CITY OF POMONA
COUNCIL REPORT
September 12, 2022
To: Honorable Mayor and Members of the City Council sitting as the Governing Board for the Pomona Housing Authority From: James W. Makshanoff, Executive Director
Submitted By: Benita DeFrank, Neighborhood Services Director SUBJECT: APPROVE THE CITY OF POMONA HOUSING AUTHORITY’S FY 2022-23 ANNUAL PLAN AND THE REVISED ADMINISTRATIVE PLAN FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RECOMMENDATION:
It is recommended that the City Council, sitting as the Governing Board of the City of Pomona Housing Authority, take the following actions:
Conduct a Public Hearing for the City of Pomona Housing Authority’s Annual Plan for FY 2022-23 and Administrative Plan to receive testimony and comments; and, Adopt the following resolution:
RESOLUTION NO. 2022-164 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA SITTING AS THE GOVERNING BOARD OF THE POMONA HOUSING AUTHORITY, APPROVING THE PUBLIC HOUSING AGENCY CERTIFICATION OF CONSISTENCY WITH THE CONSOLIDATED PLAN, THE CERTIFICATION OF COMPLIANCE WITH THE PUBLIC HOUSING AUTHORITY ANNUAL PLAN AND MOVING TO WORK (MTW) SUPPLEMENT TO THE ANNUAL PLAN AND SUBMISSION OF THE REVISED POMONA HOUSING AUTHORITY ADMINISTRATIVE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). (Attachment No. 1) EXECUTIVE SUMMARY:
The Quality Housing and Work Responsibility Act of 1998 (QHWRA) requires Public Housing Agencies (PHA) administering the Housing Choice Voucher program to develop a PHA Plan. There are two parts to the plan: a Five-Year Plan submitted once every fifth PHA fiscal year and an Annual Plan that is submitted to HUD every year. The Five-Year and Annual Plans provide a ready source for interested parties to locate basic public housing agency policies and requirements concerning operations and services.
In addition, in accordance with 24 CFR 982.54, HUD requires each PHA overseeing a Housing Choice Voucher program to periodically update and adopt a written Administrative Plan that is in compliance with HUD’s approach to monitoring and policy development. The Administrative Plan establishes local policies for administration of the program in accordance with HUD requirements.
The administrative plan must be in accordance with HUD regulations and requirements. The administrative plan is a supporting document to the PHA plan and must be available for public review. The PHA must revise the administrative plan if needed to comply with HUD requirements.
FISCAL IMPACT:
There is no fiscal impact with this action.
PUBLIC NOTICING REQUIREMENTS:
The Housing Authority must publish a notice informing the public that the Annual Plan and Administrative Plan are available for review. A 45-day period is required to allow for public comment on these documents. A notice of public hearing was published on July 28, 2022 in the Inland Valley Daily Bulletin. (Attachment No. 8) PREVIOUS RELATED ACTION:
On March 15, 2021, the City Council conducted a public hearing and adopted a resolution of the FY 2021-22 Annual Plan. On October 18, 2021, the City Council approved the PHA’s MTW Supplement to the Annual PHA Plan.
DISCUSSION:
The Pomona Housing Authority (Housing Authority) has been in operation since 1993 as a Public Housing Agency (PHA), receiving funding from HUD to provide rental assistance through the Housing Choice Voucher program to qualified lower income individuals and families within the boundaries of the City of Pomona.
Currently the Housing Authority serves over 1,000 families per month and has 2,608 applicants on the waiting list, which was last opened in 2021. Staff anticipates opening up the waiting list again within FY 2026-27. In addition to the Housing Choice Voucher program, the Housing Authority also administers Family Self-Sufficiency (FSS), Mainstream, Veterans Affairs Supportive Housing (VASH), Foster Youth to Independence (FYI), Emergency Housing and Permanent Supportive Housing (PSH) programs. There are 47 participants enrolled in the FSS program working toward mainstream housing placement and self-sufficiency, 33 non-elderly disabled families in the Mainstream Program, 45 disabled Veterans in the VASH program, 3 Foster Youth families in the Foster Youth program, 41 Homeless Families in the Emergency Housing Voucher Program and 86 families with disabilities in the PSH program receiving rental assistance along with supportive services.
HUD Public Housing Agency Requirements
To be in good standing with HUD and have the ability to continue providing rental assistance through the Housing Choice Voucher program, the Housing Authority must meet HUD’s requirements. There are two policy and planning documents related to the Housing Choice Voucher program that the Housing Authority is required by HUD to develop and maintain: the PHA Plan and the Administrative Plan.
The PHA plan is a requirement initiated by QHWRA that must articulate the Housing Authority’s mission statement and spell out the agency’s long-term and short-term plans consistent with that mission statement. There are two parts to the PHA plan: a Five-Year Plan submitted once every fifth PHA fiscal year and an Annual Plan submitted to HUD every year. The PHA plan requires information on the housing needs of program applicants, the resources the local housing choice voucher program brings to meet those needs, and the policies, rules and standards that govern program participation and management. The Housing Authority must include Housing Choice Voucher program residents in plan development and must reflect residents’ input in the final plan.
The Housing Authority must also adopt a written Administrative Plan that establishes local policies for program administration. The plan must conform to HUD regulations and state the Housing Authority’s policy in those areas where PHAs have discretion to establish local policy. The plan is a formal document that communicates to all interested parties, the policy choices the local agency has made where federal regulations or law does not direct the Housing Authority’s actions or decisions. The Housing Authority is responsible to insure that the plan is kept up to date and that staff operate under the policies spelled out in the plan.
As part of the adoption process, the Housing Authority’s Governing Board must conduct a public hearing and invite the public to comment on the Plan. Because the PHA does not administer public housing and has a continued high performing status annually, it can submit a streamlined public housing agency plan template.
The Pomona Housing Authority PHA Plan
The following is an overview of the Housing Authority’s PHA Plan:
Five-Year Plan
The Five-Year Plan includes a mission statement designed to serve the needs of low-income and very low-income families in the PHA’s jurisdiction and lays out the Housing Authority’s long-term goals, and quantifiable objectives for achieving the mission statement. City Council, sitting as the Governing Board, conducted a public hearing and adopted a resolution approving the Five-Year Plan on March 6, 2020.
FY 2022-23 Annual Plan
The FY 2022-23 Annual Plan represents Year three (3) of the Five-Year Plan, providing details about the Housing Authority’s participants, programs and services, and its strategy for addressing operational concerns, residents’ needs, programs and services for the upcoming year. (Attachment No. 2) The Annual Plan includes:
All PHA’s Plan elements and any revisions made by the Housing Authority, since its last Annual Plan submission, if applicable.
The Housing Authority’s general policies governing eligibility, selection, admission policies, de-concentration of lower-income families, and waiting list procedures.
A statement of financial resources anticipated to the Housing Authority.
Rent determination, including payment standards and minimum rents.
The Housing Authority’s grievance procedures statement.
Civil Rights Certification of compliance.
Recent results of the Housing Authority’s fiscal year audit.
A description of any activities, services, or programs provided or offered, directly or in partnership, by the Housing Authority to address “Violence Against Women Act.” A statement of Homeownership programs the Housing Authority will administer or will apply for approval.
A statement of the housing needs of families residing in the jurisdiction served by the agency and the strategy by which the agency intends to address those needs.
A statement of the progress in meeting the mission and goals as described in the preceding Five-Year Plan.
A certification that the Annual Plan is consistent with the City of Pomona’s Consolidated Plan.
In addition, the Moving to Work (MTW) Supplement to the Annual PHA Plan informs HUD, families served by the PHA, and members of the public, about the MTW Waivers and associated activities that the MTW agency seeks to implement in the coming Fiscal Year and updates the status of MTW activities that have been previously approved. (Attachment No. 3) It also provides information about Safe Harbor Waivers, Agency-Specific Waivers, compliance with MTW statutory requirements, and evaluations. The MTW Supplement does not replace the PHA Plan. MTW agencies must continue to submit the applicable PHA Plan. MTW agencies that are not required to submit annual PHA Plans under the Housing and Economic Recovery Act of 2008 (HERA) must submit the MTW Supplement annually, in addition to holding public hearings, obtaining board approval, and consulting with Resident Advisory Boards (RABs) and tenant associations, as applicable, on planned MTW activities.
Resident Advisory Board
The Annual Plan must be developed in consultation with a Resident Advisory Board (RAB). The Housing Authority establishes the RAB, which includes adequate resident representation assisted by the Housing Authority. The role of the RAB is to provide input and comment on the development of the Plans. For the development of the FY 2022-23 Plan, the RAB met, in-person and virtually, on August 10, 2022. A summary of their comments is included as an attachment to the Plan (Attachment No. 6).
The Pomona Housing Authority Administrative Plan
The Housing Authority’s Administrative Plan must describe the policies that have been adopted in each area where the PHA has discretion. Housing Choice Voucher program regulations specify the policy areas that must be covered in the Administrative Plan. From time to time, HUD amends these regulations and adds new administrative plan requirements. The Housing Authority is responsible for updating its Administrative Plan to include these additional elements as required. The Housing Authority must also revise its plan whenever local circumstances require a policy change. (Attachment No. 7) Mandatory vs. Optional References in the Administrative Plan In developing administrative policies, the Housing Authority must refer to mandatory references and optional references. Mandatory References are binding and must be followed by all PHAs. These include HUD handbooks, statutes, the Code of Federal Regulations, current notices from the Office of Public and Indian Housing, including those that have been extended or reinstated, forms required by regulations and opinions or rulings of HUD’s Office of General Counsel. Optional References are non-binding and may include, but are not limited to, guidebooks, notices, and recommendations from individual HUD staff.
HUD recommends PHAs develop policies that are consistent with optional references when there are no mandatory references available. In so doing, this creates a “safe harbor” for the PHA. HUD has already determined that the recommendations and suggestions contained in these optional references (guidebooks, notices, and recommendations from individual HUD staff) are consistent with applicable requirements. If the Housing Authority (HA) decides to use a policy or procedure that is different from HUD’s guidance, it is not protected by the safe harbor concept and must make its own determination of consistency with applicable requirements.
The Pomona Housing Authority Administrative Plan
The Housing Authority completed a careful review of HUD regulations, identifying “decision points” and items that need further clarification or interpretation in order to administer the Housing Choice Voucher Program in compliance with HUD regulations. Accordingly, the Housing Authority consulted and received training from HUD staff and Nan McKay and Associates; a leading expert in professional housing training, in preparing the Housing Authority’s revised Administrative Plan.
The revised Administrative Plan contains language recommended by Nan McKay for each area in which the Housing Authority has discretion or flexibility to adopt its own policies. The development of policies addressing these decision points ensures a more consistent application of policies by the Housing Authority staff and a better understanding of Housing Authority decisions by program participants and the public.
Administrative Plan Revisions
The Administrative Plan revised policies and added wording show the Housing Authority’s compliance and implementations of HUD’s notices (Attachment No. 7):
The addition of two (2) brand new Chapters, Chapter 19 on Special Purpose Vouchers and Chapter 20 on MTW Waivers.
Minor updates for Notice PIH 2020-19 on what constitutes an “assisted unit” for rent reasonableness determinations Additions regarding EIV system searches as discussed in Notice PIH 2018-18, the March 2021 EIV FAQs, and the EIV system training conducted September 30, 2020 Updates regarding the PHA’s ability to conduct or remove video inspections (RVIs) as specified in Notice PIH 2020-31 Modifications to account for Notice PIH 2020-32 on conducting remote informal hearings and briefings Removal of the Section 3 PBV owner compliance requirement per the October 2020 Section 3 final rule Revisions for Executive Order 13988 regarding discrimination on the basis of sexual orientation and gender identity Updates to include 40 CFR 745.227 as part of the required lead-based paint regulations in accordance with the EPA-updated the dust-lead clearance levels Changes to incorporate guidance from HUD’s new HCV Guidebook chapters Revisions regarding Notice PIH 2022-18 on the use of administrative fee funding for “other expenses” Updates to account for the final rule, “Streamlining and Implementation of Economic Growth, Regulatory Relief, and Consumer Protection Act Changes to Family Self-Sufficiency (FSS) Program,” published May 17, 2022 Extensive revisions for the Federal Register notice implementing the Fostering Stable Housing Opportunities (FSHO) amendments, published January 24, 2022 Additions regarding Veterans Affairs Supportive Housing (HUD-VASH) as specified in the revised VASH implementation notice, published in the Federal Register September 27, 2021 Changes to Chapter 15 on Special Housing Types for Form HUD-52641, Notice PIH 2021-05 on Shared Housing, and the new HCV Guidebook, and to improve the chapter’s utility Clarifications regarding Social Security and SSI benefits, repayment policies, and record retention as discussed in Notice PIH 2018-18 Other clarifications and modifications to reflect industry best practices, and to ensure that the content is user-friendly, current, and in compliance with all recent HUD regulations and guidance.
No other substantive changes to default policies, nor expanded policies, on existing program administration have been made.
The Housing Authority’s goal is to provide quality service, maintain a successful administration of the Housing Choice Voucher Program, ensure that it has the most up-to-date information, and be compliant with Federal mandate requirements. The PHA ranked high performer in the administration of the Housing Choice Voucher as scored in the Section Management Assessment Program (SEMAP). As an MTW Expansion Agency, the PHA will no longer be scored in SEMAP unless and until such time as HUD develops an MTW-specific system that is consistent with SEMAP performance designation. A copy of the complete revised Administrative Plan binder is available for review in the City Clerk’s office and will be posted on the City’s official web site upon approval.
The Administrative Plan becomes the Housing Authority’s “official” policy when it is approved by the Board. HUD must receive a copy of the plan, and may require changes if the policies adopted are inconsistent with program regulation requirements. However, HUD approval of the administrative plan is not required prior to its implementation.
Governing Board Action Summary
The City Council, sitting as the Pomona Housing Authority Governing Board, is presented the FY 2022-23 Annual Plan with Certification of Consistency with the Consolidated Plan for FY 2022-23 (Attachment No. 4 and Attachment No. 5), the MTW Supplement and the Administrative Plan with revisions, for your consideration and approval. Although HUD guidelines state that the PHA Plan must be submitted seventy-five days prior to the new fiscal year (July 1, 2022), HUD approved the MTW Supplement to the PHA Plan in March 2022. The PHA began the Annual Plan process after the MTW Supplement was approved by HUD. Adoption of the resolution and approval of the PHA Plan, MTW Supplement and the Administrative Plan will place the Housing Authority in compliance with QHWRA and HUD policies, with respect to the Housing Choice Voucher program.
Prepared by:
Jacqueline Contreras, Housing Analyst
ATTACHMENTS:
Attachment No. 1 - Resolution No. 2022-164
Attachment No. 2 - FY 2022-23 PHA Annual Plan
Attachment No. 3 – FY 2022-23 MTW Supplement to Annual Plan Attachment No. 4 - PHA Certification of Consistency with the Consolidated Plan Attachment No. 5 - PHA Certifications of Compliance
Attachment No. 6 - Resident Advisory Board (RAB) Comments Attachment No. 7 – Administrative Plan
Attachment No. 8 - Notice of Public Hearing
Annual Plan and Administrative Plan