Agenda packet — Pittsburg City Council, April 15, 2024 (part 1 of 5)

CITY OF PITTSBURG
AGENDA
APRIL 15, 2024

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

CLOSED SESSION
6:30 P.M.

REGULAR MEETING
7:00 P.M.

CITY COUNCIL

HOUSING AUTHORITY

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice- Mayor/Chair
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
Shanelle Scales-Preston, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts.

All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:30 PM - CONVENE IN CLOSED SESSION

1. Housing Authority Governing Board
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one

2. City Council
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

3. Bliss Avenue Project

PROCLAMATIONS

4. Earth Day and Civic Pride Day

5. Arbor Day

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members participate). (No Action Required) 2 HOUSING AUTHORITY

PUBLIC HEARING

6. Adoption of a Housing Authority Resolution Approving the Public Housing Agency Administrative Plan for 2024 and Directing the Executive Director to Submit the Public Housing Agency Administrative Plan for 2024 to the U.S. Department of Housing and Urban Development
The Housing Authority of the City of Pittsburg (Housing Authority) maintains an Administrative Plan which outlines the policies and procedures of the Housing Authority. As required compliance with the U.S. Department of Housing and Urban Development (HUD), the Housing Authority has revised its Administrative Plan to incorporate significant modifications or amendments to policies which address the delivery of housing services in the community (Administrative Plan for 2024).

CONSIDERATION

7. Adoption of a Housing Authority Resolution Amending the Fiscal Year 2023-24 Budget Based on Year-End Revenue and Expenditure Projections 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.

CONSENT CALENDAR

8. Minutes of March 18, 2024

HOUSING AUTHORITY MEMBER REMARKS

ADJOURNMENT OF THE HOUSING AUTHORITY

COMBINED CITY COUNCIL, PITTSBURG POWER COMPANY, SOUTHWEST

PITTSBURG GHAD II AND SUCCESSOR AGENCY CONSIDERATION

9. Adoption of City Council, Pittsburg Power Company, Successor Agency for the Redevelopment Agency of the City of Pittsburg, and SW Pittsburg Geological Hazard Abatement District II Resolutions Amending the Fiscal Year 2023-24 Budget Based on Year End Revenue and Expenditure Projections 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.

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.
3 COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND

SUCCESSOR AGENCY CONSENT CALENDAR

10. Minutes of March 18, 2024

11. 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 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.

12. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 2028-Crestview Drive Safety Improvements 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.

13. Adoption of a City Council Resolution Allocating Additional Funds, Accepting the Plans and Specifications, and Awarding Project 8336-Americana Park Bypass Channel
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.

14. Adoption of a City Council Resolution Authorizing the Execution of Consulting Services Agreement with RCH Group, Planning & Environmental Consulting, Inc.

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 One Hundred and Nineteen Thousand, Four Hundred and Eighty dollars ($119,480.00) for CEQA Consultant Fees and would allocate Eighty-Two Thousand, Four Hundred dollars ($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.
4 15. Adoption of Seven City Council Resolutions to Find Developers in Compliance with their Respective Development Agreements for: Southwest (San Marco), Tuscany Meadows, Trans Bay Cable, Edgewater, Sky Ranch II, Montreux, and Columbia Solar
State law requires local jurisdictions to conduct a periodic review of active development agreements (DAs) within the community. For the calendar year 2023, staff has conducted reviews of seven active DAs, including: Southwest (San Marco) Development, Tuscany Meadows Subdivision, Trans Bay Cable, Edgewater Development, Sky Ranch II Subdivision, Montreux Subdivision, and Columbia Solar. Staff has found each developer to be in compliance with the terms of their respective DA, and as such, recommends the City Council adopt seven resolutions finding good faith compliance and authorizing the City Manager to execute Certificates of Compliance as appropriate.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO MAY 6, 2024
5 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, as distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). Full agenda packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled residents. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at (925) 252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 6 City Council Agency/Liaison/Subcommittee Assignments as of February 20, 2024

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings Alternate Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alternate Standing 2nd Wednesday 4:30 PM J.

Samuelson
East Co. Co. County Habitat Conservancy Angelica Lopez / Juan Banales Alternate Standing 4th Monday Bi-
Monthly 2:00 PM J. Davis
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J.

Samuelson
MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alternate Standing Quarterly 7:00 PM D.

Buchanan
TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alternate Standing 2nd Thursday 6:30 PM J.

Samuelson
Tri-Delta Transit (2 reps)** Shanelle Scales-Preston & Dionne Adams / Jelani Killings Alternate Standing 4th Wednesday 4:00 PM J.

Samuelson

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Shanelle Scales-Preston / Jelani Killings Alternate Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Juan Banales / Jelani Killings Alternate Standing 1st Thursday 6:30 PM G. Evans Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alternate Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alternate Standing Quarterly M. Aliotti

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Budget Sustainability Juan Banales & Jelani Killings Ad Hoc As needed G. Evans Community and Economic Development Jelani Killings & Dionne Adams / Juan Banales Alternate Standing 2nd Wednesday 5:00 PM J. Davis Finance Management Juan Banales & Jelani Killings / Shanelle Scales-Preston Alternate Standing 3rd Friday 4:00 PM P.

Rodrigues
Government Performance Juan Banales & Jelani Killings Ad Hoc 4th Friday 4:00 PM J. Brizel Infrastructure and Transportation Shanelle Scales-Preston & Dionne Adams / Juan Banales Alternate Standing 4th Thursday 5:30 PM J.

Samuelson
Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alternate Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Shanelle Scales-Preston & Jelani Killings Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Angelica Lopez / Jelani Killings Alternate Standing 1st Wednesday 5:30 PM S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
** Stipend of $100 per month
7 8
9 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 Approving the Public Housing Agency Administrative Plan for 2024 and Directing the Executive Director to Submit the Public Housing Agency Administrative Plan for 2024 to the U.S. Department of Housing and Urban Development
MEETING DATE: April 15, 2024

EXECUTIVE SUMMARY
The Housing Authority of the City of Pittsburg (Housing Authority) maintains an Administrative Plan which outlines the policies and procedures of the Housing Authority. As required compliance with the U.S. Department of Housing and Urban Development (HUD), the Housing Authority has revised its Administrative Plan to incorporate significant modifications or amendments to policies which address the delivery of housing services in the community (Administrative Plan for 2024).

FISCAL IMPACT
Adoption of the Administrative Plan for 2024 has no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends the Governing Board of the Housing Authority open the public hearing, receive public comment, close the public hearing, and adopt the Resolution for approval of the Administrative Plan for 2024.

BACKGROUND
When there are significant modifications to the policies of the Housing Authority, a public hearing is required regarding these policy changes. The Housing Authority made minor revisions in Chapters 2, 3, 12, 14, 15, 17, 18, and 19, and significant modifications in Chapters 6, 7, 8 and 11. These changes are reflected in a redline format in the Administrative Plan for 2024.
10 SUBCOMMITTEE FINDINGS
The Administrative Plan for 2024 has not been discussed in a subcommittee.

STAFF ANALYSIS
The Housing Authority administers programs with an annual grant as determined by HUD.

Various sections of the Administrative Plan for 2024 were modified, specifically, Chapters 6, 7 and 11, to account for the Housing Opportunity through Modernization Act of 2016 (HOTMA) changes, including the Final Rule issued February 14, 2023, Notice PIH 2023-27, and other sources of HUD guidance on the topic. References to Housing Quality Standards (HQS) inspections were replaced with National Standards for the Physical Inspection of Real Estate (NSPIRE) inspections, new standards, and requirements. The term human trafficking has been included in the Violence Against Women Act (VAWA) language, in addition to other VAWA clarifications to better align with current guidelines such as the implementation Guidance for VAWA 2022 published in the Federal Register on January 4, 2023.

There is also a new section on Restriction on Assistance Based on Assets. Additional changes include exceptions to utility allowances as a reasonable accommodation.

The changes in Chapter 8 were made to include the implementation of HUD’s NSPIRE regulations and standards in order to comply with HUD Notice PIH 2023-28. NSPIRE inspections will replace HQS inspections beginning October 1, 2024.

In summary, none of these changes will negatively impact the families being assisted but will provide the Housing Authority more current and compliant language to HUD’s regulatory updates and guidelines.

The Housing Authority has revised the Administrative Plan in accordance with HUD’s requirements. This plan defines the agency’s goals for providing housing and offering support to families needing such assistance. The Housing Authority posted the Public Notice for comment on February 29, 2024, and has not received comments or responses.

ATTACHMENTS: Resolution
Administrative Plan for 2024
Report Prepared By: Tanya Ray, Senior Housing Program Analyst 11 Resolution No. 24- Page 1 of 2 April 15, 2024

BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY

OF THE CITY OF PITTSBURG
In the Matter of:

Approving the Public Housing Agency )
Administrative Plan for 2024 and Directing the )
Executive Director to Submit the Public ) RESOLUTION NO. 24- Housing Agency Administrative Plan for 2024 )
To the U.S. Department of Housing and Urban )
Development ) WHEREAS, the Housing Authority of the City of Pittsburg (Housing Authority) maintains an Administrative Plan which outlines the policies and procedures of the Housing Authority. As required compliance with the U.S. Department of Housing and Urban Development (HUD), the Housing Authority has revised its Administrative Plan to incorporate significant modifications or amendments to policies which address the delivery of housing services in the community (Administrative Plan for 2024); and WHEREAS, a Public Notice was published in the East County Times on February 29, 2024; commencing the 45-day period to submit written comments. The public hearing scheduled for April 15, 2024 is to address any written comments received during the noticing period and to allow comments prior to the approval of the Administrative Plan for 2024 by Governing Board of the Housing Authority; and
WHEREAS, the Public Housing Agency Administrative Plan for 2024 was also made available for review at the Housing Authority office, located at 916 Cumberland Street, Pittsburg, CA 94565; and
WHEREAS, the adoption of the Housing Authority Administrative Plan for 2024 is in the best interest of the residents of Pittsburg and satisfies HUD’s requirements to update and adopt the Administrative Plan.

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Housing Authority of the City of Pittsburg hereby finds the Administrative Plan for 2024 a thorough and complete document, adopts this Resolution and approves the Administrative Plan for 2024.

BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Housing Authority’s obligations pursuant to this Resolution.

12 Resolution No. 24- Page 2 of 2 April 15, 2024
PASSED AND ADOPTED by the Governing Board of the Housing Authority 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
13 Housing Authority of the City of Pittsburg

Housing Authority of the City of Pittsburg

ADMINISTRATIVE PLAN

FOR THE

HOUSING CHOICE VOUCHER PROGRAM

916 Cumberland Street
Pittsburg, CA 94565

Approved by the HACP Board: 3-20-20234-15-2024

Submitted to HUD:

Style Definition: Level 1 Bullet: Indent: Left: 0", Tab stops: Not at 1"
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14 Housing Authority of the City of Pittsburg

Permission to reprint granted only to the Public HACP or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.

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15 Housing Authority of the City of Pittsburg
Introduction

ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN

Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN

PART I: THE HACPPHA ......................................................................................... 1-1 1-I.A. Overview ..................................................................................... 1-1 1-I.B. Organization and Structure of the HACPPHA ............................. 1-2 1-I.C. HACPPHA Mission...................................................................... 1-2 1-I.D. The HACP’sPHA’s Programs ...................................................... 1-3 1-I. 3EE. The HACP’sPHA’s Commitment to Ethics and Service............... 1-3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ......................... 1-5 1-II.A. Overview and History of the Program ......................................... 1-5 1-II.B. HCV Program Basics .................................................................. 1-7 1-II.C. The HCV Partnerships ................................................................ 1-7 The HCV Relationships: ........................................................ 1-8 What Does HUD Do? ............................................................. 1-9 What Does the HACPPHA Do? ............................................. 1-9 What Does the Owner Do? .................................................. 1-10 What Does the Family Do? .................................................. 1-11 1-II.D. Applicable Regulations.............................................................. 1-12 PART III: THE HCV ADMINISTRATIVE PLAN ....................................................... 1-13 1-III.A. Overview and Purpose of the Plan ............................................ 1-13 1-III.B. Contents of the Plan (24CFR 982.54) ....................................... 1-13 Mandatory vs. Discretionary Policy ...................................... 1-15 1-III.C. Organization of the Plan ............................................................ 1-15 1-III.D. Updating and Revising the Plan ................................................ 1-15

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16 Housing Authority of the City of Pittsburg
Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY

PART I: NONDISCRIMINATION ............................................................................. 2-3 2-I.A. Overview ..................................................................................... 2-3 2-I.B. Nondiscrimination........................................................................ 2-4 Providing Information to Families and Owners ...................... 2-5 2-1.C Discrimination Complaints ........................................................... 2-5 General Housing Discrimination Complaints ......................... 2-5 Complaints under the Equal Access Final Rule
[Notice PIH 2014-20] ............................................................. 2-5 VAWA Complaint Processing [Notice FHEO 2023-01] .......... 2-6 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ...................... 2-7 2-II.A. Overview ..................................................................................... 2-7 2-II.B. Definition of Reasonable Accommodation .................................. 2-8 Types of Reasonable Accommodations ................................ 2-8 2-II.C. Request for an Accommodation .................................................. 2-9 2-II.D. Verification of Disability ............................................................. 2-10 2-II.E. Approval/Denial of a Requested Accommodation
[Joint Statement of the Departments of HUD and Justice:

Reasonable Accommodations under the Fair Housing Act,
Notice PIH 2010-26]. ................................................................. 2-11 2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments .............................................................. 2-12 2-II.G. Physical Accessibility ................................................................ 2-13 2-II.H. Denial or Termination of Assistance.......................................... 2-14 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) ............................................................. 2-15 2-III.A. Overview ................................................................................... 2-15 2-III.B. Oral Interpretation ..................................................................... 2-16 2-III.C. Written Translation .................................................................... 2-16 2-III.D. Implementation Plan ................................................................. 2-17 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201] ............... 2-1819

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17 Housing Authority of the City of Pittsburg
Chapter 3

ELIGIBILITY

PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS ..................... 3-3 3-I.A. Overview ..................................................................................... 3-3 3-I.B. Family and Household [24 CFR 982.201(c);5.403; FR Notice 02/03/12;
Notice PIH 2014-20; FR Notice 2/14/23] ..................................... 3-3 Family .................................................................................... 3-3 Household ............................................................................. 3-3 3-I.C. Family Breakup and Remaining Member of Tenant Family ........ 3-4 Family Breakup [24 CFR 982.315; Notice PIH 2017-08] ....... 3-4 Remaining Member of a Tenant Family [24 CFR 5.403] ........ 3-5 3-I.D. Head of Household [24 CFR 5.504(b)] ........................................ 3-5 3-I.E. Spouse, Cohead, and “Other” Adult ........................................... 3-5 3-I.F. DependentDependents and Minors [24 CFR 5.603] ................... 3-6 Joint Custody of Dependents ................................................. 3-6 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .................. 3-6 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12] .......................... 3-6 Elderly Persons ..................................................................... 3-6 Near-Elderly Persons ............................................................. 3-6 Elderly Family ........................................................................ 3-6 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] .................................................................... 3-7 Persons with Disabilities ........................................................ 3-7 Disabled Family ..................................................................... 3-7 3-I.J. Guests [24 CFR 5.100] ............................................................... 3-7

3.I.K. Foster Children and Foster Adults [24 CFR 5.603] ..................... 3-8 3-I.L. Absent Family Members ............................................................. 3-8 Definitions of Temporarily and Permanently Absent .............. 3-8 Absent Students .................................................................... 3-8 Absences Due to Placement in Foster Care [24 CFR 5.403] . 3-9 Absent Head, Spouse, or Cohead ......................................... 3-9 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] .................................................................. 3-9 Return of Permanently Absent Family Members ................... 3-9 3-I.M. Live-In Aide ............................................................................... 3-10 Formatted: Level Top Title
18 Housing Authority of the City of Pittsburg
PART II: BASIC ELIGIBILITY CRITERIA ............................................................... 3-11 3-II.A. Income Eligibility and Targeting ................................................ 3-11 Income Limits....................................................................... 3-11 Definitions of the Income Limits [24 CFR 5.603(b)] ............. 3-11 Using Income Limits for Eligibility [24 CFR 982.201]
and Notice PIH 2023-27 ...................................................... 3-11 Using Income Limits for Targeting [24 CFR 982.201] .......... 3-12 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] . 3- 13 Declaration [24 CFR 5.508] ................................................. 3-13 Mixed Families ..................................................................... 3-14 Ineligible Families [24 CFR 5.514(d), (e), and (f)] ................ 3-14 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] ................................................................ 3-15 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2012-102018-24] ..................................................... 3-15 3-II.D. Family Consent to Release of Information [24 CFR 5.230232; HCV GB, p. 5-13] .................................................................. 3-1615 3-II.E. Students Enrolled inIn Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16] ........ 3-1716 Definitions ........................................................................ 3-1716 Determining Student Eligibility ............................................. 3-20 3-II.F. EIV System Searches [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27] ........................................................... 3-21 Existing Tenant Search ........................................................ 3-21 Debts Owed to PHAs and Terminations .............................. 3-22 Income and Income Validation Tool (IVT) Reports .............. 3-22 Formatted: Tab stops: Not at 1.63"
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19 Housing Authority of the City of Pittsburg
PART III: DENIAL OF ASSISTANCE ...................................................................... 3-23 3-III.A. Overview ................................................................................... 3-23 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ..... 3- 2324
Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), 24 CFR 5.2005(b)] ......................... 3-2324 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a) and 24 CFR 982.552(b)(6)] ................................................... 3-2425 3-III.C. Restriction on Assistance Based on Assets [24 CFR 5.618] ..... 3-26 3-III.D. Other Permitted Reasons for Denial of Assistance .................. 3-2527 Criminal Activity [24 CFR 982.553] .................................. 3-2527 Previous Behavior in Assisted Housing [24 CFR 982.552(c)] .. 3- 28 ............................................................................................. 3-26 3-III.DE. Screening .............................................................................. 3-2730 Screening for Eligibility .................................................... 3-2730 Screening for Suitability as a Tenant [24 CFR 982.307] .. 3-2831 3-III.EF. Criteria for Deciding to Deny Assistance ............................... 3-2932 Evidence [24 CFR 982.553(c)]......................................... 3-2932 Consideration of Circumstances [24 CFR 982.552(c)(2)] 3-2932 Removal of a Family Member's Name from the Application .... 3- 3134
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] 3-3134 3-III.FG. Notice of Eligibility or Denial .................................................. 3-3235 3-III.GH. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking. and Human Trafficking .......................................................... 3-3336 Notification ....................................................................... 3-3336 Documentation................................................................. 3-3437 Exhibit 3-1: Detailed Definitions Related to Disabilities .......................................... 3-3530 Person with Disabilities [24 CFR 5.403] ........................... 3-3539 Individual with Handicaps [24 CFR 8.3] ........................... 3-3739 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] .. 3-39 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 18371937; Supplementary
Guidance;
Notice [Federal Register, April 10, 2006] ......................... 3-3943

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20 Housing Authority of the City of Pittsburg
Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION

PART I: THE APPLICATION PROCESS ................................................................ 4-3 4-I.A. Overview ..................................................................................... 4-3 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] ......................... 4-3 4-I.C. Accessibility of the Application Process ...................................... 4-4 Elderly and Disabled Populations [24 CFR 8 and HCV GB,
pp. 4-11 – 4-13] ..................................................................... 4-4 Limited English Proficiency .................................................... 4-4 4-I.D. Placement on the Waiting List ..................................................... 4-5 Ineligible for Placement on the Waiting List ........................... 4-5 Eligible for Placement on the Waiting List .............................. 4-5 PART II: MANAGING THE WAITING LIST .............................................................. 4-7 4-II.A. Overview ..................................................................................... 4-7 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205] ....... 4-7 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206] ............ 4-8 Closing the Waiting List ......................................................... 4-8 Reopening the Waiting List .................................................... 4-8 4-II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4] .................................. 4-9 4-II.E. Reporting Changes in Family Circumstances ........................... 4-10 4-II.F. Updating the Waiting List [24 CFR 982.204] ............................. 4-10 Purging the Waiting List ....................................................... 4-10 Removal from the Waiting List ............................................. 4-11 PART III: SELECTION FOR HCV ASSISTANCE ................................................... 4-13 4-III.A. Overview ................................................................................... 4-13 4-III.B. Selection and HCV Funding Sources ........................................ 4-13 Special Admissions [24 CFR 982.203] ................................ 4-13 Targeted Funding [24 CFR 982.204(e)] ............................... 4-13 Regular HCV Funding .......................................................... 4-13 4-III.C. Selection Method ...................................................................... 4-14 Local Preferences [24 CFR 982.207; HCV p. 4-16] ............. 4-14 Income Targeting Requirement [24 CFR 982.201(b)(2)] ..... 4-15 Order of Selection ................................ ................................ 4-15 4-III.D. Notification of Selection ............................................................. 4-16 4-III.E. The Application Interview .......................................................... 4-16 4-III.F. Completing the Application Process.......................................... 4-18

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21 Housing Authority of the City of Pittsburg
Chapter 5

BRIEFINGS AND VOUCHER ISSUANCE

PART I: BRIEFINGS AND FAMILY OBLIGATIONS ............................................... 5-1 5-I.A. Overview ..................................................................................... 5-1 5-I.B. Briefing [24 CFR 982.301] ........................................................... 5-2 Notification and Attendanceof Briefing ................................... 5-2 In-Person Briefings ................................................................ 5-2 Remote Briefings [Notice PIH 2020-32] ................................. 5-3 Accessibility Requirements for Persons with
Disabilities and LEP Individuals ............................................. 5-3 Conducting Remote Briefings ................................................ 5-4 Oral Briefing [24 CFR 982.301(a)] ....................................... 5-35 Briefing Packet [24 CFR 982.301(b)] ........... 5-4); New HCV GB, Housing Search and Leasing, p. 7] ........................................ 5-6 Additional Items to be Included in the Briefing Packet ......... 5-57 5-I.C. Family Obligations .................................................................... 5-68 Time Frames for Reporting Changes Required
by Family
Obligations ........................................................................... 5-68 Family Obligations [24 CFR 982.551] .................................. 5-68 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE ....................... 5-1113 5-II.A. Overview ............................................................................... 5-1113 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] .. 5-1113 5-II.C. Exceptions to Subsidy Standards ......................................... 5-1315 5-II.D. Voucher Issuance [24 CFR 982.302] .................................... 5-1416 5-II.E. Voucher Term and Extensions .............................................. 5-1517 Voucher Term [24 CFR 982.303] ..................................... 5-1517 Extensions of Voucher Term [24 CFR 982.303(b)] .......... 5-1517 Suspensions of Voucher Term [24 CFR 982.303(c)] ....... 5-1719 Expiration of Voucher Term ............................................. 5-1719

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22 Housing Authority of the City of Pittsburg
Chapter 6

INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]

PART I: ANNUAL INCOME..................................................................................... 6-2 6-I.A. Overview [24 CFR 5.609] ............................................................ 6-2 6-I.B. Household Composition and Income .......................................... 6-3 Overview ................................................................................ 6-3 Summary of Income Included and Excluded by Person ........ 6-3 Temporarily Absent Family Members .................................... 6-4 Family Members Permanently Confined for Medical Reasons 6- 5 ............................................................................................... 6-5 Joint Custody of Dependents ................................................. 6-5 Caretakers for a Child ............................................................ 6-6 6-I.C. Calculating Annual Income ........................................................ 6-7 Anticipating Annual Income [24 CFR 5.609(c)(1)].................. 6-7 Basis ofCalculating Annual Income Projection ...................... 6-7 Projecting Incomeat Annual Reexamination
[24 CFR.609(c)(2); Notice PIH 2023-27] ................................ 6-8 6-I.D. Earned Income ............................................................................ 6-9 Types of Earned Income Included in Annual Income............. 6-9 Types of Earned Income Not Counted in Annual Income ...... 6-9 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617:; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27] ...................... 6-1311 Eligibility ............................................................................... 6-13 Calculation of the Disallowance ....................................... 6-1411 Original Calculation Method ............................................. 6-1411 Revised Calculation Method ................................................ 6-15 6-I.F. Business and Self-Employment Income [24 CFR 5.609(b)(2)] ...... 6- 1628);
Notice PIH 2023-27] .................................................................. 6-12 Business Expenses ............................................................. 6-16 Independent Contractors ..................................................... 6-12 Business Expansion ........................................................ 6-1612 Capital Indebtedness ....................................................... 6-1613 Negative Business Income .............................................. 6-1713 Withdrawal of Cash or Assets from a Business ............... 6-1713 Co-owned Businesses ..................................................... 6-1713 Assets Owned by a Business Entity .................................... 6-13 6-I.G. Assets Student Financial Assistance [FR Notice 2/14/23 and Notice PIH 2023-27] ........................................................... 6-14 Introduction .......................................................................... 6-14 Pre-HOTMA Section 8 Student Financial Assistance
Limitation [FR 4/10/06; Notice PIH 2015-21] ....................... 6-14 Formatted: Level Top Title
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23 Housing Authority of the City of Pittsburg
HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(3); 24 CFR 5.603(b9)] ......................... 6-1815 Overview .............................................................................. 6-17 General Policies................................................................... 6-18 Types of AssetsAssistance .............................................. 6-2216 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27 ............................................................. 6-17 Formatted: Level 3
24 Housing Authority of the City of Pittsburg
6-I.H. Periodic Payments ................................................................ 6-2220 Periodic Payments Included in Annual Income .................... 6-26 Lump-Sum Payments for the Delayed Start of a
Periodic Payment............................. 6-26 [24 CFR 5.609(b)(16)] ............................................................................................. 6-20 Treatment of Overpayment Deductions from
Retirement Accounts [24 CFR 5.609(b)(26);
Notice PIH 2023-27] ............................................................ 6-21 Social Security Benefits [Notice PIH 2023-27] ................. 6-2621 Periodic Payments Excluded from Annual Income .............. 6-27 6-I.I. Payments In Lieu of Earnings ................................................... 6-28 Alimony and Child Support .................................................. 6-22 6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) and
Notice PIH 2023-27] .................................................................. 6-23 6-I.J. Welfare Assistance ............................................................... 6-2924 Overview .......................................................................... 6-2924 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ................................................................ 6-2924 6-I.K. Periodic and Determinable AllowancesState Payments to Allow Individuals with Disabilities to
Live at Home [24 CFR 5.609(b)(719)] ................................. 6-3025 Alimony and Child Support .................................................. 6-30 Regular Contributions or Gifts ............................................. 6-30 6-I.L. Student Financial Assistance Civil Rights Settlements [24 CFR

5.609(b)(9);
25);
FR Notice PIH 2015-212/14/23] ............................................ 6-3125 Student Financial Assistance Included in6-I.M. ... Additional Exclusions From Annual Income
[24 CFR 5.609(b)(9)); FR 4/10/06; Notice PIH 2015-21])] ......... 6-26 PART II: ASSETS .................................................................................................. 6-31 6-II.A. Overview ................................................................................... 6-31 Student Financial Assistance Excluded from Annual Income 6-II.B. ....Assets Disposed of for Less Than Fair Market Value
[24 CFR 5.609(c)(6603(b)(2)] .................................................... 6-32 6-I.M. AdditionalII.C. Asset Inclusions and Exclusions from Annual Income 6- 33
6-II.D. Determining Income from Assets .............................................. 6-42 PART IIIII: ADJUSTED INCOME .......................................................................... 6-3745 6-IIIII.A. Introduction ........................................................................... 6-3745 Overview .......................................................................... 6-3745 Anticipating Expenses ..................................................... 6-3745 6-IIIII.B. Dependent Deduction ........................................................... 6-3846 6-IIIII.C. Elderly or Disabled Family Deduction ................................... 6-3846 6-IIIII.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b)]..................................... 6-3947 Formatted: Indent: Left: 0.88", Hanging: 0.75"
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25 Housing Authority of the City of Pittsburg
Definition of Medical Expenses ........................................ 6-3947 Summary of AllowableFamilies That Qualify for Both and
Medical Expenses from IRS
Publication 502 .................................................................... 6-39 Families That Qualify for Both Medical and and
Disability
Assistance Expenses ....................................................... 6-4047 6-IIIII.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] .......................................................... 6-4148 Earned Income Limit on the Disability Assistance
Expense Deduction.......................................................... 6-4148 Eligible Disability Expenses ................................................. 6-42 Necessary and Reasonable Expenses ............................ 6-4349 Families That Qualify for Both Health and Medical and
Disability
Assistance Expenses ....................................................... 6-4349 26 Housing Authority of the City of Pittsburg
6-IIIII.F. Childcare Expense Deduction ............................................... 6-4450 Clarifying the Meaning of Child for This Deduction .......... 6-4450 Qualifying for the Deduction ............................................ 6-4450 Earned Income Limit on Childcare Expense Deduction ... 6-4651 Eligible Childcare Expenses ............................................ 6-4752 6-III.G. Hardship Exemptions [24 CFR 5.611(c), (d), and (e)] ............... 6-53 Health and Medical Care and Disability Assistance
Expenses [24 CFR 5.611(c); Notice PIH 2023-27] .............. 6-53 Phased-In Relief .................................................................. 6-53 General Relief`..................................................................... 6-54 Childcare Expense Hardship Exemption [24 CFR 5.611(d)
and Notice PIH 2023-27] ..................................................... 6-56 6-III.H. Permissive Deductions [24 CFR 5.611(b)(1)(ii)] ........................ 6-58 PART IIIIV: CALCULATING FAMILY SHARE AND HACPPHA SUBSIDY ............. 6-4959 6-IIIIV.A. Overview of Rent and Subsidy Calculations ......................... 6-4959 TTP Formula [24 CFR 5.628] .......................................... 6-4959 Family Share [24 CFR 982.305(a)(5)] .............................. 6-4959 HACPPHA Subsidy [24 CFR 982.505(b)] ........................ 6-5060 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] . 6-5060 6-IIIIV.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] ...... 6- 5161
Overview .......................................................................... 6-5161 HUD-Defined Financial Hardship ..................................... 6-5161 Implementation of Hardship Exemption ........................... 6-5361 6-IIIIV.C. Applying Payment Standards [24 CFR 982.505; 982.503(b)] 6-5664 Overview .......................................................................... 6-5664 Changes in Payment Standards ...................................... 6-5664 Reasonable Accommodation ........................................... 6-5765 6-IIIIV.D. Applying Utility Allowances [24 CFR 982.517] ...................... 6-5866 Overview .......................................................................... 6-5866 Reasonable Accommodation .............. 6-58 and Individual Relief ............................................................................................. 6-66 Utility Allowance Revisions .............................................. 6-5867

6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ....... 6-5968 Exhibit 6-1: Annual Income Inclusions ........................................................................ 6-61 HHSFull Definition of "Assistance" ......................................................................... 6-6269 Exhibit 6-2: Annual Income Exclusions ...................................................................... 6-64 Exhibit 6-3: Treatment of Family Assets ................................................................. 6-6674 Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities ..................... 6-67 Exhibit 6-53: ........................................................The Effect of Welfare Benefit Reduction ............................................................................................................ 6-6975

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27 Housing Authority of the City of Pittsburg
Chapter 7

VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-182023-27]

PART I: GENERAL VERIFICATION REQUIREMENTS.......................................... 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516 and ;
982.551, 24; CFR 5.230; and Notice PIH 2023-27] ..................... 7-1 Consent Forms ...................................................................... 7-1 Form HUD-9886 [24 CFR 5.230(b)(1), b(2), (c)(4), and (c)(5); and Notice PIH 2023-27] ....................................................... 7-2 Penalties for Failing to Consent [24 CFR 5.232] .................. 7-13 7-I.B. Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023-27] ............................ 7-4 7-I.C. Streamlined Income Determinations [24 CFR 960.257(c); Notice PIH 2023-27] .................................................................... 7-8 7-I.D. 7-I.B. ....................................Overview of Verification Requirements 7-2
HUD’s Verification Hierarchy [Notice PIH 2010-182023-27] .................. 7-210 Requirements for Acceptable Documents ............................. 7-2 File Documentation ............................................................ 7-310 7-I.E. Level 5 and 6 Verification: 7-I.C. Up-Front Income Verification (UIV) 7- 311
Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) ............................... 7-411 Upfront Income Verification Using Non-HUD
Systems (Optional) ............................................................ 7-514 7-I.D. Third-Party Written and OralF. ........ Level 4 Verification [Notice PIH 2023-27] .................................................................................. 7-615 EIV +_Self-Certification........................................................ 7-15 Written Third-Party Verification [Notice PIH 2010-18]from the Source ............................................................................... 7-615 Written Third-Party7-I.G. ........ Level 3 Verification: Written, Third-Party Form [Notice PIH 2023-27] ............................................................... 7-717

7.I.H. Level 2: Oral Third-Party Verification [Notice PIH 2010-182023-27] 7- 717
When Third-Party Verification is Not Required
[Notice PIH 2010-182023-27] ............................................ 7-818 7-I.E. I. ........................... Level 1: Non-Third-Party Verification Technique:

Self-Certification [Notice PIH 2023-27].................................... 7-919 PART II: VERIFYING FAMILY INFORMATION ................................................. 7-1121 7-II.A. Verification of Legal Identity .................................................. 7-1121 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2012-102023- 27] ......................................................................................... 7-1222 7-II.C. Documentation of Age........................................................... 7-1424 7-II.D. Family Relationships ............................................................. 7-1425 Formatted: Level Top Title
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28 Housing Authority of the City of Pittsburg
Marriage .......................................................................... 7-1425 Separation or Divorce ...................................................... 7-1525 Absence of Adult Member ............................................... 7-1525 Foster Children and Foster Adults ................................... 7-1525 7-II.E. Verification of Student Status ................................................ 7-1626 General Requirements ..................................................... 7-1626 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ....................................... 7-1626 29 Housing Authority of the City of Pittsburg
7-II.F. Documentation of Disability ................................................... 7-1727 Family Members Receiving SSA Disability Benefits ........ 7-1828 Family Members Not Receiving SSA Disability Benefits .. 7-1828 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] .... 7-1829 Overview .......................................................................... 7-1829 U.S. Citizens and Nationals ............................................. 7-1829 Eligible Immigrants .......................................................... 7-2030 7-II.H. Verification of Preference Status ........................................... 7-2030 PART III: VERIFYING INCOME AND ASSETS .................................................. 7-2131 7-III.A. Earned Income ...................................................................... 7-2131 Tips .................................................................................. 7-2131 Wages ................................................................................. 7-31 7-III.B. Business and Self Employment Income ................................ 7-2132 7-III.C. Periodic Payments and Payments In Lieu of Earnings.......... 7-2232 Social Security/SSI Benefits [Notice PIH 2023-27] .......... 7-2232 7-III.D. Alimony or Child Support [Notice PIH 2023-27] .................... 7-2334 7-III.E. NONRECURRING INCOME [Notice PIH 2023-27] ...................... 7-34 7-III.F. Assets and Income from Assets ............................................ 7-2435 Net Family Assets [24 CFR 5.603]....................................... 7-35 Self-Certification of Real Property Ownership
[24 CFR 5.618(b)(2)] ............................................................ 7-36 7-III.G. Assets Disposed of for Less thanThan Fair Market Value .... 7-2437 7-III.FH. Net Income from Rental Property .......................................... 7-2237 7-III.G. 7- III.I. .................... Federal Tax Refunds or Refundable Tax Credits [Notice PIH 2023-27] ................................................................. 7-38 7-III.J. Retirement Accounts ............................................................. 7-2538 7-III.HK. Income fromFrom Excluded Sources [Notice PIH 2023-27] .. 7-2638 7-III.IL. Zero Annual Income Status ...... 7-26 Reviews [Notice PIH 2023-27] 7- 39
7-III.JM. Student Financial Assistance [24 CFR 5.609(b)(9)] .............. 7-2740 7-III.KL. Parental Income of Students Subject to Eligibility Restrictions ..... 7- 2841
PART IV: VERIFYING MANDATORY DEDUCTIONS ......................................... 7-2942 7-IV.A. Dependent and Elderly/Disabled Household Deductions ...... 7-2942 Dependent Deduction ...................................................... 7-2942 Elderly/Disabled Family Deduction .................................. 7-2742 7-IV.B. Health and Medical Care Expense Deduction ....................... 7-3044 Amount of Expense ......................................................... 7-3044 Eligible Household ........................................................... 7-3145 Qualified Expenses .......................................................... 7-3145 Unreimbursed Expenses ................................................. 7-3145 Expenses Incurred in Past Years..................................... 7-3145 7-IV.C. Disability Assistance Expenses ............................................. 7-3246 Amount of Expense ......................................................... 7-3246 Family Member is a Person with Disabilities .................... 7-3348 Family Member(s) Permitted to Work .............................. 7-3348 Formatted: Level 2
30 Housing Authority of the City of Pittsburg
Unreimbursed Expenses ................................................. 7-3348 31 Housing Authority of the City of Pittsburg
7-IV.D. Childcare Expenses .............................................................. 7-3449 Eligible Child .................................................................... 7-3449 Unreimbursed Expense ................................................... 7-3449 Pursuing an Eligible Activity ............................................ 7-3550 Allowable Type of Childcare ............................................ 7-3651 Reasonableness of Expenses ......................................... 7-3651 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ................................................................ 7-3752

32 Housing Authority of the City of Pittsburg
Chapter 8

HOUSING QUALITY STANDARDS AND RENT REASONABLENESS

DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507}]

PART I: PHYSICAL STANDARDS .......................................................................... 8-2 8-I.A. General HUD Requirements ....................................................... 8-2 HUD Performance and Acceptability Standards .................... 8-2 Tenant Preference Items ....................................................... 8-2 Modifications to Provide Accessibility .................................... 8-3 8-I.B. Additional Local Requirements ................................................... 8-4 Thermal Environment [HCV GB p.10-7] ................................. 8-4 Clarifications of HUD Requirements ...................................... 8-5 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a);
FR Notice 1/18/17] ...................................................................... 8-6 8-I.D. Owner and Family Responsibilities [24 CFR 982.404] ................ 8-9 Family Responsibilities .......................................................... 8-9 Owner Responsibilities .......................................................... 8-7 8-I-E. Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13] .................................................................. 8-10 8-I-F. Violation of HQSNSPIRE Space Standards
[24 CFR 982.401, 24 CFR 982.403].......................................... 8-10 PART II: THE INSPECTION PROCESS ................................................................ 8-11

8-II.A. Overview [24 CFR 982.405] ...................................................... 8-11 Types of Inspections ............................................................ 8-11 Inspection of HACPPHA-Owned Units [24 CFR 982.352(b)] ... 8- 11 Inspection Costs [Notice PIH 2016-05] ................................ 8-12 Remote Video Inspections (RVIs) [Notice PIH 2020-31] ...... 8-12 Notice and Scheduling ......................................................... 8-12 Owner and Family Inspection Attendance ....................... 8-1213 8-II.B. Initial HQSNSPIRE Inspection [24 CFR 982.401(a)] ................. 8-13 Initial Inspections [FR Notice 1/18/17] ................................. 8-13 Timing of Initial Inspections ................................................. 8-13 Inspection Results and Re-inspectionsReinspections ..... 8-1314 Utilities ................................................................................. 8-14 Appliances [Form HUD-52580] ............................................ 8-14 8-II.C. Annual/Biennial HQSNSPIRE Inspections [24 CFR 982.405 and 982.406;
Notice PIH 2016-05] .................................................................. 8-15 Scheduling the Inspection .................................................... 8-15 8-II.D. Special Inspections [24 CFR 982.405(g)] .................................. 8-15

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8-II.E. Quality Control Inspections [24 CFR 982.405(b), );
24 CFR 985.3(e); HCV GB, p. 10-32]....................................... 8-16 34 Housing Authority of the City of Pittsburg
8-II.F. Inspection Results and Re-inspectionsReinspections for Units Under
HAP Contract ............................................................................ 8-16 Notification of Corrective Actions ......................................... 8-16 Extensions ........................................................................... 8-17 Re-inspectionsReinspections .............................................. 8-17 8-II.G. Enforcing Owner Compliance ................................................... 8-18 HAP Abatement ................................................................... 8-18 HAP Contract Termination ................................................... 8-18 8-II.H. Enforcing Family Compliance with HQSNSPIRE [24 CFR 982.404(b)] ................................................................................ 8-18 PART III: RENT REASONABLENESS [24 CFR 982.507] .................................. 8-1819 8-III.A. Overview ............................................................................... 8-1819 HACPPHA-Owned Units [24 CFR 982.352(b)] ................ 8-1819 8-III.B. When Rent Reasonableness Determinations Are Required ..... 8-20 Owner-Initiated Rent Determinations ................................... 8-20 HACPPHA- and HUD-Initiated Rent Reasonableness
Determinations............................................................................ ............................................................................................. 8-20 LIHTC- and HOME-Assisted Units [24 CFR 982.507©(c) ... 8-21 8-III.C. How Comparability Is Established ............................................. 8-21 Factors to Consider ............................................................. 8-21 Units that Must Not be Used as ComparableComparables . 8-21 Rents Charged for Other Units on the Premises ................. 8-22 8-III.D. HACPPHA Rent Reasonableness Methodology ....................... 8-23 How Market Data Is Collected ............................................. 8-23 How Rents Are Determined ................................................. 8-23 Exhibit 8-1: Overview of HUD Housing Quality Standards ......................................... 8-25 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ......... 8-29

35 Housing Authority of the City of Pittsburg
Chapter 9

GENERAL LEASING POLICIES

9-I.A. Tenant Screening ........................................................................ 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517] ..................... 9-3 9-I.C. Owner Participation ..................................................................... 9-4 9-I.D. Eligible Units ............................................................................... 9-5 Ineligible Units [24 CFR 982.352(a)] ...................................... 9-5 HACPPHA-Owned Units [24 CFR 982.352(b)] ...................... 9-5 Special Housing Types [24 CFR 982 Subpart M] .................. 9-5 Duplicative Assistance [24 CFR 982.352(c)] ......................... 9-6 Housing Quality Standards (HQSNSPIRE) [24 CFR 982.305
and
24 CFR 982.401] ................................................................... 9-6 Unit Size ................................................................................ 9-7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507] ............................................................................................... 9-7 ............................................................................................... 9-7 Rent Burden [24 CFR 982.508] ............................................. 9-7 9-I.E. Lease and Tenancy Addendum .................................................. 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308] ...... 9-8 Lease Information [24 CFR 982.308(d)] ................................ 9-8 Term of Assisted Tenancy ..................................................... 9-9 Security Deposit [24 CFR 982.313 (a) and (b)] ...................... 9-9 Separate Non-Lease Agreements between Owner and Tenant
............................................................................................. 9-10 ............................................................................................. 9-10 HACPPHA Review of Lease ................................................ 9-11 9-I.F. Tenancy Approval [24 CFR 982.305] ........................................ 9-12 9-I.G. HAP Contract Execution [24 CFR 982.305] .............................. 9-13 9-I.H. Changes in Lease or Rent [24 CFR 982.308] ........................... 9-14

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36 Housing Authority of the City of Pittsburg
Chapter 10

MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY

PART I: MOVING WITH CONTINUED ASSISTANCE .......................................... 10-1 10-I.A. Allowable Moves ....................................................................... 10-1 10-I.B. Restrictions onOn Moves .......................................................... 10-3 Denial of Moves ................................................................... 10-3 Restrictions on Elective Moves [24 CFR 982.354(c)]........... 10-4 10-I.C. Moving Process ........................................................................ 10-5 Notification ........................................................................... 10-5 Approval .............................................................................. 10-5 Reexamination of Family Income and Composition ............. 10-5 Voucher Issuance and Briefing ............................................ 10-5 Housing Assistance Payments [24 CFR 982.311(d)] ........... 10-6 Zero HAP Families Who Wish to Move [24 CFR 982.455] .. 10-6 PART II: PORTABILITY ......................................................................................... 10-7 10-II.A. Overview ................................................................................... 10-7 10-II.B. Initial HACPPHA Role ............................................................... 10-8 Allowable Moves under Portability ....................................... 10-8 Determining Income Eligibility .............................................. 10-9 Reexamination of Family Income and Composition ............. 10-9 Briefing .............................................................................. 10-10 Voucher Issuance and Term .............................................. 10-10 Voucher Extensions and Expiration ................................... 10-10 Preapproval Contact with the Receiving PHA .................... 10-11 Initial Notification to the Receiving PHA ............................. 10-11 Sending Documentation to the Receiving PHA ................. 10-12 Initial Billing Deadline [Notice PIH 2016-09] ...................... 10-13 Monthly Billing Payments [Notice PIH 2016-09] ................ 10-14 Annual Updates of Form HUD-50058 ................................ 10-14 Denial or Termination of Assistance [24 CFR 982.355(c)(17)] ........................................................................................... 10-14 ........................................................................................... 10-14 10-II.C. Receiving PHA Role................................................................ 10-15 Responding to Initial PHA’s Request [24 CFR 982.355(c)] 10-15 Initial Contact with Family .................................................. 10-15 Briefing .............................................................................. 10-16 Income Eligibility and Reexamination ................................ 10-16 Voucher Issuance .............................................................. 10-17 Notifying the Initial PHA ..................................................... 10-18 Administering a Portable Family’s Voucher ....................... 10-18 Absorbing a Portable Family .............................................. 10-22

Formatted: Level Top Title
37 Housing Authority of the City of Pittsburg
Chapter 11

REEXAMINATIONS

PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] .................................... 11-1 11-I.A. Overview ................................................................................... 11-1 11-I.B. Streamlined Annual Reexaminations [24 CFR 982.516(b)]....... 11-2 11-I.C. Scheduling Annual Reexaminations........................................ 11-32 Notification of and Participation in the Annual
Reexamination Process ..................................................... 11-32 11-I.DC. Conducting Annual Reexaminations ....................................... 11-43 11-I.ED. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................... 11-65 11-I.E. Calculating Annual Income at Annual Reexamination [24 CFR 5.609(c)(2) and Notice PIH 2023-27] .......................... 11-6 11-I.F. Effective Dates ........................................................................ 11-78 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27] .. 11-9 11-II.A. Overview ................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ...................... 11-9 Reporting ............................................................................. 11-9 New Family Members Not Requiring PHA Approval ............ 11-9 New Family and Household Members Requiring Approval 11-10 Departure of a Family or Household Member .................... 11-11 11-II.C. Changes Affecting Income or Expenses ................................. 11-12 PHA-Initiated Interim Reexaminations ............................... 11-12 Family-Initiated Overview .................................................. 11-12 Interim Decreases [24 CFR 982.516(c)(2)
and Notice PIH 2023-27] ................................................... 11-12 Interim ReexaminationsIncreases [24 CFR 982.516(c)(3) and Notice PIH 2023-27] .......................................................... 11-13 11-II.D. Processing the Interim Reexamination.................................... 11-14 Method of Reporting .......................................................... 11-14 Effective Dates .................... 11-14 [24 CFR 982.516(e) and Notice 2023-27] 11-16
Changes Reported Timely [Notice PIH 2023-27] ............... 11-17 Changes Not Reported Timely [Notice PIH 2023-27] ........ 11-17 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT ....... 11-1519 11-III.A. Overview ............................................................................. 11-1519 11-III.B. Changes inIn Payment Standards and Utility Allowances ... 11-1519 Payment Standards [24 CFR 982.505] .......................... 11-1519 Subsidy Standards [24 CFR 982.505(c)(4)] ................... 11-1620 Utility Allowances [24 CFR 982.517(d)] ......................... 11-1620 11-III.C. Notification of New Family Share and HAP Amount............ 11-1620 11-III.D. Discrepancies ..................................................................... 11-1621

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Formatted: Level 2
38 Housing Authority of the City of Pittsburg
PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS
[Notice PIH 2023-27] ............................................................................. 11-23 Exhibit 11-1: ............................................... Calculating Income at Annual Reexamination .............................................................................................................. 11-25 39 Housing Authority of the City of Pittsburg
Chapter 12

TERMINATION OF ASSISTANCE AND TENANCY

PART I: GROUNDS FOR TERMINATION OF ASSISTANCE .............................. 12-1 12-I.A. Overview ................................................................................... 12-1 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455] ....... 12-1 12-I.C. Family Chooses to Terminate Assistance ................................. 12-2 12-I.D. Mandatory Termination of Assistance ....................................... 12-2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)] ....... 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)] ............ 12-2 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] .......................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012-102018-24] .................. 12-3 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)] .................................................... 12-3 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06] ....... 12-3 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-39] ............................................................ 12-4 12-I.E. Mandatory Policies and Other Authorized Terminations ........... 12-4 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] ..... 12-4 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), 24 CFR 5.2005(c), 24 CFR 984.101(d)] 12- 7 PART II: APPROACH TO TERMINATION OF ASSISTANCE ............................. 12-11 12-II.A. Overview ................................................................................. 12-11 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ...................... 12-11 12-II.C. Alternatives to Termination of Assistance ............................... 12-11 Change in Household Composition ................................... 12-11 Repayment of Family Debts .............................................. 12-11

12-II.D. Criteria for Deciding to Terminate Assistance ......................... 12-12 Evidence ............................................................................ 12-12 Use of Criminal Conviction Records
after Admission [24 CFR 5.903] ......................................... 12-12 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)] 12-12 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] .. 12-13 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault or, Stalking, or Human Trafficking .................. 12-14 VAWA Protections against Terminations ........................... 12-14 Limitations on VAWA Protections
[24 CFR 5.2005(d) and (e)] ................................................ 12-15 Documentation of Abuse [24 CFR 5.2007] ........................ 12-16 Formatted: Level Top Title
40 Housing Authority of the City of Pittsburg
Terminating the Assistance of a Domestic
Violence Perpetrator .......................................................... 12-16 12-II.F. Termination Notice .................................................................. 12-18 41 Housing Authority of the City of Pittsburg
PART III: TERMINATION OF TENANCY BY THE OWNER ............................. 12-1819 12-III.A. Overview ............................................................................. 12-1819 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310, 24 CFR 5.2005(c), and
Form HUD-52641-A, Tenancy Addendum] ......................... 12-1819 Serious or Repeated Lease Violations ........................... 12-1819 Violation of Federal, State, or Local Law ....................... 12-1819 Criminal Activity or Alcohol Abuse ................................. 12-1819 Other Good Cause............................................................. 12-20 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] ............................................................... 12-21 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)] .......................... 12-20 12-III.E. Effect of Tenancy Termination on the Family’s Assistance ..... 12-22 Exhibit 12-1: ................................................................... Statement of Family Obligations .............................................................................................................. 12-23

42 Housing Authority of the City of Pittsburg
Chapter 13
OWNERS

PART I: OWNERS IN THE HCV PROGRAM ........................................................ 13-3 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs] ........................... 13-3 Recruitment ......................................................................... 13-3 Retention ............................................................................. 13-4 13-I.B. Basic HCV Program Requirements ........................................... 13-5 13-I.C. Owner Responsibilities [24 CFR 982.452] ................................ 13-7 13-I.D. Owner Qualifications ................................................................. 13-8 Owners Barred from Participation [24 CFR 982.306(a) and (b)] ............................................................................................. 13-8 ............................................................................................. 13-8 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] 13-8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-188-19; Form HUD-52641, Section 13]............................................. 13-8 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)] ............................. 13-10 Legal Ownership of Unit .................................................... 13-11 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641] ......... 13-11 PART II: HAP CONTRACTS ................................................................................ 13-13 13-II.A. Overview ................................................................................. 13-13 13-II.B. HAP Contract Contents ........................................................... 13-14 13-II.C. HAP Contract Payments ......................................................... 13-16 General .............................................................................. 13-16 Owner Certification of Compliance .................................... 13-16 Late HAP Payments [24 CFR 982.451(a)(5)] .................... 13-17 Termination of HAP Payments [24 CFR 982.311(b)] ......... 13-17 13-II.D. Breach of HAP Contract [24 CFR 982.453] ............................. 13-18 13-II.E. HAP Contract Term and Terminations ................................ 13-1819 13-II.F. Change inIn Ownership / Assignment of the HAP Contract [HUD-52641] ........................................................................... 13-21

13-II.G. Foreclosure [Notice PIH 2010-49] ........................................... 13-22 Formatted: Level Top Title, Space After: 6 pt
43 Housing Authority of the City of Pittsburg
Chapter 14

PROGRAM INTEGRITY

PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ................................................................................ 14-3 14-I.A. Preventing Errors and Program Abuse ..................................... 14-3 14-I.B. Detecting Errors and Program Abuse ....................................... 14-4 Quality Control and Analysis of Data ................................... 14-4 Independent Audits and HUD Monitoring ............................ 14-4 Individual Reporting of Possible Errors and Program Abuse 14-4 14-I.C. Investigating Errors and Program Abuse .................................. 14-5 When the PHA Will Investigate ............................................ 14-5 Consent to Release of Information [24 CFR 982.516] ......... 14-5 Analysis and Findings .......................................................... 14-5 Consideration of Remedies ................................................. 14-6 Notice and Appeals.............................................................. 14-6 PART II: CORRECTIVE MEASURES AND PENALTIES ....................................... 14-7 14-II.A. Subsidy Under- or Overpayments ............................................. 14-7 Corrections .......................................................................... 14-7 Reimbursement ................................................................... 14-7 14-II.B. Family-Caused Errors and Program Abuse .............................. 14-8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13] ............................................................................................. 14-8 ............................................................................................. 14-8 PHA Reimbursement to Family [HCV GB p. 22-12] ............. 14-8 Prohibited Actions ................................................................ 14-9 Penalties for Program Abuse ............................................... 14-9 14-II.C. Owner-Caused Error or Program Abuse ................................. 14-10 Owner Reimbursement to the PHA.................................... 14-10 Prohibited Owner Actions .................................................. 14-10 Remedies and Penalties .................................................... 14-11 14-II.D. PHA-Caused Errors or Program Abuse .................................. 14-12 Repayment to the PHADe Minimis Errors [24 CFR 5.609(c)(4)] ........................................................................................... 14-12 PHA Reimbursement to Family or Owner .......................... 14-12 Prohibited Activities ....................................................... 14-1213 14-II.E. Criminal Prosecution ........................................................... 14-1314 14-II.F. Fraud and Program Abuse Recoveries ................................... 14-14

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44 Housing Authority of the City of Pittsburg
Chapter 15

SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M; New HCV GB, Special Housing Types] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605; Form HUD-52641; New HCV GB, Special Housing Types, p. 4] ............ 15-3 15-I.A. Overview ................................................................................... 15-3 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation ..... 15-3 15-I.C. Housing Quality Standards (HQSNSPIRE) ............................... 15-3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609; Form HUD-52641; New HCV GB, Special Housing Types, p. 6] ............ 15-5 15-II.A. Overview ................................................................................... 15-5 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation ..... 15-6 15-II.C. Housing Quality Standards ....................................................... 15-6 PART III: GROUP HOME [24 CFR 982.610 through 982.614 ; Form HUD-52641; and New HCV GB, Special Housing Types, p. 7-48] .............................. 15-7 15-III.A. Overview ................................................................................... 15-7 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation ..... 15-7 15-III.C. Housing Quality Standards ....................................................... 15-8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618] .... 15-9; Form HUD- 52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11] .............................................................................................................. 15-11 15-IV.IA. Overview ............................................................................... 15-911 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation .. 15-913 15-IV.C. Housing Quality Standards ................................................. 15-1014 PART V: COOPERATIVE HOUSING [24 CFR 982.618619; New HCV GB, Special Housing Types, p. 14] .......................................................... 15-1115 15-V.A. Overview ............................................................................. 15-1115 15-V.B. Payment Standard, Utility Allowance and HAP Calculation 15-1115 15-V.C. Housing Quality Standards ................................................. 15-1115 PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17] ...... 15-13; New HCV GB, Special Housing Types, p. 15;] .............................................................................................................. 15-17 15-VI.A. Overview ............................................................................. 15-1317 15-VI.B. Special PoliciesRequirements for Manufactured Homeowners Who Lease A Space ........................................................... 15-1317 Family Income ............................................................... 15-1317 Lease and HAP Contract ............................................... 15-1317 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation [FR Notice 1/18/17] ............................................................. 15-1418 Payment Standards ....................................................... 15-1418 Utility Allowance............................................................. 15-1418 Space Rent .................................................................... 15-1418 Amortization Costs......................................................... 15-1519 Housing Assistance Payment ........................................ 15-1519 Formatted: Level Top Title
Formatted: Centered, Indent: Left: 0", First line: 0" 45 Housing Authority of the City of Pittsburg
Rent Reasonableness ................................................... 15-1519 15-VI.D. Housing Quality Standards ................................................. 15-1620 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ................. 15-1721 15-VII.A. Overview [24 CFR 982.625] ................................................ 15-1721 15-VII.B. Family Eligibility [24 CFR 982.627] ..................................... 15-1822 15-VII.C. Selection of Families [24 CFR 982.626] .............................. 15-1824 15-VII.D. Eligible Units [24 CFR 982.628] .......................................... 15-1825 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ................................................................ 15-2027 15-VII.F. Homeownership Counseling [24 CFR 982.630] .................. 15-2128 15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631] ...................................................... 15-2229 Home Inspections .......................................................... 15-2229 Contract of Sale ............................................................. 15-2230 Disapproval of a Seller ................................................... 15-2230 15-VII.H. FinancingFINANCING [24 CFR 982.632] ............................ 15-2331 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ................................................................ 15-2332 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634] ... 15- 2433
15-VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635] ............................................... 15-2434 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................................................... 15-2736 15-VII.M. Moving with Continued Assistance [24 CFR 982.637] ....... 15-2737 15-VII.N. Denial or Termination of Assistance [24 CFR 982.638] ...... 15-2838

46 Housing Authority of the City of Pittsburg
Chapter 16

PROGRAM ADMINISTRATION

PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ........................... 16-3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES ....................... 16-5 16-II.A. Overview ................................................................................... 16-5 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7] .... 16-5 Updating Payment Standards .............................................. 16-6 Exception Payment Standards [24 CFR 982.503(c)])(5),
Notice PIH 2018-01, FR Notice 9/27/21] .............................. 16-7 Voluntary Use of Small Area FMRs
[24 CFR 982.503, Notice PIH 2018-01] ............................... 16-7 Unit-by-Unit Exceptions [24 CFR 982.503(b),
24 CFR 982.505(d), Notice PIH 2010-26] ............................ 16-7 "Success Rate" Payment Standard Amounts
[24 CFR 982.503(e)] ............................................................ 16-8 Decreases in the Payment Standard below
the Basic Range [24 CFR 982.503(d)] ................................. 16-8 16-II.C. Utility Allowances [24 CFR 982.517] ......................................... 16-9 Air Conditioning ................................................................... 16-9 Reasonable Accommodation and Individual Relief .......... 16-910 Utility Allowance Revisions .............................................. 16-910 PART III: INFORMAL REVIEWS AND HEARINGS .............................................. 16-11 16-III.A. Overview ................................................................................. 16-11 16-III.B. Informal Reviews..................................................................... 16-11 Decisions Subject to Informal Review
[24 CFR 982.554(a) and (c)] .............................................. 16-11 Notice to the Applicant [24 CFR 982.554(a)] ..................... 16-12 Scheduling an Informal Review ......................................... 16-12 Informal Review Procedures [24 CFR 982.554(b)] ............ 16-12 Remote Informal Reviews [Notice PIH 2020-32] ............... 16-13 Conducting Remote Informal Reviews ............................... 16-14 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ........................................................... 16-13 Informal Review Decision [24 CFR 982.554(b)] ............. 16-1315 16-III.C. Informal Hearings for Participants [24 CFR 982.555] .......... 16-1416 Decisions Subject to Informal Hearing ........................... 16-1416 Remote Informal Hearings [Notice PIH 2020-32] ............... 16-17 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ........................................................... 16-18 Conducting Informal Hearings Remotely ........................... 16-19 Informal Hearing Procedures ......................................... 16-1620 Formatted: Level Top Title
47 Housing Authority of the City of Pittsburg
16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514] .................................................................... 16-2327 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] .......................................................... 16-2327 USCIS Appeal Process [24 CFR 5.514(e)] .................... 16-2428 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)] ........................................................... 16-2428 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)] ........................................................... 16-2630 Retention of Documents [24 CFR 5.514(h)] ................... 16-2630 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ..................................... 16-2731 16-IV.A. Overview ............................................................................. 16-2731 16-IV.B. Repayment Policy ............................................................... 16-2831 Owner Debts to the PHA ............................................... 16-2831 Family Debts to the PHA ............................................... 16-2832 Refusal to Enter into an Agreement ................................... 16-32 Repayment Agreement [24 CFR 792.103] ..................... 16-2832 General Repayment Agreement Guidelines for Families ....... 16- 2832
Repayment Agreements Involving Improper Payments . 16-3034 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) 16-3135 16-V.A. Overview ............................................................................. 16-3135 16-V.B. SEMAP Certification [24 CFR 985.101] .............................. 16-3236 HUD Verification Method ............................................... 16-3236 16-V.C. SEMAP Indicators [24 CFR 985.3 and form HUD-52648] ... 16-3337 SEMAP Indicators Chart ................................................ 16-3337 PART VI: RECORD KEEPING ......................................................................... 16-3741 16-VI.A. Overview ............................................................................. 16-3741 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101] ....... 16-3741 16-VI.C. Records Management ......................................................... 16-3842 Privacy Act Requirements [24 CFR 5.212 and Form-9886] ... 16- 3842
Upfront Income Verification (UIV) Records .................... 16-3843 Criminal Records ........................................................... 16-3943 Medical/Disability Records ............................................. 16-3943 Documentation of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking
or Human Trafficking ..................................................... 16-3943 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN
WITH ELEVATED BLOOD LEAD LEVEL ......................................... 16-4145 16-VII.A. Overview ............................................................................. 16-4145 16-VII.B. Reporting Requirement [24 CFR 35.1225(e)]) ); Notice PIH 2017-13] ............................................................ 16-4145 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)].. 16-4145 Formatted: Tab stops: Not at 1.63"
48 Housing Authority of the City of Pittsburg
PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ............................ 16-4347 16-VIII.A. Overview ........................................................................... 16-4347 16-VIII.B. Methodology ...................................................................... 16-4347 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY......................................... 16-4549 16-IX.A. Overview ............................................................................. 16-4549 16-IX.B. Definitions [24 CFR 5.2003] ................................................ 16-4549

16-IX.C. Notification [24 CFR 5.2005(a), 42 USC 13925].................. 16-4751 Notification to Public ...................................................... 16-4751 Notification to Program Applicants and Participants
[24 CFR 5.2005(a)(1)] .................................................... 16-4852 Notification to Owners and Managers ............................ 16-4953 16-IX.D. Documentation [24 CFR 5.2007] ......................................... 16-5054 Conflicting Documentation [24 CFR 5.2007(e)] ............. 16-5155 Discretion to Require No Formal Documentation
[24 CFR 5.2007(d)] ........................................................ 16-5155 Failure to Provide Documentation [24 CFR 5.2007(c)] .. 16-5256 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] ......................... 16-5256 16-IX. F. HCV PROGRAM TEMPORARY CHANGES TO POLICIES AND PROCEDURES IN RESPONSE TO COVID-18
Exhibit 16-1: .............................. Sample Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 .............................................. 16-5357 Exhibit 16-2: ........... Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382.............. 16-5963 Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HCV Version) ............ 16-6165 Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 ........ 16-6569 Exhibit 16-5: Model Owner Notification of Rights and Obligations ....................... 16-6973

49 Housing Authority of the City of Pittsburg
Chapter 17

PROJECT-BASED VOUCHERS

PART I: GENERAL REQUIREMENTS ................................................................. 17-3 17-I.A. Overview [24 CFR 983.5; FR Notice 1/18/17;
Notice PIH 2017-21] .................................................................. 17-3 Additional Project-Based Units [FR Notice 1/18/17;
Notice PIH 2017-21; FR Notice 1/24/22] .............................. 17-3 Units Not Subject to the PBV Program Limitation
[FR Notice 1/18/17; Notice PIH 2017-21] ............................. 17-4 17-I.B. Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2] .......................................................................... 17-5 17-I.C. Relocation Requirements [24 CFR 983.7] ................................. 17-5 17-I.D. Equal Opportunity Requirements [24 CFR 983.8] ..................... 17-5 PART II: PBV OWNER PROPOSALS ................................................................... 17-7 17-II.A. Overview ................................................................................... 17-7 17-II.B. Owner Proposal Selection Procedures [24 CFR 983.51(b)] ...... 17-7 Units Selected Non-Competitively [FR Notice 1/18/17];
Notice PIH 2017-21; 24 CFR 983.51(b)] .............................. 17-7 Solicitation and Selection of PBV Proposals
[24 CFR 983.51(c)] .............................................................. 17-8 PHA-Owned Units [24 CFR 983.51(e), 983.59,
Notice PIH 2015-05, and FR Notice 1/18/17 and Notice PIH 2017-21] ............................................................................ 17-11 PHA Notice of Owner Selection [24 CFR 983.51(d)] ......... 17-12 17-II.C. Housing Type [24 CFR 983.52] ............................................... 17-12 17-II.D. Prohibition of Assistance for Certain Units .............................. 17-13 Ineligible Housing Types [24 CFR 983.53] ........................ 17-13 Subsidized Housing [24 CFR 983.54] ................................ 17-13 17-II.E. Subsidy Layering Requirements
[24 CFR 983.55, FR
Notice PIH 2013-11/24/08, FR Notice 7/9/10,
, and FR Notice 6/25/143/13/23] ............................................. 17-14 17-II.F. Cap onOn Number of PBV Units in Each Project ................... 17-15 25 Percent per Project Cap [24 CFR 983.56(a)],
FR Notice 1/18/17, and Notice PIH 2017-21] ..................... 17-15 Exceptions to 25 Percent per Project Cap
[FR Notice 1/18/17; Notice PIH 2017-21; FR Notice 1/24/22] 17- 15 Projects not Subject to a Project Cap
[FR Notice 1/18/17; Notice PIH 2017-21] ........................... 17-16 Promoting Partially Assisted Projects
[24 CFR 983.56(c)] ............................................................ 17-16 Formatted: Level Top Title
50 Housing Authority of the City of Pittsburg
17-II.G. Site Selection Standards ........................................................ 17-17 Compliance with PBV Goals, Civil Rights Requirements,
and HQSNSPIRE Site Standards [24 CFR 983.57(b)] ....... 17-17 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)] ........................................... 17-18 New Construction Site and Neighborhood Standards
[24 CFR 983.57(e)] ............................................................ 17-18 17-II.H. Environmental Review [24 CFR 983.58] ............................. 17-1819 PART III: DWELLING UNITS ................................................................................ 17-21 17-III.A. Overview ................................................................................. 17-21 17-III.B. Housing Quality Standards [24 CFR 983.101] ........................ 17-21 Lead-based Paint [24 CFR 983.101(c)] ............................. 17-21 17-III.C. Housing Accessibility for Persons with Disabilities .................. 17-21 17-III.D. Inspecting Units ...................................................................... 17-22 Pre-selection Inspection [24 CFR 983.103(a)] ................... 17-22 Pre-HAP Contract Inspections [24 CFR 983.103(b);),
FR Notice 1/18/17, and Notice PIH 2017-20] ..................... 17-22 Turnover Inspections [24 CFR 983.103(c)]) ....................... 17-22 Annual/Biennial Inspections [24 CFR 983.103(d),
FR Notice 6/25/14] ............................................................. 17-22 Other Inspections [24 CFR 983.103(e)] ............................. 17-23 Inspecting PHA-Owned Units [24 CFR 983.103(f)] ............ 17-23 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS .................... 17-25 17-IV.A. Overview [24 CFR 983.151] .................................................... 17-25 17-IV.B. Agreement to Enter into HAP Contract ................................... 17-25 Content of the Agreement [24 CFR 983.152(d)] ................ 17-26 Execution of the Agreement
[24 CFR 983.153] .......................................................... 17-2726 17-IV.C. Conduct of Development Work ............................................... 17-27 Labor Standards [24 CFR 983.154(b)] ............................... 17-27 Equal Opportunity [24 CFR 983.154(c)] ............................. 17-27 Owner Disclosure [24 CFR 983.154(d) and (e)]................. 17-27 17-IV.D. Completion of Housing ............................................................ 17-28 Evidence of Completion [24 CFR 983.155(b)] ................... 17-28 PHA Acceptance of Completed Units [24 CFR 983.156] ... 17-28 51 Housing Authority of the City of Pittsburg
PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) .................. 17-29 17-V.A. Overview ................................................................................. 17-29 17-V.B. HAP Contract Requirements ................................................... 17-29 Contract Information [24 CFR 983.203] ............................. 17-29 Execution of the HAP Contract [24 CFR 983.204] ............. 17-30 Term of HAP Contract [24 CFR 983.205;,
FR Notice 1/18/17, and Notice PIH 2017-21] ..................... 17-30 Statutory Notice Requirements: Contract Termination
or Expiration [24 CFR 983.206; FR Notice 1/18/17] ,
and Notice PIH 2017-21] ................................................... 17-32 Remedies for HQSNSPIRE Violations [24 CFR 983.208(b)] . 17- 32 17-V.C. Amendments to the HAP Contract .......................................... 17-33 Substitution of Contract Units [24 CFR 983.207(a)] ........... 17-33 Addition of Contract Units [FR Notice 1/18/17
and Notice PIH 2017-21] ................................................... 17-33 17-V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.207(b) and 983.302(e)] ...................................... 17-33 17-V.E. Owner Responsibilities Under the HAP Contract
[24 CFR 983.210] .................................................................... 17-34 17-V.F. Additional HAP Requirements ................................................. 17-35 Housing Quality and Design Requirements
[24 CFR 983.101(e) and 983.208(a)] ................................. 17-35 Vacancy Payments [24 CFR 983.352(b)] .......................... 17-35 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS .............................. 17-37 17-VI.A. Overview ................................................................................. 17-37 17-VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ..... 17-37 In-Place Families [24 CFR 983.251(b)] .............................. 17-38 17-VI.C. Organization of the Waiting List
[24 CFR 983.251(c)]................................................................ 17-39 17-VI.D. Selection fromFrom the Waiting List
[24 CFR 983.251(c)]................................................................ 17-39 Income Targeting [24 CFR 983.251(c)(6)] ......................... 17-39 Units with Accessibility Features [24 CFR 983.251(c)(7)] .. 17-39 Preferences [24 CFR 983.251(d), FR Notice 11/24/08] ..... 17-40 17-VI.E. Offer of PBV Assistance .......................................................... 17-41 Refusal of Offer [24 CFR 983.251(e)(3)] ............................ 17-41 Disapproval by Landlord [24 CFR 983.251(e)(2)] .............. 17-41 Acceptance of Offer [24 CFR 983.252] .............................. 17-41 17-VI.F. Owner Selection of Tenants ................................................... 17-42 Leasing [24 CFR 983.253(a)] ............................................ 17-42 Filling Vacancies [24 CFR 983.254(a)] .............................. 17-42 Reduction in HAP Contract Units Due to Vacancies
[24 CFR 983.254(b)] .......................................................... 17-42 17-VI.G. Tenant Screening [24 CFR 983.255]....................................... 17-43 PHA Responsibility ............................................................ 17-43 52 Housing Authority of the City of Pittsburg
Owner Responsibility ......................................................... 17-43 53 Housing Authority of the City of Pittsburg
PART VII: OCCUPANCY........................................................................................ 17-44 17-VII.A. Overview ................................................................................. 17-44 17-VII.B. Lease [24 CFR 983.256] ......................................................... 17-44 Form of Lease [24 CFR 983.256(b)] .................................. 17-44 Lease Requirements [24 CFR 983.256(c)] ........................ 17-44 Tenancy Addendum [24 CFR 983.256(d)] ......................... 17-46 Initial Term and Lease Renewal [24 CFR 983.256(f)] ........ 17-46 Changes in the Lease [24 CFR 983.256(e)] ...................... 17-46 Owner Termination of Tenancy [24 CFR 983.257] ............ 17-47 Continuation of Housing Assistance Payments
[24 CFR 983.258] ............................................................. 17-47 Security Deposits [24 CFR 983.259] .................................. 17-48 17-VII.C. Moves ..................................................................................... 17-49 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.260] .............................................................. 17-49 Family Right to Move [24 CFR 983.261] ............................ 17-50 Emergency Transfers under VAWA [Notice PIH 2017-08] . 17-51 17-VII.D. Exceptions to the Occupancy Cap [24 CFR 983.262] ............. 17-52 PART VIII: DETERMINING RENT TO OWNER ...................................................... 17-55 17-VIII.A. Overview ............................................................................... 17-55 17-VIII.B. Rent Limits [24 CFR 983.301] ............................................... 17-55 Certain Tax Credit Units [24 CFR 983.301(c)] ................... 17-55 Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)] 17-56 Use of FMRs, Exception Payment Standards,
and Utility Allowances [24 CFR 983.301(f)] ....................... 17-57 Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)] 17-57 Redetermination of Rent [24 CFR 983.302] ....................... 17-58 PHA-Owned Units [24 CFR 983.301(g)] ............................ 17-58 17-VIII.C. Reasonable Rent [24 CFR 983.303] ..................................... 17-59 When Rent Reasonable Determinations Are Required...... 17-59 How to Determine Reasonable Rent ................................. 17-59 PHA-Owned Units.............................................................. 17-60 Owner Certification of Reasonable Rent ............................ 17-60 17-VIII.D. Effect of Other Subsidy and Rent Control.............................. 17-60 “Other” Subsidy [24 CFR 983.304] .................................... 17-60 Rent Control [24 CFR 983.305] ......................................... 17-60 54 Housing Authority of the City of Pittsburg
PART IX: PAYMENTS TO OWNER ...................................................................... 17-61 17-IX.A. Housing Assistance Payments [24 CFR 983.351]................... 17-61 17-IX.B. Vacancy Payments [24 CFR 983.352] .................................... 17-61 17-IX.C. Tenant Rent to Owner [24 CFR 983.353] ................................ 17-63 Tenant and PHA Responsibilities ...................................... 17-63 Utility Reimbursements ...................................................... 17-63 17-IX.D. Other Fees and Charges [24 CFR 983.354] ........................... 17-64 Meals and Supportive Services ......................................... 17-64 Other Charges by Owner ................................................... 17-64 Exhibit 17-1: PBV Development Information ............................................................ 17-65 Exhibit 17-2: Special Provisions Applying to TPVs Awarded as Part of a Voluntary Conversion of Public Housing Units in Projects that Include RAD PBV Units......................................................................... 17-69 55 Housing Authority of the City of Pittsburg
Chapter 18

PROJECT BASED VOUCHERS (PBV) UNDER THE

RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM
PART I: GENERAL REQUIREMENTS ................................................................. 18-3 18-I.A. Overview and History of the RAD Program ............................... 18-3 18-I.B. Applicable Regulations.............................................................. 18-4 18-I.C. Tenant-Based Vs. Project-Based Voucher Assistance [24 CFR 983.2] .......................................................................... 18-6 18-I.D. Relocation Requirements [Notice PIH 2016-17] ........................ 18-6 18-I.E. Equal Opportunity Requirements [24 CFR 983.8;
24 CFR 5.105; Notice PIH 2012-32, REV-32016-17] .............. 18-89 PART II: PBV PROJECT SELECTION .............................................................. 18-911 18-II.A. Overview ............................................................................... 18-911 18-II.B. Ownership and Control [Notice PIH 2012-32, REV-32019-23] .... 18- 911
18-II.C. PHA-Owned Units [24 CFR 983.59; Notice PIH 2012-32, REV-3; FR Notice 1/18/17,
and Notice PIH 2017-21] ..................................................... 18-1013 18-II.D. Subsidy Layering Requirements [Notice PIH 2019-23; Notice PIH 2012-32, REV-3; Notice PIH 2012-32, REV-2].. 18-1114 18-II.E. PBV Percentage Limitation and Unit Cap
[Notice PIH 2012-32, REV-32019-23 and Notice PIH 2023-19] .. 18- 1116
PBV Percentage Limitation ................................................ 18-16 Unit Cap Limitation ............................................................ 18-16 18-II.F. Site Selection Standards [Notice PIH 2012-32, REV-32019-23; Notice PIH 2016-17] ............................................................ 18-1217 18-II.G. Environmental Review [Notice PIH 2012-32, REV-3] 18-122019-23; Environmental
Review Requirements for RAD Conversions, March 2019] ..... 18-17 PART III: DWELLING UNITS ............................................................................ 18-1319 18-III.A. Overview ............................................................................. 18-1319 18-III.B. Housing Quality Standards [24 CFR 983.101] .................... 18-1319 Lead-based Paint [24 CFR 983.101(c)]) ; Notice PIH 2019-23] ....................................................................................... 18-1319 18-III.C. Housing Accessibility for Persons with Disabilities [Notice PIH 2016-17] ........................................................... 18-1319 18-III.D. Inspecting Units .................................................................. 18-1420 Initial Inspection [RAD Quick Reference Guide,
Notice PIH 2012-32, REV-3] 2019-23, and Notice PIH 2023-19] ....................................................................................... 18-1420 Turnover Inspections [24 CFR 983.103(c)] ..................... 18-14), FR Notice 1/18/17, and Notice PIH 2017-20] .................... 18-20 Annual/Biennial Inspections [24 CFR 983.103(d);
FR Notice 6/25/14] ........................................................ 18-1420 56 Housing Authority of the City of Pittsburg
Alternative Inspections [24 CFR 983.103(g);
Notice PIH 2016-05] .......................................................... 18-20 Other Inspections [24 CFR 983.103(e)] ........................ 18-1421 Inspecting PHA-Owned Units [24 CFR 983.103(f)] );
Notice PIH 2017-21] ...................................................... 18-1421 57 Housing Authority of the City of Pittsburg
PART IV: HOUSING ASSISTANCE PAYMENTS (HAP) CONTRACT .............. 18-1523 18-IV.A. Overview ................ 18-15 [RAD PBV Quick Reference Guide 6/20] 18-23
18-IV.B. HAP Contract Requirements ............................................... 18-1523 Contract Information [RAD PBV Quick Reference Guide
(10/14)]6/20;
Notice PIH 2019-23] ..................................................... 18-1523 Execution and Effective date of the HAP Contract
[RADBlast! 7/11/16] ...................................................... 18-1523 Term of HAP Contract [Notice PIH 2012-32, REV-32019-23] ....................................................................................... 18-1523 Agreement to Enter into a HAP (AHAP) Contract
[Notice PIH 2012-32, REV-32019-23] ........................... 18-1524 Mandatory Contract Renewal [Notice PIH 2012-32, REV-
32019-23] ..................................................................... 18-1624 Remedies for HQSNSPIRE Violations [24 CFR 983.208(b)] 18- 1624
18-IV.C. Amendments to the HAP Contract ...................................... 18-1725 Floating Units [Notice PIH 2012-32, REV-32019-23] .... 18-1725 Reduction in HAP Contract Units
[Notice PIH 2012-32, REV-32019-23] ........................... 18-1725 18-IV.D. HAP Contract Year and Anniversary Dates [24 CFR 983.302(e)] 18-1725
18-IV.E. Owner Responsibilities under the HAP Contract
[24 CFR 983.210] ................................................................ 18-1826 18-IV.F. Vacancy Payments [24 CFR 983.352(b)] ............................ 18-1826 PART V: SELECTION OF PBV PROGRAM PARTICIPANTS .......................... 18-1927 18-V.A. Overview ............................................................................. 18-1927 18-V.B. Prohibited Rescreening of Existing Tenants upon Conversion [Notice PIH 2012-32, REV-32019-23] ................................. 18-1927 18-V.C. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] . 18-2028 18-V.D. Organization of the Waiting List [24 CFR 983.251(c); Notice PIH 2012-32, REV-32019-23] .................................. 18-2129 18-V.E. Selection from the Waiting List [24 CFR 983.251(c)] .......... 18-2230 Income Targeting [24 CFR 983.251(c)(6);
Notice PIH 2012-32, REV-32019-23] ............................ 18-2230 Units with Accessibility Features [24 CFR 983.251(c)(7)] ..... 18- 2230
Preferences [24 CFR 983.251(d); FR Notice 11/24/08;
Notice PIH 2012-32, REV-32019-23] ............................ 18-2230 18-V.F. Offer of PBV Assistance ...................................................... 18-2331 Refusal of Offer [24 CFR 983.251(e)(3)] ....................... 18-2331 Disapproval by Landlord [24 CFR 983.251(e)(2)] ......... 18-2331 Acceptance of Offer [24 CFR 983.252] ......................... 18-2331 18-V.G. Owner Selection of Tenants [24 CFR 983.253] ................... 18-2432 Leasing [24 CFR 983.253(a)] ....................................... 18-2432 Formatted: Font: Italic
58 Housing Authority of the City of Pittsburg
Filling Vacancies [24 CFR 983.254(a)] ......................... 18-2432 18-V.H. Tenant Screening [24 CFR 983.255]................................... 18-2533 PHA Responsibility ........................................................ 18-2533 Owner Responsibility ..................................................... 18-2533 59 Housing Authority of the City of Pittsburg
PART VI: OCCUPANCY.................................................................................... 18-2735 18-VI.A. Overview ............................................................................. 18-2735 18-VI.B. Lease [24 CFR 983.256; Notice PIH 2012-32, REV-3] ....... 18-2735 Lease Requirements [24 CFR 983.256(c);
Notice PIH 2012-32, REV-32019-23] ............................. 18-2735 Tenancy Addendum [24 CFR 983.256(d)] ..................... 18-2735 Initial Term and Lease Renewal [24 CFR 983.256(f);
RAD PBV Quick Reference Guide (10/14)]6/20] ........... 18-2836 Changes in the Lease [24 CFR 983.256(e)] .................. 18-2836 Owner Termination of Tenancy [24 CFR 983.257;
Notice PIH 2012-32, REV-32019-23] ............................. 18-2937 Continuation of Housing Assistance Payments
[24 CFR 983.258; Notice PIH 2012-32, REV 3] ... 18-302019-23; Notice PIH 2023-19;
RAD PBV Quick Reference Guide 6/20] ............................ 18-38 Security Deposits [24 CFR 983.259;
RAD PBV Quick Reference Guide (10/14)]6/20] ........... 18-3140 18-VI.C. Public Housing FSS and ROSS Participants
[Notice PIH 2012-32, REV-32019-23] ................................. 18-3241 18-VI.D. Resident Participation and Funding
[Notice PIH 2012-32, REV-32019-23] ................................. 18-3241 18-VI.E. Moves ................................................................................. 18-3342 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.260; Notice PIH 2012-32, REV-3 2019-23] ...... 18- 3342
Family Right to Move [24 CFR 983.261] ........................ 18-3443 Choice Mobility [Notice PIH 2012-32, REV-3] ...... 18-352019-23; PRRAC Choice Mobility Implementation Guidance, 8/20] . 18-44 Turnover Cap ..................................................................... 18-36 Emergency Transfers under VAWA [Notice PIH 2017-08] ..... 18- 3746
18-VI.F. Reexaminations [RAD PBV Quick Reference Guide (10/14)]6/20] 18-3847
18-VI.G. Earned Income Disallowance [Notice PIH 2012-32, REV-32019-23] 18-3847
18-VI.H. Residents’ Procedural Rights [Notice PIH 2012-32, REV-32019-23] 18-3847
18-VI.I. Informal Reviews and Hearings [Notice PIH 2012-32, REV-32019- 23] ....................................................................................... 18-3948 PART VII: DETERMINING CONTRACT RENT ...................................................... 18-49 18-VII.A. Initial Contract Rents [Notice PIH 2019-23] ............................. 18-49 18-VII.B. Adjusting Contract Rents [Notice PIH 2019-23; RAD PBV Quick Reference Guide 6/20; PHA Asset Repositioning
“How to Apply OCAF for RAD PBV” Webinar] ........................ 18-50 Rent Decrease ................................................................... 18-51 Formatted: Font: Italic
Formatted: Font: Italic
Formatted: Font: Italic
60 Housing Authority of the City of Pittsburg
18-VII.C. Utility Allowances [Notice PIH 2019-23;
RAD PBV Quick Reference Guide 6/20] ................................. 18-51 18-VII.D. Reasonable Rent [24 CFR 983.303] ....................................... 18-52 How to Determine Reasonable Rent ................................. 18-52 PHA-Owned Units.............................................................. 18-52 61 Housing Authority of the City of Pittsburg
PART VIII: PAYMENTS TO OWNER .................................................................. 18-4553 18-VIII.A. Housing Assistance Payments .......................................... 18-4553 18-VIII.B. Vacancy Payments [24 CFR 983.352]............................... 18-4654 18-VIII.C. Tenant Rent to Owner [24 CFR 983.353; Notice PIH 2019-23] . 18- 4755
Initial Certifications [Notice PIH 2019-23] .......................... 18-55 Tenant and PHA Responsibilities .................................. 18-4755 Utility Reimbursements .................................................. 18-4755 18-VIII.D. Phase-In of Tenant Rent Increases
[Notice PIH 2012-32, REV-3;
PHA Asset Repositioning “Phase-in of Tenant Rents” Webinar] 18- 4856

18.VIII.E. Other Fees and Charges [24 CFR 983.354] ..................... 18-4857 Meals and Supportive Services ..................................... 18-4857 Other Charges by Owner ............................................... 18-4857 PART VII: DETERMINING CONTRACT RENT .......................................... Exhibit 18-41 1: 18-VII.A. ........... Initial Contract Rents [Notice PIH 2012-32, REV-3] 18-41
18-VII.B. Adjusting Contract Rents [Notice PIH 2012-32, REV-3; PBV Quick Reference Guide (10/14)] ........... 18-42Development Information .............................................................................................................. 18-59 Rent Decrease ................................................................... 18-42 Formatted: Level 1
62 Housing Authority of the City of Pittsburg
Chapter18-VII.C. .................. Utility Allowances [Notice PIH 2012-32, REV-3; PBV Quick Reference Guide (10/14)] ..................................... 18-43 18-VII.D. Reasonable Rent [24 CFR 983.303] ....................................... 18-44 How to Determine Reasonable Rent ................................. 18-44 PHA-Owned Units.............................................................. 18-44 63 Housing Authority of the City of Pittsburg
CHAPTER 19
SPECIAL PURPOSE VOUCHERS…….............................................19-1

PART I: FAMILY UNIFICATION PROGRAM (FUP) ................................................... ................................................................................................................ 19-2

19-I.A. PROGRAM OVERVIEW ..... Program Overview [Fact Sheet, Housing Choice Voucher Program Family Unification Program (FUP)] ..................................................................... ............................ 19-2 Overview .............................................................................. 19-2 Assigning Vouchers [FUP FAQs] ......................................... 19-3 19-I.B. PUBLIC CHILD WELFARE AGENCY .... Public Child Welfare Agency (PCWA)….................................... 3 ) ........................................ 19-3 19-I.C. FUP FAMILY VOUCHER ELIGIBILITY CRITERIA.................................. 4 19-I.D. FUP YOUTH VOUCHER ELIGIBILITY CRITERIA .................................. 5 Supportive Services ............................................................. 19-4 19-I.C. FUP Family Voucher Eligibility Criteria...................................... 19-5 19-I.D. FUP Youth Voucher Eligibility Extension of Assistance Criteria 19-7 Eligibility Criteria .................................................................. 19-7 19-I.E. ASSISTANCE PERIOD [ ........ Assistance Period [FR Notice 1/24/22] 10-8
Maximum Assistance Period ............................................... 19-8 Extension of Assistance ....................................................... 19-8 Statutory Exceptions ............................................................ 19-8 Education, Workforce Development,
or Employment Activities ................................................... 19-10 FSS Enrollment at 24 Months ............................................ 19-11 FSS Enrollment Between 36 and 48 Months ..................... 19-12 FSS Enrollment After 48 Months ....................................... 19-12 Extensions of Assistance ................................................... 19-12 No FSS Program or Unable to Enroll in FSS ..................... 19-13 Verification Prior to Annual Reexam .................................. 19-13 Termination of Assistance for Failure to Meet Conditions .. 19-15 19-I.F. Referrals and Waiting List Management ................................. 19-16 Referrals ............................................................................ 19-16 Waiting List Placement ...................................................... 19-17 Waiting List Selection ........................................................ 19-17 19-I.G. PHA HCV Eligibility Determination .......................................... 19-18 Additional FUP Eligibility Factors [FUP FAQs] ................... 19-18

19.I.H. Lease Up [FR Notice 1/24/22] ................................................. 19-19 19-I.I. Termination of Assistance ....................................................... 19-20 General Requirements ....................................................... 19-20 FUP Family Vouchers ........................................................ 19-20 FUP Youth Vouchers ......................................................... 19-21 19-I.J. FUP Portability ........................................................................ 19-22 Considerations for FUP Youth Vouchers ........................... 19-22 Formatted: Level Top Title, Adjust space between Latin and Asian text, Adjust space between Asian text and
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64 Housing Authority of the City of Pittsburg
19-I.K. Project-Basing FUP Vouchers [Notice PIH 2017-21; FR Notice 1/24/22] ............................................ 6 .................. 19-22 19-I.F. REFERRALS AND WAITING LIST MANAGEMENT .............................. 12 19-I.G. PHA HCV ELIGIBILITY DETERMINATION ........................................... 13

19.I.H. LEASE UP [FR Notice 1/24/22] .............................................................. 14 19-I.I. TERMINATION OF ASSISTANCE .......................................................... 14 9-I.J. FUP PORTABILITY .................................................................................. 15 19-I.K. PROJECT-BASING FUP VOUCHERS [Notice PIH 2017-21; FR Notice 1/24/22] ………………………………………………………………….................... 16

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65 Housing Authority of the City of Pittsburg
PART II: FOSTER YOUTH TO INDEPENDENCE INITIATIVE .................................... 17 ......................................................................................................... 19-23

19-II.A. PROGRAM OVERVIEW .... Program Overview [Notice PIH 2020-28; Notice PIH 2021-262023-04; FR Notice 1/24/22]
………………………………………………………………............ 17
19-23
19-II.B. PARTNERING AGENCIES ... Partnering Agencies [Notice PIH 2021- 262023-04; FYI Updates
and Partnering Opportunities Webinar]
.....................................................................17 ...................... 19-24 Public Child Welfare Agency (PCWA) ............................... 19-24 Continuum of Care (CoC) and Other Partners ................... 19-24 19-II.C. YOUTH ELIGIBILITY CRITERIA Youth Eligibility Criteria [Notice PIH 2021-26; 2023-04;
FYI Q&As; FYI FAQs]
.......................................................................................................... ............................ 18 .............................................................. 19-25 19-II.D. SUPPORTIVE SERVICES ... Supportive Services [Notice PIH 2021- 262023-04; FYI Updates
and Partnering Opportunities Webinar; FYI Q&As]
.............................................................................. 18 ............. 19-26 19-II.E. REFERRALS AND WAITING LIST MANAGEMENT .... Referrals and Waiting List Management [Notice PIH 2021-26; 2023-04;
FYI Updates and Partnering Opportunities Webinar FYI FAQs] ........................................ 18 .................................................. 19-27 Referrals ............................................................................ 19-27 Waiting List Placement [Notice PIH 2023-04 and FYI FAQs] 19- 28 Waiting List Selection ........................................................ 19-28 19-II.F. PHA HCV ELIGIBILITY DETERMINATIONEligibility Determination [FYI FAQs] .................................. 20 ...................................... 19-29 Additional Eligibility Factors ............................................... 19-29 19-II.G. LEASE UP .......................................... Lease Up [FR Notice 1/24/22] ....................................................................... 21 .................... 19-30 Turnover [Notice PIH 2023-04] .......................................... 19-30 19-II.H. MAXIM]UM ASSISTANCE PERIOD .... Maximum Assistance Period [Notice PIH 2021-262023-04 and FYI FAQs; FR Notice 1/24/22] 19- 31 Extension of Assistance ..................................................... 19-31 Statutory Exceptions .......................................................... 19-31 Education, Workforce Development,
or Employment Activities ................................................... 19-33 FSS Enrollment at 24 Months ............................................ 19-34 FSS Enrollment Between 36 and 48 Months ..................... 19-34 FSS Enrollment After 48 Months ....................................... 19-35 Formatted: Level 2, Indent: Left: 0", Adjust space
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66 Housing Authority of the City of Pittsburg
Extensions of Assistance ................................................... 19-35 No FSS Program or Unable to Enroll in FSS ..................... 19-35 Verification Prior to Annual Reexam .................................. 19-35 Termination of Assistance for Failure to Meet Conditions\ . 19-37 19-II.I. Termination of Assistance [FYI FAQs] .................................... 19-37 19-II.J. Portability [FYI FAQs].............................................................. 19-38 19-II.K. Project-Basing FYI Vouchers [FYI FAQs; FR Notice 1/24/22] ..……………………………………………………………………………
…22 ;
Notice PIH 2024-03] ................................................................ 19-38 Formatted: Level 2, Adjust space between Latin and
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numbers
67 Housing Authority of the City of Pittsburg
19-II.I. TERMINATION OF ASSISTANCE [FYI FAQs] ................................................. 27 19-II.J. PORTABILITY [FYI FAQs] ............................................................................... 28 19-II.K. PROJECT-BASING FYI VOUCHERS [FYI FAQs; FR Notice 1/24/22] ............ 28 PART III: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM ........ 29 ......................................................................................................... 19-39 19-III.A. OVERVIEW ..................................................................................................... 29 19-III.A. Overview ................................................................................. 19-39 19-III.B. REFERRALS Referrals [FR Notice 9/27/21 and HUD-VASH Qs and As] ...................... 30 .............................................................. 19-40 19-III.C. HCV PROGRAM ELIGIBILITYProgram Eligibility [FR Notice 9/27/21] ................................................................................... 19-41 Social Security Numbers ................................................... 19-41 Proof of Age ....................................................................... 19-41 Photo Identification ............................................................ 19-41 Income Eligibility ................................................................ 19-42 Screening .......................................................................... 19-42 Denial of Assistance [Notice PIH 2008-37] ........................ 19-42 19-III.D. Changes in Family Composition ............................................. 19-43 Adding Family Members [FR Notice 9/27/21]
....................................... 30 .............................................. 19-43 19-III.D. CHANGES IN FAMILY COMPOSITION ........................................................ 32 Remaining Family Members [HUD-VASH Qs and As] ....... 19-43 Family Break Up [HUD-VASH Qs and As] ......................... 19-43 19-III.E. LEASING .............................................. Leasing [FR Notice 9/27/21] ....................................................................... 32 .................... 19-44 Waiting List ........................................................................ 19-44 Exception Payment Standards .......................................... 19-44 Voucher Issuance .............................................................. 19-44 Initial Lease Term .............................................................. 19-44 Ineligible Housing [FR Notice 6/18/14] ............................... 19-44 NSPIRE Pre-Inspections ................................................... 19-45 19-III.F. PORTABILITY .. Portability [FR Notice 9/27/21 and Notice PIH 2011- 53] ........................ 34 ............................................................ 19-46 General Requirements ....................................................... 19-46 Portability within the Initial VAMC or DSP’s Catchment Area 19- 46 Portability Outside of the Initial VAMC
or DSP’s Catchment Area .................................................. 19-46 Portability Outside of the Initial VAMC
or DSP’s Catchment Area under VAWA ............................ 19-47 19-III.G. TERMINATION OF ASSISTANCE ... Termination of Assistance [FR Notice 9/27/21] ................................ 35 ................................. 19-48 Cessation of Case Management........................................ 19-48 VAWA [FR Notice 9/27/21] ................................................ 19-48 19-III.H. PROJECT-BASING ................... Project-Basing VASH VOUCHERS ....................................................... 35 Vouchers ................... 19-49 Formatted: Font: 10 pt, Font color: Auto
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68 Housing Authority of the City of Pittsburg
General Requirements
[Notice PIH 2017-21 and FR Notice 9/27/21] ..................... 19-49 Failure to Participate in Case Management
[FR Notice 9/27/21] ............................................................ 19-50 Moves [HUD-VASH Qs and As, FR Notice 9/27/21] .......... 19-50 69 Housing Authority of the City of Pittsburg
PART IV: MAINSTREAM VOUCHER PROGRAM ...................................................... 38 ......................................................................................................... 19-51 19-IV.A. PROGRAM OVERVIEW ... Program Overview [Notice PIH 2020-01] ............................................. 38 ............................................. 19-51 19-IV.B. ELIGIBLE POPULATION ... Eligible Population [Notice PIH 2020-01 and
Notice PIH 2020-22] .... 38 ..................................................... 19-52 19-IV.C. PARTNERSHIP AND SUPPORTIVE SERVICES ... Partnership And Supportive Services [Notice PIH 2020-01] ...... 39 ................. 19-52 19-IV.D. WAITING LIST ADMINISTRATION............................................................... 39 19-IV.E. PORTABILITY19-IV.D. ........................... Waiting List Administration 19-53
General Waiting List Requirements [Notice PIH 2020-01
and Mainstream Voucher Basics Webinar, 10/15/20]
..................................................................................................... .................40 ..................................................................... 19-53 19-IV.F. PROJECT-BASING MAINSTREAM VOUCHERS
[FY18Admission Preferences [Notice PIH 2020-01;
FY17 Mainstream NOFA; FY19 Mainstream NOFA] ......... 19-53 19-IV.E. Portability [Notice PIH 2020-01 and
Mainstream Voucher Basics Webinar, 10/15/20] .................... 19-54 19-IV.F. Project-Basing Mainstream Vouchers [FY19 Mainstream Voucher NOFA Q&A]
.......................................................................................................... ....... 40 ................................................................................... 19-54

TEMPORARY POLICY SUPPLEMENT .......................................................................41

EMERGENCY HOUSING VOUCHERS (EHV) ............................................................41 PART I: FUNDING .......................................................................................................42 TPS-I.A. FUNDING OVERVIEW ..................................................................................42 TPS-I.B. SERVICE FEES .............................................................................................43 PART II: PARTNERING AGENCIES ............................................................................45 TPS-II.A. CONTINUUM OF CARE (COC)..........................................................45 TPS-II.B. OTHER PARTNERING ORGANIZATIONS .......................................45 TPS-II.C. REFERRALS .....................................................................................45 TPS-II.D. REFERRAL PROCESS ................................................................................48 PART III: WAITING LIST MANAGEMENT ...................................................................50 TPS-III. A. HCV WAITING LIST .................................................................................. 50 TPS-III.B. EHV WAITING LIST ................................................................................... 50 TPS-III.C. PREFERENCES .........................................................................................50 PART IV: FAMILY ELIGIBLTY .....................................................................................52 TPS-IV. A. OVERVIEW ................................................................................................52 TPS-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY ......................52 TPS-IV.C. PHA SCREENING ...................................................................................... 52 TPS-IV.D. INCOME VERIFICATION AT ADMISSION ................................................ 53 Formatted: Level 3, Adjust space between Latin and
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TPS-IV.E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION ...................................................................................................................................... 53 TPS-IV.F. AGE AND DISABILITY VERIFICATION ..................................................... 54 TPS-IV.G. INCOME TARGETING ............................................................................... 54 PART IV: NON-ELDERLY DISABLED (NED) VOUCHERS .................. 19-55 19-V.A. Program Overview [Notice PIH 2013-19] ................................ 19-55 19-V.B. Eligible Population................................................................... 19-56 General Requirements [Notice PIH 2013-19] .................... 19-56 NED Category 2 [Notice PIH 2013-19
and NED Category 2 FAQs] .............................................. 19-56 19-V.C. Waiting List ............................................................................. 19-57 General Requirements [Notice PIH 2013-19] .................... 19-57 NED Category 2 Referrals [NED Category 2 FAQs] .......... 19-57 Reissuance of Turnover Vouchers [Notice PIH 2013-19] .. 19-58 19-V.D. Lease Up [Notice PIH 2013-19] .............................................. 19-59 Briefings ............................................................................. 19-59 Voucher Term .................................................................... 19-59 Special Housing Types [Notice PIH 2013-19
and NED Category 2 FAQs] .............................................. 19-60 19-V.E. Portability [NED Category 2 FAQs] ......................................... 19-60 PART VI: STABILITY VOUCHER PROGRAM ...................................................... 19-61 19-VI.A. Program Overview [Notice PIH 2022-24] ................................ 19-61 19-VI.B. Partnering Organization [Notice PIH 2022-24] ........................ 19-61 19-VI.C. Referrals [Notice PIH 2022-24] ............................................... 19-62 CoC Referrals .................................................................... 19-62 Referrals from Outside the CoC......................................... 19-63 19-VI.D. Waiting List [Notice PIH 2022-24] ........................................... 19-63 HCV Waiting List................................................................ 19-63 SV Waiting List .................................................................. 19-64 HCV Waiting List Preferences ........................................... 19-64 SV Waiting List Preferences .............................................. 19-64 71 Housing Authority of the City of Pittsburg
19-VI.E. Family Eligibility [Notice PIH 2022-24] .................................... 19-65 Referring Agency Determination of Eligibility ..................... 19-65 Mandatory Denials ............................................................. 19-65 Permissive Denial .............................................................. 19-66 Self-Certification of Income at Admission .......................... 19-68 Recently Conducted Income Determinations ..................... 19-68 EIV Income Validation ....................................................... 19-69 Social Security Number and Citizenship Status Verification .. 16- 69 Age and Disability Verifications.......................................... 19-70 Income Targeting ............................................................... 19-70 19-VI.F. Housing Search And Leasing .................................................. 19-71 Initial Voucher Term ........................................................... 19-71 NSPIRE Pre-Inspections ................................................... 19-71 Initial Lease Term .............................................................. 19-71 Portability ........................................................................... 19-72 Family Briefing ................................................................... 19-72 19-VI.G. Payment Standards................................................................. 19-73 Overview ............................................................................ 19-73 Increases in Payment Standards ....................................... 19-73 19-VI.H. Project-Based Units ................................................................. 19-74 Exhibit 19-1: Sample Stability Voucher (SV) Homeless Provider’s Certification ....... 19-75 Exhibit 19-2: Sample Victim Service Provider’s Certification .................................... 19-77 Exhibit 19-3: Sample SV Memorandum Of Understanding ...................................... 19-79

PART V: HOUSING SEARCH AND LEASING ............................................................ 54 TPS-V.A. INITIAL VOUCHER TERM .......................................................................... 55 TPS-V.B. HOUSING SEARCH ASSISTANCE ............................................................ 55 TPS-V.C. HQS PRE-INSPECTIONS .......................................................................... 55 TPS-V.D. INITIAL LEASE TERM ................................................................................ 56 TPS-V.E. PORTABILITY ..............................................................................................56 TPS-V.F. PAYMENT STANDARDS ........................................................................... .57 TPS-V.G. TERMINATION OF VOUCHERS ............................................................... 57 PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS.................. 57

GLOSSARY

A. Acronyms Used in the Housing Choice Voucher Program
B. Subsidized Housing Terminology

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72 Housing Authority of the City of Pittsburg

Introduction

ABOUT THE ADMINISTRATIVE PLAN

THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN

AUTHORITIES FOR POLICIES IN THE MODEL ADMINISTRATIVE PLAN The authority for public housing agency (PHA) policies is derived from many sources.

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73 Housing Authority of the City of Pittsburg
Primary among these sources are federal statutes, federal regulations, and guidance issued by the United States Department of Housing and Urban Development (HUD).

State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.

HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.

HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations, and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.”
Material posted on the HUD website can provide further clarification of HUD policies.

For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.

State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.

Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.

RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN
The model administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model administrative plan may contain the entire name of the document or resource.

FollowingThe following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the model administrative plan or that may be helpful to you.

Abbreviations
Throughout the model administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the model administrative plan.
74 Housing Authority of the City of Pittsburg

Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.

HUD-50058
IB
HUD -50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.

VG PIH Notice 2004 -01 Verification Guidance, March 9, 2004.

HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs

Resources and Where to Find Them
FollowingThe following is a list of resources helpful to the PHA or referenced in the model administrative plan, and the online location of each.

The HUD Web site is http://portal.hud.gov/hudportal/HUD.

Guidebooks, handbooks and other HUD resources may be found at the HUDClips Web site:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips.

Document and Location
Code of Federal Regulations
http://www.gpoaccess.gov/cfr/index.htmlhttps://www.ecfr.gov/ Earned Income Disregard FAQ
www.hud.gov/offices/pih/phr/about/ao_faq_eid.cfm
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 18371937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-18435.pdf
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
http://www.hud.gov/offices/pih/programs/ph/rhiip/docs/eivsecguidepha.pdfhttps://ww w.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
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Executive Order 11063
http://www.hud.gov/offices/fheo/FHLaws/EXO11063.cfmhttps://www.archives.gov/f ederal-register/codification/executive-order/11063.html Federal Register
http://www.access.gpo.gov/su_docs/aces/fr-
cont.htmlhttps://www.federalregister.gov/
General Income and Rent Determination FAQs
www.hud.gov/offices/pih/programs/ph/rhiip/faq_gird.cfm
Housing Choice Voucher Program Guidebook (7420.10G), April 2001Updated Chapters
www.hud.gov/offices/pih/programs/hcv/forms/guidebook.cfmhttps://www.hud.gov/pr ogram_offices/public_indian_housing/programs/hcv/guidebook HUD-50058 Instruction Booklet
http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.pdf HOTMA Final Rule https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing- opportunity-through-modernization-act-of-2016-implementation-of-sections- 102-103-and-
104?utm_campaign=subscription+mailing+list&utm_source=federalregister.go v&utm_medium=email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
http://www.hud.gov/offices/fheo/library/huddojstatement.pdfhttps://www.justice.gov/ sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
http://www.hud.gov/offices/fheo/promotingfh/FederalRegistepublishedguidance.pdfhtt ps://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2012-10, Verification of Social Security Numbers (SSNs)2010-26 (HA), Nondiscrimination and Supplemental Security Accessibility Notice Income (SSI) Benefits; and Effective Use of the Enterprise Income Verification (EIV) System’s Identity Verification Report
http://portal.hud.gov/huddoc/pih2012-

10.pdfhttps://www.hud.gov/sites/documents/DOC_8993.PDF
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76 Housing Authority of the City of Pittsburg
Notice PIH 2010-182017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System http://www.hud.gov/offices/pih/publications/notices/10/pih2010-

18.pdfhttps://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice http://www.hud.gov/offices/pih/publications/notices/10/pih2010-26.pdfVAWA Resources
https://www.hud.gov/vawa
OMB Circular A-133
http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2010 Project-Based Voucher Program; Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05-20035.pdf

Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
www.hud.gov/offices/pih/programs/ph/rhiip/faq.cfm
VAWA Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2010-10-27/pdf/2010-26914.pdf Verification FAQ
www.hud.gov/offices/pih/programs/ph/rhiip/faq_verif.cfm Verification Guidance, March 2004 (attachment to Notice PIH 2004-1) http://www.hud.gov/offices/pih/publications/notices/04/verifguidance.pdf

The HUD Web site is http://portal.hud.gov/hudportal/HUD.

Guidebooks, handbooks and other HUD resources may be found at the HUDClips Web site:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips

*This Administrative Plan first explains HUD’s policies section by section by defining what is required of all housing authorities also known as PHAs. The policies of the Housing Authority – Housing Authority of the City of Pittsburg (HACP), modeleded after HUD’s policies, specifically pertains to this Housing Authority and is explained as a subsection to each HUD policy.

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Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN

INTRODUCTION
The Public Housing Agency also known as PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development abbreviated as HUD. A PHA is not a federal department or agency. A PHA is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations, and notices and must establish policies and procedures to clarify federal requirements and to ensure consistency in program operation.

This chapter contains information about the PHA and its programs with emphasis on the HCV program. It also contains information about the purpose, intent, and use of the plan and guide.

There are three parts to this chapter:

Part I: The Public Housing Agency (PHA). This part includes a description of the 78 Housing Authority of the City of Pittsburg
1-3

PHA, its jurisdiction, its programs, and its mission and intent.

Part II: The HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.

Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.

PART I:

HOUSING AUTHORITY OF THE CITY OF PITTSBURG
1-I.A. OVERVIEW
This part explains the origin of the HACP’s creation and authorization, the general structure of the organization, and the relationship between the HACP Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF THE PUBLIC HOUSING AGENCY The HCV program, also known as Section 8, is a tenant-based assistance and is funded by the federal government and administered by the Housing Authority of the City of Pittsburg also known as the HACP for the jurisdiction of the City of Pittsburg in the County of Contra Costa.

The officials of the PHA are known as commissioners or, collectively, as the board of commissioners (Board). At the HACP, the City Council and two HACP program beneficiaries serve as the Board of Commissioners. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation, establishing policies under which the HACP conducts business, ensuring that policies are followed by HACP staff and ensuring that the HACP is successful in its mission. The Board is responsible for preserving and expanding the HACP’s resources and assuring the HACP’s continued viability.

Formal actions of the HACP are taken through written resolutions, adopted by the Board and entered into the official records of the HACP.

The principal staff member of the HACP is the executive director (ED), hired by the City Council of the City of Pittsburg. The ED is charged to hire the Housing Manager who is directly responsible for carrying out the policies established by the Board and is delegated the responsibility for hiring, training and supervising the HACP staff in order to manage the day-to-day operations of the HACP. The Housing Manager under the direction of the ED is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the Housing Manager’s duties include budgeting and financial planning for the HACP.
1-I.C. Housing Authority of the City of Pittsburg’s MISSION The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making 79 Housing Authority of the City of Pittsburg
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resource allocation choices, satisfying clients and stakeholders, and making decisions.

HACP Policy:

The HACP ’s mission is to provide safe, decent and sanitary housing conditions for very low-income families and to manage resources efficiently. The HACP is committed to promote personal, economic, and social upward mobility to provide families the opportunity to make the transition from subsidized to non-subsidized housing.

1-I.D. THE
Housing Authority of the City of Pittsburg’s PROGRAMS
The following programs are included under this Administrative Plan:

HACP Policy:

The HACP’s Administrative Plan is applicable to the operation of the Housing Choice Voucher (HCV) program, the Project Based Voucher (PVB) program, the Veteran’s Affairs Supportive Housing (VASH) and the Housing Choice Voucher Homeownership program.
1-I.E. THE
Housing Authority of the City of Pittsburg’s COMMITMENT TO ETHICS

AND SERVICE
As a public service agency, the HACP is committed to providing excellent service to HCV program participants, owners, and to the community. The HACP’s standards include:
• Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, and sanitary housing, in compliance with program housing quality standards, for very low-income families while ensuring that family rents are fair, reasonable, and affordable.
• Encourage self-sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational, and other human service needs.
• Promote fair housing and equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. • Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and community support in accomplishing the HACP’s mission.

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• Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of the HACP’s support systems and a high level of commitment to our employees and their development.

The HACP will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them.
1-l.F. LOCA L GOALS/OBJECTIVES [24 CFR 982.1]
For the next five years, the agency has established the following primary objectives:

Objective One: To a ssure th at the housing subsidy programs for which it is funded are well run. The HACP cannot meet all the housing needs of the low- income population in Pittsburg. Primarily, the HACP is f unded to op erate t he HCV Program. Consequently, its first priority is to assure that this program is efficient which is defined as a content score of at least 90% and above on the Section 8 Management Assessment Program (SEMAP). Currently, with a score of 10 0%, the HACP is considered a “High Performer” under SEMAP. The HACP plans to maintain that score at t hat level for the p eriod covered by this Administrative Plan.

Objective Two: To expand the number of housing opportunities. Although there is no new funding for low-income housing, the HACP continues to seek ways of expanding the supply of affordable housing. In that regard, the HACP plans to continue meeting with landlords to inform and encourage participation in the program.

Objective Three: To increase the number of tenant-based assistance through the Veterans Assisted S upportive Housing Program (VASH). This change will likely have a significant impact on the HACP as the estimated number of units is expected to increase over the next couple of years.

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PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1874 and a brief history of the program will assist the reader to better understand the program.

The United States Housing Act of 1937 is responsible for the birth of federal housing program initiatives and was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents.

The Housing and Community Development Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The Housing and Community Development Act of 18741974 represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.

Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing where this housing was made available to lower- income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (Housing Quality Standards or HQSNSPIRE) and was within certain HUD-established rent limitations (Fair Market Rents or FMR), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at thirty percent (30%) of the family’s adjusted income, with the remainder of the rent paid by the program.

Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the PVB program where the rental assistance remains with the unit, should the family decide to move).

Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.

The Housing and Community Development Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.

However, the Voucher program permitted families more options in housing selection.

Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of thirty percent (30%) of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than thirty percent (30%) of their adjusted income for rent.

From 18871987 through 18991999, public housing agencies managed both the 82 Housing Authority of the City of Pittsburg
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Certificate and Voucher programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law.

In 1998, the Quality Housing and Work Responsibility Act (QHWRA), also known as the Public Housing Reform Act, was signed into law. The Public Housing Reform Act eliminated all statutory differences between the Certificate and Voucher programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program.

The HCV program was modeleded closely on the pre-merger Voucher program.

However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent.

The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the HCV program.

On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. The Final Rule implementing broad changes to income and asset in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over- income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule.

1-II.B. HOUSING CHOICE VOUCHER PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by HUD. The HACP is
afforded choices in the operation of the program which are included in the HACP’s Administrative Plan, a document approved by the Board of the HACP.

The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in the HACP’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.

When a family is determined to be eligible for the program and funding is available, the HACP issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the HACP will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.

Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The HACP continues to make 83 Housing Authority of the City of Pittsburg
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payments to the owner as long as the family is eligible for assistance and the housing unit continues to qualify under the program.

1-II.C. THE HOUSING CHOICE VOUCHER PARTNERSHIPS
To administer the HCV program, the HACP enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract). The HACP also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.

For the HCV program to work and be successful, all parties involved, HUD, the HACP, the owner, and the family, have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that the parties execute to participate in the program.

that the parties execute to participate in the program.

The chart on the following page illustrates key aspects of these relationships.

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The HCV Relationships:

Congress
Appropriates
Funding

HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner / Landlord Family
(Program
Participant)
Voucher specifies
Family Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Lease specifies
Tenant and Landlord
Obligations
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
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What Does HUD Do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices, and other guidance to implement HCV housing program legislation passed by Congress • Allocate HCV program funds to PHAs
• Provide technical assistance to PHAs on interpreting and applying HCV program requirements; and
• Monitor PHA compliance with HCV program requirements and PHA performance in program administration.

What Does the Housing Authority of the City of Pittsburg Do? The HACP administers the HCV program under contract with HUD and has the following major responsibilities:
• Establish local policies to administer the program
• Review applications from interested applicants to determine whether they are eligible for the program
• Maintain a waiting list and process families for admission • Issue vouchers to eligible families and provide information on how to lease a unit • Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration
• Approve the rental unit (including assuring compliance with Housing Quality Standards and rent reasonableness), the owner, and the tenancy • Make housing assistance payments to the owner in a timely manner • Recertify families for continued eligibility under the program • Ensure that owners and families comply with their contractual obligations • Provide families and owners with prompt, professional service; and • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the Annual Contributions Contract, HUD-approved applications for funding, the HACP’s Administrative Plan, and other applicable federal, state and local laws.

What Does the Owner Do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine suitability as renters. 86 Housing Authority of the City of Pittsburg
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- The HACP can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner. - The owner should consider family background factors such as rent and bill- paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others.
• Comply with the terms of the Housing Assistance Payments (HAP) contract executed with the HACP
• Comply with all applicable fair housing laws and not discriminate against anyone • Maintain the housing unit in accordance with Housing QualityNational Standards for the Physical Inspection of Real Estate (NSPIRE) and make necessary repairs in a timely manner; and
• Collect rent due from the assisted family and otherwise comply with and enforce provisions of the lease.

What Does the Family Do?
The family has the following responsibilities:
•
Provide the HACP with complete and accurate information as determined by the HACP to be necessary for administration of the program
• Make their best and most timely efforts to locate qualified and suitable housing • Attend all appointments scheduled by the HACP
• Allow the HACP to inspect the unit at reasonable times and after reasonable notice • Take responsibility for care of the housing unit, including any violations of Housing Quality Standards caused by the family
• Comply with the terms of the lease
• Comply with the family obligations of the voucher
• Not commit serious or repeated violations of the lease • Not engage in drug-related or violent criminal activity • Notify the HACP and the owner before moving or terminating the lease • Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any owner interest in the unit • Promptly notify the HACP of any changes in family composition; and • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs.

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1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 35: Lead-Based Paint
• 24 CFR Part 100: The Fair Housing Act
• 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program
• 24 CFR Part 983: Project-Based Vouchers
• 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP)

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PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE ADMINISTRATIVE PLAN The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the HACP’s agency plan. This Administrative Plan is a supporting document to the HACP agency plan and is available for public review as required by CFR 24 Part 903.

This Administrative Plan is set forth to define the HACP 's local policies for operation of the housing programs in accordance with federal laws and regulations. All issues related to the HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable law.

The policies in this Administrative Plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding.

The HACP is responsible for complying with all changes in HUD regulations pertaining to the HCV program. If such changes conflict with this Administrative Plan, HUD regulations will control.

Administration of the HCV program and the functions and responsibilities of HACP staff shall be in compliance with the HACP 's personnel policy and HUD regulations as well as all federal, state and local fair housing laws and regulations.

1-III.B. CONTENTS OF THE ADMINISTRATIVE PLAN [24 CFR 982.54] HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow:
• Selection and admission of applicants from the HACP waiting list, including any HACP admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the HACP waiting list (Chapter 4),
• Issuing or denying vouchers, including HACP Policy: governing the voucher term and any extensions of the voucher term. If the HACP decides to allow extensions of the voucher term, the HACP Administrative Plan must describe how the HACP determines whether to grant extensions, and how the HACP determines the length of any extension (Chapter 5),
• Any special rules for use of available funds when HUD provides funding to the HACP for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4), • Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12), Formatted: Left, Indent: Left: 0", First line: 0",
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• Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 13)
• Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2)
• Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13)
• Subsidy standards (Chapter 5)
• Family absence from the dwelling unit (Chapter 12)
• How to determine who remains in the program if a family breaks up (Chapter 3) • Informal review procedures for applicants (Chapter 16) • Informal hearing procedures for participants (Chapter 16) • The process for establishing and revising voucher payment standards, including policies on administering decreases in the payment standard during the HAP contract term (Chapter 16)
• The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8)
• Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15)
• Policies concerning payment by a family to the HACP of amounts the family owes the HACP (Chapter 16)
• Interim redeterminations of family income and composition (Chapter 11) • Restrictions, if any, on the number of moves by a participant family (Chapter 10) • Approval by the Board or other authorized officials to charge the administrative fee reserve (Chapter 16)
• Procedural guidelines and performance standards for conducting required HQSNSPIRE inspections (Chapter 8); and
• HACP screening of applicants for family behavior or suitability for tenancy (Chapter 3).

• Policies governing the project-basing of vouchers in both the standard Project-Based Voucher (PBV) program (Chapter 17) and the RAD Project-Based Voucher program (Chapter 18); and
• Special policies governing any special purpose vouchers issued by the PHA (Chapter 19).

Mandatory vs. Discretionary Policy
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HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
• Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff.

HUD expects the HACP to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the HACP discretion. The HACP 's Administrative Plan is the foundation of those policies and procedures. HUD’s directions require HACP to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.

Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions.

1-III.C. ORGANIZATION OF THE ADMINISTRATIVE PLAN
The plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE ADMINISTRATIVE PLAN
The HACP will revise this Administrative Plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the Board of the agency, the pertinent sections included in the PHA Agency Plan, and a copy provided to HUD.

HACP Policy:

The HACP may review and update the Administrative Plan once a year, and more often if needed, to reflect changes in regulations, HACP operations, or when needed to ensure staff consistency in operation.

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Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY

INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s HCV operations.

This chapter describes HUD regulations and PHA policies related to these topics in three parts:

Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.

Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the HCV program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1873 and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.

Part III: Prohibition of Discrimination Against Limited English Proficiency Persons.

This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP).

This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register.

PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:

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• Title VI of the Civil Rights Act of 1864
• Title VIII of the Civil Rights Act of 1868 (as amended by the Community Development Act of 1874 and the Fair Housing Amendments Act of 1888)

• Executive Order 11063
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
• Violence Against Women Reauthorization Act of 2013 (VAWA) When more than one civil rights law applies to a situation, the laws will be read and applied together.

Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.

HACP Policy:

The HACP complies with the following laws:

California Fair Employment and Housing Act (FEHA)
Unruh Civil Rights Act
2-I.B. NONDISCRIMINATION

Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors.

The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”) Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of

18. HACP Policy:

The HACP will not discriminate on the basis of: [FR Notice 02/03/12]. • Gender, Gender Identity, and Gender Expression
• Sexual Orientation
• Marital Status
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• Ancestry
• Source of Income
• Genetic Information
California Supreme Court has held that protections under the Unruh Act are not necessarily restricted to these characteristics. The Unruh Act is meant to cover

all arbitrary and intentional discrimination by a business establishment on the bases of personal characteristics similar to those listed above.

The HACP will not use any of these factors to:
• Deny any family the opportunity to apply for housing, nor deny any qualified applicant the opportunity to participate in the housing choice voucher program. • Provide housing that is different from that provided to others. • Subject anyone to segregation or disparate treatment. • Restrict anyone's access to any benefit enjoyed by others in connection with the housing program.
• Treat a person differently in determining eligibility or other requirements for admission.
• Steer an applicant or participant toward or away from a particular area based any of these factors.
• Deny anyone access to the same level of services.
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program.
• Discriminate in the provision of residential real estate transactions. • Discriminate against someone because they are related to or associated with a member of a protected class.
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class.

Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicants about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The HAP contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the Formatted: Line spacing: Multiple 1.15 li
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contract.

2-I.C. DISCRIMINATION COMPLIANTS
General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA staff or an owner, the family should advise the PHA. The PHA should make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.

HACP.In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.

HACP Policy:

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

Within 10 business days of receiving the complaint, the PHA will investigate and attempt to remedy discrimination complaints made against the PHA. The PHA will also advise the family of their right to file a fair housing complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The fair housing poster, posted in conspicuous and accessible locations in HACP lobby, will reference how to file a complaint with FHEO.

The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Complaints under the Equal Access Final Rule [Notice PIH 2014-20] Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation. The PHA will be informed on these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.

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

Within 10 business days of receiving the complaint, the HACP will provide a written notice to those alleged to have violated the rule. The HACP will also send a written notice to the complainant informing them that notice was sent to those Formatted: Line spacing: 1.5 lines
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alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).

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

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

The HACP will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.

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

HACP Policy:

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

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

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

The HACP will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
Discrimination Complaints
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If an applicant or participant believes that any family member has been discriminated against by the HACP staff or an owner, the family should advise the HACP. HUD requires the HACP to make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action. In addition, the HACP is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].

Upon receipt of a housing discrimination complaint, the HACP is required to:
• Provide written notice of the complaint to those alleged and inform the complainant that such notice was made.
• Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted.
• Keep records of all complaints, investigations, notices, and corrective actions [Notice PIH 2014-20].
]HACP Policy:

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

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

The HACP will provide a written notice to those alleged to have violated the rule.

The HACP will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD's Office of Fair Housing and Equal Opportunity (FHEO).

Following the conclusion of the HACP's investigation, the HACP will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted.
• The HACP will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)

Additionally, the fair housing agency serving the City of Pittsburg is:

Pacific Community Services, Inc.
329 Railroad Avenue, Pittsburg, CA 94565
Phone: (925) 439-1056 or
Email: http://www.pcsi.org/

Email: http://www.pcsi.org/
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ECHO Housing
301 West 10th Street Antioch, CA 94509
Phone: 925-732-3919 or 510-485-9155
Email: https://www.echofairhousing.org/tenantlandlord-services.html

PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES

2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.

The PHA must ensure that persons with disabilities have full access to the PHA programs and services. This responsibility begins with the first contact by an interested family and continues through every aspect of the program.

HACP Policy:

The HACP will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the HACP, by including the following language:
“If you or anyone in your family is a person with disabilities and you require a specific accommodation in order to fully utilize HACP’s programs
and services, please contact the HACP.”
A specific name and phone number of designated HACP staff will be provided to process requests for accommodation.

The HACP will display posters and other housing information and signage in locations throughout the HACP’s office in such a manner as to be easily readable from a wheelchair.

2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program.

For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit.
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Federal regulations stipulate that, requests for accommodations will be considered reasonable if they do not create an “undue financial and administrative burden” for the PHA or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.

Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
• Permitting applications and reexaminations to be completed by mail. • Conducting home visits.
• Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the HACP determines this is necessary to enable a person with disabilities to obtain a suitable housing unit. • Providing time extensions for locating a unit, when necessary, because of lack of availability of accessible units or special challenges of the family in seeking a unit. • Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with HACP staff. •
2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the HACP treat the information as a request for a reasonable accommodation, even if no formal request is made
[Joint Statement of the Departments of HUD and Justice:

Reasonable Accommodations under the Fair Housing Act].

The family must explain what type of accommodation is needed to provide the person with the disability full access to the HACP’s programs and services.

If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual’s disability.

HACP Policy:

The HACP may encourage the family to make its request in writing using a HACP reasonable accommodation request form. However, the HACP will consider the accommodation any time the family indicates that an accommodation is needed whether or not a formal written request is submitted and regardless of whether the request is submitted on HACP’s Reasonable Accommodation form.

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The family must explain what type of accommodation is needed to provide the person with the disability full access to HACP’s programs and services.

If the need for the accommodation is not readily apparent or known to the HACP, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable relationship, or nexus, between the requested accommodation and the individual’s disability.

The request for a reasonable accommodation/reasonable modification need not use a specific written form and need not mention the Fair Housing Act, Section 504, or the ADA, or use the phrase "reasonable accommodation" or “reasonable modification." Requests for accommodation will be evaluated and decided upon by the Housing Manager and/or another staff member trained in and knowledgeable about fair housing and reasonable accommodations.

2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.

Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.

If a person’s disability is obvious or otherwise known to the HACP, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].

If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.

When verifying a disability, the PHA will follow the verification policies provided in Chapter 7. All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
• Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
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• The HACP must request only information that is necessary to evaluate the disability- related need for the accommodation. The HACP will not inquire about the nature or extent of any disability.
• Medical records will not be accepted or retained in the participant file. •
In the event that the HACP does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the HACP Staff will dispose of it. In place of the information, the HACP will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26].

2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH 2010-26].

The HACP must approve a request for an accommodation if the following three conditions are met:
• The request was made by or on behalf of a person with a disability. • There is a disability-related need for the accommodation. • The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the HACP, or fundamentally alter the nature of the HACP’s HCV program (including the obligation to comply with HUD requirements and regulations).

Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the overall size of the HACP’s program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs.

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

HACP Policy:::

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

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whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the HCV program and without imposing an undue financial and administrative burden.

If the HACP believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the HACP will notify the family, in writing, of its determination within 15 business days from the date of the most recent discussion or communication with the family.

2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION

IMPAIRMENTS
HUD regulations require the HACP to ensure that persons with disabilities related to hearing and vision have reasonable access to the HACP 's programs and services [24 CFR 8.6].

At the initial point of contact with each applicant, the HACP shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.

HACP Policy:

To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication may be available.

To meet the needs of persons with vision impairments, large-print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with HACP staff, one-on-one assistance will be provided upon request.

Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third -party
representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings.

2-II.G. PHYSICAL ACCESSIBILITY
The HACP must comply with a variety of regulations pertaining to physical accessibility, including the following:
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
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• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The HACP’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents:
• This plan describes the key policies that govern the HACP’s responsibilities with regard to physical accessibility.
• Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federally funded housing programs.
• The HACP Needs Assessment Plan provides information about self-evaluation, needs assessment, and transition plans.

The design, construction, or alteration of
HACP facilities must conform to the Uniform
Federal Accessibility Standards (UFAS). Newly constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the HCV program.

When issuing a voucher to a family that includes an individual with disabilities, the HACP will include a current list of available accessible units known to the HACP and may assist the family in locating an available accessible unit, if necessary.

In general, owners must permit the family to make reasonable modifications to the unit.

However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family’s expense when the family moves.

2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
The HACP’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)].

When applicants with disabilities are denied assistance, the notice of denial must inform them of the HACP’s informal review process and their right to request an informal review. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review process.

When a participant family’s assistance is terminated, the notice of termination must inform them of the HACP’s informal hearing process and their right to request a hearing and reasonable accommodation.

When reviewing reasonable accommodation requests, the HACP must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the HACP’s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the HACP must make the accommodation.

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PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED

ENGLISH PROFICIENCY (LEP)
2-III.A. OVERVIEW
Language for LEP can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the HCV program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register.

The HACP will take affirmative steps to communicate with people who need services or information in a language other than English.

LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants and participants, and parents and family members of applicants and participants.

In order to determine the level of access needed by LEP persons, the HACP will take into consideration the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the HCV program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the HACP and costs. Considering these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the HACP.

2-III.B. ORAL INTERPRETATION
The HACP will offer competent interpretation services free of charge, upon request, to the LEP person.

HACP Policy:

Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the HACP. The interpreter may be a family member or friend.

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The HACP will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.

Where feasible and possible, according to its language assistance plan (LAP), the HACP will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents.

2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written text in another language.

HACP Policy:

In order to comply with written-translation obligations, the HACP will take the following steps:

The HACP will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered. Translation of other documents, if needed, can be provided orally; or
If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the
HACP does not translate vital written materials, but
provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.

2-III.D. IMPLEMENTATION PLAN
After completing the four-factor analysis and deciding what language assistance services are appropriate, the HACP shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves.

If the HACP determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to the PHA’s HCV program and services.

HACP Policy:

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If it is determined that the HACP serves very few LEP persons, and the HACP has very limited resources, the HACP will not develop a written LEP plan but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, grassroots and faith-based organizations, community groups, and groups working with new immigrants will be contacted for input into the process.

If the HACP determines it is appropriate to develop a written LEP plan, the following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.

See Exhibit 2-1

EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201] A person with a disability, as defined under federal civil rights laws, is any person who:
•
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major life activities of an individual; or
• Has a record of such impairment; or
• Is regarded as having such impairment.

The phrase “physical or mental impairment” includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
• Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes but is not limited to such diseases and conditions as: orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. “Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working. “Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
“Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the multiple sclerosis) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.

The definition of a person with disabilities does not include:
• Current illegal drug users
• People whose alcohol use interferes with the rights of others. • Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the HCV program.

The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.

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The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.

The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability.

Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity
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Chapter 3

ELIGIBILITY

INTRODUCTION
The HACP is responsible for ensuring that every individual and family admitted to the HCV program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the HACP to confirm eligibility and determine the level of the family’s assistance.

To be eligible for the HCV program:
• The applicant family must:
- Qualify as a family as defined by HUD and the HACP.
- Have income at or below HUD-specified income limits.
- Qualify on the basis of citizenship or the eligible immigrant status of family members.
- Provide social security number information for household members as required. - Consent to the HACP’s collection and use of family information as provided for in HACP-provided consent forms.
- Meet net asset and property ownership restriction requirements. • The HACP must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the HACP.

This chapter contains three parts:

Part I: Definitions of Family and Household Members. This part contains HUD and HACP definitions of family and household members and explains initial and ongoing eligibility issues related to these members.

Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent.

Part III: Denial of Assistance. This part covers factors related to an applicant’s past or current conduct (e.g. criminal activity) that can cause the HACP to deny assistance as well as the asset limitation for HCV.

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PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS
3-I.A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the family requesting assistance. In addition, some requirements apply to the family as a whole and others apply to individual persons who will live in the assisted unit. This section provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules.

3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c);5.403; FR Notice 02/03/12; Notice PIH 2014-20] and FR Notice 2/14/23]

The terms
family and household have different meanings in the HCV program.

Family
To be eligible for assistance, an applicant must qualify as a family. Family, as defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person, displaced person, disabled person, near-elderly person, or any other single person; an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or a group of persons residing together. Such group includes but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, orand the remaining member of a tenant family. The HACP has the discretion to determine if any other group of persons qualifies as a family.

Gender Identity means actual or perceived gender characteristics.

Sexual orientation means homosexuality, heterosexuality, or bisexuality.

HACP Policy:

A family also includes two or more individuals who are not related by blood, marriage, adoption, or other operation of law but who either can demonstrate that they have lived together previously or certify that each individual’s income and other resources will be available to meet the needs of the family.

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Each family must identify the individuals to be included in the family at the time of application and must notify the HACP if the family’s composition changes.

Household
Household is a broader term that includes additional people who, with the HACP’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.

3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Breakup [24 CFR 982.315; Notice PIH 2017-08]
Except under the following conditions, the HACP has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up:
• If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, or stalking or human trafficking, the HACP must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking and human trafficking, see section 16-IX. D of this plan.)
• In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking or human trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator’s HUD–VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the • HUD–VASH voucher, which must be issued to another eligible family upon the voucher’s turnover.
•
If a court determines the disposition of property between members of the assisted family, the HACP is bound by the court’s determination of which family members continue to receive assistance.

HACP Policy:

When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date if the waiting list is open.

If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted.

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waiting list or continue to receive assistance. In making its determination, the HACP will take into consideration the following factors: (1) the interest of any minor children, including custody arrangements; (2) the interest of any ill, elderly, or disabled family members; (3) the interest of any family member who is the victim of domestic violence, dating violence, sexual assault, or stalking, or human trafficking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible risks to family members as a result of criminal activity; and (5) the recommendations of social service professionals (6) any original remaining members that can qualify as head of household.

Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.

If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6-I.B, for the policy on “Caretakers for a Child.”

HACP Policy:

The disposition of a H ousing Choice Voucher m ay be transferred to remaining family member(s) of a deceased participant under the following conditions:
•
The rem aining member named he ad of ho usehold must be 18 y ears of age or older and was previously listed on the HUD-50058.
• In the instance of an emancipated remaining family membe r, th e emancipated remaining member shall have primary, legal custody of any remaining children (if applicable).
• A party, never having been included in the original family com position and who h as gained primary, legal custody of the rem aining children may become h ead of h ousehold, u nless otherwise assisted or ineligible for the program.

3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead
or spouse.

HACP Policy:

The family may designate any qualified family member as the head of household.

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The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.

3-I.E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13].

Spouse means the marriage partner of the head of household.

HACP Policy:

A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, roommates, or significant others who are not marriage partners. A minor who is emancipated under state law may be designated as a spouse.

A cohead
is an individual in the household who is equally responsible with the head of household for ensuring that the family fulfills all of its responsibilities under the program, but who is not a spouse. A family can have only one cohead.

HACP Policy:

Minors who are emancipated under state law may be designated as a cohead.

Other adult means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live -in aides are not
considered other adults.

3-I.F. DEPENDENTDEPENDENTS AND MINORS [24 CFR 5.603]
A minor is a member of the family, other than the head of family or spouse, who is under 18 years of age. A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides. Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance as described in Chapter 6.

Joint Custody of Dependents

HACP Policy:

Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 5150% percent or more of the time (183 days out of the year).

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When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the HACP will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes.

3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, p. 5-29]

A full-time student (FTS) is a person who is attending school or vocational training on a full-time basis. The time commitment or subject load that is needed to be full-time is defined by the educational institution.

Identifying each FTS is important because: (1) each family member that is an FTS, other than the head, spouse, or cohead, qualifies the family for a dependent allowance; and (2) the earned income of such an FTS is treated differently from the income of other family members.

3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12]
Elderly Persons
An elderly person is a person who is at least 62 years of age.

Near-Elderly Persons
A near-elderly person is a person who is 50-61 years of age.

Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person. Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6.

3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12]

Persons with Disabilities
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definitions of individual with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter. These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability.

As discussed in Chapter 2, the HACP must make all aspects of the HCV program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person’s disability.

Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with disabilities. Identifying disabled families is important because these families qualify for the disabled family allowance as described in Chapter 6.

Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the HACP from denying assistance for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter, or from terminating assistance in accordance with the policies in Chapter 12, Section I.E.

3-I.J. GUESTS [24 CFR 5.100]
A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent. The head of household is responsible for the conduct of visitors and guests, inside the unit as well as anywhere on or near HACP premises [24CFR 5.100]

HACP Policy:

A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent. The head of household is responsible for the conduct of visitors and guests, inside the unit as well as anywhere on or near HACP premises [24CFR 5.100]

A guest can remain in the assisted unit no longer than
15 consecutive days or a
total of 45 cumulative calendar days during any 12-month period.

Children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the assisted household more than 51% percent of the time, are not subject to the time limitations of guests as described above.

A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 40 consecutive days). An exception will not be made unless the family can identify and provide Formatted: Line spacing: Multiple 1.15 li
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documentation of the residence to which the guest will return.

Participants cannot violate the terms of their lease if the lease is more restrictive than the Housing Authority’s guest policies.

3-I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603] A foster adult is a member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.

A foster child is a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.

Foster adults are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone [24 CFR 5.609].

The term foster child is not specifically defined by the regulations.

Foster children and foster adults who are living with an applicant or who have been approved by the HACP to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in family annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603; HUD-50058 IB, p. 13].

HACP Policy:

A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of short-term or long-term foster care arrangement with the custodial agency.

A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of HQSNSPIRE space standards according to 24 CFR 982.401as described in Section 8-I.F. of this policy.

Children that
are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.

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3-I.L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order.

Definitions of Temporarily and Permanently Absent

HACP Policy:

Generally, an individual who is or is expected to be absent from the assisted unit for 180 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 180 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.

Absent Students
HACP Policy:

HACP Policy:

When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the HACP indicating that the student has established a separate household, or the family declares that the student has established a separate household.

Absences Due to Placement in Foster Care [24 CFR 5.403] Children temporarily absent from the home as a result of placement in foster care are considered members of the family.

HACP Policy:

If a child has been placed in foster care, the HACP will verify with the appropriate agency whether or when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.

Absent Head, Spouse, or Cohead

HACP Policy:::

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member.

Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22]

If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22].

HACP Policy:

The HACP will require verification of the family member’s permanent absence from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person will be considered temporarily absent. If the family certifies that the family member is confined on a permanent basis, they may present, and the HACP will consider, any additional documentation or evidence.

When an individual who has been counted as a family member is determined permanently absent, the family is eligible for the medical expense deduction only if the remaining head, spouse, or cohead qualifies as an elderly person or a person with disabilities.

Return of Permanently Absent Family Members

HACP Policy:::

The family must request HACP approval for the return of any adult family members that the HACP previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter.

3-I.M. LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well-being of the persons, (2) is not obligated for the support of the persons, and (3) would not be living in the unit except to provide the necessary supportive services [24 CFR 5.403].

The HACP must approve a live
-in aide if needed as a reasonable accommodation in
accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities.

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family [24 CFR 5.609(b)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family.

HACP Policy:

A family’s request for a live-in aide must be made in writing. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near elderly, or disabled family member. For continued approval, the family must submit a new, written request-subject to HACP verification-at each annual reexamination.

In addition, the family and live -in aide will be required to submit a certification stating that the live -in aide is (1) not obligated for the support of the person(s) needing the care, and (2)
would not be living in the unit except to provide the
necessary supportive services.

All live-in aides will be subject to HACP’s non-income related screening.

The HACP will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)] if:

• The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program,
• The person commits drug-related criminal activity or violent criminal activity; or
• The person currently owes rent or other amounts to the HACP or to another HACP in connection with Section 8 or public housing assistance under the 1837 Act.

The HACP will notify the family of its decision in writing within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request.

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PART II: BASIC ELIGIBILITY CRITERIA
3-II.A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD establishes income limits for all areas of the country and publishes them annually in the Federal Register. They are based upon estimates of median family income with adjustments for family size. The income limits are used to determine eligibility for the program and for income targeting purposes as discussed in this section.

Definitions of the Income Limits [24 CFR 5.603(b)]
Low-income family: A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size.

Very low-income family: A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size.

Extremely low-income family: A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.

Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes.

Using Income Limits for Eligibility [24 CFR 982.201] and Notice PIH 2023-27] Income limits are used for eligibility only at admission. Income eligibility is determined by comparing the annual income of an applicant to the applicable income limit for their family size. Income and net family assets of household members are excluded when determining income eligibility; however, household members are considered for purposes of unit size and subsidy standards. In order to be income eligible, an applicant family must be one of the following:
• A very low-income family
•
A low-income family that has been "continuously assisted" under the 1937 Housing Act. A family is considered to be continuously assisted if the family is already receiving assistance under any 1937 Housing Act program at the time the family is admitted to the HCV program [24 CFR 982.4]

HACP Policy:

The HACP will consider a family to be continuously assisted if the family was leasing a unit under any 1937 Housing Act program at the time, they were selected from the HACP’s waiting list.

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• A low-income family that qualifies for voucher assistance as a non-purchasing household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily housing homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173.
• A low-income or moderate-income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract on eligible low-income housing as defined in 24 CFR 248.101.

HUD permits the HACP to establish additional categories of low-income families that may be determined eligible. The additional categories must be consistent with the HACP 5 Year & Annual Plan and the County Consolidated plans for local governments within the HACP’s jurisdiction.

HACP Policy:

The HACP has not established any additional categories of eligible low-income families.

Using Income Limits for Targeting [24 CFR 982.201]

At least seventy percent (75%) of the families admitted to the HACP's program during a
HACP fiscal year must be extremely low-income families. HUD may approve exceptions to this requirement if the HACP demonstrates that it has made all required efforts but has been unable to attract an adequate number of qualified extremely low-income families.

Families continuously assisted under the 1937 Housing Act and families living in eligible low-income housing that are displaced as a result of prepayment of a mortgage or voluntary termination of a mortgage insurance contract are not counted for income targeting purposes.

3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance.

All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the HACP’s LEP Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.

Declaration [24 CFR 5.508]
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HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens, the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults.

U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration as verification of their status. However, HUD regulations permit the HACP to request additional documentation of their status, such as a passport.

HACP Policy:: :

Family members who declare citizenship or national status will not be required to provide additional documentation unless the HACP receives information indicating that an individual’s declaration may not be accurate.

Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with HACP efforts to verify their
immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD- funded assistance.

Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S.

Government and the Governments of the FAS [Public Law 106-504].

Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The HACP is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).

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Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family.

Mixed Families

A family is eligible for assistance as long as at least one member is a citizen, national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered mixed families. Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of informal hearing procedures.

Ineligible Families [24 CFR 5.514(d), (e), and (f)]

A HACP may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the HACP that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the HACP in accordance with program requirements [24 CFR

5.512(a)].

HACP Policy:

The HACP will not provide assistance to a family before the verification of at least one family member is a U.S. citizen, national, or noncitizen with eligible immigration status.

When the
HACP determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 10 business days of the determination.

The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS), or to request an informal hearing with the HACP. The informal hearing with the HACP may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the Formatted: Line spacing: Multiple 1.15 li
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USCIS appeal process, but that it may be delayed pending the completion of the informal hearing process.

Informal hearing procedures are contained in Chapter 16.

Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]

For new occupants joining the assisted family, the HACP must verify status at the first interim or regular reexamination following the person’s occupancy, whichever comes first.

If an individual qualifies for a time extension for the submission of required documents, the HACP must grant such an extension for no more than 30 days [24 CFR 5.508(h)].

Each family member is required to submit evidence of eligible status only one time during continuous occupancy.

HACP Policy:::

The HACP will verify the citizenship status of applicants at the time other eligibility factors are determined.

3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2012 -10]

The applicant and all members of the applicant’s household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7.

Note: These requirements do not apply to noncitizens who do not contend eligible immigration status.

In addition, each participant who has not previously disclosed an Social Security Number (SSN), has previously disclosed an SSN that HUD or the Social Security Administration (SSA) determined was invalid, or has been issued a new SSN must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification.

Participants age 62 or older as of January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are exempt from this requirement and remain exempt even if they move to a new assisted unit.

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disclosure and documentation requirements contained in 24 CFR 5.216.

3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230; HCV GB, p. 5-13]

HUD requires that each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD-9886, Authorization for the Release of Information/Privacy Act Notice, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The consent form remains effective until the family is denied assistance, assistance is terminated, or the family provides written notification to revoke consent.

The HACP must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3)]. and 24 CFR 5.232(a)]. However, this does not apply if the applicant or participant, or any member of their family, revokes their consent with respect to the ability of the PHA to access financial records from financial institutions, unless the PHA establishes a policy that revocation of consent to access financial records will result in denial or termination of assistance or admission [24 CFR 5.232(c)].

HACP Policy:

The HACP has established a policy that the family’s revocation of consent to allow the HACP to access records from financial institutions will result in denial of admission.

3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]

Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education.

If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility must be examined along with the income eligibility of the student’s parents. In these cases, both the student and the student’s parents must be income eligible for the student to receive HCV assistance. If, however, a student in these circumstances is determined independent from his/her parents in accordance with HACP Policy:, the income of the student’s parents will not be considered in determining the student’s eligibility.

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The new law does not apply to students who reside with parents who are applying to receive HCV assistance. It is limited to students who are seeking assistance on their own, separately from their parents.

Definitions
In determining whether and how the new eligibility restrictions apply to a student, the HACP will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16].

Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents.

Independent Student

HACP Policy:

The HACP will consider a student “independent” from his or her parents and the parents’ income will not be considered when determining the student’s eligibility if the following four criteria are all met:
•
The individual is of legal contract age under state law. • The individual has established a household separate from his/her parents for at least one year prior to application for occupancy or the individual meets the U.S. Department of Education’s definition of independent student.

To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria:
• The individual is at least 24 years old by December 31 of the award year for which aid is sought.
• The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older.
• The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence. • The individual is a veteran of the U.S. Armed Forces or is currently serving on active duty in the Armed Forces for other than training purposes. • The individual is a graduate or professional student. • The individual is married.

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• The individual has one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent). • The individual has been verified during the school year in which the • application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by: A local educational agency homeless liaison.

The director of a program funded under subtitle B of title IV of the McKinney- Vento Homeless Assistance Act or a designee of the director or a financial aid administrator.
• The individual is a student for whom a financial aid administrator makes a documented determination of independence by reason of other unusual circumstances.
• The individual was not claimed as a dependent by his/her parents pursuant to IRS regulations, as demonstrated on the parents’ most recent tax forms.
• The individual provides a certification of the amount of financial assistance that will be provided by his/her parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided.
• If the HACP determines that an individual meets the definition of a vulnerable youth such a determination is all that is necessary to determine that the person is an independent student for the purposes of using only the student’s income for determining eligibility for assistance.

The HACP will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E.

Institution of Higher Education
The HACP will use the statutory definition under section 102 of the Higher Education Act of 1965 to determine whether a student is attending an institution of higher education (see Exhibit 3-2).

Parents
HACP Policy:

For purposes of student eligibility restrictions, the definition of parents includes biological or adoptive parents, stepparents (as long as they are currently married to the biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc.,).

Person with Disabilities
The HACP will use the statutory definition under section 3(b)(3)(E) of the 1837 Act to
determine whether a student is a person with disabilities (see Exhibit 3-1).

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Veteran
HACP Policy:

A veteran is a person who served in the active military and who was discharged or released from such service under conditions other than dishonorable.

Vulnerable Youth

HACP Policy:

A vulnerable youth is an individual who meets the U.S. Department of Education’s definition of independent student in paragraphs (b), (c), or (h), as adopted in Section II of FR Notice 9/21/16:
•
The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older.
• The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence.
• The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by:
• A local educational agency homeless liaison.
• The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director
• A financial aid administrator.

Determining Student Eligibility
If a student is applying for assistance on his/her own, apart from his/her parents, the HACP must determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612. If the student is subject to those restrictions, the HACP must ensure that: (1) the student is individually eligible for the program, (2) either the student is independent from his/her parents or the student’s parents are income eligible for the program, and (3) the “family” with which the student is applying is collectively eligible for the program.

HACP Policy:

For any student who is subject to the 5.612 restrictions, the HACP will:

•
Follow its usual policies in determining whether the student individually and the student’s “family” collectively are eligible for the program.

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• Determine whether the student is independent from his/her parents in accordance with the definition of independent student in this section. • Follow the policies below, if applicable, in determining whether the student’s parents are income eligible for the program.

If the HACP determines that the student, the student’s parents (if applicable), or the student’s “family” is not eligible, the HACP will send a notice of denial in accordance with the policies in Section 3-III.F, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-III.B.

Determining Parental Income Eligibility

HACP Policy:::

For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this section, the HACP will determine the income eligibility of the student’s parents as follows:

•
If the student’s parents are married and living together, the HACP will obtain a joint income declaration and certification of joint income from the parents.
• If the student’s parent is widowed or single, the HACP will obtain an income declaration and certification of income from that parent. • If the student’s parents are divorced or separated, the HACP will obtain an income declaration and certification of income from each parent. • If the student has been living with one of his/her parents and has not had contact with or does not know where to contact his/her other parent, the HACP will require the student to submit a certification under penalty of perjury describing the circumstances and stating that the student does not receive financial assistance from the other parent. The HACP will then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact.

In determining the income eligibility of the student’s parents, the HACP will use the income limits for the jurisdiction in which the parents live. 3-II.F. EIV SYSTEM SEARCHES [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27]
Existing Tenant Search
Prior to admission to the program, the HACP must search for all household members using the EIV Existing Tenant Search module. The HACP must review the reports for any SSA matches involving another HACP or a multifamily entity and follow up on any issues identified. The HACP must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative Formatted: Line spacing: 1.5 lines
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assistance.

If the tenant is a new admission to the HACP, and a match is identified at a multifamily property, the HACP must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable.

HACP Policy:

The HACP will contact the other PHA or owner identified in the report to confirm that the family has moved out of the unit and obtain documentation of current tenancy status, including a form HUD-50058 or 50059, as applicable, showing an end of participation. The HACP will only approve assistance contingent upon the move-out from the currently occupied assisted unit.

Debts Owed to PHAs and Terminations
All adult household members must sign the form HUD-52675 Debts Owed to Public Housing and Terminations. Prior to admission to the program, the PHA must search for each adult family member in the Debts Owed to PHAs and Terminations module.

If a current or former tenant disputes the information in the module, the tenant should contact the PHA directly in writing to dispute the information and provide any documentation that supports the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update or delete the record from EIV. Former tenants may dispute debt and termination information for a period of up to three years from the end of participation date in the program.

HACP Policy:

The HACP will require each adult household member to sign the form HUD- 52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household.

The HACP will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the HACP will determine if this information warrants a denial in accordance with the policies in Part III of this chapter.

Income and Income Validation Tool (IVT) Reports

For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission. The HACP must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates.

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PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW

A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied assistance. A PHA may deny assistance for an applicant because of the family’s action or failure to act as described in 24 CFR 982.552 or 982.553. This section will discuss other situations and circumstances in which denial of assistance is mandatory for the HACP and those in which denial of assistance is optional for the HACP.

While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual’s criminal history merits denial of admission.

When considering any denial of admission, PHAs may not use arrest records as the basis for the denial. Further, HUD does not require the adoption of “One Strike” policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-18].

HUD’s Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate.

Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16].

HUD codified this stance on disparate impact and discriminatory effects in a final rule dated March 31, 2023. In doing so, HUD also standardized its long-practiced three-step approach to assessing burdens of proof.

PHAs who impose blanket prohibitions on any person with any conviction record, no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then will be unable to show that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. Even a PHA with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary. To do this, the PHA must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and property.

Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] Denial of assistance includes any of the following:

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• Not placing the family's name on the waiting list
• Denying or withdrawing a voucher
• Not approving a request for tenancy or refusing to enter into a HAP contract • Refusing to process a request for or to provide assistance under portability procedures

Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)]

HUD rules prohibit denial of program assistance to the program based on any of the following criteria:
• Age, disability, race, color, religion, sex, or national origin (See Chapter 2 for additional information about fair housing and equal opportunity requirements.) • Where a family lives prior to admission to the program • Where the family will live with assistance under the program. Although eligibility is not affected by where the family will live, there may be restrictions on the family’s ability to move outside the HACP’s jurisdiction under portability. (See Chapter 10.) • Whether members of the family are unwed parents, recipients of public assistance, or children born out of wedlock
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program • Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking or human trafficking if the applicant is otherwise qualified for assistance (See section 3-III.G.)

3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)] and 24 CFR 982.552(b)(6)]

HUD requires the HACP to deny assistance in the following cases:
•
Any member of the household has been evicted from federally assisted housing in the last 3 years for drug-related criminal activity. HUD permits, but does not require, the HACP to admit an otherwise-eligible family if the household member has completed a HACP-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household).

HACP Policy:

The HACP will admit an otherwise-eligible family who was evicted from federally Formatted: Line spacing: Multiple 1.15 li
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assisted housing within the past 3 (Three) years for drug-related criminal activity, if the HACP is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the HACP or the person who committed the crime, is no longer living in the household.
• The HACP makes the determination whether a household member is currently engaged in the use of illegal drugs.

HACP Policy:

Currently engaged in is defined as any use of illegal drugs during the previous six months.
•
The HACP has reasonable cause to believe that any household member's current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.

HACP Policy:

In determining reasonable cause, the HACP will consider all credible evidence, including but not limited to, any record of convictions, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. The HACP will also consider evidence from treatment providers or community-based organizations providing services to household members.
•
A ny household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing
• Any household member is subject to a lifetime registration requirement under a state sex offender registration program.
• Any member of the family fails to sign and submit consent forms for obtaining information.
• The family does not meet the restrictions on net assets and real property ownership as required by 24 CFR 5.618.

3-III.C. RESTRICTION ON ASSISTANCE BASED ON ASSETS [24 CFR 5.618] There are two circumstances under which a family is ineligible to receive assistance based on asset ownership.
• First, assistance may not be provided to any family if the family’s net assets exceed $100,000 (adjusted annually by HUD).
• Second, the family has real property that is suitable for occupancy by the family as a residence and the family has:

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- A present ownership interest in the real property; and - A legal right to reside in the real property; and
- The effective legal authority to sell (based on state or local laws of the jurisdiction where the property is located) the real property.

However, the real property restriction does not apply in the following circumstances:
- Any property for which the family is receiving assistance for a manufactured home under 24 CFR 982.620 or under the HCV Homeownership program; - Any property that is jointly owned by a member of the family and at least one non-household member who does not live with the family, if the non-household member resides at the jointly owned property;
- Any family that is offering the property for sale; or - Any person who is a victim of domestic violence, dating violence, sexual assault, or stalking.
- When a family asks for an exception because a family member is a victim of domestic violence, dating violence, sexual assault, or stalking, the PHA must comply with all the confidentiality requirements under VAWA. The PHA must accept a self-certification from the family member, and the restrictions on requesting documentation under VAWA apply.

A property is considered suitable for occupancy unless the family demonstrates that it:
- Does not meet the disability-related needs for all members of the family (e.g., physical accessibility requirements, disability-related need for additional bedrooms, proximity to accessible transportation, etc.),
- Is not sufficient for the size of the family,
HACP Policy:

The HACP defines not sufficient for the size of the family as being overcrowded based on space standards in Chapter 8 of this policy.

- Is geographically located so as to be a hardship for the family (e.g., the distance or commuting time between the property and the family's place of work or school would be a hardship to the family, as determined by the PHA or owner

- Is not safe to reside in because of the physical condition of the property (e.g., property’s physical condition poses a risk to the family’s health and safety and the condition of the property cannot be easily remedied); or - Is not a property that a family may reside in under the state or local laws of the jurisdiction where the property is located.

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3-III.D. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE

HUD permits, but does not require, the
HACP to deny assistance for the reasons
discussed in this section.

Criminal Activity [24 CFR 982.553]

HUD permits, but does not require, the HACP to deny assistance if the HACP determines that any household member is currently engaged in or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity.

HACP Policy:

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

Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell,
distribute or use the drug [24 CFR 5.100].

Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100].

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

Criminal sexual conduct, including but not limited to sexual assault, incest, open and gross lewdness, or child abuse; or

Criminal activity that may threaten the health or safety of property owners, management staff, and persons performing contract administration functions or other responsibilities on behalf of the HACP (including a HACP employee or a HACP contractor, subcontractor, or agent).

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

Evidence of such criminal activity includes, but is not limited to:
•
Any conviction for drug-related or violent criminal activity within the past 5 years.
• Any record of eviction from public or privately-owned housing as a result of criminal activity within the past 5 years.

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• A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such activity.

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

Previous Behavior in Assisted Housing [24 CFR 982.552(c)]

HUD authorizes the HACP to deny assistance based on the family’s previous behavior in assisted housing. Per the alternative requirements listed in the Federal Register notice dated December 29, 2014:

PHAs are no longer permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [FR Notice 12/29/14].

HACP Policy:

The HACP will deny assistance to an applicant family if:
•
The family does not provide information that the HACP or HUD determines is necessary in the administration of the program. • The family does not provide complete and true information to the HACP.
• Any family member has been evicted from federally assisted housing in the last five years.
• Any family member has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program.
• The family owes rent or other amounts to any HACP in connection with Section 8 or other public housing assistance under the 1837 Act unless the family repays the full amount of the debt prior to being selected from the waiting list.
• If the family has not reimbursed any HACP for amounts the HACP paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list.
• The family has breached the terms of a repayment agreement entered into with the HACP, unless the family repays the full amount of the debt covered in the repayment agreement prior to being selected from the waiting list.
• A family member has engaged in or threatened violent or abusive behavior toward HACP personnel.
o Abusive or violent behavior towards HACP personnel
includes verbal as well as physical abuse or violence.

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Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.
o Threatening refers to oral or written threats or physical gestures that communicate intent to abuse or commit
violence.

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

3-III.DE. SCREENING

Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the HACP in complying with HUD requirements and HACP policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the HACP must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.903].

• The HACP will perform a criminal background check through a third-party vendor or for every adult household member.

If the results of the criminal background check indicate that there may be past criminal activity, but the results are inconclusive, the HACP will request a fingerprint card and will request information from the National Crime Information center (NCIC).

PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)].

HACP Policy:

The HACP will use the third-party vendor or Dru Sjodin National Sex Offender database to screen applicants for admission. Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28].

If the HACP proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the HACP must notify the household of the proposed Formatted: Line spacing: 1.5 lines
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action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR 5.903(f) and 5.905(d)].

Screening for Suitability as a Tenant [24 CFR 982.307]

The HACP has no liability or responsibility to the owner for the family’s behavior or suitability for tenancy. The HACP has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant.

HACP Policy:

The HACP will not conduct additional screening to determine an applicant family’s suitability for tenancy.

The owner is responsible for screening and selection of the family to occupy the owner’s unit. The
HACP must inform the owner that screening and selection for tenancy is the responsibility of the owner. An owner may consider a family’s history with respect to factors such as: payment of rent and utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy.

HUD requires the HACP to provide prospective owners with the family's current and prior address (as shown in HACP records) and the name and address (if known) of the owner at the family's current and prior addresses. HUD permits the HACP to provide owners with additional information, as long as families are notified that the information will be provided, and the same type of information is provided to all owners.

The HACP may not disclose to the owner any confidential information provided to the HACP by the family in response to a HACP request for documentation of domestic violence, dating violence, sexual assault, or stalking or human trafficking except at the written request or with the written consent of the individual providing the documentation [see 24 CFR 5.2007(a)(4)].

HACP Policy:

The HACP will inform owners of their responsibility to screen prospective tenants and will provide owners with the required known name and address information, at the time of the initial HQSNSPIRE inspection or before. The HACP will not provide any additional information to the owner, such as tenancy history or criminal history, etc.

3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence [24 CFR 982.553(c)]
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HACP Policy::

HACP Policy:

The HACP will use the concept of the preponderance of the evidence as the standard for making all admission decisions.

Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not. Preponderance of the evidence may not be determined by the number of witnesses, but by the greater weight of all evidence.

Consideration of Circumstances [24 CFR 982.552(c)(2)]

HUD authorizes the
HACP to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandatory (see Section 3-III.B).

HACP Policy:

The HACP will consider the following facts and circumstances prior to making its decision:
o
The seriousness of the case, especially with respect to how it would affect other residents’ safety or property
o The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act o The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.G) a victim of domestic violence, dating violence, sexual assault, or stalking or human trafficking. o The length of time since the violation occurred, including the age of the individual at the time of the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future

While a record of arrest(s) will not be used as the
sole basis for denial, an
arrest may, however, trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the HACP may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The HACP may also consider:
• Any statements made by witnesses or the applicant not included in the police report
• Whether criminal charges were filed
• Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or ultimately resulted in an acquittal
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applicant engaged in disqualifying activity

Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property

In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully.

*The HACP will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully.

Removal of a Family Member's Name from the Application

Should the HACP’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration, the HACP must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the HACP must deny admission to the family [Notice PIH 2012-28].

For other criminal activity, the HACP may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)].

HACP Policy:

As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit, stay as a guest, or reside in the assisted unit.

After admission to the program, the family must present evidence of the former family member’s current address upon
HACP request.

Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]

If the family includes a person with disabilities, the HACP’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.

HACP Policy:

If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, the HACP will determine whether the behavior is related to the stated disability. If so, upon the family’s request, the HACP will determine whether admitting the family as a reasonable Formatted: Line spacing: 1.5 lines
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accommodation is appropriate. The HACP will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation.

3-III.FG. NOTICE OF ELIGIBILITY OR DENIAL

If the family is eligible for assistance, the
HACP will notify the family in writing and
schedule a tenant briefing, as discussed in Chapter 5.

If the HACP determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe: (1) the reasons for which assistance has been denied, (2) the family’s right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures.

HACP Policy:

The family will be notified of a decision to deny assistance in writing within 10 business days of the determination.

If a
HACP uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the HACP can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR

5.903(f) and 5.905(d)]. The HACP must give the family an opportunity to dispute the accuracy and relevance of that record in the informal review process in accordance with program requirements [24 CFR 982.553(d)].

HACP Policy:

If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible, the HACP will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record. The family will be given 10 business days to dispute the accuracy and relevance of the information. If the family does not contact the HACP to dispute the information within that 10-business-day period, the HACP will proceed with issuing the notice of denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal review process.

Notice requirements related to denying assistance to noncitizens are contained in Section 3-II.B.

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Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault or, stalking or human trafficking are contained in Section 3-III.GH.

3-III.GH. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF

DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING

AND HUMAN TRAFFICKING

The Violence against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to the HCV program on the basis or as a direct result of the fact that the applicant is or has been a victim of domestic violence, dating violence, sexual assault or stalking, if the applicant otherwise qualifies for assistance or admission.
• Although the VAWA 2022 statute does not specifically include human trafficking in the list of victims protected under VAWA, in 2022 HUD began including human trafficking as part of the list of victims protected under VAWA (as seen in Notices PIH 2022-06, PIH 2022-22, and PIH 2022-24). In the absence of a final rule implementing VAWA 2022 and to mirror HUD’s recent usage, this policy includes human trafficking in addition to domestic violence, dating violence, sexual assault, and stalking anywhere such a list appears.

Definitions of key terms used in VAWA are provided in section 16-IX of this plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located.

Notification

VAWA 2013 expanded notification requirements to include the obligation forVAWA requires PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD–5380) and a domestic violence certification form (HUD- 5382) at the time the applicant is denied.

HACP Policy:

The HACP acknowledges that a victim of domestic violence, dating violence, sexual assault, or stalking or human trafficking may have an unfavorable history (e.g., a poor credit history, poor rental history, a record of previous damage to an apartment, a prior arrest record) due to adverse factors that would warrant denial under the HACP’s policies.

While the HACP is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, or stalking, or human trafficking the applicant may inform the HACP that Formatted: Line spacing: Multiple 1.15 li
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their status as a victim is directly related to the grounds for the denial. The HACP will request that the applicant provide enough information to the HACP to allow the HACP to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of his or her status as a victim.

The HACP will include in its notice of denial the VAWA information described in section 16-IX.C of this plan as well as including a copy of the form HUD-5382.

The HACP will request in writing that an applicant wishing to claim protection under VAWA notify the HACP within 14 business days of making the request.

Documentation

Victim Documentation [24 CFR 5.2007]

HACP Policy:

If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault or, stalking, or human trafficking the HACP will request in writing that the applicant provide documentation supporting the claim in accordance with section 16-IX.D of this plan.

Perpetrator Documentation

HACP Policy:

If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following:

•
A signed statement: (1) requesting that the perpetrator be removed from the application; and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit.

• Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.

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EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES

Person with Disabilities [24 CFR 5.403]

The term person with disabilities means a person who has any of the following types of conditions:

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• Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:

Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months; or

In the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time • Has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines developmental disability in functional terms as follows:

(A) In General

The term “developmental disability” means a severe, chronic disability of an individual that:
(i) is attributable to a mental or physical impairment or combination of mental and physical impairments,
(ii) is manifested before the individual attains age 22, (iii) is likely to continue indefinitely,
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) Self-care, (II) Receptive and expressive language, (III) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for independent living, (VII) Economic self-sufficiency; and (v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.

(B) Infants and Young Children

An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. • Has a physical, mental, or emotional impairment that is expected to be of long continued and indefinite duration; substantially impedes his or her ability to live independently and is of such a nature that the ability to live independently could be improved by more suitable housing conditions.
• People with the acquired immunodeficiency syndrome (AIDS) or any 145
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conditions arising from the etiological agent for AIDS are not excluded from this definition.
• A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program.

For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps.

Individual with Handicaps [24 CFR 8.3]

Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. As used in this definition, the phrase:

(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
(b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
(2) Major life activities mean functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation.
(b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (c) Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment.

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EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002]

Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006]

Institution of Higher Education shall have the meaning given this term in the Higher Education Act of 1965 in 20 U.S.C. 1001 and 1002.
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Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1001

(a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ means an educational institution in any state that (1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate,
(2) Is legally authorized within such state to provide a program of education beyond secondary education,
(3) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree,
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted pre-accreditation status by such an agency or association that has been recognized by the Secretary for the granting of pre-accreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

(b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ also includes—
(1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any state that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular student persons who are beyond the age of compulsory school attendance in the state in which the institution is located.

(c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered.

Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1002

(a) Definition of institution of higher education for purposes of student assistance programs

(1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this subsection, the term ‘‘institution of higher education’’ for purposes of subchapter 148
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IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the institutions covered by the definition in section 1001 of this title—

(A) A proprietary institution of higher education (as defined in subsection (b) of this section),
(B) A postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) Only for the purposes of part B of subchapter IV of this chapter, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part B of subchapter IV of this chapter.

(2) Institutions outside the United States
(A) In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001 (a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of subchapter IV of this chapter unless—

(i) In the case of a graduate medical school located outside the United States—
(I)(aa) At least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; and
(bb) At least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; or
(II) The institution has a clinical training program that was approved by a state as of January 1, 1892; or

(ii) In the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States.

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(B) Advisory panel

(i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—
(I) Evaluate the standards of accreditation applied to applicant foreign medical schools; and
(II) Determine the comparability of those standards to standards for accreditation applied to United States medical schools. (ii) Special rule if the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title.

(C) Failure to release information. The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of subchapter IV of this chapter.

(C) Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.

(3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution—

(A) Offers more than 50 percent of such institution’s courses by correspondence, unless the institution is an institution that meets the definition in section 2471 (4)(C) of this title,
(B) Enrolls 50 percent or more of the institution’s students in correspondence courses, unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
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(C) Has a student enrollment in which more than 25 percent of the students are incarcerated, except that the Secretary may waive the limitation contained in this subparagraph for a nonprofit institution that provides a 2-or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree, or an AssociateAssociate’s Degree or a postsecondary diploma, respectively; or
(D) Has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2-or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree or an Associate degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.

(4) Limitations based on management. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— (A) The institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1898, and December 1, 1898; or (B) The institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 or has been judicially determined to have committed fraud involving funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title

42. (5) Certification. The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part G of subchapter IV of this chapter.

(6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this chapter.
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(b) Proprietary institution of higher education

(1) Principal criteria. For the purpose of this section, the term ‘‘proprietary institution of higher education’’ means a school that—
(A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation,
(B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this title,
(C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this title,
(D) Is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part G of subchapter IV of this chapter,
(E) Has been in existence for at least 2 years; and

(F) Has at least 10 percent of the school’s revenues from sources that are not derived from funds provided under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, as determined in accordance with regulations prescribed by the Secretary.
(2) Additional institutions. The term ‘‘proprietary institution of higher education’’ also includes a proprietary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular student persons who are beyond the age of compulsory school attendance in the State in which the institution is located.

(1) Principal criteria: For the purpose of this section, the term ‘‘postsecondary vocational institution’’ means a school that—
(A) Provides an eligible program of training to prepare students for gainful employment in a recognized occupation,
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a) of this title; and
(C) Has been in existence for at least 2 years.

(2) Additional institutions. The term ‘‘postsecondary vocational institution’’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular student persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
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Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION

INTRODUCTION
When a family wishes to receive assistance under the HCV program, the family must submit an application that provides the HACP with the information needed to determine the family’s eligibility. HUD requires the HACP to place all families that apply for assistance on a waiting list. When HCV assistance becomes available, the HACP must select families from the waiting list in accordance with HUD requirements and HACP policies as stated in the administrative plan and the annual plan.

The HACP is required to adopt clear policies and procedures for accepting applications, placing families on the waiting list, and selecting families from the waiting list, and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the HACP that justify their selection. Examples of these are the selection of families for income targeting and the selection of families that qualify for targeted funding.

HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the HACP affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the HACP will be in compliance with all relevant fair housing requirements, as described in Chapter 2.

This chapter describes HUD and HACP policies for taking applications, managing the waiting list and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows:

Part I: The Application Process. This section discusses how applicants can obtain and submit applications and provides an overview of the application process because demand for housing far exceeds available funding, HACP will only provide HCV assistance to eligible families on its wait list, with the exception of families transferring into the program through portability. The HACP will utilize a lottery to place applicants on the wait list. A lottery ensures that all applicants who express a need for assistance are given an equal opportunity to apply for and receive a voucher. d.

Part II: Managing the Waiting List. This section presents the policies that govern how the HACP’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the HACP will use to keep the waiting list current.

Part III: Selection for HCV Program. This section describes the policies that guide the HACP in selecting families for HCV program as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that the HACP has the information needed to make a final eligibility determination.

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PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This section describes the HACP policies for making applications available, accepting applications, making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This section also describes the HACP’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people LEP.

4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] Any family that wishes to receive HCV assistance must apply for admission to the program. HUD permits the HACP to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by the HACP. The HACP must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the HACP’s application.

HACP Policy:

Because demand for housing far exceeds available funding, the HACP will only provide HCV assistance to eligible families on its wait list, with the exception of families transferring into the program through portability. All persons w ho w ish to ap ply f or the HACP’s programs m ust subm it a pre- application via on- line, during the time the HACP is accepting applications. All applicants on an existing wait list will be served or withdraw prior to families being invited to apply to a new wait list.

The HACP will utilize a lottery to place
applicants on the wait list. A lottery ensures
that all applicants who express a need for assistance are given an equal opportunity to apply for and receive a voucher. Lottery applicants will only be required to provide information needed to make an initial assessment of the family’s eligibility and to determine the family’s placement on the waiting list. This is known as the "pre- application." This information will not be verified for waiting list placement.

The ap plication process will involve two phases. The first ph ase is the pre- application, also sometimes referred to as the initial application. Com pletion of the on-line pre-application allows entry into the random lottery drawing.

Once the ap plications are randomly selected via lottery, they are placed on the waiting list according to the preferences indicated on the application.

Applications not drawn in the lottery will not be placed on the waiting list.

The second phase is the “pre-determination of eligibility” (referred to as the fu ll application). The full application takes place when the f amily reaches the top o f the waiting list. At this time, the HACP will ensure that v erification of all eligibility factors is current in order to determine the family’s eligibility prior to the Formatted: Font: Bold
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issuance of a voucher.

The family will be required to provide all of the information necessary to establish family eligibility and level of assistance when the family is selected from the waiting list. This information will be verified. If it is determined that the family intent ionally misrepresented the facts on the pre- application, the family will either be placed back on the wait list (ranked by their current preferences) or will be denied assistance. If the family is unable to verify their declared preferences, the family will be denied those preferences and will be placed back on the waiting list ranked by their verified preferences.

The f ull application is sig ned at the eligibility appointment by the applicant unless a disability prevents the applicant from doing so. In the case of a disability that prevents the applicant from signing the f ull application, HACP representative may sign as a witness. Applicants will then be interviewed by HACP staff to review the information on t he f ull ap plication f orm. Verification of the disability, as defin ed by the Americans with Disabilities Act, will be requested at this time. The full application process will include discussion abou t reasonable accommodation necessity.

Special Admission (Non-Waiting List)
If a f amily is displaced due to acquisition by the City of Pittsburg, the HACP will determine eligibility for voucher issuance by the following criteria:
• The f amily must be income eligible and be a citizen or a n on-citizen who has eligible immigration status in accordance with 24 CFR Part 5. •
If funding is available.
• No family mem bers may have engaged in drug related activity or violent criminal activity within the 3 years from admission date. • No family member can be a registered sex offender.

4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 – 4-13] The HACP must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard HACP application process. This could include people with disabilities, certain elderly individuals, as well as persons with LEP. The HACP must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the HACP must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the policies related to providing reasonable accommodations for people with disabilities.

Limited English Proficiency
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proficiency.

4-I.D. PLACEMENT ON THE WAITING LIST
The HACP must review each complete application received and make a preliminary assessment of the family’s eligibility. The HACP must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the HACP must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a waiting list of applicants.

No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)].

Ineligible for Placement on the Waiting List
HACP Policy:

The HACP will conduct a lottery of all families and individuals who have turned in applications during the application period. Only applicants selected in the lottery will be placed on the wait list. Those not selected will receive a written notice informing them that they were not selected for the wait list.

If the
HACP can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the HACP will send written notification of the ineligibility determination within 10 business days of receiving a complete application. The notice will specify the reasons for ineligibility and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16).

Eligible for Placement on the Waiting List
HACP Policy:

The HACP will send written notification of the preliminary eligibility determination within 10 business days of receiving a complete application.

Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list for pre-determ
ination of eligibility.

Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and their score when the application is received by the HACP.

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PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The HACP must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants.

In addition, HUD imposes requirements on how a HACP may structure its waiting list and how families must be treated if they apply for assistance from a HACP that administers more than one assisted housing program.

4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The HACP’s HCV waiting list must be organized in such a manner to allow the HACP to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan.

The waiting list must contain the following information for each applicant listed:
• Name and social security number of the head of household, • Family unit size and number of family members,
• Amount of annual income,
• Any accessibility needs,
• Any translation/interpretation needs,
• Wait list opening date,
• Qualification for any local preference,
• Racial or ethnic designation of the head of household, • Postal mailing address,
• Date and time of application,
HUD requires the HACP to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served.

HACP Policy:

The HACP will maintain a single waiting list for the HCV program and in the future, a separate list for some PBV sites.

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1) the other programs’ waiting lists are open, and
2) the family is qualified for the other programs.

HUD permits, but does not require, that HACP s maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs.

A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify.

HACP Policy:

The HACP will not merge the HCV waiting list with the waiting list for any other program the HACP operates.

4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List
A HACP is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the
HACP may elect to continue to accept
applications only from certain categories of families that meet particular preferences or funding criteria.

HACP Policy:

Due to the overwhelming interest in housing assistance when the wait list is open, the HACP will accept applications for no more than one week at a time.

Where the HACP has particular preferences or funding criteria that require a specific category of family, the HACP may elect to continue to accept applications from these applicants while closing the waiting list to others. The HACP will announce the closing of the waiting list by closing the electronic portal public notice through the City of Pittsburg Website. The waiting list may not be closed if it would have a discriminatory effect inconsistent with applicable civil rights laws.

In the future, HACP will close the waiting list at the end of the advertised open period. After 24 months, the wait list will be purged of all remaining applicants and a denial letter sent to them. A new wait list will be created thereafter for the next 24 months. Where HACP as particular preferences or funding criteria that require a specific category of family, HACP may elect to continue to accept applications from these applicants while closing the waiting list to others.

In the event that HACP is placed in a Shortfall protocol by HUD during the 24- month active wait list period, the time clock on the 24 months will be suspended (Tolled) for the number of days the wait list is in shortfall in order to provide all applicants the stated 24-Month waiting period in anticipation of a Housing Choice Voucher.

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Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the HACP publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received.

HACP Policy:::

The HACP will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice.

The HACP will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:
•
Public Notice – East County Times
• City of Pittsburg Website
• City’s Facebook page
HACP may develop informational materials and flyers to distribute to public and private agencies that serve low-income personspeople and may also make presentations to such organizations. HACP may provide instructions regarding the application process to other agencies that serve low-income clients and also may develop partnerships with such organizations, particularly those that serve persons with disabilities or LEP persons.

4-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4]
The HACP must conduct outreach as necessary to ensure that the HACP has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted.

Because HUD requires the HACP to admit a specified percentage of extremely low- income families to the program (see Chapter 4, Part III), the HACP may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21].

PHA outreach efforts must comply with fair housing requirements. This includes:
• Analyzing the housing market area and the populations currently being served to identify underserved populations.
• Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program.
• Avoiding outreach efforts that prefer or exclude people who are members of a protected class.

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PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
• Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies. • Providing application forms to other public and private agencies that serve the low- income population.
• Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities.

HACP Policy:

The HACP will monitor the characteristics of the population being served and the characteristics of the population as a whole in the HACP’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.

4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
HACP Policy:

While the family is on the waiting list, the family must immediately inform the HACP of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted through the HACP Applicant Portal or in writing. Mail sent from the HACP to an applicant will not be f orwarded. Mail sent from the HACP to an applicant is considered received unless returned by the post office as undeliverable. Mail returned to the HACP will result in the removal of an application from the waiting list unless it is the result of postal service error.

Documentation of a p ostal service error is the responsibility of the applicant and must include a l etter from the postmaster explaining the error which caused the applicant’s m ail to be returned to the HACP. Documentation must be received within 15 business days from when the application was removed from the waiting list. Applicants providing acceptable documentation will be returned to the waiting list with their original application position.

4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
HUD requires the HACP to establish policies to use when removing applicant names from the waiting list. Since the wait list will only be active for 24 months, it is unlikely that it will need to be updated. However, if the HACP must update the wait list for any reason, the following guidelines will be followed:

Purging the Waiting List
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The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a HACP request for information or updates, and the HACP determines that the family did not respond because of the family member’s disability, the HACP must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)].

HACP Policy:

The waiting list may be updated as needed if funding is available to ensure that all applicants and applicant information is current and timely.

To update the waiting list, the
HACP will send an update request via first class
mail to each family on the waiting list to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that the HACP has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant’s name being removed from the waiting list.

The family’s response must be in writing and may be delivered in person, by mail, or by fax. Responses should be postmarked or received by the HACP not later than 30 calendar days from the date of the HACP letter.

If the family fails to respond within 30 calendar days, the family will be removed from the waiting list without further notice. If the notice is returned by the post office with no forwarding address, the applicant will be removed from the waiting list without further notice.

If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated. The family will have 10 business days to respond from the date the letter was re-sent.

If a family is removed from the waiting list for failure to respond, the HACP may reinstate the family if it is determined that the lack of response was due to HACP error, or to circumstances beyond the family’s control. , as a result of a family member’s disability, or as a direct result of status as a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, including an adverse factor resulting from such abuse.

Removal from the Waiting List
HACP Policy:

HACP will remove applicants from the waiting list if they have requested that their name be removed in writing, in person or by email. In such cases no informal hearing is required.

If at any time, the HACP determines an applicant family on the waiting list is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list. A notice will be sent to the family’s address of record as well as to any alternate address provided on the initial application. The notice will state the Formatted: Line spacing: Multiple 1.15 li
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reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding the HACP’s decision (see Chapter 16) [24 CFR 982.201(f)].

In the future, the HCV wait list will terminate after 24 months from the date it notified applicants of their initial placement on the wait list. A new HCV wait list will be created thereafter.

Families removed from the waitlist due to failure to respond to updates or an invitation for certification will be considered for reinstatement to the waiting list for up to 12 months from the date they were removed from the waiting list or the expiration of the waiting list, whichever is earlier.

PART III: SELECTION FOR HCV ASSISTANCE
4-III.A. OVERVIEW
As vouchers become available, families on the waiting list must be selected for assistance in accordance with the policies described in this section.

The order in which families are selected from the waiting list depends on the selection method chosen by the HACP and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted funding also may affect the order in which families are selected from the waiting list.

The HACP must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the HACP’s selection policies [24 CFR 982.204(b) and 982.207(e)].

4-III.B. SELECTION AND HCV FUNDING SOURCES
Special Admissions [24 CFR 982.203]
HUD may award funding for specifically named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non-purchasing family residing in a HOPE 1 or 2 projects). In these cases, the HACP may admit such families whether or not they are on the waiting list, and, if they are on the waiting list, without considering the family’s position on the waiting list. These families are considered non- waiting list selections. The HACP must maintain records showing that such families were admitted with special program funding.

HACP administers the following Special Purpose funding:
• Veterans Administration Supportive Housing Program (VASH). Admissions are accepted at 80% of the Area Median Income (Low Income) limit.

Special (non-waitlist) Admissions include the following:

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• In-Place households for newly authorized PBV projects • Direct Referrals from:
- VASH or affiliated Veterans Support Agency and
- Coordinated Entry System (CES) for an authorized PBV Project

Targeted Funding [24 CFR 982.204(e)]
HUD may award a HACP funding for a specified category of families on the waiting list.

The HACP must use this funding only to assist the families within the specified category. In order to assist families within a targeted funding category, the HACP may skip families that do not qualify within the targeted funding category. Within this category of families, the order in which such families are assisted is determined according to the policies provided in Section 4-III.C.

HACP Policy:

The HACP currently does not administer any type of targeted funding.

Regular HCV Funding
Regular HCV funding may be used to assist any eligible family on the waiting list.

Families are selected from the waiting list according to the policies provided in Section 4-III.C.

4-III.C. SELECTION METHOD
PHAs must describe the method for selecting applicant families from the waiting list, including the system of admission preferences that the
HACP will use [24 CFR
982.202(d)].

Local Preferences [24 CFR 982.207; HCV p. 4-16]
PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits the HACP to establish other local preferences, at its discretion. Any local preferences established must be consistent with the HACP plan and the consolidated plan and must be based on local housing needs and priorities that can be documented by generally accepted data sources.

HACP Policy:

The HACP will use the following local preferences:

1. Pittsburg
residents.
• Any household family memb er who lives, works, or has been hired to work, or attending school in Pittsburg.

2. Veterans or surviving spouses of veterans.

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3. The HACP will offer a preference to any family that has been terminated from its HCV program due to insufficient program funding.
*The HACP will first assist families that have been terminated from the HCV program due to insufficient funding.

Local preferences in addition to lottery number or scoring of application are given priority when determining an applicant’s order of a placement on the waiting lists. The following chart represents the order of preference given to applicants on the waiting lists:

CODE RANK - DESCRIPTION PREFERENCE POINTS
1 TERMINATED CLIENTS – Due
to Insufficient Funding
150
2 VETERAN / RESIDENT 100
3 Employed / RESIDENT 20
4 VETERAN / NON-RESIDENT 3
5 NON-VETERAN /NON-

RESIDENT
0 Income Targeting Requirement [24 CFR 982.201(b)(2)]
HUD requires that extremely low-income (ELI) families make up at least 75 percent of the families admitted to the HCV program during the HACP’s fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher. To ensure this requirement is met, a HACP may skip non-ELI families on the waiting list in order to select an ELI family.

Low-income families admitted to the program that are “continuously assisted” under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate-income families admitted to the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)].

HACP Policy:

The HACP will monitor progress in meeting the income targeting requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as-needed basis to ensure the income targeting requirement is met.

If
the family’s verified annual income, at final eligibility determination, does not fall under the Ex tremely Low-Income Lim it and t he family w as selected for income targeting purposes, ahead of famili es with a higher preference, the family will be returned to the waiting list based on their actual income level and preference.

Order of Selection
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The HACP system of preferences may select families based on local preferences according a random selection process (lottery) [24 CFR 982.207(c)]. If a HACP does not have enough funding to assist the family at the top of the waiting list, it is not permitted to skip down the waiting list to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)].

HACP Policy:

All applications received within the application window will be accepted and entered into the applicant pool. The applicant pool will be screened for duplicate applications. Only one application will be allowed per Head of Household.

Applicants will be randomly selected for the wait list by computer-generated lottery. All applicants in the pool will be randomly assigned a scoring number.

Families will be selected for the waiting list based on preference points and scoring number from the lowest to the highest number until HACP has reached number 1,200. If HACP issues all 1,200 vouchers over the next 24 months, the waiting list will be re-opened. If not, after 24 months from the date of notification to families of their placement on the wait list, the remaining applicants not selected will be denied a
nd a new application process will be implemented.

HACP plans to open the HCV wait list every two years.

No other applicant may be placed on the list. All other applicants will have to reapply in the future. Families will be selected from the waiting list based on the targeted funding or selection preference(s) for which they qualify, and in accordance with the HACP’s hierarchy of preferences, if applicable. Within each targeted funding or preference category, families will be selected on a first-come, first-served basis according to the date and time their complete application is received by the HACP. Documentation will be maintained by the HACP as to whether families on the list qualify for and are interested in targeted funding. If a higher placed family on the waiting list is not qualified or not interested in targeted funding, there will be a notation maintained so that the HACP does not have to ask higher placed families each time targeted selections are made.

4-III.D. NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, the HACP must notify the family [24 CFR 982.554(a)].

HACP Policy:

The HACP will notify the family by first class mail when it is selected from the waiting list. The notice will inform the family of the following:
•
Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview.

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• Who is required to attend the application verification interview? • All documents that must be provided at the interview, including information about what constitutes acceptable documentation.

If a notification letter is returned to the HACP with no forwarding address, the family will be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the family’s address of record, as well as to any known alternate address.

4-III.E. THE APPLICATION INTERVIEW
HUD recommends that the HACP obtain the information and documentation needed to make an eligibility determination through a face-to-face interview with a HACP representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program.

Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if the HACP determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the waiting list for a period of time determined by the HACP [Notice PIH 2012-10].

Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability.

HACP Policy:

Families selected from the waiting list are required to participate in an eligibility interview.

The head of household and the spouse/cohead will be strongly encouraged to attend the interview together. However, either the head of household or the spouse/cohead may attend the interview on behalf of the family. Verification of information pertaining to
adult members of the household that are not present at
the interview will not begin until signed release forms are returned to the HACP.

The head of household or spouse/cohead must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity.) If the family representative does not provide the required documentation at the time of the interview, he or she will be required to provide it within 10 business days.

Pending disclosure and documentation of social security numbers, the HACP will allow the family to retain its place on the waiting list for 90 days from the date of the request. If all household members have not disclosed their SSNs at the next time the HACP is issuing vouchers, the HACP will issue a voucher to the next eligible applicant family on the waiting list.

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documentation. If any materials are missing, the HACP will provide the family with a written list of items that must be submitted.

Any required documents or information that the family is unable to provide at the interview must be provided within 10 business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the family is unable to obtain the information or materials within the required time frame, the family may request an extension. If the required documents and information are not provided within the required time frame (plus any extensions), the family will be sent a notice of denial (See Chapter 3).

An advocate, interpreter, or other assistant may assist the family with the application and the interview process.

Interviews will be conducted in English. For LEP applicants, the HACP will provide translation services in accordance with the HACP’s LEP plan.

If the family is unable to attend a scheduled interview, the family should contact the HACP in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, the HACP will send another notification letter with a new interview appointment time. Applicants who fail to attend two scheduled interviews without HACP approval will be denied assistance based on the family’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3.

4-III.F. COMPLETING THE APPLICATION PROCESS
The HACP must verify all information provided by the family (see Chapter 7). Based on verified information, the HACP must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any special admission, targeted funding admission, or selection preference that affected the order in which the family was selected from the waiting list.

HACP Policy:

If the HACP determines that the family is ineligible, the HACP will send written notification of the ineligibility determination within 10 business days of the determination. The notice will specify the reasons for ineligibility and will inform the family of its right to request an informal review (Chapter 16).

If a family fails to qualify for any criteria that affected the order in which it was selected from the waiting list (e.g., targeted funding, extremely low-income), the family will be returned to its original position on the waiting list. The HACP will
notify the family in writing that it has been returned to the waiting list and will specify the reasons for it.

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Chapter 5.
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Chapter 5

BRIEFINGS AND VOUCHER ISSUANCE

INTRODUCTION
This chapter explains the briefing and voucher issuance process. When a family is determined to be eligible for the Housing Choice Voucher (HCV) program, the HACP must ensure that the family fully understands the way the program operates and the family’s obligations under the program. This is accomplished through both an oral briefing and provision of a briefing packet containing the HUD-required documents and other information the family needs to know in order to lease a unit under the program.

Once the family is fully informed of the program’s requirements, the HACP issues the family a voucher. The voucher includes the unit size for which the family qualifies based on the HACP’s subsidy standards, as well as the issue and expiration date of the voucher. The voucher is the document that authorizes the family to begin its search for a unit and limits the amount of time the family has to successfully locate an acceptable unit.

This chapter describes HUD regulations and HACP policies related to these topics in two parts:

Part I: Briefings and Family Obligations. This part details the program’s requirements for briefing families orally, and for providing written materials describing the program and its requirements. It includes a particular focus on the family’s obligations under the program.

Part II: Subsidy Standards and Voucher Issuance. This part discusses the HACP’s standards for determining how many bedrooms a family of a given composition qualifies for, which in turn affects the amount of subsidy the family can receive. It also discusses the policies that dictate how vouchers are issued, and how long families have to locate a unit.

PART I: BRIEFINGS AND FAMILY OBLIGATIONS
5-I.A. OVERVIEW
HUD regulations require the HACP to conduct mandatory briefings for applicant families who qualify for a voucher. The briefing provides a broad description of owner and family responsibilities, explains the HACP’s procedures, and includes instructions on how to lease a unit. This part describes how oral briefings will be conducted, specifies what written information will be provided to families, and lists the family’s obligations under the program.

5-I.B. BRIEFING [24 CFR 982.301]
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individually or in groups. At the briefing, the HACP must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1873) and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2.

HACP Policy:

Briefings may be conducted in group meetings or individually. All briefings may be conducted in person, remotely, by teleconference or, as a last resortan alternative, telephonically.

Generally, the head of household is required to attend the briefing. If the head of household is unable to attend, the HACP may approve another adult family member to attend the briefing.

Families that attend group briefings and still need individual assistance will be referred to an appropriate
HACP staff person.

Briefings will be conducted in English. For LEP applicants, the HACP will provide translation services in accordance with the HACP’s LEP plan (See Chapter 2).

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

HACP Policy:

The HACP has the sole discretion to require that briefings be conducted remotely in case of local, state, or national physical distancing orders, and in cases of inclement weather or natural disaster. If the HACP schedules a remote briefing, the HACP will conduct a face-to-face briefing upon request of the applicant as a reasonable accommodation for a person with a disability if safety and health concerns can be reasonably addressed.

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

Accessibility Requirements for Persons with Disabilities and LEP Individuals

As with in-person briefings, the platform for conducting remote briefings must be accessible and the briefing conducted in accordance with Section 504 and accessibility requirements. This includes ensuring any information, websites, emails, digital notifications, and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further, providing effective communication in a digital context may require the use of individualized auxiliary aids or services, such as audio description, captioning, sign language and other types of interpreters, keyboard accessibility, Formatted: Line spacing: Multiple 1.15 li
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accessible documents, screen reader support, and transcripts. Auxiliary aids or services must be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and independence of the individual.

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

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

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

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

HACP Policy:

At least 10 business days prior to scheduling the remote briefing, the HACP will provide written notification via first class mail and/or email to families participating in the briefing to advise of technological requirements and to request the family notify the HACP of any known barriers. If any family does not respond within five business days, or if the written notification is returned by the post office or the email is rejected, the HACP will contact the family by telephone to identify potential technological barriers and to determine which technology resources are accessible to the family. The PHA will resolve any barriers using the guidance in Section 6 of Notice PIH 2020-32, including offering the family the opportunity to attend an in-person briefing or have a one-on-one briefing over the phone, as appropriate.

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

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upon family request and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet.

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

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

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

Notification and Attendance
HACP Policy:

Families will be notified of their eligibility for assistance at the time they are invited to attend a briefing. The notice will identify who is required to attend the briefing, as well as the date and time of the scheduled briefing.

If the notice is returned by the post office with no forwarding address, the applicant will be denied, and their name
will not be placed back on the waiting
list. If the notice is returned by the post office with a forwarding address, the notice will be re-sent to the address indicated.

Applicants who fail to attend a scheduled briefing will be scheduled for another briefing automatically. The HACP will notify the family of the date and time of the second scheduled briefing. Applicants who fail to attend two scheduled briefings, without prior HACP approval, will be denied assistance (see Chapter 3).

Oral Briefing [24 CFR 982.301(a)]
Each briefing must provide information on the following subjects:
• How the Housing Choice Voucher program works,
• Family and owner responsibilities,
• Where the family can lease a unit, including renting a unit inside or outside the HACP’s jurisdiction,
• An explanation of how portability works. The HACP may not discourage the family from choosing to live anywhere in the HACP jurisdiction or outside the HACP jurisdiction under portability, unless otherwise expressly authorized by statute, regulation, PIH Notice, or court order,
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• The HACP must inform the family of how portability may affect the family’s assistance through screening, subsidy standards, payment standards, and any other elements of the portability process which may affect the family’s assistance,
• The advantages of areas that do not have a high concentration of low-income families; and
• For families receiving welfare-to-work vouchers, a description of any local obligations of a welfare-to-work family and an explanation that failure to meet the obligations is grounds for denial of admission or termination of assistance.

Briefing Packet [24 CFR 982.301(b)]
Documents and information provided in the briefing packet must include the following:
• The term of the voucher, voucher suspensions, and the HACP’s policies on any extensions of the term. If the HACP allows extensions, the packet must explain how the family can request an extension.
• A description of the method used to calculate the housing assistance payment for a family, including how the HACP determines the payment standard for a family, how the HACP determines total tenant payment for a family, and information on the payment standard and utility allowance schedule.
• An explanation of how the HACP determines the maximum allowable rent for an assisted unit.
• Where the family may lease a unit and an explanation of how portability works, including information on how portability may affect the family’s assistance through screening, subsidy standards, payment standards, and any other elements of the portability process that may affect the family’s assistance. • The HUD-required tenancy addendum, which must be included in the lease. • The form the family must use to request approval of tenancy, and a description of the procedure for requesting approval for a tenancy.
• A statement of the HACP Policy: on providing information about families to prospective owners.
• The HACP subsidy standards including when and how exceptions are made. • Materials (e.g., brochures) on how to select a unit and any additional information on selecting a unit that HUD provides.
• Information on federal, state and local equal opportunity laws and a copy of the housing discrimination complaint form.
• A list of landlords known to the HACP who may be willing to lease a unit to the family or other resources (e.g., newspapers, organizations, online search tools) known to the HACP that may assist the family in locating a unit. HACPs must Formatted: Line spacing: Multiple 1.15 li
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ensure that the list of landlords or other resources covers areas outside of poverty or minority concentration.
• Notice that if the family includes a person with disabilities, the family may request a list of available accessible units known to the HACP. • The family obligations under the program, including any obligations of a welfare- to-work family.
• The grounds on which the HACP may terminate assistance for a participant family because of family action or failure to act.
• HACP informal hearing procedures including when the HACP is required to offer a participant family the opportunity for an informal hearing, and how to request the hearing.
• An explanation of the advantages of moving to an area that does not have a high concentration of low-income families.
• The HUD pamphlet on lead-based paint entitled, “Protect Your Family from Lead in Your Home.”
IfBecause the HACP is located in a metropolitan area, the following additional information must be included in the briefing packet in order to receive full points under SEMAP Indicator 7, Expanding Housing Opportunities [24 CFR 985.3(g)]:
• Maps showing areas with housing opportunities outside areas of poverty or minority concentration, both within its jurisdiction and its neighboring jurisdiction •
Information about the characteristics of these areas including job opportunities, schools, transportation, and other services
• An explanation of how portability works, including a list of portability contact persons for neighboring HACPs with names, addresses, and telephone numbers

Additional Items to Be Included in the Briefing Packet
In addition to items required by the regulations, HACPs may wish to include supplemental materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice PIH 2010-182017-12].

HACP Policy:

The HACP will provide the following additional materials in the briefing packet:
•
Information on how to fill out and file a housing discrimination complaint form. • The form HUD-5380 domestic violence certification form and the form HUD- 5382 notice of occupancy rights, which contains information on VAWA protections for victims of domestic violence, dating violence, sexual assault, and stalking
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• “What You Should Know about EIV,” a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2010-18

5-I.C. FAMILY OBLIGATIONS
Obligations of the family are described in the HCV regulations and on the voucher itself.

These obligations include responsibilities the family is required to fulfill, as well as prohibited actions. The HACP must inform families of these obligations during the oral briefing, and the same information must be included in the briefing packet. When the family’s unit is approved and the HAP contract is executed, the family must meet those obligations in order to continue participating in the program. Violation of any family obligation may result in termination of assistance, as described in Chapter 12.

Time Frames for Reporting Changes Required By Family Obligations HACP Policy:

Unless otherwise noted below, when family obligations require the family to respond to a request or notify the HACP of a change, notifying the HACP of the request or change within 10 business days is considered prompt notice.

When a family is required to provide notice to the
HACP, the notice must be in
writing.

Family Obligations [24 CFR 982.551]
The family obligations of the voucher are listed as follows:
• The family must supply any information that the HACP or HUD determines to be necessary, including submission of required evidence of citizenship or eligible immigration status.
• The family must supply any information requested by the HACP or HUD for use in a regularly scheduled reexamination or interim reexamination of family income and composition.
• The family must disclose and verify social security numbers and sign and submit consent forms for obtaining information.
• Any information supplied by the family must be true and complete. • The family is responsible for any HQS breach by the familydeficiencies under the National Standards for the Physical Inspection of Real Estate (NSPIRE) caused by failure to pay tenant-provided utilities or appliances, or damages to the dwelling unit or premises beyond normalordinary wear and tear caused by any member of the household or guest.

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•
HACP Policy:
• The family must not damage the unit or premises (other than ordinary wear and tear) or permit any guest to damage the unit or premises. Damages beyond normalordinary wear and tear will be considered to be damages which could be assessed against the security deposit under state law or in court practice. • The family must allow the HACP to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan. •
The family must not commit any serious or repeated violation of the lease.

HACP Policy:

The HACP will determine if a family has committed serious or repeated violations of the lease based on available evidence, including but not limited to, a court- ordered eviction or an owner’s notice to evict, police reports, and affidavits from the owner, neighbors, or other credible parties with direct knowledge.

Serious and repeated lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, living or housekeeping habits that cause damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or criminal activity related to, domestic violence, dating violence, sexual assault, or stalking or human trafficking will not be construed as serious or repeated lease violations by the victim [see 24 CFR 5.2005(c)(1)].
• The family must notify the HACP and the owner before moving out of the unit or terminating the lease.

HACP Policy:

The family must comply with lease requirements regarding written notice to the owner. The family must provide written notice to the HACP at the same time the owner is notified.
• The family must promptly give the HACP a copy of any owner eviction notice. •
The family must use the assisted unit for residence by the family. The unit must be the family’s only residence.
• The composition of the assisted family residing in the unit must be approved by the HACP. The family must promptly notify the HACP in writing of the birth, adoption, or court-awarded custody of a child. The family must request HACP approval to add any other family member as an occupant of the unit.

HACP Policy:

The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. The HACP will determine eligibility of the new member in accordance with the policies in Chapter 3.

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• The family must promptly notify the HACP in writing if any family member no longer lives in the unit.
• If the HACP has given approval, a foster child or a live-in aide may reside in the unit.

The HACP has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when HACP consent may be given or denied. For policies related to the request and approval/disapproval of foster children, foster adults, and live-in aides, see Chapter 3 (sections I.K and I.M), and Chapter 11 (section II.B).
• The family must not sublease the unit, assign the lease, or transfer the unit.

HACP Policy:

Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit who is not listed as a family member. •
The family must supply any information requested by the HACP to verify that the family living in the unit or information related to family absent from the unit. • The family must promptly notify the HACP when the family is absent from the unit.

HACP Policy:

Notice is required under this provision only when all family members will be absent from the unit for an extended period. An extended period is defined as any period greater than 30 calendar days. Written notice must be provided to the HACP at the start of the extended absence.
• The family must pay utility bills and provide and maintain any appliances that the owner is not required to provide under the lease [Form HUD-52646, Voucher]. •
The family must not own or have any interest in the unit, (other than in a cooperative and owners of a manufactured home leasing a manufactured home space). • Family members must not commit fraud, bribery, or any other corrupt or criminal act in connection with the program. (See Chapter 14, Program Integrity for additional information).
• Family members must not engage in drug-related criminal activity or violent criminal activity or other criminal activity that threatens the health, safety or right to peaceful enjoyment of other residents and persons residing in the immediate vicinity of the • premises. See Chapter 12 for HUD and HACP policies related to drug-related and violent criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that threatens the health, safety or right to peaceful enjoyment of the other residents and persons residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of HUD and HACP policies related to alcohol abuse. • An assisted family or member of the family must not receive HCV program assistance while receiving another housing subsidy, for the same unit or a different unit under any other federal, state or local housing assistance program.

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• A family must not receive HCV program assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member of the family, unless the HACP has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. [Form HUD-52646, Voucher]

PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE
5-II.A. OVERVIEW
The HACP must establish subsidy standards that determine the number of bedrooms needed for families of different sizes and compositions. This part presents the policies that will be used to determine the family unit size (also known as the voucher size) a particular HACP family should receive, and the policies that govern making exceptions to those standards. The HACP must also establish policies related to the issuance of the voucher, to the voucher term, and to any extensions of the voucher term.

5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] For each family, the HACP determines the appropriate number of bedrooms under the HACP subsidy standards and enters the family unit size on the voucher that is issued to the family. The family unit size does not dictate the size of unit the family must actually lease, nor does it determine who within a household will share a bedroom/sleeping room.

The following requirements apply when the HACP determines family unit size:
• The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding.
• The subsidy standards must be consistent with space requirements under the housing quality standards.
• The subsidy standards must be applied consistently for all families of like size and composition.
• A child who is temporarily away from the home because of placement in foster care is considered a member of the family in determining the family unit size. • A family that consists of a pregnant woman (with no other persons) must be treated as a two-person family.
• Any live-in aide (approved by the HACP to reside in the unit to care for a family member who is disabled or is at least 50 years of age) must be counted in determining the family unit size;
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• Unless a live-in-aide resides with a family, the family unit size for any family consisting of a single person must be either a zero- or one-bedroom unit, as determined under the HACP subsidy standards.

HACP Policy:

The HACP will assign one bedroom to the Head of Household and, if present, their spouse or companion. One additional bedroom will be assigned for every two other persons in the household. The living room is considered an additional sleeping room but is not used to determine the voucher size for the family. The Living Room is also considered an additional sleeping room when determining whether an additional adult can be added to the household. Foster children in the household will be included in determining unit size. Single person families will be allocated one bedroom (as opposed to a studio). See section 11.II.B below. Each two persons within the household, except in the following circumstances:

Live-in aides will be allocated a separate bedroom. No additional bedrooms will be provided for the attendant’s family
Single person families will be allocated one bedroom.

The HACP will reference the following chart in determining the appropriate voucher size for a family:

Voucher Size Persons in Household
(Minimum – Maximum)
1 Bedroom 1-4
2 Bedrooms 2-6
3 Bedrooms 3-8
4 Bedrooms 4-10
5 Bedrooms 6-12

5-II.C.

EXCEPTIONS TO SUBSIDY STANDARDS
In determining family unit size for a particular family, the HACP may grant an exception to its established subsidy standards if the HACP determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to:
• A need for an additional bedroom for medical equipment • A need for a separate bedroom for reasons related to a family member’s disability, medical or health condition
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For a single person who is not elderly, disabled, or a remaining family member, an exception cannot override the regulatory limit of a zero or one bedroom [24 CFR 982.402(b)(8)].

HACP Policy:

The HACP will consider granting an exception for any of the reasons specified in the regulation: the age, sex, health, handicap, or relationship of family members or other personal circumstances.

The family must request any exception to the subsidy standards in writing. The request must explain the need or justification for a larger family unit size and must include appropriate documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source (e.g., doctor or health professional), unless the disability and the disability–related requestneed for accommodation is readily apparent or otherwise known. The family’s continued need for an additional bedroom due to special medical equipment must be re-verified at annual reexamination.

The HACP will notify the family of its determination within 10 business days of receiving the family’s request. If a participant family’s request is denied, the notice will inform the family of their right to request an informal hearing.

5-II.D. VOUCHER ISSUANCE [24 CFR 982.302]
When a family is selected from the waiting list (or as a special admission as described in Chapter 4), or when a participant family wants to move to another unit, the HACP issues a Housing Choice Voucher, form HUD-52646. This chapter deals only with voucher issuance for applicants. For voucher issuance associated with moves of program participants, please refer to Chapter 10.

The voucher is the family’s authorization to search for housing. It specifies the unit size for which the family qualifies and includes both the date of voucher issuance and date of expiration. It contains a brief description of how the program works and explains the family obligations under the program. The voucher is evidence that the HACP has determined the family to be eligible for the program, and that the HACP expects to have money available to subsidize the family if the family finds an approvable unit. However, the HACP does not have any liability to any party by the issuance of the voucher, and the voucher does not give the family any right to participate in the HACP’s HCV program [Voucher, form HUD-52646]
A voucher can be issued to an applicant family only after the HACP has determined that the family is eligible for the program based on verification of information received within the 60 days prior to issuance [24 CFR 982.201(e)] and after the family has attended an oral briefing [HCV 8-1].

HACP Policy:

Vouchers will be issued to eligible applicants immediately following the mandatory briefing.

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The HACPPHA should have sufficient funds to house an applicant before issuing a voucher. If funds are insufficient to house the family at the top of the waiting list, the HACP must wait until it has adequate funds before it calls another family from the list [HCV GB p. 8-10].

HACP Policy:

Prior to issuing any vouchers, the HACP will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16.

If the HACP determines that there is insufficient funding after a voucher has been issued, the HACP may rescind the voucher and place the affected family back on the waiting list.

5-II.E. VOUCHER TERM AND EXTENSIONS
Voucher Term [24 CFR 982.303]
The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on the voucher [24 CFR 982.303(a)].

HACP Policy:

For all new Housing Choice Voucher Program participants, the initial voucher term will be 90 calendar days. For families wishing to transfer to another unit or who have a change in household size, the voucher term will be 120 calendar days. For families exercising their right of Portability, the Voucher term will be the lesser of the remaining full term of the search period or 120 calendar days.

This date may vary based on when the last/current tenancy was terminated The family must submit a Request for Tenancy Approval and proposed lease within the 120-day period unless the HACP grants an extension.

Extensions
of Voucher Term [24 CFR 982.303(b)]
The HACP has the authority to grant extensions of search time, to specify the length of an extension, and to determine the circumstances under which extensions will be granted. There is no limit on the number of extensions that the HACP can approve.

Discretionary policies related to extension and expiration of search time must be described in the HACP’s administrative plan [24 CFR 982.54].

PHAs must approve additional search time if needed as a reasonable accommodation to make the program accessible to and usable by a person with disabilities. The extension period must be reasonable for the purpose.

The family must be notified in writing of the HACP’s decision to approve or deny an extension. The HACP’s decision to deny a request for an extension of the voucher term is not subject to informal review [24 CFR 982.554(c)(4)].

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HACP Policy:

The HACP may approve one 30-day extension upon written request from the family.

The HACP will approve additional extensions only in the following circumstances:
• It is necessary as a reasonable accommodation for a person with disabilities.
• It is necessary due to reasons beyond the family’s control, as determined by the HACP. Following is a list of extenuating circumstances that the HACP may consider in making its decision.

The presence of these circumstances does not guarantee that an extension will be granted:
 Serious illness or death in the family
 Other family emergency
 Obstacles due to employment
 Whether the family has already submitted requests for tenancy approval that were not approved by the HACP
 Whether family size or other special circumstances make it difficult to find a suitable unit
Any request for an additional extension must include the reason(s) an additional extension is necessary. The HACP may require the family to provide documentation to support the request or obtain verification from a qualified third party.

If HACP determines that the rental market in its jurisdiction is prohibiting voucher holders from finding units, HACP may decide to allow extensions beyond the 120 day period. The decision to allow additional extensions beyond 120 days must be approved by the Housing Manager. The family must demonstrate that its due diligence in trying to locate a unit was met by providing HACP a listing of all units looked at and all contacts with landlords made. HACP must also be able to document that the market has higher rents than voucher holders can afford or there are a shortage of rental units available.

All requests for extensions to the voucher term must be made in writing and submitted to the HACP prior to the expiration date of the voucher (or extended term of the voucher).

The HACP will decide whether to approve or deny an extension request within 10 business days of the date the request is received and will immediately provide the family written notice of its decision.

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Suspensions of Voucher Term [24 CFR 982.303(c)]
The HACP must provide for suspension of the initial or any extended term of the voucher from the date the family submits a request for HACP approval of the tenancy until the date the HACP notifies the family in writing whether the request has been approved or denied.

Expiration of Voucher Term
Once a family’s housing choice voucher term (including any extensions) expires, the family is no longer eligible to search for housing under the program. If the family still wishes to receive assistance, the HACP may require that the family reapply, or may place the family on the waiting list with a new application date but without requiring reapplication. Such a family does not become ineligible for the program on the grounds that it was unable to locate a unit before the voucher expired [HCV GB p. 8-13].

HACP Policy:

Expiration of Applicant Vouchers: If an applicant family’s voucher term or extension expires before the family has submitted a Request for Tenancy Approval (RTA), HACP will require the family to reapply for assistance the next time the waiting list is open.

If an RTA that was submitted prior to the expiration date of the voucher is subsequently disapproved by HACP (after the voucher term has expired) the family’s voucher will be "tolled" and the number of processing days shall be added to the voucher. The tenant shall be given another RTA to search for another unit for only the days remaining on the voucher after it is tolled. This is not an extension
but merely holding the tenant harmless from any processing time.

Within 10 business days after the expiration of the voucher term or any extension, HACP will notify the family in writing that the voucher term has expired and that the family must reapply in order to be placed on the waiting list.

Expiration of Participant Vouchers:

If a participating family’s voucher term or extension expires before the family has submitted a Request for Tenancy Approval (RTA) the family may remain in its current unit with continued voucher assistance if the owner agrees and the PHA approves. If the family has moved out of the unit and the voucher term or extension expires before the family has submitted an RTA then the family will lose its assistance and will be required to reapply for assistance the next time the waiting list is open.

If an RTA that was submitted prior to the expiration date of the voucher is subsequently disapproved by HACP (after the voucher term has expired),the family’s voucher will be "tolled" and the number of processing days shall be added to the voucher. The tenant shall be given another RTA to search for another unit for only the days remaining on the voucher after it is tolled. This is Formatted: Line spacing: Multiple 1.15 li
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not an extension but merely holding the tenant harmless from any processing time.

Within 10 business days after the expiration of the voucher term or any extension, HACP will notify the family in writing that the voucher term has expired and if the family is not currently living in an HCV assisted unit, that the family must reapply when the wait list is open in order to be placed on the waiting list Formatted: Centered
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Chapter 6

INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]

INTRODUCTION
A family’s income determines eligibility for assistance and is also used to calculate the family’s payment and the HACP’s subsidy. The HACP will use the policies and methods described in this chapter to ensure that only eligible families receive assistance and that no family pays more or less than its obligation under the regulations. This chapter describes HUD regulations and HACP policies related to these topics in three parts as follows:
• Part I: Annual Income. HUD regulations specify the sources of income to include and exclude to arrive at awhich are excluded from the family’s annual income. These requirements and HACP policies for calculating annual income are found in Part I. • Part IIPart II: Assets. HUD regulations specify the types of assets which are excluded from a family’s annual income. These requirements and PHA policies for calculating income from assets are found in Part II.
• Part III: Adjusted Income. Once annual income has been established HUD regulations require the HACP to subtract from annual income any of five mandatory deductions for which a family qualifies. and allow the PHA to adopt additional permissive deductions. These requirements and HACP policies for calculating adjusted income are found in Part IIIII.
• Part IIIIV: Calculating Family Share and HACP Subsidy. This part describes the statutory formula for calculating total tenant payment (TTP), the use of utility allowances, and the methodology for determining HACP subsidy and required family payment.

PART I: ANNUAL INCOME
6-I.A. OVERVIEW
The general regulatory definition of annual income shown below is from [24 CFR 5.609. ]

5.609 Annual income.Income Includes:
(a) Annual income means all All amounts, monetary or not, which:
(1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or
(2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and • (3) Which are not specifically excluded in paragraph [24 CFR 5.609(c)].b); Formatted: Line spacing: 1.5 lines
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• (4) Annual income also meansAll amounts derived (during the 12-month period)received from assets to which anyall sources by each member of the family has access.who is 18 years of age or older or is the head of household or spouse;

• In addition to this general definition, HUD regulations establish policiesUnearned income by or on behalf of each dependent who is under 18 years of age; and • Imputed returns of an asset based on the current passbook savings rate, as determined by HUD, when the value of net family assets exceeds $50,000 (which amount HUD will adjust annually) and the actual returns from a given asset cannot be calculated.

In addition to this general definition, the regulations at 24 CFR 5.609(b) provide a comprehensive listing of all sources of income that are excluded from annual income.

Note, unlike in previous versions of the regulations, the current regulations governing annual income do not list sources of income that are to be included. Instead, HUD relies on the definition of excluded income under 24 CFR 5.609(b) to provide the scope of what is included. To that end, generally, all income is included unless it is specifically excluded by regulation.

Annual income includes “all amounts received,” not the amount that a family may be legally entitled to receive but did not receive. For example, a family’s child support or alimony income must be based on payments received, not the amounts to which the family is entitled by court or agency orders [Notice PIH 2023-27].

Annual income also includes all actual anticipated income from assets (provided the income is not otherwise excluded) even if the asset itself is excluded from net family assets [Notice PIH 2023-27]. 24 CFR 5.603(b)(1) describes HUD regulations for treating specific types of income and assets. The full texts of those portions of the regulations are provided in exhibits at the end of this chapter as follows:
• Annual Income InclusionsFull Definition (Exhibit 6-1) • Annual Income Exclusions (Exhibit 6-2)
• Treatment of Family Assets (Exhibit 6-32)
• Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4) • The Effect of Welfare Benefit Reduction (Exhibit 6-53)

Sections 6-I.B and 6-I.C discuss general requirements and methods for calculating annual income. The rest of this section describes how each source of income is treated for the purposes of determining annual income. HUD regulations present income inclusions and exclusions separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this plan, however, the discussions of income inclusions and exclusions are integrated by topic (e.g., all policies affecting earned income are discussed together in section 6-I.D).

Verification requirements for annual income are discussed in Chapter 7.

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6-I.B. HOUSEHOLD COMPOSITION AND INCOME
Overview
Income received by all family members must be counted unless specifically excluded by the regulations. It is the responsibility of the head of household to report changes in family composition. in accordance with HUD regulations and PHA policies in Chapter

11. The rules on which sources of income are counted vary somewhat by family member. The chart below summarizes how family composition affects income determinations.

Summary of Income Included and Excluded by Person
Live-in aides Income from all sources (both earned and unearned) is excluded [24 CFR 5.609(c)(5b)(8)].

Foster child or foster adult Income from all sources (both earned and unearned) is excluded [24 CFR 5.609(c)(2b)(8)].

Head, spouse, or cohead
Other adult family members
All sources of income not specifically excluded by the
regulations are included. [24 CFR 5.609(a)].

Children under 18 years of
ageMinors EmploymentEarned income of children under 18
years of age is excluded [24 CFR 5.609(c)(1b)(3)].

All other sources of unearned income, except those
specifically excluded by the regulations, are included. [24 CFR 5.609(a)].

Full-time students 18 years
of age or older (not head,
spouse, or cohead)
EmploymentEarned income above $480/yearin
excess of the dependent deduction is excluded [24
CFR 5.609(c)(11b)(14)].

All other sources of unearned income, except those
specifically excluded by the regulations, are included.

Temporarily Absent Family Members

The current regulations governing annual income do not specifically address temporarily absent family members. The regulations also do not define “temporarily” or “permanently” absent or specify a timeframe associated with a temporary versus a permanent absence.

HACP Policy:

The income ofUnless specifically excluded by the regulations, the income of all family members approved to live in the unit will be counted, even if the family member is temporarily absent from the unit [HCV GB, p. 5-18]..

HACP Policy:

Generally, an individual who is or is expected to be absent from the assisted unit for 90 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally, an individual who is or is expected to be absent from the assisted unit for more than 90 consecutive days is considered permanently absent and no longer a family member. Exceptions to Formatted: Space Before: 6 pt, Widow/Orphan control
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this general policy are discussed below.

Absent Students

HACP Policy:

When someone who has been considered a family member attends school away from home, the person will continue to be considered a family member unless information becomes available to the HACP indicating that the student has established their own separate household or the family declares that the student has established a separate household.

Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care (as confirmed by the state child welfare agency) are considered members of the family [24 CFR 5.403].

HACP Policy:

If a child has been placed in foster care, the HACP will verify with the appropriate agency whether and when the child is expected to be returned to the home.

Unless the agency confirms that the child has been permanently removed from the home, the child will continue to be counted as a family member.

Absent Head, Spouse, or Cohead

HACP Policy:

An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member. The employment assignment must be of a temporary nature such as military service or a construction assignment out of the area. Per HUD regulations, if the head of household is the only member of the family, then the head may not be absent more than 180 days without the HAP contract terminating.

Family Members Permanently Confined for Medical Reasons If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22].

HACP Policy:

The HACP will request verification from a responsible medical professional and will use this determination. If the responsible medical professional cannot provide a determination, the person generally will be considered temporarily absent. The Formatted: Line spacing: 1.5 lines
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family may present evidence that the family member is confined on a permanent basis and request that the person not be considered a family member.

Joint Custody of Dependents

HACP Policy:

Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 51 percent or more of the time (183 cumulative days during the calendar year).

Caretakers for a Child

HACP Policy:

The approval of a caretaker is at the owner and HACP’s discretion and subject to the owner and HACP’s screening criteria. If neither a parent nor a designated guardian remains in a household receiving HCV assistance, the HACP will take the following actions:

(1) If a responsible agency has determined that another adult is to be brought into the assisted unit to care for a child for an indefinite period, the designated caretaker will not be considered a family member until a determination of custody or legal guardianship is made.
(2) If a caretaker has assumed responsibility for a child without the involvement of a responsible agency or formal assignment of custody or legal guardianship, the caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the caretaker will be considered a family member unless information is provided that would confirm that the caretaker’s role is temporary. In such cases the HACP will extend the caretaker’s status as an eligible visitor.
(3) At any time that custody or guardianship legally has been awarded to a caretaker, the housing choice voucher will be transferred to the caretaker. (4) During any period that a caretaker is considered a visitor, the income of the caretaker is not counted in annual income and the caretaker does not qualify Formatted: Line spacing: 1.5 lines
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the family for any deductions from income.
(5) All caretakers will be subject to the Authority’s non-income background checks. HACP will not approve a particular person as a caretaker, and may withdraw such approval if:

• The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program,

• The person commits drug-related criminal activity or violent criminal activity; or
• The person currently owes rent or other amounts to HACP or to another Housing Authority in connection with Section 8 or public housing assistance under the 1837 Act.
(6) In the event of a family breakup, HACP may use its discretion to determine which family members will continue to receive assistance according to Chapter

3.I.C. [24 CFR 982.315]

6-I.C. ANTICIPATINGCALCULATING ANNUAL INCOME

The methodology used for calculating income differs depending on whether income is being calculated at initial occupancy, interim reexamination, or at annual reexamination.

However, income from assets is always anticipated regardless of certification type.

Anticipating Annual Income [24 CFR 5.609(c)(1)]
At initial occupancy and for an interim reexamination of family income, the PHA is required to count all income “use anticipated to be received from a source outside the family duringincome (current income) for the upcoming 12-month period following the new admission or annualinterim reexamination effective date” [24 CFR 5.609(a)(2)]. .

Policies related to anticipating annualverifying income are provided below.

Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for the coming 12-month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when:
• An imminent change in circumstances is expected [HCV GB, p. 5-17] • It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)]

The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)] PHAs are required to use HUD’s Enterprise Income Verification (EIV) system in its entirety as a third-party source to verify employment and income information, and to reduce administrative subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)]. HUD allows PHAs to use 190
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tenant-provided documents (pay stubs) to project income once EIV data has been received in such cases where the family does not dispute the EIV employer data and where the PHA does not determine it is necessary to obtain additional third-party data.

found in Chapter 7.HACP Policy:

When EIV is obtained and the family does not dispute the EIV employer data, the HACP will use current tenant-provided documents to project annual income.

When the tenant-provided documents are pay stubs, the HACP will make every effort to obtain current and consecutive pay stubs dated within the last 60 days.

If additional pay stubs are submitted, HACP may utilize up to four consecutive paystubs provided to calculate anticipated income for the next annual recertification. Where a participant or applicant has recently commenced employment, HACP will utilize however many pay stubs have been received to date and attempt to supplement them with written verification from the employer.

Where an employer fails to respond to a request for verification of wages, HACP may utilize The Work Number to verify wages. The Work Number shall only be utilized when there is a lack of pay stubs and/or employment verification available to HACP.

The HACP will obtain written and/or oral third-party verification in accordance with the verification requirements and policy in Chapter 7 in the following cases:

If EIV or other UIV data is not available,
If the family disputes the accuracy of the EIV employer data, and/or If the HACP determines additional information is needed.

In such cases, the HACP will review and analyze current data to anticipate annual income. In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how the HACP annualized projected income.

When the HACP cannot readily anticipate income based upon current circumstances (e.g., in the case of temporary, sporadic, or variable employment, seasonal employment, unstable working hours, or suspected fraud), the HACP will review and analyze historical data for patterns of employment, paid benefits, and receipt of other income and use the results of this analysis to establish annual income.

Any time current circumstances are not used to project annual income, a clear rationale for the decision will be documented in the file. In all such cases the family may present information and documentation to the HACP to show why the historic pattern does not represent the family’s anticipated income.

In all cases, the family file will be documented with a clear record of the reason for the decision, and a clear audit trail will be left as to how the PHA annualized projected income.

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Known Changes in Income
If the HACP verifies an upcoming increase or decrease in income, annual income will be calculatedprojected by applying each income amount to the appropriate part of the 12-month period.

Example: An employer reports that a full-time employee who has been receiving $8/hour will begin to receive $8.25/hour in the eighth week after the effective date of the new admission or interim reexamination. In such a case the HACP would calculate annual income as follows: ($8/hour × 40 hours × 7 weeks) + ($8.25 × 40 hours × 45 weeks).

The family may present information that demonstrates that implementing a change before its effective date would create a hardship for the family. In such cases the HACP will calculate annual income using current circumstances and then should the change in income require the PHA to conduct an interim reexamination when the change actually occurs. This requirement will be imposed even if the HACP’s policy on reexaminations does not require, conduct an interim reexaminations for other types of changesreexamination in accordance with PHA policy in Chapter 11.
.

Calculating Annual Income at Annual Reexamination [24 CFR.609(c)(2); Notice PIH 2023-27]
At annual reexamination, PHAs must first determine the family’s income for the previous 12-month period and use this amount as the family income for annual reexaminations; however, adjustments to reflect current income must be made. Any change of income since the family’s last annual reexamination, including those that did not meet the threshold to process an interim reexamination of family income in accordance with PHA policies in Chapter 11 and HUD regulations, must be considered. If, however, there have been no changes to income, then the amount of income calculated for the previous 12-month period is the amount that will be used to determine the family’s rental assistance. Income from assets is always anticipated, irrespective of the income examination type. Policies related to conducting annual reexaminations are located in Chapter 11.

When tenant-provided third-party documents are used to anticipate annual income, they will be dated within the last 60 days of the reexamination interview date.

Projecting Income
In HUD’s EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV 192
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quarterly wages to project annual income.
6-I.D. EARNED INCOME
Types of Earned Income Included in Annual Income:

Wages and Related Compensation [24 CFR 5.609(a); Notice PIH 2023-27] TheThe earned income of each member of the family who is 18 years of age or older, or who is the head of household or spouse/cohead regardless of age, is included in annual income. Income received as a day laborer or seasonal worker is also included in annual income, even if the source, date, or amount of the income varies [24 CFR 5.609 (b)(24)].

Earned income means 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 [24 CFR 5.100].

A day laborer is defined as an individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future [24 CFR 5.603(b)].

A seasonal worker is defined as an individual who is hired into a short-term position( e.g., for which the customary employment period for the position is six months or fewer) 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 [24 CFR 5.603(b)]. Some examples of seasonal work include employment limited to holidays or agricultural seasons. Seasonal work may include but is not limited to employment as a lifeguard, ballpark vendor, or snowplow driver [Notice PIH 2023-27].

HACP Policy:

The HACP will include in annual income the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services is included in annual income [24 CFR 5.609(b)(1)]..

HACP Policy:

For persons who regularly receive bonuses or commissions, the HACP will verify the total and then average amounts received for the two years preceding admission or interim reexamination. If only a one-year history is available, the HACP will use the prior year amounts. In either case the family may provide, and the HACP will consider, a credible justification for not using this history to anticipate future bonuses or commissions. If a new employee has not yet received any bonuses or commissions, the HACP will count only the amount Formatted: Line spacing: Multiple 1.15 li
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estimated by the employer. The file will be documented appropriately.

Some Types of Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 CFR 5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(c)(7b)(11)].

Types of Earned Income Not Counted in Annual Income:

Earnings of a Minor
Temporary, Nonrecurring, or Sporadic Income [24 CFR 5.609(c)(9b)(3)]

This typeA minor is a member of income (including gifts) is not included in annual income. Sporadic income includes temporary payments from the U.S. Census Bureau for employment lasting no longerfamily, other than 180 days [Notice PIH 2009-18].

the head of household or spouse, who is under 18 years of age. HACP Policy:

Sporadic income is income that is not received periodically and cannot be reliably predicted. For example, the income of an individual who works occasionally as a handyman would be considered sporadic if future work could not be anticipated and no historic, stable pattern of income existed.

Children’s Earnings
Employment income earned by children (including foster children) under the ageminors is not included in annual income. All other sources of 18 years is not included in annual income [24 CFR 5.609(c)(1)]. (See Eligibility chapter for a definition of foster children.)unearned income, except those specifically excluded by the regulations, are included.

Certain Earned Income of Full-Time Students [24 CFR 5.609(b)(14)] Earnings in excess of $480 for eachThe earned income of a dependent full-time student 18 years oldin excess of the amount of the dependent deduction is excluded from annual income. All sources of unearned income, except those specifically excluded by the regulations, are included.

A family member other than the head of household or older (except for the head, spouse, or /cohead) are not counted is considered a full-time student if they are attending school or vocational training on a full-time basis [24 CFR 5.609(c)(11)]. 603(b)].

To be considered
“full-time,” a student must be considered “full-time” by an educational institution with a degree or certificate program [HCV GB, p. 5-29].

Income of a Live-in Aide
Income earned by a live-in aide, as defined in [24 CFR 5.403], is not included in annual income [24 CFR 5.609(c)(5)]. (See Eligibility chapter for a full discussion of live-in Formatted: Line spacing: Multiple 1.15 li
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aides.)

Income Earned under Certain Federal Programs
Income from some federal programs is specifically excluded from consideration as income [24 CFR 5.609(c)(17)], including:
• Payments to volunteers under the Domestic Volunteer Services Act of 1873 (42 U.S.C. 5044(g), 5058)
• Awards under the federal work-study program (20 U.S.C. 1087 uu) • Payments received from programs funded under Title V of the Older Americans Act of 1885 (42 U.S.C. 3056(f))
• Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1890 (42 U.S.C. 12637(d))
• Allowances, earnings, and payments to participants in programs funded under the Workforce Investment Act of 1898 (29 U.S.C. 2931)

Resident Service Stipend
Amounts received under a resident service stipend are not included in annual income. A resident service stipend is a modest amount (not to exceed $200 per individual per month) received by a resident for performing a service for the PHA or owner, on a part- time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA’s governing board. No resident may receive more than one such stipend during the same period of time [24 CFR 5.600(c)(8)(iv)].

State and Local Employment Training Programs
Incremental earnings and benefits to any family member resulting from participation in qualifying state or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the training program [24 CFR 5.609(c)(8)(v)].

HACP Policy:

The HACP defines training program as “a learning process with goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period to time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It may have performance standards to measure proficiency. Training may include but is not limited to: (1) classroom training in a specific occupational skill, (2) on-the-job training with wages subsidized by the program, or (3) basic education” [expired Notice PIH 98-2, p. 3].

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The HACP defines incremental earnings and benefits as the difference between: (1) the total amount of welfare assistance and earnings of a family member prior to enrollment in a training program, and (2) the total amount of welfare assistance and earnings of the family member after enrollment in the program [expired Notice PIH 98-2, pp. 3–4].

In calculating the incremental difference, the HACP will use as the pre-enrollment income the total annualized amount of the family member’s welfare assistance and earnings reported on the family’s most recently completed HUD-50058.

End of participation in a training program must be reported in accordance with the HACP's interim reporting requirements.

HUD-Funded Training Programs
Amounts received under training programs funded in whole or in part by HUD [24 CFR

5.609(c)(8)(i)] are excluded from annual income. Eligible sources of funding for the training include operating subsidy, Section 8 administrative fees, and modernization, Community Development Block Grant (CDBG), HOME program, and other grant funds received from HUD.

HACP Policy:

To qualify as a training program, the program must meet the definition of training program provided above for state and local employment training programs.

Earned Income Tax Credit
Earned income tax credit (EITC) refund payments received on or after January 1, 1891 (26 U.S.C. 32(j)), are excluded from annual income [24 CFR 5.609(c)(17)]. Although many families receive the EITC annually when they file taxes, an EITC can also be received throughout the year. The prorated share of the annual EITC is included in the employee’s payroll check.

Earned Income Disallowance
The earned income disallowance for persons with disabilities is discussed in section 6- I.E below.

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6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16; Notice PIH 2023-27]

The earned income disallowance (EID) encourages people with disabilities to enter the work force by not including the full value of increases in earned income for a period of time. The full text of 24 CFR 5.617 is included as Exhibit 6-4 at the end of this chapter.

Eligibility criteria and limitations on the disallowance are summarized below.

Eligibility
This disallowance applies only to individuals in families already participating in the HCV program (not at initial examination). To qualify, the family must experience an increase in annual income that is the result of one of the following events:
• Employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment. Previously unemployed includes a person who annually has earned not more than the minimum wage applicable to the community multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless there is a higher state or local minimum wage.
• Increased earnings by a family member who is a person with disabilities and whose earnings increase during participation in an economic self-sufficiency or job-training program. A self-sufficiency program includes a program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work to such families [24 CFR 5.603(b)].
• New employment or increased earnings by a family member who is a person with disabilities and who has received benefits or services under Temporary Assistance for Needy Families (TANF) or any other state program funded under Part A of Title IV of the Social Security Act within the past six months. If the benefits are received in the form of monthly maintenance, there is no minimum amount. If the benefits or services are received in a form other than monthly maintenance, such as one-time payments, wage subsidies, or transportation assistance, the total amount received over the six-month period must be at least $500.

HOTMA removed the statutory authority for the EID. The EID is available only to families that are eligible for and participating on the program as of December 31, 2023, or before; no new families may be added on or after January 1, 2024. If a family is receiving the EID prior to or on the effective date of December 31, 2023, they are entitled to the full amount of the benefit for a full 24-month period. The policies below are applicable only to such families. No family will still be receiving the EID after December 31, 2025. The EID will sunset on January 1, 2026, and the PHA policies below will no longer be applicable as of that date or when the last qualifying family 197
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exhausts their exclusion period, whichever is sooner.

Calculation of the Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified family begins with a comparison of the member’s current income with his or her “baseline income.” The family member’s baseline income is his or her income immediately prior to qualifying for the EID. The family member’s baseline income remains constant throughout the period that he or she is participating in the EID. While qualification for the disallowance is the same for all families, calculation of the disallowance will differ depending on when the family member qualified for the EID.

Participants qualifying prior to May 9, 2016, will have the disallowance calculated under the “Original Calculation Method” described below which requires a maximum lifetime disallowance period of up to 48 consecutive months. Participants qualifying on or after May 9, 2016, will be subject to the “Revised Calculation Method” Which shortens the lifetime disallowance period to 24 consecutive months.

Under both the original and new methods, the EID eligibility criteria, the benefit amount, the single lifetime eligibility requirement and the ability of the applicable family member to stop and restart employment during the eligibility period are the same.

Original
Calculation Method

Initial 12-Month Exclusion
During the initial 12-month exclusion period, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded.

The 12 months are cumulative and need not be consecutive.

HACP Policy:

The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings.

Second 12-Month ExclusionHACP Policy:

The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings.

Second 12-Month Exclusion and Phase-In
During the second 12-month exclusion period, the exclusion is reduced to half (50 percent) of any increase in income attributable to employment or increased earnings.

The 12 months are cumulative and need not be consecutive.

Lifetime Limitation
The EID has a four-year (48-month) lifetime maximum. The four-year eligibility period Formatted: Font: Not Bold
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begins at the same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility for the EID applies even if the eligible individual begins to receive assistance from another housing agency, if the individual moves between public housing and Section 8 assistance, or if there are breaks in assistance. The EID will sunset on January 1, 2026. In no circumstances will a family member’s exclusion period continue past January 1, 2026.

HACP Policy:

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

Revised Calculation Method

Initial 12-Month Exclusion
During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any increase in income attributable to new employment or increased earnings is excluded.

HACP Policy:

The initial EID exclusion period will begin on the first of the month following the date an eligible member of a qualified family is first employed or first experiences an increase in earnings.

Second 12-Month Exclusion
During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50 percent of any increase in income attributable to employment or increased earnings.

HACP Policy:

During the second 12-month exclusion period, the HACP will exclude 50 percent of any increase in income attributable to new employment or increased earnings.

Lifetime Limitation
The EID has a two-year (24-month) lifetime maximum. The two-year eligibility period begins at the same time that the initial exclusion period begins and ends 24 months later. During the 24-month period, an individual remains eligible for EID even if they begin to receive assistance from a different housing agency, move between public housing and Section 8 assistance, or have breaks in assistance. 6-I.F. BUSINESS AND SELF-EMPLOYMENT INCOME [24 CFR 5.609(b)(2)]28); Notice PIH 2023-27]
Annual income includes “the net income from the operation of a business or profession.

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operate. Gross income is all income amounts received into the business, prior to the deduction of business expenses.

Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family” [24 CFR 5.609(b)(2)].”.

Net income is “gross income less business expense” [HCV GB, p. 5-18].

HACP Policy:

To determine business expenses that may be deducted from gross income, the HACP will use current applicable Internal Revenue Service (IRS) rules for determining allowable business expenses [see IRS Publication 535], unless a topic is addressed by HUD regulations or guidance as described below.

Independent Contractors
Income received as an independent contractor is included in annual income, even if the source, date, or amount of the income varies [24 CFR 5.609 (b)(24)].

An independent contractor is defined as 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 [24 CFR 5.603(b)].

Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion.

HACP Policy:

Business expansion is defined as any capital expenditures made to add new business activities, to expand current facilities, or to operate the business in additional locations. For example, purchase of a street sweeper by a construction business for the purpose of adding street cleaning to the services offered by the business would be considered a business expansion. Similarly, the purchase of a property by a hair care business to open at a second location would be considered a business expansion.

Capital Indebtedness
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HUD regulations do not permit the PHA to deduct from gross income the amortization of capital indebtedness.

HACP Policy:

Capital indebtedness is defined as the principal portion of the payment on a capital asset such as land, buildings, and machinery. This means the HACP will allow as a business expense interest, but not principal, paid on capital indebtedness.

Negative Business Income
If the net income from a business is negative, no business income will be included in annual income; a negative amount will not be used to offset other family income.

Withdrawal of Cash or Assets from a Business
HUD regulations require the
HACP to include in annual income the withdrawal of cash or assets from the operation of a business or profession unless the withdrawal reimburses a family member for cash or assets invested in the business by the family.

HACP Policy:

Acceptable investments in a business include cash loans and contributions of assets or equipment. For example, if a member of an assisted family provided an up-front loan of $2,000 to help a business get started, the HACP will not count as income any withdrawals from the business up to the amount of this loan until the loan has been repaid. Investments do not include the value of labor contributed to the business without compensation.

Co-owned Businesses
HACP Policy:

If a business is co-owned with someone outside the family, the family must document the share of the business it owns. If the family’s share of the income is lower than its share of ownership, the family must document the reasons for the difference.
6-I.G. ASSETS [24 CFR 5.609(b)(3); 24 CFR 5.603(b)]
Overview
There is no asset limitation for participation in the HCV program. However, HUD requires that the PHA include in annual income the anticipated “interest, dividends, and other net income of any kind from real or personal property” [24 CFR 5.609(b)(3)]. This section discusses how the income from various types of assets is determined. For most types of assets, the PHA must determine the value of the asset in order to compute income from the asset. Therefore, for each asset type, this section discusses:
• How the value of the asset will be determined
• How income from the asset will be calculated
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Exhibit 6-1 provides the regulatory requirements for calculating income from assets [24 CFR 5.609(b)(3)] and Exhibit 6-3 provides the regulatory definition of net family assets.

This section begins with a discussion of general policies related to assets and then provides HUD rules and PHA policies related to each type of asset.

Optional policies for family self-certification of assets are found in Chapter 7.

General Policies

Income from
Assets
The HACP generally will use current circumstances to determine both the value of an asset and the anticipated income from the asset. As is true for all sources of income, HUD authorizes the HACP to use other than current circumstances to anticipate income when (1) an imminent change in circumstances is expected (2) it is not feasible to anticipate a level of income over 12 months or (3) the HACP believes that past income is the best indicator of anticipated income. For example, if a family member owns real property that typically receives a rental income but the property is currently vacant, the HACP can take into consideration past rental income along with the prospects of obtaining a new tenant.

HACP Policy:

Anytime current circumstances are not used to determine asset income, a clear rationale for the decision will be documented in the file. In such cases the family may present information and documentation to the HACP to show why the asset income determination does not represent the family’s anticipated asset income.

Valuing Assets
The calculation of asset income sometimes requires the PHA to make a distinction between an asset’s market value and its cash value.
• The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for real estate or the total value of an investment account). • The cash value of an asset is its market value less all reasonable amounts that would be incurred when converting the asset to cash.

HACP Policy:

Reasonable costs that would be incurred when disposing of an asset include, but are not limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs incurred in real estate transactions [HCV GB, p. 5-28].

Lump-Sum Receipts
Payments that are received in a single lump sum, such as inheritances, capital gains, lottery winnings, insurance settlements, and proceeds from the sale of property, are generally considered assets, not income. However, such lump-sum receipts are Formatted: Line spacing: Multiple 1.15 li
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counted as assets only if they are retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking account) [RHIIP FAQs]. (For a discussion of lump-sum payments that represent the delayed start of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.)

Imputing Income from Assets [24 CFR 5.609(b)(3), Notice PIH 2012-29] When net family assets are $5,000 or less, the PHA will include in annual income the actual income anticipated to be derived from the assets. When the family has net family assets in excess of $5,000, the PHA will include in annual income the greater of (1) the actual income derived from the assets or (2) the imputed income. Imputed income from assets is calculated by multiplying the total cash value of all family assets by an average passbook savings rate as determined by the PHA.
• Note: The HUD field office no longer provides an interest rate for imputed asset income. The “safe harbor” is now for the PHA to establish a passbook rate within

0.75 percent of a national average.
• The PHA must review its passbook rate annually to ensure that it remains within

0.75 percent of the national average.

HACP Policy:

The HACP will initially set the imputed asset passbook rate at the national rate established by the Federal Deposit Insurance Corporation (FDIC).

The HACP will review the passbook rate annually, in December of each year.

The rate will not be adjusted unless the current HACP rate is no longer within

0.75 percent of the national rate. If it is no longer within 0.75 percent of the national rate, the passbook rate will be set at the current national rate.

Changes to the passbook rate will take effect on February 1st following the December review.

Determining Actual Anticipated Income from Assets
It may or may not be necessary for the PHA to use the value of an asset to compute the actual anticipated income from the asset. When the value is required to compute the anticipated income from an asset, the market value of the asset is used. For example, if the asset is a property for which a family receives rental income, the anticipated income is determined by annualizing the actual monthly rental amount received for the property; it is not based on the property’s market value. However, if the asset is a savings account, the anticipated income is determined by multiplying the market value of the account by the interest rate on the account.

Withdrawal of Cash or Liquidation of Investments
Any withdrawal of cash or assets from an investment will be included in income except to the extent that the withdrawal reimburses amounts invested by the family. For example, when a family member retires, the amount received by the family from a retirement investment plan is not counted as income until the family has received Formatted: Indent: Left: 0", First line: 0.5", Line
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payments equal to the amount the family member deposited into the retirement investment plan.

Jointly Owned Assetsby a Business Entity
The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes “amounts derived (during the 12-month period) from assets to which any member of the family has access.”

HACP Policy:

If an asset is owned by more than one person and any family member has unrestricted access to the asset, the HACP will count the full value of the asset.

A family member has unrestricted access to an asset when he or she can legally dispose of the asset without the consent of any of the other owners.

If an asset is owned by more than one person, including a family member, but the family member does not have unrestricted access to the asset, the HACP will prorate the asset according to the percentage of ownership. If no percentage is specified or provided for by state or local law, the HACP will prorate the asset evenly among all owners.

Assets Disposed of for Less than Fair Market Value [24 CFR 5.603(b)] HUD regulations require the PHA to count as a current asset any business or family asset that was disposed of for less than fair market value during the two years prior to the effective date of the examination/reexamination, except as noted below.

Minimum Threshold
The HVC Guidebook permits the PHA to set a threshold below which assets disposed of for less than fair market value will not be counted [HCV GB, p. 5-27].

HACP Policy:

The HACP will not include the value of assets disposed of for less than fair market value unless the cumulative fair market value of all assets disposed of during the past two years exceeds the gross amount received for the assets by more than $1,000.

When the two-year period expires, the income assigned to the disposed asset(s) also expires. If the two-year period ends between annual recertifications, the family may request an interim recertification to eliminate consideration of the asset(s).

Assets placed by the family in nonrevocable trusts are considered assets disposed of for less than fair market value except when the assets placed in trust were received through settlements or judgments.

Separation or Divorce
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fair market value if they are disposed of as part of a separation or divorce settlement and the applicant or tenant receives important consideration not measurable in dollar terms.

HACP Policy:

All assets disposed of as part of a separation or divorce settlement will be considered assets for which important consideration not measurable in monetary terms has been received. In order to qualify for this exemption, a family member must be subject to a formal separation or divorce settlement agreement established through arbitration, mediation, or court order.

Foreclosure or Bankruptcy
Assets are not considered disposed of for less than fair market value when the disposition is the result of a foreclosure or bankruptcy sale.

Family Declaration

HACP Policy:

Families must sign a declaration form at initial certification and each annual recertification identifying all assets that have been disposed of for less than fair market value or declaring that no assets have been disposed of for less than fair market value. The HACP may verify the value of the assets disposed if other information available to the HACP does not appear to agree with the information reported by the family.

Types of Assets

Checking and Savings Accounts
For regular checking accounts and savings accounts, cash value has the same meaning as market value. If a checking account does not bear interest, the anticipated income from the account is zero.

HACP Policy:

In determining the value of a checking account, the HACP will use the average monthly balance for the last six months.

In determining the value of a savings account, the HACP will use the current balance.

In determining the anticipated income from an interest-bearing checking or savings account, the HACP will multiply the value of the account by the current rate of interest paid on the account.

Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds
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Interest or dividends earned by investment accounts are counted as actual income from assets even when the earnings are reinvested. The cash value of such an asset is determined by deducting from the market value any broker fees, penalties for early withdrawal, or other costs of converting the asset to cash.

HACP Policy:

In determining the market value of an investment account, the HACP will use the value of the account on the most recent investment report.

How anticipated income from an investment account will be calculated depends on whether the rate of return is known. For assets that are held in an investment account with a known rate of return (e.g., savings certificates), asset income will be calculated based on that known rate (market value multiplied by rate of earnings). When the anticipated rate of return is not known (e.g., stocks), the HACP will calculate asset income based on the earnings for the most recent reporting period.

Equity in Real Property or Other Capital Investments
Equity (cash value) in a property or other capital asset is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker fees) that would be incurred in selling the asset [HCV GB, p. 5-25].

HACP Policy:

In determining the equity, the HACP will determine market value by examining recent sales of at least three properties in the surrounding or similar neighborhood that possess comparable factors that affect market value.

The HACP will first use the payoff amount for the loan (mortgage) as the unpaid balance to calculate equity. If the payoff amount is not available, the HACP will use the basic loan balance information to deduct from the market value in the equity calculation.

Equity in real property and other capital investments is considered in the calculation of asset income except for the following types of assets:
• Equity accounts in HUD homeownership programs [24 CFR5.603(b)] • The value of a home currently being purchased with assistance under the HCV program Homeownership Option for the first 10 years after the purchase date of the home [24 CFR 5.603(b), Notice PIH 2012-3]
• Equity in owner-occupied cooperatives and manufactured homes in which the family lives [HCV GB, p. 5-25]
• Equity in real property when a family member’s main occupation is real estate [HCV GB, p. 5-25]. This real estate is considered a business asset, and income related to this asset will be calculated as described in section 6-I.F. • Interests in Indian Trust lands [24 CFR 5.603(b)]
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• Real property and capital assets that are part of an active business or farming operation [HCV GB, p. 5-25]

The PHA must also deduct from the equity the reasonable costs for converting the asset to cash. Using the formula for calculating equity specified above, the net cash value of real property is the market value of the loan (mortgage) minus the expenses to convert to cash [Notice PIH 2012-3].

HACP Policy:

For the purposes of calculating expenses to convert to cash for real property, the HACP will use ten percent of the market value of the home.

A family may have real property as an asset in two ways: (1) owning the property itself and (2) holding a mortgage or deed of trust on the property. In the case of a property owned by a family member, the anticipated asset income generally will be in the form of

rent or other payment for the use of the property. If the property generates no income, actual anticipated income from the asset will be zero.

In the case of a mortgage or deed of trust held by a family member, the outstanding balance (unpaid principal) is the cash value of the asset. The interest portion only of payments made to the family in accordance with the terms of the mortgage or deed of trust is counted as anticipated asset income.

HACP Policy:

In the case of capital investments owned jointly with others not living in a family’s unit, a prorated share of the property’s cash value will be counted as an asset unless the HACP determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash.

Trusts
A trust is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries).

Revocable Trusts

If any member of a family has the right to withdraw the funds in a trust, the value of the trust is considered an asset [HCV GB, p. 5-25]. Any income earned as a result of investment of trust funds is counted as actual asset income, whether the income is paid to the family or deposited in the trust.

Nonrevocable Trusts
In cases where a trust is not revocable by, or under the control of, any member of a family, the value of the trust fund is not considered an asset. However, any income distributed to the family from such a trust is counted as a periodic payment or a lump- sum receipt, as appropriate [24 CFR 5.603(b)]. (Periodic payments are covered in Formatted: Line spacing: Multiple 1.15 li
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section 6-I.H. Lump-sum receipts are discussed earlier in this section.)

Retirement Accounts
Company Retirement/Pension Accounts

In order to correctly include or exclude as an asset any amount held in a company retirement or pension account by an employed person, the PHA must know whether the money is accessible before retirement [HCV GB, p. 5-26].

While a family member is employed, only the amount the family member can withdraw without retiring or terminating employment is counted as an asset [HCV GB, p. 5-26].

After a family member retires or terminates employment, any amount distributed to the family member is counted as a periodic payment or a lump-sum receipt, as appropriate [HCV GB, p. 5-26], except to the extent that it represents funds invested in the account by the family member. (For more on periodic payments, see section 6-I.H.) The balance in the account is counted as an asset only if it remains accessible to the family member.

IRA, Keogh, and Similar Retirement Savings Accounts
IRA, Keogh, and similar retirement savings accounts are counted as assets even though early withdrawal would result in a penalty [HCV GB, p. 5-25].

Personal Property
Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, etc., is considered an asset [HCV GB, p. 5-25].

HACP Policy:

In determining the value of personal property held as an investment, the HACP will use the family’s estimate of the value. The HACP may obtain an appraisal to confirm the value of the asset if there is reason to believe that the family’s estimated value is off by $50 or more. The family must cooperate with the appraiser but cannot be charged any costs related to the appraisal.

Generally, personal property held as an investment generates no income until it is disposed of. If regular income is generated (e.g., income from renting the personal property), the amount that is expected to be earned in the coming year is counted as actual income from the asset.

Necessary items of personal property are not considered assets [24 CFR 5.603(b)].

HACP Policy:

Necessary personal property consists of only those items not held as an investment, and may include clothing, furniture, household furnishings, jewelry, and vehicles, including those specially equipped for persons with disabilities.

Life Insurance
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such as a whole life or universal life policy, is included in the calculation of the value of the family’s assets [HCV GB 5-25]. The cash value is the surrender value. If such a policy earns dividends or interest that the family could elect to receive, the anticipated amount or total of dividends or interest is counted as income from the asset whether or not the family actually receives it.
6-I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis. HUD regulations specify periodic payments that are and are not included in annual income.

Periodic Payments Included in Annual Income
• Periodic payments from sources such as social security, unemployment and welfare assistance, annuities, insurance policies, retirement funds, and pensions. However, periodic payments from retirement accounts, annuities, and similar forms of investments are counted only after they exceed the amount contributed by the family [24 CFR 5.609(b)(4) and (b)(3)].
• Disability or death benefits and lottery receipts paid periodically, rather than in a single lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-14].

If a business entity (e.g., limited liability company or limited partnership) owns the asset, then the family’s asset is their ownership stake in the business, not some portion of the business’s assets. However, if the family holds the assets in their own name (e.g., they own one-third of a restaurant) rather than in the name of a business entity, then the percentage value of the asset owned by the family is what is counted toward net family assets (e.g., one-third of the value of the restaurant) [Notice PIH 2023-27].

6-I.G. STUDENT FINANCIAL ASSISTANCE [FR Notice 2/14/23 and Notice PIH 2023- 27]
Introduction

Section 479B of the HEA requires that all assistance under Title IV of the HEA and Bureau of Indian Affairs student financial assistance, even assistance provided to students in excess of tuition and required fees or charges, be excluded from HUD income calculations.

For Section 8 programs only, however, for over 10 years through FY 2022, HUD appropriations have included a provision that for certain students receiving Section 8 assistance, any amounts received in excess of tuition and any other required fees and charges are considered income (with the exception of students who lived with their parents or who were over the age of 23 with a dependent child).

While the language in various consolidated appropriations acts is limited to federal fiscal year covered by the act, this does not rule out the possibility that similar language will be included in future years’ appropriations bills.

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• For any funds from a year where HUD’s appropriations acts include this limitation, it will apply with respect to Section 8 participants. The PHA will follow the pre-HOTMA Section 8 student financial assistance limitation described below. • During years in which an appropriations act does not contain this Section 8 student financial assistance limitation (or any other such limitation), then the determination of student financial assistance as included/excluded income for all Section 8 students defaults to the methodology described for the public housing program and listed below.

Pre-HOTMA Section 8 Student Financial
Lump-Sum Payments for the Delayed Start of a Periodic Payment Most lump-sums received as a result of delays in processing periodic payments, such as unemployment or welfare assistance, are counted as income. However, lump-sum receipts for the delayed start of periodic social security or supplemental security income (SSI) payments are not counted as income. Additionally, any deferred disability benefits that are received in a lump-sum or in prospective monthly amounts from the Department of Veterans Affairs are to be excluded from annual income [24 CFR 5.609(c)(14)].

HACP Policy:

When a delayed-start payment is received and reported during the period in which the HACP is processing an annual reexamination, the HACP will adjust the family share and HACP subsidy retroactively for the period the payment was intended to cover. The family may pay in full any amount due or request to enter into a repayment agreement with the HACP.

Treatment of Overpayment Deductions from Social Security Benefits The PHA must make a special calculation of annual income when the Social Security Administration (SSA) overpays an individual, resulting in a withholding or deduction from his or her benefit amount until the overpayment is paid in full. The amount and duration of the withholding will vary depending on the amount of the overpayment and the percent of the benefit rate withheld. Regardless of the amount withheld or the length of the withholding period, the PHA must use the reduced benefit amount after deducting only the amount of the overpayment withholding from the gross benefit amount [Notice PIH 2012-10].

Periodic Payments Excluded from Annual Income
• Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the assisted family, who are unable to live alone) [24 CFR 5.609(c)(2)]. Kinship guardianship assistance payments (Kin-GAP) and other similar guardianship payments are treated the same as foster care payments and are likewise excluded from annual income [Notice PIH 2012-1].

HACP Policy:

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agency [HCV GB, p. 5-18].
• Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)].
• Amounts received under the Low-Income Home Energy Assistance Program (42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)].
• Amounts received under the Childcare and Development Block Grant Act of 1890 (42 U.S.C. 9858q) [24 CFR 5.609(c)(17)].
• Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 32(j)) [24 CFR

5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to receive the amount due as part of payroll payments from an employer. • Lump-sums received as a result of delays in processing Social Security and SSI payments (see section 6-I.H.) [24 CFR 5.609(c)(14)].
• Lump-sums or prospective monthly amounts received as deferred disability benefits from the Department of Veterans Affairs (VA) [24 CFR 5.609(c)(14)]. 6-I.I. PAYMENTS IN LIEU OF EARNINGS
Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation, and severance pay, are counted as income [24 CFR

5.609(b)(5)] if they are received either in the form of periodic payments or in the form of a lump-sum amount or prospective monthly amounts for the delayed start of a periodic payment. If they are received in a one-time lump sum (as a settlement, for instance), they are treated as lump-sum receipts [24 CFR 5.609(c)(3)]. (See also the discussion of periodic payments in section 6-I.H and the discussion of lump-sum receipts in section 6- I.G.)
6-I.J. WELFARE ASSISTANCE

Overview
Welfare assistance is counted in annual income. Welfare assistance includes Temporary Assistance for Needy Families (TANF) and any payments to individuals or families based on need that are made under programs funded separately or jointly by federal, state, or local governments [24 CFR 5.603(b)].

Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] The PHA must make a special calculation of annual income when the welfare agency imposes certain sanctions on certain families. The full text of the regulation at 24 CFR

5.615 is provided as Exhibit 6-5. The requirements are summarized below. This rule applies only if a family was receiving HCV assistance at the time the sanction was imposed.

Covered Families
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(’welfare agency’) 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 such assistance” [24 CFR 5.615(b)]

Imputed Income
When a welfare agency imposes a sanction that reduces a family’s welfare income because the family commits fraud or fails to comply with the agency’s economic self- sufficiency program or work activities requirement, the PHA must include in annual income “imputed” welfare income. The PHA must request that the welfare agency provide the reason for the reduction of benefits and the amount of the reduction of benefits. The imputed welfare income is the amount that the benefits were reduced as a result of the sanction.

This requirement does not apply to reductions in welfare benefits: (1) at the expiration of the lifetime or other time limit on the payment of welfare benefits, (2) if a family member is unable to find employment even though the family member has complied with the welfare agency economic self-sufficiency or work activities requirements, or (3) because a family member has not complied with other welfare agency requirements [24 CFR

5.615(b)(2)].

Offsets
The amount of the imputed welfare income is offset by the amount of additional income the family begins to receive after the sanction is imposed. When the additional income equals or exceeds the imputed welfare income, the imputed income is reduced to zero [24 CFR 5.615(c)(4)].

Limitation [FR 4/10/06;6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)]
Annual income includes periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing with an assisted family.

Alimony and Child Support
The PHA must count alimony or child support amounts awarded as part of a divorce or separation agreement.

HACP Policy:

The HACP will count court-awarded amounts for alimony and child support unless the HACP verifies that: (1) the payments are not being made, and (2) the family has made reasonable efforts to collect amounts due, including filing with courts or agencies responsible for enforcing payments [HCV GB, pp. 5-23 and 5- 47].

Families who do not have court-awarded alimony and child support awards are not required to seek a court award and are not required to take independent legal action to obtain collection.

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Regular Contributions or Gifts
The PHA must count as income regular monetary and nonmonetary contributions or gifts from persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary, nonrecurring, or sporadic income and gifts are not counted [24 CFR 5.609(c)(9)].

HACP Policy:

Examples of regular contributions include: (1) regular payment of a family’s bills (e.g., utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets provided to any family member on a regular basis, and (3) “in-kind” contributions such as groceries and clothing provided to a family on a regular basis.

Nonmonetary contributions will be valued at the cost of purchasing the items, as determined by the HACP. For contributions that may vary from month to month (e.g., utility payments), the HACP will include an average amount based upon past history.

6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9); Notice PIH 2015- 21]

In 2005, Congress passed a law (for Section 8 programs only) requiring that certain student financial assistance be included in annual income. Prior to that, the full amount of student financial assistance was excluded. For some students, the full exclusion still applies.

Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06; Notice PIH 2015-21]
The regulation requiring the inclusion of certain student financial assistance applies only to students who satisfy all of the following conditions:
• They are enrolled in an institution of higher education, as defined under the Higher Education Act (HEA) of 18651965.
• They are seeking or receiving Section 8 assistance on their own—that is, apart from their parents—through the HCV program, the project-based voucher program, or the moderate rehabilitation program.
•
They are under 24 years of age OR they have no dependent children.

For students who satisfy these three conditions, any financial assistance in excess of tuition and any other required fees and charges received: (1) under the 18651965 HEA, (2) from a private source, or (3) from an institution of higher education, as defined under the 18651965 HEA, must be included in annual income.

To determine annual income in accordance with the above requirements, the PHA will use the definitions of dependent child, institution of higher education, and parents in sectionChapter 3-II.E, along with the following definitions [FR 4/10/06, pp. 18148- Formatted: Line spacing: Multiple 1.15 li, Keep with
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18150]:

• Assistance under the Higher Education Act of 18651965 includes Pell Grants, Federal Supplement Educational Opportunity Grants, Academic Achievement Incentive Scholarships, State Assistance under the Leveraging Educational Assistance Partnership Program, the Robert G. Byrd Honors Scholarship Program, and Federal Work Study programs.
• Assistance from private sources means assistance from nongovernmental sources, including parents, guardians, and other persons not residing with the student in an HCV assisted unit.
•
Tuition and fees are defined in the same manner in which the Department of Education defines tuition and fees [Notice PIH 2015-21]. - This is the amount of tuition and required fees covering a full academic year most frequently charged to students.
- The amount represents what a typical student would be charged and may not be the same for all students at an institution.
- If tuition is charged on a per-credit-hour basis, the average full-time credit hour load for an academic year is used to estimate average tuition. - Required fees include all fixed-sum charges that are required of a large proportion of all students. Examples include, but are not limited to, writing and science lab fees and fees specific to the student’s major or program (i.e., nursing program).
- Expenses related to attending an institution of higher education must not be included as tuition. Examples include, but are not limited to, room and board, books, supplies, meal plans, transportation and parking, student health insurance plans, and other non-fixed-sum charges.
-
Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9)the regulations is fully excluded from annual income under 24 CFR 5.609(c)(6),, whether it is paid directly to the student or to the educational institution the student is attending.

This includes any financial assistance received by:
• Students residing with parents who are seeking or receiving Section 8 assistance • Students who are enrolled in an educational institution that does not meet the 18651965 HEA definition of institution of higher education. • Students who are over 23 AND have at least one dependent child, as defined in section 3-II. E
• Students who are receiving financial assistance through a governmental program not authorized under the 18651965 HEA.

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HOTMA Student Financial Assistance Requirements [24 CFR 5.609(b)(9)] The regulations under HOTMA distinguish between two categories of student financial assistance paid to both full-time and part-time students.

Types of Assistance
Any assistance to students under section 479B of the Higher Education Act of 1965 (Title IV of the HEA) must be excluded from the family’s annual income [24 CFR

5.609(b)(9)(i)].

Examples of assistance under title IV of the HEA include:
• Federal Pell Grants;
• Teach Grants;
• Federal Work Study Programs;
• Federal Perkins Loans;
• Income earned in employment and training programs under section 134 of the Workforce Innovation and Opportunity Act (WIOA); or
• Bureau of Indian Affairs/Education student assistance programs - The Higher Education Tribal Grant
- The Tribally Controlled Colleges or Universities Grant Program

Any other grant-in-aid, scholarship, or other assistance amounts an individual receives for the actual covered costs charged by the institute of higher education not otherwise excluded by the Federally mandated income exclusions are excluded [24 CFR

5.609(b)(9)(ii)]. Actual covered costs are defined as the actual costs of:
• Tuition, books, and supplies;
- Including supplies and equipment to support students with learning disabilities or other disabilities
• Room and board; and
• Other fees required and charged to a student by the education institution.

For a student who is not the head of household or spouse/cohead, actual covered costs also include the reasonable and actual costs of housing while attending the institution of higher education and not residing in an assisted unit.

Further, to qualify, other student financial assistance must be expressly:
• For tuition, book, supplies, room and board, or other fees required and charged to the student by the educational institution;
• To assist a student with the costs of higher education; or 215
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• To assist a student who is not the head of household or spouse with the reasonable and actual costs of housing while attending the educational institution and not residing in an assisted unit.

The student financial assistance may be paid directly to the student or to the educational institution on the student’s behalf. However, any student financial assistance paid to the student must be verified by the PHA.

The financial assistance must be a grant or scholarship received from:
• The Federal government;
• A state, tribal, or local government ;
• A private foundation registered as a nonprofit;
• A business entity (such as corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, or nonprofit entity); or
• An institution of higher education.

Student financial assistance, does not include:
• Financial support provided to the student in the form of a fee for services performed; (e.g., a work study or teaching fellowship that is not excluded under section 479B of the Higher Education Act HEA);
• Gifts, including gifts from family or friends; or
• Any amount of the scholarship or grant that, either by itself or in combination with assistance excluded under the HEA, exceeds the actual covered costs of the student.

Calculating Income from Student Financial Assistance [HOTMA Student Financial Assistance Resource Sheet; Notice PIH 2023-27]

The formula for calculating the amount of other student financial assistance that is excluded from income always begins with deducting the assistance received under 479B of the HEA from the total actual covered costs, because the 479B assistance is intended to pay the student’s actual covered costs. When a student receives assistance from both Title IV of the HEA and from other sources, the assistance received under Title IV of the HEA must be applied to the student’s actual covered costs first and then other student financial assistance is applied to any remaining actual covered costs.

Once actual costs are covered, any remaining student financial assistance is considered income.

HACP Policy:

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income. The HACP will not calculate actual covered costs in this case.

If the student does not receive any assistance under Title IV of the HEA but does receive assistance from another source, the HACP will first calculate the actual covered costs to the student in accordance with 24 CFR 5.609(b)(ii). The HACP will then subtract the total amount of the student’s financial assistance from the student’s actual covered costs. The HACP will include any amount of financial assistance in excess of the student’s actual covered costs in the family’s annual income.

Example 1
• Actual covered costs: $20,000
• Other student financial assistance: $25,000
• Excluded income: $20,000 ($25,000 in financial assistance - $20,000 in actual covered costs)
• Included income: $5,000

When a student receives assistance from both Title IV of the HEA and from other sources, the HACP will first calculate the actual covered costs to the student in accordance with 24 CFR 5.609(b)(ii). The assistance received under Title IV of the HEA will be applied to the student’s actual covered costs first and then the other student financial assistance will be applied to any remaining actual covered costs.

If the amount of assistance excluded under Title IV of the HEA equals or exceeds the actual covered costs, none of the assistance included under other student financial assistance” would be excluded from income.

Example 2
• Actual covered costs: $25,000
• Title IV HEA assistance: $26,000
• Title IV HEA assistance covers the students entire actual covered costs.
• Other Student Financial Assistance: $5,000
• Excluded income: The entire Title IV HEA assistance of $26,000
• Included income: All other financial assistance of $5,000 217
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If the amount of assistance excluded under Title IV of the HEA is less than the actual covered costs, the HACP will exclude the amount of other student financial assistance up to the amount of the remaining actual covered costs.

Example 3
• Actual covered costs: $22,000
• Title IV HEA assistance: $15,000
• The remaining amount not covered by Title IV HEA assistance is $7,000 ($22,000 in actual covered costs - $15,000 in Title IV HEA assistance).
• Other Student Financial Assistance: $5,000
• $7,000 in remaining actual covered costs - $5,000 in other financial assistance
• Excluded income: $15,000 entire amount of the Title IV HEA Assistance + $5,000 in other financial assistance
• Included income: $0

Example 4
• Actual covered costs: $18,000
• Title IV HEA Assistance: $15,000
• The remaining amount not covered by Title IV HEA assistance is $3,000 ($18,000 in actual covered costs - $15,000 in Title IV HEA Assistance)
• Other student Financial Assistance: $5,000
• When other student financial assistance is applied, financial assistance exceeds actual covered costs by $2,000 ($3,000 in actual covered costs - $5,000 in other financial assistance). • Included income: $2,000 (the amount by which the financial aid exceeds the student's actual covered costs).

6-I.H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis. HUD regulations specify periodic payments that are not included in annual income. Regulations do not specify which types of periodic payments are included in annual income.

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excluded from a family’s annual income because it is nonrecurring income. However, this does not include unemployment income and other types of periodic payments that are received at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year that can be extended. For example, a family receives income from a guaranteed income program in their city that has a discrete beginning and end date. While the guaranteed income will be repeated in the coming year, it will end before the family’s next annual reexamination. This income is fully excluded from annual income.

Insurance payments and settlements for personal or property losses, including but not limited to payments under health insurance, motor vehicle insurance, and workers’ compensation, are excluded from annual income. However, periodic payments paid at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year that are received in lieu of wages for workers’ compensation are included in annual income. Payments received in lieu of wages for worker’s compensation are excluded, even if paid in periodic payments, if the income will last for a period of less than one year.

HACP Policy:

The HACP will include in annual income the full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts.

Payments in lieu of earnings, such as unemployment and disability compensation, and severance pay are also counted as income if they are received in the form of periodic payments.

Lump-Sum Payments for the Delayed Start of a Periodic Payment[24 CFR

5.609(b)(16)]
Deferred periodic amounts from Supplemental Security Income (SSI) and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs (VA) disability benefits that are received in a lump sum amount or in prospective monthly amounts are excluded from annual income.

HACP Policy:

The HACP will include in annual income lump sums received as a result of delays in processing periodic payments (other than those specifically excluded by the regulation), such as unemployment or welfare assistance.

When a delayed-start payment is received that is to be included and the family reports this during the period in which the HACP is processing an annual reexamination, the HACP will adjust the family’s rent retroactively for the period the payment was intended to cover.

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processing an annual reexamination, then the PHA will consider whether the amount meets the threshold to conduct an interim reexamination. If so, the PHA will conduct an interim in accordance with PHA policies in Chapter 11. If not, the PHA will consider the amount when processing the family’s next annual recertification.

Retirement Accounts [24 CFR 5.609(b)(26); Notice PIH 2023-27] Income received from any account under a retirement plan recognized as such by the IRS, including individual retirement arrangements (IRAs), employer retirement plans, and retirement plans for self-employed individuals is not considered actual income from assets.

However, any distribution of periodic payments from such accounts is included in annual income at the time they are received by the family.

An asset moved to a retirement account held by a member of the family is not considered to be an asset disposed of for less than fair market value.

Social Security Benefits[Notice PIH 2018-24]
The PHA is required to use the gross benefit amount to calculate annual income from Social Security benefits.

Annually in October, the Social Security Administration (SSA) announces the cost-of- living adjustment (COLA) by which federal Social Security and SSI benefits are adjusted to reflect the increase, if any, in the cost of living. The federal COLA does not apply to state-paid disability benefits. Effective the day after the SSA has announced the COLA, PHAs are required to factor in the COLA when determining Social Security and SSI annual income for all annual reexaminations and interim reexaminations of family income that have not yet been completed and will be effective January 1 or later of the upcoming year [Notice PIH 2023-27]. When a family member’s benefits are garnished, levied, or withheld to pay restitution, child support, tax debt, student loan debt, or other debts, the PHA must use the gross amount of the income, prior to the reduction, to determine a family’s annual income.

HACP Policy:

Annual income includes “all amounts received,” not the amount that a family may be legally entitled to receive but which they do not receive. When the SSA overpays an individual, resulting in a withholding or deduction from their benefit amount until the overpayment is paid in full, the PHA will use the reduced benefit amount after deducting only the amount of the overpayment withholding from the gross benefit amount.

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Alimony and Child Support
Annual income includes “all amounts received,” not the amount that a family may be legally entitled to receive but which they do not receive. For example, a family’s child- support or alimony income must be based on payments received, not the amounts to which the family is entitled by court or agency orders [Notice PIH 2023-27].

HACP Policy:

The HACP will count all regular payments of alimony or child support awarded as part of a divorce or separation agreement.

The HACP will count court-awarded amounts for alimony and child support unless the family certifies and the HACP verifies that the payments are not being made.

In order to verify that payments are not being made, the HACP will review child support payments over the last three months.

If payments are being made regularly, the HACP will use the amount received during the last 12 months (excluding any lump sums received). If payments have been made for a period less than 12 months, the HACP will average all payments that have been made.

At new admission or interim recertification, if any lump sum payments were made in the past 12 months, the HACP will determine the likelihood of the family receiving another similar payment within the next 12 months before deciding whether or not this amount will be included in the calculation of annual income.

If the HACP determines and can appropriately verify that the family in all likelihood will not receive a similar payment, then the amount will not be considered when projecting annual income.

If the HACP determines that it is likely that the family will receive a similar payment and can appropriately verify it, the amount will be included when projecting annual income.

If no payments have been made in the past three months and there are no lump sums, the HACP will not include alimony or child support in annual income

6-I.I. NONRECURRING INCOME [24 CFR 5.609(b)(24 and Notice PIH 2023-27)] Nonrecurring income, which is income that will not be repeated beyond the coming year (e.g., 12 months following the effective date of the certification) based on information provided by the family, is excluded from annual income. The PHA may accept a self- certification from the family stating that the income will not be repeated in the coming year. See Chapter 7 for PHA policies related to verification of nonrecurring income.

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Income received as an independent contractor, day laborer, or seasonal worker is not excluded from income as nonrecurring income, even if the source, date, or amount of the income varies.

Income that has a discrete end date and will not be repeated beyond the coming year during the family’s upcoming annual reexamination period will be excluded from a family’s annual income as nonrecurring income. This exclusion does not include unemployment income and other types of periodic payments that are received at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year that can be extended.

Income amounts excluded under this category may include, but are not limited to:

• Nonrecurring payments made to the family or to a third party on behalf of the family to assist with utilities;
• Payments for eviction prevention;
• Security deposits to secure housing;
• Payments for participation in research studies (depending on the duration); and • General one-time payments received by or on behalf of the family.

Nonrecurring income that is excluded under the regulations includes:
• Payments from the U.S. Census Bureau for employment (relating to decennial census or the American Community Survey) lasting no longer than 180 days and not culminating in permanent employment [24 CFR 5.609(b)(24)(i)]. • Direct federal or state payments intended for economic stimulus or recovery [24 CFR 5.609(b)(24)(ii)].
• Amounts directly received by the family as a result of state refundable tax credits or state or federal tax refunds at the time they are received [24 CFR 5.609(b)(24)(iii) and (iv)].
• Gifts for holidays, birthdays, or other significant life events or milestones (e.g., wedding gifts, baby showers, anniversaries) [24 CFR 5.609(b)(24)(v)]. • Non-monetary, in-kind donations, such as food, clothing, or toiletries, received from a food bank or similar organization [24 CFR 5.609(b)(24)(vi)]. When calculating annual income, PHAs are prohibited from assigning monetary value to non-monetary in-kind donations received by the family [Notice PIH 2023-27]. Non-recurring, non- monetary in-kind donations from friends and family are excluded as non-recurring income.
• Lump-sum additions to net family assets, including but not limited to lottery or other contest winnings [24 CFR 5.609(b)(24)(vii)].
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5.615 is provided as Exhibit 6-3. The requirements are summarized below. This rule applies only if a family was receiving HCV assistance at the time the sanction was imposed.

Covered Families
The families covered by 24 CFR 5.615 are those “who receive welfare assistance or other public assistance benefits (‘welfare benefits’) from a State or other public agency (’welfare agency’) 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 such assistance” [24 CFR 5.615(b)]

5.615(b)(2)].

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AT HOME [24 CFR 5.609(b)(19)]
Payments made by or authorized by a state Medicaid agency (including through a managed care entity) or other state or federal agency to an assisted family to enable a member of the assisted family who has a disability to reside in the family’s assisted unit are excluded.

Authorized payments may include payments to a member of the assisted family through state Medicaid-managed care systems, other state agencies, federal agencies or other authorized entities.

The payments must be received for caregiving services a family member provides to enable another member of the assisted family who has a disability to reside in the family’s assisted unit. Payments to a family member for caregiving services for someone who is not a member of the assisted family (such as for a relative that resides elsewhere) are not excluded from income.

Furthermore, if the agency is making payments for caregiving services to the family member for an assisted family member and for a person outside of the assisted family, only the payments attributable to the caregiving services for the caregiver’s assisted family member would be excluded from income.

6-I.L. CIVIL RIGHTS SETTLEMENTS [24 CFR 5.609(b)(25); FR Notice 2/14/23] Regardless of how the settlement or judgment is structured, civil rights settlements or judgments, including settlements or judgments for back pay, are excluded from annual income. This may include amounts received because of litigation or other actions, such as conciliation agreements, voluntary compliance agreements, consent orders, other forms of settlement agreements, or administrative or judicial orders under the Fair Housing Act, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act (Section 504), the Americans with Disabilities Act, or any other civil rights or fair housing statute or requirement.

While these civil rights settlement or judgment amounts are excluded from income, the settlement or judgment amounts will generally be counted toward the family’s net family assets (e.g., if the funds are deposited into the family’s savings account or a revocable trust under the control of the family or some other asset that is not excluded from the definition of net family assets). Income generated on the settlement or judgment amount after it has become a net family asset is not excluded from income. For example, if the family received a settlement or back pay and deposited the money in an interest- bearing savings account, the interest from that account would be income at the time the interest is received.

Furthermore, if a civil rights settlement or judgment increases the family’s net family assets such that they exceed $50,000 (as annually adjusted by an inflationary factor), then income will be imputed on the net family assets pursuant to 24 CFR 5.609(a)(2). If the imputed income, which HUD considers unearned income, increases the family’s 224
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annual adjusted income by 10 percent or more, then an interim reexamination of income will be required unless the addition to the family’s net family assets occurs within the last three months of the family’s income certification period and the PHA or owner chooses not to conduct the examination.

6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME[24 CFR 5.609(b)] Other exclusions contained in 24 CFR 5.609(cb) that have not been discussed earlier in this chapter include the following:
• ReimbursementPayments received for the care of medical expenses foster children or foster adults or state or tribal kinship or guardianship care payments [24 CFR

5.609(cb)(4)])].
• Insurance payments and settlements for personal or property losses, including but not limited to payments through health insurance, motor vehicle insurance, and workers’ compensation [24 CFR 5.609(b)(5)]. However, periodic payments paid at regular intervals (such as weekly, monthly, or yearly) for a period of greater than one year that are received in lieu of wages for workers’ compensation are included in annual income [Notice PIH 2023-27].
• Amounts received by the family that are specifically for, or in reimbursement of, the cost of health and medical care expenses for any family member [24 CFR

5.609(b)(6)].Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a member of the family becoming disabled [24 CFR 5.609(b)(7)].
• Income and distributions from any Coverdell education savings account under Section 530 of the Internal Revenue Code of 1986 or any qualified tuition program under Section 529 of such Code [24 CFR 5.609(b)(10)].
• Income earned by government contributions to, and distributions from, “baby bond” accounts created, authorized, or funded by federal, state, or local government [24 CFR 5.609(b)(10)].
• The special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(b)(11)].
• Payments related to aid and attendance under 38 U.S.C. 1521 to veterans in need of regular aid and attendance [24 CFR 5.609(b)(17)]. This income exclusion applies only to veterans in need of regular aid and attendance and not to other beneficiaries of the payments, such as a surviving spouse [Notice PIH 2023-27]. • Loan proceeds (the net amount disbursed by a lender to or on behalf of a borrower, under the terms of a loan agreement) received by the family or a third party (e.g., proceeds received by the family from a private loan to enable attendance at an educational institution or to finance the purchase of a car) [24 CFR 5.609(b)(20)].

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The loan borrower or co-borrower must be a member of the family for this income exclusion to be applicable [Notice PIH 2023-27].
• Payments received by tribal members as a result of claims relating to the mismanagement of assets held in trust by the United States, to the extent such payments are also excluded from gross income under the Internal Revenue Code or other federal law [24 CFR 5.609(b)(21)]. Generally, payments received by tribal members in excess of the first $2,000 of per capita shares are included in a family’s annual income for purposes of determining eligibility. However, as explained in Notice PIH 2023-27, payments made under the Cobell Settlement, and certain per capita payments under the recent Tribal Trust Settlements, must be excluded from annual income in HUD programs that adopt the definitions of annual income in 24 CFR 5.609, the Census Long Form, and the IRS Form 1040, including the programs affected by Notice PIH 2023-27.
• Replacement housing “gap” payments made in accordance with 49 CFR Part 24 that offset increased out of pocket costs of displaced persons that move from one federally subsidized housing unit to another federally subsidized housing unit. Such replacement housing “gap” payments are not excluded from annual income if the increased cost of rent and utilities is subsequently reduced or eliminated, and the displaced person retains or continues to receive the replacement housing “gap” payments [24 CFR 5.609(b)(23)].
• Income earned on amounts placed in a family’s Family Self-Sufficiency account [24 CFR 5.609(b)(27)].
• Amounts received by participants in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred e.g., special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program [24 CFR 5.609(c)(8)(iii)]i)(12)(ii)]. • Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS) [(24 CFR

5.609(c)(8)(ii)]b)(12)(i)].
• Amounts received under a resident service stipend not to exceed $200 per month. A resident service stipend is a modest amount received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development [24 CFR 5.600(b)(12)(iii)].

Incremental earnings and benefits to any family member resulting from participation in qualifying training program funded by HUD or in qualifying federal, state, tribal, or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff are excluded from annual income. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives and are excluded only for the period during which the family member participates in the training Formatted: No underline
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program unless those amounts are excluded under 24 CFR 5.609(b)(9)(i) [24 CFR

5.609(b)(12)(iv)].

HACP Policy:

The HACP defines training program as “a learning process with goals and objectives, generally having a variety of components, and taking place in a series of sessions over a period of time. It is designed to lead to a higher level of proficiency, and it enhances the individual’s ability to obtain employment. It may have performance standards to measure proficiency. Training may include but is not limited to: (1) classroom training in a specific occupational skill, (2) on-the-job training with wages subsidized by the program, or (3) basic education” [expired Notice PIH 98-2, p. 3].

The HACP defines incremental earnings and benefits as the difference between (1) the total amount of welfare assistance and earnings of a family member prior to enrollment in a training program and (2) the total amount of welfare assistance and earnings of the family member after enrollment in the program [expired Notice PIH 98-2, pp. 3–4].

In calculating the incremental difference, the PHA will use as the pre- enrollment income the total annualized amount of the family member’s welfare assistance and earnings reported on the family’s most recently completed HUD-50058.

End of participation in a training program must be reported in accordance with the PHA’s interim reporting requirements (see Chapter 11). • Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era [24 CFR 5.609(c)(10b)(13)]
• Adoption assistance payments for a child in excess of $480the amount of the dependent deduction per adopted child [24 CFR 5.609(c)(12b)(15)] • Refunds or rebates on property taxes paid on the dwelling unit [24 CFR

5.609(c)(15b)(20)]
• Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)]
• Amounts specifically excluded by any other federal statute [24 CFR 5.609(c)(17), FR Notice 5/20/14]. Amounts that HUD is required by federal statute to exclude from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(b) apply. HUD will publish a notice in the Federal Register to identify the benefits that qualify for this exclusion. Updates will be published when necessary.

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• HUD publishes an updated list of these exclusions periodically. The most recent list of exclusions was published in the Federal Register on May 20, 2014. It includes:
(a) The value of the allotment provided to an eligible household under the Food Stamp Act of 1877 (7 U.S.C. 2017 (b))
(b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of 1866, including WIC
(c) Payments to volunteers under the Domestic Volunteer Services Act of 1873 (42 U.S.C. 5044(g), 5058)
(d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c))
(e) Income derived from certain sub-marginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 459e)
(f) Payments or allowances made under the Department of Health and Human Services’ Low-Income Home Energy Assistance Program (42 U.S.C. 8624(f)) (g) Payments received under programs funded in whole or in part under the Workforce Investment Act of 1898 (29 U.S.C. 2931)
(h) Deferred disability benefits from the Department of Veterans Affairs, whether received as a lump sum or in monthly prospective amounts (i) Income derived from the disposition of funds to the Grand River Band of Ottawa Indians (Pub. L. 94-540, 90 Stat. 2503-04)
(j) Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1890 (25 U.S.C. 1774f(b)) (k) A lump sum or periodic payment received by an individual Indian pursuant to the Class Action Settlement Agreement in the United States District Court case entitled Elouise Cobell et al. v. Ken Salazar et al., for a period of one year from the time of receipt of that payment as provided in the Claims Resolution Act of 2010
(l) The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U. S. Claims Court, the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held in such trust or restricted lands (25 U.S.C. 1407-1408) (m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to Native American housing programs)
(n) Payments received from programs funded under Title V of the Older Americans Act of 1885 (42 U.S.C. 3056(f))
(o) Payments received on or after January 1, 1889, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in In Re Agent Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.) (p) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans born with spinal bifida, children of women Vietnam veterans born with certain birth defects, and children of certain Korean service veterans born with spinal bifida
(q) Payments received under the Maine Indian Claims Settlement Act of 1880 (25 U.S.C. 1721)
(r) The value of any childcare provided or arranged (or any amount received as 228
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payment for such care or reimbursement for costs incurred for such care) under the Childcare and Development Block Grant Act of 1890 (42 U.S.C. 9858q) (s) Earned income tax credit (EITC) refund payments received on or after January 1, 1891 (26 U.S.C. 32(j))
(t) Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation (Pub. L. 95-433)
(u) Amounts of scholarships funded under Title IV of the Higher Education Act of 1865j, including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section 8 programs, the exception found in § 237 of Public Law 109–249 applies and requires that the amount of financial assistance in excess of tuition and mandatory fees shall be considered income in accordance with the provisions codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109–249) (See Section 6-I.L. for exceptions.)
(v) Allowances, earnings and payments to AmeriCorps participants under the National and Community Service Act of 1890 (42 U.S.C. 12637(d)) (w) Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602)
(x) Any amounts in an "individual development account" as provided by the Assets for Independence Act, as amended in 2002
(y) Payments made from the proceeds of Indian tribal trust cases as described in Notice PIH 2013–30, "Exclusion from Income of Payments under Recent Tribal Trust Settlements" (25 U.S.C. 117b(a))
(z) Major disaster and emergency assistance received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and comparable disaster assistance provided by states, local governments, and disaster assistance organizations

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(aa) Distributions from an ABLE account, and actual or imputed interest on the ABLE account balance [See also Notice PIH 2019-09]

PART II: ADJUSTED INCOMEASSETS
6-II.A. INTRODUCTION
Overview
Annual income includes all actual anticipated income from assets (unless otherwise excluded by the regulations) even if the asset itself is excluded from net family assets [Notice PIH 2023-27].

The regulation at 24 CFR 5.603(b)(3) provides a list of items that are excluded from the calculation of net family assets. Note, unlike previous versions of the regulations, the current regulations do not list types of assets that are included in annual income.

Instead, HUD relies on the definition of items excluded from assets to provide the scope of what is included. Exhibit 6-2 provides the regulatory definition of net family assets.

Optional policies for family self-certification of assets are found in Chapter 7. Policies related to the asset limitation may be found in Chapter 3.

Income from assets is always anticipated, irrespective of the income examination type.

HACP Policy:

The HACP generally will use current circumstances to determine both the value of an asset and the anticipated income from the asset. The HACP will use other than current circumstances to anticipate income when (1) an imminent change in circumstances is expected, (2) it is not feasible to anticipate a level of income over 12 months, or (3) the HACP believes that past income is the best indicator of anticipated income. For example, if a family member owns real property that Formatted: Indent: Left: 0.25", Hanging: 0.31"
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typically receives rental income, but the property is currently vacant, the HACP can take into consideration past rental income along with the prospects of obtaining a new tenant.

Any time current circumstances are not used to determine asset income, a clear rationale for the decision will be documented in the file. In such cases the family may present information and documentation to the HACP to show why the asset income determination does not represent the family’s anticipated asset income.

6-II.B. ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE [24 CFR 5.603(b)(2)]
PHAs must include the value of any business or family assets disposed of by an applicant or participant 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 or reexamination, as applicable, in excess of the consideration received for the asset.

An asset moved to a retirement account held by a member of the family is not considered to be an asset disposed of for less than fair market value. [Notice PIH 2023- 27].

Minimum Threshold
The HCV Guidebook permits the PHA to set a threshold below which assets disposed of for less than fair market value will not be counted [HCV GB, p. 5-27].

HACP Policy:

The PHA will not include the value of assets disposed of for less than fair market value unless the cumulative fair market value of all assets disposed of during the past two years exceeds the gross amount received for the assets by more than $1,000.

Separation or Divorce
The regulation also specifies that assets are not considered disposed of for less than fair market value if they are disposed of as part of a separation or divorce settlement and the applicant or tenant receives important consideration not measurable in dollar terms.

HACP Policy:

Foreclosure or Bankruptcy
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Assets are not considered disposed of for less than fair market value when the disposition is the result of a foreclosure or bankruptcy sale. 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.

Asset Owned by a Business Entity
If a business entity (e.g., limited liability company or limited partnership) owns the asset, then the family’s asset is their ownership stake in the business, not some portion of the business’s assets. However, if the family holds the assets in their own name (e.g., they own one third of a restaurant) rather than in the name of a business entity, then the percentage value of the asset owned by the family is what is counted toward net family assets (e.g., one-third of the value of the restaurant) [Notice PIH 2023-27].

Family Declaration
HACP Policy:

Families must sign a declaration form at initial certification and each annual recertification identifying all assets that have been disposed of for less than fair market value or declaring that no assets have been disposed of for less than fair market value. The PHA may verify the value of the assets disposed of if other information available to the PHA does not appear to agree with the information reported by the family.

6-II.C. ASSET INCLUSIONS AND EXCLUSIONS
Checking and Savings Accounts [Notice PIH 2023-27]

HUD considers bank accounts as non-necessary items of personal property. Whether or not necessary personal property is counted toward net family assets depends on the combined value of all of the family’s assets.
• When the combined value of net family assets is greater than $50,000, as adjusted by inflation, checking and/or savings accounts would be counted toward net family assets.
• When the combined value of all non-necessary personal property does not exceed $50,000, as adjusted by inflation, all non-necessary personal property is excluded from net family assets. In this case, the value of the family’s checking and/or savings accounts would not be considered when calculating net family assets.

However, actual income from checking and savings accounts is always included in a family’s annual income, regardless of the total value of net family assets or whether the asset itself is included or excluded from net family assets, unless that income is specifically excluded.

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An Achieving a Better Life Experience (ABLE) account is a type of tax-advantaged savings account that an eligible individual can use to pay for qualified disability expenses. Section 103 of the ABLE Act mandates that an individual’s ABLE account (specifically, its account balance, contributions to the account, and distributions from the account) is excluded when determining the designated beneficiary’s eligibility and continued occupancy under certain federal means-tested programs. The PHA must exclude the entire value of the individual’s ABLE account from the household’s assets.

Distributions from the ABLE account are also not considered income. However, all wage income received, regardless of which account the money is paid to, is included as income.

Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds [24 CFR 5.603(b)(1)]
HUD considers financial investments such as stocks and bonds non-necessary items of personal property. Whether non-necessary personal property is counted toward net family assets depends on the combined value of all of the family’s assets. • When the combined value of net family assets is greater than $50,000, as adjusted by inflation, financial investments such as stocks and bonds are considered part of net family assets. In this case, the value of the family’s checking and/or savings accounts would be counted toward net family assets.
• When the combined value of all non-necessary personal property does not exceed $50,000, as adjusted by inflation, all non-necessary personal property is excluded from net family assets. In this case, the value of the family’s financial investments such as stocks and bonds would not be considered when calculating net family assets.

However, actual income from financial accounts is always included in a family’s annual income, regardless of the total value of net family assets or whether the asset itself is included or excluded from net family assets, unless that income is specifically excluded.

When a stock issues dividends in some years but not others (e.g., due to market performance), the dividend is counted as the actual return when it is issued, but when no dividend is issued, the actual return is $0. When the stock never issues dividends, the actual return is $0.

HACP Policy:

The HACP will include interest or dividends earned by investment accounts as actual income from assets even when the earnings are reinvested.

The cash value of such an asset is determined by deducting from the market value any broker fees, penalties for early withdrawal, or other costs of converting the asset to cash.

In determining the market value of an investment account, the HACP will use the value of the account on the most recent investment report.

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Necessary and Non-Necessary Personal Property [24 CFR 5.603(b)(3)(i)] All assets are categorized as either real property (e.g., land, a home) or personal property.

Personal property includes tangible items, like boats, as well as intangible items, like bank accounts.

The value of necessary items of personal property is excluded from the calculation of net family assets. Necessary items of person property include a car used for commuting or medical devices.

HUD defines necessary personal property as items essential to the family for the maintenance, use, and occupancy of the premises as a home; or they are necessary for employment, education, or health and wellness. Necessary personal property includes more than merely items that are indispensable to the bare existence of the family. It may include personal effects (such as items that are ordinarily worn or utilized by the individual), items that are convenient or useful to a reasonable existence, and items that support and facilitate daily life within the family’s home. Necessary personal property also includes items that assist a household member with a disability, including any items related to disability-related needs, or that may be required for a reasonable accommodation for a person with a disability. Necessary personal property does not include bank accounts, other financial investments, or luxury items. Items of personal property that do not qualify as necessary personal property are classified as non- necessary personal property.

The combined value of all non-necessary items of personal property is only included in annual income when the combined total value exceeds $50,000 (adjusted annually by HUD). When the combined value of all non-necessary personal property does not exceed $50,000, as adjusted by inflation, all non-necessary personal property is excluded from net family assets.

While not an exhaustive list, the following table from Notice PIH 2023-27 provides examples of necessary and non-necessary personal property. (See grid next page)

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Necessary Personal Property Non-Necessary Personal Property Car(s)/vehicle(s) that a family relies on for
transportation for personal or business use
(e.g., bike, motorcycle, skateboard, scooter)

Furniture, carpets, linens, kitchenware

Common appliances

Common electronics (e.g., radio, television,
DVD player, gaming system)
Clothing

Personal effects that are not luxury items
(e.g., toys, books)

Wedding and engagement rings
Jewelry used in religious/cultural
celebrations and ceremonies

Religious and cultural items

Medical equipment and supplies
Health care–related supplies

Musical instruments used by the family

Personal computers, phones, tablets, and
related equipment

Professional tools of trade of the family, for
example professional books

Educational materials and equipment used
by the family, including equipment to
accommodate persons with disabilities

Equipment used for exercising (e.g.,
treadmill, stationary bike, kayak,
paddleboard, ski equipment)
Recreational car/vehicle not needed for day-
to-day transportation for personal or business
use (campers, motorhomes, traveling trailers,
all-terrain vehicles (ATVs))

Bank accounts or other financial investments
(e.g., checking account, savings account,
stocks/bonds)

Recreational boat/watercraft

Expensive jewelry without religious or cultural
value, or which does not hold family
significance

Collectibles (e.g., coins/stamps)

Equipment/machinery that is not used to
generate income for a business

Items such as gems/precious metals, antique
cars, artwork, etc.

HACP Policy:

In determining the value of non-necessary personal property, the HACP will use the family’s estimate of the value. The HACP may obtain an appraisal if there is reason to believe that the family’s estimated value is off by $50 or more. The family must cooperate with the appraiser but cannot be charged any costs related to the appraisal.

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Lump-Sum Additions to Net Family Assets [24 CFR 5.609(b)(24(viii); Notice PIH 2023-27]
The regulations exclude income from lump-sum additions to family assets, including lottery or other contest winnings as a type of nonrecurring income.

In addition, lump sums from insurance payments, settlements for personal or property losses, and recoveries from civil actions or settlements based on claims of malpractice, negligence, or other breach of duty owed to a family member arising out of law that resulted in a member of the family becoming a family member with a disability are excluded from income.

Further, deferred periodic amounts from Supplemental Security Income (SSI) and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts are also excluded from income.

However, these amounts may count toward net family assets. The PHA must consider any actual or imputed returns from assets as income at the next applicable income examination. In the case where the lump sum addition to assets would lead to imputed income, which is unearned income, that increases the family’s annual adjusted income by 10 percent or more, then the addition of the lump sum to the family’s assets will trigger an immediate interim reexamination of income in accordance with Chapter 11.

This reexamination of income must take place as soon as the lump sum is added to the family’s net family assets unless the addition takes place in the last three months of family’s income certification period and the PHA chooses not to conduct the examination.

For a discussion of lump-sum payments that represent the delayed start of a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.

HACP Policy:

Any lump-sum receipts are only counted as assets if they are retained by a family in a form recognizable as an asset. [RHIIP FAQs]. For example, if the family receives a $1,000 lump sum for lottery winnings, and the family immediately spends the entire amount, the lump sum will not be counted toward net family assets.

Jointly Owned Assets [Notice PIH 2023-27]
For assets owned jointly by the family and one or more individuals outside of the assisted family, the PHA must include the total value of the asset in the calculation of net family assets, unless:
• The asset is otherwise excluded;
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• The family cannot dispose of any portion of the asset without the consent of another owner who refuses to comply.

If the family demonstrates that they can only access a portion of an asset, then only that portion’s value is included in the calculation of net family assets for the family.

Any income from a jointly owned asset must be included in annual income, unless:
• The income is specifically excluded;
• The family demonstrates that they do not have access to the income from that asset; or
• The family only has access to a portion of the income from that asset.

If the family demonstrates that they can only access a portion of the income from an asset, then only that portion’s value is included in the calculation of income from assets.

If an individual is a beneficiary who is entitled to access the account’s funds only upon the death of the account’s owner, and may not otherwise withdraw funds from an account, then the account is not an asset to the assisted family, and the family should provide proper documentation demonstrating that they are only a beneficiary on the account.

Trusts [24 CFR 5.609(b)(2) and 5.603(b)(4)]
A trust is a legal arrangement generally regulated by state law in which one party (the creator or grantor) transfers property to a second party (the trustee) who holds the property for the benefit of one or more third parties (the beneficiaries).

The following types of trust distributions are excluded from annual income:
• Distributions of the principal or corpus of the trust; and • Distributions of income from the trust when the distributions are used to pay the costs of health and medical care expenses for a minor.

The basis for determining how to treat trusts relies on information about who has access to either the principal in the account or the income from the account. There are two types of trusts, revocable and irrevocable.

When the creator sets up an irrevocable trust, the creator has no access to the funds in the account. Irrevocable trusts not under the control of any member of the family or household are not assets. Typically, special needs trusts are considered irrevocable.

The value of the trust is not included in net family assets, so long as the fund continues to be held in a trust that is not revocable by, or under the control of, any member of the family or household [24 CFR 5.603(b)(4)]. Where an irrevocable trust is excluded from net family assets, the PHA must not consider actual income earned by the trust (e.g., interest earned, rental income if property is held in the trust) for so long as the income from the trust is not distributed. If the value of the trust is not considered part of the family’s net assets, then distributions from the trust are treated as follows:

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• All distributions from the trust’s principal are excluded from income. • Distributions of income earned by the trust (i.e., interest, dividends, realized gains, or other earnings on the trust’s principal), are included as income unless the distribution is used to pay for the health and medical expenses for a minor.

A revocable trust is a trust that the creator of the trust may amend or end (revoke).

When there is a revocable trust, the creator has access to the funds in the trust account.

The value of revocable trusts that are not under the control of the family are excluded from net family assets. This happens when a member of the assisted family is the beneficiary of a revocable trust, but the grantor is not a member of the assisted family.

In this case the beneficiary does not “own” the revocable trust, and the value of the trust is excluded from net family assets. For the revocable trust to be considered excluded from net family assets, no family or household member may be the account’s trustee. If this is the case, then distributions from the trust are treated as follows:
• All distributions from the trust’s principal are excluded from income. • Distributions of income earned by the trust (i.e., interest, dividends, realized gains, or other earnings on the trust’s principal), are included as income unless the distribution is used to pay for the health and medical expenses for a minor.

Revocable trusts under the control of the family or household (e.g., the grantor is a member of the assisted family or household) are considered assets and must be included in net family assets.

If the value of the trust is considered part of the family’s net assets, then distributions from the trust are not considered income to the family. The PHA must count all actual returns (e.g., interest earned) from the trust as income or, if the trust has no actual returns (e.g., if the trust is comprised of farmland that is not in use) and the total value of the combined net family assets exceeds $50,000 (as that amount is updated for inflation), as imputed returns, as applicable.

Life Insurance [FR Notice 2/14/23 and Notice PIH 2023-27] Net family assets do not include the value of term life insurance, which has no cash value to the individual before death.

The cash value of a life insurance policy available to a family member before death, such as a whole life or universal life policy, is included in the calculation of the value of the family’s assets. The cash value is the surrender value. While the cash value of an insurance policy is considered an asset, the face value of any policy is not. If such a policy earns dividends or interest that the family could elect to receive, the amount of dividends or interest is counted as income from the asset whether or not the family actually receives it.

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Tax Refunds [24 CFR 5.603(b)(3)(xi) and Notice PIH 2023-27] All amounts received by a family in the form of federal tax refunds or refundable tax credits are excluded from a family’s net family assets for a period of 12 months after receipt by the family.

At the time of an annual or interim reexamination of income, if the federal tax refund was received during the 12 months preceding the effective date of the reexamination, then the amount of the refund that was received by the family is subtracted from the total value of the account in which the federal tax refund or refundable tax credits were deposited. When the subtraction results in a negative number, then the balance of the asset is considered $0.

If the tax refund or refundable tax credit is deposited into another excluded asset, such as a retirement account or a Coverdell Education Savings Account, then the deposit will have no effect on the balance of the asset (i.e., there is no need for the PHA to subtract the amount of the deposit from the value of the excluded asset).

Asset Exclusions [24 CFR 5.603(b)]
The following are excluded from the calculations of net family assets:
• The value of any account under a retirement plan recognized as such by the IRS, including individual retirement arrangements (IRAs), employer retirement plans, and retirement plans for self-employed individuals [24 CFR 5.603(b)(3)(iii)]. • The value of real property that the family does not have the effective legal authority to sell in the jurisdiction in which the property is located [24 CFR 5.603(b)(3)(iv)]. - Real property as used in this part has the same meaning as that provided under the law of the state in which the property is located [24 CFR 5.100]. - Examples of this include but are not limited to co-ownership situations (including situations where one owner is a victim of domestic violence), where one party cannot unilaterally sell the real property; property that is tied up in litigation; and inherited property in dispute [Notice PIH 2023-27].
• Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a family member being a person with a disability [24 CFR

5.603(b)(3)(v)];
• The value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986 [24 CFR 5.603(b)(3)(vi)]; • The value of any qualified tuition program under Section 529 of such Code [24 CFR

5.603(b)(3)(vi)];
• The value of any “baby bond” account created, authorized, or funded by federal, state, or local government [24 CFR 5.603(b)(3)(vi)];
• Interests in Indian trust land [24 CFR 5.603(b)(3)(vii)]; 239
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• Equity in a manufactured home where the family receives assistance under 24 CFR part 982 [24 CFR 5.603(b)(3)(viii)];
• Equity in property under the Homeownership Option for which a family receives assistance under 24 CFR part 982 [24 CFR 5.603(b)(3)(ix)]; • Family Self-Sufficiency accounts [24 CFR 5.603(b)(3)(x)]; • Federal tax refunds or refundable tax credits for a period of 12 months after receipt by the family [24 CFR 5.603(b)(3)(xi)].
• The full amount of assets held in an irrevocable trust [Notice PIH 2023-27]; and • The full amount of assets held in a revocable trust where a member of the family is the beneficiary, but the grantor/owner and trustee of the trust is not a member of the participant family or household [Notice PIH 2023-27].

6-II.D. DETERMINING INCOME FROM ASSETS
In some cases, amounts that are excluded from net family assets may be included as annual income when disbursements are made to a family from an asset. In other cases, amounts are excluded from annual income as a lump-sum addition to net family assets, but those funds are then considered a net family asset if held in an account or other investment that is considered part of net family assets [Notice PIH 2023-27].

Net Family Assets
Net family assets are defined as the net cash value of all assets owned by the family, after deducting reasonable costs that would be incurred in disposing real property, savings, stocks, bonds, and other forms of capital investment.

HACP Policy:

The calculation of asset income sometimes requires the PHA to make a distinction between an asset’s market value and its cash value.
• The market value of an asset is its worth in the market (e.g., the amount a buyer would pay for real estate or the total value of an investment account). • The cash value of an asset is its market value less all reasonable amounts that would be incurred when converting the asset to cash.

The cash value of real property or other assets with negative equity would be considered $0 for the purposes of calculating net family assets. Negative equity in real property or other investments does not prohibit the family from selling the property or other investments, so negative equity alone would not justify excluding the property or Formatted: Line spacing: Multiple 1.15 li
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other investments from family assets [Notice PIH 2023-27].

Actual Income from Assets
Income from assets must be included on the Form HUD-50058 regardless of the amount of income. Actual income from assets is always included in a family’s annual income, regardless of the total value of net family assets or whether the asset itself is included or excluded from net family assets, unless that income is specifically excluded by 24 CFR 5.609(b).

Income or returns from assets are generally considered to be interest, dividend payments, and other actual income earned on the asset, and not the increase in market value of the asset. The increase in market value is relevant to the cash value of the asset for the purpose of determining total net family assets and imputing income.

The PHA may determine the net assets of a family based on a self-certification by the family that the net family assets do not exceed $50,000 (adjusted annually by HUD), without taking additional steps to verify the accuracy of the declaration [24 CFR

5.618(b)]. Policies related to verification of assets are found in Chapter 7 of this policy.

The PHA may not calculate or include any imputed income from assets when net family assets total $50,000 or less [24 CFR 5.609(b)(1)]. The actual income from assets must be included on the Form HUD-50058.

Imputed Income from Assets
When net family assets exceed $50,000 (adjusted annually by HUD), the PHA may not rely on self-certification. If actual returns can be calculated, the PHA must include actual income from the asset on the Form HUD-50058 (for example, a savings account or CD where the rate of return is known). If actual returns cannot be calculated, the PHA must calculate imputed returns using the HUD-determined passbook rate (for example, real property or a non-necessary item of personal property such as a recreational boat). If the PHA can compute actual income from some but not all assets, the PHA must compute actual returns where possible and use the HUD-determined passbook rate for assets where actual income cannot be calculated [24 CFR 5.609(a)(2)].

An asset with an actual return of $0 (such as a non-interest-bearing checking account), is not the same as an asset for which an actual return cannot be computed (such as non-necessary personal property). If the asset is a financial asset and there is no income generated (for example, a bank account with a zero percent interest rate or a stock that does not issue cash dividends), then the asset generates zero actual asset income, and imputed income is not calculated. When a stock issues dividends in some years but not others (e.g., due to market performance), the dividend is counted as the actual return when it is issued, and when no dividend is issued, the actual return is $0.

When the stock never issues dividends, the actual return is consistently $0.

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PART
III: ADJUSTED INCOME
6-III.A. INTRODUCTION
Overview
HUD regulations require PHAs to deduct from annual income any of five mandatory deductions for which a family qualifies. and allow the PHA to deduct other permissive deductions in accordance with PHA policy. The resulting amount is the family’s adjusted income. Mandatory deductions are found in 24 CFR 5.611.

5.611 Adjusted income means annual income (as determined under § 5.609) of the members of the family residing or intending to reside in the dwelling unit, after making the following deductions:
(a) Mandatory deductions. In determining adjusted income, the responsible entity [PHA] must deduct the following amounts from annual income:
(1) $480 for each dependent, (adjusted annually by HUD, rounded to the next lowest multiple of $25);
(2) $400525 for any elderly family or disabled family, (adjusted annually by HUD, rounded to the next lowest multiple of $25);
(3) The sum of the following, to the extent the sum exceeds threeten percent of annual income:
(i) Unreimbursed health and medical care expenses of any elderly family or disabled family,;
(ii) Unreimbursed reasonable attendant care and auxiliary apparatus expenses for each member of the family who is a person with disabilities, to the extent necessary to enable any member of the family (including the member who is a person with disabilities) to be employed. This deduction may not exceed the earned income received by family members who are 18 years of age or older and who are able to work because of such attendant care or auxiliary apparatus; and
(4) Any reasonable childcare expenses necessary to enable a member of the family to be employed or to further his or her education.

This part covers policies related to these mandatory deductions. Verification requirements related to these deductions are found in Chapter 7.

Anticipating Expenses

HACP Policy:

Generally, the HACP will use current circumstances to anticipate expenses.

When possible, for costs that are expected to fluctuate during the year (e.g. childcare during school and non-school periods and cyclical medical expenses), the HACP will estimate costs based on historic data and known future costs.

If a family has an accumulated debt for medical or disability assistance Formatted: Font: Bold, Font color: Auto
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expenses, the HACP will include as an eligible expense the portion of the debt that the family expects to pay during the period for which the income determination is being made. However, amounts previously deducted will not be allowed even if the amounts were not paid as expected in a preceding period.

The HACP may require the family to provide documentation of payments made in the preceding year.

When calculating health and medical care expenses, the PHA will include those expenses anticipated to be incurred during the 12 months following the certification date which are not covered by an outside source, such as insurance.

The allowance is not intended to give a family an allowance equal to last year’s expenses, but to anticipate regular ongoing and anticipated expenses during the coming year. Since these expenses are anticipated, the PH Occupancy Guidebook states “it is likely that actual expenses will not match what was anticipated. Typically, this would not be considered an underpayment as long as at the time of the annual reexamination, the expenses were calculated based on the appropriate verification” [New PH OCC GB, Income Determinations, p. 30].

For annual reexaminations, the PHA will use information for the previous 12- month period.

6-II.B. DEPENDENT DEDUCTION
An allowance of $480 is deducted from annual income for each dependent [24 CFR

5.611(a)(1)].(which amount will be adjusted by HUD annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25) [24 CFR 5.611(a)(1)]. Dependent is defined as any family member other than the head, spouse, or cohead who is under the age of 18 or who is 18 or older and is a person with disabilities or a full-time student. Foster children, foster adults, and live-in aides are never considered dependents [24 CFR 5.603(b)]. 6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION
A single deduction of $400525 is taken for any elderly or disabled family (which amount will be adjusted by HUD annually in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers, rounded to the next lowest multiple of $25) [24 CFR 5.611(a)(2)]. An elderly family is a family whose head, spouse, cohead, or sole member is 62 years of age or older, and a disabled family is a family whose head, spouse, cohead, or sole member is a person with disabilities [24 CFR 5.403]. 6-IIIII.D. HEALTH AND MEDICAL CARE EXPENSES DEDUCTION [24 CFR

5.611(a)(3)(i) and 5.603(b)]
Unreimbursed medical expenses may be deducted to the extent that, in combination with any disability assistance expenses, they exceed threeten percent of annual income.

The medical expenseThis deduction is permitted only for families in which the head, spouse, or cohead is at least 62 or is a person with disabilities. If a family is eligible for a medical expense deduction, the medical expenses of all family members are counted Formatted: Font: Times New Roman, 10 pt, Not Bold
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[VG, p. 28].

Definition of Medical Expenses
HUD regulations define health and medical care expenses at 24 CFR 5.603(b) to mean “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, including include medical insurance premiums, and long-term care premiums that are paid or anticipated during the period for which annual income is computed, and that are not covered by .” Medical insurance.” premiums continue to be eligible health and medical care expenses. Health and medical care expenses may be deducted from annual income only if they are eligible and not otherwise reimbursed and may only be deducted for elderly or disabled families.

Although HUD revised the definition of health and medical care expenses to reflect the Internal Revenue Service (IRS) general definition of medical expenses, HUD is not permitting PHAs to specifically align their policies with IRS Publication 502 for determining which expenses are included in HUD’s mandatory deduction for health and medical care expenses. PHAs must review each expense to determine whether it is eligible in accordance with HUD’s definition of health and medical care expenses.

HACP Policy:

The most current IRS Publication 502, Medical and Dental Expenses, will be used as a reference to determine the costs that qualify as medical expenses.

Summary of Allowable Medical Expenses from IRS Publication 502 Services of medical professionals
Surgery and medical procedures that
are necessary, legal, non-cosmetic
Services of medical facilities
Hospitalization, long-term care, and
in-home nursing services
Prescription medicines and insulin,
but not nonprescription medicines
even if recommended by a doctor
Improvements to housing directly
related to medical needs (e.g., ramps
for a wheel chair, handrails)
Substance abuse treatment
programs
Psychiatric treatment
Ambulance services and some costs
of transportation related to medical
expenses
The cost and care of necessary
equipment related to a medical
condition (e.g., eyeglasses/lenses,
hearing aids, crutches, and artificial
teeth)
Cost and continuing care of
necessary service animals
Medical insurance premiums or the
cost of a health maintenance
organization (HMO)
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Note: This chart provides a summary of eligible medical expenses only.

Detailed information is provided in IRS Publication 502. Medical expenses are considered only to the extent they are not reimbursed by insurance or some other source.

Families That Qualify for Both Health And Medical and Disability Assistance Expenses

HACP Policy:

This policy applies only to families in which the head, spouse, or cohead is 62 or older or is a person with disabilities.

When expenses anticipated by a family could be defined as either a health and medical care or disability assistance expenses, the HACP will consider them health and medical expenses unless it is clear that the expenses are incurred exclusively to enable a person with disabilities to work.

6-IIIII.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)]
ReasonableUnreimbursed reasonable expenses for attendant care and auxiliary apparatus for a disabledeach member of the family memberwho is a person with disabilities may be deducted if they: (1) are necessary to enable a family member 18 years or older to work, (2) are not paid to a family member or reimbursed by an outside source, (3) in combination with any medical expenses, exceed threeten percent of annual income, and (4) do not exceed the earned income received by the family member who is enabled to work.

Pittsburg City CouncilApril 15, 2024

Pittsburg City Council
April 15, 2024