31/2024 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.
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 is currently engaged in or has engaged in any of the following criminal activities, within the past three years, the family will be denied assistance.
Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug [24 CFR 5.100].
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].
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, 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.
A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such 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.
Administrative Plan-HCV Program 3-27 Revised 10/31/2024 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.
Per the alternative requirements listed in the Federal Register notice dated December 29, 2014, PHAs are no longer permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [FR Notice 12/29/14].
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. • Any family member has been evicted from federally assisted housing in the last five years. The PHA will consider all mitigating circumstances. • Any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.
• Any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any other state, local, or federal assistance program. • The family owes rent or other amounts to any PHA in connection with Section 8 or other public housing assistance under the 1937 Act unless the family repays the full amount of the debt prior to being selected from the waiting list. • If the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list.
• The family 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.
o 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.
o Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit violence.
Administrative Plan-HCV Program 3-28 Revised 10/31/2024 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.
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 through a contracted screening company or through local law enforcement for every adult household member.
While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose.
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)].
PHA Policy
The PHA will use the Dru Sjodin National Sex Offender database to screen applicants for admission.
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)].
Administrative Plan-HCV Program 3-29 Revised 10/31/2024 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, or stalking except at the written request or with the written consent of the individual providing the documentation [24 CFR 5.2007(c)].
PHA Policy
The PHA will inform owners of their responsibility to screen prospective tenants and may provide owners with the required known name and address information, at the time of the initial HQS inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history or criminal history, etc.
Administrative Plan-HCV Program 3-30 Revised 10/31/2024 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 show 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 facts and circumstances prior to making its decision:
• The seriousness of the case, especially with respect to how it would affect other residents’ safety or property
• The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act
• The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault, or stalking • The length of time since the violation occurred, 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, however, 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:
o Any statements made by witnesses or the applicant not included in the police report o Whether criminal charges were filed
o Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal
Administrative Plan-HCV Program 3-31 Revised 10/31/2024 o Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity
• 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.
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 agree to remove the 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.
After admission to the program, the family must present evidence of the former family member’s current address.
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 stated disability. If so, upon the family’s request, the PHA will determine whether admitting the family as a reasonable accommodation is appropriate. 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.
Administrative Plan-HCV Program 3-32 Revised 10/31/2024 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 a tenant 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.
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 or stalking are contained in Section 3-III.G.
Administrative Plan-HCV Program 3-33 Revised 10/31/2024 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING The Violence against Women Act of 2013 (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.
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.
Notification
VAWA 2013 expanded notification requirements to include the obligation for 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, or stalking may have an unfavorable history (e.g., a poor credit history, poor rental 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.
While the PHA is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, or stalking, the applicant may inform the PHA that their status as a victim is directly related to the grounds for the denial.
The PHA will request that the applicant provide enough information to the PHA to allow the PHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim.
The PHA will include in its notice of denial the VAWA information described in section 16- IX.C of this plan as well as including a copy of the form HUD-5382. The PHA will request in writing that an applicant wishing to claim protection under VAWA notify the PHA within 14 business days.
Administrative Plan-HCV Program 3-34 Revised 10/31/2024 Documentation
Victim Documentation [24 CFR 5.2007]
PHA Policy
If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault or stalking, the PHA will request in writing that the applicant provide documentation supporting the claim in accordance with section 16- IX.D of this plan.
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.
Administrative Plan-HCV Program 3-35 Revised 10/31/2024 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. (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.
Administrative Plan-HCV Program 3-36 Revised 10/31/2024 • Has a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration; substantially impedes his or her 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. (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.
Administrative Plan-HCV Program 3-37 Revised 10/31/2024 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.
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
Administrative Plan-HCV Program 3-38 Revised 10/31/2024 (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
(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—
Administrative Plan-HCV Program 3-39 Revised 10/31/2024 (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; (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.
Administrative Plan-HCV Program 3-40 Revised 10/31/2024 (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. (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
Administrative Plan-HCV Program 3-41 Revised 10/31/2024 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.
Administrative Plan-HCV Program 4-1 Revised 10/30/2024 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.
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. T his 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 will be used to ensure that the PHA has the information needed to make a final eligibility determination.
Administrative Plan-HCV Program 4-2 Revised 10/31/2024 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.
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 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. 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 waiting list.
Families may complete an online pre-application at www.waitlistcheck.com. 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.
Administrative Plan-HCV Program 4-3 Revised 10/31/2024 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). 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 Waiting List
PHA Policy
If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the 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 receiving a complete application. 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 Waiting List
PHA Policy
The applicant will receive confirmation that the application was successfully submitted at the time that the electronic application is submitted.
Placement on the 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 waiting list.
Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA.
Administrative Plan-HCV Program 4-4 Revised 10/31/2024 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 will not merge the HCV waiting list with the waiting list for any other program the PHA operates.
Administrative Plan-HCV Program 4-5 Revised 10/31/2024 4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List
A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria.
PHA Policy
The PHA may stop pre-applications if there are enough pre-applicants to fill anticipated openings for the next 24 months. Where the PHA has particular preferences or funding criteria that require a specific category of family, the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others.
Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received.
PHA Policy
The PHA will announce the reopening of the waiting list at least 10 business days prior to the date pre-applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice.
The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:
Daily Republic, Fairfield Channel 26, GoSection8.com
The PHA will ensure that all public notices are delivered in the languages identified in its LEP plan.
The application process will involve two phases:
1) The first is the pre-application for admission. This first phase is to determine placement on the wait list. Duplicate pre-applications will not be accepted. “Duplicate Pre-Application” is when multiple pre- applications are submitted in which the head of household name and social security number are the same.
The first pre-application will be accepted for its date and time however the address and other updated information will be used to update the current record. It will not benefit applicants to submit multiple pre- applications (i.e. this does not improve the chances of being selected).
a. Pre-applications submitted for the Tenant-Based Voucher Wait List that meet the HCV preferences and income limit will be drawn through a computerized random lottery selection process and placed on the wait list.
b. The assigned lottery number is used to determine the family’s placement on the wait list.
Again, the submission of multiple pre-applications will not increase the chances of being placed on the wait list.
Administrative Plan-HCV Program 4-6 Revised 10/31/2024 2) Selection from the Tenant-Based Voucher Wait List. The next phase is the "final determination of eligibility for admission." The full two-part application takes place when the family or individual pre- applicant reaches the top of the wait list. At this time the PHA will ensure that verification of all HUD and PHA eligibility factors are current and accurate.
Pre-applications may not require an interview. The information on the pre-application will not be verified until the pre-applicant has been selected for final eligibility determination. Final eligibility will be determined when the application process has been completed and all information has been verified.
Administrative Plan-HCV Program 4-7 Revised 10/31/2024 4-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted.
Because HUD requires the PHA to admit a specified percentage of extremely low-income families to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21].
PHA outreach efforts must comply with fair housing requirements. This includes:
• Analyzing the housing market area and the populations currently being served to identify underserved populations
• Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
• Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
• Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low income population
• Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities
PHA Policy
The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
Administrative Plan-HCV Program 4-8 Revised 10/31/2024 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
PHA Policy
While the family is on the waiting list, the family must immediately inform the PHA of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing or via the online applicant portal. 4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
HUD requires the PHA to establish policies to use when removing applicant names from the waiting list.
Purging the Waiting List
The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and the PHA determines that the family did not respond because of the family member’s disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)].
PHA Policy
The waiting list will be updated as needed to ensure that all applicants and applicant information is current and timely.
To update the waiting list, the PHA will send an update request via first class mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that the PHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant’s name being removed from the waiting list.
The family’s response must be in writing and may be delivered in person, by mail, by email, or by fax. Responses should be postmarked or received by the PHA not later than 10 business days from the date of the PHA letter.
If the family fails to respond within 10 business days, the family will be removed from the waiting list without further notice.
If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice.
If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated. The family will have 10 business days to respond from the date the letter was re-sent.
If a family is removed from the waiting list for failure to respond, the PHA may reinstate the family if it is determined that the lack of response was due to PHA error, or to circumstances beyond the family’s control.