A G E N D A
JOINT MEETING: GLENDALE CITY COUNCIL AND GLENDALE HOUSING AUTHORITY
COUNCIL CHAMBERS
613 E. Broadway, 2nd Floor
Glendale, CA 91206
MAY 5, 2026 - 4:00 PM
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PUBLIC COMMENT GUIDELINES
The City Council and Housing Authoirty welcome public input at City Council meetings. Public input during joint meetings is regulated by the City Council’s Rules of Order, Procedure and Decorum for the Conduct of City Council Meetings as set forth in Resolution No. 25-76, which will be summarized below.
Written Comments and Documents
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Public comments received in writing will NOT be read aloud at the meeting but will be part of the meeting record. Written public comments can be emailed to [email protected], and will be uploaded to the City website as an attachment to the agenda item. When submitting a public comment, please make sure to include the following
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2. Agenda item to which you are submitting public comment
3. Submit no later than 12:00 p.m. on the day of the City Council meeting. Correspondence received after this time may not be distributed until the following business day.
All documents related to open session items on this agenda that are received less than 72 hours prior to this meeting, and are public records, will be available for review in the Office of the City Clerk, 613 E. Broadway, Room 110, Glendale, CA 91206.
Public Comments During Council Meeting
:
Public Comments during Community Event Announcements, First and Second Periods of Oral Communications and agenda items will be governed as provided in the descriptions for those items on the agenda below. Pursuant to State law, the City Council may not discuss or take action on any item not appearing on the meeting agenda, except that members of the City Council, Housing Authority or staff may ask a question for clarification or briefly respond to statements made or questions posed by persons exercising public testimony rights (Government Code Section 54954.2). Staff may be asked to follow up on such items.
Submitting Speaker Cards or Calling In for Public Comment :
Speaker cards must be submitted and telephonic participants must call in and be in the call-in queue, PRIOR to the completion of the verbal staff report on the agenda item (unless waived by the Mayor). Any audio-visual files displayed by speakers must be emailed to the Clerk’s office by 12:00 pm on the day before a Council meeting.
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MAY 5, 2026 - 4:00 PM
ROLL CALL
-
4:00 PM
-
Report of the City Clerk of the City Council and Housing Authority, re: Posting of Agenda.
The Agenda for the Tuesday, May 5, 2026 joint public meeting of the City Council and Housing Authority was posted on May 1, 2026, on the Bulletin Board outside City Hall.
A
JOINT PUBLIC MEETING
of the City Council and Housing Authority is hereby called to meet at
4:00 PM
on
Tuesday, May 5, 2026
, in the Council Chamber, 613 E. Broadway, 2nd
Floor, Glendale, CA 91206 to consider the following item(s) of business, to wit;
1. Community Development, re: Public Hearing and Approval of Fiscal Year 2026-27 Section 8 Public Housing Agency (PHA) Annual Plan, and 2026 Section 8 Administrative Plan
a. Housing Authority Resolution Adopting and Authorizing the Submission of the Section 8 Public Housing Agency Fiscal Year 2026-27 Annual Plan, and the 2026 Section 8 Administrative Plan to the U.S. Department of Housing and Urban Development
ADJOURNMENT
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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE JOINT MEETING: GLENDALE CITY COUNCIL AND
HOUSING AUTHORITY
AGENDA ITEM
Report: Public Hearing and Approval of Fiscal Year 2026-27 Section 8 Public Housing Agency (PHA) Annual Plan, and 2026 Section 8 Administrative Plan.
1. Housing Authority Resolution Adopting and Authorizing the Submission of the Section 8 Public Housing Agency Fiscal Year 2026-27 Annual Plan, and the 2026 Section 8 Administrative Plan to the U.S. Department of Housing and Urban Development.
COUNCIL ACTION
Item Type: Public Hearing
Approved for May 5, 2026 calendar
EXECUTIVE SUMMARY
The Section 8 PHA Annual Plan provides essential information regarding the Housing Authority’s policies, operations, and services. The Plan also outlines the Authority’s mission, goals, and objectives for addressing the housing needs of low-income families.
The Administrative Plan outlines policies and procedures for administering the Section 8 Program. The U.S. Department of Housing and Urban Development (HUD) mandates a 45-day public comment period and a public hearing before the submission deadline for the Section 8 Annual PHA Plan, and the Section 8 Administrative Plan.
RECOMMENDATION
That the Housing Authority conduct a public hearing and adopt a resolution approving and adopting the Fiscal Year 2026–27 Section 8 PHA Annual Plan and the 2026 Section 8 Administrative Plan and authorizing the submission of the plans to HUD.
ANALYSIS
This year’s Annual PHA Plan (Exhibit 1) includes updates to Financial Resources, Operation and Management and provides a progress report on the mission and goals established in the 5-Year PHA Plan.
Financial Resources:
Since December 2024, the Glendale Housing Authority (GHA) has operated in shortfall status due to expenditures exceeding the available budget authority. During this period, the GHA has successfully applied for and received shortfall funding from HUD to ensure 4 of 1125
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continued payment of housing assistance subsidies for existing participants. However, as a condition of receiving this funding, HUD has restricted the GHA from leasing new applicants from the waiting list. As a result, leasing activity has been paused until the budgetary situation improves either through attrition or additional HUD funding.
Due to the budgetary constraints, the GHA has also been unable to lease 224 out of its full HUD-authorized voucher allocation. As of February 1, 2026, the Glendale Section 8 Program portfolio includes a total of 2,578 Housing Choice Vouchers, comprised of 1,377 Glendale-HCV vouchers, 950 Portable vouchers, 188 EHV vouchers, 38 Fair Share Vouchers, 13 VASH vouchers and 12 Mainstream vouchers.
Operation and Management:
F inancial R esources R equired to F ully F und A ll P rograms Programs Total Vouchers Funding
Glendale HCV Voucher HAP $30,891,168
Glendale HCV Admin Fee $2,380,479
Glendale HCV Total 1,592 $33,271,647
VASH HAP $261,900
VASH Admin Fee $29,250
VASH Total 15 $291,150
Mainstream Voucher (MSV) $272,160
MSV Admin Fee $27,300
MSV Total 14 $299,460
Fair Share Voucher (FSV) $918,540
FSV Admin Fee $87,750
FSV Total 45 $1,006,290
Port HAP $18,696,000
Port Admin Fee $1,106,712
Port Total 950 $19,802,712
Total HAP $51,039,768
Total Admin Fee $3,631,491
GRAND TOTAL 2,616 $54,671,259
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The Emergency Housing Voucher (EHV) Program, established under the American Rescue Plan Act of 2021, was designed as a temporary federal initiative to provide housing assistance to households experiencing or at risk of homelessness. While originally anticipated to extend through the end of 2030, current federal projections indicate that the available funding will be depleted near the end of 2026 (i.e. September -December) due to increased subsidy costs.
The GHA currently administers EHV assistance to 188 households. In response to the anticipated, EHV program sunsetting, the City proactively developed a potential strategy with action steps. On April 28, 2026, the City Council directed staff to utilize local assets of approximately $2.0 M in federal HOME and local Measure A funds for temporary funding assistance and to provide eleven dwelling units at the Park View senior housing project to eligible households. Staff will continue monitoring HUD resources and potential federal and state program solutions to provide continued temporary assistance to EHV households.
Progress Report:
The Housing Authority has made measurable progress toward the goals outlined in the 5-Year Plan, with a continued focus on program compliance, operational efficiency, and housing stability for participants.
Section Eight Management Assessment Program (SEMAP):
SEMAP is HUD’s performance measurement system used to evaluate the effectiveness of the Housing Choice Voucher program administration. SEMAP assesses key areas including leasing, rent determinations, inspections, financial management, and regulatory compliance. Housing Authorities are scored based on specific indicators and designated as High Performer, Standard Performer, or Troubled based on their overall performance.
For FY 2024–25, the GHA earned a perfect score of 130 points in HUD’s SEMAP and maintained the designation of a High Performer agency.
Review and Update Payment Standards:
Payment standards were reviewed and adjusted in 2025 to remain within the HUD- required range. The median payment standards were set at 93% of Small Area Fair Market Rents to balance the affordability of quality units with the current budgetary constraints.
PAYMENT STANDARDS
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Zip Codes 0 Bedroom 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 91201 $1,980 $2,240 $2,830 $3,589 $3,960
91202 $2,011 $2,257 $2,840 $3,589 $3,968
91203 $1,957 $2,207 $2,798 $3,589 $3,960
91204 $1,955 $2,207 $2,798 $3,589 $3,960
91205 $2,000 $2,240 $2,830 $3,589 $3,960
91206 $2,057 $2,302 $2,867 $3,631 $4,050
91207 $2,029 $2,280 $3,000 $3,636 $4,032
91208 $2,075 $2,321 $2,880 $3,667 $4,086
91214 $2,184 $2,448 $3,200 $3,868 $4,304
91020 $1,955 $2,240 $2,800 $3,589 $3,960
91210 $2,511 $2,808 $3,546 $4,509 $4,995
91046 $2,148 $2,412 $3,003 $3,804 $4,241
Maintain Housing Quality:
The Housing Authority conducted 1,445 Housing Quality Standards (HQS) inspections between July 2025 and January 2026 to ensure units meet HUD requirements for decent, safe, and sanitary housing. Quality control inspections were also performed to maintain consistency and accuracy.
Maintain Internal Controls:
The GHA maintained a robust quality control program to ensure regulatory compliance of rent determinations. A sample of work completed by Section 8 caseworkers was reviewed along with 100 percent of all work completed by trainees to ensure consistency and accuracy.
Staff Development and Training:
Section 8 staff participated in a range of professional training opportunities, covering topics including financial management, SEMAP compliance, portability, and SAFMR implementation.
Conduct Marketing and Outreach:
The GHA hosted an Owner Appreciation and Outreach Event designed to strengthen relationships with existing property owners and promote participation in the Section 8 program. Housing staff engaged with owners, highlighted the benefits of being a Section 8 housing provider, addressed common misconceptions about the program and responded to owner questions.
Supportive Services and Housing Stability:
Collaboration with Glendale Continuum of Care (CoC) partners remains ongoing to 7 of 1125
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support participants with complex needs. The Housing Authority is expanding partnerships through the planned funding of a dedicated case manager position at Gateways Hospital and Mental Health Center to support participants with behavioral health needs.
2026 Administrative Plan:
The GHA conducted a comprehensive review of its Administrative Plan (Exhibit 2) and updated policy language to improve clarity and incorporate HUD regulatory changes. No significant discretionary policy changes were made. The revised Administrative Plan is scheduled to become effective June 1, 2026, ensuring that the program remains aligned with current federal requirements.
STAKEHOLDERS/OUTREACH
In accordance with Section 5A of the United States Housing Act of 1937 (USHA), as amended by Section 511 of the Quality Housing and Work Responsibility Act of 1998, a Notice of Public Hearing, for this Public Hearing, was published on March 19, 2026, for the required 45-day public comment period in the Glendale Independent.
In addition to meeting with the Resident Advisory Board, the updated policy documents were made available on the Housing webpage and available to interested parties via mail or email during the required public comment period. Staff received public comments in support of the EHV program (Exhibit 6).
FISCAL IMPACT
There is no current fiscal impact. However, the anticipated funding is subject to HUD’s final award amounts and will be appropriated during the FY 2026-27 budget process.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action of Adopting and Authorizing the Submission of the Fiscal Year 2026-27 Public Housing Agency Annual Plan and 2026 Section 8 Administrative Plan to the U.S.
Department of Housing and Urban Development (HUD): (1) is exempt from further environmental review under the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations (“CEQA Guidelines”) Section 15061(b)(3) (common sense exemption), as it can be seen with certainty that there is no possibility that the action(s) will have a significant effect on the environment; and (2) is not a project under CEQA Guidelines Sections 15060(c)(3) and 15378(b)(4) because it constitutes a governmental fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Each of the foregoing provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall basis for CEQA compliance.
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements. 8 of 1125
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ALTERNATIVES TO STAFF RECOMMENDATION
Do not adopt a resolution authorizing the approval of the Glendale Housing Agency Section 8 Fiscal Year 2026-27 Annual Plan, and 2026 Section 8 Administrative Plan, required by HUD. This alternative is not recommended, as this will result in the GHA being out of compliance, which will likely result in a punitive action by HUD.
ADMINISTRATIVE ACTION
Submitted by:
Jack Wong, Acting Director of Community Development
Prepared by:
Michael Fortney, Acting Assistant Director of Community Development/Housing Edgar Akopyan, Senior Housing Analyst
Approved by:
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
Exhibit 1: Section 8 Annual PHA Plan FY 2026-27
Exhibit 2: 2026 Section 8 Administrative Plan
Exhibit 3: Resident Advisory Board Meeting Minutes
Exhibit 4: Certification of Compliance with PHA Plans and Related Regulations Exhibit 5: Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan
Exhibit 6: Public Comments
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1 RESOLUTION NO. ______________
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF GLENDALE
ADOPTING AND AUTHORIZING THE SUBMISSION OF THE PUBLIC HOUSING AGENCY FISCAL YEAR 2026-27 ANNUAL PLAN, AND THE 2026 SECTION 8 ADMINISTRATIVE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
WHEREAS, the Housing Authority is required to hold a public hearing to receive testimony on a proposed Annual Plan for fiscal year 2026-27 (“Annual Plan”), and its 2026 Section 8 Administrative Plan (“Administrative Plan”), regarding the Section 8 Housing Choice Voucher Program; and
WHEREAS, the Section 8 Resident Advisory Board has reviewed the Annual Plan and the Administrative Plan.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF GLENDALE, CALIFORNIA THAT:
SECTION 1. The Annual Plan for Fiscal Year 2026-27, and the 2026 Administrative Plan are hereby adopted and approved.
SECTION 2. The Executive Director is authorized to submit the Annual Plan, and the 2026 Administrative Plan to the United States Department of Housing and 10 of 1125
2 Urban Development and to execute the necessary documents and certifications in connection therewith.
Adopted this ______ day of ______________________, 2026
________________________________
Chair of the Housing Authority
of the City of Glendale
ATTEST:
Clerk of the Housing Authority
of the City of Glendale
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF GLENDALE )
I, ____________________, Clerk of the Housing Authority of the City of Glendale, do hereby certify that the foregoing Resolution No. ________ was adopted by the Housing Authority of the City of Glendale, at a regular meeting of the Housing Authority held on the __________ day of ________________, 2026, and that same was adopted by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Clerk of the Housing Authority
of the City of Glendale
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Previous version is obsolete Page 1 of 7 form HUD-50075-HCV (9/30/2027)
Status: Created
Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 9/30/2027
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services. They also inform HUD, families served by the PHA, and members of the public of the PHA’s mission, goals, and objectives for serving the needs of low-, very low-, and extremely low- income families.
Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1) High-Performer PHA - A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers (HCVs) and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, SEMAP for PHAs that only administer tenant-based assistance and/or project-based assistance, or PHAS if only administering public housing.
(2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or HCVs combined and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: Housing Authority of the City of Glendale PHA Code: CA114 PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2026
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1652
PHA Plan Submission Type: Annual Submission Revised Annual Submission Public Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA and should make documents available electronically for public inspection upon request. PHAs are strongly encouraged to post complete PHA Plans on their official websites and to provide each resident council with a copy of their PHA Plans.
How the public can access this PHA Plan: Housing Department Front Counter, 141 N Glendale Ave #202, Glendale, Ca 91206 Online at: www.glendaleca.gov/government/departments/community-development/housing/housing-section- 8-program. The plan is also available by emailing: Edgar Akopyan at [email protected] PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the
Consortia
Program(s) not in the
Consortia
No. of Units in Each
Program
B. Plan Elements.
B.1 Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.
Exhibit 1
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Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):
Financial Resources:
Financial Resources Required to Fully Fund All Programs
Programs Total Vouchers Funding
Glendale HCV Voucher HAP $30,891,168
Glendale HCV Admin Fee $2,380,479
Glendale HCV Total 1,592 $33,271,647
VASH HAP $261,900
VASH Admin Fee $29,250
VASH Total 15 $291,150
Mainstream Voucher (MSV) $272,160
MSV Admin Fee $27,300
MSV Total 14 $299,460
Fair Share Voucher (FSV) $918,540
FSV Admin Fee $87,750
FSV Total 45 $1,006,290
Port HAP $18,696,000
Port Admin Fee $1,106,712
Port Total 950 $19,802,712
Total HAP $51,039,768
Total Admin Fee $3,631,491
GRAND TOTAL 2,616 $54,671,259
Exhibit 1
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Previous version is obsolete Page 3 of 7 form HUD-50075-HCV (9/30/2027) Operation and Management:
Projected Early Depletion of Emergency Housing Voucher (EHV) Program Funding Background of the EHV Program:
The Emergency Housing Voucher (EHV) Program was established in 2021 under the American Rescue Plan Act of 2021 in response to housing instability associated with the COVID-19 pandemic. The program was designed as a temporary initiative with funding originally projected through 2030. Through this effort, the U.S. Department of Housing and Urban Development (HUD) allocated approximately 70,000 tenant -based vouchers nationwide to assist households experiencing homelessness, those at risk of homelessness, and i ndividuals fleeing domestic violence. The Glendale Housing Authority (GHA) received an allocation of 225 vouchers. While the full allocation was initially leased, the program currently serves 188 households due to natural attrition.
Shift in Timeline and Current Program Status:
Despite the original funding horizon of 2030, updated national projections indicate that EHV program funds are expected to be depleted by calendar year 2026. The earlier than expected depletion of funds is largely attributable to rapid initial lease-up rates and higher-than-anticipated rent subsidies driven by rising housing costs nationwide.
EHV Program Outlook in Glendale:
Increased subsidy costs have affected both the EHV and the regular Housing Choice Voucher program. Increased expenditures have contributed to the Section 8 program entering shortfall status and temporarily suspending leasing from the waiting list. Under current financial conditions, the GHA does not have the capacity to absorb EHV participants into the regular voucher program.
GHA Response:
In preparation for the projected loss of EHV funding, the GHA has notified participants to support advance planning. The GHA will coordinate closely with the Homeless Continuum of Care (CoC) Program to identify and pursue alternative housing resources. At the same time, the GHA is expanding service partnerships, including collaboration with Gateways Hospital and Mental Health Center to provide targeted case management for participants with behavioral health needs.
In addition, the GHA continues to advocate for supplemental EHV funding at the state and federal levels through its participation in professional housing organizations, including National Association of Housing and Redevelopment Officials (NAHRO), California Association of Housing Authorities (CAHA), and Public Housing Authorities Directors Association (PHADA).
B.2 New Activities.
(a) Does the PHA intend to undertake any new activities related to the following in the PHA's applicable Fiscal Year? Y N
Project-Based Vouchers
(b) If Project-Based Voucher (PBV) activities are planned for the applicable Fiscal Year, provide the projected number of PBV units and general locations, and describe how project-basing would be consistent with the PHA Plan.
B.3 Progress Report.
Provide a description of the PHA's progress in meeting its Mission and Goals described in its 5-Year PHA Plan. 1) Optimize Leasing and Subsidy Allocation: Maintain a balanced leasing rate to maximize program participation while ensuring sufficient rent subsidies are provided for Section 8 applicants and recipients to afford decent, safe, and sanitary housing.
Progress Report: Since December 2024, the GHA has operated in shortfall status due to expenditures exceeding the available budget authority. During this period, the GHA has successfully applied for and received shortfall funding from HUD to ensure continued payment of housing assistance subsidies for existing participants. However, as a condition of receiving this funding, HUD has restricted the GHA from leasing new applicants from the waiting list. As a result, leasing activity has been halted, and the GHA has been unable to fully utilize its HUD-authorized voucher allocation. (see Voucher Allocation and Utilization Summary below).
Exhibit 1
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Voucher Allocation and Utilization Summary
Voucher Program Voucher Allocation Vouchers Under Lease Unfunded Vouchers Glendale HCV 1592 1377 215
Fair Share 45 38 7
Mainstream 14 12 2
Total 1651 1427 224
2) Achieve High Performer Designation in SEMAP: Strive to achieve and maintain a “High Performer” designation in HUD’s Section Eight Management Assessment Program (SEMAP).
Progress Report: For FY2024-2025, the GHA earned a High Performer designation in HUD’s Section Eight Management Assessment Program (SEMAP), earning a perfect score of 130 out of 130 possible points.
3) Update Administrative Plan Policies: Regularly review and update policies in the Administrative Plan to implement regulatory and policy changes in a timely manner.
Progress Report: The GHA conducted a review of its Administrative Plan and updated program policies to reflect recent HUD regulatory changes. The revised Administrative Plan is scheduled to take effect on June 1, 2026.
4) Review and Update Payment Standards: Periodically review and update payment standards to ensure they remain within 90 to 110 percent of Small Area Fair Market Rents (SAFMRs) and are sufficient to enable Section 8 applicants and recipients to afford decent, safe, and sanitary housing.
Progress Report: In 2025, the GHA reviewed and updated its payment standards in compliance with HUD requirements to remain within 90 to 110 percent of Small Area Fair Market Rents (SAFMRs). Due to current budgetary constraints, median payment standards were established at 93 percent of SAFMRs. While set toward the lower end of the allowable range, the payment standards continue to support participant leasing activity and enable households to secure decent, safe, and sanitary housing, as demonstrated by ongo ing participant moves.
5) Maintain Housing Quality: Ensure Section 8 units meet HUD’s standards for being decent, safe, and sanitary.
Progress Report: From July 1, 2025, through January 31, 2026, the GHA conducted a total of 1,445 Housing Quality Standards (HQS) inspections to ensure Section 8 units met HUD requirements for decent, safe, and sanitary housing. In addition, supervisory Quality Control inspections were performed to verify inspection accuracy and ensure consistent application of HUD standards.
6) Maintain Internal Controls: Maintain robust internal controls to reduce errors in rent determinations.
Progress Report: The GHA implemented ongoing Quality Control reviews of Section 8 participant files to verify the accuracy and regulatory compliance of rent determinations. As part of internal controls, all rent determinations completed by newly trained staff were subject to 100 percent supervisory review during the training period. In addition, proposed rent increases were reviewed to confirm that rents were reasonable and comparable to similar units in the community.
7) Provide Training Opportunities for Section 8 Staff: Offer professional and internal training on HUD regulations, policies, and procedures to ensure program compliance and the adoption of industry best practices in administering the Section 8 program.
Progress Report: The GHA provided professional and internal training opportunities to Section 8 staff to support program compliance and the adoption of industry best practices. Management -level staff participated in the following external training courses and conferences:
• Emphasys Engage 2025, hosted by Emphasys, which included training on Small Area Fair Market Rents (SAFMRs), voucher program updates, portability, and system functionality. • PHA Operations for New Executive Leaders, offered by National Association of Housing and Redevelopment Officials (NAHRO), covering budgets and operating subsidies, capital funds, ACOPs and Administrative Plans, waiting lists, program decision-making, and human resources. • HCV Portability, offered by NAHRO, providing detailed guidance on portability eligibility, roles of initial and receiving PHAs, required documentation, and special portability considerations under VAWA, reasonable accommodations, and VASH.
• HCV Financial Management, offered by Nan McKay and Associates, Inc., focusing on budgeting, Exhibit 1
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Previous version is obsolete Page 5 of 7 form HUD-50075-HCV (9/30/2027) cash management, financial reporting, and HUD compliance requirements. • SEMAP Self-Assessment, offered by Nan McKay and Associates, Inc., providing guidance on conducting internal assessments of SEMAP compliance.
In addition, senior staff provided comprehensive in-house training to newly hired Section 8 caseworkers, with 100 percent quality control review of their work conducted throughout the training period. 8) Pursue New Funding Opportunities and Additional Vouchers: Apply for new Notices of Funding Availability (NOFAs) and advocate for additional vouchers to expand affordable housing programs whenever opportunities arise.
Progress Report: During this fiscal year, no new Notices of Funding Availability (NOFAs) or voucher expansion opportunities applicable to the GHA were issued. The GHA continued to advocate for additional vouchers and expanded affordable housing resources through its partic ipation in regional, state, and national housing organizations (see Item #12).
9) Enhance Portability Processes: Maintain a streamlined portability transfer processes, enabling families to be issued vouchers, search for units, and lease up in their desired neighborhoods as quickly as possible.
Progress Report: The GHA maintained a streamlined portability process designed to facilitate timely voucher issuance, unit search, and lease-up for port-in families. A single point of contact was designated for all incoming portability cases, promoting consistent communication and efficient processing. Port-in participants received vouchers promptly, and once suitable units were identified, inspections were scheduled and completed expeditiously, allowing households to move in while lease-up documentation was finalized with property owners.
10) Perform Payment Reconciliations: Conduct periodic reconciliations of incoming portability housing assistance payments to ensure accuracy and accountability.
Progress Report: A designated staff member conducts ongoing reconciliations of incoming portability housing assistance payments for vouchers administered by the GHA to verify accuracy and maintain financial accountability.
11) Process Waiting List Updates Promptly: Ensure timely processing of applicant-reported updates for the Section 8 waiting list to facilitate quicker qualification when applicants are pulled from the list.
Progress Report: The GHA processed applicant-reported waiting list updates promptly upon receipt to ensure that current and accurate information was used when determining preference points and applicant eligibility at the time of selection.
12) Participate in Housing Organizations: Maintain membership and active participation in housing organizations to stay informed about regulatory updates, industry trends, and best practices.
Progress Report: The GHA maintained active membership and participation in professional housing organizations to remain informed of regulatory updates, industry trends, and best practices. During the reporting period, the GHA participated in the following organizations:
• National Association of Housing and Redevelopment Officials (NAHRO) • Southern California National Association of Housing and Redevelopment Officials (So -Cal NAHRO)
• California Association of Housing Authorities (CAHA)
• Public Housing Authorities Directors Association (PHADA) • Southern California Association of Nonprofit Housing (SCANPH) 13) Conduct Marketing and Outreach: Conduct program marketing and landlord outreach events to attract new property owners to the Section 8 program while maintaining strong relationships with existing landlords.
Progress Report: On May 29, 2025, the GHA hosted an Owner Appreciation and Outreach Event designed to strengthen relationships with existing property owners and promote participation in the Section 8 program among prospective landlords. The event, held at Forest Lawn Museum, included a museum tour and provided opportunities for property owners to engage directly with Housing staff and City officials regarding program participation and benefits.
14) Strengthen Partnerships with Glendale Continuum of Care (CoC) Agencies: Collaborate with the Glendale Continuum of Care (CoC) and its partner agencies to support Section 8 participants with special needs, ensuring program compliance and long-term housing stability.
Progress Report: The GHA collaborated closely with the Glendale Continuum of Care (CoC) partner agencies to support participants with complex and special needs. CoC partner staff conducted in -person wellness checks, assisted with required documentation, and provided suppor t to address sanitary and housing stability challenges, helping ensure continued program compliance and participant well -being.
In addition, the GHA is expanding its partnerships with external service providers to strengthen long -term housing stability, particularly in preparation for the Emergency Housing Voucher (EHV) program winddown.
Exhibit 1
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Previous version is obsolete Page 6 of 7 form HUD-50075-HCV (9/30/2027) The GHA is in the process of finalizing a contract to fund a dedicated case manager position with Gateways Hospital and Mental Health Center. The case manager will collaborate with Housing and Homeless Services staff to provide intensive mental health support, daily case management, and care coordination aimed at improving housing stability for participants with behavioral health needs.
B.4 B.4 Capital Improvements. - Not Applicable
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N N/A
(b) If yes, please describe:
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) Comments.
Exhibit 1
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(a) Did the RAB(s) have comments to the PHA Plan?
Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
RAB members expressed the need for continued focus on affordable housing in Glendale and asked questions regarding program funding, rent determinations, rent increases, waiting list status, and the status of the Emergency Housing Voucher (EHV) program. No specific recommendations were made. See attached meeting minutes.
C.2 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations
Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4 Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
(a) Did the public challenge any elements of the Plan?
Y N
(b) If yes, include Challenged Elements.
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S.
Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 4.52 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Reports Management Officer, REE, Department of Housing and Urban Development, 451 7th Street, SW, Room 4176, Washington, DC 20410-5000. When providing comments, please refer to OMB Approval No. 2577-0226. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
Form identification: CA114-Housing Authority of the City of Glendale Form HUD-50075-HCV (Form ID - 7323) printed by Arthur Bolbolian in HUD Secure Systems/Public Housing Portal at 02/05/2026 01:28PM EST
Exhibit 1
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HCV ADMINISTRATIVE
PLAN
Effective JUNE 1,
2026
HOUSING AUTHORITY OF THE CITY
OF GLENDALE
Exhibit 2
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HCV Administrative Plan
HCV Administrative Plan
HOUSING AUTHORITY OF THE CITY OF GLENDALE
• HOTMA Policy Implementation:
This administrative plan includes policy changes enacted by the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Implementation of certain income and asset provisions in Sections 102 and 104 of HOTMA requires the use of HUD's new Housing Information Portal (HIP). On September 18, 2024, HUD General Deputy Assistant Secretary Dominique Blom announced a delay in the implementation of the HIP system, which also postpones compliance with these specific sections of HOTMA.
HUD has guided Public Housing Authorities to adopt the HOTMA policies and to comply with Sections 102 and 104 once the HIP system is operational. The GHA will notify program participants of the new compliance date once it is established. In the meantime, the GHA will continue to use the 2018 Administrative Plan for the policies affected by this delay. • Implementation of NSPIRE Inspection Protocol:
The GHA has selected October 1, 2025, as the date to implement the new inspection protocol known as the National Standards for the Physical Inspection of Real Estate (NSPIRE). Until September 30, 2025, the GHA will continue to use the Housing Quality Standards (HQS) inspection protocol as outlined in the 2018 Administrative Plan.
Approved by the HA Board of Commissioners:
Submitted to HUD:
Copyright 2024 by Nan McKay & Associates, Inc.
All rights reserved
Permission to reprint g ran ted only to the P ubli c Housing Authority or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.
Exhibit 2
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ADMINISTRATIVE PLAN
FOR THE
HOUSING CHOICE VOUCHER PROGRAM
Product # 301-002
January 1, 2005
Revision Date Revision Date
September 1, 2005 October 1, 2015
May 1, 2006 March 1, 2016
December 1, 2006 March 1, 2017
July 1, 2007 July 1, 2017
August 1, 2008 July 1, 2018
November 1, 2008 June 1, 2019
October 1, 2009 April 1, 2020
August 1, 2010 March 1, 2021
May 1, 2011 April 1, 2022
April 1, 2012 September 1, 2023
April 1, 2013 January 1, 2024
May 1, 2014 August 1, 2024
October 1, 2014 February 1, 2025
1810 Gillespie Way, Suite 202
El Cajon, CA 92020
800.783.3100
www.nanmckay.com
Exhibit 2
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© Copyright 2025 by Nan McKay & Associates, Inc.
All rights reserved
Permission to reprint granted only to the Public Housing Authority that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.
Exhibit 2
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Introduction
HOTMA CHANGES IN THE ADMINISTRATIVE PLAN
HOTMA 102/104 ............................................................................................... Intro-i HOTMA Voucher Final Rule ........................................................................... Intro-ii
ABOUT THE ADMINISTRATIVE PLAN
References Cited in the Administrative Plan ................................................... Intro-iii HUD ................................................................................................................. Intro-iii NSPIRE and HQS in the Administrative Plan ................................................. Intro-iv HOTMA Sections 102 And 104 Changes in the Model Policy ....................... Intro-iv HOTMA Voucher Final Rule Changes in the Model Policy ............................ Intro-v Resources Cited in the Administrative Plan ..................................................... Intro-v Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA ................................................................................................................ 1-2 1-I.A. Overview ................................................................................................. 1-2 1-I.B. Organization and Structure of the PHA .................................................. 1-2 1-I.C. PHA Mission .......................................................................................... 1-2 1-I.D. The PHA’s Programs .............................................................................. 1-3 1-I.E. The PHA’s Commitment to Ethics and Service ..................................... 1-3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ................................. 1-4 1-II.A. Overview and History of the Program .................................................... 1-4 1-II.B. HCV Program Basics .............................................................................. 1-6 1-II.C. The HCV Partnerships ............................................................................ 1-7 The HCV Relationships: ................................................................... 1-8 What Does HUD Do? ....................................................................... 1-9 What Does the PHA Do? .................................................................. 1-9 What Does the Owner Do? ............................................................. 1-10 What Does the Family Do? ............................................................. 1-11 1-II.D. Applicable Regulations ......................................................................... 1-12 PART III: THE HCV ADMINISTRATIVE PLAN ............................................................... 1-13 1-III.A. Overview and Purpose of the Plan ........................................................ 1-13 1-III.B. Contents of the Plan (24CFR 982.54) ................................................... 1-13 Mandatory vs. Discretionary Policy ............................................... 1-15 1-III.C. Organization of the Plan ....................................................................... 1-15 1-III.D. Updating and Revising the Plan ........................................................... 1-15 Exhibit 2
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Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: NONDISCRIMINATION....................................................................................... 2-2 2-I.A. Overview ................................................................................................. 2-2 2-I.B. Nondiscrimination .................................................................................. 2-3 Providing Information to Families and Owners ............................... 2-4 2-1.C Discrimination Complaints ..................................................................... 2-5 General Housing Discrimination Complaints ................................... 2-5 Complaints under the Equal Access Final Rule
[Notice PIH 2014-20] ....................................................................... 2-5 VAWA Complaint Processing [Notice FHEO 2023-01].................. 2-6 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ............................. 2-7 2-II.A. Overview ................................................................................................. 2-7 2-II.B. Definition of Reasonable Accommodation ............................................ 2-8 Types of Reasonable Accommodations ............................................ 2-8 2-II.C. Request for an Accommodation ............................................................. 2-9 2-II.D. Verification of Disability ...................................................................... 2-10 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]. ............................................................................ 2-11 2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments ......................................................................... 2-12 2-II.G. Physical Accessibility ........................................................................... 2-13 2-II.H. Denial or Termination of Assistance .................................................... 2-14 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) ....................................................................... 2-15 2-III.A. Overview ............................................................................................... 2-15 2-III.B. Oral Interpretation ................................................................................ 2-16 2-III.C. Written Translation ............................................................................... 2-16 2-III.D. Implementation Plan ............................................................................. 2-18 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201] ............................... 2-19 Exhibit 2
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Chapter 3
ELIGIBILITY
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.......................... 3-2 3-I.A. Overview ................................................................................................. 3-2 3-I.B. Family and Household [24 CFR 5.403; FR Notice 02/03/12; Notice PIH 2014-20; FR Notice 2/14/23] ............................................... 3-2 Family ............................................................................................... 3-2 Household ......................................................................................... 3-2 3-I.C. Family Breakup and Remaining Member of Tenant Family .................. 3-3 Family Breakup [24 CFR 982.315; Notice PIH 2017-08] ................ 3-3 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3-4 3-I.D. Head of Household [24 CFR 5.504(b)] .................................................. 3-4 3-I.E. Spouse, Cohead, and Other Adult .......................................................... 3-4 3-I.F. Dependents and Minors [24 CFR 5.603] ................................................ 3-5 Joint Custody of Dependents ............................................................ 3-5 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................... 3-6 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]..................................... 3-6 Elderly Persons ................................................................................ 3-6 Near-Elderly Persons ........................................................................ 3-6 Elderly Family .................................................................................. 3-6 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] ............................................................................... 3-7 Persons with Disabilities................................................................... 3-7 Disabled Family ................................................................................ 3-7 3-I.J. Guests [24 CFR 5.100] ........................................................................... 3-7
3.I.K. Foster Children and Foster Adults [24 CFR 5.603] ................................ 3-8 3-I.L. Absent Family Members ......................................................................... 3-8 Definitions of Temporarily and Permanently Absent ....................... 3-8 Absent Students ................................................................................ 3-8 Absences Due to Placement in Foster Care [24 CFR 5.403] ............ 3-9 Absent Head, Spouse, or Cohead ..................................................... 3-9 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] ........................................................................... 3-9 Return of Permanently Absent Family Members ............................. 3-9 3-I.M. Live-In Aide .......................................................................................... 3-10 Exhibit 2
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PART II: BASIC ELIGIBILITY CRITERIA ....................................................................... 3-11 3-II.A. Income Eligibility and Targeting .......................................................... 3-11 Income Limits ................................................................................. 3-11 Definitions of the Income Limits [24 CFR 5.603(b)] ..................... 3-11 Using Income Limits for Eligibility [24 CFR 982.201]
and Notice PIH 2023-27 ................................................................. 3-11 Using Income Limits for Targeting [24 CFR 982.201] .................. 3-12 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3-13 Declaration [24 CFR 5.508] ........................................................... 3-13 Mixed Families ............................................................................... 3-14 Ineligible Families [24 CFR 5.514(d), (e), and (f)] ........................ 3-14 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] .......................................................................... 3-15 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2018-24] ............................................................................. 3-15 3-II.D. Family Consent to Release of Information [24 CFR 5.230, 24 CFR 5.232, and HCV GB, p. 5-13] ................................................. 3-15 3-II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]...................... 3-16 Definitions ...................................................................................... 3-16 Determining Student Eligibility ...................................................... 3-20 3-II.F. EIV System Searches [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27] ...................................................................... 3-21 Existing Tenant Search ................................................................... 3-21 Debts Owed to PHAs and Terminations ......................................... 3-22 EIV Income Report ......................................................................... 3-22 Exhibit 2
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PART III: DENIAL OF ASSISTANCE ................................................................................ 3-23 3-III.A. Overview ............................................................................................... 3-23 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ........ 3-24 Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), 24 CFR 5.2005(b)] ....................................... 3-24 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a) and 24 CFR 982.552(b)(6)] .................................................................. 3-25 3-III.C. Restriction on Assistance Based on Assets [24 CFR 5.618] ................ 3-26 3-III.D. Other Permitted Reasons for Denial of Assistance ................................. 3-28 Criminal Activity [24 CFR 982.553] .............................................. 3-28 Previous Behavior in Assisted Housing [24 CFR 982.552(c)] ....... 3-29 3-III.E. Screening .............................................................................................. 3-31 Screening for Eligibility ................................................................. 3-31 Screening for Suitability as a Tenant [24 CFR 982.307] ................ 3-32 3-III.F. Criteria for Deciding to Deny Assistance ............................................. 3-33 Evidence [24 CFR 982.553(c)] ....................................................... 3-33 Consideration of Circumstances [24 CFR 982.552(c)(2)] .............. 3-33 Removal of a Family Member's Name from the Application......... 3-35 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ............. 3-35 3-III.G. Notice of Eligibility or Denial .............................................................. 3-36 3-III.H. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking.
and Human Trafficking ......................................................................... 3-37 Notification ..................................................................................... 3-37 Documentation ................................................................................ 3-38 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3-39 Person with Disabilities [24 CFR 5.403] ........................................ 3-39 Individual with Handicaps [24 CFR 8.3] ........................................ 3-41 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] ........... 3-42 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ...................................... 3-42 Exhibit 2
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Chapter 4
APPLICATIONS, WAITING LIST AND TENANT SELECTION
PART I: THE APPLICATION PROCESS ........................................................................... 4-2 4-I.A. Overview ................................................................................................. 4-2 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] .................................. 4-3 4-I.C. Accessibility of the Application Process ................................................ 4-4 Elderly and Disabled Populations [24 CFR 8 and HCV GB,
pp. 4-11 – 4-13] ................................................................................ 4-4 Limited English Proficiency ............................................................. 4-4 4-I.D. Placement on the Waiting List ................................................................ 4-5 Ineligible for Placement on the Waiting List .................................... 4-5 Eligible for Placement on the Waiting List ...................................... 4-6 PART II: MANAGING THE WAITING LIST...................................................................... 4-7 4-II.A. Overview ................................................................................................. 4-7 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205] ................ 4-7 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206] ..................... 4-8 Closing the Waiting List ................................................................... 4-8 Reopening the Waiting List .............................................................. 4-8 4-II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4] ........................................... 4-9 4-II.E. Reporting Changes in Family Circumstances ....................................... 4-10 4-II.F. Updating the Waiting List [24 CFR 982.204] ...................................... 4-11 Purging the Waiting List ................................................................. 4-11 Removal from the Waiting List ...................................................... 4-12 PART III: SELECTION FOR HCV ASSISTANCE ............................................................. 4-13 4-III.A. Overview ............................................................................................... 4-13 4-III.B. Selection and HCV Funding Sources ................................................... 4-13 Special Admissions [24 CFR 982.203] .......................................... 4-13 Targeted Funding [24 CFR 982.204(e)] ......................................... 4-13 Regular HCV Funding .................................................................... 4-13 4-III.C. Selection Method .................................................................................. 4-14 Local Preferences [24 CFR 982.207; HCV p. 4-16] ...................... 4-14 Income Targeting Requirement [24 CFR 982.201(b)(2)] ............... 4-17 Order of Selection ........................................................................... 4-17 4-III.D. Notification of Selection ....................................................................... 4-17 4-III.E. The Application Interview .................................................................... 4-18 4-III.F. Completing the Application Process .................................................... 4-20 Exhibit 2
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Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS ...................................................... 5-1 5-I.A. Overview ................................................................................................. 5-1 5-I.B. Briefing [24 CFR 982.301] ..................................................................... 5-2 Notification of Briefing .................................................................... 5-2 In-Person Briefings ........................................................................... 5-2 Remote Briefings [Notice PIH 2020-32] .......................................... 5-3 Accessibility Requirements for Persons with
Disabilities and LEP Individuals ...................................................... 5-3 Conducting Remote Briefings .......................................................... 5-4 Oral Briefing [24 CFR 982.301(a)] .................................................. 5-5 Briefing Packet [24 CFR 982.301(b); New HCV GB,
Housing Search and Leasing, p. 7] ................................................... 5-6 Additional Items to be Included in the Briefing Packet ................... 5-8 5-I.C. Family Obligations ................................................................................ 5-9 Time Frames for Reporting Changes Required
by Family Obligations ...................................................................... 5-9 Family Obligations [24 CFR 982.551] ............................................. 5-9 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .................................. 5-13 5-II.A. Overview ............................................................................................... 5-13 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] .............. 5-13 5-II.C. Exceptions to Subsidy Standards .......................................................... 5-15 5-II.D. Voucher Issuance [24 CFR 982.302] .................................................... 5-16 5-II.E. Voucher Term and Extensions.............................................................. 5-17 Voucher Term [24 CFR 982.303] ................................................... 5-17 Extensions of Voucher Term [24 CFR 982.303(b)] ....................... 5-17 Suspensions of Voucher Term [24 CFR 982.303(c)] ..................... 5-19 Expiration of Voucher Term ........................................................... 5-19 Exhibit 2
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Chapter 6.A.
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME ............................................................................................... 6-2 6-I.A. Overview ................................................................................................. 6-2 6-I.B. Household Composition and Income ...................................................... 6-3 Summary of Income Included and Excluded by Person ................... 6-3 Temporarily Absent Family Members .............................................. 6-4 Family Members Permanently Confined for Medical Reasons ........ 6-5 Joint Custody of Dependents ............................................................ 6-5 Caretakers for a Child ....................................................................... 6-6 6-I.C. Anticipating Annual Income .................................................................. 6-7 Basis of Annual Income Projection .................................................. 6-7 Projecting Income ............................................................................. 6-8 6-I.D. Earned Income ........................................................................................ 6-9 Types of Earned Income Included in Annual Income ...................... 6-9 Types of Earned Income Not Counted in Annual Income ............. 6-10 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023 27] ..................................... 6-11 Calculation of the Disallowance ..................................................... 6-11 Calculation Method ........................................................................ 6-11 6-I.F. Business Income [24 CFR 5.609(b)(28) as updated for HOTMA; Notice PIH 2023-27)] ........................................................................... 6-12 Independent Contractors ................................................................. 6-12 Business Expansion ........................................................................ 6-12 Capital Indebtedness ....................................................................... 6-13 Negative Business Income .............................................................. 6-13 Withdrawal of Cash or Assets from a Business .............................. 6-13 Co-owned Businesses ..................................................................... 6-13 6-I.G. Student Financial Assistance [FR Notice 2/14/23 and Notice PIH 202327] .............................................................................. 6-14 Introduction ..................................................................................... 6-14 HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(9)] ...................................................................... 6-14 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27] ....................................................................... 6-16 6-I.H. Periodic Payments [Notice PIH 2023-27] ............................................ 6-20 Lump-Sum Payments for the Delayed Start of a Periodic
Payment [24 CFR 5.609(b)(16) as updated for HOTMA] ............. 6-21 Retirement Accounts [24 CFR 5.609(b)(26) as updated
for HOTMA; Notice PIH 2023-27] ................................................ 6-21 Social Security Benefits [Notice PIH 2023-27].............................. 6-21 Exhibit 2
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6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) as updated for HOTMA and Notice PIH 2023-27] ................................................ 6-22 6-I.J. State Payments to Allow Individuals with Disabilities to Live at Home [24 CFR 5.609(b)(19) as updated for HOTMA] ........... 6-24 6-I.K. Civil Rights Settlements [24 CFR 5.609(b)(25)
as updated for HOTMA; FR Notice 2/14/23] ....................................... 6-24 6-I.L. Additional Exclusions from Annual Income [24 CFR 5.609(b) as updated for HOTMA; FR Notice 1/31/2024] ................................... 6-25 6-I.M. Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] ................................... 6-31 Overview ......................................................................................... 6-31 General Policies .............................................................................. 6-31 Types of Assets ............................................................................... 6-35 6-I.N. Welfare Assistance ............................................................................... 6-40 Overview ......................................................................................... 6-40 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-40 6-I.O. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)] ............ 6-41 Alimony and Child Support ............................................................ 6-41 PART II: ADJUSTED INCOME.......................................................................................... 6-42 6-II.A. Introduction ........................................................................................... 6-42 Overview ......................................................................................... 6-42 Anticipating Expenses .................................................................... 6-43 6-II.B. Dependent Deduction ........................................................................... 6-44 6-II.C. Elderly or Disabled Family Deduction ................................................. 6-44 6-II.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b) as updated for HOTMA] ........... 6-45 Definition of Medical Expenses...................................................... 6-45 Summary of Allowable Medical Expenses from IRS
Publication 502 ............................................................................... 6-46 Families That Qualify for Both health and Medical Care
and Disability Assistance Expenses................................................ 6-46 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-47 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-47 Eligible Disability Expenses ........................................................... 6-48 Necessary and Reasonable Expenses .............................................. 6-49 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-49 6-II.F. Childcare Expense Deduction ............................................................... 6-50 Clarifying the Meaning of Child for This Deduction ..................... 6-50 Qualifying for the Deduction .......................................................... 6-50 Earned Income Limit on Childcare Expense Deduction ................ 6-51 Eligible Childcare Expenses ........................................................... 6-52 Exhibit 2
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PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6-53 6-III.A. Overview of Rent and Subsidy Calculations ........................................ 6-53 TTP Formula [24 CFR 5.628] ........................................................ 6-53 Family Share [24 CFR 982.305(a)(5)] ............................................ 6-53 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-54 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6-54 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-55 Overview ......................................................................................... 6-55 HUD-Defined Financial Hardship .................................................. 6-55 Implementation of Hardship Exemption ........................................ 6-56 6-III.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024-34] ............................................................................. 6-58 Overview ......................................................................................... 6-58 Changes in Payment Standards ....................................................... 6-59 Reasonable Accommodation [24 CFR 982.503(d)(5)] ................... 6-60 6-III.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6-61 Overview ......................................................................................... 6-61 Flat Fees [24 CFR 982.517(b)(2)(iii)] ............................................ 6-61 PBV Developments [24 CFR 982.517(b)(2)(iv)] ........................... 6-61 Reasonable Accommodation and Individual Relief ....................... 6-61 Utility Allowance Revisions ........................................................... 6-62 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6-63 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6-64 HHS Definition of "Assistance" ........................................................................... 6-65 Exhibit 6-2: Annual Income Exclusions ................................................................................... 6-67
Exhibit 6-3: Treatment of Family Assets .................................................................................. 6-72 Exhibit 6-4: The Effect of Welfare Benefit Reduction ............................................................. 6-73 Exhibit 2
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Chapter 6.B.
INCOME AND SUBSIDY DETERMINATIONS UNDER HOTMA 102/104
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME ............................................................................................... 6-2 6-I.A. Overview [24 CFR 5.609] ...................................................................... 6-2 6-I.B. Household Composition and Income ...................................................... 6-3 Overview ........................................................................................... 6-3 Summary of Income Included and Excluded by Person ................... 6-3 Temporarily Absent Family Members .............................................. 6-4 Family Members Permanently Confined for Medical Reasons ........ 6-5 Joint Custody of Dependents ............................................................ 6-5 Caretakers for a Child ....................................................................... 6-6 6-I.C. Calculating Annual Income ................................................................... 6-7 Anticipating Annual Income [24 CFR 5.609(c)(1)] ......................... 6-7 Calculating Annual Income at Annual Reexamination
[24 CFR.609(c)(2); Notice PIH 2023-27] ........................................ 6-8 6-I.D. Earned Income ........................................................................................ 6-9 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27] ..................................... 6-11 Calculation of the Disallowance ..................................................... 6-11 Calculation Method ........................................................................ 6-11 6-I.F. Business and Self-Employment Income [24 CFR 5.609(b)(28); Notice PIH 2023-27] ............................................................................. 6-12 Independent Contractors ................................................................. 6-12 Business Expansion ........................................................................ 6-12 Capital Indebtedness ....................................................................... 6-13 Negative Business Income .............................................................. 6-13 Withdrawal of Cash or Assets from a Business .............................. 6-13 Co-owned Businesses ..................................................................... 6-13 Assets Owned by a Business Entity................................................ 6-13 6-I.G. Student Financial Assistance [FR Notice 2/14/23
and Notice PIH 2023-27] ...................................................................... 6-14 Introduction ..................................................................................... 6-14 HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(9)] ...................................................................... 6-14 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27 ........................................................................ 6-16 Exhibit 2
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6-I.H. Periodic Payments ................................................................................ 6-20 Lump-Sum Payments for the Delayed Start of a
Periodic Payment [24 CFR 5.609(b)(16)] ...................................... 6-21 Retirement Accounts [24 CFR 5.609(b)(26);
Notice PIH 2023-27] ....................................................................... 6-21 Social Security Benefits [Notice PIH 2023-27].............................. 6-21 Alimony and Child Support ............................................................ 6-22 6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) and
Notice PIH 2023-27] ............................................................................. 6-23 6-I.J. Welfare Assistance ............................................................................... 6-24 Overview ......................................................................................... 6-24 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-24 6-I.K. State Payments to Allow Individuals with Disabilities to Live at Home [24 CFR 5.609(b)(19)] ................................................. 6-25 6-I.L. Civil Rights Settlements [24 CFR 5.609(b)(25);
FR Notice 2/14/23] ............................................................................... 6-25 6-I.M. Additional Exclusions From Annual Income
[24 CFR 5.609(b); FR Notice 1/31/2024] ............................................. 6-26 PART II: ASSETS ................................................................................................................ 6-33 6-II.A. Overview ............................................................................................... 6-33 6-II.B. Assets Disposed of for Less Than Fair Market Value [24 CFR 5.603(b)(2)] ............................................................................ 6-34 6-II.C. Asset Inclusions and Exclusions ........................................................... 6-35 6-II.D. Determining Income from Assets ......................................................... 6-43 PART III: ADJUSTED INCOME.......................................................................................... 6-45 6-III.A. Introduction ........................................................................................... 6-45 Overview ......................................................................................... 6-45 Anticipating Expenses .................................................................... 6-45 6-III.B. Dependent Deduction ........................................................................... 6-46 6-III.C. Elderly or Disabled Family Deduction ................................................. 6-46 6-III.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b)] ................................................... 6-47 Definition of Medical Expenses...................................................... 6-47 Families That Qualify for Both and Medical and
Disability Assistance Expenses ...................................................... 6-48 6-III.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-49 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-49 Necessary and Reasonable Expenses .............................................. 6-50 Families That Qualify for Both Health and Medical and
Disability Assistance Expenses ...................................................... 6-50 Exhibit 2
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6-III.F. Childcare Expense Deduction ............................................................... 6-51 Clarifying the Meaning of Child for This Deduction ..................... 6-51 Qualifying for the Deduction .......................................................... 6-51 Earned Income Limit on Childcare Expense Deduction ................ 6-52 Eligible Childcare Expenses ........................................................... 6-53 6-III.G. Hardship Exemptions [24 CFR 5.611(c), (d), and (e)] ......................... 6-54 Health and Medical Care and Disability Assistance
Expenses [24 CFR 5.611(c); Notice PIH 2023-27] ........................ 6-54 Phased-In Relief .............................................................................. 6-54 General Relief` ................................................................................ 6-55 Childcare Expense Hardship Exemption [24 CFR 5.611(d)
and Notice PIH 2023-27] ................................................................ 6-57 6-III.H. Permissive Deductions [24 CFR 5.611(b)(1)(ii)] ................................. 6-60 PART IV: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6-61 6-IV.A. Overview of Rent and Subsidy Calculations ........................................ 6-61 TTP Formula [24 CFR 5.628] ........................................................ 6-61 Family Share [24 CFR 982.305(a)(5)] ............................................ 6-61 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-62 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6-62 6-IV.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-63 Overview ......................................................................................... 6-63 HUD-Defined Financial Hardship .................................................. 6-63 Implementation of Hardship Exemption ........................................ 6-64 6-IV.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024 34] ............................................................................. 6-66 Overview ......................................................................................... 6-66 Changes in Payment Standards ....................................................... 6-66 Reasonable Accommodation [24 CFR 982.503(d)(5)] ................... 6-68 6-IV.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6-69 Overview ......................................................................................... 6-69 Flat Fees [24 CFR 982.517(b)(2)(iii)] ............................................ 6-69 PBV Developments [24 CFR 982.517(b)(2)(iv)] ........................... 6-69 Reasonable Accommodation and Individual Relief ....................... 6-69 Utility Allowance Revisions ........................................................... 6-70 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6-71 Exhibit 6-1: Annual Income Full Definition ............................................................................. 6-72 Exhibit 6-2: Treatment of Family Assets .................................................................................. 6-77 Exhibit 6-3: The Effect of Welfare Benefit Reduction ............................................................. 6-79 Exhibit 2
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Chapter 7.A.
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 24 CFR 982.551; 24 CFR 5.230; and Notice PIH 2023-27] .................. 7-1 Consent Forms .................................................................................. 7-1 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27] ................................................ 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-2 7-I.B. Overview of Verification Requirements ................................................. 7-3 Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023 27] ................................ 7-3 HUD’s Verification Hierarchy [Notice PIH 2018-18] ..................... 7-6 Requirements for Acceptable Documents ........................................ 7-6 File Documentation .......................................................................... 7-7 7-I.C. Up-Front Income Verification (UIV) ..................................................... 7-7 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) ........................................... 7-8 Upfront Income Verification Using Non-HUD
Systems (Optional) ........................................................................... 7-9 7-I.D. Third-Party Written and Oral Verification ........................................... 7-10 Written Third-Party Verification [Notice PIH 2018-18] ................ 7-10 Written Third-Party Verification Form .......................................... 7-11 Oral Third-Party Verification [Notice PIH 2018-18] ..................... 7-11 When Third-Party Verification is Not Required
[Notice PIH 2018-18] ..................................................................... 7-12 7-I.E. Self-Certification .................................................................................. 7-13 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-14 7-II.A. Verification of Legal Identity ............................................................... 7-14 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2018-24] .......... 7-15 7-II.C. Documentation of Age .......................................................................... 7-18 7-II.D. Family Relationships ............................................................................ 7-18 Marriage .......................................................................................... 7-19 Separation or Divorce ..................................................................... 7-19 Absence of Adult Member.............................................................. 7-19 Foster Children and Foster Adults .................................................. 7-19 7-II.E. Verification of Student Status ............................................................... 7-20 General Requirements .................................................................... 7-20 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ..................................................... 7-20 7-II.F. Documentation of Disability ................................................................. 7-21 Family Members Receiving SSA Disability Benefits .................... 7-22 Family Members Not Receiving SSA Disability Benefits ............. 7-22 Exhibit 2
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7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-23 Overview ......................................................................................... 7-23 U.S. Citizens and Nationals ............................................................ 7-23 Eligible Immigrants ........................................................................ 7-24 7-II.H. Verification of Preference Status .......................................................... 7-24 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-27 7-III.A. Earned Income ...................................................................................... 7-27 Tips ................................................................................................. 7-27 7-III.B. Business and Self Employment Income ............................................... 7-27 7-III.C. Periodic Payments and Payments In Lieu of Earnings ......................... 7-28 Social Security/SSI Benefits ........................................................... 7-28 7-III.D. Alimony or Child Support .................................................................... 7-29 7-III.E. Assets and Income From Assets ........................................................... 7-29 Assets Disposed of for Less than Fair Market Value ..................... 7-29 7-III.F. Net Income From Rental Property ........................................................ 7-30 7-III.G. Retirement Accounts ............................................................................ 7-30 7-III.H. Income From Excluded Sources ........................................................... 7-31 7-III.I. Zero Income Families [Notice PIH 2023-27] ....................................... 7-31 7-III.J. Student Financial Assistance [24 CFR 5.609(b)(9) as updated for HOTMA] ......................................................................................... 7-33 7-III.K. Parental Income of Students Subject to Eligibility Restrictions ........... 7-34 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-35 7-IV.A. Dependent and Elderly/Disabled Household Deductions ..................... 7-35 Dependent Deduction ..................................................................... 7-35 Elderly/Disabled Family Deduction ............................................... 7-35 7-IV.B. Health and Medical Care Expense Deduction ...................................... 7-36 Amount of Expense ........................................................................ 7-36 Eligible Household ......................................................................... 7-37 Qualified Expenses ......................................................................... 7-37 Unreimbursed Expenses ................................................................. 7-37 Expenses Incurred in Past Years ..................................................... 7-37 7-IV.C. Disability Assistance Expenses ............................................................ 7-38 Amount of Expense ........................................................................ 7-38 Family Member is a Person with Disabilities ................................. 7-39 Family Member(s) Permitted to Work ........................................... 7-39 Unreimbursed Expenses ................................................................. 7-39 7-IV.D. Childcare Expenses ............................................................................... 7-40 Eligible Child .................................................................................. 7-40 Unreimbursed Expense ................................................................... 7-40 Pursuing an Eligible Activity ......................................................... 7-41 Allowable Type of Childcare .......................................................... 7-42 Reasonableness of Expenses ........................................................... 7-42 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ................................................................................ 7-43 Exhibit 2
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Chapter 7.B.
VERIFICATION UNDER HOTMA 102/104
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2023-27] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 24 CFR 982.551; 24 CFR 5.230; and Notice PIH 2023-27] .................. 7-1 Consent Forms .................................................................................. 7-1 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27] ................................................ 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-3 7-I.B. Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023-27] ...................................... 7-4 7-I.C. Streamlined Income Determinations [24 CFR 960.257(c); Notice PIH 2023-27] ............................................................................... 7-7 7-I.D. Verification Hierarchy [Notice PIH 2023-27] ........................................ 7-9 File Documentation ........................................................................ 7-10 7-I.E. Level 5 and 6 Verifications: Up-Front Income Verification (UIV) ..... 7-11 HUD’s Enterprise Income Verification (EIV) System
(Mandatory) .................................................................................... 7-11 Upfront Income Verification Using Non-HUD Systems ................ 7-14 7-I.F. Level 4 Verification [Notice PIH 2023-27] .......................................... 7-15 EIV + Self-Certification ................................................................. 7-15 Written Third-Party Verification from the Source ......................... 7-15 7-I.G. Level 3 Verification: Written, Third-Party Form
[Notice PIH 2023 27] ........................................................................... 7-17
7.I.H. Level 2: Oral Third-Party Verification [Notice PIH 2023-27] ............. 7-17 When Third-Party Verification is Not Required
[Notice PIH 2023-27] ..................................................................... 7-18 7-I.I. Level 1: Non-Third-Party Verification:
Self-Certification [Notice PIH 2023-27] .............................................. 7-19 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-21 7-II.A. Verification of Legal Identity ............................................................... 7-21 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2023-27] .......... 7-22 7-II.C. Documentation of Age .......................................................................... 7-24 7-II.D. Family Relationships ............................................................................ 7-25 Marriage .......................................................................................... 7-25 Separation or Divorce ..................................................................... 7-25 Absence of Adult Member.............................................................. 7-25 Foster Children and Foster Adults .................................................. 7-25 7-II.E. Verification of Student Status ............................................................... 7-26 General Requirements .................................................................... 7-26 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ..................................................... 7-26 Exhibit 2
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7-II.F. Documentation of Disability ................................................................. 7-27 Family Members Receiving SSA Disability Benefits .................... 7-28 Family Members Not Receiving SSA Disability Benefits ............. 7-28 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-29 Overview ......................................................................................... 7-29 U.S. Citizens and Nationals ............................................................ 7-29 Eligible Immigrants ........................................................................ 7-30 7-II.H. Verification of Preference Status .......................................................... 7-30 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-33 7-III.A. Earned Income ...................................................................................... 7-33 Tips ................................................................................................. 7-33 Wages ............................................................................................. 7-33 7-III.B. Business and Self Employment Income ............................................... 7-33 7-III.C. Periodic Payments and Payments In Lieu of Earnings ......................... 7-34 Social Security/SSI Benefits [Notice PIH 2023-27] ....................... 7-34 7-III.D. Alimony or Child Support [Notice PIH 2023-27] ................................ 7-35 7-III.E. Nonrecurring Income [Notice PIH 2023-27] ........................................ 7-35 7-III.F. Assets and Income From Assets ........................................................... 7-36 Net Family Assets [24 CFR 5.603]................................................. 7-36 Self-Certification of Real Property Ownership
[24 CFR 5.618(b)(2); Notice PIH 2023-27] ................................... 7-37 7-III.G. Net Income From Rental Property ........................................................ 7-37 7-III.H. Federal Tax Refunds or Refundable Tax Credits
[Notice PIH 2023-27] ........................................................................... 7-38 7-III.I. Retirement Accounts ............................................................................ 7-38 7-III.J. Income From Excluded Sources [Notice PIH 2023-27] ....................... 7-38 7-III.K. Zero Income Families [Notice PIH 2023-27] ....................................... 7-39 7-III.L. Student Financial Assistance [24 CFR 5.609(b)(9)] ............................. 7-40 7-III.M. Parental Income of Students Subject to Eligibility Restrictions ........... 7-41 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-42 7-IV.A. Dependent and Elderly/Disabled Household Deductions ..................... 7-42 Dependent Deduction ..................................................................... 7-42 Elderly/Disabled Family Deduction ............................................... 7-42 7-IV.B. Health and Medical Care Expense Deduction ...................................... 7-43 Amount of Expense ........................................................................ 7-43 Eligible Household ......................................................................... 7-44 Qualified Expenses ......................................................................... 7-44 Unreimbursed Expenses ................................................................. 7-44 Expenses Incurred in Past Years ..................................................... 7-45 7-IV.C. Disability Assistance Expenses ............................................................ 7-46 Amount of Expense ........................................................................ 7-46 Family Member is a Person with Disabilities ................................. 7-48 Family Member(s) Permitted to Work ........................................... 7-48 Unreimbursed Expenses ................................................................. 7-48 Exhibit 2
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7-IV.D. Childcare Expenses ............................................................................... 7-49 Eligible Child .................................................................................. 7-49 Unreimbursed Expense ................................................................... 7-49 Pursuing an Eligible Activity ......................................................... 7-50 Allowable Type of Childcare .......................................................... 7-51 Reasonableness of Expenses ........................................................... 7-51 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ................................................................................ 7-52 Exhibit 2
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Chapter 8.A.
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS
DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
NSPIRE AND HQS ..................................................................................................................... 8-1 PART I: PHYSICAL STANDARDS .................................................................................... 8-2 8-I.A. General HUD Requirements ................................................................... 8-2 HUD Performance and Acceptability Standards .............................. 8-2 NSPIRE Standards Applicable to HQS [HUD Letter 6/14/24] ........ 8-3 Tenant Preference Items ................................................................... 8-3 Modifications to Provide Accessibility ............................................ 8-3 8-I.B. Additional Local Requirements .............................................................. 8-4 Thermal Environment [HCV GB p.10-7] ......................................... 8-4 Clarifications of HUD Requirements ............................................... 8-4 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a);
FR Notice 1/18/17] ................................................................................. 8-6 8-I.D. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8-9 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ................................................. 8-9 Family Responsibilities .................................................................... 8-9 Owner Responsibilities ..................................................................... 8-9 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ..................................................... 8-9 Owner Obligation ............................................................................. 8-9 Family Responsibilities .................................................................. 8-10 8-I-E. Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13] ............................................................................. 8-11 8-I-F. Violation of HQS Space Standards
[24 CFR 982.401, 24 CFR 982.403]..................................................... 8-12 PART II: THE INSPECTION PROCESS ............................................................................ 8-13 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-13 Types of Inspections ....................................................................... 8-13 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ................. 8-13 Inspection Costs [Notice PIH 2016-05; 24 CFR 5.705(h)] ............ 8-14 Remote Video Inspections (RVIs) [Notice PIH 2020-31] .............. 8-14 Notice and Scheduling .................................................................... 8-14 Owner and Family Inspection Attendance ..................................... 8-15 Exhibit 2
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8-II.B. Initial HQS Inspection [24 CFR 982.405(a)] ....................................... 8-15 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)] .................................................................. 8-15 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406] ...................................................................... 8-16 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)] ............... 8-16 Inspection Results and Reinspections ............................................. 8-17 Utilities ........................................................................................... 8-17 Appliances [Form HUD-52580] ..................................................... 8-17 8-II.C. Periodic HQS Inspections [24 CFR 982.405(b) and Notice PIH 2016-05] ............................................................................. 8-18 Scheduling the Inspection ............................................................... 8-18 8-II.D. Special Interim Inspections [24 CFR 982.405(d)] ................................ 8-18 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-19 8-II.F. Inspection Results and Reinspections for Units
Under HAP Contract ............................................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-19 Notification of Corrective Actions ................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-20 Notification of Corrective Actions [24 CFR 982.404(d)(1)] .......... 8-20 Extensions ....................................................................................... 8-22 Reinspections [24 CFR 982.405(i)] ................................................ 8-22 8-II.G. Enforcing Owner Compliance .............................................................. 8-23 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-23 HAP Abatement .............................................................................. 8-23 HAP Contract Termination ............................................................. 8-23 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-24 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-24 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-24 HAP Contract Termination ............................................................. 8-25 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)] .......... 8-26 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-26 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-26 Exhibit 2
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PART III: RENT REASONABLENESS [24 CFR 982.507] ................................................. 8-27 8-III.A. Overview ............................................................................................... 8-27 PHA-Owned Units [24 CFR 982.352(b)] ....................................... 8-27 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-28 Owner-Initiated Rent Determinations ............................................. 8-28 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-28 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-29 8-III.C. How Comparability Is Established ....................................................... 8-29 Factors to Consider ......................................................................... 8-29 Units that Must Not be Used as Comparables ................................ 8-29 Rents Charged for Other Units on the Premises ............................. 8-30 8-III.D. PHA Rent Reasonableness Methodology ............................................. 8-31 How Market Data Is Collected ....................................................... 8-31 How Rents Are Determined ............................................................ 8-31 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8-32 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ..................... 8-35 Exhibit 2
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Chapter 8.B.
NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE
AND RENT REASONABLENESS DETERMINATIONS
[24 CFR 5 Subpart G and Notice PIH 2024-26]
NSPIRE AND HQS ..................................................................................................................... 8-2 PART I: NSPIRE STANDARDS .......................................................................................... 8-3 8-I.A. Inspectable Areas [24 CFR 5.703(a)(1) and
24 CFR 5.705(a)(2)] ............................................................................... 8-3 8-I.B. Affirmative Habitability Requirements
[24 CFR 5.703(b), (c), and (d)] ............................................................... 8-3 8-I.C. Modifications to Provide Accessibility
[24 CFR 100.203; Notice 2003-31; and Notice PIH 2014-02] ............... 8-4 8-I.D. Additional Local Requirements
[24 CFR 5.705(a)(3) and Notice PIH 2024-26] ...................................... 8-5 8-I.E. Life-Threatening Deficiencies [Notice PIH 2024-26] ............................ 8-6 8-I.F. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8-9 Owner Obligation ............................................................................. 8-9 Family Responsibilities .................................................................... 8-9 8-I.G. Lead-Based Paint .................................................................................. 8-10 Special Requirements for Children with Elevated Blood
Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13] ....................................................................... 8-10 8-I-H. Violation of Space Standards [24 CFR 5.703(d)(5)] ............................ 8-11 PART II: THE INSPECTION PROCESS ............................................................................ 8-12 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-12 Types of Inspections ....................................................................... 8-12 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ................. 8-12 Inspection Costs [Notice PIH 2016-05 and 24 CFR 5.705(h)] ....... 8-13 Remote Video Inspections (RVIs) [Notice PIH 2020-31] .............. 8-14 Notice and Scheduling .................................................................... 8-15 Owner and Family Inspection Attendance ..................................... 8-16 Exhibit 2
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8-II.B. Initial Inspection [24 CFR 982.405(a)] ................................................ 8-17 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)] .................................................................. 8-17 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406] ...................................................................... 8-18 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)] ............... 8-18 Inspection Results and Reinspections ............................................. 8-19 Utilities ........................................................................................... 8-19 Appliances ...................................................................................... 8-19 8-II.C. Periodic Inspections [24 CFR 982.405(b) and
Notice PIH 2016-05] ............................................................................. 8-20 Scheduling the Inspection ............................................................... 8-20 8-II.D. Interim Inspections [24 CFR 982.405(d)] ............................................ 8-20 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-21 8-II.F. Inspection Results and Reinspections for Units Under HAP Contract ........................................................................................ 8-21 Correction Timeframes ................................................................... 8-21 Notification of Corrective Actions [24 CFR 982.404(d)(1)] .......... 8-22 Extensions ....................................................................................... 8-23 Reinspections [24 CFR 982.405(i)] ................................................ 8-24 8-II.G. Enforcing Owner Compliance .............................................................. 8-25 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-25 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-25 HAP Contract Termination ............................................................. 8-26 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)] .......... 8-27 PART III: RENT REASONABLENESS [24 CFR 982.507] ................................................. 8-28 8-III.A. Overview ............................................................................................... 8-28 PHA-Owned Units [24 CFR 982.352(b)] ....................................... 8-29 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-30 Owner-Initiated Rent Determinations ............................................. 8-30 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-30 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-31 8-III.C. How Comparability Is Established ....................................................... 8-31 Factors to Consider ......................................................................... 8-31 Units that Must Not be Used as Comparables ................................ 8-31 Rents Charged for Other Units on the Premises ............................. 8-32 8-III.D. PHA Rent Reasonableness Methodology ............................................. 8-33 How Market Data Is Collected ....................................................... 8-33 How Rents Are Determined ............................................................ 8-33 Exhibit 8-1: affirmative habitability requirements .................................................................... 8-34 Exhibit 2
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Chapter 9
GENERAL LEASING POLICIES
9-I.A. Tenant Screening .................................................................................... 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517
and 24 CFR 982.302] .............................................................................. 9-3 9-I.C. Owner Participation ................................................................................ 9-4 9-I.D. Eligible Units .......................................................................................... 9-5 Ineligible Units [24 CFR 982.352(a)] ............................................... 9-5 PHA-Owned Units [24 CFR 982.352(b)] ......................................... 9-5 Special Housing Types [24 CFR 982 Subpart M] ............................ 9-5 Duplicative Assistance [24 CFR 982.352(c)] ................................... 9-6 Initial Inspection ............................................................................... 9-6 Unit Size ........................................................................................... 9-7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507] ........ 9-7 Rent Burden [24 CFR 982.508] ........................................................ 9-7 9-I.E. Lease and Tenancy Addendum ............................................................... 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308] ................. 9-8 Lease Information [24 CFR 982.308(d)] .......................................... 9-8 Term of Assisted Tenancy ................................................................ 9-9 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9-9 Separate Non-Lease Agreements between Owner and Tenant ....... 9-10 PHA Review of Lease .................................................................... 9-11 9-I.F. Tenancy Approval [24 CFR 982.305] .................................................. 9-12 9-I.G. HAP Contract Execution [24 CFR 982.305] ........................................ 9-13 9-I.H. Changes in Lease or Rent [24 CFR 982.308] ....................................... 9-14 Exhibit 2
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Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: MOVING WITH CONTINUED ASSISTANCE ................................................. 10-1 10-I.A. Allowable Moves .................................................................................. 10-1 10-I.B. Family Moves Due to Unit Deficiencies .............................................. 10-3 Units in Abatement [24 CFR 982.404(d)(3)] ................................. 10-3 Termination of HAP Contract and Family Moves
[24 CFR 982.404(e)] ....................................................................... 10-3 Offer of Public Housing [24 CFR 982.404(e)(2)] .......................... 10-4 Relocation Assistance [24 CFR 982.404(e)(3)] .............................. 10-4 10-I.C. Restrictions On Moves ......................................................................... 10-5 Denial of Moves ............................................................................. 10-5 Restrictions on Elective Moves [24 CFR 982.354(c)] .................... 10-6 10-I.D. Moving Process .................................................................................... 10-7 Notification ..................................................................................... 10-7 Approval ......................................................................................... 10-7 Reexamination of Family Income and Composition ...................... 10-7 Voucher Issuance and Briefing ....................................................... 10-7 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10-8 Zero HAP Families Who Wish to Move [24 CFR 982.455] .......... 10-8 PART II: PORTABILITY .................................................................................................... 10-9 10-II.A. Overview ............................................................................................... 10-9 10-II.B. Initial PHA Role ................................................................................. 10-10 Allowable Moves under Portability .............................................. 10-10 Determining Income Eligibility .................................................... 10-11 Reexamination of Family Income and Composition .................... 10-11 Briefing ......................................................................................... 10-12 Voucher Issuance and Term ......................................................... 10-12 Voucher Extensions and Expiration ............................................. 10-13 Preapproval Contact with the Receiving PHA ............................. 10-13 Initial Notification to the Receiving PHA .................................... 10-13 Sending Documentation to the Receiving PHA ........................... 10-14 Initial Billing Deadline [Notice PIH 2016-09] ............................. 10-15 Monthly Billing Payments [Notice PIH 2016-09] ........................ 10-16 Annual Updates of Form HUD-50058 ......................................... 10-16 Denial or Termination of Assistance [24 CFR 982.355(c)(17)] ... 10-16 10-II.C. Receiving PHA Role ........................................................................... 10-17 Responding to Initial PHA’s Request [24 CFR 982.355(c)] ........ 10-17 Initial Contact with Family ........................................................... 10-17 Briefing ......................................................................................... 10-18 Income Eligibility and Reexamination ......................................... 10-18 Voucher Issuance .......................................................................... 10-19 Notifying the Initial PHA ............................................................. 10-20 Administering a Portable Family’s Voucher ................................ 10-20 Absorbing a Portable Family ........................................................ 10-24 Exhibit 2
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Chapter 11.A.
REEXAMINATIONS
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11-1 11-I.A. Overview ............................................................................................... 11-1 11-I.B. Streamlined Annual Reexaminations
[24 CFR 982.516(b); New HCV GB, Reexaminations] ....................... 11-2 11-I.C. Scheduling Annual Reexaminations ..................................................... 11-3 Notification of and Participation in the Annual
Reexamination Process ................................................................... 11-3 11-I.D. Conducting Annual Reexaminations .................................................... 11-4 11-I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11-6 11-I.F. Effective Dates ...................................................................................... 11-7 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] ........................................... 11-8 11-II.A. Overview ............................................................................................... 11-8 11-II.B. Changes In Family and Household Composition ................................. 11-9 New Family Members Not Requiring PHA Approval ................... 11-9 New Family and Household Members Requiring Approval .......... 11-9 Departure of a Family or Household Member .............................. 11-11 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] ................................................................ 11-11 11-II.C. Changes Affecting Income or Expenses ............................................. 11-12 PHA-Initiated Interim Reexaminations ........................................ 11-12 Family-Initiated Interim Reexaminations ..................................... 11-13 11-II.D. Processing the Interim Reexamination ............................................... 11-14 Method of Reporting ..................................................................... 11-14 Effective Dates .............................................................................. 11-14 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-15 11-III.A. Overview ............................................................................................. 11-15 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-15 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24] ...... 11-15 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-15 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-15 11-III.C. Notification of New Family Share and HAP Amount ........................ 11-16 11-III.D. Discrepancies ...................................................................................... 11-16 Exhibit 2
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Chapter 11.B.
REEXAMINATIONS UNDER HOTMA 102/104
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11-1 11-I.A. Overview ............................................................................................... 11-1 11-I.B. Scheduling Annual Reexaminations ..................................................... 11-2 Notification of and Participation in the Annual
Reexamination Process ................................................................... 11-2 11-I.C. Conducting Annual Reexaminations .................................................... 11-3 11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11-5 11-I.E. Calculating Annual Income at Annual Reexamination [24 CFR 5.609(c)(2) and Notice PIH 2023-27] .................................... 11-6 11-I.F. Effective Dates ...................................................................................... 11-8 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27] ........ 11-9 11-II.A. Overview ............................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ................................. 11-9 Reporting ........................................................................................ 11-9 New Family Members Not Requiring PHA Approval ................... 11-9 New Family and Household Members Requiring Approval ........ 11-10 Departure of a Family or Household Member .............................. 11-11 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] ................................................................ 11-11 11-II.C. Changes Affecting Income or Expenses ............................................. 11-12 Overview ....................................................................................... 11-12 Interim Decreases [24 CFR 982.516(c)(2)
and Notice PIH 2023-27] .............................................................. 11-12 Interim Increases [24 CFR 982.516(c)(3) and
Notice PIH 2023-27] ..................................................................... 11-13 11-II.D. Effective Dates [24 CFR 982.516(e) and Notice 2023-27] ................ 11-16 Changes Reported Timely [Notice PIH 2023-27] ........................ 11-16 Changes Not Reported Timely [Notice PIH 2023-27] ................. 11-16 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-18 11-III.A. Overview ............................................................................................. 11-18 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-19 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24] ...... 11-19 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-19 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-19 11-III.C. Notification of New Family Share and HAP Amount ........................ 11-20 11-III.D. Discrepancies ...................................................................................... 11-20 PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS
[Notice PIH 2023-27] ......................................................................................... 11-21 Exhibit 11-1: Calculating Income at Annual Reexamination ................................................... 11-22 Exhibit 2
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Chapter 12
TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12-1 12-I.A. Overview ............................................................................................... 12-1 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455] ................. 12-1 12-I.C. Family Chooses to Terminate Assistance ............................................. 12-2 12-I.D. Mandatory Termination of Assistance .................................................. 12-2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]................ 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)] ...................... 12-3 Upon the PHA’s HOTMA 102/104 compliance date,
the below policy on failure to provide consent is added: ............... 12-3 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] ..................................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-24] ........................................ 12-3 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)] ............................................................. 12-4 Lifetime Registered Sex Offenders [Notice PIH 2012-28] ............ 12-4 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] ................. 12-4 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-9] ......................................................................... 12-5 12-I.E. Mandatory Policies and Other Authorized Terminations ..................... 12-5 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] .............. 12-5 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), 24 CFR 5.2005(c), 24 CFR 984.101(d)] ...... 12-7 Upon the PHA’s HOTMA 102/104 compliance date, the below section on the asset limitation is added: ......................................... 12-8 Asset Limitation [24 CFR 5.618; Notice PIH 2023-27] ................. 12-8 PART II: APPROACH TO TERMINATION OF ASSISTANCE ..................................... 12-11 12-II.A. Overview ............................................................................................. 12-11 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ............................... 12-11 12-II.C. Alternatives to Termination of Assistance ......................................... 12-11 Change in Household Composition .............................................. 12-11 Repayment of Family Debts ......................................................... 12-11 12-II.D. Criteria for Deciding to Terminate Assistance ................................... 12-12 Evidence ....................................................................................... 12-12 Use of Criminal Conviction Records
after Admission [24 CFR 5.903] .................................................. 12-12 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] ........ 12-12 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] ........... 12-13 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking ................................ 12-14 VAWA Protections against Terminations .................................... 12-14 Limitations on VAWA Protections
[24 CFR 5.2005(d) and (e)] .......................................................... 12-15 Exhibit 2
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Documentation of Abuse [24 CFR 5.2007] .................................. 12-16 Terminating the Assistance of a Domestic
Violence Perpetrator ..................................................................... 12-16 12-II.F. Termination Notice ............................................................................. 12-18 PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12-19 12-III.A. Overview ............................................................................................. 12-19 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310, 24 CFR 5.2005(c), and
Form HUD-52641-A, Tenancy Addendum]....................................... 12-19 Serious or Repeated Lease Violations .......................................... 12-19 Violation of Federal, State, or Local Law .................................... 12-19 Criminal Activity or Alcohol Abuse ............................................. 12-19 Other Good Cause ......................................................................... 12-20 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] .......................................................................... 12-21 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12-22 12-III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12-22 Exhibit 12-1: Statement of Family Obligations ........................................................................ 12-23 Exhibit 2
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Chapter 13
OWNERS
PART I: OWNERS IN THE HCV PROGRAM ................................................................. 13-2 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs] .................................... 13-2 Education and Outreach .................................................................. 13-2 Retention ......................................................................................... 13-3 13-I.B. Basic HCV Program Requirements ...................................................... 13-4 13-I.C. Owner Responsibilities [24 CFR 982.452] ........................................... 13-6 13-I.D. Owner Qualifications ............................................................................ 13-7 Owners Barred from Participation [24 CFR 982.306(a) and (b)] ... 13-8 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ....... 13-8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19;
Form HUD-52641, Section 13] ...................................................... 13-8 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)] ........................................ 13-10 Legal Ownership of Unit .............................................................. 13-11 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641] ................ 13-11 PART II: HAP CONTRACTS ............................................................................................ 13-12 13-II.A. Overview ............................................................................................. 13-12 13-II.B. HAP Contract Contents ...................................................................... 13-13 13-II.C. HAP Contract Payments ..................................................................... 13-15 General .......................................................................................... 13-15 Owner Certification of Compliance.............................................. 13-16 Late HAP Payments [24 CFR 982.451(a)(5)] .............................. 13-17 Termination of HAP Payments [24 CFR 982.311(b)] .................. 13-17 13-II.D. Breach of HAP Contract [24 CFR 982.453] ....................................... 13-18 13-II.E. HAP Contract Term and Terminations ............................................... 13-19 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641] ...................................................................................... 13-21 13-II.G. Foreclosure [Notice PIH 2010-49] ..................................................... 13-22 Exhibit 2
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Chapter 14
PROGRAM INTEGRITY
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ............................................................................................ 14-2 14-I.A. Preventing Errors and Program Abuse ................................................. 14-2 14-I.B. Detecting Errors and Program Abuse ................................................... 14-4 Quality Control and Analysis of Data ............................................ 14-4 Independent Audits and HUD Monitoring ..................................... 14-4 Individual Reporting of Possible Errors and Program Abuse ........ 14-4 14-I.C. Investigating Errors and Program Abuse .............................................. 14-5 When the PHA Will Investigate ..................................................... 14-5 Consent to Release of Information [24 CFR 982.516] ................... 14-5 Analysis and Findings..................................................................... 14-5 Consideration of Remedies ............................................................. 14-6 Notice and Appeals ......................................................................... 14-6 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 14-7 14-II.A. Subsidy Under- or Overpayments ........................................................ 14-7 Corrections ...................................................................................... 14-7 Reimbursement ............................................................................... 14-7 14-II.B. Family-Caused Errors and Program Abuse .......................................... 14-8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] .... 14-8 PHA Reimbursement to Family [HCV GB p. 22-12] ..................... 14-8 Prohibited Actions .......................................................................... 14-9 Penalties for Program Abuse .......................................................... 14-9 14-II.C. Owner-Caused Error or Program Abuse ............................................. 14-10 Owner Reimbursement to the PHA .............................................. 14-10 Prohibited Owner Actions ............................................................ 14-10 Remedies and Penalties ................................................................ 14-11 14-II.D. PHA-Caused Errors or Program Abuse .............................................. 14-12 De Minimis Errors [24 CFR 5.609(c)(4)] ..................................... 14-12 Prohibited Activities ..................................................................... 14-13 14-II.E. Criminal Prosecution .......................................................................... 14-14 14-II.F. Fraud and Program Abuse Recoveries ............................................... 14-14 Exhibit 2
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Chapter 15
SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M; New HCV GB, Special Housing Types] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605; Form HUD-52641; New HCV GB, Special Housing Types, p. 4] ....................... 15-3 15-I.A. Overview ............................................................................................... 15-3 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-3 15-I.C. SRO: Housing Quality Standards [24 CFR 982.605(a)] ...................... 15-3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609; Form HUD-52641; New HCV GB, Special Housing Types, p. 6] ....................... 15-5 15-II.A. Overview ............................................................................................... 15-5 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-6 15-II.C. Congregate: Housing Quality Standards .............................................. 15-6 PART III: GROUP HOME [24 CFR 982.610 through 982.614; Form HUD-52641; and New HCV GB, Special Housing Types, p. 8] ................................................ 15-7 15-III.A. Overview ............................................................................................... 15-7 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-7 15-III.C. Group Home: Housing Quality Standards ............................................ 15-8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD-52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11] ................ 15-10 15-IV.A. Overview ............................................................................................. 15-10 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-12 15-IV.C. Shared Housing: Housing Quality Standards ..................................... 15-13 PART V: COOPERATIVE HOUSING [24 CFR 982.619; New HCV GB, Special Housing Types, p. 14] ............................................................................ 15-14 15-V.A. Overview ............................................................................................. 15-14 15-V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-15 15-V.C. Cooperative: Housing Quality Standards ........................................... 15-16 Exhibit 2
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PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17; New HCV GB, Special Housing Types, p. 15;] ................. 15-17 15-VI.A. Overview ............................................................................................. 15-17 15-VI.B. Special Requirements for Manufactured Home Owners Who Lease A Space ............................................................................ 15-17 Family Income .............................................................................. 15-17 Lease and HAP Contract .............................................................. 15-17 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15-18 Payment Standards ........................................................................ 15-18 Utility Allowance [24 CFR 982.624] ........................................... 15-18 Space Rent [24 CFR 982.622] ...................................................... 15-18 Amortization Costs ....................................................................... 15-18 Housing Assistance Payment [24 CFR 982.623(a)] ..................... 15-18 Eligible Housing Expenses [24 CFR 982.623(b)] ........................ 15-19 Rent Reasonableness [24 CFR 982.622(b)] .................................. 15-19 Distribution of HAP [24 CFR 982.623(c)] ................................... 15-20 Single HAP to Family [24 CFR 982.623.(d)] ............................... 15-20 15-VI.D. Manufactured Homes: Housing Quality Standards
[24 CFR 982.621] ............................................................................... 15-20 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ................................ 15-21 15-VII.A. Overview [24 CFR 982.625] .............................................................. 15-21 15-VII.B. Family Eligibility [24 CFR 982.627].................................................. 15-22 15-VII.C. Selection of Families [24 CFR 982.626] ............................................ 15-24 15-VII.D. Eligible Units [24 CFR 982.628] ........................................................ 15-25 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ............................................................................... 15-27 15-VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15-28 15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631] ..................................................................... 15-29 Home Inspections ......................................................................... 15-29 Contract of Sale ............................................................................ 15-30 Disapproval of a Seller ................................................................. 15-30 15-VII.H. FINANCING [24 CFR 982.632] ........................................................ 15-31 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ............................................................................... 15-32 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]......... 15-33 15-VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635] ............................................................... 15-34 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................................................................... 15-36 15-VII.M. Moving with Continued Assistance [24 CFR 982.637] .................... 15-37 15-VII.N. Denial or Termination of Assistance [24 CFR 982.638] .................... 15-38 Exhibit 2
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Chapter 16
PROGRAM ADMINISTRATION
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................... 16-2 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................. 16-3 16-II.A. Overview ............................................................................................... 16-3 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7; and Notice PIH 2024-34] ...................................................................... 16-4 Small Area FMR PHAs (Mandatory and Opt-In)
[Notice PIH 2018-01; Notice PIH 2023 32;
Notice PIH 2024-34; and Implementing Small Area
Fair Market Rents (SAFMR) Guidebook] ...................................... 16-5 The Basic Range [24 CFR 982.503(c) and
Notice PIH 2024-34] ....................................................................... 16-6 Designated Payment Standard Areas [24 CFR 982.503(d),
Notice PIH 2018-01, Notice PIH 2024-34, and
FR Notice 9/27/21] ......................................................................... 16-7 Exception Payment Standards [24 CFR 982.503(c)(5),
Notice PIH 2018-01, FR Notice 9/27/21] ....................................... 16-7 Reasonable Accommodation [24 CFR 982.503(d)(5), 24 CFR
982.505(d), Notice PIH 2024 34, and Notice PIH 2010-26] .......... 16-9 Payment Standard below the Basic Range
[24 CFR 982.503(e) and Notice PIH 2024-34] .............................. 16-9 Updating Payment Standards [24 CFR 982.503(c)(3) and
Notice PIH 2023-24] ..................................................................... 16-10 16-II.C. Utility Allowances [24 CFR 982.517] ................................................ 16-11 Energy Efficient Utility Allowance
[24 CFR 982.517(b)(2)(ii)] ........................................................... 16-11 Air Conditioning [24 CFR 982.517(b)(1)(iii)] ............................. 16-11 Reasonable Accommodation and Individual Relief ..................... 16-12 Utility Allowance Revisions ......................................................... 16-12 PART III: INFORMAL REVIEWS AND HEARINGS ...................................................... 16-13 16-III.A. Overview ............................................................................................. 16-13 16-III.B. Informal Reviews ................................................................................ 16-13 Decisions Subject to Informal Review
[24 CFR 982.554(a) and (c)] ........................................................ 16-13 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16-14 Scheduling an Informal Review ................................................... 16-14 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16-14 Remote Informal Reviews [Notice PIH 2020-32] ........................ 16-15 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-15 Conducting Remote Informal Reviews ........................................ 16-16 Informal Review Decision [24 CFR 982.554(b)] ......................... 16-17 Exhibit 2
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16-III.C. Informal Hearings for Participants [24 CFR 982.555] ....................... 16-18 Decisions Subject to Informal Hearing ......................................... 16-18 Remote Informal Hearings [Notice PIH 2020-32] ....................... 16-19 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-20 Conducting Informal Hearings Remotely ..................................... 16-21 Informal Hearing Procedures ........................................................ 16-22 16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514] ................................................................................... 16-29 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] ........................................................................ 16-29 USCIS Appeal Process [24 CFR 5.514(e)] ................................... 16-30 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)] ......................................................................... 16-30 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)] ......................................................................... 16-32 Retention of Documents [24 CFR 5.514(h)] ................................ 16-32 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16-33 16-IV.A. Overview ............................................................................................. 16-33 16-IV.B. Repayment Policy ............................................................................... 16-33 Owner Debts to the PHA .............................................................. 16-33 Family Debts to the PHA .............................................................. 16-34 Criminal Prosecution for Program Fraud/Abuse .......................... 16-34 Refusal to Enter into an Agreement .............................................. 16-34 Repayment Agreement [24 CFR 792.103] ................................... 16-35 General Repayment Agreement Guidelines for Families ............. 16-35 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......... 16-38 16-V.A. Overview ............................................................................................. 16-38 16-V.B. SEMAP Certification [24 CFR 985.101] ............................................ 16-39 HUD Verification Method ............................................................ 16-40 16-V.C. SEMAP Indicators [24 CFR 985.3 and Form HUD-52648] .............. 16-41 SEMAP Indicators Chart .............................................................. 16-41 PART VI: RECORD KEEPING ......................................................................................... 16-45 16-VI.A. Overview ............................................................................................. 16-45 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101] ..................... 16-45 16-VI.C. Records Management ......................................................................... 16-46 Privacy Act Requirements [24 CFR 5.212 and Form-9886-A] .... 16-46 Upfront Income Verification (UIV) Records ............................... 16-47 Criminal Records .......................................................................... 16-47 Medical/Disability Records .......................................................... 16-48 Documentation of Domestic Violence,
Dating Violence, Sexual Assault, Stalking
or Human Trafficking ................................................................... 16-48 Exhibit 2
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PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN
WITH ELEVATED BLOOD LEAD LEVEL ................................................... 16-49 16-VII.A. Overview ............................................................................................. 16-49 16-VII.B. Reporting Requirement [24 CFR 35.1225(e) );
Notice PIH 2017-13] ........................................................................... 16-49 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)] ............... 16-49 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16-50 16-VIII.A. Overview ........................................................................................... 16-50 16-VIII.B. Methodology ..................................................................................... 16-51 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY ................................................... 16-52 16-IX.A. Overview ............................................................................................. 16-52 16-IX.B. Definitions [24 CFR 5.2003] ............................................................... 16-53 16-IX.C. Notification [24 CFR 5.2005(a), 42 USC 13925] ............................... 16-55 Notification to Public .................................................................... 16-55 Notification to Program Applicants and Participants
[24 CFR 5.2005(a)(1)] .................................................................. 16-56 Notification to Owners and Managers .......................................... 16-57 16-IX.D. Documentation [24 CFR 5.2007] ........................................................ 16-58 Conflicting Documentation [24 CFR 5.2007(e)] .......................... 16-59 Discretion to Require No Formal Documentation
[24 CFR 5.2007(d)] ...................................................................... 16-59 Failure to Provide Documentation [24 CFR 5.2007(c)] ............... 16-60 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] .................................... 16-60 Exhibit 16-1: Sample Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 ............................................................. 16-61 Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382 ............................ 16-67 Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HCV Version) .......................... 16-69 Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 ...................... 16-73 Exhibit 16-5: Model Owner Notification of Rights and Obligations ...................................... 16-76 Exhibit 2
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Chapter 17
SPECIAL PURPOSE VOUCHERS
PART I: FAMILY UNIFICATION PROGRAM (FUP) ..................................................... 17-2 17-I.A. Program Overview [Fact Sheet, Housing Choice Voucher Program Family Unification Program (FUP)] ..................................................... 17-2 Overview ......................................................................................... 17-2 Assigning Vouchers [FUP FAQs] .................................................. 17-3 17-I.B. Public Child Welfare Agency (PCWA) ................................................ 17-3 Supportive Services ........................................................................ 17-4 17-I.C. FUP Family Voucher Eligibility Criteria ............................................. 17-5 17-I.D. FUP Youth Voucher Eligibility Extension of Assistance Criteria ....... 17-7 Eligibility Criteria ........................................................................... 17-7 17-I.E. Assistance Period [FR Notice 1/24/22] ................................................ 17-8 Maximum Assistance Period .......................................................... 17-8 Extension of Assistance .................................................................. 17-8 Statutory Exceptions ....................................................................... 17-8 Education, Workforce Development,
or Employment Activities ............................................................. 17-10 FSS Enrollment at 24 Months....................................................... 17-11 FSS Enrollment Between 36 and 48 Months ................................ 17-12 FSS Enrollment After 48 Months ................................................. 17-12 Extensions of Assistance .............................................................. 17-12 No FSS Program or Unable to Enroll in FSS ............................... 17-13 Verification Prior to Annual Reexam ........................................... 17-13 Termination of Assistance for Failure to Meet Conditions .......... 17-15 17-I.F. Referrals and Waiting List Management ............................................ 17-16 Referrals ........................................................................................ 17-16 Waiting List Placement ................................................................. 17-17 Waiting List Selection .................................................................. 17-17 17-I.G. PHA HCV Eligibility Determination .................................................. 17-18 Additional FUP Eligibility Factors [FUP FAQs] ......................... 17-18
17.I.H. Lease Up [FR Notice 1/24/22] ............................................................ 17-19 17-I.I. Termination of Assistance .................................................................. 17-20 General Requirements .................................................................. 17-20 FUP Family Vouchers .................................................................. 17-20 FUP Youth Vouchers .................................................................... 17-21 17-I.J. FUP Portability ................................................................................... 17-22 Considerations for FUP Youth Vouchers ..................................... 17-22 17-I.K. Project-Basing FUP Vouchers Notice PIH 2017-21; FR Notice 5/7/24; 24 CFR 983.6(d)(2); 983.54(c);
983.262(c) and (e); and FR Notice 1/24/22 ........................................ 17-22 Exhibit 2
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PART II: FOSTER YOUTH TO INDEPENDENCE INITIATIVE................................... 17-23 17-II.A. Program Overview [Notice PIH 2020-28;
Notice PIH 2023-04; FR Notice 1/24/22] ........................................... 17-23 17-II.B. Partnering Agencies [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar] .............................................. 17-24 Public Child Welfare Agency (PCWA) ........................................ 17-24 Continuum of Care (CoC) and Other Partners ............................. 17-24 17-II.C. Youth Eligibility Criteria [Notice PIH 2023-04; FYI Q&As; FYI FAQs] ...................................................................... 17-25 17-II.D. Supportive Services [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar; FYI Q&As] .......................... 17-26 17-II.E. Referrals and Waiting List Management [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar FYI FAQs] ...... 17-27 Referrals ........................................................................................ 17-27 Waiting List Placement [Notice PIH 2023-04 and FYI FAQs] .... 17-28 Waiting List Selection .................................................................. 17-28 17-II.F. PHA HCV Eligibility Determination [FYI FAQs] ............................. 17-29 Additional Eligibility Factors ....................................................... 17-29 17-II.G. Lease Up [FR Notice 1/24/22] ............................................................ 17-30 Turnover ....................................................................................... 17-30 17-II.H. Maximum Assistance Period
[Notice PIH 2023-04 and FYI FAQs; FR Notice 1/24/22]................. 17-31 Extension of Assistance ................................................................ 17-31 Statutory Exceptions ..................................................................... 17-31 Education, Workforce Development,
or Employment Activities ............................................................. 17-33 FSS Enrollment at 24 Months....................................................... 17-34 FSS Enrollment Between 36 and 48 Months ................................ 17-34 FSS Enrollment After 48 Months ................................................. 17-35 Extensions of Assistance .............................................................. 17-35 No FSS Program or Unable to Enroll in FSS ............................... 17-35 Verification Prior to Annual Reexam ........................................... 17-35 Termination of Assistance for Failure to Meet Conditions\ ......... 17-37 17-II.I. Termination of Assistance [FYI FAQs] ............................................. 17-37 17-II.J. Portability [FYI FAQs] ....................................................................... 17-38 17-II.K. Project-Basing FYI Vouchers [FYI FAQs; FR Notice 1/24/22; Notice PIH 2024-03] ........................................................................... 17-38 Exhibit 2
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PART III: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM ....... 17-39 17-III.A. Program Overview .............................................................................. 17-39 17-III.B. Referrals [FR Notice 8/13/24 and HUD-VASH Qs and As] .............. 17-40 17-III.C. HCV Program Eligibility [FR Notice 8/13/24] .................................. 17-41 Social Security Numbers .............................................................. 17-41 Proof of Age ................................................................................. 17-41 Photo Identification ...................................................................... 17-41 Income Eligibility [FR Notice 8/13/24] ........................................ 17-42 Minimum Rent [FR Notice 8/13/24] ............................................ 17-43 Screening [FR Notice 8/13/24] ..................................................... 17-43 Denial of Assistance [Notice PIH 2008-37] ................................. 17-43 17-III.D. Changes in Family Composition ........................................................ 17-44 Adding Family Members [FR Notice 8/13/24] ............................ 17-44 Remaining Family Members [HUD-VASH Qs and As] .............. 17-44 Family Break Up [HUD-VASH Qs and As] ................................ 17-44 17-III.E. Leasing [FR Notice 8/13/24] .............................................................. 17-45 Waiting List .................................................................................. 17-45 Exception Payment Standards [FR Notice 8/13/24] ..................... 17-45 Voucher Issuance [FR Notice 8/13/24] ........................................ 17-45 Special Housing Types [FR Notice 8/13/24] ................................ 17-46 Initial Lease Term [FR Notice 8/13/24] ....................................... 17-46 Ineligible Housing [[FR Notice 8/13/24] ...................................... 17-46 Pre-Inspections [FR Notice 8/13/24] ............................................ 17-46 17-III.F. Portability [Notice PIH 2011-53 and FR Notice 8/13/24] .................. 17-47 General Requirements .................................................................. 17-47 Portability within the Initial VAMC or DSP’s Catchment Area .. 17-47 Portability Outside of the Initial VAMC
or DSP’s Catchment Area ............................................................. 17-47 Portability Outside of the Initial VAMC
or DSP’s Catchment Area under VAWA ..................................... 17-48 17-III.G. Termination of Assistance [FR Notice 8/13/24] ................................. 17-49 Cessation of Case Management .................................................... 17-49 Serious Violation of the Lease ...................................................... 17-49 VAWA [FR Notice 8/13/24] ........................................................ 17-50 Exhibit 2
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17-III.H. Project-Basing VASH Vouchers ....................................................... 17-51 General Requirements
[Notice PIH 2017-21 and FR Notice 8/13/24] .............................. 17-51 Ineligible Units ............................................................................. 17-51 Termination of Assistance ............................................................ 17-52 Moves ........................................................................................... 17-52 Wrong-Sized or Accessible Units ................................................. 17-53 Contract Terminations .................................................................. 17-53 Rents ............................................................................................. 17-53 Removing Units from the HAP Contract
for Ineligible Families ................................................................... 17-53 Zero HAP Families ....................................................................... 17-54 Proposal Project Selection ............................................................ 17-54 Failure to Participate in Case Management
[FR Notice 8/13/24] ...................................................................... 17-55 Moves [HUD-VASH Qs and As, FR Notice 8/13/24] ................. 17-55 PART IV: MAINSTREAM VOUCHER PROGRAM ........................................................ 17-56 17-IV.A. Program Overview [Notice PIH 2020-01
and Notice PIH 2-2024-30] ................................................................ 17-56 17-IV.B. Eligible Population [Notice PIH 2020-01 and
Notice PIH 2020-22] ........................................................................... 17-57 17-IV.C. Partnership And Supportive Services [Notice PIH 2020-01] ............. 17-58 17-IV.D. Waiting List Administration [Notice PIH 2024-30] ........................... 17-59 17-IV.E. Preferences [Notice PIH 2024-30] ...................................................... 17-60 17-IV.F. Voucher Issuance ................................................................................ 17-61 Initial Search Term [Notice PIH 2024-30] ................................... 17-61 Voucher Extension [Notice PIH 2024-30] ................................... 17-61 17-IV.G. Portability [Notice PIH 2020-01 and
Mainstream Voucher Basics Webinar, 10/15/20] ............................... 17-63 17-IV.H. Project-Basing Mainstream Vouchers [FY19 Mainstream Voucher NOFA Q&A] ....................................................................... 17-63 PART IV: NON-ELDERLY DISABLED (NED) VOUCHERS............................................. 17-64 17-V.A. Program Overview [Notice PIH 2013-19] .......................................... 17-64 17-V.B. Eligible Population ............................................................................. 17-66 General Requirements [Notice PIH 2013-19] .............................. 17-66 NED Category 2 [Notice PIH 2013-19
and NED Category 2 FAQs] ......................................................... 17-66 17-V.C. Waiting List ........................................................................................ 17-67 General Requirements [Notice PIH 2013-19] .............................. 17-67 NED Category 2 Referrals [NED Category 2 FAQs] ................... 17-67 Reissuance of Turnover Vouchers [Notice PIH 2013-19] ............ 17-68 Exhibit 2
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17-V.D. Lease Up [Notice PIH 2013-19] ......................................................... 17-69 Briefings ....................................................................................... 17-69 Voucher Term ............................................................................... 17-69 Special Housing Types [Notice PIH 2013-19
and NED Category 2 FAQs] ......................................................... 17-70 17-V.E. Portability [NED Category 2 FAQs] .................................................. 17-70 PART VI: STABILITY VOUCHER PROGRAM ............................................................... 17-71 17-VI.A. Program Overview [Notice PIH 2022-24] .......................................... 17-71 17-VI.B. Partnering Organization [Notice PIH 2022-24] .................................. 17-71 17-VI.C. Referrals [Notice PIH 2022-24].......................................................... 17-72 CoC Referrals ............................................................................... 17-72 Referrals from Outside the CoC ................................................... 17-72 17-VI.D. Waiting List [Notice PIH 2022-24] .................................................... 17-73 HCV Waiting List ......................................................................... 17-73 SV Waiting List ............................................................................ 17-74 HCV Waiting List Preferences ..................................................... 17-74 SV Waiting List Preferences ........................................................ 17-74 17-VI.E. Family Eligibility [Notice PIH 2022-24] ............................................ 17-75 Referring Agency Determination of Eligibility ............................ 17-75 Mandatory Denials ........................................................................ 17-75 Permissive Denial ......................................................................... 17-76 Self-Certification of Income at Admission ................................... 17-77 Recently Conducted Income Determinations ............................... 17-78 EIV Income Validation ................................................................. 17-79 Social Security Number and Citizenship Status Verification ....... 17-79 Age and Disability Verifications .................................................. 17-80 Income Targeting .......................................................................... 17-80 17-VI.F. Housing Search And Leasing ............................................................. 17-81 Initial Voucher Term .................................................................... 17-81 Pre-Inspections ............................................................................. 17-81 Initial Lease Term ......................................................................... 17-81 Portability ..................................................................................... 17-82 Family Briefing ............................................................................. 17-82 17-VI.G. Payment Standards .............................................................................. 17-83 Overview ....................................................................................... 17-83 Increases in Payment Standards.................................................... 17-83 17-VI.H. Project-Based Units ............................................................................. 17-84 Exhibit 17-1: Sample Stability Voucher (SV) Homeless Provider’s Certification .................. 17-85 Exhibit 17-2: Sample Victim Service Provider’s Certification ............................................... 17-87 Exhibit 17-3: Sample SV Memorandum Of Understanding .................................................... 17-89
Exhibit 2
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Chapter 18
EMERGENCY HOUSING VOUCHERS (EHVs)
PART I: FUNDING............................................................................................................. 18-2 18-I.A. Funding Overview ................................................................................... 18-2 Housing Assistance Payments (HAP) Funding ...................................... 18-2 Administrative Fee and Funding ............................................................. 18-2 18-I.B. Service Fees ............................................................................................. 18-4 PART II: PARTNERING AGENCIES ................................................................................ 18-7 18-II.A. Continuum Of Care (CoC) ..................................................................... 18-7 18-II.B. Other Partnering Organizations .............................................................. 18-7 18-II.C. Referrals ................................................................................................. 18-7 CoC and Partnering Agency Referrals ................................................... 18-7 Offers of Assistance with CoC Referral ................................................ 18-9 PART III: WAITING LIST MANAGEMENT .................................................................... 18-10 18-III. A. HCV Waiting List ............................................................................... 18-10 18-III.B. EHV Waiting List ............................................................................... 18-10 18-III.C. Preferences .......................................................................................... 18-11 HCV Waiting List Preferences ........................................................... 18-11 PART IV: FAMILY ELIGIBILITY ..................................................................................... 18-12 18-IV.A. Overview ............................................................................................. 18-12 18-IV.B. Referring Agency Determination of Eligibility ................................... 18-12 18-IV.C. PHA Screening .................................................................................... 18-13 Overview ............................................................................................. 18-13 Mandatory Denials .............................................................................. 18-13 Permissive Denial ............................................................................... 18-14 18-IV.D. Income Verification at Admission....................................................... 18-16 Self-Certification at Admission .......................................................... 18-16 Recently Conducted Income Determinations ..................................... 18-17 EIV Income Validation ....................................................................... 18-17 18-IV.E. Social Security Number and Citizenship Status Verification .............. 18-18 18-IV.F. Age and Disability Verification ........................................................... 18-18 18-IV.G. Income Targeting................................................................................. 18-19 PART V: HOUSING SEARCH AND LEASING .............................................................. 18-20 18-V.A. Initial Voucher Term ............................................................................ 18-20 18-V.B. Housing Search Assistance ................................................................... 18-20 18-V.C. HQS Pre-Inspections ............................................................................. 18-21 18-V.D. Initial Lease Term ................................................................................. 18-22 18-V.E. Portability .............................................................................................. 18-22 Nonresident Applicants ......................................................................... 18-22 Billing and Absorption .......................................................................... 18-22 Family Briefing ..................................................................................... 18-23 Coordination of Services....................................................................... 18-23 Services Fee .......................................................................................... 18-24 Placement Fee/Issuance Reporting Fee ................................................ 18-24 18-V.F. Payment Standards ................................................................................ 18-25 Exhibit 2
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Payment Standard Schedule .................................................................. 18-25 Rent Reasonableness ............................................................................. 18-25 Increases in Payment Standards ............................................................ 18-25 18-V.G. Termination of Vouchers ...................................................................... 18-26 PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS .................... 18-28 Exhibit 18-1: Memorandum Of Understanding (MOU) .......................................................... 18-29 Exhibit 18-2: Homeless Provider’s Certification ..................................................................... 18-38 Exhibit 18-3: Example Of a Victim Services Provider’s Certification .................................... 18-40
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Administrative Plan -Table of Contents
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Admin Plan 6/1/2026
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GLOSSARY
HOTMA 102/104 Appendix to the Administrative Plan
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Intro-i
Introduction
HOTMA CHANGES IN THE ADMINISTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.
HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexams (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104and no new date has been provided. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.
HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that in order to update their policy documents for HOTMA in this circumstance, PHAs may create an appendix that contains the HOTMA policies that will be incorporated at a later date. The model policy adopts such an approach. HOTMA 102/104 policies are provided in each affected area of the model policy. However, with the exception of the policies HUD has indicated may be adopted early, HOTMA policies that are “on hold” are indicated in the model policy as such. Further, an appendix has been provided to explicitly call out those policies that are on hold.
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Intro-ii
HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2024, the model policy states that certain policies are not effective until a specific date.
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Intro-iii
ABOUT THE ADMINISTRATIVE PLAN
REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for PHA policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.
HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.
Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.
State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.
Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
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Intro-iv
NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and habitable condition at certain times prescribed by the regulations. The current applicable inspection standard for the HCV and PBV programs is Housing Quality Standards (HQS). On May 11, 2023, HUD published a final rule implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new approach to defining and assessing housing quality across multiple HUD programs. 24 CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as they pertain specifically to the HCV and PBV programs. Collectively, this is known as “NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior to October 1, 2025, provided they do so in accordance with requirements in FR Notice 7/5/24.
However, even once the HQS inspection standard has sunset, the regulations at 24 CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the terms HQS and housing quality standards rather than NSPIRE. This is because, the definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA. As such, the model policy uses the term housing quality standards whenever applicable regulations use this term. Except in the chapter describing HQS, the acronym HQS is not used in the model policy in order to avoid confusion between the umbrella term meaning housing standards and the specific inspection protocol. The model policy only uses the term NSPIRE when referring to specific NSPIRE standards.
HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. HUD published a final rule on February 14, 2023, revising regulations related to income and assets (Sections 102 and 104 of HOTMA). While the new income and asset regulations were effective January 1, 2024, PHAs were instructed to select a compliance date no later than January 1, 2025. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to select a compliance date because HOTMA compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA- compliant Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations under HOTMA rules without further information on when the new HOTMA-compliant Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
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Intro-v
HOTMA VOUCHER FINAL RULE CHANGES IN THE MODEL POLICY
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2024, the model policy states that certain policies are not effective until a specific date.
RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the administrative plan or that may be helpful to you.
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Intro-vi
HUD HCV Guidebook
In November 2019 HUD began issuing a new version of the HCV Guidebook chapter-by- chapter. Unlike the previous version of the HCV Guidebook in which chapters were numbered, the new version of the guidebook includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.
Therefore, where the HCV Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New HCV GB with a chapter title and page reference (example: New HCV GB, Payment Standards, p. 11). On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portions of the guidebook, specifically the chapters on eligibility, denials, and annual reexaminations and interim reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the HCV Guidebook.
Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the administrative plan.
Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.
New HCV GB Housing Choice Voucher Program Guidebook (7420.10G), Various dates of release
HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs
Resources and Where to Find Them
The HUD website is https://www.hud.gov/.
Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips.
Following is a list of resources helpful to the PHA or referenced in the administrative plan, and the online location of each.
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Intro-vii
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunity-through- modernization-act-of-2016-implementation-of-sections-102-103-and- 104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium=email HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF VAWA Resources
https://www.hud.gov/vawa
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Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
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 (ACC) with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation.
This chapter contains information about the PHA and its programs with emphasis on the HCV program. It also contains information about the purpose, intent and use of the plan and guide.
There are three parts to this chapter:
Part I: The 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. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.
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PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff.
1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the Glendale Housing Authority for the jurisdiction of the City of Glendale, County of Los Angeles.
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 the responsibility for hiring, training and supervising the PHA staff in order to manage the day-to-day operations of the PHA. The executive director is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the executive director’s duties include budgeting and financial planning for the agency.
1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions.
GHA Policy
The mission of the Housing Authority of the City of Glendale is to provide safe, decent, and sanitary affordable housing and services to persons of low, very low and extremely low income families by ensuring that all neighborhoods in the City are quality, livable places that are free from blight, where residents feel safe and can access resources and services which enhance their ability to support themselves, their families and community.
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1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
GHA Policy
The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program.
1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV program participants, owners, and to the community. The PHA’s standards include:
• Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, and sanitary housing – in compliance with program housing quality standards – for very low income families while ensuring that family rents are fair, reasonable, and affordable.
• Encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs.
• Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. • Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission.
• Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development.
The PHA will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them.
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PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program.
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (“housing quality standards”) and was within certain HUD-established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family’s adjusted income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.
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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.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. • The Final Rule implementing broad changes to income and asset in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. HUD issued a revised version of the notice on February 2, 2024. • The Final Rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes from the NSPIRE final rule.
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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.
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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.
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The HCV Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner /
Landlord
Family
(Program
Participant)
Voucher specifies
Family Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Lease specifies Tenant
and Landlord
Obligations
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
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What Does HUD Do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing program legislation passed by Congress;
• Allocate HCV program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying HCV program requirements;
• Monitor PHA compliance with HCV program requirements and PHA performance in program administration.
What Does the PHA Do?
The PHA administers the HCV program under contract with HUD and has the following major responsibilities:
• Establish local policies to administer the program;
• Review applications from interested applicants to determine whether they are eligible for the program;
• Maintain 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 ACC, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws.
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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 minimum quality standards developed by HUD in accordance with 24 CFR 5.703 (including any variations approved by HUD for the PHA) and make necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease.
Exhibit 2
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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;
• 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.
Exhibit 2
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Admin Plan 6/1/2026
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) Exhibit 2
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PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s agency plan. This administrative plan is a supporting document to the PHA agency plan and is available for public review as required by CFR 24 Part 903.
This administrative plan is set forth to define the PHA's local policies for 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 follow:
• Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4); • Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions 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);
Exhibit 2
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Admin Plan 6/1/2026
• 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, (Chapter 16); • Policies on administering decreases and increases in the payment standard during the HAP contract term (Chapter 6);
• The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
• Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
• Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16);
• Interim redeterminations of family income and composition (Chapter 11); • Restrictions, if any, on the number of moves by a participant family (Chapter 10); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16);
• Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8);
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3); • Special policies governing any special purpose vouchers issued by the PHA (Chapter 19).
Exhibit 2
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Admin Plan 6/1/2026
Mandatory vs. Discretionary Policy
HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
• Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.
Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions. 1-III.C. ORGANIZATION OF THE PLAN
The plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD.
GHA 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.
Exhibit 2
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Exhibit 2
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Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing choice voucher (HCV) operations.
This chapter describes HUD regulations and PHA policies related to these topics in three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the 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. This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register.
Exhibit 2
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PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
• Executive Orders 11063 and 13988
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
• Violence Against Women Act (VAWA)
When more than one civil rights law applies to a situation, the laws will be read and applied together.
Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.
GHA Policy
The California Fair Employment and Housing Act and the California Unruh Civil Rights Act apply in defining additional protected classes of groups and individuals protected from illegal housing discrimination, and more stringent protections for federally- protected groups and individuals, and will be applied in program nondiscrimination practices.
California law protects individuals from illegal discrimination based on the following:
Race, color
Ancestry, national origin Religion
Disability, mental or physical
Sex, gender
Sexual orientation
Gender identity, gender expression
Exhibit 2
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Genetic information
Marital status
Familial status
Source of income
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].
GHA Policy
California law protects individuals from illegal discrimination based on the following:
Race, color
Ancestry, national origin Religion
Disability, mental or physical Sex, gender
Sexual orientation
Gender identity, gender expression Genetic information
Marital status
Familial status
Source of income
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
Exhibit 2
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• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class
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.
Exhibit 2
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2-I.C. DISCRIMINATION COMPLAINTS
General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. The PHA should make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.
In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.
Complaints under the Equal Access Final Rule [Notice PIH 2014-20] Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation. The PHA will be informed on these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.
GHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing.
The PHA will 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.
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.)
Exhibit 2
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VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.
Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.
GHA Policy
Applicants or tenant families who wish to file a VAWA complaint against the PHA may notify the PHA either orally or in writing.
The PHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The PHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO’s online complaint form via mail, email, or telephone.
The PHA will attempt to remedy complaints made against the PHA and will conduct an investigation into all allegations of discrimination.
The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Exhibit 2
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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.
GHA Policy
The PHA will ask all applicants and participants if they require any type of accommodations on the intake application, reexamination documents, and notices of adverse action by the PHA.
Exhibit 2
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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 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
• Allowing for exceptions to the PHA’s subsidy standards • Allowing a change in the family’s rent due date to correspond with the receipt of the head of household, or spouse or cohead’s SSI or SSDI benefits
Exhibit 2
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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.
GHA 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.
Exhibit 2
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2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.
If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.
All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
• Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
• The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA will not inquire about the nature or extent of any disability.
• Medical records will not be 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].
Exhibit 2
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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.
GHA 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 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.
Exhibit 2
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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.
GHA 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.
Exhibit 2
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2-II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following:
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The PHA’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents:
• This plan describes the key policies that govern the PHA’s responsibilities with regard to physical accessibility.
• Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to 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.
Exhibit 2
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2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform them of the PHA’s informal review process and their right to request an informal review. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review 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.
Exhibit 2
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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.
Exhibit 2
105 of 1125
© Copyright 2023 Nan McKay & Associates, Inc Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
2-III.B. ORAL INTERPRETATION
The PHA will offer competent interpretation services free of charge , upon request, to the LEP person.
GHA 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 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, the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. Where possible, the PHA will use qualified community volunteers to assist with interpretation and translation. 2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written text in another language.
GHA 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.
HUD’s LEP website offers Housing Choice Voucher forms in a multitude of languages:
https://www.hud.gov/program_offices/fair_housing_equal_opp/17lep#Indian4GH
Exhibit 2
106 of 1125
© Copyright 2023 Nan McKay & Associates, Inc Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
GHA will use the following documents provided on HUD’s LEP website in the available languages:
Authorization for the Release of Information/Privacy Act Notice Certification of Domestic Violence, Dating Violence, or Stalking Request for Tenancy Approval
Tenancy Addendum
HAP Contract
Voucher
HUD form-52675 – Debts Owed to Public Housing Agencies
Exhibit 2
107 of 1125
© Copyright 2023 Nan McKay & Associates, Inc Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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.
GHA Policy
If it is determined that the PHA serves very few LEP persons, and the PHA has very limited resources, the PHA will not develop a written LEP plan, but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, grassroots and faith-based organizations, community groups, and groups working with new immigrants will be contacted for input into the process.
If the PHA determines it is appropriate to develop a written LEP plan, the following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.
Exhibit 2
108 of 1125
© Copyright 2023 Nan McKay & Associates, Inc Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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.
Exhibit 2
109 of 1125
© Copyright 2023 Nan McKay & Associates, Inc Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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 disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity.
Exhibit 2
110 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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 be receiving a duplicative subsidy.
- Meet net asset and property ownership restriction requirements.
• The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant’s past or current conduct (e.g., criminal activity) that can cause the PHA to deny assistance as well as the asset limitation for HCV.
Exhibit 2
111 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules.
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 5.403; FR Notice 02/03/12; Notice PIH 2014-20; and FR Notice 2/14/23]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person, an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or a group of persons residing together.
Such group includes but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, and the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.
Gender Identity means actual or perceived gender characteristics.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
GHA 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.
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.
Exhibit 2
112 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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, stalking, or human trafficking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, stalking, and human trafficking, 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, stalking, or human trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator’s HUD–VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD–VASH voucher, which must be issued to another eligible family upon the voucher’s turnover.
• If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court’s determination of which family members continue to receive assistance.
GHA 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, stalking, or human trafficking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible risks to family members as a result of criminal activity; and (5) the recommendations of social service professionals
Exhibit 2
113 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.”
3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse.
GHA 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.
GHA Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse.
A cohead is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead.
GHA 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.
Exhibit 2
114 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
3-I.F. DEPENDENTS AND MINORS [24 CFR 5.603]
A minor is a member of the family, other than the head of family or spouse, who is under 18 years of age.
A dependent is a 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
GHA Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 50 percent or more of the time.
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, or an IRS return showing which family has claimed the child for income tax purposes.
Exhibit 2
115 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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. 3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12]
Elderly Persons
An elderly person is a person who is at least 62 years of age.
Near-Elderly Persons
A near-elderly person is a person who is 50-61 years of age.
Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person.
Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6.
Exhibit 2
116 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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.
GHA Policy
A guest can remain in the assisted unit no longer than 8 consecutive days or a total of 12 cumulative calendar days during any 12-month period.
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 exceed the 8-day visitation limit). An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return.
Exhibit 2
117 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
3-I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603] A foster adult is a member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition, and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
A foster child is a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.
Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are 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].
GHA 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 space standards as described in Section 8-I.F. of this policy.
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
GHA Policy
Generally, an individual who is or is expected to be absent from the assisted unit for 180 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.
Absent Students
GHA Policy
When someone who has been considered a family member attends school away from home, the person will be considered temporarily absent and not removed from the household.
However, space will not be provided for this family member.
Exhibit 2
118 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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.
GHA Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.
Absent Head, Spouse, or Cohead
GHA 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].
GHA 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. 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
GHA Policy
The family must request PHA approval for the return of any adult family members that the PHA previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter.
Exhibit 2
119 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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.
GHA Policy
A family’s request for a live-in aide may be made either orally or in writing. The PHA will verify the need for a live-in aide with a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, unless the disability-related need is apparent or known to the PHA For continued approval, the family may be required to submit a new, written request-subject to PHA verification 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 Person is an existing family member, since the statutory definition of a live-in aide excludes those already living in the unit.
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.
Note: Occasional, intermittent, multiple or rotating care givers do not meet the definition of a live-in aide. Live-in aides must reside with a family permanently for the family unit size to be adjusted in accordance with the subsidy standards. An additional bedroom should not be approved for these caregivers, except when the family’s composition or circumstances warrant the provision of an extra bedroom to permit disability-related overnight care and allow the family equal use and enjoyment of the unit.
Exhibit 2
120 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.
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 and Notice PIH 2023-27] Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limit for their family size.
Income and net family assets of household members are excluded when determining income eligibility; however, household members are considered for purposes of unit size and subsidy standards. In order to be income eligible, an applicant family must be one of the following:
• A very low-income family
• A low-income family that has been “continuously assisted” under the 1937 Housing Act. A family is considered to be continuously assisted if the family is already receiving assistance under any 1937 Housing Act program at the time the family is admitted to the HCV program [24 CFR 982.4; 24 CFR 982.201(b)]
GHA 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
Exhibit 2
121 of 1125
© Copyright 2025 Nan McKay & Associates, Inc. Admin Plan 6/1/2026 Unlimited copies may be made for internal use.