Pittsburg City Council
April 15, 2024

The family will remain eligible to request a choice mobility voucher as long as they continue living at the same covered project. If a family moves from one covered project to
another covered project prior to completing their 12-month occupancy requirement, their 12-month clock will reset. The family must wait 12 months from the date of move at the new property before they may request another choice mobility voucher. If a family transfers to a different unit within the same covered project, the 12-month clock does not reset. 763
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HACP will maintain a combined, agency-wide waiting list for all standard PBV and RAD PBV families wishing to exercise mobility after one year of tenancy. This list will be maintained separately from the tenant-based HCV list. Families on the choice mobility waiting list will be given priority over families on the tenant-based waiting list. The choice mobility waiting list will be organized by date and time of the family’s written request to exercise choice mobility. The list will also identify whether families live in standard or RAD PBV units.

The PHA will not subject RAD PBV families applying for
choice mobility vouchers to any additional rescreening
requirements in order to receive a tenant-based voucher.

Families exercising choice mobility will not be required to vacate their units before a lease has been entered into using their tenant-based voucher. At the time the PHA issues a choice mobility voucher, the PHA will notify the family of their right to remain in their unit if they are unable find a rental unit using the tenant-based voucher.

Turnover Cap
If as a result of RAD, the total number of PBV units (including RAD PBV units) administered by the PHA exceeds 20 percent of the PHA’s authorized units under its HCV ACC with HUD, the PHA may establish a turnover cap. The PHA is not required to provide more than three-quarters of its turnover vouchers in any single year to the residents of covered projects. If the PHA chooses to establish a turnover cap and the cap is implemented, the PHA must create and maintain a waiting list in the order requests from eligible households were received.

HACP Policy:

As a result of RAD, the total number of PBV units (including RAD PBV units) administered by the PHA exceeds 20 percent of the PHA’s authorized units under its HCV ACC with HUD. Therefore, HACP will establish a choice mobility cap. HACP will not provide more than three-quarters of its turnover vouchers in a single year to residents of covered projects.

Families who requested a choice mobility voucher and are denied due to the cap will be given priority the following year when choice mobility vouchers are again issued since the choice mobility list will be organized by the date and time of the family’s request. 764
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Emergency Transfers under VAWA [Notice PIH 2017-08]
Except where special consideration is needed for the project-based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4).

HUD requires that the PHA include policies that address when a victim has been living in a unit for less than a year or when a victim seeks to move sooner than a tenant-based voucher is available.

HACP Policy:

When the victim of domestic violence, dating violence, sexual assault, or stalking or human trafficking has lived in the unit for less than one year, HACP will provide several options for continued assistance.

HACP will first try to transfer the participant to another PBV unit in the same development or transfer to a different development where HACP has PBV units. HACP will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible. If assistance is transferred to another development, the PHA will give priority to the participant on the other development’s waiting list.

If no units are available for an internal transfer to a PBV development or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to either tenant- based rental assistance (HCV) or assistance in HACP’s public housing program. Such a decision will be made by HACP based on the availability of tenant-based vouchers and/or vacancies in public housing units.

If a victim wishes to move after a year of occupancy in the unit, but no tenant-based vouchers are available, the PHA will offer the participant an internal transfer to another PBV unit in the same development or a transfer to a different development where HACP has PBV units. HACP will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible.

If no units are available for an internal transfer, or if there is 765
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reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to HACP’s public housing program. 18-VI.F. REEXAMINATIONS [RAD PBV QUICK REFERENCE
GUIDE 06/20]
A family living in a unit converted from public housing to RAD PBV may retain its certification date. Unless a family’s annual reexamination is due at the same time as the effective date of the RAD PBV HAP contract, the PHA does not need to recertify tenan ts
at the point of conversion. For each family residing in a unit undergoing conversion of assistance under RAD, the administering PHA will have to submit a form HUD-50058 reflecting the family’s admission to the voucher program. The effective date of the new admission will be the same as the effective date of the RAD PBV HAP contract. The form should include the same information previously found on the public housing form 50058, including the next annual reexamination date.
18-VI.G. EARNED INCOME DISALLOWANCE [NOTICE PIH
2019-23]
Tenants who are employed and are currently receiving the EID exclusion at the time of conversion will continue to receive the EID after conversion, in accordance with regulations at 24 CFR 5.617.

Upon the expiration of the EID for such families, the rent adjustment will not be subject to rent phase-in; instead, the rent will automatically rise to the appropriate rent level based upon tenant income at that time. Any non-RAD PBV units located in the same project are also subject to these requirements.

Under the HCV program, the EID exclusion is limited to only persons with disabilities [24 CFR 5.617(b)]. In order to allow all tenants (including non-disabled persons) who are employed and currently receiving the EID at the time of conversion to continue to benefit from this exclusion in the PBV project, the provision in section 5.617(b) limiting EID to only persons with disabilities is waived. The waiver and resulting alternative requirement only applies to tenants receiving the EID at the time of conversion. No other tenant, such as tenants who at one time received the EID but are not receiving the EID exclusion at the time of conversion (e.g., due to loss of employment), tenants that move into the property following conversion, etc., is covered by this waiver.
18-VI.H. RESIDENTS’ PROCEDURAL RIGHTS [NOTICE PIH
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2019-23]
HUD is incorporating additional termination notification requirements for public housing projects that convert assistance under RAD to PBV and to non-RAD PBV units located in the same project beyond those for the standard PBV program. In addition to the regulations at 24 CFR 983.257 related to owner termination of tenancy and eviction (which MTW agencies may not alter) the termination procedure for RAD conversions to PBV require that PHAs provide adequate written notice of termination of the lease, which is:
- A reasonable period of time, but not to exceed 30 days:
- If the health or safety of other tenants, project owner employees, or persons residing in the immediate vicinity of the premises is threatened; or
- In the event of any drug-related or violent criminal activity or any felony conviction.
• Not less than 14 days in the case of nonpayment of rent • Not less than 30 days in any other case, except that if a state or local law provides for a shorter period of time, such shorter period will apply 18-VI.I. INFORMAL REVIEWS AND HEARINGS [NOTICE PIH
2019-23]
In addition to reasons for an informal hearing listed at 24 CFR 982.555(a)(1)(i)–(vi) (See 16-III.C. Informal Hearings for Participants), an opportunity for an informal hearing must be given to residents for any dispute that a resident may have with respect to an owner action in accordance with the individual’s lease or the contract administrator in accordance with RAD PBV requirements that adversely affect the resident’s rights, obligations, welfare, or status.
• For any hearing required under 24 CFR 982.555(a)(1)(i)– (vi), the contract administrator will perform the hearing in accordance with Chapter 16 Part III: Informal Reviews and Hearings, as is the current standard in the program.
• For any additional hearings required under RAD, the PHA (as owner) will perform the hearing. An informal hearing will not be required for class grievances or for disputes between residents not involving the PHA (as owner) or contract
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administrator. This hearing requirement does not apply to and is not intended as a forum for initiating or negotiating policy changes between a group or groups of residents and the PHA (as owner) or contract administrator.

The as owner must give residents notice of their ability to request an informal hearing as outlined in 24 CFR 982.555(c)(1) for informal hearings that will address circumstances that fall outside of the scope of 24 CFR 982.555(a)(1)(i)–(v). (See Chapter 16) The owner must provide an opportunity for an informal hearing before an eviction.

PART VII: DETERMINING CONTRACT RENT 18-VII.A. INITIAL
CONTRACT RENTS [NOTICE PIH 2019-23]
RAD conversions are intended to be cost-neutral, and therefore, should not exceed current public housing funding as adjusted for unit size. Since public housing units do not currently have contract rents, HUD provides an estimate of current contract rents for each PHA’s public housing units based on current funding as adjusted by bedroom size. Current funding includes operating subsidy, tenant rents, capital funds, replacement housing factor funds (RHF), and demolition disposition transitional funding (DDTF). The funding may limit the amount of initial rent for a property. A detailed explanation of the determination of current funding may be found in Attachment 1C of Notice PIH 2019-23. Once the current funding amount is calculated, the amount is adjusted by bedroom size to determine the current funding rent. HUD uses the same bedroom adjustment factors as in the metropolitan FMR schedules where the project is located.

PHAs may adjust subsidy (and contract rents) across multiple projects as long as the PHA does not exceed the aggregate subsidy for all of the projects the PHA has submitted for conversion under RAD.

Notwithstanding HUD’s calculation of the initial contract rent based on the project’s subsidy under the public housing program and any modifications made to the initial contact rent, the initial rents are set at the lower of:
• An amount determined by the PHA, not to exceed 110
percent of the fair market rent (FMR) or the PHA’s exception payment standard approved by HUD, or the alternate rent cap in a PHA’s MTW agreement minus any utility allowance
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• The reasonable rent
• The rent requested by the owner
18-VII.B. ADJUSTING CONTRACT RENTS [NOTICE PIH 2019-23; RAD PBV QUICK REFERENCE GUIDE 06/20; PHA Asset Repositioning “How to Apply OCAF for RAD PBV” Webinar]
RAD PBV contract rents are adjusted differently than contract rents in the standard PBV program. At each annual anniversary of the HAP contract, contract rents will be adjusted only by HUD’s operating cost adjustment factor (OCAF) that is applied to the current contract rent, less the portion of the rent paid for debt service, subject to the availability of appropriations for each year of the contract term. As such, section 8(o)(13)(I) of the 1937 Act, and 24 CFR 983.301 and 983.302, concerning rent determinations, do not apply when adjusting rents. The rent to owner may at no time exceed the reasonable rent charged for comparable unassisted units in the private market, as determined by the contract administrator in accordance with 24 CFR 983.303.

Contract rents may not exceed the reasonable rent (as determined by the PHA that administers the contract or the independent entity, as applicable), with the exception that the contract rent for each unit may not be reduced below the initial contract rent under the initial HAP contract.

However, the rent to owner may fall below the initial contract rent in the following situations:
• To correct errors in calculations in accordance with HUD requirements
• If additional housing assistance has been combined with PBV assistance after the execution of the initial HAP contract and a rent decrease is required pursuant to 983.55 (prohibition of excess public assistance)
• If a decrease in rent to owner is required based on changes in the allocation of responsibility for utilities between the owner and the tenant.

The contract rent adjustment will be the lesser of:
• The current contract rent increased by the operating cost adjustment factor (OCAF), which is published annually in the Federal Register; or • The reasonable rent
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The administering PHA (or independent entity, if the project is PHA-owned) is responsible for processing rent adjustments, at each contract anniversary date, in accordance with the prevailing OCAF. The PHA who administers the contract (directly or via an independent entity) must maintain records to demonstrate how OCAF amounts were determined and how rent adjustments were calculated.

HUD approval of rent adjustments is not required.

Properties are eligible to receive prior years’ OCAF adjustments for years in which the OCAF was not taken. The OCAF must be applied retroactively if it was missed. The PHA administering the contract (or the independent entity) must make sure that all OCAFs have been applied correctly since the RAD closing and calculate the current rents accordingly, including making sure that the RAD PBV contract rents do not exceed the PBV program caps.

HACP Policy:

The owner will request a contract rent adjustment from the PHA who administers the contract within 120 days, but no less than 60 days, prior to the HAP contract anniversary date by submitting a completed OCAF rent adjustment worksheet (Form HUD-9624). The independent entity will validate the data on the form and determine whether the rent exceeds the reasonable rent charged for comparable unassisted units in the private market, in accordance with 24 CFR 983.303. If rents would be unreasonable following application of the requested OCAF, then the rent will only be increased up to the reasonable rent. The independent entity will notify the PHA who administers the contract in writing of the results of its review of the rent adjustment request. The PHA who administers the contract will retain a copy of the worksheet and any other records necessary to demonstrate how the OCAF was used to make rent adjustments for audit purposes. The approved rent adjustment will go into effect via written notice from the PHA that administers the project to the owner. This notice will constitute an amendment to the rents specified on Exhibit A of the RAD PBV HAP contract. The new rents to the owner will take effect on the date of the contract anniversary.

Rent Decrease
Rents must not be reduced below the initial rent except to correct errors, for additional subsidy to the property, or to realign utility responsibilities. 18 -VII.C. UTILITY ALLOWANCES [NOTICE PIH 2019-23; RAD PBV QUICK REFERENCE GUIDE 06/20]
When contract rent amounts are set initially, the amount does not include a utility allowance. In general, the utility allowances that are used on the initial HAP contract at closing are the public housing utility allowances that are in effect prior 770
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to conversion. The CHAP must be updated prior to conversion to reflect current public housing utility allowances. At its discretion, a PHA may use the FMRs and utility allowances in effect during the 30-day period immediately before the beginning date of the HAP contract.

After conversion, the PHA that administers the contract must maintain the utility allowance schedule. The PHA may either maintain a utility allowance schedule for tenant-paid utilities in accordance with standard PBV and HCV utility allowance regulations at 24 CFR 983.301(f)(2)(ii) and 24 CFR 982.517 respectively, or the PHA may instead apply site specific utility allowances. HUD waived the requirement for the standard PBV program that the HCV utility allowance be used. If a site-specific utility allowance is used, the utility allowance is applicable to non-RAD PBV units in the project and is calculated consistent with Notice H 2015 04.

Each family transitions to the new utility allowance at their first recertification following conversion.

HACP Policy:

HACP will use the HCV utility allowance schedule for the RAD PBV developments unless an alternative utility allowance, such as the California Utility Allowance Calculator, has been adopted to accommodate HOME or other forms of assistance.
18-VII.D. REASONABLE RENT [24 CFR 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA, except rents must not be reduced below the initial rent except to correct errors, for additional subsidy to the property, or to realign utility responsibilities.

How to Determine Reasonable Rent
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for other comparable unassisted units. When making this determination, the PHA must consider factors that affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the amenities, housing services maintenance, and utilities to be provided by the owner.

Comparability Analysis
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For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project- based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property.

PHA-Owned Units
For PHA-owned units, the amount of the reasonable rent must be determined by an independent agency approved by HUD in accordance with PBV program requirements. The independent entity must provide a copy of the determination of reasonable rent for PHA-owned units to the PHA and to the HUD field office where the project is located.

PART VIII: PAYMENTS TO OWNER
18-VIII.A. HOUSING ASSISTANCE PAYMENTS
During the term of the HAP contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be made for each month that a contract unit complies with HQSNSPIRE and is leased to and occupied by an eligible family. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date.

Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to the owner for any month after the month when the family moves out of the unit (even if household goods or property are left in the unit).

The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent (total tenant payment minus the utility allowance).

In order to receive housing assistance payments, the owner must comply with all provisions of the HAP contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a right to receive housing assistance payments.

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18-VIII.B. VACANCY PAYMENTS [24 CFR 983.352]
If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the family moves out.

However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.

HACP Policy:

If HACP determines that the owner is responsible for a vacancy and as a result is not entitled to keep the housing assistance payment, HACP will notify the landlord of the amount of housing assistance payment that the owner must repay. The PHA will require the owner to repay the amount owed in accordance with the policies in Section 16-IV.B.

At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. The PHA may only make vacancy payments if:
• The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and identifies the date when the family moved out (to the best of the owner’s knowledge);
• The owner certifies that the vacancy is not the fault of the owner, and that the unit was vacant during the period for which payment is claimed, • The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and
• The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment.

The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the amount of any vacancy payment.

HACP Policy:

If an owner’s HAP contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified HACP of the vacancy in accordance with the policy in Section 18-V.G. regarding filling vacancies.

In order for a vacancy payment request to be considered, it must be made within 10 business days of the end of the period for which the owner is requesting the vacancy payment. The request must include the required owner certifications and HACP may require the owner to provide documentation to support the request. If the owner does not provide the 773
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information requested by HACP within 10 business days of HACP’s request, no vacancy payments will be made.
18-VIII.C. TENANT RENT TO OWNER [24 CFR 983.353]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is determined by the PHA in accordance with HUD requirements.

Any changes in the amount of tenant rent will be effective on the date stated in the PHA notice to the family and owner.

The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment, and utilities to be provided by the owner. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess payment to the tenant.

Initial Certifications [Notice PIH 2019-23]
For the initial certification, the PHA will use the family’s public housing tenant rent (reflected on line 10f of the family’s most recent 50058) at the date of conversion to calculate HAP and tenant rent for the PBV program. The PHA will use this amount until the effective date of the earlier of the family’s first regular or interim recertification following the conversion. At that point, the PHA will use the family’s TTP based on the recertification and the applicable utility allowance (HCV or RAD PBV site-based, as applicable) to determine PBV HAP and tenant rent. Any non- RAD PBV units located in the same project are subject to the same requirements.

Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to the owner that is covered by the housing assistance payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA.

Likewise, the PHA is responsible only for making the housing assistance payment to the owner in accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim by the owner, including damage to the unit. The PHA may not use housing assistance payments or other program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by the owner.

Utility Reimbursements
If the amount of the utility allowance exceeds the total tenant payment, the PHA 774
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must pay the amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the tenant rent to the owner must be zero. The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier.

HACP Policy:

HACP will make utility reimbursements directly to the family. 18-VIII.D. PHASE-IN OF TENANT RENT INCREASES [NOTICE PIH 2019-23; PHA Asset Repositioning “Phase-in of Tenant Rents” Webinar] For in-place tenants, if the amount the tenant would pay for rent and utilities (TTP) increases by more than the greater of 10 percent or $25 purely as a result of conversion, the rent increase will be phased in over three years. To implement this provision, HUD is waiving section 3(a)(1) of the 1937 Act, as well as 24 CFR 983.3 (definition of total tenant payment (TTP)) only to the extent necessary to allow for the phase-in of tenant rent increases. For families who were on EID at the time of conversion to RAD PBV, upon the expiration of the EID, the rent adjustment is not subject to rent phase-in.

The PHA must communicate this policy in writing to affected residents. Any non- RAD PBV units located in the same covered project are subject to the terms of the phase-in provisions.

HACP Policy:

HACP will use the family’s public housing tenant rent (reflected on line 10f of the family’s most recent 50058) at the date of conversion to calculate the family’s tenant rent in PBV. HACP will implement a three-year phase- in for in-place families whose TTP increases by more than the greater of 10 percent or $25 purely as a result of the conversion as follows:
- Year 1: Any recertification (interim or annual) performed prior to the second annual recertification after conversion: 33 percent of the difference between the most recently paid TTP and the currently calculated PBV TTP. (If the family was paying flat rent immediately prior to conversion, the PHA will use the flat rent amount to calculate the phase-in for Year 1.) - Year 2: Year 2 annual recertification (AR) and any interim recertification (IR): 50 percent of the difference between the most recently paid TTP and the currently calculated PBV TTP.
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- Year 3: Year 3 annual recertification and all subsequent recertifications:

Full calculated TTP.

Once the standard TTP is equal to or less than the previous TTP, the phase-in ends and tenants will pay full TTP from that point forward.

If the family’s income falls during the phase-in period such that the currently calculated PBV TTP falls below the amount that would otherwise be the phased-in rent, the family pays the currently calculated PBV TTP and the phase-in ends. HACP will communicate the PHA’s phase-in policy in writing to the family at the time HACP’s first determines that the family qualifies for a rent phase-in. Any non-RAD PBV units located in the same project are also subject to rent phase-in requirements.

18.VIII.E. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy.

In assisted living developments receiving PBV assistance, the owner may charge for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of the reasonable rent. However, nonpayment of such charges is grounds for termination of the lease by the owner in an assisted living development.

Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the premises.

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EXHIBIT 18-1: PBV DEVELOPMENT INFORMATION
(Fill out one for each development)
Date: [Enter the date on which this form was completed]

DEVELOPMENT INFORMATION
Development Name: [Insert name of PBV development]
Address: [Insert full address of PBV development]
Owner Information: [Insert PBV development owner name and contact information. If development is PHA-owned, enter “PHA-owned.”] Property Management Company: [Insert property management company name and contact information, or enter “None”]
PHA-Owned: [Enter “Yes” or “No.” If yes, enter name of independent entity.] Mixed-Finance Development: [Enter “Yes” or “No.” If yes, list other types of funding and units to which other funding applies.]

HAP CONTRACT
Closing Date: [Enter closing date of RAD conversion]
List Which RAD Notice Applies to the Project: [Enter “PIH 2012-32, REV-2,” “PIH 2012-32, REV-3,” or “PIH 2019-23”]
Effective Date of Contract: [Enter start date of HAP contract] HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter “Pre-HOTMA.” If HAP contract was signed on or after April 18, 2017, enter “Post-HOTMA.”]
Term of HAP Contract: [Enter term from HAP contract]
Expiration Date of Contract: [Enter expiration date from HAP contract]

PBV UNITS
0 BR 1 BR 2 BR 3 BR 4 BR 5 BR Total
# of
Units

Initial
Contract
Rent

$

$

$

$

$

$

Unit Designation: [Enter “Fixed” or “Floating”]
Accessible Units and Features: [Identify which units are accessible and describe accessibility features or enter “None”]
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Target Population: [Describe targeted population in accordance with HAP contract or enter “None”]
Excepted Units (Notice PIH 2012-32, REV-2 Developments Only): [Identify excepted unit types below or enter “None”]
Supportive Services: [Enter “Yes, see Exhibit D of HAP contract” or enter “No”] Elderly Units: [Enter “Yes” or “No.” If yes, identify which units are elderly units.] Disabled Units [Enter “Yes” or “No.” If yes, identify which units are for persons with disabilities.]

WAITING LIST AND SELECTION
Waiting List Type: [Enter “Site-based waiting list,” “Combined with HCV,” “Waiting list for entire PBV program,” or “Merged with another assisted housing program”]
Preferences: [Enter “Same as HCV; see Chapter 4” or describe preferences offered. If different from HCV, note in Section 18.1.C. of this policy.] Preference Verification: [Enter “Same as HCV; see Chapter 7” or describe for each preference listed above. If different from HCV, note in Section 18.1.C. of this policy.]
For the PBV program, is the income limit the same as the HCV program? (Note: In mixed-finance developments, other income limits may also apply.) [Enter “Same as HCV; see Chapter 3” or clearly describe]

OCCUPANCY
Subsidy Standards: [Enter “Same as HCV; see Chapter 5” or describe. If different from HCV, note in Section 18.1.C. of this policy.] Utilities: [Enter in accordance with HAP contract Exhibit C] Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 18-IV.F. within this chapter]
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CHAPTER 19

SPECIAL PURPOSE VOUCHERS

INTRODUCTION
Special purpose vouchers are specifically funded by Congress in separate appropriations from regular HCV program funding in order to target specific populations. Special purpose vouchers include vouchers for the following programs:

• • Family Unification Program (FUP)
• • Foster Youth to Independence (FYI) program
• • Veterans Affairs Supportive Housing (VASH)
• • Mainstream (MS5)
• • Non-Elderly Disabled (NED)
• Stability Voucher program

HACP Policy:

HACP will administer the following types of special purpose vouchers:
•
Veterans Affairs Supportive Housing (VASH)

This chapter describes HUD regulations and PHA policies for administering special purpose vouchers. The policies outlined in this chapter are organized into five sections, as follows:

Part I: Family Unification Program (FUP)
Part II: Foster Youth to Independence (FYI) program
Part III: Veterans Affairs Supportive Housing (VASH)
Part IV: Mainstream voucher program
Part V: Non-Elderly Disabled (NED) vouchers
Part VI: Stability Voucher program

Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to special purpose vouchers.

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PART I: FAMILY UNIFICATION PROGRAM (FUP)

19 -I.A. PROGRAM OVERVIEW [Fact Sheet, Housing Choice Voucher Program Family Unification Program (FUP)]

Overview
The Family Unification Program (FUP) was authorized by Congress in 1980 to help preserve and reunify families. PHAs that administer the program provide vouchers to two different populations—FUP families and FUP youth.

Families eligible for FUP are families for whom the lack of adequate housing is a primary factor in:
• The imminent placement of the family’s child or children in out-of-home care; or
• The delay in the discharge of the child or children to the family from out- of-home care.

There is no time limitation on FUP family vouchers, and the family retains their voucher as long as they are HCV-eligible. There is no requirement for the provision of supportive services for FUP family vouchers.

Youth eligible for FUP are those who:
• Are at least 18 years old and not more than 24 years of age; • Have 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 at age 16 and older; and
• Are homeless or at risk of becoming homeless.

FUP youth vouchers are limited by statute to a period between 36 and 60 months of housing assistance. Supportive services must also be provided to FUP-eligible youth by the Public Child Welfare Agency (PCWA) or by another agency or organization under contract with the PCWA for the period of time defined in the notice or Notice of Funding Availability/Opportunity (NOFA/O) for which funding was made available.

PHAs that wish to administer FUP vouchers must apply to HUD by submitting an application under an active Notice of Funding Opportunity (NOFO). While the FUP program is administered in accordance with HCV regulations, the FUP NOFOs issued by HUD provide specific program information and requirements.

In order to administer the program, the PHA must also form a partnership with a local PCWA who is responsible for determining if the family or youth meets FUP eligibility requirements and referring them to the PHA. Once the referral is received, the PHA is responsible for placing the FUP family or youth on the Formatted: Centered, Line spacing: 1.5 lines
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PHA’s waiting list and determining whether they are eligible to receive assistance under the PHA’s HCV program.

Assigning Vouchers [FUP FAQs]

The PHA may, but is not required to, assign a specific number or percentage of FUP vouchers for FUP youths and FUP families. Unless the PHA assigns a specific number or percentage of FUP vouchers to a designated FUP population, the PHA must serve any referrals (youths or families) that meet all program eligibility requirements up to the PHA’s designated FUP program size.

HACP Policy:

HACP has not been awarded any FUP Voucher to date. However, this information is being shared for informational purposes in the event an award is received in the future.

19 -I.B. PUBLIC CHILD WELFARE AGENCY (PCWA)
Families and youth do not apply directly to the PHA for FUP vouchers. They are instead referred by a PCWA with whom the PHA has entered into a Memorandum of Understanding (MOU). The partnering PCWA initially determines whether the family or youth meets the FUP program eligibility requirements listed in 19-I.C. and 19-I.D. and then refers those families or youths to the PHA.

HUD strongly encourages PHAs and PCWAs to make decisions collaboratively on the administration of the program and to maintain open and continuous communication. The PCWA must have a system for identifying FUP-eligible youth within the agency’s caseload and for reviewing referrals from a Continuum of Care (COC) if applicable.

HACP Policy:

HACP has not yet entered into an MOU with the following partnering organizations: Contra Costa County Employment and Human Services Department (EHSD). This partnership is intended if any FUP vouchers are awarded to HACP. Should any new funding be awarded to HACP, a new MOU will be executed to reflect the current FUP Program regulations and requirements.

Supportive Services
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youth regardless of their age. The MOU between the PHA and the PCWA should identify the period of time in which supportive services will be provided.

HACP Policy:

If awarded vouchers, HACP may ensure that any future MOU with EHSD for FUP-eligible youth will provide supportive services for all FUP youth for a period of 36 months.

Supportive services may be provided to FUP-eligible youth by the PCWA or by another agency or organization under agreement or contract with the PCWA, including the PHA. The organization providing the services and resources must be identified in the MOU. The following services must be offered:
• Basic life skills information or counseling on money management, use of credit, housekeeping, proper nutrition or meal preparation, and access to health care (e.g., doctors, medication, and mental and behavioral health services);
• Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance or referrals for assistance on security deposits, utility hook-up fees, and utility deposits;

• Providing such assurances to owners of rental property as are reasonable and necessary to assist a FUP-eligible youth to rent a unit with a FUP voucher;

• Job preparation and attainment counseling (where to look and how to apply, dress, grooming, relationships with supervisory personnel, etc.); and
• Educational and career advancement counseling regarding attainment of general equivalency diploma (GED), or attendance or financing of education at a technical school, trade school, or college, including successful work ethic and attitude modelss.

HACP Policy:

Additional supportive services have not been identified at this time.

However as additional support services are identified as being needed, HACP shall work with EHSD to ensure that they will be offered.

A FUP-eligible youth cannot be required to participate in these services as a condition of receipt of the FUP voucher.

19-I.C. FUP FAMILY VOUCHER ELIGIBILITY CRITERIA
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FUP family assistance is reserved for eligible families that the PCWA has certified are a family for whom a lack of adequate housing is a primary factor in:
• The imminent placement of the family’s child or children in out-of-home care, or
• The delay in the discharge of the child or children to the family from out- of-home care.

Lack of adequate housing means the family meets any one of the following conditions:
• Living in substandard housing, which refers to a unit that meets any one of the following conditions:
- Does not have operable indoor plumbing
- Does not have a usable flush toilet inside the unit for the exclusive use of a family or youth
- Does not have a usable bathtub or shower inside the unit for the exclusive use of a family or youth
- Does not have electricity, or has inadequate or unsafe electrical service - Does not have a safe or adequate source of heat
- Should, but does not, have a kitchen
- Has been declared unfit for habitation by an agency or unit of government, or in its present condition otherwise endangers the health, safety, or well-being of the family or youth
- Has one or more critical defects, or a combination of intermediate defects in sufficient number or to the extent that it requires considerable repair or rebuilding. The defects may result from original construction, from continued neglect or lack of repair, or from serious damage to the structure • Being homeless as defined in 24 CFR 578.3 • Living in a unit where the presence of a household member with certain characteristics (i.e., conviction for certain criminal activities) would result in the imminent placement of the family’s child or children in out-of-home care, or the delay in the discharge of the child or children to the family from out-of- home care
• Living in housing not accessible to the family’s disabled child or children due to the nature of the disability
• Living in an overcrowded unit, which is defined as living in a unit where one of the following conditions has been met: - The family is separated from its child or children and the parents are living in an otherwise standard housing unit, but, after the family is reunited, the parents’ 784
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housing unit would be overcrowded for the entire family and would be considered substandard; or
- The family is living with its child or children in a unit that is overcrowded for the entire family and this overcrowded condition may result, in addition to other factors, in the imminent placement of its child or children in out-of- home care.
- For purposes of this definition, the determination as to whether the unit is overcrowded is made in accordance with the PHA subsidy standards in Chapter 5, Part III of this policy.

Since HUD does not define imminent placement, the partnering PCWA may use its discretion to determine whether the potential out of home placement of the family’s child or children is imminent [FUP FAQs].

19-I.D. FUP YOUTH VOUCHER ELIGIBILITY CRITERIA
While FUP family vouchers operate as regular HCVs after the family is referred from the PCWA, there are several aspects of the FUP youth vouchers that make them distinct from the FUP family vouchers and from regular HCVs.

Eligibility Criteria
A FUP-eligible youth is a youth the PCWA has certified:
• Is at least 18 years old and not more than 24 years of age (has not yet reached their 25th birthday); - The FUP youth must be no more than 24 years old at the time the PCWA certifies them as eligible and at the time of HAP contract execution.

• 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; - Foster care placement can include, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child carechildcare institutions, and pre-adoptive homes in accordance with 24 CFR 5.576.

• Is homeless or at risk of becoming homeless at age 16 or older; - At risk of being homeless is fully defined at 24 CFR 576.2. o This includes a person that is exiting a publicly funded institution, or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution). o Therefore, youth being discharged from an institution may be eligible for a FUP voucher [FUP FAQs].

• Has an annual income at or below 30 percent of area median income; and
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• Does not have sufficient resources or support networks (e.g., family, friends, faith-based or other social networks) immediately available to prevent them from moving to a supervised publicly or privately operated shelter designed to provide temporary living arrangements.

19-I.E. ASSISTANCE PERIOD [FR Notice 1/24/22]

Maximum Assistance Period
Although there is no time limit on FUP family vouchers, FUP youth vouchers are limited by statute. Unless the FUP youth meets an exception outlined below, after 36 months of assistance, the FUP youth voucher must be terminated. However, any period of time for which no subsidy (HAP) is being paid on behalf of the youth does not count toward the 36-month limitation.

If the FUP youth does meet the requirements outlined below, the statutory limit on FUP assistance is a total of 60 months of FUP voucher assistance [FR Notice 1/24/22].

Extension of Assistance
FUP youth who first leased or lease a unit after December 27, 2020, may be eligible for an extension of assistance up to 24 months beyond the 36-month time limit (for a total of 60 months of assistance).

While FUP youth cannot be required to participate in the Family Self-Sufficiency (FSS) program as a condition of receipt of assistance, an eligible youth who participates in the FSS program and is in compliance with the applicable terms and conditions of the program is entitled to receive assistance for up to an additional 24 months. A FUP youth must accept an FSS slot if it is offered to them prior to the 36-month mark in order to receive an extension of assistance (unless the youth meets one of the statutory exceptions described below).

Statutory Exceptions
A FUP youth will be entitled to receive an extension of assistance for up to 24 months beyond the 36-month time limit without participating in the PHA’s FSS program if they certify that they meet one of the exceptions below:
• The FUP youth is a parent or other household member responsible for the care of a dependent child under the age of six or for the care of an incapacitated person.

HACP Policy:

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The HACP defines incapacitated person as a person who is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act.

The HACP will apply this exception in a manner that provides extensions of FUP youth assistance to the broadest population possible consistent with the statutory requirements.

The FUP youth will be required to self-certify that they meet this exception on a HACP-provided form. This certification is the only documentation that the FUP youth must submit. The child or incapacitated person is not required to reside in the household in order for the youth to certify they meet this exception. For example, a child in a joint custody arrangement under the age of six who resides in the household only part-time may qualify the youth for this exception.

• The FUP youth is a person who is regularly and actively participating in a drug addiction or alcohol treatment and rehabilitation program.

HACP Policy:

HACP will define regular and active participation in a manner that provides extensions of FUP youth assistance to the broadest population possible consistent with the statutory requirements.

The FUP youth will be required to self-certify that they meet this exception on an HACP-provided form. This certification is the only documentation that the FUP youth must submit.

• The FUP youth is a person who is incapable of complying with the requirement to participate in an FSS program as described above or engage in education, workforce development, or employment activities as described below, as applicable, due to a documente
d medical condition.

HACP Policy:

HACP does not administer the FSS program and will not apply this requirement.

The FUP youth will be required to self-certify that they meet this exception on an HACP-provided form. This certification is the only documentation that the FUP youth must submit.

A FUP youth that meets one of the above exceptions must still be offered an opportunity to enroll in HACP’s FSS program (if it is available to them) and receive any supportive services available to FUP youth. A FUP youth may choose to participate in an FSS program or engage in education, workforce Formatted: Font: Bold, Italic, Underline
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development, or employment activities, even if they meet one of the above statutory exceptions.

Education, Workforce Development, or Employment Activities If a PHA that carries out an FSS program is unable to offer a FUP youth an FSS slot during their first 36 months of receiving FUP youth assistance, the youth is considered to have been “unable to enroll” in the program and may have their voucher extended by meeting the education, workforce development, or employment criteria described below:
• The youth was engaged in obtaining a recognized postsecondary credential or a secondary school diploma or its recognized equivalent.

HACP Policy:

HACP may use the definitions of recognized postsecondary credential and secondary school diploma or its recognized equivalent under the Workforce Innovation and Opportunity Act (WIOA). WIOA defines a recognized postsecondary credential as a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the state involved or federal government, or an associate or baccalaureate degree (29 U.S.C. 3102).

Examples of a recognized postsecondary credential include, but are not limited to, an associate’s degree, bachelor’s degree, occupational licensure, or occupational certification (see U.S. Department of Labor, Training and Employment Guidance Letter No. 10–16, Change 1). For the purpose of WIOA, the U.S. Department of Labor defines a secondary school diploma or its recognized equivalent as a secondary school diploma (or alternate diploma) that is recognized by a state and that is included for accountability purposes under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the “Every Student Succeeds” Act (ESSA). A secondary school equivalency certification signifies that a student has completed the requirement for a high school education. Examples of a secondary school diploma or its recognized equivalent include, but are not limited to, obtaining certification of attaining passing scores on a state-recognized high school equivalency test, earning a secondary school diploma or state-recognized equivalent, or obtaining certification of passing a state-recognized competency-based assessment.

• The youth was enrolled in an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1865 (20 U.S.C. 1001(a)) or an institution that meets the definition of a proprietary institution of higher education or a postsecondary vocational institution under sections 102(b)(1) and (c)(1) of the Higher Education Act of 1865 (20 U.S.C. 1002(b)(1) and (c)(1)), respectively.

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HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, youth must be enrolled in education activities on at least a half- time basis, as defined by the institution that they attend. However, HACP may make exceptions to this requirement if the youth is unable to enroll in a sufficient number of classes due to a lack of course offerings by the educational institution where the youth is enrolled.

-The youth was participating in a career pathway, as such term is defined in Section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). The term career pathway means a combination of rigorous and high-quality education, training, and other services that: - Aligns with the skill needs of industries in the economy of the state or regional economy involved.
- Prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1837 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to individually in this Act as an apprenticeship, except in section 3226 of this title);
- Includes counseling to support an individual in achieving the individual’s education and career goals.
- Includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.
- Organizes education, training, and other services to meet the needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable. - Enables an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential; and
- Helps an individual enter or advance within a specific occupation or occupational cluster.
• The youth was employed.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will consider the youth to be employed if they work a minimum of 20 hours per week. HACP may make exceptions to this requirement if the youth’s hours are reduced due to circumstances beyond Formatted: Line spacing: Multiple 1.15 li
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their control or the youth must temporarily reduce their work hours due to a verified family emergency.

FSS Enrollment at 24 Months
If the FUP youth has not been provided an opportunity to enroll in the FSS program during the first 24 months of FUP assistance, HUD encourages the PHA to remind the youth at the 24-month reexamination of the education, workforce development, and employment requirements described above so that the youth has enough time to meet these requirements prior to the expiration of the 36- month time period for FUP assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers: If the FUP youth has not been provided an opportunity to enroll in the FSS program during the first 24 months of FUP assistance, HACP will make an effort to remind the youth at their second regular reexamreexamination of the education, workforce development, and employment requirements described above.

FSS Enrollment Between 36 and 48 Months

If an FSS slot becomes available between the 36-month and 48-month mark:
• The PHA must offer the slot to a FUP youth who had their voucher extended based on meeting the education, workforce development, or employment requirement listed above, or one of the statutory exceptions listed above (even if the youth previously declined an FSS slot because they met one of the statutory exceptions).
• The PHA must work with the youth to determine whether enrollment in FSS is feasible and in their best interest given any education, workforce development, or employment activities that the youth is engaged in and any statutory exceptions that apply to the youth, as well as the remaining time on their voucher.
• If the FUP youth accepts the FSS slot, the PHA must work with the youth to establish Contract of Participation goals and an Individual Training and Services Plan (ITSP) that can be accomplished within the time period left on the voucher.

If the FUP youth is offered an FSS slot prior to the 36-month mark, the youth:
• Will be required to enroll in the FSS program in order to receive an extension of assistance at the end of the 36-month time period (unless they meet one of the statutory exceptions described above).

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• Will not be considered to have been “unable to enroll” in the FSS program as described above, and as a result, will not be eligible to receive an extension of assistance based on meeting the education, workforce development, or employment requirements described above.

FSS Enrollment After 48 Months The PHA may, but is not required to, offer a FUP youth an FSS slot that becomes available between the 48-month mark and the 60-month mark, since the youth will have already received their second and final extension.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers or FSS are ever administered: If an FSS slot becomes available between the 48 and 60-month marks, HACP will not offer the FSS slot to a FUP youth.

Extensions of Assistance
At the 36-month and 48-month reexamination, the PHA must extend FUP youth assistance if the youth is participating in and in compliance with the FSS program as long as the youth is still eligible for the HCV program.

In any case, the FUP youth cannot receive more than a total of 60 months of FUP youth voucher assistance, even if the FSS Contract of Participation time period extends beyond the voucher 60- month mark.

No FSS Program or Unable to Enroll in FSS
If a PHA does not carry out an FSS program or the FUP youth has been unable to enroll in the program during the first 36 months of receiving FUP assistance, the FUP youth is entitled to receive an extension of assistance for up to two successive 12-month periods beyond the 36-month time limit provided that the youth engaged in at least one of the education, workforce development, or employment activities described above for not less than nine months of the 12- month period preceding each extension. In order to meet the nine months out of the preceding 12 months requirement, the youth may have engaged in one of the education, workforce development, or employment activities described above or a combination of these activities.

Verification Prior to Annual Reexam
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requirements at the end of the 60-month time period since the maximum length of assistance is 60 months.

To verify compliance with the education, workforce development, or employment requirement or one of the statutory exceptions, the PHA must provide the FUP youth written notification informing them that they may receive an extension of their FUP assistance and providing instructions on how the youth may demonstrate that they meet one of these conditions. This notification must be provided sufficiently in advance of the end of the 36-month or 48-month time periods, as applicable, to allow the FUP youth to demonstrate that they meet the education, workforce development, or employment requirement, or one of the statutory exceptions, and for the PHA to conduct an annual reexamination prior to the expiration of the FUP assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers & administer FSS, HACP will verify compliance with the education, workforce development, or employment requirement, or one of the statutory exceptions, at the end of the 36-month and 48-month time periods prior to the FUP youth’s scheduled annual reexamination. HACP will not verify compliance at the end of the 60-month time period. HACP will provide each FUP youth on HACP’s program with a written notification informing them that they may receive an extension of their FUP assistance if they meet conditions outlined in this chapter and providing them with instructions on how they may demonstrate compliance at least 60 days prior to their scheduled annual reexamreexamination date. When necessary, HACP will provide this notification in a format accessible to FUP youth with disabilities and in a translated format for FUP youth with limited English proficiency in accordance with Chapter 2.

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will use the following verification methods to verify a FUP youth’s eligibility for voucher extensions:
• To verify compliance with the FSS requirement,
HACP will examine its
records to confirm, or obtain confirmation from HACP’s FSS program staff, that the FUP youth participant is in compliance with FSS program requirements and has not been terminated from the FSS program. • To meet the education, workforce development, or employment requirement, HACP will verify that the FUP youth was engaged in at least one education, workforce development, or employment activity for at least nine months of the 12-month period immediately preceding the end of 36- month or 48-month time period, as applicable.
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month requirement but may be able to demonstrate that they will meet the nine-month requirement as of the end of the 36-month or 48-month time period. In such cases, the FUP/FYI youth will still be considered to have met the requirements.
• In order for the FUP youth to meet one of the statutory exceptions described above, the youth must submit a certification to HACP that they meet one of these exceptions. This certification is the only documentation that the FUP youth must submit in order to demonstrate that they meet one of the statutory exceptions.

A FUP youth who received an extension of voucher assistance at the end of the 36-month time period based on meeting one of the conditions described in this chapter does not have to meet the same conditions when they reach the end of the 48-month time period. The FUP youth may demonstrate that they meet a different condition in order to receive an extension of their assistance.

If the PHA determines that the youth meets one of the statutory conditions, the PHA would then conduct an annual reexamination. If the annual reexamination determines that the youth is still eligible for the HCV program, the PHA must provide the FUP youth the extension of voucher assistance.

Termination of Assistance for Failure to Meet Conditions Failure of the FUP youth to meet one of the above conditions will only impact their ability to receive subsequent extensions of assistance. It will not serve as a basis for terminating the FUP assistance prior to the annual reexam.

If the FUP youth does not meet any of the conditions described in in this chapter, the youth is subject to the statutory time limit of 36 months or the time limit of any extension that the youth has already received, and the FUP youth voucher must be terminated once the youth reaches this time limit. The calculation of the time limit begins from the date the first HAP contract is signed (for tenant-based 18- 12) vouchers or from the date the youth entered into the initial lease agreement (for project-based vouchers). The number of months is calculated based on the number of months that HAP subsidy is being paid on behalf of the youth, not the number of months that the youth is in the FUP youth program. Prior to termination, the PHA must offer the FUP youth the opportunity to request an informal hearing, in accordance with Chapter 16.

19-I.F. REFERRALS AND WAITING LIST MANAGEMENT

Referrals
The PCWA must establish and implement a system to identify FUP-eligible families and youths within the agency’s caseload and make referrals to the PHA.

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that demonstrates the family’s or youth’s FUP eligibility as determined by the PCWA but should keep the referral or certification from the PCWA.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, As part of the MOU, HACP and EHSD will identify staff positions to serve as lead FUP liaisons. These positions will be responsible for transmission and acceptance of FUP referrals. EHSD must commit sufficient staff and resources to ensure eligible families and youths are identified and determined eligible in a timely manner.

When FUP vouchers are available, HACP’s liaison responsible for acceptance of referrals will contact the EHSD’s FUP liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than 10 business days from the date EHSD receives this notification, EHSD liaison will provide HACP with a list of eligible referrals include the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating the youth or family is FUP-eligible.

HACP will maintain a copy of the referral or certification from EHSD in the participant’s file along with other eligibility paperwork.

A PHA must serve any referrals (youths or families) that meet all program eligibility requirements. If a PHA determines that it has received a sufficient number of referrals from the PCWA so that the PHA will be able to lease all FUP vouchers awarded, the PHA may request that the PCWA suspend transmission of referrals. If the PHA determines that additional referrals will be needed after it has made such a request, the PHA may request that the PCWA resume transmission of referrals [Notice PIH 2011-52].

Waiting List Placement
A family that is already participating in the regular HCV program cannot be transferred to a FUP voucher.

Once a referral is made, the PHA must compare the list of PCWA referrals to its HCV waiting list to determine if any applicants on the PCWA’s referral list are already on the PHA’s HCV waiting list. Applicants already on the PHA’s HCV waiting list retain the order of their position on the list. Applicants not already on the PHA’s HCV waiting list must be placed on the HCV waiting list.

If the PHA’s HCV waiting list is closed, the PHA must open its HCV waiting list in order to accept new FUP applicants. If necessary, the PHA may open its waiting list solely for FUP applicants, but this information must be included in the PHA’s Formatted: Line spacing: Multiple 1.15 li
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notice of opening its waiting list (see section 4-II.C., Opening and Closing the Waiting List of this administrative plan).

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers,: Within 10 business days of receiving the referral from EHSD, HACP will review the HCV waiting list and will send EHSD a list confirming whether or not referrals are on the waiting list.
- Referrals who are already on the list will retain their position and the list will be notated to indicate the family or youth is FUP-eligible. - For those referrals not already on the waiting list, HACP will work with EHSD to ensure they receive and successfully complete a pre-application or application, as applicable. Once the pre-application or application has been completed, HACP will place the referral on the HCV waiting list with the date and time of the original referral and an indication that the referral is FUP-eligible.

Waiting List Selection
The PHA selects FUP-eligible families or youths based on the PHA’s regular HCV waiting list selection policies in Chapter 4, including any preferences that may apply.

19-I.G. PHA HCV ELIGIBILITY DETERMINATION
Once a FUP-eligible family or youth is selected from the HCV waiting list, the PHA must determine whether the family or youth meets HCV program eligibility requirements. Applicants must be eligible under both FUP family or youth eligibility requirements, as applicable, and HCV eligibility requirements as outlined in Chapter 3 of this policy.

The PCWA may, but is not obligated to, provide information to the PHA on the family’s criminal history.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will run its own criminal background checks on FUP- eligible families pursuant to policies in this plan for HCV program participants.

HACP will consider the information in making its eligibility determination in accordance with the PHA’s policies in Chapter 3, Part III.

Additional FUP Eligibility Factors [FUP FAQs]
For FUP family vouchers, the family must remain FUP-eligible thorough lease-up.

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• If, after a family is referred by the PCWA but prior to issuing a family FUP voucher, the PHA discovers that the lack of adequate housing is no longer a primary factor for the family not reunifying, the FUP voucher may not be issued to the family.
• Similarly, if the FUP voucher has already been issued before the PHA discovers that the reunification will not happen, but the family has not yet leased up under the voucher, the PHA must not execute the HAP contract, as the family is no longer FUP-eligible. FUP-eligible youth must be no more than 24 years old both at the time of PCWA certification and at the time of the HAP execution. If a FUP youth is 24 at the time of PCWA certification but will turn 25 before the HAP contract is executed, the youth is no longer eligible for a FUP youth voucher.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers,; Any applicant that does not meet the eligibility criteria for the HCV program listed in Chapter 3 or any eligibility criteria listed in this section will be notified by HACP in writing following policies in Section 3- III.F., including stating the reasons the applicant was found ineligible and providing an opportunity for an informal review.

19 .I.H. LEASE UP [FR Notice 1/24/22]
Once the PHA determines that the family or youth meets HCV eligibility requirements, the family or youth will be issued a FUP voucher in accordance with PHA policies.

During the family briefing, PHAs must inform the FUP youth of:
• The extension of assistance provisions and requirements. • The availability of the FSS program and offer them an FSS slot, if available, or offer to place them on the FSS waiting list (provided the PHA has an FSS program); and
• Supportive services available to them, the existence of any other programs or services, and their eligibility for such programs and services.

However, participation in supportive services cannot be required as a condition of receiving FUP youth assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers,; Eligible applicants will be notified by HACP in writing following policies in Section 3-III.F. of this administrative plan. FUP families will attend a standard HCV briefing in accordance with HACP policies in Part I of Chapter 5 of this administrative plan. FUP youth will be briefed individually. HACP will provide all aspects of the written and oral briefing Formatted: Line spacing: Multiple 1.15 li
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as outlined in Part I of Chapter 5 but will also provide an explanation of the required items listed above, as well as discussing supportive services offered by EHSD.

For both FUP youth and FUP families, vouchers will be issued in accordance with HACP policies in Chapter 5 Part II, except that HACP will consider one additional 30-day extension beyond the first automatic extension for any reason, not just those listed in the policy in Section 5-II.E.

Once the family or youth locate a unit, the PHA conducts all other processes relating to voucher issuance and administration per HCV program regulations and the PHA’s policies (including, but not limited to: HQS inspectionNSPIRE inspections, determination of rent reasonableness, etc.).

19 -I.I. TERMINATION OF ASSISTANCE

General Requirements

With the exception of terminations of assistance for FUP youth after the statutorily required time period, terminations of FUP assistance are handled in the same way as the regular HCV program. Termination of a FUP voucher must be consistent with regulations for termination in 24 CFR Part 982, Subpart L and be in compliance with PHA policies (Chapter 12). If the person who qualifies for the FUP voucher passes away, the family retains the FUP voucher. In the case of a FUP-youth voucher, assistance will terminate after the statutorily required time period, even if the FUP-eligible youth is no longer included in the household.

If the person who qualifies for the FUP voucher moves, the remaining family members may keep the FUP voucher based on PHA policy (see administrative plan, Section 3-I.C., Family Breakup and Remaining Member of Tenant Family).

FUP Family Vouchers
If parents lose their parental rights or are separated from their children after voucher lease-up (or their children reach adulthood), the family is still eligible to keep their FUP assistance, as the regulations do not permit HCV termination for a family losing parental rights or the children reaching adulthood. However, the PHA may transfer the assistance of a FUP family voucher holder to regular HCV assistance if there are no longer children in the household.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will transfer the assistance of a FUP family voucher holder to regular HCV assistance if there are no longer children in the Formatted: Line spacing: 1.5 lines
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household and there is no prospect of any minor child being returned to the household.

If HACP has no regular HCV vouchers available at the time this determination is made, including if no vouchers are available due to lack of funding, HACP will issue the family the next available regular HCV voucher after those being issued to families residing in PBV units claiming Choice Mobility.

FUP Youth Vouchers

A PHA cannot terminate a FUP youth’s assistance for noncompliance with PCWA case management, nor may the PHA terminate assistance for a FUP youth for not accepting services from the PCWA.

The PHA may not transfer the assistance of a FUP youth voucher holder to regular HCV assistance upon the expiration of the statutorily required time period. However, the PHA may issue a regular HCV to FUP youth if they were selected from the waiting list in accordance with PHA policies and may also adopt a preference for FUP youth voucher holders who are being terminated for this reason.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will not provide a selection preference on the PHA’s HCV waiting list for FUP youth who are terminated due to the time limit on assistance.

Upon the expiration of the statutorily required time period, a FUP youth voucher holder who has children and who lacks adequate housing may qualify for a FUP family voucher provided they are referred by the PCWA as an eligible family and meet the eligibility requirements for the PHA’s HCV program.

9-I.J. FUP PORTABILITY
Portability for a FUP family or youth is handled in the same way as for a regular HCV family. A PHA may not restrict or deny portability for a FUP family or youth for reasons other than those specified in the HCV program regulations, as reflected in Chapter 10 of the administrative plan.

A FUP family or youth does not have to port to a jurisdiction that administers FUP. If the receiving PHA administers the FUP voucher on behalf of the initial PHA, the voucher is still considered a FUP voucher regardless of whether the receiving PHA has a FUP program.

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If the receiving PHA absorbs the voucher, the receiving PHA may absorb the incoming port into its FUP program (if it has one) or into its regular HCV program (if the receiving PHA has vouchers available to do so) and the family or youth become regular HCV participants. In either case, when the receiving PHA absorbs the voucher, a FUP voucher becomes available to the initial PHA.

Considerations for FUP Youth Vouchers
If the voucher is a FUP youth voucher and remains such upon lease-up in the receiving PHA’s jurisdiction, termination of assistance must still take place once the youth has received assistance for the statutorily required time period. If the receiving PHA is administering the FUP youth voucher on behalf of the initial PHA, the two PHAs must work together to initiate termination upon expiration of the statutorily required time period.

19-I.K. PROJECT-BASING FUP VOUCHERS [Notice PIH 2017-21; FR Notice 1/24/22]
The PHA may project-base FUP vouchers without HUD approval in accordance with Notice PIH 2017-21, FR Notice 1/24/22, and all statutory and regulatory requirements for the PBV program. Project-based FUP vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

The PHA may limit PBVs to one category of FUP-eligible participants (families or youth) or a combination of the two.

While FUP vouchers can be used for either families or youth, a PBV unit may only be counted towards the PHA’s 10 percent exception authority under the program cap and the project’s income-mixing requirement if the FUP PBV assistance is provided on behalf of an eligible youth. The PHA must amend its administrative plan to include the limitation of these FUP PBV units to eligible youth.

HACP Policy:

HACP does not participate in this program. However, if awarded FUP Vouchers, HACP will not project based FUP vouchers. All FUP vouchers will be used to provide tenant-based assistance.

PART II: FOSTER YOUTH TO INDEPENDENCE INITIATIVE

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19-II.A. PROGRAM OVERVIEW [Notice PIH 2020-28; Notice PIH 2021- 262023-04; FR Notice 1/24/22]

The Foster Youth to Independence (FYI) initiative was announced in 2018. The FYI initiative allows PHAs who partner with a Public Child Welfare Agency (PCWA) to request targeted HCVs to serve eligible youth with a history of child welfare involvement that are homeless or at risk of being homeless. Rental assistance and supportive services are provided to qualified youth for a period of between 36 and 60 months.

Funding is available either competitively though an FYI NOFA or noncompetitively on a rolling basis in accordance with the application requirements outlined in Notice PIH 2020-28 , Notice PIH 2021-26, or Notice PIH 2021-26,2023-04 as applicable. Under the noncompetitive process, PHAs are limited to 25 vouchers in a fiscal year with the ability to request additional vouchers for those PHAs with 90 percent or greater utilization or utilization of its FUP and/or FYI vouchers, as applicable.. Where the PHA has a combined FYI and/or FUP size of no more than 10 vouchers, the PHA may request FYI vouchers with at least 50 percent utilization of its FUP and/or FYI vouchers.

Where the PHA has a combined FYI and/or FUP size of 11 or more vouchers, the PHA may request FYI vouchers with 90 percent or greater utilization of its FUP and/or FYI vouchers. For competitive awards, the number of vouchers is dependent on PHA program size and need.

19-II.B. PARTNERING AGENCIES [Notice PIH 2021-262023-04; FYI Updates and Partnering Opportunities Webinar]

Public Child Welfare Agency (PCWA)

The PHA must enter into a partnership agreement with a PCWA in the PHA’s jurisdiction in the form of a Memorandum of Understanding (MOU) or letter of intent. The PCWA is responsible for identifying and referring eligible youth to the PHA and providing or securing a commitment for the provision of supportive services once youth are admitted to the program.

HACP Policy:

When approved, HACP will implement a Foster Youth to Independence (FYI) program in partnership with the Contra Costa County Employment and Housing Services Department (EHSD).

The PCWA is responsible for:
• Identifying FYI-eligible youth.
• Developing a system of prioritization based on the level of need of the youth and the appropriateness of intervention.

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• Providing a written certification to the PHA that the youth is eligible; and • Providing or securing supportive services for 36 months.

Continuum of Care (CoC) and Other Partners
HUD strongly encourages PHAs to add other partners into the partnership agreement with the PCWA such as state, local, philanthropic, faith-based organizations, and the CoC, or a CoC recipient it designates.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP has not partnered with any other agencies or organizations for FYI-eligible youth to date.

19-II.C. YOUTH ELIGIBILITY CRITERIA [Notice PIH 2021-262023-04; FYI Q&As; FYI FAQs]

The PCWA is responsible for certifying that the youth has prior qualifying foster care involvement. As determined by the PCWA, eligible youth:
• Are at least 18 years of age and not more than 24 years of age (have not yet reached their 25th birthday); - Youth must be no more than 24 years of age at the time the PCWA certifies them as eligible and at the time of HAP contract execution.
• Have 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; - Placements can include, but are not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions, and pre-adoptive homes in accordance with 24 CFR 5.576; • Are homeless or at risk of becoming homeless at age 16 and older; - At risk of being homeless is fully defined at 24 CFR 576.2. o This includes a person that is exiting a publicly funded institution, or system of care (such as a healthcare facility, a mental health facility, foster care or other youth facility, or correction program or institution). Therefore, youth being discharged from an institution may be eligible for an FYI voucher [FYI FAQs].

Eligibility is not limited to single persons. For example, pregnant and/or parenting youth are eligible to receive assistance assuming they otherwise meet eligibility requirements.

19-II.D. SUPPORTIVE SERVICES [Notice PIH 2021-262023-04; FYI Updates and Partnering Opportunities Webinar; FYI Q&As]
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Supportive services may be provided by the PHA, PCWA or a third party. The PCWA must provide or secure a commitment to provide supportive services for participating youth for the period of time defined in the NOFA/O for which the funding was made available. At a minimum, the following supportive services must be offered:
• Basic life skills information/counseling on money management, use of credit, housekeeping, proper nutrition/meal preparation, and access to health care (e.g., doctors, medication, and mental and behavioral health services);
• Counseling on compliance with rental lease requirements and with HCV program participant requirements, including assistance/referrals for assistance on security deposits, utility hook-up fees, and utility deposits. • Providing such assurances to owners of rental property as are reasonable and necessary to assist eligible youth to rent a unit with a voucher.
• Job preparation and attainment counseling (where to look/how to apply, dress, grooming, relationships with supervisory personnel, etc.); and • Educational and career advancement counseling regarding attainment of general equivalency diploma (GED) or attendance/financing of education at a technical school, trade school, or college, including successful work ethic and attitude modelss.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, Additional supportive services will not be offered.

Since participation in supportive services is optional, but strongly encouraged, an FYI participant may decline supportive service.

19-II.E. REFERRALS AND WAITING LIST MANAGEMENT [Notice PIH 2021- 262023-04; FYI Updates and Partnering Opportunities Webinar FYI FAQs] Referrals
The PCWA is responsible for certifying that the youth has prior qualifying foster care involvement. Once the PCWA sends the PHA the referral certifying the youth is program-eligible, the PHA determines HCV eligibility.

The PCWA must have a system for identifying eligible youth within the agency’s caseload and reviewing referrals from other partners, as applicable. The PCWA must also have a system for prioritization of referrals to ensure that youth are Formatted: Line spacing: Multiple 1.15 li
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prioritized for an FYI voucher based upon their level of need and appropriateness of the intervention.

Referrals may come from other organizations in the community who work with the population, but the PCWA must certify that the youth meets eligibility requirements, unless the PCWA has vested another organization with this authority.

The PHA is not required to maintain full documentation that demonstrates the youth’s eligibility as determined by the PCWA but should keep the referral or certification from the PCWA. The PCWA is not required to provide the PHA with HCV eligibility documents.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP and EHSD have identified staff positions to serve as lead FYI liaisons. These positions will be responsible for transmission and acceptance of referrals. EHSD must commit sufficient staff and resources to ensure eligible youths are identified, prioritized, and determined eligible in a timely manner.

When vouchers are available, the HACP liaison responsible for acceptance of referrals will contact the EHSD liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than 10 business days from the date EHSD receives this notification, the EHSD liaison must provide HACP with a list of eligible referrals, a completed release form, and a written certification for each referral indicating the referral is eligible. The list will include the name, address, and contact phone number for each adult individual who is being referred.

HACP will maintain a copy of each certification from EHSD in the participant’s file along with other eligibility paperwork.

Waiting List Placement [Notice PIH 2021-262023-04 and FYI FAQs] The PHA must use the HCV waiting list for the FYI program. Youth already on the HCV program may not be transferred to an FYI voucher since they are not homeless or at-risk of homelessness.

Once a referral is made, the PHA must compare the list of PCWA referrals to its HCV waiting list to determine if any applicants on the PCWA’s referral list are already on the PHA’s HCV waiting list. Applicants already on the PHA’s HCV waiting list retain the order of their position on the list. Applicants not already on the PHA’s HCV waiting list must be placed on the HCV waiting list.

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If the PHA’s HCV waiting list is closed, the PHA must open its HCV waiting list in order to accept new referrals. The PHA may reopen the waiting list to accept an FYI eligible youth without opening the waiting list for other applicants; however, the requirements at 24 CFR 982.206 for giving public notice when opening and closing the waiting list apply (see section 4-II.C., Opening and Closing the Waiting List of this administrative plan).

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, within 10 business days of receiving the referral from EHSD, HACP will review the HCV waiting list and will send EHSD a list confirming whether or not referrals are on the waiting list.
- Referrals who are already on the list will retain their position and the list will be notated to indicate the applicant is FYI-eligible. - For those referrals not already on the waiting list, HACP will work with EHSD to ensure they receive and successfully complete a pre-application or application, as applicable. Once the pre-application or application has been completed, HACP will place the referral on the HCV waiting list with the date and time of the original referral and an indication that the referral is FYI-eligible.

Waiting List Selection
The PHA selects eligible youths based on the PHA’s regular HCV waiting list selection policies in Chapter 4, including any preferences that may apply.

19-II.F. PHA HCV ELIGIBILITY DETERMINATION [FYI FAQs]
Once an eligible youth is selected from the HCV waiting list, the PHA must determine whether the youth meets HCV program eligibility requirements.

Applicants must be eligible under both FYI eligibility requirements and HCV eligibility requirements as outlined in Chapter 3 of this policy.

The PCWA may, but is not obligated to, provide information to the PHA on the youth’s criminal history.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP will run its own criminal background checks on FYI- eligible families pursuant to policies in this plan for HCV program participants.

HACP will consider the information in making its eligibility determination in accordance with HACP’s policies in Chapter 3, Part III.

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Additional Eligibility Factors
Youth must be no more than 24 years old both at the time of PCWA certification and at the time of the HAP execution. If a youth is 24 at the time of PCWA certification but will turn 25 before the HAP contract is executed, the youth is no longer eligible for a FYI voucher.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, Any applicant that does not meet the eligibility criteria for the HCV program listed in Chapter 3 or any eligibility criteria listed in this section will be notified by HACP in writing following policies in Section 3- III.F, including stating the reasons the applicant was found ineligible and providing an opportunity for an informal review.

19-II.G. LEASE UP [FR Notice 1/24/22]
Once the PHA determines that the family or youth meets HCV eligibility requirements, the youth will be issued an FYI voucher in accordance with PHA policies.

During the family briefing, PHAs must inform the FYI voucher holder of:
• The extension of assistance provisions and requirements; • The availability of the FSS program and offer them an FSS slot, if available, or offer to place them on the FSS waiting list (provided the PHA has an FSS program); and
• The supportive services available to them, the existence of any other programs or services, and their eligibility for such programs and services.

However, participation in supportive services cannot be required as a condition of receiving FYI assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, Eligible applicants will be notified by HACP in writing following policies in Section 3-III.F. of this policy. FYI youth will be briefed individually. HACP will provide all aspects of the written and oral briefing as outlined in Part I of Chapter 5.

Vouchers will be issued in accordance with HACP policies in Chapter 5, Part II, except that HACP will consider one additional 30-day extension beyond the first automatic extension for any reason, not just those listed in the policy in Section 5-II.E.

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Once the youth locates a unit, the PHA conducts all other processes relating to voucher issuance and administration per HCV program regulations and the PHA policy in Chapter 9.

Should a youth fail to use the voucher, the PHA may issue the voucher to another eligible youth if one has been identified [Notice PIH 2021-262023- 04].

Turnover [FYI FAQsNotice PIH 2023-04]
For PHAs awarded Awards of FYI Tenant Protection Vouchers (TPVs) under Notice PIH 2018-20 where the recipient of the FYI TPV leaves the program, the PHA may request an FYI voucher continue to be administered under the requirements of Notice PIH 2021-26.

For PHAs awarded FYI vouchers under Notices PIH 2020-28 and PIH 2021-26, where the recipient of the FYI voucher leaves the program, the PHA must continue to use the FYI voucher for eligible youth upon2019-20. This includes turnover. Where there are more eligible youth than available FYI turnover vouchers, the PHA may request an FYI voucher under the requirements of and the requirement to inform HUD should a youth not use a voucher or leave the program. For example, FYI TPVs awarded under Notice PIH 2021-26. If another eligible2019-20 “sunset” when a youth is not available,leaves the program. This means that the PHA must notify HUD, and HUD will reduce the PHA’s HCVcannot reissue FYI TPV assistance to account for the removal of the FYI assistance from the PHA’s HCV baseline. issued under that notice to another youth when an initial youth exits the HCV program. HUD does not have the authority to allow the voucher to be used for a youth other than the one identified in the request.

19-II.H. MAXIM]UM ASSISTANCE PERIOD [Notice PIH 2021-262023-04 and FYI FAQs; FR Notice 1/24/22]
Vouchers are limited by statute to a total of between 36 months and 60 months of housing assistance. At the end of the statutory time period, assistance must be terminated. However, any period of time for which no subsidy (HAP) is being paid on behalf of the youth does not count toward the limitation. It is not permissible to reissue another FYI TPV to the same youth upon expiration of their FYI assistance.

Participants do not “age out” of the program. A participant may continue with the program until they have received the period of assistance for which they are eligible. Age limits are only applied for entry into the program.

Extension of Assistance
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FYI voucher holders who first leased or lease a unit after December 27, 2020, may be eligible for an extension of assistance up to 24 months beyond the 36- month time limit (for a total of 60 months of assistance).

While FYI voucher holders cannot be required to participate in the Family Self- Sufficiency (FSS) program as a condition of receipt of assistance, an eligible youth who participates in the FSS program and is in compliance with the applicable terms and conditions of the program is entitled to receive assistance for up to an additional 24 months. A FYI voucher holders must accept an FSS slot if it is offered to them prior to the 36-month mark in order to receive an extension of assistance (unless the youth meets one of the statutory exceptions described below).

Statutory Exceptions
FYI voucher holders will be entitled to receive an extension of assistance for up to 24 months beyond the 36-month time limit without participating in the PHA’s FSS program if they certify that they meet one of the exceptions below:
• The FYI voucher holder is a parent or other household member responsible for the care of a dependent child under the age of six or for the care of an incapacitated person.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP defines incapacitated person as a person who is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act.

HACP will apply this exception in a manner that provides extensions of FYI assistance to the broadest population possible consistent with the statutory requirements.

The FYI voucher holder will be required to self-certify that they meet this exception on an HACP-provided form. This certification is the only documentation that the FYI voucher holder must submit.

The child or incapacitated person is not required to reside in the household in order for the FYI voucher holder to certify they meet this exception. For example, a child in a joint custody arrangement under the age of six who resides in the household only part time may qualify the FYI voucher holder for this exception. • The FYI voucher holder is a person who is regularly and actively participating in a drug addiction or alcohol treatment and rehabilitation program.

HACP Policy:

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HACP does not participate in this program. However, if awarded FYI Vouchers, HACP will define regular and active participation in a manner that provides extensions of FYI voucher holder assistance to the broadest population possible consistent with the statutory requirements.

The FYI voucher holder will be required to self-certify that they meet this exception on an HACP-provided form. This certification is the only documentation that the FYI voucher holder must submit.

• The FYI voucher holder is a person who is incapable of complying with the requirement to participate in a FSS program as described above or engage in education, workforce development, or employment activities as described below, as applicable, due to a documented medical condition.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP will apply this requirement in a manner that provides extensions of FYI voucher holder assistance to the broadest population possible consistent with statutory requirements.

The FYI voucher holder will be required to self-certify that they meet this exception on an HACP-provided form. This certification is the only documentation that the FYI voucher holder must submit.

An FYI voucher holder that meets one of the above exceptions must still be offered an opportunity to enroll in the PHA’s FSS program (if it is available to them) and receive any supportive services available to FYI voucher holders. An FYI voucher holder may choose to participate in an FSS program or engage in education, workforce development, or employment activities, even if they meet one of the above statutory exceptions.

Education, Workforce Development, or Employment Activities If a PHA that carries out an FSS program is unable to offer a FYI voucher holder an FSS slot during their first 36 months of receiving FYI assistance, the FYI voucher holder is considered to have been “unable to enroll” in the program and may have their voucher extended by meeting the education, workforce development, or employment criteria described below:
• The FYI voucher holder was engaged in obtaining a recognized postsecondary credential or a secondary school diploma or its recognized equivalent.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP will use the definitions of recognized postsecondary Formatted: Font: Bold, Italic, Underline
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credential and secondary school diploma or its recognized equivalent under the Workforce Innovation and Opportunity Act (WIOA). WIOA defines a recognized postsecondary credential as a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the state involved or federal government, or an associate or baccalaureate degree (29 U.S.C. 3102). Examples of a recognized postsecondary credential include, but are not limited to, an associate’s degree, bachelor’s degree, occupational licensure, or occupational certification (see U.S. Department of Labor, Training and Employment Guidance Letter No. 10–16, Change 1). For the purpose of WIOA, the U.S. Department of Labor defines a secondary school diploma or its recognized equivalent as a secondary school diploma (or alternate diploma) that is recognized by a state and that is included for accountability purposes under the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the “Every Student Succeeds” Act (ESSA). A secondary school equivalency certification signifies that a student has completed the requirement for a high school education. Examples of a secondary school diploma or its recognized equivalent include, but are not limited to, obtaining certification of attaining passing scores on a state-recognized high school equivalency test, earning a secondary school diploma or state-recognized equivalent, or obtaining certification of passing a state-recognized competency-based assessment.
• The FYI voucher holder was enrolled in an institution of higher education, as such term is defined in section 101(a) of the Higher Education Act of 1865 (20 U.S.C. 1001(a)) or an institution that meets the definition of a proprietary institution of higher education or a postsecondary vocational institution under sections 102(b)(1) and (c)(1) of the Higher Education Act of 1865 (20 U.S.C. 1002(b)(1) and (c)(1)), respectively.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, the FYI voucher holder must be enrolled in education activities on at least a half-time basis, as defined by the institution which they attend. However, HACP may make exceptions to this requirement if the FYI voucher holder is unable to enroll in a sufficient number of classes due to a lack of course offerings by the educational institution where they are enrolled.

• The FYI voucher holder was participating in a career pathway, as such term is defined in Section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
• The FYI voucher holder was employed.

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HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers, HACP will consider the FYI voucher holder to be employed if they work a minimum of 20 hours per week. HACP may make exceptions to this requirement if the FYI voucher holder’s hours are reduced due to circumstances beyond their control or the FYI voucher holder must temporarily reduce their work hours due to a verified family emergency.

FSS Enrollment at 24 Months
If the FYI voucher holder has not been provided an opportunity to enroll in the FSS program during the first 24 months of FYI assistance, HUD encourages the PHA to remind the FYI voucher holder at the 24-month reexamination of the education, workforce development, and employment requirements described above so that they have enough time to meet these requirements prior to the expiration of the 36-month time period for FYI assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers and administer FSS, If the FYI voucher holder has not been provided an opportunity to enroll in the FSS program during the first 24 months of FYI assistance, HACP will make every effort to remind the FYI voucher holder at their second regular reexamreexamination of the education, workforce development, and employment requirements described above.

FSS Enrollment Between 36 and 48 Months

If an FSS slot becomes available between the 36-month and 48-month mark:
• The PHA must offer the slot to an FYI voucher holder who had their voucher extended based on meeting the education, workforce development, or employment requirement listed above, or one of the statutory exceptions listed above (even if the FYI voucher holder previously declined an FSS slot because they met one of the statutory exceptions).
• The PHA must work with the FYI voucher holder to determine whether enrollment in FSS is feasible and in their best interest given any education, workforce development, or employment activities that the FYI voucher holder is engaged in and any statutory exceptions that apply to the FYI voucher holder, as well as the remaining time on their voucher. • If the FYI voucher holder accepts the FSS slot, the PHA must work with them to establish Contract of Participation goals and an Individual Training and Services Plan (ITSP) that can be accomplished within the time period left on the voucher.

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If the FYI voucher holder is offered an FSS slot prior to the 36-month mark, the FYI voucher holder:
• Will be required to enroll in the FSS program in order to receive an extension of assistance at the end of the 36-month time period (unless they meet one of the statutory exceptions described above). • Will not be considered to have been “unable to enroll” in the FSS program, and as a result, will not be eligible to receive an extension of assistance based on meeting the education, workforce development, or employment requirements described above.

FSS Enrollment After 48 Months
The PHA may, but is not required, to offer an FYI voucher holder an FSS slot that becomes available between the 48-month mark and the 60-month mark, since the FYI voucher holder will have already received their second and final extension.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers and administer FSS -if an FSS slot becomes available between the 48 and 60-month marks, HACP will not offer the FSS slot to an FYI voucher holder.

Extensions of Assistance
At the 36-month and 48-month reexamination, the PHA must extend FYI assistance if the FYI voucher holder is participating in and in compliance with the FSS program as long as the FYI voucher holder is still eligible for the HCV program.

In any case, the FYI voucher holder cannot receive more than a total of 60 months of FYI assistance even if the FSS Contract of Participation time period extends beyond the voucher 60- month mark.

No FSS Program or Unable to Enroll in FSS
If a PHA does not carry out an FSS program or the FYI voucher holder has been unable to enroll in the program during the first 36 months of receiving FYI assistance, the FYI voucher holder is entitled to receive an extension of assistance for up to two successive 12-month periods beyond the 36-month time limit provided that the FYI voucher holder engaged in at least one of the education, workforce development, or employment activities described above for not less than nine months of the 12-month period preceding each extension. In order to meet the nine months out of the preceding 12 months requirement, the FYI voucher holder may have engaged in one of the education, workforce Formatted: Line spacing: 1.5 lines
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development, or employment activities described above or a combination of these activities.

Verification Prior to Annual Reexam
In order to provide an extension of assistance, the PHA must verify compliance with the above requirements at the end of the 36-month time period and the 48- month time periods. The PHA does not need to verify compliance with these requirements at the end of the 60-month time period since the maximum length of assistance is 60 months.

To verify compliance with the education, workforce development, or employment requirement or one of the statutory exceptions, the PHA must provide the FYI voucher holder written notification informing them that they may receive an extension of their FYI assistance and providing instructions on how the FYI voucher holder may demonstrate that they meet one of these conditions. This notification must be provided sufficiently in advance of the end of the 36-month or 48-month time periods, as applicable, to allow the FYI voucher holder to demonstrate that they meet the education, workforce development, or employment requirement, or one of the statutory exceptions, and for the PHA to conduct an annual reexamination prior to the expiration of the FYI assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers and administer FSS HACP will verify compliance with the education, workforce development, or employment requirement, or one of the statutory exceptions, at the end of the 36-month and 48-month time periods prior to the FYI voucher holder’s scheduled annual reexamination.

HACP will not verify compliance at the end of the 60-month time period.

HACP will provide each FYI voucher holder on HACP’s program with a written notification informing them that they may receive an extension of their FYI assistance if they meet conditions outlined in this chapter and providing them with instructions on how they may demonstrate compliance at least 60 days prior to their scheduled annual reexamreexamination date. When necessary, HACP will provide this notification in a format accessible to FYI voucher holders with disabilities and in a translated format for FYI voucher holders with limited English proficiency in accordance with Chapter 2.

HACP will use the following verification methods to verify an FYI voucher holder’s eligibility for voucher extensions:
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staff, that the FYI participant is in compliance with FSS program requirements and has not been terminated from the FSS program. • To meet the education, workforce development, or employment requirement, HACP will verify that the FYI voucher holder was engaged in at least one education, workforce development, or employment activity for at least nine months of the 12-month period immediately preceding the end of the 36-month or 48-month time period, as applicable. - Due to the timing of when HACP verifies compliance and conducts the annual reexamination, the FYI voucher holder may have not yet met the nine-month requirement but may be able to demonstrate that they will meet the nine-month requirement as of the end of the 36-month or 48- month time period. In such cases, the FYI voucher holder will still be considered to have met the requirements.

In order for the FYI voucher holder to meet one of the statutory exceptions described above, the FYI voucher holder must submit a certification to HACP that they meet one of these exceptions. This certification is the only documentation that the FYI voucher holder must submit in order to demonstrate that they meet one of the statutory exceptions.

An FYI voucher holder who received an extension of voucher assistance at the end of the 36-month time period based on meeting one of the conditions described in this chapter does not have to meet the same conditions when they reach the end of the 48-month time period. The FYI voucher holder may demonstrate that they meet a different condition in order to receive an extension of their assistance.

If the PHA determines that the FYI voucher holder meets one of the statutory conditions, the PHA would then conduct an annual reexamination. If the annual reexamination determines that the FYI voucher holder is still eligible for the HCV program, the PHA must provide the FYI voucher holder the extension of voucher assistance.

Termination of Assistance for Failure to Meet Conditions Failure of the FYI voucher holder to meet one of the above conditions will only impact their ability to receive subsequent extensions of assistance. It will not serve as a basis for terminating the FYI assistance prior to the annual reexam.

If the FYI voucher holder does not meet any of the statutory conditions described in in this chapter, the youth is subject to the statutory time limit of 36 months or the time limit of any extension that the youth has already received, and the FYI voucher must be terminated once they reach this time limit. The calculation of the time limit begins from the date the first HAP contract is signed (for tenant-based vouchers) or from the date the FYI voucher holder entered into the initial lease Formatted: Line spacing: 1.5 lines
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agreement (for project-based vouchers). The number of months is calculated based on the number of months that HAP subsidy is being paid on behalf of the FYI voucher holder, not the number of months that they are in the FYI program.

Prior to termination, the PHA must offer the FYI voucher holder the opportunity to request an informal hearing, in accordance with Chapter 16.

19-II.I. TERMINATION OF ASSISTANCE [FYI FAQs]
Termination of a FYI voucher is handled in the same way as with any HCV; therefore, termination of a FYI voucher must be consistent with HCV regulations at 24 CFR Part 982, Subpart L and PHA policies in Chapter 12. Given the statutory time limit that requires FYI vouchers to sunset, a PHA must terminate the youth’s assistance once the limit on assistance has expired.

A PHA cannot terminate a FYI youth’s assistance for noncompliance with PCWA case management, nor may the PHA terminate assistance for a FYI youth for not accepting services from the PCWA.

The PHA may not transfer the assistance of FYI voucher holders to regular HCV assistance upon the expiration of the limit on assistance. However, the PHA may issue a regular HCV to FYI voucher holders if they were selected from the waiting list in accordance with PHA policies. The PHA may also adopt a waiting list preference for FYI voucher holders who are being terminated for this reason.

HACP will not provide a selection preference on the PHA’s HCV waiting list for FYI voucher holders who are terminated due to the time limit on assistance.

19-II.J. PORTABILITY [FYI FAQs]
Portability for an FYI youth is handled in the same way as for a regular HCV family. A PHA may not restrict or deny portability for an FYI youth for reasons other than those specified in the HCV program regulations, as reflected in Chapter 10 of the administrative plan.

An FYI youth does not have to port to a jurisdiction that administers FYI vouchers.

If the receiving PHA absorbs the voucher, the PHA may absorb the youth into its regular HCV program if it has vouchers available to do so. If the receiving PHA absorbs the youth into its regular HCV program, that youth becomes a regular HCV participant with none of the limitations of an FYI voucher.

The initial and receiving PHA must work together to initiate termination of assistance upon expiration of the time limit on assistance.

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19-II.K. PROJECT-BASING FYI VOUCHERS [FYI FAQs; FR Notice 1/24/22:

Notice PIH 2024-03]
The PHA may PHAs that have initiated the selection process to project-base certain FYI and/or FUP vouchers without HUD approvalmay be eligible to project- base FYI and FUP units formally identified for project basing in accordance with all applicable PBV regulations and PHA policies in Chapter 17. This includes FYI vouchers awarded under Notices PIH 2020-28 and, PIH 2021-26., and PIH 2023-

04. Assistance awarded under Notice PIH 2018-20 is prohibited from being project-based.

HACP Policy:

HACP does not participate in this program. However, if awarded FYI Vouchers and administer FSS HACP will not project-base FYI vouchers.

All FYI vouchers will be used to provide tenant-based assistance.

PART III: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM 19-III.A. OVERVIEW

Since 2008, HCV program funding has provided rental assistance under a supportive housing program for homeless veterans. The Veterans Affairs Supportive Housing (VASH) program combines HCV rental assistance with case management and clinical services provided by the Department of Veterans Affairs (VA) at VA medical centers (VAMCs) and Community-Based Outpatient Clinics (CBOCs), or through a designated service provider (DSP) as approved by the VA Secretary. Eligible families are homeless veterans and their families that agree to participate in VA case management and are referred to the VAMC’s partner PHA for HCV assistance. The VAMC or DSP’s responsibilities include:

• Screening homeless veterans to determine whether they meet VASH program participation criteria.
• Referring homeless veterans to the PHA; - The term homeless veteran means a veteran who is homeless (as that term is defined in subsection (a) or (b) of Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). See 38 U.S.C. 2002.

• Providing appropriate treatment and supportive services to potential

VASH participants, if needed, prior to PHA issuance of a voucher.

• Providing housing search assistance to VASH participants.

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• Identifying the social service and medical needs of VASH participants, and providing or ensuring the provision of regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout the veterans’ participation period; and

• Maintaining records and providing information for evaluation purposes, as required by HUD and the VA.

VASH vouchers are awarded noncompetitively based on geographic need and PHA administrative performance. Eligible PHAs must be located within the jurisdiction of a VAMC and in an area of high need based on data compiled by HUD and the VA. When Congress funds a new allocation of VASH vouchers, HUD invites eligible PHAs to apply for a specified number of vouchers.

Generally, the HUD-VASH program is administered in accordance with regular HCV program requirements. However, HUD is authorized to waive or specify alternative requirements to allow PHAs to effectively deliver and administer VASH assistance. Alternative requirements are established in the HUD-VASH Operating Requirements, which were originally published in the Federal Register on May 6, 2008, and updated September 27, 2021. Unless expressly waived by HUD, all regulatory requirements and HUD directives regarding the HCV program are applicable to VASH vouchers, including the use of all HUD-required contracts and other forms, and all civil rights and fair housing requirements. In addition, the PHA may request additional statutory or regulatory waivers that it determines are necessary for the effective delivery and administration of the program. The VASH program is administered in accordance with applicable Fair Housing requirements since civil rights requirements cannot be waived under the program. These include applicable authorities under 24 CFR 5.105(a) and 24 CFR 982.53 including, but not limited to, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1873, Title VI of the Civil Rights Act of 1864, the Americans with Disabilities Act, and the Age Discrimination Act and all PHA policies as outlined in Chapter 2 of this document.

When HUD-VASH recipients include veterans with disabilities or family members with disabilities, reasonable accommodation requirements in Part II of Chapter 2 of this policy apply.

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VAMC case managers will screen all families in accordance with VA screening criteria and refer eligible families to the PHA for determination of program eligibility and voucher issuance.

The PHA has no role in determining or verifying the veteran’s eligibility under VA screening criteria, including determining the veteran’s homelessness status. The PHA must accept referrals from the partnering VAMC and must maintain written documentation of referrals in VASH tenant files. Upon turnover, VASH vouchers must be issued to eligible veteran families as identified by the VAMC.

HACP Policy:

In order to expedite the screening process, HACP will provide all forms and a list of documents required for the VASH application to the VAMC.

VAMC Case managers will work with veterans to fill out the forms and compile all documents prior to meeting with HACP and submitting an application. The VAMC case manager shall email copies of all documents to HACP.

HACP will performance eligibility screening within five (5) business days of receiving both a complete referral packet from the VAMC and the results of the criminal background check indicating that no member of the household is subject to a lifetime ban due to sex offender sta tus.

19-III.C. HCV PROGRAM ELIGIBILITY [FR Notice 9/27/21]
Eligible participants are homeless veterans and their families who agree to participate in case management from the VAMC.

• A VASH Veteran or veteran family refers to either a single veteran or a veteran with a household composed of two or more related persons. It also includes one or more eligible persons living with the veteran who are determined to be important to the veteran’s care or well-being. • A veteran for the purpose of VASH is a person whose length of service meets statutory requirements, and who served in the active military, naval, or air service, was discharged or released under conditions other than dishonorable, and is eligible for VA health care.

Under VASH, PHAs do not have authority to determine family eligibility in accordance with HCV program rules and PHA policies. The only reasons for denial of assistance by the PHA are failure to meet the income eligibility requirements and/or that a family member is subject to a lifetime registration requirement under a state sex offender registration program. Under portability, the receiving PHA must also comply with these VASH screening requirements.

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Social Security Numbers: When verifying Social Security numbers (SSNs) for homeless veterans and their family members, an original document issued by a federal or state government agency, which contains the name and SSN of the individual along with other identifying information of the individual, is acceptable in accordance with Section 7-II.B. of this policy.

In the case of the homeless veteran, the PHA must accept the Certificate of Release or Discharge from Active Duty (DD-214) or the VA-verified Application for Health Benefits (10-10EZ) as verification of SSN and cannot require the veteran to provide a Social Security card. A VA-issued identification card may also be used to verify the SSN of a homeless veteran.

Proof of Age
The DD-214 or 10-10EZ must be accepted as proof of age in lieu of birth certificates or other PHA-required documentation as outlined in Section 7-II.C. of this policy. A VA-issued identification card may also be used to verify the age of a homeless veteran.

Photo Identification
A VA-issued identification card must be accepted in lieu of another type of government-issued photo identification. These cards also serve as verification of SSNs and date of birth.

Income Eligibility
The PHA must determine income eligibility for VASH families in accordance with 24 CFR 982.201 and policies in Section 3-II.A. If the family is over-income based on the most recently published income limits for the family size, the family will be ineligible for HCV assistance.

While income-targeting does not apply to VASH vouchers, the PHA may include the admission of extremely low-income VASH families in its income targeting numbers for the fiscal year in which these families are admitted.

HACP Policy:

HACP will include any extremely low-income VASH families that are admitted in its income targeting numbers for the fiscal year in which these families are admitted.

Income targeting requirements of section 16(b) of the USHA of 1837, as well as
24 CFR 982.201(b)(2), do not apply for HUD–VASH families so that HACP can effectively serve the eligible population specified in the Appropriations Acts; that is, homeless veterans, who may be at a variety of income levels, including low- income.

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The HACP will not apply income targeting requirements separate from the HUD- VASH Screening completed by the VAMC. The Screening assigns a Vulnerability score which ranks applicants based on several factors including income level, disability, chronic homelessness, family composition and other risk factors.

Screening
The PHA may not screen any potentially eligible family members or deny assistance for any grounds permitted under 24 CFR 982.552 and 982.553 with one exception: the PHAs is still required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. Accordingly, with the exception of denial for registration as a lifetime sex offender under state law and PHA policies on how sex offender screenings will be conducted, PHA policy in Sections 3-III.B. through 3-III.E. do not apply to VASH. The prohibition against screening families for anything other than lifetime sex offender status applies to all family members, not just the veteran.

If a family member is subject to lifetime registration under a state sex offender registration program, the remaining family members may be served if the family agrees to remove the sex offender from its family composition. This is true unless the family member subject to lifetime registration under a state sex offender registration program is the homeless veteran, in which case the family would be denied admission to the program [New HCV GB, HUD-VASH, p. 6].

Denial of Assistance [Notice PIH 2008-37]
Once a veteran is referred by the VAMC, the PHA must either issue a voucher or deny assistance. If the PHA denies assistance, it must provide the family with prompt notice of the decision and a brief statement of the reason for denial in accordance with Section 3-III.F. Like in the standard HCV program, the family must be provided with the opportunity for an informal review in accordance with policies in Section 3-III.F. In addition, a copy of the denial notice must be sent to the VAMC case manager.

19-III.D. CHANGES IN FAMILY COMPOSITION

Adding Family Members [FR Notice 9/27/21]
When adding a family member after the family has been admitted to the program, PHA policies in Section 3-II.B. apply. Other than the birth, adoption, or court- awarded custody of a child, the PHA must approve/authorize additional family members and will apply its regular screening criteria in doing so.

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Remaining Family Members [HUD-VASH Qs and As]
If the homeless veteran dies while the family is being assisted, the voucher would remain with the remaining members of the tenant family. The PHA may use one of its own regular vouchers, if available, to continue assisting this family and free up a VASH voucher for another VASH-eligible family. If a regular voucher is not available, the family would continue utilizing the VASH voucher. Once the VASH voucher turns over, however, it must go to a homeless veteran family.

Family Break Up [HUD-VASH Qs and As]
In the case of divorce or separation, since the set-aside of VASH vouchers is for veterans, the voucher must remain with the veteran. This overrides the PHA’s policies in Section 3-I.C. on how to determine who remains in the program if a family breaks up.

19-III.E. LEASING [FR Notice 9/27/21]

Waiting List
The PHA does not have the authority to maintain a waiting list or apply local preferences for HUD–VASH vouchers. Policies in Chapter 4 relating to applicant selection from the waiting list, local preferences, special admissions, cross- listing, and opening and closing the waiting list do not apply to VASH vouchers.

Exception Payment Standards
To assist VASH participants in finding affordable housing, especially in competitive markets, HUD allows PHAs to establish a HUD-VASH exception payment standard. PHAs may go up to but no higher than 120 percent of the published area-wide fair market rent (FMR) or small area fair market rent (SAFMR) specifically for VASH families. PHAs who want to establish a VASH exception payment standard over 120 percent must still request a waiver from HUD through the regular waiver process outlined in Notice PIH 2018-16.

Voucher Issuance
Unlike the standard HCV program which requires an initial voucher term of at least 60 days, VASH vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply.

HACP Policy:

All VASH vouchers will have an initial term of 120 calendar days.

The family must submit a Request for Tenancy Approval and, where available, a proposed lease within the 120
-day period unless HACP grants
an extension.

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The PHA must track issuance of HCVs for families referred by the VAMC or DSP in PIC as required in Notice PIH 2011-53.

Initial Lease Term
Unlike in the standard the HCV program, VASH voucher holders may enter into an initial lease that is for less than 12 months. Accordingly, PHA policy in Section 9-I.E., Term of Assisted Tenancy, does not apply.

Ineligible Housing [FR Notice 6/18/14]
Unlike in the standard HCV program, VASH families are permitted to live on the grounds of a VA facility in units developed to house homeless veterans. This applies to both tenant-based assistance and PBV. Therefore, 24 CFR 982.352(a)(5) and 983.53(a)(2), which prohibit units on the physical grounds of a medical, mental, or similar public or private institution, do not apply to VASH for this purpose only. Accordingly, PHA policy in 9-I.D., Ineligible Units, does not apply for this purpose only.

HQSNSPIRE Pre-Inspections
To expedite the leasing process, PHAs may pre-inspect available units that veterans may be interested in leasing in order to maintain a pool of eligible units.

If a VASH family selects a unit that passed an HQSNSPIRE inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval (Form HUD-52517), the unit may be approved if it meets all other conditions under 24 CFR 982.305. However, the veteran must be free to select their unit and cannot be steered to these units.

HACP Policy:

If a VASH family selects a unit that passed an initial HQS inspection (without intervening occupancy) within 9045 days of the date of the RTA, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The veteran will be free to select their unit.

HACP will make every effort to fast-track the inspection process and the RTA approval process.

19-III.F. PORTABILITY [FR Notice 9/27/21 and Notice PIH 2011-53]

General Requirements
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prior to the move and provide written confirmation that case management will continue to be provided in the family’s new location. VASH participant families may only reside in jurisdictions that are accessible to case management services, as determined by case managers at the partnering VAMC or DSP.

Under VASH, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied.

As a result, PHA policies in Section 10-II.B. about nonresident applicants do not apply.

If the family no longer requires case management, there are no portability restrictions. Normal portability rules apply.

Portability within the Initial VAMC or DSP’s Catchment Area A VASH family can move within the VAMC’s catchment area as long as case management can still be provided, as determined by the VA. If the initial PHA’s partnering VAMC will still provide the case management services, the receiving PHA must process the move in accordance with portability procedures:

• If the receiving PHA has been awarded VASH vouchers, it can choose to either bill the initial PHA or absorb the family if it has a VASH voucher available to do so. - If the PHA absorbs the family, the VAMC or DSP providing the initial case management must agree to the absorption and the transfer of case management.

• If the receiving PHA does not administer a VASH program, it must always bill the initial PHA.

Portability Outside of the Initial VAMC or DSP’s Catchment Area If a family wants to move to another jurisdiction where it will not be possible for the initial PHA’s partnering VAMC or DSP to provide case management services, the initial VAMC or DSP must first determine that the VASH family could be served by another VAMS or DSP that is participating in the VASH program, and the receiving PHA has an available VASH voucher.

In these cases, the family must be absorbed by the receiving PHA either as a new admission or as a portability move-in, as applicable. Upon absorption, the initial PHA’s VASH voucher will be available to lease to a new VASH-eligible family, and the absorbed family will count toward the number of VASH slots awarded to the receiving PHA.

Portability Outside of the Initial VAMC or DSP’s Catchment Area under VAWA
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Veterans who request to port beyond the catchment area of the VAMC or DSP where they are receiving case management to protect the health or safety of a person who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, or human trafficking and who reasonably believes they are threatened with imminent harm from further violence by remaining in the unit may port prior to receiving approval from the receiving VAMC or DSP. The initial PHA must follow its emergency transfer plan (see Exhibit 16-3). PHAs may require verbal self-certification or a written request from a participant seeingseeking a move beyond the catchment area of the VAMC or DSP. The verbal self-certification or written request must include either a statement expressing why the participant reasonably believes that there is a threat of imminent harm from further violence if they were to remain in the same unit or a statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-day period preceding the participants request for the move.

The participant must still port to a PHA that has a VASH program. If the receiving PHA does not have a VASH voucher available to lease, they may bill the initial PHA until a VASH voucher is available, at which point the porting veteran must be absorbed into the receiving PHA’s program.

19-III.G. TERMINATION OF ASSISTANCE [FR Notice 9/27/21] With the exception of terminations for failure to receive case management, HUD has not established any alternative requirements for termination of assistance for VASH participants. However, prior to terminating VASH participants, HUD strongly encourages PHAs to exercise their discretion under 24 CFR 982.552(c)(2) as outlined in Section 12-II.D. of this policy and consider all relevant circumstances of the specific case. This includes granting reasonable accommodations for persons with disabilities, as well as considering the role of the case manager and the impact that ongoing case management services can have on mitigating the conditions that led to the potential termination.

VASH participant families may not be terminated after admission for a circumstance or activities that occurred prior to admission and were known to the PHA but could not be considered at the time of admission due to VASH program requirements. The PHA may terminate the family’s assistance only for program violations that occur after the family’s admission to the program.

Cessation of Case Management
As a condition of receiving HCV rental assistance, a HUD-VASH-eligible family must receive case management services from the VAMC or DSP. A VASH participant family’s assistance must be terminated for failure to participate, without good cause, in case management as verified by the VAMC or DSP.

However, a VAMC or DSP determination that the participant family no longer requires case management is not grounds for termination of voucher or PBV assistance. In such a case, at its option, the PHA may offer the family continued Formatted: Font color: Blue
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assistance through one of its regular vouchers. If the PHA has no voucher to offer, the family will retain its VASH voucher or PBV unit until such time as the PHA has an available voucher for the family.

VAWA [FR Notice 9/27/21]
When a veteran’s family member is receiving protection under VAWA because the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, or human trafficking the victim must continue to be assisted.

Upon termination of the perpetrator’s VASH assistance, the victim must be given a regular HCV if one is available, and the perpetrator’s VASH voucher must be used to serve another eligible veteran family. If a regular HCV is not available, the perpetrator must be terminated from assistance and the victim will continue to use the VASH voucher.

19 -III.H. PROJECT-BASING VASH VOUCHERS
General Requirements [Notice PIH 2017-21 and FR Notice 9/27/21] PHAs are authorized to project-base their tenant-based VASH vouchers without additional HUD review or approval in accordance with Notice PIH 2017-21 and all PBV program requirements provided that the VAMC will continue to make supportive services available In addition, since 2010, HUD has awarded VASH vouchers specifically for project-based assistance in the form of PBV HUD-VASH set-aside vouchers. While these vouchers are excluded from the PBV program cap as long as they remain under PBV HAP contract at the designated project, all other VASH vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A. Note that VASH supportive services only need to be provided to VASH families receiving PBV assistance in the project, not all families receiving PBV assistance in the project. If a VASH family does not require or no longer requires case management, the unit continues to count as an excepted PBV unit as long as the family resides in the unit.

If the PHA project-bases VASH vouchers, the PHA must consult with the partnering VAMC or DSP to ensure approval of the project or projects. PHAs may project-based VASH vouchers in projects alongside other PBV units and may execute a single HAP contract covering both the VASH PBVs and the other PBVs. The PHA must refer only VASH families to PBV units exclusively made available to VASH families and to PBV units funded through a HUD set-aside award.

If a VASH family is referred to the PHA and there is an available PBV unit that is not exclusively made available to VASH families, the PHA may offer to refer the family to the owner if allowable under the selection policy for that project, and the owner and PHA may amend the HAP contract to designate the PBV unit as a VASH PBV unit.

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The PHA and owner may agree to amend a PBV HAP contract to redesignate a regular PBV unit as a unit specifically designated for VASH families so long as the PHA first consults with the VAMC or DSP. Additionally, the PHA and owner may agree to amend a PBV HAP contract to redesignate a unit specifically designated for VASH families as a regular PBV unit, so long as the unit is not funded through a VASH PBV set-aside award and is eligible for regular PBV (i.e., the unit is not on the grounds of a medical facility and the unit is eligible under the PHA’s program and project caps).

Policies for VASH PBV units will generally follow PHA policies for the standard PBV program as listed in Chapter 17, with the exception of the policies listed below.

Failure to Participate in Case Management [FR Notice 9/27/21] Upon notification by the VAMC or DSP of the family’s failure to participate, without good cause, in case management, the PHA must provide the family a reasonable time period to vacate the unit. The PHA must terminate assistance to the family at the earlier of either the time the family vacates or the expiration of the reasonable time period given to vacate.

HACP Policy:

Upon notification by the VAMC or DSP that a VASH PBV family has failed to participate in case management without good cause, HACP will provide written notice of termination of assistance to the family and the owner within 10 business days. The family will be given 60 days from the date of the notice to move out of the unit.

HACP may make exceptions to this 60
-day period if needed for reasons
beyond the family’s control such as death, serious illness, or other medical emergency of a family member.

If the family fails to vacate the unit within the established time, the owner may evict the family. If the owner does not evict the family, the PHA must remove the unit from the HAP contract or amend the HAP contract to substitute a different unit in the project if the project is partially assisted.

The PHA may add the removed unit to the HAP contract after the ineligible family vacates the property.

Moves [HUD-VASH Qs and As, FR Notice 9/27/21]
When a VASH PBV family is eligible to move from its PBV unit in accordance with Section 17-VIII.C. of this policy, but there is no other comparable tenant- based rental assistance, the following procedures must be implemented:

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• If a VASH tenant-based voucher is not available at the time the family wants (and is eligible) to move, the PHA may require a family who still requires case management to wait for a VASH tenant-based voucher for a period not to exceed 180 days.
• If a VASH tenant-based voucher is still not available after that period, the family must be allowed to move with its VASH voucher. Alternatively, the PHA may allow the family to move with its VASH voucher without having to meet this 180-day period. In either case, the PHA is required to replace the assistance in the PBV unit with one of its regular vouchers, unless the PHA and owner agree to temporarily remove the unit from the HAP contract; and
• If a VASH veteran is determined to no longer require case management, the PHA must allow the family to move with the first available tenant- based voucher if not VASH voucher is immediately available and cannot require the family to wait for a VASH voucher to become available.

PART IV: MAINSTREAM VOUCHER PROGRAM

19 -IV.A. PROGRAM OVERVIEW [Notice PIH 2020-01]
Mainstream vouchers assist non-elderly persons with disabilities and their families in the form of either project-based or tenant-based voucher assistance.

Aside from separate funding appropriations and serving a specific population, Mainstream vouchers follow the same program requirements as standard vouchers. The PHA does not have special authority to treat families that receive a Mainstream voucher differently from other applicants and participants. For example, the PHA cannot apply different payment standards, establish conditions for allowing portability, or apply different screening criteria to Mainstream families.

The Mainstream voucher program, (previously referred to as the Mainstream 5- Year program or the Section 811 voucher program) was originally authorized under the National Affordable Housing Act of 1890. Mainstream vouchers operated separately from the regular HCV program until the passage of the Frank Melville Supportive Housing Investment Act of 2010. Funding for Mainstream voucher renewals and administrative fees was first made available in 2012. In 2017 and 2018, incremental vouchers were made available for the first time since the Melville Act (in addition to renewals and administrative fees), and PHAs were invited to apply for a competitive award of Mainstream vouchers under the FY17 and FY18 NOFAs. In 2020, Notice PIH 2020-22 provided an opportunity for any PHA administering an HCV program to apply for Mainstream vouchers noncompetitively, while Notice PIH 2020-09 authorized an increase in Formatted: Indent: Left: 0"
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Mainstream voucher units and budget authority for those PHAs already awarded Mainstream vouchers under the FY17 and FY18 NOFAs.

Funds for Mainstream vouchers may be recaptured and reallocated if the PHA does not comply with all program requirements or fails to maintain a utilization rate of 80 percent for the PHA’s Mainstream vouchers.

19-IV.B. ELIGIBLE POPULATION [Notice PIH 2020-01 and Notice PIH 2020- 22]
All Mainstream vouchers must be used to serve non-elderly persons with disabilities and their families, defined as any family that includes a person with disabilities who is at least 18 years old and not yet 62 years old as of the effective date of the initial HAP contract. The eligible disabled household member does not need to be the head of household.

The definition of person with disabilities for purposes of Mainstream vouchers is the statutory definition under section 3(b)(3)(E) of the 1837 Act, which is the same as is used for allowances and deductions in the HCV program and is provided in Exhibit 3-1 of this policy.

Existing families receiving Mainstream vouchers, where the eligible family member is now age 62 or older, will not “age out” of the program as long as the family was eligible on the day it was first assisted under a HAP contract.

The PHA may not implement eligibility screening criteria for Mainstream vouchers that is different from that of the regular HCV program.

19-IV.C. PARTNERSHIP AND SUPPORTIVE SERVICES [Notice PIH 2020-01] PHAs are encouraged but not required to establish formal and informal partnerships with a variety of organizations that assist persons with disabilities to help ensure eligible participants find and maintain stable housing.

HACP Policy:

HACPACP does not participate in this program. However, if awarded Mainstream Vouchers, HACP will implement a Mainstream program in partnership with the Department of Health, Housing and Homeless Services (H3) and the Housing Consortium of the East Bay (HCEB).

19 -IV.D. WAITING LIST ADMINISTRATION
General Waiting List Requirements [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20]
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PHAs must not have a separate waiting list for Mainstream voucher assistance since the PHA is required by the regulations to maintain one waiting list for tenant-based assistance [24 CFR 982.204(f)]. All PHA policies on opening, closing, and updating the waiting list, as well as waiting list preferences in Chapter 4, apply to the Mainstream program.

When the PHA is awarded Mainstream vouchers, these vouchers must be used for new admissions to the PHA’s program from the waiting list. The PHA must lease these vouchers by pulling the first Mainstream-eligible family from its tenant-based waiting list. PHAs are not permitted to reassign existing participants to the program in order to make regular tenant-based vouchers available.

Further, the PHA may not skip over Mainstream-eligible families on the waiting list because the PHA is serving the required number of Mainstream families.

Upon turnover, vouchers must be provided to Mainstream-eligible families. If a Mainstream turnover voucher becomes available, the PHA must determine if the families at the top of the waiting list qualify under program requirements.

Admission Preferences [Notice PIH 2020-01; FY17 Mainstream NOFA; FY18 Mainstream NOFA]
If the PHA claimed points for a preference in a NOFA application for Mainstream vouchers, the PHA must adopt a preference for at least one of the targeted groups identified in the NOFA.

HACP Policy:

HACP does not participate in this program. However, if awarded Mainstream Vouchers, HACP has not claimed a preference for a targeted group as part of an application for Mainstream vouchers under a NOFA. If funded, HACP will offer the following preference:
• Mainstream (250 Points). A preference for non-elderly persons with disabilities transitioning out of institutional and other segregated settings, at serious risk of institutionalization, homeless, at risk of becoming homeless or previously experienced homelessness and is currently a client in permanent supportive housing or a rapid rehousing project.

Families on the HCV waiting list shall have first priority for the Mainstream vouchers and thereafter a separate waiting list for Mainstream eligible households shall be maintained to include referrals from the Housing Consortium of the East Bay and the Contra Costa County Health, Housing and Human Services department who are partners with HACP in the Mainstream voucher program.

19-IV.E. PORTABILITY [Notice PIH 2020-01 and Mainstream Voucher Basics Webinar, 10/15/20]

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Mainstream voucher participants are eligible for portability under standard portability rules and all PHA policies regarding portability in Chapter 10, Part II apply to Mainstream families.

The following special considerations for Mainstream vouchers apply under portability:
• If the receiving PHA has a Mainstream voucher available, the participant may remain a Mainstream participant. - If the receiving PHA chooses to bill the initial PHA, then the voucher will remain a Mainstream voucher. - If the receiving PHA chooses to absorb the voucher, the voucher will be considered a regular voucher, or a Mainstream voucher if the receiving PHA has a Mainstream voucher available, and the Mainstream voucher at the initial PHA will be freed up to lease to another Mainstream-eligible family. • If the receiving PHA does not have a Mainstream voucher available, the participant may receive a regular voucher.

19-IV.F. PROJECT-BASING MAINSTREAM VOUCHERS [FY18 Mainstream Voucher NOFA Q&A]

The PHA may project-base Mainstream vouchers in accordance with all applicable PBV regulations and PHA policies in Chapter 17. PHAs are responsible for ensuring that, in addition to complying with project-based voucher program requirements, the project complies with all applicable federal nondiscrimination and civil rights statutes and requirements. This includes, but is not limited to, Section 504 of the Rehabilitation Act (Section 504), Titles II or III of the Americans with Disabilities (ADA), and the Fair Housing Act and their implementing regulations at 24 CFR Part 8; 28 CFR Parts 35 and 36; and 24 CFR Part 100. Mainstream vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

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TEMPORARY POLICY SUPPLEMENT

EMERGENCY HOUSING VOUCHERS (EHV)

INTRODUCTION
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-18.

On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD’s process for allocating approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in the program.

PHAs may not project-base EHVs; EHVs are exclusively tenant-based assistance.

All applicable nondiscrimination and equal opportunity requirements apply to the EHV program, including requirements that the PHA grant reasonable accommodations to persons with disabilities, effectively communicate with persons with disabilities, and ensure meaningful
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access for persons with limited English proficiency (LEP).

This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in this chapter are organized into seven sections, as follows:

Part I: Funding
Part II: Partnering Agencies
Part III: Waiting List Management
Part IV: Family Eligibility
Part V: Housing Search and Leasing
Part VI: Use of Funds, Reporting, and Financial Records Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to EHVs.

PART I: FUNDING

TPS
-I.A. FUNDING OVERVIEW
The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH 2021-15. These fees may only be used for EHV administration and other eligible expenses and must not be used for or applied to other PHA programs or vouchers. The PHA must maintain separate financial records from its regular HCV funding for all EHV funding.

Housing Assistance Payments (HAP) Funding
ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for EHV administrative expenses or for the eligible uses under the EHV services fee.

The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will be based on the PHA’s actual EHV HAP costs in leasing, similar to the renewal process for the regular HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are renewed separately from the regular HCV program. All renewal funding for the duration of the EHV program has been appropriated as part of the ARP funding.

Administrative Fee and Funding
The following four types of fees and funding are allocated as part of the EHV program:

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• Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies:

- $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended.

- This fee may be used for any eligible administrative expenses related to EHVs.

- The fee may also be used to pay for any eligible activities under EHV service fees (TPS- I.B).

• Placement fees/expedited issuance reporting fees will support initial lease- up costs and the added cost and effort required to expedite leasing of EHVs:

- $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center–Next Generation (PIC–NG) system within 14 days of voucher issuance or the date the system becomes available for reporting.

- Placement fees:

- $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates.
- Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers.

• Ongoing administrative fees, which are calculated in the same way as the standard HCV program:

- PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding.

• Services fees, which are a one-time fee to support PHAs’ efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B):

- The fee is allocated once the PHA’s CACC is amended to reflect EHV funding.

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- The amount allocated is $3,500 for each EHV allocated.

TPS-I.B. SERVICE FEES
Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories:
• Housing search assistance

• Security deposit/utility deposit/rental application/holding fee uses

• Owner-related uses

• Other eligible uses such as moving expenses or tenant-readiness services

The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA’s administrative plan.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers The eligible uses for service fees include:

Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household’s disability-related needs, providing transportation and directions, assisting with the completion of rental applications and HACP forms, and helping to expedite the EHV leasing process for the family.

Application fees/non-refundable administrative or processing fees/refundable application deposit assistance. HACP may choose to assist the family with some or all these expenses.

Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under applicable state and/or local law, the actual security deposit required by the owner or the per-household $3,500 service fee. HACP reserves the right to pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, the PHA will require documentation that the family paid the security deposit.

Utility deposit assistance/utility arrears. HACP may provide utility deposit assistance for some or all of the family’s utility deposit expenses.

Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease.

HACP may pay the utility deposit assistance directly to the utility company or may pay the assistance to the family. If paid to the family, HACP will Formatted: Line spacing: 1.5 lines
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require documentation the family paid the utility deposit. HACP will require the utility supplier to return the utility deposit assistance to the family at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities. HACP may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to HACP will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD.

Moving expenses (including move-in fees and deposits). HACP may provide assistance for some or all of the family’s reasonable moving expenses when they initially lease a unit with the EHV. HACP will not provide moving expenses assistance for subsequent moves unless the family is required to move for reasons other than something the family did or failed to do (e.g., HACP is terminating the HAP contract because the owner did not fulfill the owner responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity to enter a new lease after the initial lease term, as opposed to the family choosing to terminate the tenancy in order to move to another unit), or a family has to move due to domestic violence, dating violence, sexual assault, or stalking.

Tenant-readiness services. HACP may use fees to help mitigate barriers that individual families may face in renting a unit with an EHV, such as negative credit, lack of credit, negative rental or utility history, or to connect the family to other community resources (including COVID-related resources) that can assist with rental arrears.

Essential household items. HACP may use services fee funding to assist the family with some or all of the costs of acquiring essential household items such as tableware, cooking equipment, beds or bedding, and essential sanitary products such as soap and toiletries.

Any services fee assistance that is returned to HACP after its initial or subsequent use may only be applied to the eligible services fee uses defined in Notice PIH 2021-15 (or subsequent notice) or other EHV administrative costs. Any amounts not expended for these eligible uses when the HACP’s EHV program ends must be remitted to HUD.

PART II: PARTNERING AGENCIES

TPS-II.A. CONTINUUM OF CARE (COC)
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PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding (MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, the PHA will enter into an MOU with the Department of Health, Housing and Homeless Services as custodian of the Continuum of Care of Contra Costa County to assist and provide services on behalf of EHV participating households. See Exhibit TPS-1 for a copy of the MOU.

TPS-II.B. OTHER PARTNERING ORGANIZATIONS
The PHA may, but is not required to, partner with other organizations trusted by persons experiencing homelessness, such as victim services providers (VSPs) and other community partners. If the PHA chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering agency or the partnering agency may be added to the MOU between the PHA and CoC.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers HACP has not yet added any third-party service providers to the MOU between the HACP and CoC as contributing partners to assist and provide services on behalf of EHV participating households at this time. See Exhibit TPS-1 for a copy of the MOU.

TPS-II.C. REFERRALS

CoC and Partnering Agency Referrals
The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying individuals and families to the PHA. The PHA must generally refer a family that is seeking EHV assistance directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under one of the four eligibility categories for EHVs.

The CoC or other direct referral partner must provide supporting documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, the CoC or partnering agency must establish and implement a system to identify EHV- eligible individuals and families within the agency’s caseload and make referrals to the HACP. The CoC or other Formatted: Line spacing: Multiple 1.15 li
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partnering agency must certify that the EHV applicants they refer to HACP meet at least one of the four EHV eligibility criteria. HACP will maintain a copy of the referral or certification from the CoC or other partnering agency in the participant’s file along with other eligibility paperwork.

Homeless service providers shall use the certification form found in Exhibit TPS-2 of this chapter. Victim services providers shall use the certification form found in Exhibit TPS-3 of this chapter when identifying eligible families who qualify as victims of human trafficking.

As part of the MOU, HACP and CoC or other partnering agency will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner.

HACP liaison responsible for acceptance of referrals will contact the CoC or partnering agency liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than five business days from the date the CoC or partnering agency receives this notification, the CoC or partnering agency liaison will provide HACP with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible.

HACP and CoC have determined that the best approach to utilize the EHVs is to create better flow and mobility within the supportive housing and sheltered community. Households who were initially directed to Permanent Supportive Housing (PSH) through the Coordinated Entry System or are eligible for Moving On prioritization would best be served ahead of all other categories. Households that are identified as no longer needing a higher level of care or services and ready to transition to a permanent assisted housing option using the EHV would be prioritized to move out of the PSH/RRH units and make them available for other families who need those service-enriched housing options. This would increase the flow of housing opportunities within the CoC and would also open up PSH/RRH slots for those who need the level of services and subsidy that come with PSH/RRH. In addition, as a third priority category, HACP and the CoC will direct EHV to eligible homeless families pursuant to the HUD definition of homelessness indicated above.

A. Moving On

As part of its strategic priority to end homelessness, the Continuum of Care (CoC) has adopted Moving On strategies in the community for clients in permanent supportive housing (PSH) who may no longer need or want the intensive services offered in PSH but continue to need assistance to maintain their housing. Moving On strategies challenge a community to create Formatted: Font: Bold, Italic
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partnerships between the CoC and mainstream housing programs such as the Housing Choice Voucher (HCV) program, and HUD-funded multifamily housing providers.

Moving On enables tenants to move on from supportive housing by offering affordable housing and connections to other resources. This may include a physical move to a new home, or a ‘transition in place’ arrangement where the services move on to another tenant. The decision to pursue Moving On is always voluntary and driven by the tenant.

B. Permanent Supportive Housing

1. PSH/Moving On + DV criteria (Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking)

2. PSH/Moving On

3. Homeless - DV criteria AND highest length of time at shelter, basic income, needs few to no services (Long Term Stayer)

4. Homeless - AND highest length of time at shelter, basic income, needs few to no services (Long Term Stayer)

Permanent supportive housing is an intervention that combines affordable housing assistance with voluntary support services to address the needs of chronically homeless people. The services are designed to build independent living and tenancy skills and connect people with community-based health care, treatment and employment services.

Permanent supportive housing is permanent housing with indefinite leasing or rental assistance paired with supportive services to assist homeless persons with a disability or families with an adult or child member with a disability achieve housing stability.

C. Shelters

Shelters serve households who are literally homeless and offer an array of housing and case management services depending on the shelter provider.

Many participants of shelter programs have income and have reached stability but need deeply affordable and subsidized housing. The lack of affordable housing options presents significant barriers for those in shelter to rapidly exit, and thereby reduces the number of beds available for new clients. Those who remain in the shelter for past 180 days are considered long term stayers and have significant challenges exiting to permanent housing.

Prioritization
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As a result of defining the criteria of eligible households, the following prioritization system has been developed to memorialize the order in which households will be considered for an EHV.

Category 1 – PSH Moving On
Qualifies under EHV Eligibility Category 4 Recently Homeless: Section 8 defines this as individuals and families who have previously been classified by the COC as homeless, but are not currently homeless as a result of homelessness assistance (financial or services), temporary rental assistance, etc. and where the COC or its designee determines that the loss of such assistance would result in a return to homelessness. Examples of such households may include (but are not limited to) participants in PSH.

Category 2
– Homeless/Sheltered Long Stayers

Qualifies under EHV Eligibility Category 1: Homeless.

TPS-II.D. REFERRAL PROCESS
HACP shall notify the CoC’s Coordinated Entry System Administrator when EHVs become available. Within five (5) business days of being notified of the availability of EHVs, the CoC shall make every effort to make a referral to HACP’s point of contact.

For PSH clients that are interested in and eligible for Emergency Housing Vouchers through the Moving On Program, CE will convene the Housing Placement Committee to review the client’s case history to discuss the key indicators of the client’s capacity for the Moving On program. Among the indicators to be considered are as follows:
• Housing History
• Financial Stability
• Service Needs and Supports (includes connections to health, mainstream resources, and family or other natural supports) • Household Composition

Weighing these indicators, the Housing Placement Committee will make a determination as to whether the client should be recommended for an Emergency Housing Voucher. Recommended clients will be referred to the Housing Authority of Contra Costa County by CE once all eligibility documentation has been received.

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Program shall be addressed through the HACP Administrative Plan for the Housing Choice Voucher Program.

CE will only send HACP referrals for the number of spaces that are open and will not send more than one referral per opening, unless requested by HACP.

Offers of Assistance with CoC Referral
HACP may make an EHV available without a referral from the CoC or other partnering organization in order to facilitate an emergency transfer under VAWA in accordance with the
HACP’s Emergency Transfer Plan (ETP) in Chapter 16.

HACP must also take direct referrals from outside the CoC if:
• The CoC does not have a sufficient number of eligible families to refer to HACP; or

• The CoC does not identify families that may be eligible for EHV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking.

If at any time HACP is not receiving enough referrals or is not receiving referrals in a timely manner from the CoC or other partner referral agencies (or HACP and CoC cannot identify any such alternative referral partner agencies), HUD may permit HACP on a temporary or permanent basis to take EHV applications directly from applicants and admit eligible families to the EHV program in lieu of or in addition to direct referrals in those circumstances.

VAWA Direct Referral
Pursuant to guidance in PIH 2021-15, HACP will also accept direct referrals for VAWA- eligible households who may be fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.

HACP shall execute separate MOUs with these entities to ensure proper HUD compliance. In addition, HACP shall inform the CoC, through CES, in the event that an EHV household is assisted directly so that proper tracking and services are made available to the household.

PART III: WAITING LIST MANAGEMENT
TPS-III. A. HCV WAITING LIST
The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the EHV program. Direct referrals are not added to the PHA’s HCV waiting list.

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The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2021-15.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will give public notice by publishing, on its website, a description of the eligible populations to which EHVs are limited. • Clearly state that the availability of these EHVs is managed through a direct referral process;
• Advise the family to contact the CoC (or any other HACP referral partner, if applicable) if the family believes they may be eligible for EHV assistance.

HACP will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities in accordance with Chapter 2. HACP will also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2.

TPS-III.B. EHV WAITING LIST

The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting list for EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to September 30, 2023.

Further, the EHV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the EHV waiting list.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP shall not establish and operate a separate waiting list for EHV eligible families for whom a voucher is not readily available. The CoC through CES will only refer applicants for available vouchers.

TPS-III.C. PREFERENCES

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HCV Waiting List Preferences If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the PHA has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt additional policies related to EHVs in accordance with Notice PIH 2021-15.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP does not offer either a homeless or a VAWA preference for the HCV waiting list.

EHV Waiting List Preferences
With the exception of a residency preference, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for EHVs. The PHA may, however, choose to not establish any local preferences for the EHV waiting list.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP has not adopted any preferences for the EHV waiting list because it is choosing not to maintain an EHV wait list. CES will provide priority for households fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking.

PART IV: FAMILY ELIGIBLTY
T
PS-IV.A. OVERVIEW
The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below.

TPS-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY
In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria:
• Homeless as defined in 24 CFR 578.3;

• At risk of homelessness as defined in 24 CFR 578.3;

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• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or

• Recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 2021-15.

As applicable, the CoC or referring agency must provide documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for EHV assistance. The PHA must retain this documentation as part of the family’s file.

Detailed definitions of the four eligibility criteria can be found in the authorizing HUD Notice PIH 2021-15.

TPS-IV.C. PHA SCREENING
Overview

HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV applicants.

The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however, apply only when screening the individual or family for eligibility for an EHV. When adding a family member after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so.

Mandatory Denials
Under alternative requirements for the EHV program, mandatory denials for EHV applicants include:

• 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing.

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• 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program.

The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited EHV grounds for denial of admission first.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, while HACP will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, HACP will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family.

Permissive Denial
Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for EHV families.

If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC’s recommendations into consideration.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, in consultation with the CoC, HACP will apply permissive prohibitions to the screening of EHV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Section 3-III.E.

HACP will establish the following permissive prohibitions:

If HACP determines that any household member is currently engaged in, or has engaged in within the previous 12 months:
• Violent criminal activity

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• Other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity

• If the family engaged in or threatened abusive or violent behavior toward HACP personnel within the previous 12 months.

• HACP will also deny assistance to household members already receiving assistance from another program in accordance with Section 9.h. of Notice PIH 2021-15.

Prohibitions based on criminal activity for the eligible EHV populations regarding drug possession will be considered apart from criminal activity against persons (i.e., violent criminal activity).

In compliance with PIH 2021-15, HACP will not deny an EHV applicant admission regardless of whether:
• Any member of the family has been evicted from federally assisted housing in the last five years;

• A PHA has ever terminated assistance under the program for any member of the family;

• The family currently owes rent or other amounts to HACP or to another PHA in connection with Section 8 or public housing assistance under the 1837 Act;

• The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease;

• The family breached an agreement with HACP to pay amounts owed to a PHA, or amounts paid to an owner by a PHA;

• The family would otherwise be prohibited admission under alcohol abuse standards established by HACP in accordance with 24 CFR 982.553(a)(3);

• HACP determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug- related criminal activity.

TPS-IV.D. INCOME VERIFICATION AT ADMISSION

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Self-Certification at Admission
The requirement to obtain third-party verification of income in accordance with Notice PIH 2018-18 does not apply to the EHV program applicants at admission, and alternatively, PHAs may consider self-certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to EHV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination.

Additionally, applicants may provide third-party documentation that represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, any documents used for verification must be the original (not photocopies) and dated within the 60-day period prior to admission. The documents must not be damaged, altered, or in any way illegible.

Printouts from webpages are considered original documents. Any family self-certifications must be made in a format acceptable to HACP and must be signed by the family member whose information or status is being verified.

HACP will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with Chapter 14. HACP will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. HACP shall offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, HACP will terminate the family’s assistance in accordance with the policies in Chapter 12.

Any applicable exceptions made under the CARES Act for the “regular” voucher program, will be applied to EHV participants.

Recently Conducted Income Determinations

PHAs may accept income calculations and verifications from third-party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as:

• The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and
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• The family certifies there has been no change in income or family composition in the interim.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will accept income calculations and verifications from third-party providers provided they meet the criteria outlined above.

The family certification must be made in a format acceptable to HACP and must be signed by all adult family members whose information or status is being verified.

At the time of the family’s annual reexamination HACP shall conduct the annual reexamination of income as outlined at 24 CFR 982.516 and HACP’s policies in Chapter 11.

EIV Income Validation

Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must:

• Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family-reported income within 90 days of the PIC submission date;

• Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and

• Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates.

Prior to admission, PHAs must continue to use HUD’s EIV system to search for all household members using the Existing Tenant Search in accordance with PHA policies in Chapter 3.

If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12.

TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS

VERIFICATION
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admitting the family to the EHV program. Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good- faith effort to obtain the documentation.

If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will not admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. HACP will follow existing policies regarding the disclosure and documentation of these two factors of eligibility.

HACP may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

If HACP determines that an ineligible family received assistance, HACP will take steps to terminate that family from the program in accordance with policies in Chapter 12.

Any applicable exceptions made under the CARES Act for the “regular” voucher program, will be applied to EHV participants.

TPS-IV.F. AGE AND DISABILITY VERIFICATION
PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV.

If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will follow existing policies regarding the disclosure and documentation of birth or disability status. Any applicable exceptions made under the CARES Act for the “regular” voucher program, will be applied to EHV participants.

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If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12.

TPS-IV.G. INCOME TARGETING

The PHA must determine income eligibility for EHV families in accordance with 24 CFR982.201 and PHA policy in Chapter 3; however, income targeting requirements do not apply for EHV families. The PHA may still choose to include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will not include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted.

PART V: HOUSING SEARCH AND LEASING

TPS-V.A. INITIAL VOUCHER TERM
Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, all EHVs will have an initial term of 120 calendar days.

The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the PHA grants an extension.

An extension of the search period will be determined on a case-by-case basis. All households will be asked to document their housing search to confirm that they made efforts to locate housing before any extension will be considered or granted.

TPS-V.B. HOUSING SEARCH ASSISTANCE
The PHA must ensure housing search assistance is made available to EHV families during their initial housing search. The housing search assistance may be provided directly by the PHA or through the CoC or another partnering agency or entity.

At a minimum, housing search assistance must:

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• Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low-poverty neighborhoods;

• Provide transportation assistance and directions to potential units;

• Conduct owner outreach;

• Assist with the completion of rental applications and PHA forms; and

• Help expedite the EHV leasing process for the family

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, as identified in the MOU between HACP and CoC, the following housing search assistance will be provided to each EHV family either directly or through a third party contracted by HACP:

HACP’s Housing Search Assistance shall include the following:
• Conduct owner outreach in accordance with policies in Chapter 13

• Provide directions to potential units as part of the EHV briefing packet

• Expedite the EHV leasing process for the family to the extent practicable and in accordance with policies in this chapter

• At least every 30 days, conduct proactive check-ins via email and telephone with families who are searching with an EHV and remind them of their voucher expiration date

• Assign a dedicated landlord liaison for EHV voucher families

The CoC shall further assist with the following:

• Help families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low-poverty neighborhoods

• Provide transportation assistance to potential units when available

• Assist the family with the completion of rental applications and PHA forms

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TPS-V.C. HQSNSPIRE PRE-INSPECTIONS

To expedite the leasing process, PHAs may pre-inspect available units that EHV families may be interested in leasing in order to maintain a pool of eligible units.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will not conduct any pre-inspections of available units.

HACP will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required re-inspections.

TPS-V.D. INITIAL LEASE TERM
Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy.

TPS
-V.E. PORTABILITY
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below.

Nonresident Applicants
Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.

Billing and Absorption
A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA administers EHVs under its own ACC.
• If the EHV family moves under portability to another PHA that administers EHVs under its own ACC:
- The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has an EHV voucher available to do so). - If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with EHV assistance and may not absorb the family with a regular HCV when the family leases the unit.

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- Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s EHV assistance, the EHV administration of the voucher is in accordance with the receiving PHA’s EHV policies.

• If the EHV family moves under portability to another PHA that does not administer EHV under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA.

Family Briefing
In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family’s assistance, the initial PHA must inform the family how portability may impact the special EHV services and assistance that may be available to the family.

The initial PHA is required to help facilitate the family’s portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP).

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, in addition to following HACP’s policy on briefings in Chapter 5, as part of the briefing packet for EHV families, the PHA will include a written notice that the PHA will assist the family with moves under portability.

For limited English proficient (LEP) applicants, HACP provides interpretation services in accordance with the LEP plan (See Chapter 2).

Coordination of Services
If the portability move is in connection with the EHV family’s initial lease-up, the receiving PHA and the initial PHA must consult and coordinate on the EHV services and assistance that will be made available to the family.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, For EHV families who are exercising portability, when HACP contacts the receiving PHA in accordance with Section 10-II.B.

Preapproval Contact with Receiving PHA, HACP will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance and ensure the receiving PHA is aware of the maximum amount of services fee funding that HACP may provide to the receiving PHA on behalf of the family.

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Services Fee
Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families.

For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or $1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service fees are paid as follows:
• If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible services or assistance to the incoming EHV family, the receiving PHA may be compensated for those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs. • If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to the receiving PHA for those fees and assistance.
• If the receiving PHA does not administer EHVs, the initial PHA must provide the services funding upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not used for services or assistance on behalf of the EHV family must promptly be returned by the receiving PHA to the initial PHA.

Placement Fee/Issuance Reporting Fee
If the portability lease-up qualifies for the placement fee/issuance reporting fee, the receiving PHA receives the full amount of the placement component of the placement fee/issuing reporting fee. The receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial PHA or absorbs the family into its own program at initial lease-up. The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable.

TPS-V.F. PAYMENT STANDARDS

Payment Standard Schedule
For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate EHV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below.

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Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided other regulatory waivers:

• Defining the “basic range” for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent).

• Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. - The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR.

HACP Policy:

HACP does not participate in this program. However, if awarded EHV Vouchers, HACP will implement higher payment standards for EHVs. The EHV payment standards will be set at 110% of the HUD-published Fair Market Rent (FMR).

At no time will the EHV payment standards fall below the HCV payment standards.

If HACP increases the HCV payment standard, HACP will also increase the EHV payment standard if it would be otherwise lower than the new regular HCV payment standard.

Rent Reasonableness
All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has established an alternative or exception EHV payment standard.

Increases in Payment Standards
The requirement that the PHA apply increased payment standards at the family’s first regular recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family’s first regular reexamination following the change.

HACP Policy:

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HACP will not establish an alternative policy for increases in the payment standard. HACP Policy: in Section 11-III.B. governing increases in payment standards will apply to EHV.

TPS-V.G. TERMINATION OF VOUCHERS
After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV- assisted family ends. This means that when an EHV participant (a family that is receiving rental assistance under a HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family unless it does so no later than September 30, 2023.

If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after September 30, 2023, the EHV may not be reissued to another family.

All EHVs under lease on or after October 1, 2023, may not under any circumstances be reissued to another family when the participant leaves the program for any reason.

An EHV that has never been issued to a family may be initially issued and leased after September 30, 2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to continue to cover the HAP needs of currently assisted EHV families.

PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS EHV funds allocated to HACP for HAP (both funding for the initial allocation and HAP renewal funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to HACP may not be used for EHV administrative expenses or the other EHV eligible expenses under this notice. Likewise, EHV administrative fees and funding obligated to HACP are to be used for those purposes and must not be used for HAP.

The appropriated funds for EHVs are separate from the regular HCV program and may not be used for the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs. EHV funding may not be used for the repayment of debts or any amounts owed to HUD by HUD program participants Formatted: Line spacing: 1.5 lines
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including, but not limited to, those resulting from Office of Inspector General (OIG), Quality Assurance Division (QAD), or other monitoring review findings.

HACP must comply with EHV reporting requirements in the Voucher Management System (VMS) and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15.

HACP must maintain complete and accurate accounts and other records for the program and provide HUD and the Comptroller General of the United States full and free access to all accounts and records that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24 CFR 982.158.

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PART VI: STABILITY VOUCHER PROGRAM
19-VI.A. PROGRAM OVERVIEW [Notice PIH 2022-24]
The Consolidated Appropriations Act, 2021 (Public Law 116-260) (2021 Act) provided new incremental funding for voucher assistance through Stability Vouchers (SVs) for households who are:
• Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a));
• At-risk of homelessness;
• Those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, or human trafficking; and
• Veterans and families that include a veteran family member that meet one of the above criteria.

HUD may waive certain statutory and regulatory provisions to administer the SVs (except for requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards and the environment) upon a finding that any such waivers or alternative requirements are necessary to facilitate the use of funds made available for SVs. Unless expressly waived below, all statutory and regulatory requirements and HUD directives regarding the HCV program are applicable to SVs, including the use of all HUD required contracts and other forms. A PHA may request additional good cause regulatory waivers as established in Notice PIH 2018-16 in connection with the use of the SVs, which HUD will consider and assess upon the request of the PHA. 19-VI.B. PARTNERING ORGANIZATION [Notice PIH 2022-24]
SV funding is only awarded to PHAs that partner with eligible Continuums of Care (CoCs) or other entities that serve the targeted population, such as Victim Service Providers (VSPs) and Veteran Service Organizations (VSOs) serving the targeted population in the PHA’s jurisdiction to implement coordinated approaches to reduce the prevalence of homelessness, improve service engagement, and promote housing stability while ensuring geographical need of assistance.

The PHA must enter into a Memorandum of Understanding (MOU) with the CoC to establish a partnership with the CoC to pair SVs with CoC-funded supportive services, and to collaborate with the CoC and other stakeholders to develop a prioritization plan for these vouchers.

HACP Policy:

HACP does not participate in this program. However, if awarded 856
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special funding under this program, the HACP would enter into an MOU with the following partnering organization [insert names of CoC, VSP, and/or VSO]. See Exhibit 19-3 for a copy of the MOU.
19-VI.C. REFERRALS [Notice PIH 2022-24]
In general, families are issued SVs as the result of either:
• The direct referral process from the CoC or other partnering organizations; or • A situation where the PHA makes an SV available in order to facilitate an emergency transfer for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking.

CoC Referrals
The primary responsibility of the CoC under the MOU is to make direct referrals of qualifying individuals and families to the PHA and to identify any CoC-funded available supportive services that may be paired with SVs.

The CoC or other partnering agency must certify that the SV applicants they refer to the PHA meet the definition of a qualifying individual or family for SV assistance.

The referring agency must provide documentation to the PHA of the referring agency’s verification that the family meets one of the four eligible categories for SV assistance. The PHA must retain this documentation as part of the family’s file.

HACP Policy:

HACP does not participate in this program. However, if awarded special funding under this program, the CoC or partnering agency must establish and implement a system to identify SV-eligible individuals and families within the agency’s caseload and make referrals to the PHA.

The CoC or other partnering agency must certify that the SV applicants they refer to the PHA meet SV eligibility criteria. The PHA will maintain a copy of the referral or certification from the CoC or other partnering agency in the participant’s file along with other eligibility paperwork.

Homeless service providers may, but are not required to, use the certification form found in Exhibit 19-1 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit 19-2 of this chapter when identifying eligible families who qualify as victims of human trafficking.

As part of the MOU, the PHA and CoC or other partnering agency will identify staff positions to serve as lead SV liaisons. These positions will be 857
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responsible for transmission and acceptance of referrals. The CoC or partnering agency must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner.

The PHA liaison responsible for acceptance of referrals will contact the CoC or partnering agency liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. No more than five business days from the date the CoC or partnering agency receives this notification, the CoC or partnering agency liaison will provide the PHA with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are SV-eligible.

Referrals from Outside the CoC
The PHA must also take direct referrals from outside the CoC process if:
• The CoC does not have a sufficient number of eligible families to refer to the PHA; or
• The CoC does not identify families that may be eligible for SV assistance because they are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking.

If a direct referral is taken from outside of the CoC, the PHA must enter into a partnership to receive direct referrals from another entity, assuming there are such additional organizations that can certify that an individual or family is eligible for an SV.

The PHA must enter into an MOU with a partnering referral agency or may add the partnering referral agency to the MOU between the PHA and CoC.

19-VI.D. WAITING LIST [Notice PIH 2022-24]
HCV Waiting List
The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the SV program. Direct referrals are not added to the PHA’s HCV waiting list.

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by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2022-24.

HACP Policy:

HACP does not participate in this program. However, if awarded special funding under this program, the HACP would post information about the SV program for families on the HACP’s HCV waiting list on their website. The notice will:

Describe the eligible populations to which SVs are limited.

Clearly state that the availability of these SVs is managed through a direct referral process.

Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for SV assistance.

The HACP would ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication- related disabilities in accordance with Chapter 2. The HACP would also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2.

SV Waiting List
The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the SV program.

Instead, when the number of applicants referred by the CoC or partnering agency exceeds the SVs available, the PHA must maintain a separate waiting list for SV referrals. Upon turnover, SV vouchers must continue to remain available for eligible families.

Further, the SV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the number of referrals and the size of the SV waiting list.

HCV Waiting List Preferences
If local preferences are established by the PHA for HCV in Chapter 4, they do not apply to SVs. However, if the PHA has a homelessness preference or a preference for survivors of domestic violence, dating violence, sexual assault, stalking, or human trafficking for the regular HCV program, the PHA must refer any applicant on the waiting list that indicated they qualified for this preference to the CoC, or the applicable partnering referral agency.
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HACP Policy:

HACP does not participate in this program. However, the PHA does not offer either a homelessness or VAWA preference for the HCV waiting list.

SV Waiting List Preferences
With the exception of a residency preference, which may not be applied to the PHA’s SV waiting list, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for SVs, or may simply choose to not establish any local preferences for the SV waiting list. The preference system may not prohibit SV admissions from any of the four qualifying categories of eligibility.

HACP Policy:

HACP does not participate in this program. However, No local preferences have been established for the SV waiting list. 19-VI.E. FAMILY ELIGIBILITY [Notice PIH 2022-24]
Referring Agency Determination of Eligibility
The CoC or referring agency determines whether the individual or family meets any one of the eligibility criteria described in Notice PIH 2022-24 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the SV program and outlined below.

In order to be eligible for an SV, a household must meet one of four eligibility criteria:
• Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)) and 24 CFR 578.3;
• At-risk of homelessness as defined in 24 CFR 5.78.3;
• Those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, or human trafficking; and
• Veterans [as defined in 38 U.S.C. 101(2); 38 CFR 3.1(d)] and families that include a veteran family member that meet one of the above criteria.

Mandatory Denials
HUD waived 24 CFR 982.552 and 982.553 in part for the SV applicants and 860
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established alternative requirements for mandatory and permissive prohibitions of admissions. Except where applicable, PHA policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for eligibility for an SV. Instead, the SV alternative requirement listed in this section will apply to all SV applicants.

The mandatory and permissive prohibitions listed in Notice PIH 2022-24 and in this chapter, however, apply only when screening the individual or family for eligibility for an SV. When adding a family member after the family has been placed under a HAP contract with SV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so.

Under alternative requirements for the SV program, mandatory denials for SV applicants include:
• 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing.
• 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program.

The PHA will also deny assistance to household members already receiving assistance from another program.

The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited SV grounds for denial of admission first.

HACP Policy:

HACP does not participate in this program. However, while the HACP will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, the PHA will first notify the family of the limited SV grounds for denial of admission as part of the notice of denial that will be mailed to the family.

Permissive Denial
Notice PIH 2022-24 lists permissive prohibitions for which the PHA may, but 861
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is not required to, deny admission to SV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for SV families.

If the PHA intends to establish permissive prohibition policies for SV applicants, the PHA must first consult with its CoC partner to understand the impact that the proposed prohibitions may have on referrals and must take the CoC’s recommendations into consideration.

HACP Policy:

HACP does not participate in this program. N/A In consultation with the CoC, the PHA will apply permissive prohibition to the screening of SV applicants. Determinations using permissive prohibitions will be made based on an individualized assessment of relevant mitigating information in accordance with policies in Section 3-III.E. of the administrative plan.

The PHA will establish the following permissive prohibitions:

If the PHA determines that any household member is currently engaged in, or has engaged in within the previous 12 months:

Violent criminal activity
Other criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other
residents or persons residing in the immediate vicinity If any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program within the previous 12 months.

If the family engaged in or threatened abusive or violent behavior toward PHA personnel within the previous 12 months.

Prohibitions based on criminal activity for the eligible SV populations regarding drug possession will be considered apart from criminal activity against persons (i.e., violent criminal activity).

In compliance with PIH 2022-24, the PHA will not deny an SV applicant admission regardless of whether:

Any member of the family has been evicted from federally assisted housing in the last five years
A PHA has ever terminated assistance under the program for any member of the family
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The family 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 family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease
The family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA
The family would otherwise be prohibited admission under alcohol abuse standards established by the PHA in accordance with 24 CFR 982.553(a)(3)
The PHA determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug-related criminal activity
Self-Certification of Income at Admission
The requirement to obtain third-party verification of income in accordance with Notice PIH 2018-18 does not apply to the SV program applicants at admission, and alternatively, PHAs may consider self-certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to SV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination.

Additionally, applicants may provide third-party documentation that represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request.

HACP Policy:

HACP does not participate in this program. N/A Any documents used for verification must be the original (not photocopies) and dated within the 60-day period prior to admission. The documents must not be damaged, altered, or in any way illegible.

Printouts from webpages are considered original documents.

Any family self-certifications must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified.

The PHA will incorporate additional procedures to remind families of the obligation to provide true and complete information in accordance with 863
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Chapter 14. The PHA will address any material discrepancies (i.e., unreported income or a substantial difference in reported income) that may arise later. The PHA may, but is not required to, offer the family a repayment agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, the PHA will terminate the family’s assistance in accordance with the policies in Chapter 12.

Recently Conducted Income Determinations
PHAs may accept income calculations and verifications from third-party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as:
• The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and
• The family certifies there has been no change in income or family composition in the interim.

HACP Policy:

HACP does not participate in this program. N/A - The PHA will accept income calculations and verifications from third-party providers provided they meet the criteria outlined above.

The family certification must be made in a format acceptable to the PHA and must be signed by all adult family members whose information or status is being verified.

At the time of the family’s annual reexamination, the PHA must conduct the annual reexamination of income as outlined at 24 CFR 982.516 and the PHA policies in Chapter 11.

EIV Income Validation
Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA must:
• Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate family-reported income within 90 days of the PIC submission date;
• Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and
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• Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report dates.

Prior to admission, PHAs must continue to use HUD’s EIV system to search for all household members using the Existing Tenant Search in accordance with PHA policies in Chapter 3.

If a PHA later determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program in accordance with Chapter 12.

Social Security Number and Citizenship Status Verification For the SV program, the PHA is not required to obtain and verify SSN documentation and documentation evidencing eligible noncitizen status before admitting the family to the SV program. Instead, PHAs may adopt policies to admit SV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. As an alternative requirement, such individuals must provide the required documentation within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program.

HACP Policy:

HACP does not participate in this program. N/A -The PHA will admit SV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12.

Age and Disability Verifications
PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the 865
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PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV.

If a PHA determines that an ineligible family received assistance, the PHA must take steps to terminate that family from the program.

HACP Policy:

HACP does not participate in this program. N/A The PHA will accept self-certification of date of birth and disability status if a higher form of verification is not immediately available. The certification must be made in a format acceptable to the PHA and must be signed by the family member whose information or status is being verified. If self-certification is accepted, within 90 days of admission, the PHA will verify the information in EIV or through other third-party verification if the information is not available in EIV. The PHA will note the family’s file that self-certification was used as initial verification and include an EIV printout or other third- party verification confirming the applicant’s date of birth and/or disability status.

If the PHA determines that an ineligible family received assistance, the PHA will take steps to terminate that family from the program in accordance with policies in Chapter 12.

Income Targeting
The PHA must determine income eligibility for SV families in accordance with 24 CFR 982.201 and PHA policy in Chapter 3; however, income targeting requirements do not apply for SV families. The PHA may still choose to include the admission of extremely low-income SV families in its income targeting numbers for the fiscal year in which these families are admitted.

HACP Policy:

HACP does not participate in this program. N/A - The PHA will not include the admission of extremely low-income SV families in its income targeting numbers for the fiscal year in which these families are admitted. 19-VI.F. HOUSING SEARCH AND LEASING
Initial Voucher Term
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PHA policies on extensions as outlined in Section 5-II.E. will apply.

HACP Policy:

HACP does not participate in this program. However, if awarded special funding under this program, all SVs will have an initial term of 120 calendar days.

The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the PHA grants an extension.

Pre-Inspections
To expedite the leasing process, PHAs may pre-inspect available units that SV families may be interested in leasing in order to maintain a pool of eligible units.

HACP Policy:

HACP does not participate in this program. N/A - To expedite the leasing process, the PHA may pre-inspect available units that SV families may be interested in leasing to maintain a pool of eligible units. If an SV family selects a unit that passed a pre-inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The family will be free to select his or her unit.

When a pre-inspected unit is not selected, the PHA will make every effort to fast-track the inspection process, including adjusting the normal inspection schedule for any required reinspections.

Initial Lease Term
Unlike in the standard the HCV program, SV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy.

Portability
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to SVs. Exceptions are addressed below. • Under SV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.
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• A receiving PHA cannot refuse to assist an incoming SV family, regardless of whether the PHA administers SVs under its own ACC.
• If the SV family moves under portability to another PHA that administers SVs under its own ACC:
- The receiving PHA may only absorb the incoming SV family with an SV (assuming it has an SV voucher available to do so).
- If the PHA does not have an SV available to absorb the family, it must bill the initial PHA. The receiving PHA must allow the family to lease the unit with SV assistance and may not absorb the family with a regular HCV when the family leases the unit.
- Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s SV assistance, the SV administration of the voucher is in accordance with the receiving PHA’s SV policies.
• If the SV family moves under portability to another PHA that does not administer SVs under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA.

Family Briefing
In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability works and how portability may affect the family’s assistance, the initial PHA must inform the family how portability may impact the special SV services and assistance that may be available to the family.

The initial PHA is required to help facilitate the family’s portability move to the receiving PHA and inform the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP).

HACP Policy:

HACP does not participate in this program. N/A - In addition to following PHA policy on briefings in Chapter 5, as part of the briefing packet for SV families, the PHA will include a written notice that the PHA will assist the family with moves under portability.

For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA’s LEP plan (See Chapter 2).
19-VI.G. PAYMENT STANDARDS
Overview
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For the SV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for SVs. Lower SV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the SV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate SV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below.

Further, if the PHA chooses to establish higher payments standards for SVs, HUD has provided other regulatory waivers:
• Defining the “basic range” for payment standards as between 90 and 120 percent of the published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent).
• Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area above the basic range for the metropolitan FMR based on the HUD-published SAFMRs. The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area.

The exception payment standard must apply to the entire ZIP code area.

HACP Policy:

HACP does not participate in this program. N/A - The PHA will not establish a higher payment standard amount for SVs. The PHA will use the same payment standards for HCV and SV.

All rent reasonableness requirements apply to SV units, regardless of whether the PHA has established an alternative or exception SV payment standard.

Increases in Payment Standards
The requirement that the PHA apply increased payment standards at the family’s first regular recertification on or after the effective date of the increase does not apply to SV. The PHA may, but is not required to, establish an alternative policy on when to apply the increased payment standard, provided the increased payment standard is used to calculate the HAP no later than the effective date of the family’s first regular reexamination following the change.

HACP Policy:

HACP does not participate in this program. N/A - The PHA will not establish an alternative policy for increases in the payment standard. PHA policy in Section 11-III.B. governing increases in payment standards will 869
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apply to SVs.
19-VI.H. PROJECT-BASED UNITS
All tenant-based SV awards can be converted to Project-Based Vouchers (PBV) at any time after award without HUD approval provided all the established PBV regulations and requirements are followed.

All PBV requirements in 24 CFR Part 983 and in Chapter 17 apply to project- based SVs with the exception of 24 CFR 983.251(c)(1), which requires PHAs to select families for project-based units from its HCV or PBV waiting list. HUD is waiving this requirement and establishing an alternative requirement that PHAs receive SV referrals from CoC partners for vouchers as well as project-based assistance.
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EXHIBIT 19-1: SAMPLE STABILITY VOUCHER (SV)
HOMELESS PROVIDER’S CERTIFICATION
Stability Voucher (SV)

HOMELESS CERTIFICATION
SV Applicant Name:
___________________________________________________________ _
☐ Household without dependent children (complete one form for each adult in the household)
☐ Household with dependent children (complete one form for household) Number of persons in the household: ______________
This is to certify that the above named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situation Check only one box and complete only that section
Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks)
☐ The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or campground.

Description of current living situation:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________
Homeless Street Outreach Program Name:
___________________________________________ This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc. 871
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Authorized Agency Representative Signature:
________________________________________
Date: _______________________________

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Living Situation: Emergency Shelter
☐ The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows:

Emergency Shelter Program Name:
_________________________________________________
This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to the U.S. Department of Housing and Urban Development (HUD) or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter).

Authorized Agency Representative Signature:
________________________________________
Date: ________________________________

Living Situation: Recently Homeless
☐ The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (e.g., households in rapid rehousing programs, residents of permanent supportive housing programs participating in Moving On, etc.)
Authorized Agency Representative Signature:
________________________________________
Date: ________________________________
This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:
☐ Emergency shelter OR ☐ A place unfit for human habitation Authorized Agency Representative Signature:
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________________________________________
Date: ________________________________
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EXHIBIT 19-2: SAMPLE VICTIM SERVICE PROVIDER’S CERTIFICATION Stability Voucher (SV)

SAMPLE CERTIFICATION FOR SURVIVORS OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND/OR HUMAN

TRAFFICKING
Use of this Optional Form:

Service providers may utilize this form to certify a family’s eligibility for SV to document households who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, and/or human trafficking. In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for the U.S. Department of Housing and Urban Development’s (HUD) Stability Voucher program.

Confidentiality:

All information provided during the referral process concerning the incident(s) of domestic violence, dating violence, dating violence, sexual assault, stalking, and human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.

TO BE COMPLETED ON BEHALF OF SURVIVORS OF DOMESTIC

VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND/OR

HUMAN TRAFFICKING
SV Applicant Name:
____________________________________________________________ The applicant named above is a survivor of (please check from the list all that apply):
☐ Domestic Violence
☐ Dating Violence
☐ Sexual Assault
☐ Stalking
☐ Human Trafficking
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This certifies that the above named individual or household meets the definition for persons who are fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking and/or human trafficking as these terms are defined under 34 U.S.C. Section 12291 of the Violence Against Women Act1 and 22 U.S.C. Section 7102(11) of the Trafficking Victims Protection Act.2 I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Authorized Agency Representative Signature:
________________________________________
Date: ________________________________

1 The Violence Against Women Act protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation. 2 The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other federally-funded social service programs available to assist victims in rebuilding their lives. 876
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EXHIBIT 19-3: SAMPLE SV MEMORANDUM OF UNDERSTANDING1
[** This sample document demonstrates the Memorandum of Understanding requirements for the administration of Stability Vouchers. Unless otherwise noted, all elements are required. **]
Memorandum of Understanding – Stability Vouchers
This Memorandum of Understanding (MOU) has been created and entered on [Insert execution date] by [insert PHA name and address] and [insert CoC/VSP name and address].

I. Introduction and Goals
The [insert PHA name] and [insert CoC/VSP name] through the Stability Voucher (SV) Program seek to prevent and end homelessness among individuals and families who are experiencing or at-risk of homelessness, those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, and human trafficking, and veterans and families that include a veteran family member that meets one of the proceeding criteria.

The Consolidated Appropriations Act, 2021 (Public Law 116-260) (2021 Act), makes available $43,343,000 for new incremental voucher assistance under Section 8(o) of the United States Housing Act of 1937 for use by individuals and families experiencing or at-risk of homelessness; those fleeing or attempting to flee domestic violence, dating violence, sexual assault, and stalking; and veterans and families that include a veteran family member that meets one of the proceeding criteria.

The Further Consolidated Appropriations Act, 2022 (Public Law 117-103 (2022 Act) further provides that HUD may waive certain statutory and regulatory provisions to administer the SVs (except for requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards and the environment) upon a finding that any such waivers or alternative requirements are necessary to facilitate the use of funds made available for SVs.

This Memorandum of Understanding (MOU) outlines the collaboration and commitment between [insert PHA name] and [insert CoC/VSP name] to pair Stability Vouchers with CoC-funded supportive services; and to collaborate with the CoC/VSP and other stakeholders to develop a prioritization plan for these

1 If PHA policy in Section 19-VI.B. of this administrative plan states that a copy of the MOU will be attached at the end of this chapter as Exhibit 19-3, you may either fill in the language shown here or replace the text with the PHA’s own MOU, then delete the word sample. If the PHA does not wish to attach its own MOU to the chapter, this statement should be removed from the policy in Section 19-VI.B.
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vouchers.

Lead Agency Liaisons:

Name and title of PHA staff position:

Name and title CoC and/or VSP staff position:
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II. Individuals and Families Eligibility under the Qualifying Categories In order to be eligible for an SV, an individual or family must meet one of four eligibility categories:
• Homeless
• At risk of homelessness
• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking
• Veterans
III. SV Roles and Responsibilities
A. PHA Roles and Responsibilities [**The following responsibilities are listed for example purposes. **]

1. Coordinate and consult with the CoC in developing the services and assistance to be offered under the SV services fee.

2. Accept direct referrals for eligible individuals and families through the CoC Coordinated Entry System.

3. Commit a sufficient number of staff and necessary resources to ensure that the application, certification, and voucher issuance processes are completed in a timely manner.

4. Commit a sufficient number of staff and resources to ensure that inspections of units are completed in a timely manner.

5. Designate a staff to serve as the lead SV liaison.

6. Comply with the provisions of this MOU.

B. CoC Roles and Responsibilities [**The following responsibilities are listed for example purposes. **]

1. Designate and maintain a lead SV liaison to communicate with the PHA.

2. Refer eligible individuals and families to PHA using the community’s coordinated entry system.

3. Support eligible individuals and households in completing and applying for supportive documentation to accompany admissions application to the PHA (i.e., self-certifications, birth certificate, social security card, etc.).

4. Attend SV participant briefings when needed.
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5. Assess all households referred for SV for mainstream benefits and supportive services available to support eligible individuals and families through their transition.

6. Identify and provide supportive services to SV families. (While SV participants are not required to participate in services, the CoC should assure that services are available and accessible.)

7. Comply with the provisions of this MOU.

IV. CoC-funded supportive services that will be paired with SVs CoCs are encouraged to outline any existing partnerships with health and behavioral health care providers and agencies, state Medicaid agencies and agencies and organizations that may be leveraged to provide ongoing tenancy and wrap-around supportive services for those that may benefit from such services to maintain housing stability. All services provided by the CoC must be outlined in the MOU with the CoC and should demonstrate the community’s strategy to coordinate assistance through available resources. HUD recommends that PHAs and partnering CoCs seek a diverse range of supportive services by partnering with organizations trusted by people experiencing homelessness.

V. PHA Adopted Waivers and Alternative Requirements
Notice PIH 2022-24 provides [insert PHA name] with authority to adopt certain statutory and regulatory requirements and alternative requirements for Stability Vouchers. [insert PHA name] and [insert CoC/VSP name] have agreed to adopt the following waivers and alternative requirements:
[List all waivers and alternative requirements discussed, agreed upon by the PHA and CoC for the administration of SVs]
VI. PHA Permissive Prohibition Policies agreed upon by the PHA and CoC [Insert PHA name] in consultation with [insert CoC/VSP name] have agreed to adopt the following permissive prohibitions for the Stability Voucher program:
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VII. Program Evaluation
[Insert PHA name] and [insert CoC /VSP] agree to cooperate with HUD, provide requested data to HUD or HUD-approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD- approved contractor.

Signed By:
________________________________________ ____________________ Public Housing Agency Executive Director Date ________________________________________ ____________________ CoC/VSP Executive Director _____________________
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End
of
Of

Administrative Plan

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GLOSSARY
A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV)

PROGRAM
AAF - Annual Adjustment Factor (published by HUD in the Federal Register and used to compute annual rent adjustments)

ACC Annual Contributions Contract

ADA Americans with Disabilities Act of 18
90 AIDS Acquired immune deficiency syndrome.

BR Bedroom

CDBG Community Development Block Grant (Program)

CES Coordinated Entry System

CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”)

CoC Continuum of Care

CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator)

RAD Rental Assistance Demonstration Program

EHV Emergency Housing Vouchers

EID Earned income disallowance.

EIV Enterprise Income Verification

EV – Enhanced Voucher

FDIC Federal Deposit Insurance Corporation

FHA Federal Housing Administration (HUD Office of Housing)

FHEO Fair Housing and Equal Opportunity (HUD Office of)

FICA Federal Insurance Contributions Act (established Social Security taxes)

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FMR Fair Market Rent

FR Federal Register

FSS Family Self-Sufficiency (Program)

FY Fiscal year

FYE Fiscal year end

GAO Government Accountability Office

GR Gross rent

HA Housing Authority or housing agency.

HAP Housing Assistance Payment

HCV Housing choice voucher

HQSHIP Housing quality standards Information Portal
HOTMA Housing Opportunity through Modernization Act of 2016 HQS – Housing Quality Standards

NSPIRE National Standards for the Physical Inspection of Real Estate

HUD Department of Housing and Urban Development

HUDCLIPS HUD Client Information and Policy System
IPA Independent public accountant

IRA Individual retirement account

IRS Internal Revenue Service

IVT Income Validation Tool

JTPA Job Training Partnership Act

LBP Lead-based paint

LEP Limited English Proficiency

MSA Metropolitan statistical area (established by the U.S. Census Bureau) Formatted: Font: Bold
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MS5 Mainstream Vouchers

MTCS Multi-family Tenant Characteristics System (now the Form HUD-50058 submodule of the PIC system)

MTW Moving to Work

NOFA Notice of funding availability
NSPIRE National Standards for the Physical Inspection of Real Estate

OGC HUD's Office of General Counsel

OIG HUD’s Office of Inspector General

OMB Office of Management and Budget

PASS Plan to Achieve Self-Support
PBV Project-based voucher

PHA Public housing agency

PIC PIH Information Center

PIH (HUD Office of) Public and
Indian Housing

PS Payment standard

QC Quality control

RAD Rental Assistance Demonstration Program

REAC (HUD) Real Estate Assessment Center

RFP Request for proposals

RFTA Request for tenancy approval
RVI Remote Video Inspection

RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level)

SEMAP Section 8 Management Assessment Program

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Formatted: Font: Not Bold
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SRO Single room occupancy

SSA Social Security Administration

SSI Supplemental security income

SWICA State wage information collection agency

TANF Temporary assistance for needy families

TPV Tenant protection vouchers

TR Tenant rentRent

TTP Total tenant
payment UA Utility allowance

UFAS Uniform Federal Accessibility Standards

UIV Upfront income verification

URP Utility reimbursement payment

VASH Veterans Affairs Supportive Housing

VAWA Violence Against Women Reauthorization Act of 2013 VCA Voluntary Compliance Agreement
VMS Voucher Management System

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GLOSSARY OF SUBSIDIZED HOUSING TERMS:

Absorption. In portability (under subpart H of this part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC.

Accessible
. The facility or portion of the facility can be approached, entered, and used by persons with disabilities.

Adjusted income. Annual income, less allowable HUD deductions and allowances.

Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152.

Administrative plan. The plan that describes PHA policies for administration of the tenant-based programs. The Administrative Plan and any revisions must be approved by the PHA’s board and included as a supporting document to the PHA Plan. See §982.54.

Admission. The point when the family becomes a participant in the program.

The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant-based program.

Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual.

Amortization payment.

In a manufactured home space rental: The monthly debt
service payment by the family to amortize the purchase price of the manufactured home.

Annual. Happening once a year.

Annual Contributions Contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1837 Act, and the PHA agrees to comply with HUD requirements for the program.

Annual income. The anticipated total income of an eligible family from all sources for the 12-month period following the date of determination of income, computed in accordance with the regulationsAll amounts not specifically excluded in 24 CFR 5.609(b), received from all sources by each member of the 887
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family who is 18 years of age or older or is the head of household, spouse or cohead, plus unearned income by or on behalf of each dependent who is under 18 years of age.

Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program.

Area exception rent.

An amount that exceeds the published FMR. See 24 CFR
982.504(b).

As-paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs.

Assets. (See net family assets.)

Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance.

Biennial. Happening every two years.

Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.

Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment.

Child. A member of the family other than the family head or spouse who is under 18 years of age.

Childcare expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further their education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of child carechildcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.

Citizen. A citizen or national of the United States.

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Cohead. An individual in the household who is equally responsible for the lease with the head of household. A family may have a cohead or spouse but not both.

A cohead never qualifies as a dependent. The cohead must have legal capacity to enter into a lease.

Common space. In shared housing, the space available for use by the assisted family and other occupants of the unit.

Computer match. The automated comparison of databases containing records about individuals.

Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA.

Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from self-employment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits.

Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQSNSPIRE for congregate housing. A special housing type: see 24 CFR 982.606–609.

Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located.

Continuously assisted. An applicant is continuously assisted under the 1837 Act if the family is already receiving assistance under any 1837 Housing Act program when the family is admitted to the voucher program.

Contract authority. The maximum annual payment by HUD to a PHA for a funding increment.

Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type (see 24 CFR 982.618).

Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a 889
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welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which federal, state or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance.

Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship Day laborer. An individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future.

De minimis error. An error that results in a difference in the determination of a family’s adjusted income of $30 or less per month.

Dependent. A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student.

Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above.

Disability assistance expenses. Reasonable expenses that when combined with health and medical care expenses, exceed 10 percent of annual income and are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.

Disabled family. A family whose head, cohead, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.

Disabled person. See person with disabilities.

Disallowance. Exclusion from annual income.

Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been 890
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extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.

Domestic violence. . Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouseintimate partner of the victim under the family or domestic or family violence laws of the jurisdiction receiving grant monies,funding, and in the case of victim services, includes the user or by any other person against an adultattempted use of physical abuse or youth victim who is protected from that person’s acts under the domesticsexual abuse, or family violence lawsa pattern of the jurisdiction. any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is:
- The current or former spouse or intimate partner of the victim, or person similarly situated to a spouse or intimate partner of the victim. - A person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner.
- A person with whom the victim shares a child in common. - A person who commits acts against a youth or adult victim who is protected from those acts under the domestic or family violence laws of the jurisdiction.

Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law.

Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.

Earned income. Income or earnings from wages, tips, salaries, other employee compensation, and net income from self-employment. Earned income does not include any pension or annuity, transfer payments (meaning payments made or income received in which no goods or services are being paid for, such as welfare, social security, and governmental subsidies for certain benefits), or any cash or in-kind benefits.

Economic self-sufficiency program. Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, Formatted: Bodywide, Space Before: 6 pt, Keep lines
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financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).

Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides.

Elderly person. An individual who is at least 62 years of age.

Eligible family A family that is income eligible and meets the other requirements of the 1837 Act and Part 5 of 24 CFR. See also family.

Employer Identification Number (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation.

Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. See 24 CFR

5.508(b).

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 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. See 24 CFR 5.603.

Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other real or personal property or interest in the property.

Fair Housing Act. Title VIII of the Civil Rights Act of 1868, as amended by the Fair Housing Amendments Act of 1888.

Fair Market Rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR Part 888.
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Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy.
- Family includes 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 Family also includes a group of persons residing together, and such group includes, but is not limited to:
- A family with or without children (the temporary absence of a child who is temporarily away from the home due tobecause of placement in foster care is not considered in determining a member of the family composition and ); - An elderly family size) ;
- - An A near-elderly family or a near-elderly ;
- A disabled family ;
- - A displaced family ; and
- The remaining member of a tenant family
- - A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.

Family rent to owner. In the voucher program, the portion of rent to owner paid by the family.

Family Self-Sufficiency program (FSS program). The program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the coordination of supportive services to these families (24 CFR 984.103).

Family share. The portion of rent and utilities paid by the family. For calculation of family share, see 24 CFR 982.515(a).

Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA under the PHA subsidy standards.

Federal agency. A department of the executive branch of the federal government.

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Foster adult. 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.

Foster child. 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.

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Foster childcare payment. A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children.

Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). See 24 CFR 5.603.

Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program.

Gender identity. Actual or perceived gender-related characteristics.

Gross Contract Rent. The sum of the rent to owner plus any utility allowance.

Group home. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). (A special housing type: see 24 CFR 982.610–614.)

Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.)

HAP Contract. The housing assistance payments contract. A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family.

Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.

Health and medical care expenses. Any costs incurred in the diagnosis, cure, mitigation, treatment, or prevention of disease or payments for treatments affecting any structure or function of the body. Health and medical care expenses include medical insurance premiums and long-term care premiums that are paid or anticipated during the period for which annual income is computed.

Household. A household includes additional people other than the family who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.

Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the Formatted: Bodywide, Space Before: 6 pt, Adjust space
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family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner.

Housing Agency (HA). See public housing agency.

Housing quality standardsQuality Standards (HQS). The HUD minimum quality standards for housing assisted under the voucher program. Soon to be replaced by NSPIRE

HUD. The U.S. Department of Housing and Urban Development.

Human trafficking. A crime involving the exploitation of a person for labor, services, or commercial sex. The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations recognize and define two primary forms of human trafficking:
- Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. See 22 U.S.C. § 7102(11)(A). - Forced labor is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. See 22 U.S.C. § 7102(11)(B).

Imputed asset. An asset disposed of for less than fair market value during the two years preceding examination or reexamination.

Imputed asset income. The PHA-established passbook rate multiplied by the total cash value of assets. The calculation is used when net family assets exceed $5,000.

Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction but is included in the family’s annual income and therefore reflected in the family’s rental contribution.

Income. Income from all sources of each member of the household, as determined in accordance with criteria established by HUD.

Income for eligibility. Annual income.

Income information means information relating to an individual’s income, including:

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- All employment income information known to current or previous employers or other income sources.
- All information about wages, as defined in the state's unemployment compensation law, including any social security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, employer identification number of an employer reporting wages under a state unemployment compensation law.
- Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period receive. - Unearned IRS income and self-employment, wages, and retirement income. - Wage, social security, and supplemental security income data obtained from the Social Security Administration.

Independent contractor. An individual who qualifies as an independent contractor instead of an employee in accordance with the Internal Revenue Code Federal income tax requirements and whose earnings are consequently subject to the Self-Employment Tax. In general, an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

Individual with handicaps. See person with disabilities.

Inflationary index. An index based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) used to make annual adjustments to the deduction for elderly disabled families, the cap for imputing returns on assets, the restriction on net family assets, the amount of net assets the PHA may determine based on self-certification by the family, and the dependent deduction.

Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.

Initial payment standard. The payment standard at the beginning of the HAP contract term.

Initial rent to owner. The rent to owner at the beginning of the HAP contract term.

Inside. Under NSPIRE, the inside of HUD housing (or “inside areas”) refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. Examples of “inside” common areas may include, basements, interior or attached garages, enclosed Formatted: Font: Bold, Italic
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carports, restrooms, closets, utility rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs, shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed balconies, and trash collection areas. Examples of building systems include those components that provide domestic water such as pipes, electricity, elevators, emergency power, fire protection, HVAC, and sanitary services.

Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan.

Jurisdiction. The area in which the PHA has authority under state and local law to administer the program.

Landlord. Either the owner of the property or their representative, or the managing agent or their representative, as shall be designated by the owner.

Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the PHA.

Life Threatening deficiency. Under NSPIRE, the life-threatening category includes deficiencies that, if evident in the home or on the property, present a high risk of death or severe illness or injury to a resident.

Live-in aide. A person who resides with one or more elderly persons, or near- elderly persons, or persons with disabilities, and who:
- Is determined to be essential to the care and well-being of the persons. - Is not obligated for the support of the persons; and
- Would not be living in the unit except to provide the necessary supportive services.

Living/sleeping room. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least one window and two electrical outlets in proper operating condition. See HCV GB p. 10-6 and 24 CFR 982.401.

Local preference. A preference used by the PHA to select among applicant families.

Low deficiency. Under NSPIRE, deficiencies critical to habitability but not presenting a substantive health or safety risk to resident.

Low-income family. A family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller Formatted: Font: Not Bold, Not Italic
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or larger families, except that HUD may establish income limits higher or lower than 80 percent for areas with unusually high or low incomes.

Manufactured home. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence and meets the HQSNSPIRE. (A special housing type: see 24 CFR 982.620 and 982.621.)

Manufactured home space. In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. See 24 CFR 982.622 to 982.624.

Medical expenses. Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not covered by insurance (a deduction for elderly or disabled families only). These allowances are given when calculating adjusted income for medical expenses in excess of 3 percent of annual income.

Minor. A member of the family household other than the family head or spouse, who is under 18 years of age.

Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.

Moderate deficiency. Under NSPIRE, this includes deficiencies that, if evident in the home or on the property, present a moderate risk of an adverse medical event requiring a healthcare visit; cause temporary harm; or if left untreated, cause or worsen a chronic condition that may have long-lasting adverse health effects; or that the physical security or safety of a resident or their property could be compromised.

Monthly adjusted income. One twelfth of adjusted income.

Monthly income. One twelfth of annual income.

Mutual housing. Included in the definition of cooperative.

National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.

National Standards for the Physical Inspection of Real Estate. (NSPIRE) HUD’s housing inspection approach. NSPIRE is a single inspection standard for all units under the Public Housing, HCV, Multifamily, and Community Planning and Development (CPD) programs. NSPIRE’s focus is on the areas that impact residents the most, such as the dwelling unit.

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Near-elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.

Net family assets. (1) NetThe net cash value of all assets owned by the family, after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded.
- In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income under §5.609.
-. In determining net family assets, PHAs or owners, as applicable, shallmust include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received, therefore therefor. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms. Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets.

Noncitizen. A person who is neither a citizen nor national of the United States.

Notice Of Funding Availability (NOFA). For budget authority that HUD distributes by competitive process, the
Federal Register document that invites
applications for funding. This document explains how to apply for assistance and the criteria for awarding the funding.

Office of General Counsel (OGC). The General Counsel of HUD.

Outside. Under NSPIRE, outside of HUD housing (or “outside areas”) refers to the building site, building exterior components, and any building systems located outside of the building or unit. Examples of “outside” components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non-dwelling buildings, Formatted: Emphasis, Font: Times New Roman, 10 pt,
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and walkways. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows.

Overcrowded. A unit that does not meet the following HQS space standards: (1) Provide adequate space and security for the family; and (2) Havehave at least one bedroom or living/sleeping room for each two persons.

Owner. Any person or entity with the legal right to lease or sublease a unit to a participant.

PHA Plan.

The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.

PHA’s quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3.

Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term).

Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family).

Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such an impairment, or a person with a record of such an impairment.

Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the jurisdiction of the initial PHA.

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Premises. The building or complex in which the dwelling unit is located, including common areas and grounds.

Previously unemployed. With regard to the earned income disallowance, a person with disabilities who has earned, in the 12 months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage.

Private space
. In shared housing, the portion of a contract unit that is for the exclusive use of an assisted family.

Processing entity. The person or entity that, under any of the programs covered, is responsible for making eligibility and related determinations and any income reexamination. In the HCV program, the “processing entity” is the “responsible entity.”

Project owner.

The person or entity that owns the housing project containing the assisted dwelling unit.

Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments.

Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low- income housing under the 1837 Act.

Qualified family (under the earned income disallowance). A family participating in an applicable assisted housing program or receiving HCV assistance:
- Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment.
- Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self-sufficiency or other job training program; or
- Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as 902
Housing Authority of the City of Pittsburg

one-time payments, wage subsidies and transportation assistance-- provided that the total amount over a six-month period is at least $500.

Qualified census tract. With regard to certain tax credit units, any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent, and where the census tract is designated as a qualified census tract by HUD.

Real property. Real property has the same meaning as that provided under the law of the state in which the property is located.

Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises.

Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA’s programs or services.

Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant-based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family.

Recertification. Sometimes it is called reexamination. The process of securing documentation of total family income is used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported.

Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled).

Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for.

Residency preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area).

Residency preference area. The specified area where families must reside to qualify for a residency preference.

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Responsible entity. For the public housing and the Section 8 tenant-based assistance, project-based voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner.

Secretary. The Secretary of Housing and Urban Development.

Section 8. Section 8 of the United States Housing Act of 1837.

Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1837 Act, including Section 8 assisted housing for which loans are made under Section 202 of the Housing Act of 1859.

Section 214. Section 214 of the Housing and Community Development Act of 1880, as amended.

Section 214 covered programs. The collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500.

Security deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease.

Seasonal worker. An individual who is hired into a short-term position and the employment begins about the same time each year (such as summer or winter). Typically, the individual is hired to address seasonal demands that arise for the particular employer or industry.

Set-up charges.

In a manufactured home space rental, charges payable by the family for assembling, skirting, and anchoring the manufactured home.

Severe deficiency. Under NSPIRE, the severe category includes deficiencies that, if evident in the home or on the property, present a high risk of permanent disability, or serious injury or illness, to a resident; or the physical security or safety of a resident or their property would be seriously compromised.

Sexual assault.

Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).

Sexual orientation. Homosexuality, heterosexuality or bisexuality.

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Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. (A special housing type: see 24 CFR 982.615–982.618.)

Single person. A person living alone or intending to live alone.

Single Room Occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. (A special housing type: see 24 CFR 982.602–982.605.)

Small rural public housing agency (PHA). Section 38 defines the term “small public housing agency” as a public housing agency “for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer” and “that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.” After consideration of the public comments discussed above, HUD is interpreting “predominantly operates in a rural area” to mean a small PHA that:
(1) Has a primary administrative building with a physical address in a rural area as described in 12 CFR 1026.35(b)(2)(iv)(A); or
(2) more than 50 percent of its combined public housing units and voucher units under section 8(o) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also clarifies that voucher units under section 8(o) include those in the tenant-based Housing Choice Voucher (HCV) program and the Project-Based Voucher (PBV) program.

Social Security Number (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person’s earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.

Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant’s waiting list position.

Special housing types. See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental).

Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution.

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A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.

Spouse. The marriage partner of the head of household.

Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.

State wage information collection agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.

Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.

Suspension. The term on the family’s voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied.

This practice is also called tolling.

Tax credit rent. With regard to certain tax credit units, the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant-based voucher assistance).

Technological abuse. An act or pattern of behavior that occurs within domestic violence, dating violence, sexual assault, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another person, except as otherwise permitted by law, that occurs using any form of technology, including but not limited to:
- Internet enabled devices
- Online spaces and platforms
- Computers
- Mobile devices
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- Cameras and imaging programs
- Apps
- Location tracking devices
- Communication technologies
- Any other emergency technologies

Tenancy addendum. For the housing choice voucher program, the lease language required by HUD in the lease between the tenant and the owner.

Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.

Tenant rent to owner. See family rent to owner.

Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit.

Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.

Unit. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms.

Unearned income. Any annual income, as calculated under 24 CFR 5.609, that is not earned income.

Unit. Under NSPIRE, a unit (or “dwelling unit”) of HUD housing refers to the interior components of an individual unit. Examples of components included in the interior of a unit may include the balcony, bathroom, call-for-aid (if applicable), carbon monoxide devices, ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater, and windows.

Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included.

Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy- conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment. 907
Housing Authority of the City of Pittsburg

Utility reimbursement. In the voucher program, the portion of the housing assistance payment whichthat exceeds the amount of rent to owner.

Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.

Very low-income family. A low-income family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program.

Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.

Violence Against Women Reauthorization Act (VAWA) of 2013.). Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the applicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, or human trafficking.

Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.

Voucher (housing choice voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program.

Voucher holder. A family holding a voucher with an unexpired term (search time).

Voucher program. The housing choice voucher program.

Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available.

Waiting list admission. An admission from the PHA waiting list. 908
Housing Authority of the City of Pittsburg

Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, child carechildcare or other services for working families. For the FSS program (24 CFR 984.103), welfare assistance includes only cash maintenance payments designed to meet a family’s ongoing basic needs.

Does not include nonrecurring short term benefits designed to address individual crisis situations, work subsidies, supportive services such as child carechildcare and transportation provided to families who are employed, refundable earned income tax credits, contributions to and distributions from Individual Development Accounts under TANF, services such as counseling, case management, peer support, child carechildcare information and referral, financial empowerment, transitional services, job retention, job advancement, and other employment- related services that to not provide basic income support, amounts solely directed to meeting housing expenses, amounts for health care, Supplemental Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and child-only or non-needy TANF grants made to or on behalf of a dependent child solely on the basis of the child’s need and not the need of the child’s current non-parental caretaker.

END OF GLOSSARY
Formatted: Centered
Formatted: Font: 20 pt, Bold, Font color: Red
909

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Resolution Amending the Fiscal Year 2023-24 Budget Based on Year-End Revenue and Expenditure Projections
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
Staff has completed a Mid-Year Review of the Fiscal Year 2023-24 budget and has determined that budget adjustments are needed to meet year-end projections.

FISCAL IMPACT
The proposed amendments to the Housing Authority of the City of Pittsburg (Housing Authority) Budget for Fiscal Year 2023-24 includes an increase of $190,444 in revenue appropriations and a decrease of $96,965 in expenditure appropriations.

RECOMMENDATION
The Governing Board of the Housing Authority adopt this Resolution amending the Fiscal Year 2023-24 Budget based on year-end revenue and expenditure projections.

BACKGROUND
The Fiscal Year 2023-24 Budget was approved by the Housing Authority Board on June 19, 2023. The Budget was developed based upon information available at that time regarding anticipated revenue and expenditures for the period from July 1, 2023, through June 30, 2024. Upon completion of the first six months during the fiscal year, staff reviewed the initial Housing Authority budget to identify any adjustments needed to revenue and expenditure projections.

SUBCOMMITTEE FINDINGS
The proposed amendments to the Housing Authority Budget were not discussed in a subcommittee.
910

STAFF ANALYSIS
The table below provides an overview of projected Housing Authority revenue and expenditures for the 2023-24 fiscal year.

Revenue
The projected revenues for fiscal year 2023-24 are $23,201,928. As of February 29, 2024, $16,562,833 or 71% of the annual projected revenues had been received. Staff have projected those revenues for this fiscal year will be $190,444 over the amended budgeted amount of $23,011,484. This increase is due to receiving more HUD administrative fees and fraud recovery funds from tenant repayment agreements.

Expenditures
The projected expenditures for fiscal year 2023-24 are $22,971,408. As of February 29, 2024, $16,053,013 or 70% of the projected expenditure had been expended. Staff have projected those expenditures for this fiscal year will be $96,695 under the amended budgeted amount of $23,068,103. This decrease is due to internal service fund allocation for fleet maintenance and decreases in salary and benefit attrition savings. 911
Fund Balance
The amended budget assumed an operating loss of $(56,619) The proposed budget adjustments will create a projected operating income of $230,520.

ATTACHMENTS: Resolution
Report Prepared By: Laura Mendez, Finance Manager of Reporting Report Reviewed By: Paul Rodrigues, Finance Director
912

BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY

OF THE CITY OF PITTSBURG
In the Matter of:

Amending the Fiscal Year 2023-24 Budget ) RESOLUTION NO. 24- Based on Year-End Revenue and Expenditure)
Projections )
WHEREAS, on June 19, 2023, the Governing Board of the Housing Authority of the City of Pittsburg, adopted the Fiscal Year 2023-24 Budget (Resolution No. 23-367); and WHEREAS, the City prepares and adopts the Housing Authority Budget with the intent of providing a planned program for services and a financial system to carry out the planned program of services; and
WHEREAS, staff has completed the mid-year review of the Fiscal Year 2023-24 Budget: and
WHEREAS, it has been determined that budget adjustments are necessary to align year-end estimates with budgets; and
WHEREAS, staff recommend a $96,695 decrease to the budgeted expenditures in the Housing Choice Voucher Fund.

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Housing Authority Board of the City of Pittsburg hereby appropriates the Housing Choice Voucher Fund with a decrease in expenditure appropriations of $96,695.

BE IT FURTHER RESOLVED that the Finance Director or his/her designee is hereby authorized to approve payment of goods and services received by the Housing Authority of the City of Pittsburg in accordance with the approved budget, programs and policies.

PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting held on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Juan Antonio Banales, Chair

ATTEST:

Alice E. Evenson, Agency Secretary
913
Housing Authority Minutes 1 of 2 March 18, 2024

CITY OF PITTSBURG

HOUSING AUTHORITY MEETING MINUTES

DATE: March 18, 2024

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL.AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

CALL TO ORDER

Chair Banales called the meeting of the Housing Authority to order at 7:02 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, California.

ROLL CALL

All members were present.

PUBLIC HEARING

6. Adoption of a Housing Authority Resolution Approving the Public Housing Agency Annual Plan for 2024 and Authorizing the Executive Director to Submit the Public Housing Agency Annual Plan for 2024 to the U.S. Department of Housing and Urban Development.

On Motion by Member Floyd, seconded by Member Herring and adopted unanimously.

CONSENT CALENDAR

On Motion by Member Floyd, seconded by Member Herring and adopted unanimously.

7. Minutes of December 18, 2023.

914
Housing Authority Minutes 2 of 2 March 18, 2024

8. Adoption of a Housing Authority Minute Order Approving an Annual Report Pursuant to SB 341.

HOUSING AUTHORITY MEMBER REMARKS

There were no Housing Authority Member remarks.

ADJOURNMENT

The Housing Authority was adjourned at 8:19 P.M.

Respectfully submitted,

Alice E. Evenson, Secretary

915

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council, Pittsburg Power Company, Successor Agency for the Redevelopment Agency of the City of Pittsburg Resolutions Amending the Fiscal Year 2023-24 Budget Based on Year End Revenue and Expenditure Projections
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
Staff has completed a Mid-Year Review of the Fiscal Year 2023-24 budget and has determined that budget adjustments are necessary to meet year-end projections.

FISCAL IMPACT
The proposed amendments to the City of Pittsburg Operating Budget for Fiscal Year 2023- 24 include a decrease of $9,741,494 in revenue appropriations for all City funds ($709,042 increase in General Fund revenues, $10,277,032 decrease in Special Revenues and Debt Service, and a $173,504 decrease in Internal Service, Enterprise, and Successor Agency revenues). In addition, all Funds are projected to experience an overall decrease in expenditure appropriations of $14,440,162 over the current amended budget ($1,908,512 decrease in General Fund expenditures, $11,832,308 decrease in Special Revenue and Debt Service expenditures, and a $699,342 decrease in Internal Service, Enterprise, and Successor Agency expenditures). Note, the Capital Project funds (CIP) as well as construction costs associated with Water Operation fund were excluded.

RECOMMENDATION
The City Council, Governing Boards of the Pittsburg Power Company, Successor Agency for the Redevelopment Agency, and the SW Pittsburg Geologic Hazard Abatement District II, approve the resolutions amending the Fiscal Year 2023-24 Budget to reflect anticipated revenues and expenditures for the current fiscal year as detailed in this report.

BACKGROUND
The following Operating Budgets for fiscal year 2023-24 were approved by the respective governing bodies on June 19, 2023:
916
City of Pittsburg (City Council Resolution 23-14317)
Pittsburg Power Company (PPC Board Resolution 23-454)
Successor Agency for the City of Pittsburg Redevelopment Agency (Resolution 23-054) SW Pittsburg Geologic Hazard Abatement District II (Resolution 23-084) The budgets were developed based upon information at the time regarding anticipated revenues and expenditures from the period from July 1, 2023 through June 30, 2024. At the completion of the mid-point of the fiscal year, staff from all departments reviewed their budgets to identify any adjustments required to revenue projections and expenditure appropriations.

The goal of this mid-year analysis is to update the budget to reflect significant budget changes and to develop the financial starting point for development of the Fiscal Year 2024-25 Budget.

There are no proposed changes to expenditure appropriations for the SW Pittsburg Geologic Hazard Abatement District II.

SUBCOMMITTEE FINDINGS
The proposed budget amendments were reviewed by the Finance Subcommittee on March 15, 2024.

STAFF ANALYSIS
The information below provides an overview of projected revenues and expenditures for those City funds with projected significant variances from the budget as currently adopted.

GENERAL FUND:

The chart provides an overview of the major General Fund revenue and expenditure categories. It is projected that Fiscal Year 2023-24 General Fund revenues will exceed the budgeted amount by $905,042 and that expenditure appropriation adjustments totaling a reduction of $1,908,512 are required. While the amended budget provided for a General Fund net shortfall of $11,605,309, it is currently projected that the General Fund will end the fiscal year with a projected net shortfall of $8,791,755. Note, when excluding the Capital improvements and Project related transfers, the General Fund will end the fiscal year with a projected net surplus of $1,110,008.
917
918

REV EXP NET
GRAND TOTAL (33,930,034) (96,247,286) 62,317,252
CIP - OTHER (24,188,540) (32,100,760) 7,912,220
SUBTOTAL (9,741,494) (64,146,526) 54,405,032
CIP - WATER OPERATION - (49,706,364) 49,706,364
(Project Costs)
SUBTOTAL - OPERATING (9,741,494) (14,440,162) 4,698,668 GENERAL FUND 905,042 (1,908,512) 2,813,554
MEASURE M (111) (196,000) - (196,000)
GF SUBTOTAL 709,042 (1,908,512) 2,617,554
SPECIAL REV (10,304,356) (11,898,544) 1,594,188
DEBT SVC 27,324 66,236 (38,912)
SPEC REV & DEBT SUBTOTAL (10,277,032) (11,832,308) 1,555,276 INTERNAL SVC 190,237 1,601,946 (1,411,709)
ENTERPRISE 7,041 (1,926,932) 1,933,973
SUCCESSOR AGENCY (370,782) (374,356) 3,574
NON-GF SUBTOTAL (173,504) (699,342) 525,838
TOTAL CHANGE (9,741,494) (14,440,162) 4,698,668
NON-GF CHANGE (10,450,536) (12,531,650) 2,081,114
FY2023-24 City-wide Totals (All Funds)
919
General Fund Revenues
The Fiscal Year 2023-24 Amended Budget forecasted General Fund revenue of $60,354,163. As of March 21, 2024, the City had received $31.1 million, or 52% of the annual budgeted amount. Based upon information currently available, it is projected that General Fund revenue will total $61,259,205 by the end of the fiscal year. The anticipated additional $905,042 includes the following:

Sales Tax
The Fiscal Year 2023-24 budget projected $16.1 million. Due to unforeseen economic changes, the mid-year budget has been revised to reflect a reduction of $2.2 million, the revised total is now $13.9 million.

Property Tax
Property tax revenue was budgeted at $2.6 million. Based upon continued analysis and receipts through December 2023, it is projected that the total amount received this fiscal year will increase by about $1.3 million or 48% over the budgeted amount for a total of approximately $3.9 million.

Measure M
As with the general sales tax, the City’s local Measure M sales tax was budgeted based upon projections from the City’s sales tax consultant. Based upon activity during the first six months of the fiscal year, it is projected that revenue from the Measure M local sales tax to the General Fund will total $6.0 million, compared to the $6.2 million included in the adopted budget. While general sales taxes are projected to increase beyond amount originally budgeted, Measure M sales tax revenues are projected to decrease, primarily due to some sales being subject to point of destination versus point of sales, and revenues are received by the cities where the taxable items are received
Motor Vehicle-in-Lieu
Revenue from the Motor Vehicle-in-Lieu fee was budgeted at $6.4 million. The City is projecting revenues will increase by about $0.6 million or 9.2%.

Franchise Fees
The City’s franchise fees on cable, refuse, recycling and utilities were budgeted to generate $5.1 million in revenue this fiscal year. Based upon revenue received to date, it is projected that franchise fee revenue will exceed the budgeted amount by $65,000 or 1.0%.

Transfers-In
Transfers-in are projected to increase by $1.1 million or 10.0%, to cover projected increases in Police Services costs as well as increases in Police Department overtime and part-time costs. The increase is covered primarily by available reserves in the City’s Public Safety Community Services Districts.

Licenses and Permits
Revenue from the City’s planning, building and engineering fees are projected to total $5.9 million, a $0.6 million decrease over the budgeted amount. This decrease is offset by decreases in related expenditures.
920
General Fund Expenditures
General Fund expenditure appropriations total $71,959,472 including personnel cost. As of March 21, 2024, $53.9 million (75%) of the amended budget had been expended. Based upon a review of all departmental budgets, it is projected that General Fund expenditures will total $70,050,960 by the end of the fiscal year – a decrease of $1,908,512 over the current Amended Budget.

Non-Departmental
During development of the Fiscal Year 2023-24 budget, an estimated attrition savings of $3.5 million was budgeted under Non-Departmental items. The remainder of anticipated expenditures within the Non-Departmental budget was $1.79 million. During the mid-year revision, the attrition savings of $3.5 million was allocated amongst the Departments.

Therefore the new estimated expenditure for Non-Departmental items is approximately $5.3 million.

Transfers Out
A total of $2.9 million was budgeted in the Transfer Out line items. $2.7 million was related to the Landscape fund and the remaining $0.2 million was related to Water Department offsets. No changes were made during the mid-year review.

General Fund Working Capital Reserve Balance
The General Fund available fund balance as of June 30, 2023 was $26.9 million. The City’s General Fund continues to generate an operating surplus. Recurring revenues are expected to exceed recurring expenditures by $1,110,008. The $9,901,763 of non-operating expenditures are primarily funding capital projects.

OTHER FUNDS:

Internal Service Funds
The proposed amendments to the Internal Service Funds reflect an increase of revenue allocations from other City funds of $190,237. Retiree medical benefits paid out of the OPEB fund were originally budgeted at departmental level. The mid-year budget has moved the cost to reflect under the OPEB fund of $1,801,680.
921
Enterprise Funds
The proposed amendments to the City’s Enterprise Fund budgets resulted in a net decrease of $51,633,296, out of which $49.7 million are reductions of capital project costs.

Special Revenue Funds
The proposed budget amendments to the Special Revenue Fund group will increase the projected year-end fund balance overall by $1,594,188. This increase is a combination of decreased project costs in the Gas Tax funds, and an increase in transfers to the General Fund totaling $975,602 from the Public Safety CFDs.
922

STAFFING
Fiscal Year 2023/2024 Classification studies resulted in recommended position and salary range changes to support a classification structure that reflects the City's overall classification strategy. No additional positions are recommended for the mid-year budget.

SUMMARY
The proposed budget amendments are based upon information available at this time and anticipate an overall increase of $62,317,252. This includes $57,618,584 of decreased capital project expenditures in the Water Operating and CIP funds, resulting in a net increase of $4,698,668.

ATTACHMENTS: City Council Resolution
Pittsburg Power Company Resolution
Successor Agency Resolution
SW Pittsburg Geologic Hazard Abatement District II Resolution Report Prepared By: Paul L. Rodrigues, Certified Public Accountant, Finance Director Andy Wang, Certified Public Accountant, Assistant Finance Director 923
Resolution 24- 1 of 2 April 15, 2024

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Necessary City and )
General Fund Budget Adjustments ) RESOLUTION NO. 24-
Based on Year-End Projections_____ )
WHEREAS, on June 19, 2023 the City Council of the City of Pittsburg adopted the Fiscal Year 2023-24 Budget with spending limits across funds (Resolution No. 23-14317); and
WHEREAS, changes to spending limits through the year are necessary to account for unexpected opportunities, unforeseen changes, or if the City’s financial position changes and additional spending authority is required to meet the needs of the City; and WHEREAS, staff has completed the mid-year review and analysis of the Fiscal Year 2023-24 Budget; and
WHEREAS, it has been determined that budget adjustments are necessary to fund certain operating and non-operating expenditures.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pittsburg hereby amends funds and budget for Fiscal Year 2023-24 as attached to this Resolution.

BE IT FURTHER RESOLVED that the Finance Director or his/her designee is hereby authorized to approve payment of goods and services received by the City of Pittsburg in accordance with the City’s approved budget, programs and policies.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
924
Resolution 24- 2 of 2 April 15, 2024
Revenue Expenditure Net
General Funds
General Fund 905,042 (1,908,512) 2,813,554
Measure M Fund (196,000)$ -$ (196,000) Total General Funds 709,042$ (1,908,512)$ 2,617,554$ Internal Service Funds
Information/Communnication Systems 9,280 95,973 (86,693) Fleet Maintenance 166,554 (300,272) 466,826
Building Maintenance 14,403 4,565 9,838
Other Post Employment Benefits - 1,801,680 (1,801,680)
Total Internal Service Funds 190,237$ 1,601,946$ (1,411,709)$ Enterprise Funds
Water Operations Fund 280,832 (48,939,163) 49,219,995
Water Facilty Reserve Funds (258,949) (668,813) 409,864 Sew er Maintenance Fund 7,455 (576,749) 584,204
Sew er Maintenance Facility Funds (188,002) (133,113) (54,889) Water Front Operation Fund (423,528) (455,646) 32,118
Marina Fund 392,719 (777,892) 1,170,611
Island Energy 183,264 - 183,264
Pittsburg Pow er Fund 13,250 (81,920) 95,170
Total Enterprise Funds 7,041$ (51,633,296)$ 51,640,337$ Special Revenue Funds
California Theatre (94,648) 220,072 (314,720)
Emergency Operations Center (15,000) (59,225) 44,225
Economic Development Fund 413 21,600 (21,187)
Gas Tax (HUTA) 27,781 (1,307,026) 1,334,807
Gas Tax (RMRA) (3,822,426) (3,730,003) (92,423)
Measure J Tax Fund (4,776,505) (5,014,013) 237,508
CFD's & GHAD 60,792 1,036,394 (975,602)
Solid Waste Fund Fund 377,168 (228,048) 605,216
Housing - CDBG, HOME, Sec 8, Successor Agency 353,873 (18,080) 371,953 Grants - Police, PW, EPA, Other (2,522,916) (2,783,199) 260,283 Asset Forfeiture Fund 49,000 - 49,000
Regional Freew ay Security Fund - 4,000 (4,000)
Golf Course 1,600 - 1,600
NPDES Stormw ater 56,512 (41,016) 97,528
Total Special Revenue Funds (10,304,356)$ (11,898,544)$ 1,594,188$ Capital Project Funds (24,188,540)$ (32,100,760)$ 7,912,220$ Debt Service Funds
Assessment Districts 27,324 66,236 (38,912)
Total Debt Service Funds 27,324$ 66,236$ (38,912)$ Successor Agency Funds (370,782)$ (374,356)$ 3,574$ GRAND TOTAL (33,930,034)$ (96,247,286)$ 62,317,252$
Fiscal Year 2023-24 All Funds
Proposed Amendments
925
Resolution No. 24- 1 of 2 April 15, 2024

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY

OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Necessary Budget Adjustment )
for Pittsburg Power Company Based on ) RESOLUTION NO. 24- Year-End Projections ________ )
WHEREAS, on June 19, 2023 the Board of Directors of the Pittsburg Power Company, a Joint Powers Authority, adopted the Fiscal Year 2023-24 Budget (Resolution No. 23-454); and
WHEREAS, the City prepares and adopts the Pittsburg Power Company Budget with the intent of providing a planned program for services and a financial system to carry out the planned program of services; and
WHEREAS, staff has completed the mid-year review of the Fiscal Year 2023-24 Budget; and
WHEREAS, it has been determined that budget adjustments are necessary to fund certain operating and non-operating expenditures; and
WHEREAS, staff recommends an expenditure budget decrease in the amount of $81,920.

NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the Pittsburg Power Company of the City of Pittsburg as follows:

Section 1. Findings
A. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the respective staff report.

B. That the Finance Director or his/her designee is hereby authorized to approve payment of goods and services received by the Pittsburg Power Company in accordance with the Pittsburg Power Company’s approved budgets, programs and policies.

C. Those funds are hereby and shall be appropriated resulting in a decreased expenditure appropriation of $81,920 for the Pittsburg Power fund.

Section 2. Authorization
Authorize a $81,920 expenditure appropriation decrease. 926
Resolution No. 24- Page 2 of 2 April 15, 2024 PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company of the City of Pittsburg at a regular meeting held on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Garrett Evans, Executive Secretary
927

BEFORE THE GOVERNING BOARD OF THE SUCCESSOR AGENCY FOR THE

REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Necessary Budget Adjustment)
for the Successor Agency for the )
Redevelopment Agency of the City of ) RESOLUTION NO. 24- Pittsburg Based on Year End Projections )
WHEREAS, on June 19, 2023 the Governing Board of the Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency), adopted the Fiscal Year 2023-24 Budget by Resolution No. 23-054; and WHEREAS, the City prepares and adopts the Successor Agency’s Budget with the intent of providing a planned program for services and a financial system to carry out the planned program of services; and
WHEREAS, staff has completed the mid-year review of the Fiscal Year 2023-24 Budget; and
WHEREAS, it has been determined that budget adjustments are necessary to fund certain operating and non-operating expenditures; and
WHEREAS, staff recommends an expenditure budget decrease in the amount of $315,623.

NOW, THEREFORE BE IT RESOLVED, the Governing Board of the Successor Agency for the Redevelopment Agency of the City of Pittsburg hereby recognizes an expenditure budget decrease in the amount of $315,623 resulting in a decreased expenditure appropriation and authorizes the Finance Director or his/her designee to approve payment of goods and services received by the Successor Agency in accordance with the Successor Agency’s approved budgets, programs and policies.

PASSED AND ADOPTED by the Governing Board of the Successor Agency for the Redevelopment Agency of the City of Pittsburg at a regular meeting on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
928
Resolution No. 24- 1 of 2 April 15, 2024

BEFORE THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT

DISTRICT II OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Necessary Budget Adjustments)
for the Southwest Pittsburg Geologic ) RESOLUTION NO. 24- Hazard Abatement District II (GHAD II) )
based on Year-End Projections )
WHEREAS, on June 19, 2023 the Board of Directors of the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II), adopted the Fiscal Year 2023-24 Budget (Resolution No. 23-084); and
WHEREAS, the City prepares and adopts the GHAD II Budget with the intent of providing a planned program for services and a financial system to carry out the planned program of services; and
WHEREAS, staff has completed the mid-year review of the Fiscal Year 2023-24 Budget; and
WHEREAS, it has been determined that budget adjustments are necessary to fund certain operating and non-operating expenditures; and
WHEREAS, staff recommends an expenditure budget increase in the amount of $22,387.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the GHAD II as follows:

Section 1. Findings
A. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the respective staff report.

B. That the Finance Director or his/her designee is hereby authorized to approve payment of goods and services received by the Pittsburg Power Company in accordance with the GHAD II’s approved budgets, programs and policies.

C. Those funds are hereby and shall be appropriated resulting in an increased expenditure appropriation of $22,387 for the GHAD II.

Section 2. Authorization
Authorize a $22,387 expenditure appropriation increase. 929
Resolution No. 24- Page 2 of 2 April 15, 2024 PASSED AND ADOPTED by the Board of Directors of the Southwest Pittsburg Geologic Hazard Abatement District II of the City of Pittsburg at a regular meeting held on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
930
Combined Agency/City Council Minutes Page 1 of 4 March 18, 2024

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES

DATE: March 18, 2024

LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

Mayor Banales called the regular meeting to order at 7:02 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA after having convened at 6:04 P.M. for the following Closed Session:

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to Section 54956.9(d)(4):

Number of cases: One

City Attorney Mooney stated there were no reportable actions taken in Closed Session.

ROLL CALL

All Members were present.

PLEDGE OF ALLEGIANCE

Mayor Banales led the Pledge of Allegiance.

PRESENTATIONS

2. Presentation by Delta Diablo

Bruce Ohlson, Pittsburg, advocated for hazardous waste to be accepted by Delta Diablo regardless of the method of transportation, e.g. vehicle or bicycle.

3. Annual Review of the Military Equipment Use Ordinance

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Combined Agency/City Council Minutes Page 2 of 4 March 18, 2024

PROCLAMATIONS

4. World Down Syndrome Day

5. Cesar Chavez Day

CITY MANAGER REPORTS/REMARKS

City Manager Evans noted for the record that item #8 on the Housing Authority Consent calendar had a correction on the published balance amount of $6,858,098.23, which should have been $6,809,763.08. Copies of the correction were available for public inspection at the dais. He also mentioned that item #16 on the Combined City Council Consent calendar would be pulled and brought back at a later date.

Assistant City Manager Aliotti provided an update on City events and reminded everyone that the first City Council meeting in April will be held on Tuesday, April 2, 2024 due to the Cesar Chavez holiday observed on Monday, April 1, 2024.

PUBLIC COMMENTS

Comments regarding travel support for In My Section Inc, an arts education nonprofit were received from:

Alexander Finn
Jordan Cisneros

Comments regarding nuisance at the Marina parking lot and request for more Code Enforcement actions to be taken were received from:

James Marriott
Peter Wilson
Susan Burkitt
Patt Young

Rose Mary Tumbaga, Pittsburg on behalf of the Fil-American Association invited City Council to attend the 82nd Commemoration, Fall of Bataan-Corregidor event on April 13, 2024.

Glory Guerrero, Pittsburg, raised concerns about the hourly rate to rent baseball fields and suggested the price be lowered or waived for organizations serving Pittsburg youth.

COMMITTEE REPORTS

Vice Mayor Killings attended the Finance and Community and Economic Development Subcommittee Meetings.

CONSIDERATION

9. Adoption of a City Council Minute Order to Appoint Candidates to the Community Advisory Commission.

On motion by Member Adams, seconded by Vice Mayor Killings, to appoint Suvash 932
Combined Agency/City Council Minutes Page 3 of 4 March 18, 2024 Shah Thakuri to the Community Advisory Commission for the 4-year term beginning March 1, 2024, through February 28, 2028, and carried unanimously.

On motion by Member Scales-Preston, seconded by Member Adams, to appoint Sonja Shephard to the Community Advisory Commission for the 4 -year term beginning March 1, 2024, through February 28, 2028, and carried unanimously.

On motion by Member Lopez , seconded by Vice Mayor Killings , to appoint Michael Aparicio to the Community Advisory Commission for the 4-year term beginning March 1, 2024, through February 28, 2028, and adopted by the following vote:

AYES: Killings, Lopez, Scales-Preston, Banales
NOES: Adams

On motion by Vice Mayor Killings seconded by Member Scales-Preston, to appoint Monique Robinson to the Community Advisory Commission for the 4 -year term beginning March 1, 2024, through February 28, 2028, and carried unanimously.

10. Adoption of a City Council Resolution to Allocate Funding from the Business Improvement District towards the Facade Improvement and Landscape Improvement Grant Programs.

On motion by Vice Mayor Killings , seconded by Member Scales -Preston and carried unanimously.

11. Adoption of a City Council Minute Order to Approve City Goals and Priorities for Fiscal Year 2024-2025.

On Motion by Mayor Banales, seconded by Member Scales-Preston to send the item back to the Governance Performance Subcommittee to refine priority service areas before adoption and carried unanimously.

CONFLICT OF INTEREST STATEMENT

Vice Mayor Killings stated he would recuse himself from voting on Consent Item # 18, due to real property interest.

Member Scales-Preston stated she would recuse herself from voting on Consent Item #18. [Note: Member Scales-Preston did not state a reason for her recusal.]

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR

As noted earlier in the City Manager reports/remarks, Item #16 on the Consent Calendar was pulled and will be brought back at a later date.

On Motion by Member Lopez, seconded by Member Adams and carried unanimously.

12. Minutes of March 4, 2024.

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Combined Agency/City Council Minutes Page 4 of 4 March 18, 2024

13. Adoption of a City Council Resolution Authorizing the Application of the 2024/2025 Transportation Development Act (TDA) Article 3 Grant Funds.

14. Adoption of a City Council Resolution to Establish the Fiscal Year 2024/25 Annual Stormwater Utility Area Fee.

15. Adoption of a City Council Resolution Authorizing the City Manager to Execute an Agreement for Temporary Landscape Maintenance Assistance.

17. Adoption of a City Council Resolution Accepting the Military Equipment Annual Report, Determining the Use of Equipment Complied with Policy 706, and Determining Policy 706 will Continue.

19. Adoption of an Ordinance Amending the Pittsburg Municipal Code to add Chapter 8.14, “Illegal Dumping”

18. Adoption of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law.

16. Adoption of a City Council Resolution Authorizing the Application of the Bureau of Reclamation Water and Energy Efficiency Grant for Automatic Meter Infrastructure. [Item Pulled]

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS

There were no requests for future agenda items.

COUNCIL MEMBER REMARKS

Vice Mayor Killings commended Planning staff for hosting an envisioning meeting on March 16, 2024, at the Marina Center. He noted the meeting was well attended and offered an opportunity for community members to help shape Pittsburg’s Downtown and Marina.

Member Adams echoed Vice Mayor Killings’ sentiments regarding the Community meeting held by the Planning Department. She also commended Recreation staff for a successful Twilight Hoops event.

ADJOURNMENT

The meeting was adjourned at 8:53 P.M. to April 02, 2024.

Respectfully submitted,

Alice E. Evenson, City Clerk
934

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting Project 3119 Police Department Evidence and Intake Room Improvements as Complete, Authorizing the City Engineer to File a Notice of Completion, and Allocating Remaining Funds
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
Project 3119 - Police Department Evidence and Intake Room Improvements (the “Project”) facilitated demolition work, supply storage, installation of mobile shelving units, incorporation of seismic safety equipment, modification of cubicles, addition of storage units, and flooring installation. This resolution will accept the construction contract as complete, authorize the City Engineer to file a Notice of Completion, and allocate remaining funds to Project 3120 Police Women’s Locker Room Expansion 2.

FISCAL IMPACT
The Project was funded with $350,000 from the General Funds Reserve (Resolution No. 21- 14016) and $150,000 from Building Maintenance (Resolution No. 20-13859).

The total anticipated expenditures for the Project are $384,211. Any remaining funds will be allocated to Project 3120 Police Women’s Locker Room Expansion 2.

An estimated Expenditures Summary is attached to this staff report.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Project as complete, authorize the City Engineer to execute a Notice of Completion, and allocate remaining funds to Project 3120 Police Women’s Locker Room Expansion 2. 935

BACKGROUND
On December 21, 2020, the City Council adopted Resolution No. 20-13859, approving Addendum One to the Five-Year Capital Improvement Program for Fiscal Years 2019/20 through 2023/24 allocating $150,000 for the Project.

On November 15, 2021, the City Council adopted Resolution No. 21-14016, authorizing the Agreement for $307,500 for the installation of storage and seismic safety equipment with Systems & Space, Inc.

On May 12, 2022, the City issued Contract Change Order No. 1, adding services and increasing the compensation by $2,850 for the modification of cubicles.

On September 30, 2022, the City issued Contract Change Order No. 2, increasing the compensation by $10,740 for the installation of additional flooring.

On October 23, 2023, the City Council authorized the execution of a First Amendment to the Agreement with Systems and Space, Inc. in the amount of $31,140 for a total compensation of $338,640.

On January 29, 2024, the contractor reached substantial completion.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The evidence room and intake area at the Police Department lacked sufficient space for storage and needed updated equipment to align with the recommended best practices endorsed by the State Department of Justice and industry standards.

City staff have reviewed the work performed by Systems and Space, Inc. and have determined that all work has been completed as required by the project.

ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Alex Ruiz, Assistant Engineer
936
Project Funding:

General Fund (110) $350,000
Building Operations and Maintenance (621) $150,000
Funding Total $500,000
Project Expenditures:

Design:
(Code 2122) Design $0
Subtotal $0
Miscellaneous:
(Code 1399)
Advertising $0
Subtotal $0
Construction:
(Code 2281)
Construction $356,211
Subtotal $356,211
Staff Time:
(Code 1101) $14,000
Subtotal $14,000
Administrative
Overhead: $0
(Code 2372) $14,000
Subtotal $14,000
Expenditures Total $384,211
Surplus/Carryover Funds to Project 3120 $115,789
Total $500,000
Staff Costs
Project Budget Summary
Project 3119 - Police Evidence and Intake Room Improvements Staff Costs
937
Resolution No. 24- Page 1 of 2 April 15, 2024

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Accepting Project 3119 - Police )
Department Evidence and Intake Room )
Improvement as Complete, Authorizing ) RESOLUTION NO. 24- the City Engineer to File a Notice of )
Completion, and Allocating Remaining )
Funds )
WHEREAS, Project 3119 - Police Department Evidence and Intake Room Improvements (the “Project”) upgraded the existing configuration of the evidence processing area within the Police Department at City Hall; and WHEREAS, on December 21, 2020, the City Council adopted Resolution No. 20- 13859, approving Addendum One to the Five-Year Capital Improvement Program for Fiscal Years 2019/20 through 2023/24 allocating $150,000 to the Project; and WHEREAS, staff solicitated cost proposals from Systems & Space, Inc., a cooperative purchasing program vendor enrolled in Sourcewell, which develops RFPs and IFBs for national, competitive solicitations that meets requirements for equipment commonly used by public agencies; and
WHEREAS, on November 15, 2021, the City Council adopted Resolution No. 21- 14016, authorizing the Agreement in the amount of $307,500 for the installation of storage and seismic safety equipment; and
WHEREAS, on May 12, 2022, the City issued Contract Change Order No. One, which added services and increased the compensation by $2,850, for the modification of cubicles; and
WHEREAS, on August 30, 2022, staff issued Task Order No. Two to Terracon for special inspection and material testing, for a total compensation of $2,813; and WHEREAS, on September 30, 2022, the City issued Contract Change Order No.

Two, increasing the compensation by $10,740 for the installation of additional flooring; and WHEREAS, on January 30, 2023, the City issued a Contract Change Order No.

One in the amount of $632 for an additional day of inspection by Terracon, resulting in the total contract amount of $3,445; and
WHEREAS, on October 23, 2023, a request was made to add services, increase the compensation amount by $17,550, and incorporate Change Orders One and Two into an amendment to the agreement with Systems and Space, Inc.; and WHEREAS, on October 23, 2023, the City Council authorized the execution of a First Amendment to the Agreement with Systems and Space, Inc. in the amount of $31,140 for a total compensation of $338,640; and
938
Resolution No. 24- Page 2 of 2 April 15, 2024 WHEREAS, on January 29, 2024, the contractor completed the project; and WHEREAS, the total anticipated expenditures are $384,211; and WHEREAS, the remaining project funds will be allocated to Project 3120 Police Women’s Locker Room Expansion 2.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the Project as complete, authorizes the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof, and allocates the remaining funds from the Project to Project 3120 Police Women’s Locker Room Expansion 2.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of April 2024 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
939

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 2028 - Crestview Drive Safety Improvements
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
Project 2028 - Crestview Drive Safety Improvements (the “Project”) installs pavement markings, raised medians, and pedestrian crossings at six intersections along Crestview Drive at Nina Place, Alta Vista Circle, Kingsberry Place, Atherton Avenue, William Way and Crestview Lane. If adopted, this resolution will accept the Project plans and specifications and award a construction contract to RK Engineering, Inc.

FISCAL IMPACT
The proposal from RK Engineering, Inc. is $508,929. for the Project. Funding for construction will be provided by the existing Project budget. No other funds will be required.

The Budget Summary is attached to this report.

RECOMMENDATION
Staff recommends that the City Council accept the plans and specifications and authorize the City Manager to execute a construction contract for the Project with RK Engineering, Inc. for a total amount not to exceed $508,929.

Staff recommends that the City Council allocate a construction contingency of $101,786 for any unanticipated costs and contract change orders.

Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.
940

BACKGROUND
On August 28, 2020, staff applied to Caltrans for a grant from the Highway Safety Improvement Program (HSIP). On March 30, 2021, Caltrans notified the City that the grant application was approved for $378,220.

On June 21, 2021, the City Council adopted Resolution No. 21-13944, approving the City’s Five-Year Capital Improvement Program for Fiscal Year 2021/22 through 2025/26 and the appropriation of $41,180 from RMRA Road Maintenance and Rehabilitation (Fund 228) for the Project.

On June 20, 2022, with adoption of Resolution No. 22-14118, $200,000 of CDBG funds were allocated to the Project. On May 15, 2023, with adoption of Resolution No. 23-14295, $162,374 of CDBG funds were further allocated to the Project.

On June 19, 2023, the City Council adopted Resolution No 23-14318, approving the City’s Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28 and the appropriation of $151,700 from Highway User Tax Account Gas Tax (HUTA Fund 203) for the Project.

On March 7, 2024, staff advertised the Project for construction bids. On March 28, 2024, 7 construction bids were received, and RK Engineering, Inc. was the lowest responsive responsible bidder with a base bid in the amount of $508,929.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Installation of pavement markings, raised medians, and pedestrian enhancements at six intersections along Crestview Drive will enhance safety for pedestrians as well as improve vehicular traffic.

The City received 7 bids for construction of the Project. The lowest bid was $508,929 and the highest bid was $695,519. The lowest bid is 14% below the engineer’s estimate and 13% below the average of all 7 bids.

ATTACHMENTS: Resolution
Project Budget Summary
Report Prepared By: Andrew Peters, Assistant Engineer
941
Project Funding
Highway Safety Improvement Program 10 (HSIP) Grant $378,220 FY 2021/22 Gas Tax (RMRA Fund 228) $41,180
HUTA $151,700
CDBG $362,374
Funding Total $933,474
Project Expenditures:

Design: Consultant Design $60,000
(Code 2122)
Subtotal $60,000
Miscellaneous: Advertising $1,000
(Code 1399) Reproduction $1,000
Postage $1,000
Subtotal $3,000
Construction:
(Code 2281) Construction $508,929
Construction Contingency (~20%) $101,786
Material Testing $5,000
Subtotal $615,715
Staff Time: Staff Costs During Design Phase $30,000
(Code 1101) $45,000
Subtotal $75,000
Administrative
Overhead: Staff Overhead Costs during Design $30,000
(Code 2372) $45,000
Subtotal $75,000
Estimated Total Expenditures $828,715
Remaining Funds $104,759
Staff Construction Management
Staff Overhead during Construction
Contract 2028, Crestview Drive Safety Improvement
942
Resolution No. 24- Page 1 of 2 April 15, 2024

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Accepting the Plans and Specifications )
and Awarding Project 2028 - Crestview ) RESOLUTION NO. 24- Drive Safety Improvements )
WHEREAS, Project 2028-Crestview Drive Safety Improvements (the “Project”) installs pavement markings, raised medians, and pedestrian crossings at six intersections along Crestview Drive at Nina Place, Alta Vista Circle, Kingsberry Place, Atherton Avenue, William Way, and Crestview Lane; and
WHEREAS, on August 28, 2020, staff applied to Caltrans for a grant from the Highway Safety Improvement Program (HSIP); and
WHEREAS, on March 30, 2021, Caltrans notified the City that the grant application was approved for $378,220; and
WHEREAS, on June 21, 2021, the City Council adopted Resolution No. 21-13944, approving the City’s Five-Year Capital Improvement Program for Fiscal Years 2021/22 through 2025/26 and the appropriation of $41,180 from RMRA Road Maintenance and Rehabilitation (Fund 228) to the Project; and
WHEREAS, on June 20, 2022, with adoption of Resolution No. 22-14118, $200,000 of CDBG funds were allocated to the Project; and
WHEREAS, on May 15, 2023, with adoption of Resolution No. 23-14295, $162,374 of CDBG funds were further allocated to the Project; and WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14318, approving the City’s Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28 and the appropriation of $151,700 from Highway User Tax Account Gas Tax (HUTA Fund 203) to the Project; and
WHEREAS, on March 7, 2024, staff advertised the Project for construction bids; and
WHEREAS, on March 28, 2024, 7 construction bids were received, and RK Engineering, Inc. was the lowest responsive responsible bidder with a base bid in the amount of $508,929; and
WHEREAS, staff recommends that the City Council accept the plans and specifications; and
WHEREAS, staff recommends the City Council award a contract to RK Engineering, Inc. in the amount not to exceed $508,929 for construction of the Project; and 943
Resolution No. 24- Page 2 of 2 April 15, 2024 WHEREAS, staff further recommends establishing a construction contingency in the amount of $101,786 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the plans and specifications, awards a contract to RK Engineering, Inc., authorizes a construction contingency in the amount of $101,786, authorizes the City Engineer or his designee to approve contract change orders for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
944

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Allocating Additional Funds, Accepting the Plans and Specifications, and Awarding Project 8336- Americana Park Bypass Channel
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
Project 8336 - Americana Park Bypass Channel (the “Project”) addresses flooding of North Parkside Drive and the detention basin, through construction of a bypass channel. If adopted, this resolution will allocate additional funds to the Project; accept the project plans and specifications, and award a construction contract to Kroeker, Inc.

FISCAL IMPACT
The proposal from Kroeker, Inc is $805,103.82 for construction of the Project. Funding will be provided by $580,000 from Infrastructure Repair and Replacement (Fund 310), $101,800 from Highway Users Tax Account (HUTA) (Fund 203), $100,000 from Water Operation Fund (Fund 501), $119,999 from 2006 Tax Revenues (Resolution No. 08-1287), and $374,879 from Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds previously allocated to the Project.

This resolution will allocate an additional $145,000 from Water Operation Fund (Fund 501), $30,000 from Infrastructure Repair and Replacement Fund (Fund 310) and $103,000 from American Rescue Plan Act (ARPA) (Fund 298). If approved, the total project budget will be $1,554,678.

RECOMMENDATION
City Council adopt the attached resolution to allocate an additional $145,000 from Water Operation Fund (Fund 501), $30,000 from Infrastructure Repair and Replacement Fund (Fund 310) and $103,000 from ARPA (Fund 298), accept the plans and specifications, and authorize the City Manager to execute a construction contract for the Project with Kroeker, Inc for a total amount not to exceed $805,103.82.
945
Staff recommends that the City Council allocate a construction contingency of $80,510 for any unanticipated costs and contract change orders. Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.

BACKGROUND
On June 2, 2008, City Council adopted Resolution No. 08-1287, allocating $119,999 from the 2006 Tax Revenues to the Project (Funds 5938 and 5940).

On March 17, 2014, the City Council adopted Resolution No. 14-12100, approving the allocation of $580,000 from the Infrastructure Repair and Replacement Fund (Fund 310).

On June 15, 2023, City Council adopted Resolution No. 23-14318, approving the Five-Year Capital Improvement Program for Fiscal Years (FY) 2023/24 through 2027/28, allocating $101,800 from HUTA (Fund 203) and $100,000 from Water Operation Fund (Fund 501) to the Project.

On September 18, 2023, City Council adopted Resolution No. 23-14370 accepting the FEMA Hazard Mitigation Grant in the amount of $374,879 making the total Project budget $1,276,678.

On March 13, 2024, Staff advertised the Project for construction bids.

City staff received three bid proposals for project construction. Kroeker was the lowest responsive, responsible bidder with a base bid in the amount of $805,103.82. The low bid has been checked for arithmetical errors, completeness, and conformance with the bid requirements.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The detention basin located in the Americana Park Subdivision has been prone to overflowing on North Parkside Drive during heavy rains. The Project intends to address this flooding through the construction of a bypass channel across the PG&E transmission corridor. This channel will redirect storm water to another channel capable of increased water volume, preventing overflow in the detention basin and along North Parkside Drive.

City staff is requesting additional funding of $278,000 allocated to the Project to provide for higher than estimated cost to construct this project. This funding is essential to guarantee the timely completion of the Project.

The Project Budget Summary follows on the next page.
946
ATTACHMENTS: Resolution
Report Prepared By: Alex Ruiz, Assistant Engineer
Americana Park Bypass Channel
Project 8336
Date: April 2024
Project Funding:
$119,999
$374,879
$580,000
$100,000
$101,800
$145,000
$30,000
$103,000
Funding Total $1,554,678
Project Expenditures:

Design: Consultant Design + Amendments $272,130
(Code 2122) Permitting (USACE, USDFW, HCP, etc.) $45,000 Subtotal $317,130
Miscellaneous: Misc. Services & Supplies $9,600
(Code 1399)
Subtotal $9,600
Advertising: Advertising $3,000
(Code 2203)
Subtotal $3,000
Construction:
(Code 2281) $805,103.82
$80,510
$76,550
$17,098
$15,871
$99,815
Subtotal $1,094,948
Staff Time: Staff $65,000
(Code 1101) Subtotal $65,000
Admin: Admin Overhead $65,000
(Code 2372) Subtotal $65,000
Expenditures Total $1,554,678
East Contra Costa HCP Impact Fees
Material Testing
Expenditures from previous SD project
Tsfr-In from 2006 Tax Revenues (5938 & 5940)
Federal Emergency Management Agency (FEMA) Hazard
Mitigation Grant
Infrastructure Repair and Replacement Fund (310)
Water Operations Fund (501)
HUTA (Fund 203)
Allocation from ARPA Fund (298)
Allocation from Water Operation Fund (501)
Allocation from Infrastructure Repair and Replacement Fund Construction
Construction Contingency (10%)
Construction Monitoring Fee
947
Resolution No. 24- Page 1 of 2 April 15, 2024

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Allocating Additional Funds, Accepting )
the Plans and Specifications, and )
Awarding Project 8336 - Americana ) RESOLUTION NO. 24-
Park Bypass Channel Project )
WHEREAS, Project 8336 - Americana Park Bypass Channel (the “Project”) addresses flooding of North Parkside Drive and the detention basin, through construction of a bypass channel, redirecting stormwater to another channel; and WHEREAS, on June 2, 2008, City Council adopted Resolution No. 08-1287, allocating $119,999 from 2006 Tax Revenues (Funds 5936 and 5940) to the Project; and WHEREAS, on March 17, 2014, City Council adopted Resolution No. 14-12100, allocating $580,000 from the Infrastructure Repair and Replacement (Fund 310) to the Project; and
WHEREAS, on June 15, 2023, City Council adopted Resolution No. 23-14318, approving the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28, allocating $101,800 from Highway Users Tax Account (HUTA) (Fund 203) and $100,000 from Water Operation Fund (Fund 501) to the Project; and WHEREAS, on September 18, 2023, City Council adopted Resolution No. 23-14370 accepting the Federal Emergency Management Agency Hazard Mitigation Grant in the amount of $374,879 for a total Project Budget of $1,276,678; and WHEREAS, on March 13, 2024, staff advertised the Project for construction bids; and
WHEREAS, on April 3, 2024, three bids were received and Kroeker, Inc. was the lowest responsive, responsible bidder with a base bid in the amount of $805,103.82; and WHEREAS, staff recommends the City Council accept the plans and specifications; and
WHEREAS, staff recommends the City Council award a contract to Kroeker, Inc. in an amount not to exceed $805,103.82 for construction of the Project; and WHEREAS, staff further recommends establishing a construction contingency in the amount of $80,510 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget; and
948
Resolution No. 24- Page 2 of 2 April 15, 2024 WHEREAS, staff further recommends that the City Council allocate an additional $145,000 from Water Operation Fund (Fund 501), $30,000 from Infrastructure Repair and Replacement Fund (Fund 310) and $103,000 from American Rescue Plan Act (ARPA) (Fund 298) to the Project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the plans and specifications, awards a contract to Kroeker, Inc., authorizes a construction contingency in the amount of $80,510, authorizes the City Engineer or his designee to approve contract change orders for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.

BE IT FURTHER RESOLVED, that the City Council allocates an additional $145,000 from Water Operation Fund (Fund 501), $30,000 from Infrastructure Repair and Replacement Fund (Fund 310) and $103,000 from ARPA (Fund 298) to the Project.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
949

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Execution of Consulting Services Agreement with RCH Group, Planning & Environmental Consulting, Inc.

MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
The proposed item would authorize the City Manager to execute a Consulting Services Agreement with RCH Group, Planning & Environmental Consulting, Inc. in an amount not to exceed $119,480 for CEQA Consultant Fees and would allocate $82,400 for the consultant budget for contract planning services related to the Pencco Iron Salts Plant Project on leased land located at the Corteva Agriscience campus located at 1901 Loveridge Road.

FISCAL IMPACT
Staff is requesting the City Council allocate to the project review budget, the sum of $119,480 to cover consultant costs related to the processing of the proposed application.

The requested budget would cover the $82,400 cost for CEQA services by RCH Group, Planning & Environmental Consulting Inc. to prepare an Initial Study/Mitigated Negative Declaration (IS/MND), as well as $24,720 for the 30% City Environmental Review services fees in accordance with the City’s Master Fee Schedule effective January 1, 2024, and approximately $12,360 as 15% refundable contingency reserve funds.

Prior to execution of any consultant contracts, the developer, Pennco Inc. would be required to execute a reimbursement agreement with the City and provide funds to cover the base cost. As such, there is no fiscal impact to the City.

RECOMMENDATION
Staff recommends the City Council adopt the Resolution authorizing the City Manager to execute the Consulting Services Agreement with RCH Group, Planning & Environmental Consulting, Inc. for preparation of CEQA Analysis and related services for the Pencco Iron Salts Plant Project.
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BACKGROUND
On December 12, 2023, Pencco Inc., a national provider of wastewater and drinking water treatment products, filed a development application for a Use Permit and Design Review to build a new manufacturing plant for iron salts, on leased land at the Corteva Agriscience campus located at 1901 Loveridge Road.

The site is zoned as IG (General Industrial) and the project would aim to relieve Northern California chemical supply issues. This project would help stabilize the supply of adequate water treatment products and secure safe, clean water for Northern California communities.

SUBCOMMITTEE FINDINGS
The item was not presented to a subcommittee.

STAFF ANALYSIS
Staff has determined that the IS/MND to be prepared by RCH Group, Planning & Environmental Consulting, Inc. pursuant to CEQA are necessary for the continued processing of the applications due to the complexity of the project. Prior to entering into any contract, the City will require a fully executed reimbursement agreement submitted by the applicant.

ATTACHMENTS:

1. Resolution

2. Contract and Services Agreement RCH Group with Exhibits Report Prepared By: Maurice Brenyah-Addow, Senior Planner 951

Consulting Services Agreement between April 15, 2024
the City of Pittsburg and RCH Group for
the Pencco Iron Salts Plant Project