AGENDA
REGULAR MEETING
REDONDO BEACH HOUSING AUTHORITY
TUESDAY, DECEMBER 2, 2025 - 6:00 P.M.
REDONDO BEACH COUNCIL CHAMBERS
415 DIAMOND STREET
CALL MEETING TO ORDER
ROLL CALL
A. APPROVAL OF ORDER OF AGENDA
B. ADDITIONAL ITEMS FOR IMMEDIATE CONSIDERATION
B1. BLUE FOLDER ITEMS
Blue folder items are additional back up material to administrative reports and/or public comments received after the printing and distribution of the agenda packet for receive and file.
C. CONSENT CALENDAR #C1 through #C
Business items, except those formally noticed for public hearing, or those pulled for discussion are assigned to the Consent Calendar. The Authority Members may request that any Consent Calendar item(s) be removed, discussed, and acted upon separately. Items removed from the Consent Calendar will be taken up under the “Excluded Consent Calendar” section below. Those items remaining on the Consent Calendar will be approved in one motion following Oral Communications.
C1. APPROVAL OF AFFIDAVIT OF POSTING for the Regular Housing Authority meeting of December 2, 2025.
C2. APPROVAL OF MOTION TO READ BY TITLE ONLY and waive further reading of all Ordinances and Resolutions listed on the agenda.
C3. APPROVAL OF MINUTES OF THE FOLLOWING MEETING:
A. October 21, 2025
C4. APPROVAL OF SUBSTITUTION OF TRUSTEE AND FULL
RECONVEYANCE FOR AFFORDABLE HOUSING UNIT AT 2001
ARTESIA BOULEVARD, UNIT#301, REDONDO BEACH,
CALIFORNIA 90278
CONTACT: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
C5. RECEIVE AND FILE QUARTERLY STATUS REPORT ON SECTION 8
PROGRAM
CONTACT: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
CONTACT: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
D. EXCLUDED CONSENT CALENDAR ITEMS
E. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
This section is intended to provide members of the public with the opportunity to comment on any subject that does not appear on this agenda for action. This section is limited to 30 minutes. Each speaker will be afforded three minutes to address the Commission. Each speaker will be permitted to speak only once. Written requests, if any, will be considered first under this section.
F. EX PARTE COMMUNICATIONS
This section is intended to allow all officials the opportunity to reveal any disclosure or ex parte communication about the following public hearings.
G. PUBLIC HEARINGS
G1. PUBLIC HEARING TO CONSIDER APPROVAL OF THE REDONDO
BEACH HOUSING AUTHORITY ADMINISTRATIVE PLAN REVISION
FOR THE HOUSING CHOICE VOUCHER (SECTION 8) PROGRAM
ADOPT BY TITLE ONLY RESOLUTION NO. HA-2025-89, A
RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
REDONDO BEACH, CALIFORNIA, APPROVING THE AGENCY
ADMINISTRATIVE PLAN
RECOMMENDATION: THAT THE CHAIRMAN AND AUTHORITY
BOARD MEMBERS:
A. OPEN THE PUBLIC HEARING; TAKE PUBLIC TESTIMONY;
AND
B. CLOSE THE PUBLIC HEARING; AND
C. ADOPT RESOLUTION NO. HA-2025-89 BY TITLE ONLY;
CONTACT: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
G2. PUBLIC HEARING TO CONSIDER APPROVAL OF THE REDONDO
BEACH HOUSING AUTHORITY SIGNIFICANT AMENDMENTS TO THE
FY2025-2026 ANNUAL AGENCY PLAN AND THE 2026-2030 FIVE-YEAR
AGENCY PLAN
ADOPT BY TITLE ONLY RESOLUTION NO. HA-2025-88, A RESOLUTION
OF THE HOUSING AUTHORITY OF THE CITY OF REDONDO BEACH,
CALIFORNIA, APPROVING SIGNIFICANT AMENDMENTS TO THE
AGENCY ANNUAL PLAN FOR FISCAL YEAR 2025-2026 AND THE FIVEYEAR PLAN FOR FISCAL YEARS 2026-2030 FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AD URBAN DEVELOPMENT
RECOMMENDATION: THAT THE CHAIRMAN AND AUTHORITY
BOARD MEMBERS:
A. OPEN THE PUBLIC HEARING; TAKE PUBLIC TESTIMONY;
AND
B. CLOSE THE PUBLIC HEARING; AND
C. ADOPT RESOLUTION NO. HA-2025-88 BY TITLE ONLY;
AND
CONTACT: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
H. OLD BUSINESS
I. NEW BUSINESS
J. MEMBERS ITEMS AND REFERRALS TO STAFF
K. ADJOURNMENT
The next scheduled meeting of the Redondo Beach Housing Authority is a Regular meeting on Tuesday, March 3 , 2026 at 6:00 p.m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
It is the intention of the City of Redondo Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk’s Office at (310) 318-0656 at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us at that time if you will need accommodations to attend or participate in meetings on a regular basis.
An Agenda Packet is available 24 hours a day at www.redondo.org under the City Clerk and during City Hall hours. Agenda Packets are also available for review in the Office of the City Clerk.
Any writings or documents provided to a majority of the members of the Authority regarding any item on this agenda will be made available for public inspection at the City Clerk’s Counter at City Hall located at 415 Diamond Street during normal business hours.
STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS
CITY OF REDONDO
BEACH )
AFFIDAVIT OF POSTING
In compliance with the Brown Act, the following materials have been posted at the locations indicated below.
Legislative Body Redondo Beach Housing Authority
Posting Type Agenda – December 2, 2025
Regular Meeting Posting Locations 415 Diamond
Street, Redondo Beach, CA 90277
City Hall Kiosk
City Clerk’s Counter, Door “1”
Meeting Date & Time December 2, 2025 6:00 p.m.
As Housing Administrator of the City of Redondo Beach, I declare, under penalty of perjury, the document noted above was posted on the date displayed below.
Elizabeth Hause, Housing Administrator
Date: November 25, 2025
Community Services Department 1922 Artesia Boulevard
Redondo Beach, California 90278
www.redondo.org
tel: 310 318-0610
fax: 310 798-8273
MINUTES
SPECIAL MEETING
HOUSING AUTHORITY
Tuesday, October 21, 2025
Minutes
Redondo Beach Housing Authority
Tuesday, October 21, 2025
Special Meeting 6:00 p.m.
SPECIAL MEETING OF THE REDONDO BEACH
HOUSING AUTHORITY
CALL MEETING TO ORDER
Vice Chair Behrendt called a Special Meeting of the Redondo Beach Housing Authority (RBHA) to order at 6:35 p.m. in the City Hall Council Chamber, 415 Diamond Street, Redondo Beach, California.
ROLL CALL
RBHA Members Present: Waller, Castle, Kaluderovic, Obagi, Behrendt RBHA Members Absent: Chairman Light, Price, Newton
Officials Present: Eleanor Manzano, City Clerk
Mike Witzansky, City Manager
Elizabeth Hause, Community Services Director
Imelda Delgado, Housing Manager
Laura Diaz, Records Mgmt. Coordinator/ Sr. Deputy
City Clerk
A. APPROVAL OF ORDER OF AGENDA
Motion by Vice Chair Behrendt, seconded by Member Castle, to approve the order of the agenda.
Motion carried 5-0 by voice vote.
B. ADDITIONAL ITEMS FOR IMMEDIATE CONSIDERATION - None
B.1. BLUE FOLDER ITEMS - None
C. CONSENT CALENDAR #C1 through #C3
C1. APPROVAL OF AFFIDAVIT OF POSTING for the Regular Housing Authority meeting of October 16, 2025.
C2. APPROVAL OF MOTION TO READ BY TITLE ONLY and waive further reading
MINUTES
SPECIAL MEETING
HOUSING AUTHORITY
Tuesday, October 21, 2025
of all Ordinances and Resolutions listed on the agenda.
C3. APPROVAL OF MINUTES OF THE FOLLOWING MEETING:
A. AUGUST 19, 2025
B. SEPTEMBER 2, 2025
C4. APPROVE AND EXECUTE AFFORDABLE HOUSING DOCUMENTS FOR THE SALE OF 2001 ARTESIA BOULEVARD, UNIT #301, REDONDO BEACH, CALIFORNIA 90278
A. AGREEMENT CONTAINING COVENANTS, RESTRICTIONS AND OPTION
TO PURCHASE
B. SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
C. ESCROW INSTRUCTIONS
Contact: ELIZABETH HAUSE, COMMUNITY SERVICES DIRECTOR
Vice Chair Behrendt invited public comment.
City Clerk Manzano reported no eComments and no one online.
Motion by Vice Chair Behrendt, seconded by Member Waller, to approve the Consent Calendar.
Motion carried 5-0 by voice vote.
D. EXCLUDED CONSENT CALENDAR ITEMS - None
E. PUBLIC PARTICIPATION ON NON-AGENDA ITEMS
Vice Chair Behrendt invited public comments.
City Clerk Manzano reported no eComments and no one online.
F. EX PARTE COMMUNICATIONS - None
G. PUBLIC HEARINGS - None
H. OLD BUSINESS - None
I. NEW BUSINESS - None
J. MEMBERS ITEMS AND REFERRALS TO STAFF - None
K. ADJOURNMENT – 6:37 P.M.
Motion by Vice Chair Behrendt, seconded by Member Kaluderovic, to adjourn the Special
MINUTES
SPECIAL MEETING
HOUSING AUTHORITY
Tuesday, October 21, 2025
Meeting of the Housing Authority at 6:37 p.m.
Motion carried 5-0 by voice vote.
The next scheduled meeting of the Redondo Beach Housing Authority is a Regular meeting on Tuesday, December 2, 2025, at 6:00 p.m. in the City Hall Council Chambers, 415 Diamond Street, Redondo Beach, California.
Respectfully submitted,
Elizabeth Hause
Community Services Director
Administrative Report
Authority Action Date: December 2, 2025
To: CHAIRMAN AND MEMBERS OF THE HOUSING AUTHORITY
From: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
Subject: APPROVE SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE FOR AFFORDABLE HOUSING UNIT 2001 ARTESIA BOULEVARD, UNIT #301, REDONDO BEACH, CALIFORNIA 90278
URECOMMENDATION
Approve the Substitution of Trustee and Full Reconveyance for the Affordable Housing unit at 2001 Artesia Boulevard, Unit #301, Redondo Beach, California 90278.
UEXECUTIVE SUMMARY
On October 21, 2025, the Housing Authority Board approved the execution of all related documents necessary for the sale, and ongoing regulation, of Affordable Housing unit at 2001 Artesia Boulevard, Unit #301, to preserve affordability and ensure continued compliance with the City’s inclusionary housing requirements. The packet to the Housing Authority Board did not include the Substitution of Trustee and Full Reconveyance.
The sale of the unit closed escrow on October 27, 2025. Housing Authority Board approval is now needed to authorize the Board Chairman to execute the Substitution of Trustee and Full Reconveyance to release and clear the lien from the title and complete the transaction. The same materials will also be presented to the City Council for concurrent approval during the regular meeting scheduled for the same evening.
BACKGROUND
The City Council adopted Ordinance No. 2927-04 on February 17, 2004, amending the zoning ordinance to establish standards for housing for senior citizens. The Ordinance includes an inclusionary housing requirement that ten percent (10%) of the senior housing units be affordable to low- and moderate-income households in proportion to the housing needs identified in the City’s Housing Element. These units must remain affordable for a period of not less than fifty-five (55) years from the effective date of the Affordable Housing Agreement, which is February 20, 2008.
Pursuant to State and local requirements, the income-restricted unit at 2001 Artesia Boulevard, Unit #301, was to be sold only to a qualified moderate-income household.
Moderate-income levels are based on a Countywide formula, with limits determined by household size in relation to the County’s median income.
Administrative Report December 2, 2025
Approve Substitution of Trustee and Full Reconveyance
The owner of Unit #301 requested approval to sell the property and identified a qualified moderate-income buyer. On October 21, 2025, the Affordable Housing Agreement and associated documents for this transaction were presented to the Housing Authority Board. The documents were approved, executed, and the sale in compliance with the City’s affordable housing requirements closed. The packet did not include the Substitution of Trustee and Full Reconveyance. Staff is bringing this document to the Housing Authority Board of Commissioners for approval that will authorize the Chairman to execute the Substitution of Trustee and Full Reconveyance in order to clear the lien from the property’s title. Once executed, staff will record the document with the Los Angeles County Recorder’s Office.
COORDINATION
The City Attorney’s office has approved the Substitution of Trustee and Full Reconveyance as to form.
FISCAL IMPACT
The Affordable Housing Program activities are processed through the City’s Housing Authority office.
Submitted by: Approved for forwarding by:
Elizabeth Hause, Housing Administrator Mike Witzansky, City Manager Attachments:
Substitution of Trustee and Full Reconveyance
RECORDING REQUESTED BY:
Chicago Title Insurance Company
WHEN RECORDED MAIL TO
Paula Marie Broussard,
Trustee of the Alma Darlene Harshman Trust dated January 8, 2020 9 Place de la Halle
Bourg-de-Visa 82190 FRANCE
(SPACE ABOVE IS RESERVED FOR RECORDER’S USE)
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
The undersigned City of Redondo Beach and the Housing Authority of the City of Redondo Beach are collectively the present Beneficiary under the Performance Deed of Trust dated as of February 16, 2010 and recorded on March 8, 2010 as Instrument No. 2010-0310690, Official Records of Los Angeles County, California, and executed by Alma D. Harshman as Trustor, and Chicago Title as Original Trustee. Beneficiary hereby appoints and substitutes the City of Redondo Beach ,a chartered municipal corporation and the Housing Authority of the City of Redondo Beach, a public body, corporate and politic (collectively the “City/Authority”) as the new and “Substituted Trustee” under the Performance Deed of Trust.
As duly appointed Substituted Trustee, the undersigned City/Authority does hereby reconvey to the person or persons legally entitled thereto, without warranty all of the estate, title and interest acquired by the Original Trustee and by the City/Authority as the Substituted Trustee under the Performance Deed of Trust as to certain real property described in the Legal Description, Exhibit A, attached and herby fully incorporated.
IN WITNESS WHEREOF, the owner and holder above named and the City of Redondo Beach and the Housing Authority of the City of Redondo Beach as Substituted Trustee has caused this instrument to be executed each in its respective interest.
Dated this 2nd day of December, 2025.
Housing Authority of the City of Redondo Beach, a public body, corporate and politic By:
James A. Light
Chairman
City of Redondo Beach, a chartered municipal corporation By:
James A. Light
Mayor
A notary public or other officer completing this certificate only verifies the identity of the individuals who signed documents to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this ____ day of _________________, 20__, before me, _______________________, Notary Public, personally appeared, _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________________________ (Seal)
A notary public or other officer completing this certificate only verifies the identity of the individuals who signed documents to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this ____ day of _________________, 20__, before me, _______________________, Notary Public, personally appeared, _________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________________________ (Seal)
1 EXHIBIT “A”
LEGAL DESCRIPTION
Real property in the City of Redondo Beach, County of Los Angeles, State of California, described as follows:
A CONDOMINIUM COMPOSED OF:
PARCEL 1:
A) AN UNDIVIDED 874/47,349 INTEREST IN AND TO LOT 1 OF TRACT NO. 60361, IN
THE CITY OF REDONDO BEACH, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1329, PAGE(S) 43 TO 45, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM UNITS 201R TO 216R, INCLUSIVE, 301R TO 316R, INCLUSIVE, AND 401PH AND 416PH, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN RECORDED MAY 5, 2008 AS INSTRUMENT NO. 2008-0785400, OFFICIAL RECORDS.
B) UNIT 301, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
PARCEL 2:
AN EXCLUSIVE EASEMENT FOR PARKING SPACE PURPOSES OVER THOSE AREAS NUMBERED “34PS” AS SHOWN AND DEFINED AS EXCLUSIVE USE COMMON AREA ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
PARCEL 3
AN EXCLUSIVE EASEMENT FOR BALCONY OR PATIO PURPOSES OVER THOSE
AREAS BEARING THE UNIT NUMBER DESIGNATION FOLLOWED BY THE LETTER “B” AS SHOWN AND DEFINED AS EXCLUSIVE USE COMMON AREA ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
PARCEL 4
AN EXCLUSIVE EASEMENT FOR STORAGE CLOSET PURPOSES OVER THOSE AREAS BEARING THE UNIT NUMBER DESIGNATION FOLLOWED BY THE LETTER “S” AS
SHOWN AND DEFINED AS EXCLUSIVE USE COMMON AREA ON THE CONDOMINIUM PLAN ABOVE MENTIONED.
Assessor’s Parcel Number: 4155-030-078
Administrative Report
Authority Action Date: December 2, 2025
To: CHAIRMAN AND MEMBERS OF THE HOUSING AUTHORITY
From: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
Subject: RECEIVE AND FILE QUARTERLY STATUS REPORT ON SECTION 8
PROGRAM
URECOMMENDATION
Receive and file the report on the Section 8 rental assistance program.
UEXECUTIVE SUMMARY
The City of Redondo Beach Housing Authority (RBHA) receives federal funding from the U.S. Department of Housing and Urban Development (HUD) to operate the Housing Choice Voucher (Section 8) program. Section 8 is a rental assistance program that enables low-income persons to live in decent, safe and sanitary, privately-owned housing.
This report includes information regarding RBHA’s activity for the months of October, November, and December of 2025.
BACKGROUND
The RBHA is currently assisting approximately 443 households under the Section 8 HCV Program. Of those households, approximately 329 head of households are elderly, disabled, or both. As part of the HCV program, there are 20 Project-Based Vouchers (PBV) at The Moonstone apartment complex.
Quarterly Spending
The Housing Authority received approximately $2,161,920 in Housing Assistance Payment (HAP) for the months of October, November, and December. This report was prepared in advance; therefore, the estimated monthly expenditures for this quarter are as follows:
October $725,057
November $720,381
December $719,488
Special Purpose Voucher Programs
The RBHA continues the administration of two special purpose voucher programs and most recently was awarded a third for Foster Youth Initiative (FYI). The following special purpose programs are supported through separate funding allocations to serve specific populations:
Administrative Report December 2, 2025
Receive and File Quarterly Status Report
• The Veterans Affairs Supportive Housing (VASH) are special purposed vouchers for Veterans experiencing homelessness. The RBHA currently has 32 veteran families out of 50 participating.
• The Emergency Housing Vouchers (EHV) are special purposed vouchers for families that are homeless, at risk of homelessness, or fleeing domestic violence.
The RBHA currently has 22 families participating. However, on March 6, 2025, HUD announced the end of the EHV assistance due to the lack of funding. The EHV program was funded by the American Rescue Plan Act of 2021. The EHV program was temporary only through the year 2030. We have been informed by HUD that it is now expected to end in 2026. HUD has provided guidance to transition the EHV families to the Housing Choice Voucher (Section 8) program; however, the RBHA is in funding shortfall and cannot afford to absorb the EHV participants. EHV participants and property owners renting to EHV participants were notified on October 27, 2025, of the program end estimated for April 2026.
Staff revised the RBHA Administrative Plan to include two EHV Local Preferences. One, for current, or former EHV participants terminated by the RBHA within 24-months, with a head of household, spouse, or co-head that is disabled or elderly and expiring/expired EHV assistance due to the lack of funding. The second for any current, or former EHV participants terminated by the RBHA within 24-months, whose assistance is expiring/expired due to the lack of funding. Staff also applied for a HUD waiver to bypass the application process by EHV participants in order to transition to the Section 8 program without a gap in assistance to ensure preparedness if the RBHA is funded by HUD to continue assisting EHV families.
• Foster Youth to Independence Initiative (FYI) are special purposed vouchers for youth between 18 to 24 years old that are homeless or at risk of being homeless, and have been in foster care. FYI Vouchers are only good for 36 months of rental assistance. The RBHA was awarded and funded for 5 FYI vouchers ready to implement once the administrative plan with related policies is approved. Staff added FYI Targeted Funding policies to the administrative plan which will allow other applicants currently on the waiting list that do not qualify for this category to be skipped.
Waiting List
The RBHA has a waiting list that is currently closed to new applicants. The waiting list was established in 2015, and currently consists of approximately 971 applicants. Due to the funding shortfall status, the RBHA is not pulling applicants from the waiting list.
One or more of the following statistics below may apply to the families on the waiting list:
Administrative Report December 2, 2025
Receive and File Quarterly Status Report
Families with Children 495
Elderly Families 264
Families with Disabilities 444
Extremely Low Income 697
Very Low Income 227
Over Income Limit 47
Live or Work in Redondo Beach 2
Honorably Discharged Veterans 0
Families, Elderly or Disabled 941
Ineligible for Preferences 20
No Eligible preferences 8
Funding Shortfall Updates
The RBHA applied for HAP set-aside funding from HUD and continues to administer the following measures to decrease HAP expenditures: immediately stopped issuing new Section 8 vouchers, billing all agencies porting families to the RBHA, denying volunteer moves and port-outs that will increase expenses, lowered payment standards, pay prorated HAP in advance on move-outs rather than collecting back, and revised policies in the administrative plan geared to reduce HAP. The RBHA is also presenting for Board approval updates to the Administrative Plan that will further assist in addressing funding shortfall. The RBHA has not been able to meet with the HUD Shortfall Team or HUD Portfolio Management Specialist as a result of the government shutdown. Updates will continue to be provided to this Board once HUD returns and resumes all regular activities.
COORDINATION
This report was prepared by the Housing Division of the Community Services Department.
FISCAL IMPACT
Preparation of this report is part of the Department’s annual work plan and operating budget. There is no additional fiscal impact.
Submitted by: Approved for forwarding by:
Elizabeth Hause, Housing Administrator Mike Witzansky, City Manager Attachments:
Administrative Report
Authority Action Date: December 2, 2025
To: CHAIRMAN AND MEMBERS OF THE HOUSING AUTHORITY
From: ELIZABETH HAUSE, HOUSING ADMINISTRATOR
Subject: APPROVE THE REVISED ADMINISTRATIVE PLAN OF THE HOUSING CHOICE VOUCHER (SECTION 8) RENTAL ASSISTANCE PROGRAM
URECOMMENDATION
Approve the revised City of Redondo Beach Housing Authority Administrative Plan.
UEXECUTIVE SUMMARY
The City of Redondo Beach Housing Authority (RBHA) receives federal funding from the U.S. Department of Housing and Urban Development (HUD) to administer the Housing Choice Voucher rental assistance program commonly known as Section 8. HUD regulations require Public Housing Agencies (PHAs) to adopt a written administrative plan that establishes local policies for program administration. The plan must conform with HUD regulations and state the PHA’s policies for those areas where HUD allows discretion to establish local policy. The PHA is responsible to ensure that the plan is kept current and that the staff operate under the policies spelled out in the plan.
The Housing Opportunity Through Modernization Act of 2016 (HOTMA) finalized in 2023 implemented revisions to HUD regulations required to be implemented in 2025. To comply with HOTMA, the RBHA required revision of the administrative plan to reflect compliance with the new federal regulations. In parallel, the City’s current shortfall status prompted an assessment of other sections of the administrative plan; as a result, several discretionary policy changes have been incorporated to improve program sustainability, align subsidy levels with available funding, and fine-tune administrative processes to better manage program resources.
The attached administrative plan reflects all required HOTMA updates, other federal revisions, and local policy changes. It is a comprehensive document reflecting the RBHA’s proposed policies and procedures and is recommended for approval.
BACKGROUND
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA makes numerous amendments to Sections 3, 8, and 16 of the United States Housing Act of 1937. HUD finalized HOTMA rulemaking in 2023 to put Sections 102, 103, and 104 into effect through revisions to HUD regulations found in 24 Code of Federal Regulations Part 5 and 24 Code of Federal Regulations Part 891.
Administrative Report December 2, 2025
Approve the Revised Administration Plan
To comply with HOTMA, the RBHA must revise its Administrative Plan to align with federal regulations and to update policies in areas where HUD allows local discretion.
HUD has delayed the compliance date for HOTMA Sections 102 and 104, which address income and asset rules, and has not yet issued a new full compliance date. Certain provisions remain scheduled for implementation by July 1, 2025, while others are pending further guidance. To ensure operational continuity, the RBHA created dual versions of Chapters 6, 7, and 11—labeled A and B. Chapters 6A, 7A, and 11A contain policies for use prior to full HOTMA 102/104 implementation. Chapters 6B, 7B, and 11B contain policies required once HUD establishes the mandatory compliance date. Upon HUD direction, the RBHA will replace Chapters 6A, 7A, and 11A with the corresponding B versions.
A similar approach was taken with inspection standards. HUD has delayed the transition from Housing Quality Standards (HQS) to the National Standards for the Physical Inspection of Real Estate (NSPIRE) until February 2027. Until then, the RBHA will continue to use HQS and will maintain separate Chapters 8A (HQS) and 8B (NSPIRE).
Chapter 8A will be removed once NSPIRE implementation becomes mandatory.
In addition to mandatory federal updates, the RBHA is currently operating in a funding shortfall. Local rental market costs have increased significantly, while federal Housing Assistance Payment (HAP) funding has not grown at a pace sufficient to match payment standards, contract rents, and voucher utilization. As a result, the Housing Authority must implement discretionary policy updates designed to better align expenditures with annual federal allocations, strengthen program sustainability, and improve administrative efficiency. These discretionary changes include:
1. Revised subsidy standards allowing two people per bedroom to support rightsizing for over-housed families.
Implementation: Immediately upon Administrative Plan approval (for new admissions, moves, and right-sizing actions).
Shortfall Impact: Gradual, phased in over each family’s annual reexam cycle.
Full caseload impact in 12–24 months.
2. Added provisions allowing reductions to payment standards when Fair Market Rents decrease.
Implementation: Immediately upon Administrative Plan approval; applies when HUD lowers FMRs.
Shortfall Impact: Slow phase-in, because reductions take effect at each family’s first and then second annual reexam. Full caseload impact in 12–24 months.
Administrative Report December 2, 2025
Approve the Revised Administration Plan
3. Added a $100,000 asset limitation for program participants. (Required under HOTMA 102/104, but not enforceable until HUD’s IT systems are operational.)
Implementation: Not allowed yet. Cannot be implemented until HUD activates its HOTMA-compliant software.
Shortfall Impact: None until HUD releases the system. Once implemented, impact will be moderate and immediate for applicants and participants subject to the limit.
4. Added targeted funding policies for the Foster Youth to Independence (FYI) program.
Implementation: Immediate, because the County–City agreement is already complete and funding has been received.
Shortfall Impact: None, because FYI is funded with separate, targeted HAP.
5. Added two local preferences for Emergency Housing Vouchers (EHV).
Implementation: Immediately upon Administrative Plan approval.
Shortfall Impact: None. This change only prioritizes EHV households for transition into the regular Section 8 program because EHV funding sunsets in 2026. However, due to the current shortfall, the RBHA cannot absorb EHV households into the Section 8 program until the shortfall is resolved. Therefore, this policy results in no impact on shortfall at this time.
6. Added a $50 minimum rent requirement.
Implementation: Immediately upon Administrative Plan approval.
Shortfall Impact: Moderate and immediate for families currently paying $0 rent.
7. Added a limitation preventing participant families from owning a home they could reside in.
(Parallels the HOTMA applicant rule; same dependency as #3.) Implementation: Delayed — cannot be implemented until HUD releases its HOTMA-compliant software.
Shortfall Impact: None until HUD system rollout. Once active, impact is moderate (prevents subsidies for households with significant housing assets).
8. Added a requirement for participant property owners and managers/agents to provide state-issued identification.
Implementation: Immediately upon Administrative Plan approval.
Shortfall Impact: Indirect — improves compliance, reduces fraud exposure, but does not materially reduce HAP costs.
9. Updated document submission deadlines from two weeks to 10 business days.
Implementation: Immediately upon Administrative Plan approval.
Shortfall Impact: Indirect — improves administrative efficiency and reduces delays, but little direct effect on HAP shortfall.
Administrative Report December 2, 2025
Approve the Revised Administration Plan
10.Added administrative policies for the FYI program.
Implementation: Immediately upon Administrative Plan approval.
Shortfall Impact: None, as FYI uses separate funding and does not contribute to HAP shortfall.
These revisions result in a significant amendment to the Annual PHA Plan for FY 2025- 2026 and the 5-Year PHA Plan for FY 2026-2030, both approved on March 11, 2025.
These amendments are also presented to the Council for approval on this same agenda.
As part of the administrative plan update process, the RBHA also consulted with the Resident Advisory Board (RAB) on November 7, 2025, regarding the proposed changes.
The RAB had no comments.
Attached to this report is the updated administrative plan, inclusive of all the abovereferenced amendments. Staff recommends the Board approve the updated administrative plan.
COORDINATION
The City Attorney’s office approved the resolution as to form. The City Clerk’s Office placed a legal notice advertising the public review period and public hearing in the Easy Reader. This report was prepared by the Community Services Department.
FISCAL IMPACT
The Section 8 program is funded by the U.S. Department of Housing and Urban Development. Preparation of this report is part of the department’s annual work plan and operating budget. There is no additional fiscal impact.
Submitted by: Approved for forwarding by:
Elizabeth Hause, Housing Administrator Mike Witzansky, City Manager Attachments:
Redondo Beach Housing Authority Administrative Plan Draft Resolution No. HA-89
Introduction Redondo Beach Housing Authority
December 2025 Intro-i
Introduction
HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.
HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexams (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104and no new date has been provided. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.
HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that in order to update their policy documents for HOTMA in this circumstance, PHAs may create an appendix that contains the HOTMA policies that will be incorporated at a later date. The model policy adopts such an approach. HOTMA 102/104 policies are provided in each affected area of the model policy. However, with the exception of the policies HUD has indicated may be adopted early, HOTMA policies that are “on hold” are indicated in the model policy as such. Further, an appendix has been provided to explicitly call out those policies that are on hold.
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December 2025 Intro-ii
HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2`024, the model policy states that certain policies are not effective until a specific date.
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December 2025 Intro-iii
ABOUT THE ADMINISTRATIVE PLAN
REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for PHA policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.
HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.
Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.
State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.
Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
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December 2025 Intro-iv
NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and habitable condition at certain times prescribed by the regulations. The current applicable inspection standard for the HCV and PBV programs is Housing Quality Standards (HQS). On May 11, 2023, HUD published a final rule implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new approach to defining and assessing housing quality across multiple HUD programs. 24 CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as they pertain specifically to the HCV and PBV programs. Collectively, this is known as “NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior to October 1, 2025, provided they do so in accordance with requirements in FR Notice 7/5/24.
However, even once the HQS inspection standard has sunset, the regulations at 24 CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the terms HQS and housing quality standards rather than NSPIRE. This is because, the definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA. As such, the model policy uses the term housing quality standards whenever applicable regulations use this term. Except in the chapter describing HQS, the acronym HQS is not used in the model policy in order to avoid confusion between the umbrella term meaning housing standards and the specific inspection protocol. The model policy only uses the term NSPIRE when referring to specific NSPIRE standards.
HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. HUD published a final rule on February 14, 2023, revising regulations related to income and assets (Sections 102 and 104 of HOTMA). While the new income and asset regulations were effective January 1, 2024, PHAs were instructed to select a compliance date no later than January 1, 2025. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to select a compliance date because HOTMA compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMAcompliant Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations under HOTMA rules without further information on when the new HOTMA-compliant Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
Introduction Redondo Beach Housing Authority
December 2025 Intro-v
HOTMA VOUCHER FINAL RULE CHANGES IN THE MODEL POLICY
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2024, the model policy states that certain policies are not effective until a specific date.
RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the administrative plan or that may be helpful to you.
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December 2025 Intro-vi
HUD HCV Guidebook
In November 2019 HUD began issuing a new version of the HCV Guidebook chapter-bychapter. Unlike the previous version of the HCV Guidebook in which chapters were numbered, the new version of the guidebook includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.
Therefore, where the HCV Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New HCV GB with a chapter title and page reference (example: New HCV GB, Payment Standards, p. 11). On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portions of the guidebook, specifically the chapters on eligibility, denials, and annual reexaminations and interim reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the HCV Guidebook.
Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the administrative plan.
Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.
New HCV GB Housing Choice Voucher Program Guidebook (7420.10G), Various dates of release
HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs
Resources and Where to Find Them
The HUD website is https://www.hud.gov/.
Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips.
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Following is a list of resources helpful to the PHA or referenced in the administrative plan, and the online location of each.
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunitythrough-modernization-act-of-2016-implementation-of-sections-102-103-and104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium= email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF VAWA Resources
https://www.hud.gov/vawa
Introduction
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Administrative Plan -Table of Contents
Table of Contents Redondo Beach Housing Authority
December 2025
TOC-1
Introduction
HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
HOTMA 102/104 ............................................................................................... Intro-i HOTMA Voucher Final Rule ........................................................................... Intro-ii
ABOUT THE ADMINISTRATIVE PLAN
References Cited in the Administrative Plan ................................................... Intro-iii HUD ................................................................................................................. Intro-iii NSPIRE and HQS in the Administrative Plan ................................................. Intro-iv HOTMA Sections 102 And 104 Changes in the Model Policy ....................... Intro-iv HOTMA Voucher Final Rule Changes in the Model Policy ............................ Intro-v Resources Cited in the Administrative Plan ..................................................... Intro-v Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA ................................................................................................................ 1-1 1-I.A. Overview ................................................................................................. 1-1 1-I.B. Organization and Structure of the PHA .................................................. 1-2 1-I.C. PHA Mission .......................................................................................... 1-2 1-I.D. The PHA’s Programs .............................................................................. 1-3 1-I.E. The PHA’s Commitment to Ethics and Service ..................................... 1-3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ................................. 1-5 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 PHA Do? .................................................................. 1-9 What Does the Owner Do? ............................................................. 1-10 What Does the Family Do? ............................................................. 1-11 1-II.D. Applicable Regulations ......................................................................... 1-12 PART III: THE HCV ADMINISTRATIVE PLAN ............................................................... 1-13 1-III.A. Overview and Purpose of the Plan ........................................................ 1-13 1-III.B. Contents of the Plan (24CFR 982.54) ................................................... 1-13 Mandatory vs. Discretionary Policy ............................................... 1-15 1-III.C. Organization of the Plan ....................................................................... 1-15 1-III.D. Updating and Revising the Plan ........................................................... 1-15 Administrative Plan -Table of Contents
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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]............................... 2-19 Administrative Plan -Table of Contents
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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 5.403; FR Notice 02/03/12; Notice PIH 2014-20; FR Notice 2/14/23]............................................... 3-3 Family............................................................................................... 3-3 Household......................................................................................... 3-4 3-I.C. Family Breakup and Remaining Member of Tenant Family.................. 3-5 Family Breakup [24 CFR 982.315; Notice PIH 2017-08]................ 3-5 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3-6 3-I.D. Head of Household [24 CFR 5.504(b)] .................................................. 3-6 3-I.E. Spouse, Cohead, and Other Adult .......................................................... 3-7 3-I.F. Dependents and Minors [24 CFR 5.603]................................................ 3-8 Joint Custody of Dependents............................................................ 3-8 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................... 3-8 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]..................................... 3-8 Elderly Persons ................................................................................ 3-8 Near-Elderly Persons........................................................................ 3-8 Elderly Family .................................................................................. 3-8 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] ............................................................................. 3-10 Persons with Disabilities................................................................. 3-10 Disabled Family.............................................................................. 3-10 3-I.J. Guests [24 CFR 5.100] ......................................................................... 3-10
3.I.K. Foster Children and Foster Adults [24 CFR 5.603].............................. 3-11 3-I.L. Absent Family Members....................................................................... 3-11 Definitions of Temporarily and Permanently Absent..................... 3-11 Absent Students.............................................................................. 3-11 Absences Due to Placement in Foster Care [24 CFR 5.403].......... 3-12 Absent Head, Spouse, or Cohead ................................................... 3-12 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] ......................................................................... 3-12 Return of Permanently Absent Family Members........................... 3-12 3-I.M. Live-In Aide.......................................................................................... 3-13 Administrative Plan -Table of Contents
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PART II: BASIC ELIGIBILITY CRITERIA....................................................................... 3-14 3-II.A. Income Eligibility and Targeting.......................................................... 3-14 Income Limits................................................................................. 3-14 Definitions of the Income Limits [24 CFR 5.603(b)]..................... 3-14 Using Income Limits for Eligibility [24 CFR 982.201]
and Notice PIH 2023-27 ................................................................. 3-14 Using Income Limits for Targeting [24 CFR 982.201].................. 3-15 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3-16 Declaration [24 CFR 5.508] ........................................................... 3-16 Mixed Families............................................................................... 3-17 Ineligible Families [24 CFR 5.514(d), (e), and (f)]........................ 3-17 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] .......................................................................... 3-18 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2018-24]............................................................................. 3-18 3-II.D. Family Consent to Release of Information [24 CFR 5.230, 24 CFR 5.232, and HCV GB, p. 5-13] ................................................. 3-18 3-II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06, FR Notice 9/21/16]...................... 3-19 Definitions ...................................................................................... 3-19 Determining Student Eligibility...................................................... 3-23 3-II.F. EIV System Searches [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27]...................................................................... 3-24 Existing Tenant Search ................................................................... 3-24 Debts Owed to PHAs and Terminations......................................... 3-25 EIV Income Report......................................................................... 3-25 Administrative Plan -Table of Contents
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PART III: DENIAL OF ASSISTANCE ................................................................................ 3-26 3-III.A. Overview............................................................................................... 3-26 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ........ 3-27 Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), 24 CFR 5.2005(b)] ....................................... 3-27 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a) and 24 CFR 982.552(b)(6)] .................................................................. 3-28 3-III.C. Restriction on Assistance Based on Assets [24 CFR 5.618] ................ 3-29 3-III.D. Other Permitted Reasons for Denial of Assistance ................................. 3-31 Criminal Activity [24 CFR 982.553].............................................. 3-31 Previous Behavior in Assisted Housing [24 CFR 982.552(c)]....... 3-32 3-III.E. Screening .............................................................................................. 3-34 Screening for Eligibility ................................................................. 3-34 Screening for Suitability as a Tenant [24 CFR 982.307]................ 3-35 3-III.F. Criteria for Deciding to Deny Assistance............................................. 3-36 Evidence [24 CFR 982.553(c)]....................................................... 3-36 Consideration of Circumstances [24 CFR 982.552(c)(2)].............. 3-36 Removal of a Family Member's Name from the Application......... 3-38 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]............. 3-38 3-III.G. Notice of Eligibility or Denial .............................................................. 3-39 3-III.H. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking.
and Human Trafficking......................................................................... 3-40 Notification..................................................................................... 3-40 Documentation................................................................................ 3-41 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3-42 Person with Disabilities [24 CFR 5.403]........................................ 3-42 Individual with Handicaps [24 CFR 8.3]........................................ 3-44 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] ........... 3-46 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ...................................... 3-46 Administrative Plan -Table of Contents
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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.................................................................... 4-14 4-III.C. Selection Method.................................................................................. 4-15 Local Preferences [24 CFR 982.207; HCV p. 4-16] ...................... 4-15 Income Targeting Requirement [24 CFR 982.201(b)(2)]............... 4-16 Order of Selection........................................................................... 4-17 4-III.D. Notification of Selection....................................................................... 4-18 4-III.E. The Application Interview.................................................................... 4-18 4-III.F. Completing the Application Process .................................................... 4-20 Administrative Plan -Table of Contents
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Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS...................................................... 5-1 5-I.A. Overview................................................................................................. 5-1 5-I.B. Briefing [24 CFR 982.301]..................................................................... 5-2 Notification of Briefing .................................................................... 5-2 In-Person Briefings........................................................................... 5-2 Remote Briefings [Notice PIH 2020-32].......................................... 5-3 Accessibility Requirements for Persons with
Disabilities and LEP Individuals...................................................... 5-3 Conducting Remote Briefings .......................................................... 5-4 Oral Briefing [24 CFR 982.301(a)] .................................................. 5-5 Briefing Packet [24 CFR 982.301(b); New HCV GB,
Housing Search and Leasing, p. 7]................................................... 5-6 Additional Items to be Included in the Briefing Packet ................... 5-8 5-I.C. Family Obligations ................................................................................ 5-9 Time Frames for Reporting Changes Required
by Family Obligations ...................................................................... 5-9 Family Obligations [24 CFR 982.551]............................................. 5-9 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE.................................. 5-13 5-II.A. Overview............................................................................................... 5-13 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402].............. 5-13 5-II.C. Exceptions to Subsidy Standards.......................................................... 5-15 5-II.D. Voucher Issuance [24 CFR 982.302].................................................... 5-16 5-II.E. Voucher Term and Extensions.............................................................. 5-17 Voucher Term [24 CFR 982.303]................................................... 5-17 Extensions of Voucher Term [24 CFR 982.303(b)]....................... 5-17 Suspensions of Voucher Term [24 CFR 982.303(c)]..................... 5-19 Expiration of Voucher Term........................................................... 5-19 Administrative Plan -Table of Contents
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Chapter 6.A.
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME ............................................................................................... 6-2 6-I.A. Overview ................................................................................................. 6-2 6-I.B. Household Composition and Income ...................................................... 6-3 Summary of Income Included and Excluded by Person ................... 6-3 Temporarily Absent Family Members .............................................. 6-4 Family Members Permanently Confined for Medical Reasons ........ 6-5 Joint Custody of Dependents ............................................................ 6-5 Caretakers for a Child ....................................................................... 6-6 6-I.C. Anticipating Annual Income .................................................................. 6-7 Basis of Annual Income Projection .................................................. 6-7 Projecting Income ............................................................................. 6-8 6-I.D. Earned Income ........................................................................................ 6-9 Types of Earned Income Included in Annual Income ...................... 6-9 Types of Earned Income Not Counted in Annual Income ............. 6-10 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023 27] ..................................... 6-11 Calculation of the Disallowance ..................................................... 6-11 Calculation Method ........................................................................ 6-11 6-I.F. Business Income [24 CFR 5.609(b)(28) as updated for HOTMA; Notice PIH 2023-27)] ........................................................................... 6-12 Independent Contractors ................................................................. 6-12 Business Expansion ........................................................................ 6-12 Capital Indebtedness ....................................................................... 6-13 Negative Business Income .............................................................. 6-13 Withdrawal of Cash or Assets from a Business .............................. 6-13 Co-owned Businesses ..................................................................... 6-13 6-I.G. Student Financial Assistance [FR Notice 2/14/23 and Notice PIH 202327] .............................................................................. 6-14 Introduction ..................................................................................... 6-14 HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(9)] ...................................................................... 6-14 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27] ....................................................................... 6-16 6-I.H. Periodic Payments [Notice PIH 2023-27] ............................................ 6-20 Lump-Sum Payments for the Delayed Start of a Periodic
Payment [24 CFR 5.609(b)(16) as updated for HOTMA] ............. 6-20 Retirement Accounts [24 CFR 5.609(b)(26) as updated
for HOTMA; Notice PIH 2023-27] ................................................ 6-21 Social Security Benefits [Notice PIH 2023-27].............................. 6-21 Administrative Plan -Table of Contents
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6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) as updated for HOTMA and Notice PIH 2023-27] ................................................ 6-22 6-I.J. State Payments to Allow Individuals with Disabilities to Live at Home [24 CFR 5.609(b)(19) as updated for HOTMA] ........... 6-24 6-I.K. Civil Rights Settlements [24 CFR 5.609(b)(25)
as updated for HOTMA; FR Notice 2/14/23] ....................................... 6-24 6-I.L. Additional Exclusions from Annual Income [24 CFR 5.609(b) as updated for HOTMA; FR Notice 1/31/2024] ................................... 6-25 6-I.M. Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)] ................................... 6-31 Overview ......................................................................................... 6-31 General Policies .............................................................................. 6-31 Types of Assets ............................................................................... 6-35 6-I.N. Welfare Assistance ............................................................................... 6-40 Overview ......................................................................................... 6-40 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-40 6-I.O. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)] ............ 6-41 Alimony and Child Support ............................................................ 6-41 PART II: ADJUSTED INCOME.......................................................................................... 6-43 6-II.A. Introduction ........................................................................................... 6-43 Overview ......................................................................................... 6-43 Anticipating Expenses .................................................................... 6-43 6-II.B. Dependent Deduction ........................................................................... 6-44 6-II.C. Elderly or Disabled Family Deduction ................................................. 6-44 6-II.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b) as updated for HOTMA] ........... 6-45 Definition of Medical Expenses...................................................... 6-45 Summary of Allowable Medical Expenses from IRS
Publication 502 ............................................................................... 6-46 Families That Qualify for Both health and Medical Care
and Disability Assistance Expenses................................................ 6-46 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-47 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-47 Eligible Disability Expenses ........................................................... 6-48 Necessary and Reasonable Expenses .............................................. 6-49 Families That Qualify for Both Medical and Disability
Assistance Expenses ....................................................................... 6-49 6-II.F. Childcare Expense Deduction ............................................................... 6-50 Clarifying the Meaning of Child for This Deduction ..................... 6-50 Qualifying for the Deduction .......................................................... 6-50 Earned Income Limit on Childcare Expense Deduction ................ 6-51 Eligible Childcare Expenses ........................................................... 6-52 Administrative Plan -Table of Contents
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PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6-53 6-III.A. Overview of Rent and Subsidy Calculations ........................................ 6-53 TTP Formula [24 CFR 5.628] ........................................................ 6-53 Family Share [24 CFR 982.305(a)(5)] ............................................ 6-53 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-54 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6-54 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-55 Overview ......................................................................................... 6-55 HUD-Defined Financial Hardship .................................................. 6-55 Implementation of Hardship Exemption ........................................ 6-56 6-III.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024-34] ............................................................................. 6-58 Overview ......................................................................................... 6-58 Changes in Payment Standards ....................................................... 6-58 Reasonable Accommodation [24 CFR 982.503(d)(5)] ................... 6-61 6-III.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6-61 Overview ......................................................................................... 6-61 Flat Fees [24 CFR 982.517(b)(2)(iii)] ............................................ 6-61 PBV Developments [24 CFR 982.517(b)(2)(iv)] ........................... 6-61 Reasonable Accommodation and Individual Relief ....................... 6-61 Utility Allowance Revisions ........................................................... 6-63 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6-63 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6-65 HHS Definition of "Assistance" ........................................................................... 6-66 Exhibit 6-2: Annual Income Exclusions ................................................................................... 6-68 Exhibit 6-3: Treatment of Family Assets .................................................................................. 6-73 Exhibit 6-5: The Effect of Welfare Benefit Reduction ............................................................. 6-74 Administrative Plan -Table of Contents
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Chapter 6.B.
INCOME AND SUBSIDY DETERMINATIONS UNDER HOTMA 102/104
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME ............................................................................................... 6-2 6-I.A. Overview [24 CFR 5.609] ...................................................................... 6-2 6-I.B. Household Composition and Income ...................................................... 6-3 Overview ........................................................................................... 6-3 Summary of Income Included and Excluded by Person ................... 6-3 Temporarily Absent Family Members .............................................. 6-4 Family Members Permanently Confined for Medical Reasons ........ 6-5 Joint Custody of Dependents ............................................................ 6-5 Caretakers for a Child ....................................................................... 6-6 6-I.C. Calculating Annual Income ................................................................... 6-7 Anticipating Annual Income [24 CFR 5.609(c)(1)] ......................... 6-7 Calculating Annual Income at Annual Reexamination
[24 CFR.609(c)(2); Notice PIH 2023-27] ........................................ 6-8 6-I.D. Earned Income ........................................................................................ 6-9 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27] ..................................... 6-11 Calculation of the Disallowance ..................................................... 6-11 Calculation Method ........................................................................ 6-11 6-I.F. Business and Self-Employment Income [24 CFR 5.609(b)(28); Notice PIH 2023-27] ............................................................................. 6-12 Independent Contractors ................................................................. 6-12 Business Expansion ........................................................................ 6-12 Capital Indebtedness ....................................................................... 6-13 Negative Business Income .............................................................. 6-13 Withdrawal of Cash or Assets from a Business .............................. 6-13 Co-owned Businesses ..................................................................... 6-13 Assets Owned by a Business Entity................................................ 6-13 6-I.G. Student Financial Assistance [FR Notice 2/14/23
and Notice PIH 2023-27] ...................................................................... 6-14 Introduction ..................................................................................... 6-14 HOTMA Student Financial Assistance Requirements
[24 CFR 5.609(b)(9)] ...................................................................... 6-14 Calculating Income from Student Financial Assistance
[HOTMA Student Financial Assistance Resource Sheet;
Notice PIH 2023-27 ........................................................................ 6-16 Administrative Plan -Table of Contents
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6-I.H. Periodic Payments ................................................................................ 6-20 Lump-Sum Payments for the Delayed Start of a
Periodic Payment [24 CFR 5.609(b)(16)] ...................................... 6-20 Retirement Accounts [24 CFR 5.609(b)(26);
Notice PIH 2023-27] ....................................................................... 6-21 Social Security Benefits [Notice PIH 2023-27].............................. 6-21 Alimony and Child Support ............................................................ 6-22 6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) and
Notice PIH 2023-27] ............................................................................. 6-23 6-I.J. Welfare Assistance ............................................................................... 6-24 Overview ......................................................................................... 6-24 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] ............................................................................... 6-24 6-I.K. State Payments to Allow Individuals with Disabilities to Live at Home [24 CFR 5.609(b)(19)] ................................................. 6-25 6-I.L. Civil Rights Settlements [24 CFR 5.609(b)(25);
FR Notice 2/14/23] ............................................................................... 6-25 6-I.M. Additional Exclusions From Annual Income
[24 CFR 5.609(b); FR Notice 1/31/2024] ............................................. 6-26 PART II: ASSETS ................................................................................................................ 6-33 6-II.A. Overview ............................................................................................... 6-33 6-II.B. Assets Disposed of for Less Than Fair Market Value [24 CFR 5.603(b)(2)] ............................................................................ 6-34 6-II.C. Asset Inclusions and Exclusions ........................................................... 6-35 6-II.D. Determining Income from Assets ......................................................... 6-43 PART III: ADJUSTED INCOME.......................................................................................... 6-45 6-III.A. Introduction ........................................................................................... 6-45 Overview ......................................................................................... 6-45 Anticipating Expenses .................................................................... 6-46 6-III.B. Dependent Deduction ........................................................................... 6-46 6-III.C. Elderly or Disabled Family Deduction ................................................. 6-46 6-III.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b)] ................................................... 6-47 Definition of Medical Expenses...................................................... 6-47 Families That Qualify for Both and Medical and
Disability Assistance Expenses ...................................................... 6-48 6-III.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-49 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-49 Necessary and Reasonable Expenses .............................................. 6-50 Families That Qualify for Both Health and Medical and
Disability Assistance Expenses ...................................................... 6-50 Administrative Plan -Table of Contents
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6-III.F. Childcare Expense Deduction ............................................................... 6-51 Clarifying the Meaning of Child for This Deduction ..................... 6-51 Qualifying for the Deduction .......................................................... 6-51 Earned Income Limit on Childcare Expense Deduction ................ 6-52 Eligible Childcare Expenses ........................................................... 6-53 6-III.G. Hardship Exemptions [24 CFR 5.611(c), (d), and (e)] ......................... 6-54 Health and Medical Care and Disability Assistance
Expenses [24 CFR 5.611(c); Notice PIH 2023-27] ........................ 6-54 Phased-In Relief .............................................................................. 6-54 General Relief` ................................................................................ 6-55 Childcare Expense Hardship Exemption [24 CFR 5.611(d)
and Notice PIH 2023-27] ................................................................ 6-57 6-III.H. Permissive Deductions [24 CFR 5.611(b)(1)(ii)] ................................. 6-60 PART IV: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................... 6-61 6-IV.A. Overview of Rent and Subsidy Calculations ........................................ 6-61 TTP Formula [24 CFR 5.628] ........................................................ 6-61 Family Share [24 CFR 982.305(a)(5)] ............................................ 6-61 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-62 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)] ............. 6-62 6-IV.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] .......... 6-63 Overview ......................................................................................... 6-63 HUD-Defined Financial Hardship .................................................. 6-63 Implementation of Hardship Exemption ........................................ 6-64 6-IV.C. Applying Payment Standards [24 CFR 982.505(c) and Notice PIH 2024 34] ............................................................................. 6-66 Overview ......................................................................................... 6-66 Changes in Payment Standards ....................................................... 6-66 Reasonable Accommodation [24 CFR 982.503(d)(5)] ................... 6-69 6-IV.D. Applying Utility Allowances [24 CFR 982.517] .................................. 6-69 Overview ......................................................................................... 6-69 Flat Fees [24 CFR 982.517(b)(2)(iii)] ............................................ 6-69 PBV Developments [24 CFR 982.517(b)(2)(iv)] ........................... 6-69 Reasonable Accommodation and Individual Relief ....................... 6-69 Utility Allowance Revisions ........................................................... 6-71 6-IV.E. Prorated Assistance for Mixed Families [24 CFR 5.520] ..................... 6-71 Exhibit 6-1: Annual Income Full Definition ............................................................................. 6-73 Exhibit 6-2: Treatment of Family Assets .................................................................................. 6-78 Exhibit 6-3: The Effect of Welfare Benefit Reduction ............................................................. 6-79 Administrative Plan -Table of Contents
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Chapter 7.A.
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2018-18] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 24 CFR 982.551; 24 CFR 5.230; and Notice PIH 2023-27] .................. 7-1 Consent Forms .................................................................................. 7-1 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27] ................................................ 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-2 7-I.B. Overview of Verification Requirements ................................................. 7-3 Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023 27] ................................ 7-3 HUD’s Verification Hierarchy [Notice PIH 2018-18] ..................... 7-6 Requirements for Acceptable Documents ........................................ 7-6 File Documentation .......................................................................... 7-7 7-I.C. Up-Front Income Verification (UIV) ..................................................... 7-7 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory) ........................................... 7-8 Upfront Income Verification Using Non-HUD
Systems (Optional) ........................................................................... 7-9 7-I.D. Third-Party Written and Oral Verification ........................................... 7-10 Written Third-Party Verification [Notice PIH 2018-18] ................ 7-10 Written Third-Party Verification Form .......................................... 7-11 Oral Third-Party Verification [Notice PIH 2018-18] ..................... 7-11 When Third-Party Verification is Not Required
[Notice PIH 2018-18] ..................................................................... 7-12 7-I.E. Self-Certification .................................................................................. 7-13 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-15 7-II.A. Verification of Legal Identity ............................................................... 7-15 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2018-24] .......... 7-16 7-II.C. Documentation of Age .......................................................................... 7-18 7-II.D. Family Relationships ............................................................................ 7-18 Marriage .......................................................................................... 7-19 Separation or Divorce ..................................................................... 7-19 Absence of Adult Member.............................................................. 7-19 Foster Children and Foster Adults .................................................. 7-19 7-II.E. Verification of Student Status ............................................................... 7-20 General Requirements .................................................................... 7-20 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ..................................................... 7-20 7-II.F. Documentation of Disability ................................................................. 7-21 Family Members Receiving SSA Disability Benefits .................... 7-22 Family Members Not Receiving SSA Disability Benefits ............. 7-22 Administrative Plan -Table of Contents
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7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] ................ 7-23 Overview ......................................................................................... 7-23 U.S. Citizens and Nationals ............................................................ 7-23 Eligible Immigrants ........................................................................ 7-24 7-II.H. Verification of Preference Status .......................................................... 7-24 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-25 7-III.A. Earned Income ...................................................................................... 7-25 Tips ................................................................................................. 7-25 7-III.B. Business and Self Employment Income ............................................... 7-25 7-III.C. Periodic Payments and Payments In Lieu of Earnings ......................... 7-26 Social Security/SSI Benefits ........................................................... 7-26 7-III.D. Alimony or Child Support .................................................................... 7-27 7-III.E. Assets and Income From Assets ........................................................... 7-28 Assets Disposed of for Less than Fair Market Value ..................... 7-28 7-III.F. Net Income From Rental Property ........................................................ 7-28 7-III.G. Retirement Accounts ............................................................................ 7-29 7-III.H. Income From Excluded Sources ........................................................... 7-30 7-III.I. Zero Income Families [Notice PIH 2023-27] ....................................... 7-31 7-III.J. Student Financial Assistance [24 CFR 5.609(b)(9) as updated for HOTMA] ......................................................................................... 7-32 7-III.K. Parental Income of Students Subject to Eligibility Restrictions ........... 7-33 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-35 7-IV.A. Dependent and Elderly/Disabled Household Deductions ..................... 7-35 Dependent Deduction ..................................................................... 7-35 Elderly/Disabled Family Deduction ............................................... 7-35 7-IV.B. Health and Medical Care Expense Deduction ...................................... 7-36 Amount of Expense ........................................................................ 7-36 Eligible Household ......................................................................... 7-37 Qualified Expenses ......................................................................... 7-37 Unreimbursed Expenses ................................................................. 7-37 Expenses Incurred in Past Years ..................................................... 7-37 7-IV.C. Disability Assistance Expenses ............................................................ 7-38 Amount of Expense ........................................................................ 7-38 Family Member is a Person with Disabilities ................................. 7-39 Family Member(s) Permitted to Work ........................................... 7-39 Unreimbursed Expenses ................................................................. 7-39 7-IV.D. Childcare Expenses ............................................................................... 7-40 Eligible Child .................................................................................. 7-40 Unreimbursed Expense ................................................................... 7-40 Pursuing an Eligible Activity ......................................................... 7-41 Allowable Type of Childcare .......................................................... 7-42 Reasonableness of Expenses ........................................................... 7-42 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ................................................................................ 7-43 Administrative Plan -Table of Contents
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Chapter 7.B.
VERIFICATION UNDER HOTMA 102/104
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2023-27] PART I: GENERAL VERIFICATION REQUIREMENTS ................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 24 CFR 982.551; 24 CFR 5.230; and Notice PIH 2023-27] .................. 7-1 Consent Forms .................................................................................. 7-1 Form HUD-9886-A [24 CFR 5.230(b)(1), b(2), (c)(4),
and (c)(5); and Notice PIH 2023-27] ................................................ 7-2 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-3 7-I.B. Use of Other Programs’ Income Determinations
[24 CFR 5.609(c)(3) and Notice PIH 2023-27] ...................................... 7-4 7-I.C. Streamlined Income Determinations [24 CFR 960.257(c); Notice PIH 2023-27] ............................................................................... 7-7 7-I.D. Verification Hierarchy [Notice PIH 2023-27] ........................................ 7-7 File Documentation .......................................................................... 7-8 7-I.E. Level 5 and 6 Verifications: Up-Front Income Verification (UIV) ....... 7-9 HUD’s Enterprise Income Verification (EIV) System
(Mandatory) ...................................................................................... 7-9 Upfront Income Verification Using Non-HUD Systems ................ 7-12 7-I.F. Level 4 Verification [Notice PIH 2023-27] .......................................... 7-13 EIV + Self-Certification ................................................................. 7-13 Written Third-Party Verification from the Source ......................... 7-13 7-I.G. Level 3 Verification: Written, Third-Party Form
[Notice PIH 2023 27] ........................................................................... 7-15
7.I.H. Level 2: Oral Third-Party Verification [Notice PIH 2023-27] ............. 7-15 When Third-Party Verification is Not Required
[Notice PIH 2023-27] ..................................................................... 7-16 7-I.I. Level 1: Non-Third-Party Verification:
Self-Certification [Notice PIH 2023-27] .............................................. 7-17 PART II: VERIFYING FAMILY INFORMATION ............................................................ 7-18 7-II.A. Verification of Legal Identity ............................................................... 7-18 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2023-27] .......... 7-19 7-II.C. Documentation of Age .......................................................................... 7-21 7-II.D. Family Relationships ............................................................................ 7-22 Marriage .......................................................................................... 7-22 Separation or Divorce ..................................................................... 7-22 Absence of Adult Member.............................................................. 7-22 Foster Children and Foster Adults .................................................. 7-22 7-II.E. Verification of Student Status ............................................................... 7-23 General Requirements .................................................................... 7-23 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education ..................................................... 7-23 Administrative Plan -Table of Contents
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7-II.F. Documentation of Disability................................................................. 7-24 Family Members Receiving SSA Disability Benefits.................... 7-25 Family Members Not Receiving SSA Disability Benefits............. 7-25 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508]................ 7-26 Overview......................................................................................... 7-26 U.S. Citizens and Nationals............................................................ 7-26 Eligible Immigrants........................................................................ 7-26 7-II.H. Verification of Preference Status.......................................................... 7-27 PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-29 7-III.A. Earned Income ...................................................................................... 7-29 Tips................................................................................................. 7-29 Wages ............................................................................................. 7-29 7-III.B. Business and Self Employment Income ............................................... 7-30 7-III.C. Periodic Payments and Payments In Lieu of Earnings......................... 7-31 Social Security/SSI Benefits [Notice PIH 2023-27]....................... 7-31 7-III.D. Alimony or Child Support [Notice PIH 2023-27]................................ 7-32 7-III.E. Nonrecurring Income [Notice PIH 2023-27]........................................ 7-32 7-III.F. Assets and Income From Assets........................................................... 7-33 Net Family Assets [24 CFR 5.603]................................................. 7-33 Self-Certification of Real Property Ownership
[24 CFR 5.618(b)(2); Notice PIH 2023-27] ................................... 7-34 7-III.G. Net Income From Rental Property........................................................ 7-35 7-III.H. Federal Tax Refunds or Refundable Tax Credits
[Notice PIH 2023-27] ........................................................................... 7-35 7-III.I. Retirement Accounts ............................................................................ 7-35 7-III.J. Income From Excluded Sources [Notice PIH 2023-27]....................... 7-36 7-III.K. Zero Income Families [Notice PIH 2023-27]....................................... 7-37 7-III.L. Student Financial Assistance [24 CFR 5.609(b)(9)]............................. 7-38 7-III.M. Parental Income of Students Subject to Eligibility Restrictions........... 7-39 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-40 7-IV.A. Dependent and Elderly/Disabled Household Deductions..................... 7-40 Dependent Deduction ..................................................................... 7-40 Elderly/Disabled Family Deduction ............................................... 7-40 7-IV.B. Health and Medical Care Expense Deduction ...................................... 7-41 Amount of Expense ........................................................................ 7-41 Eligible Household ......................................................................... 7-42 Qualified Expenses......................................................................... 7-42 Unreimbursed Expenses ................................................................. 7-42 Expenses Incurred in Past Years..................................................... 7-42 7-IV.C. Disability Assistance Expenses ............................................................ 7-43 Amount of Expense ........................................................................ 7-43 Family Member is a Person with Disabilities................................. 7-45 Family Member(s) Permitted to Work ........................................... 7-45 Unreimbursed Expenses ................................................................. 7-45 Administrative Plan -Table of Contents
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7-IV.D. Childcare Expenses............................................................................... 7-46 Eligible Child.................................................................................. 7-46 Unreimbursed Expense................................................................... 7-46 Pursuing an Eligible Activity ......................................................... 7-47 Allowable Type of Childcare.......................................................... 7-48 Reasonableness of Expenses........................................................... 7-48 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10]................................................................................ 7-49 Administrative Plan -Table of Contents
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Chapter 8.A.
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS
DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
NSPIRE AND HQS ..................................................................................................................... 8-1 PART I: PHYSICAL STANDARDS .................................................................................... 8-2 8-I.A. General HUD Requirements ................................................................... 8-2 HUD Performance and Acceptability Standards .............................. 8-2 NSPIRE Standards Applicable to HQS [HUD Letter 6/14/24] ........ 8-3 Tenant Preference Items ................................................................... 8-3 Modifications to Provide Accessibility ............................................ 8-3 8-I.B. Additional Local Requirements .............................................................. 8-4 Thermal Environment [HCV GB p.10-7] ......................................... 8-4 Clarifications of HUD Requirements ............................................... 8-4 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a);
FR Notice 1/18/17] ................................................................................. 8-6 8-I.D. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8-9 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ................................................. 8-9 Family Responsibilities .................................................................... 8-9 Owner Responsibilities ..................................................................... 8-9 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ..................................................... 8-9 Owner Obligation ............................................................................. 8-9 Family Responsibilities .................................................................. 8-10 8-I-E. Special Requirements for Children with Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13] ............................................................................. 8-11 8-I-F. Violation of HQS Space Standards
[24 CFR 982.401, 24 CFR 982.403]..................................................... 8-12 PART II: THE INSPECTION PROCESS ............................................................................ 8-13 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-13 Types of Inspections ....................................................................... 8-13 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ................. 8-13 Inspection Costs [Notice PIH 2016-05; 24 CFR 5.705(h)] ............ 8-14 Remote Video Inspections (RVIs) [Notice PIH 2020-31] .............. 8-14 Notice and Scheduling .................................................................... 8-14 Owner and Family Inspection Attendance ..................................... 8-15 Administrative Plan -Table of Contents
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8-II.B. Initial HQS Inspection [24 CFR 982.405(a)] ....................................... 8-15 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)] .................................................................. 8-15 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406] ...................................................................... 8-16 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)] ............... 8-16 Inspection Results and Reinspections ............................................. 8-17 Utilities ........................................................................................... 8-17 Appliances [Form HUD-52580] ..................................................... 8-17 8-II.C. Periodic HQS Inspections [24 CFR 982.405(b) and Notice PIH 2016-05] ............................................................................. 8-18 Scheduling the Inspection ............................................................... 8-18 8-II.D. Special Interim Inspections [24 CFR 982.405(d)] ................................ 8-18 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-19 8-II.F. Inspection Results and Reinspections for Units
Under HAP Contract ............................................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-19 Notification of Corrective Actions ................................................. 8-19 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-20 Notification of Corrective Actions [24 CFR 982.404(d)(1)] .......... 8-20 Extensions ....................................................................................... 8-22 Reinspections [24 CFR 982.405(i)] ................................................ 8-22 8-II.G. Enforcing Owner Compliance .............................................................. 8-23 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-23 HAP Abatement .............................................................................. 8-23 HAP Contract Termination ............................................................. 8-23 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-24 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-24 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-24 HAP Contract Termination ............................................................. 8-25 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)] .......... 8-26 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-26 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later: ................................................... 8-26 Administrative Plan -Table of Contents
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PART III: RENT REASONABLENESS [24 CFR 982.507] ................................................. 8-27 8-III.A. Overview ............................................................................................... 8-27 PHA-Owned Units [24 CFR 982.352(b)] ....................................... 8-27 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-28 Owner-Initiated Rent Determinations ............................................. 8-28 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-28 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-29 8-III.C. How Comparability Is Established ....................................................... 8-29 Factors to Consider ......................................................................... 8-29 Units that Must Not be Used as Comparables ................................ 8-29 Rents Charged for Other Units on the Premises ............................. 8-30 8-III.D. PHA Rent Reasonableness Methodology ............................................. 8-31 How Market Data Is Collected ....................................................... 8-31 How Rents Are Determined ............................................................ 8-31 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8-33 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ..................... 8-37 Administrative Plan -Table of Contents
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Chapter 8.B.
NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF REAL ESTATE
AND RENT REASONABLENESS DETERMINATIONS
[24 CFR 5 Subpart G and Notice PIH 2024-26]
NSPIRE AND HQS ..................................................................................................................... 8-2 PART I: NSPIRE STANDARDS .......................................................................................... 8-3 8-I.A. Inspectable Areas [24 CFR 5.703(a)(1) and
24 CFR 5.705(a)(2)] ............................................................................... 8-3 8-I.B. Affirmative Habitability Requirements
[24 CFR 5.703(b), (c), and (d)] ............................................................... 8-3 8-I.C. Modifications to Provide Accessibility
[24 CFR 100.203; Notice 2003-31; and Notice PIH 2014-02] ............... 8-3 8-I.D. Additional Local Requirements
[24 CFR 5.705(a)(3) and Notice PIH 2024-26] ...................................... 8-4 8-I.E. Life-Threatening Deficiencies [Notice PIH 2024-26] ............................ 8-4 8-I.F. Owner and Family Responsibilities [24 CFR 982.404] .......................... 8-7 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ................................................. 8-7 Family Responsibilities .................................................................... 8-7 Owner Responsibilities ..................................................................... 8-7 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later. ..................................................... 8-7 Owner Obligation ............................................................................. 8-7 Family Responsibilities .................................................................... 8-8 8-I.G. Lead-Based Paint .................................................................................... 8-9 Special Requirements for Children with Elevated Blood
Lead Level [24 CFR 35.1225; FR Notice 1/13/17;
Notice PIH 2017-13] ......................................................................... 8-9 8-I-H. Violation of Space Standards [24 CFR 5.703(d)(5)] .............................. 8-9 PART II: THE INSPECTION PROCESS ............................................................................ 8-11 8-II.A. Overview [24 CFR 982.405] ................................................................ 8-11 Types of Inspections ....................................................................... 8-11 Inspection of PHA-Owned Units [24 CFR 982.352(b)] ................. 8-11 Inspection Costs [Notice PIH 2016-05 and 24 CFR 5.705(h)] ....... 8-11 Remote Video Inspections (RVIs) [Notice PIH 2020-31] .............. 8-12 Notice and Scheduling .................................................................... 8-12 Owner and Family Inspection Attendance ..................................... 8-13 Administrative Plan -Table of Contents
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8-II.B. Initial Inspection [24 CFR 982.405(a)] ................................................ 8-13 Approving Units with Non-Life-Threatening Deficiencies
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.405(j)].................................................................. 8-13 Approving Units Using Alternative Inspections
[FR Notice 1/18/17; Notice PIH 2017-20; FR Notice 5/7/24; and 24 CFR 982.406]...................................................................... 8-15 Timing of Initial Inspections [24 CFR 982.305(b)(2)(i)]............... 8-15 Inspection Results and Reinspections............................................. 8-15 Utilities ........................................................................................... 8-16 Appliances ...................................................................................... 8-16 8-II.C. Periodic Inspections [24 CFR 982.405(b) and
Notice PIH 2016-05]............................................................................. 8-16 Scheduling the Inspection............................................................... 8-16 8-II.D. Interim Inspections [24 CFR 982.405(d)] ............................................ 8-17 8-II.E. Supervisory Quality Control Inspections [24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32]................................................. 8-17 8-II.F. Inspection Results and Reinspections for Units Under HAP Contract........................................................................................ 8-18 Correction Timeframes................................................................... 8-18 The following is applicable to HAP contracts executed
or renewed June 5, 2024, or earlier: ............................................... 8-18 Notification of Corrective Actions ................................................. 8-18 The following is applicable to HAP contracts executed or renewed June 6, 2024, or later: ..................................................................... 8-18 Notification of Corrective Actions [24 CFR 982.404(d)(1)].......... 8-18 Extensions....................................................................................... 8-20 Reinspections [24 CFR 982.405(i)]................................................ 8-20 8-II.G. Enforcing Owner Compliance .............................................................. 8-21 The following is applicable to HAP contracts executed or renewed June 5, 2024, or earlier: .................................................................. 8-21 HAP Abatement.............................................................................. 8-21 HAP Contract Termination............................................................. 8-21 The following is applicable to HAP contracts executed
or renewed June 6, 2024, or later:................................................... 8-22 HAP Withholding [24 CFR 982.404(d)(1)].................................... 8-22 HAP Abatement [24 CFR 982.404(d)(2)] ...................................... 8-22 HAP Contract Termination............................................................. 8-22 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)].......... 8-23 The following is applicable to HAP contracts executed or renewed June 5, 2024, or earlier: .................................................................. 8-23 The following is applicable to HAP contracts executed or renewed June 6, 2024, or later: ..................................................................... 8-23 Administrative Plan -Table of Contents
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PART III: RENT REASONABLENESS [24 CFR 982.507]................................................. 8-24 8-III.A. Overview............................................................................................... 8-24 PHA-Owned Units [24 CFR 982.352(b)]....................................... 8-24 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-24 Owner-Initiated Rent Determinations............................................. 8-24 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-25 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-25 8-III.C. How Comparability Is Established ....................................................... 8-25 Factors to Consider......................................................................... 8-25 Units that Must Not be Used as Comparables................................ 8-26 Rents Charged for Other Units on the Premises............................. 8-26 8-III.D. PHA Rent Reasonableness Methodology............................................. 8-26 How Market Data Is Collected ....................................................... 8-26 How Rents Are Determined............................................................ 8-26 Exhibit 8-1: Affirmative Habitability Requirements ................................................................ 8-28 Administrative Plan -Table of Contents
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Chapter 9
GENERAL LEASING POLICIES
9-I.A. Tenant Screening .................................................................................... 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517
and 24 CFR 982.302].............................................................................. 9-3 9-I.C. Owner Participation................................................................................ 9-4 9-I.D. Eligible Units.......................................................................................... 9-5 Ineligible Units [24 CFR 982.352(a)]............................................... 9-5 PHA-Owned Units [24 CFR 982.352(b)]......................................... 9-5 Special Housing Types [24 CFR 982 Subpart M]............................ 9-5 Duplicative Assistance [24 CFR 982.352(c)]................................... 9-6 Initial Inspection ............................................................................... 9-6 Unit Size ........................................................................................... 9-7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]........ 9-7 Rent Burden [24 CFR 982.508]........................................................ 9-7 9-I.E. Lease and Tenancy Addendum............................................................... 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308]................. 9-8 Lease Information [24 CFR 982.308(d)].......................................... 9-8 Term of Assisted Tenancy................................................................ 9-9 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9-9 Separate Non-Lease Agreements between Owner and Tenant....... 9-10 PHA Review of Lease .................................................................... 9-11 9-I.F. Tenancy Approval [24 CFR 982.305] .................................................. 9-12 9-I.G. HAP Contract Execution [24 CFR 982.305]........................................ 9-13 9-I.H. Changes in Lease or Rent [24 CFR 982.308]....................................... 9-15 Administrative Plan -Table of Contents
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Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: MOVING WITH CONTINUED ASSISTANCE................................................. 10-1 10-I.A. Allowable Moves.................................................................................. 10-1 10-I.B. Family Moves Due to Unit Deficiencies.............................................. 10-3 Units in Abatement [24 CFR 982.404(d)(3)] ................................. 10-3 Termination of HAP Contract and Family Moves
[24 CFR 982.404(e)]....................................................................... 10-3 Offer of Public Housing [24 CFR 982.404(e)(2)] .......................... 10-4 Relocation Assistance [24 CFR 982.404(e)(3)].............................. 10-4 10-I.C. Restrictions On Moves ......................................................................... 10-5 Denial of Moves ............................................................................. 10-5 Restrictions on Elective Moves [24 CFR 982.354(c)].................... 10-6 10-I.D. Moving Process .................................................................................... 10-7 Notification..................................................................................... 10-7 Approval ......................................................................................... 10-7 Reexamination of Family Income and Composition...................... 10-7 Voucher Issuance and Briefing....................................................... 10-7 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10-8 Zero HAP Families Who Wish to Move [24 CFR 982.455].......... 10-8 PART II: PORTABILITY .................................................................................................... 10-9 10-II.A. Overview............................................................................................... 10-9 10-II.B. Initial PHA Role ................................................................................. 10-10 Allowable Moves under Portability.............................................. 10-10 Determining Income Eligibility.................................................... 10-11 Reexamination of Family Income and Composition.................... 10-11 Briefing......................................................................................... 10-12 Voucher Issuance and Term ......................................................... 10-12 Voucher Extensions and Expiration ............................................. 10-13 Preapproval Contact with the Receiving PHA ............................. 10-13 Initial Notification to the Receiving PHA .................................... 10-13 Sending Documentation to the Receiving PHA ........................... 10-14 Initial Billing Deadline [Notice PIH 2016-09]............................. 10-15 Monthly Billing Payments [Notice PIH 2016-09]........................ 10-16 Annual Updates of Form HUD-50058 ......................................... 10-16 Denial or Termination of Assistance [24 CFR 982.355(c)(17)]... 10-16 10-II.C. Receiving PHA Role........................................................................... 10-17 Responding to Initial PHA’s Request [24 CFR 982.355(c)]........ 10-17 Initial Contact with Family........................................................... 10-17 Briefing......................................................................................... 10-18 Income Eligibility and Reexamination ......................................... 10-18 Voucher Issuance.......................................................................... 10-19 Notifying the Initial PHA ............................................................. 10-20 Administering a Portable Family’s Voucher................................ 10-20 Absorbing a Portable Family........................................................ 10-24 Administrative Plan -Table of Contents
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Chapter 11.A.
REEXAMINATIONS
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11-1 11-I.A. Overview ............................................................................................... 11-1 11-I.B. Streamlined Annual Reexaminations
[24 CFR 982.516(b); New HCV GB, Reexaminations] ....................... 11-2 11-I.C. Scheduling Annual Reexaminations ..................................................... 11-3 Notification of and Participation in the Annual
Reexamination Process ................................................................... 11-3 11-I.D. Conducting Annual Reexaminations .................................................... 11-4 11-I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11-6 11-I.F. Effective Dates ...................................................................................... 11-7 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516] ........................................... 11-9 11-II.A. Overview ............................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ................................. 11-9 New Family Members Not Requiring PHA Approval ................... 11-9 New Family and Household Members Requiring Approval ........ 11-10 Departure of a Family or Household Member .............................. 11-11 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] ................................................................ 11-11 11-II.C. Changes Affecting Income or Expenses ............................................. 11-12 PHA-Initiated Interim Reexaminations ........................................ 11-12 Family-Initiated Interim Reexaminations ..................................... 11-13 11-II.D. Processing the Interim Reexamination ............................................... 11-14 Method of Reporting ..................................................................... 11-14 Effective Dates .............................................................................. 11-14 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-15 11-III.A. Overview ............................................................................................. 11-15 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-15 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24] ...... 11-15 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-15 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-15 11-III.C. Notification of New Family Share and HAP Amount ........................ 11-16 11-III.D. Discrepancies ...................................................................................... 11-16 Administrative Plan -Table of Contents
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Chapter 11.B.
REEXAMINATIONS UNDER HOTMA 102/104
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ........................................... 11-1 11-I.A. Overview ............................................................................................... 11-1 11-I.B. Scheduling Annual Reexaminations ..................................................... 11-2 Notification of and Participation in the Annual
Reexamination Process ................................................................... 11-2 11-I.C. Conducting Annual Reexaminations .................................................... 11-3 11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] ........................................................................ 11-5 11-I.E. Calculating Annual Income at Annual Reexamination [24 CFR 5.609(c)(2) and Notice PIH 2023-27] .................................... 11-6 11-I.F. Effective Dates ...................................................................................... 11-8 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27] ........ 11-9 11-II.A. Overview ............................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ................................. 11-9 Reporting ........................................................................................ 11-9 New Family Members Not Requiring PHA Approval ................... 11-9 New Family and Household Members Requiring Approval ........ 11-10 Departure of a Family or Household Member .............................. 11-11 Changes in Family Unit Size (Voucher Size)
[24 CFR 982.505(c)(6)] ................................................................ 11-11 11-II.C. Changes Affecting Income or Expenses ............................................. 11-12 Overview ....................................................................................... 11-12 Interim Decreases [24 CFR 982.516(c)(2)
and Notice PIH 2023-27] .............................................................. 11-12 Interim Increases [24 CFR 982.516(c)(3) and
Notice PIH 2023-27] ..................................................................... 11-13 11-II.D. Effective Dates [24 CFR 982.516(e) and Notice 2023-27] ................ 11-16 Changes Reported Timely [Notice PIH 2023-27] ........................ 11-16 Changes Not Reported Timely [Notice PIH 2023-27] ................. 11-16 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-19 11-III.A. Overview ............................................................................................. 11-19 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-19 Payment Standards [24 CFR 982.505 and FR Notice 5/7/24] ...... 11-19 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-19 Utility Allowances [24 CFR 982.517(d)] ..................................... 11-19 11-III.C. Notification of New Family Share and HAP Amount ........................ 11-20 11-III.D. Discrepancies ...................................................................................... 11-20 PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS
[Notice PIH 2023-27] ......................................................................................... 11-21 Exhibit 11-1: Calculating Income at Annual Reexamination ................................................... 11-23 Administrative Plan -Table of Contents
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Chapter 12
TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12-1 12-I.A. Overview............................................................................................... 12-1 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455]................. 12-1 12-I.C. Family Chooses to Terminate Assistance............................................. 12-2 12-I.D. Mandatory Termination of Assistance.................................................. 12-2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]................ 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)]...................... 12-3 Upon the PHA’s HOTMA 102/104 compliance date,
the below policy on failure to provide consent is added: ............... 12-3 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] ..................................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-24] ........................................ 12-3 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)]............................................................. 12-4 Lifetime Registered Sex Offenders [Notice PIH 2012-28] ............ 12-4 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]................. 12-4 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-9]......................................................................... 12-4 12-I.E. Mandatory Policies and Other Authorized Terminations..................... 12-5 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)].............. 12-5 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), 24 CFR 5.2005(c), 24 CFR 984.101(d)] ...... 12-7 Upon the PHA’s HOTMA 102/104 compliance date, the below section on the asset limitation is added: ......................................... 12-8 Asset Limitation [24 CFR 5.618; Notice PIH 2023-27]................. 12-8 PART II: APPROACH TO TERMINATION OF ASSISTANCE..................................... 12-11 12-II.A. Overview............................................................................................. 12-11 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ............................... 12-11 12-II.C. Alternatives to Termination of Assistance ......................................... 12-11 Change in Household Composition.............................................. 12-11 Repayment of Family Debts......................................................... 12-11 12-II.D. Criteria for Deciding to Terminate Assistance ................................... 12-12 Evidence ....................................................................................... 12-12 Use of Criminal Conviction Records
after Admission [24 CFR 5.903] .................................................. 12-12 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)]........ 12-12 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]........... 12-13 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking................................ 12-14 VAWA Protections against Terminations.................................... 12-14 Administrative Plan -Table of Contents
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Limitations on VAWA Protections
[24 CFR 5.2005(d) and (e)] .......................................................... 12-15 Documentation of Abuse [24 CFR 5.2007].................................. 12-16 Terminating the Assistance of a Domestic
Violence Perpetrator..................................................................... 12-16 12-II.F. Termination Notice............................................................................. 12-18 PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12-19 12-III.A. Overview............................................................................................. 12-19 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310, 24 CFR 5.2005(c), and
Form HUD-52641-A, Tenancy Addendum]....................................... 12-19 Serious or Repeated Lease Violations.......................................... 12-19 Violation of Federal, State, or Local Law .................................... 12-19 Criminal Activity or Alcohol Abuse............................................. 12-19 Other Good Cause......................................................................... 12-20 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] .......................................................................... 12-21 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12-22 12-III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12-22 Exhibit 12-1:Statement of Family Obligations........................................................................ 12-23 Administrative Plan -Table of Contents
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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 Education and Outreach.................................................................. 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 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ....... 13-8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19;
Form HUD-52641, Section 13] ...................................................... 13-8 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)]........................................ 13-10 Legal Ownership of Unit .............................................................. 13-11 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641]................ 13-11 PART II: HAP CONTRACTS............................................................................................ 13-13 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............................................... 13-19 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641]...................................................................................... 13-20 13-II.G. Foreclosure [Notice PIH 2010-49] ..................................................... 13-21 Administrative Plan -Table of Contents
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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 PHA Reimbursement to Family [HCV GB p. 22-12]..................... 14-8 Prohibited Actions.......................................................................... 14-9 Penalties for Program Abuse .......................................................... 14-9 14-II.C. Owner-Caused Error or Program Abuse............................................. 14-10 Owner Reimbursement to the PHA .............................................. 14-10 Prohibited Owner Actions ............................................................ 14-10 Remedies and Penalties ................................................................ 14-11 14-II.D. PHA-Caused Errors or Program Abuse.............................................. 14-12 De Minimis Errors [24 CFR 5.609(c)(4)]..................................... 14-12 Prohibited Activities..................................................................... 14-13 14-II.E. Criminal Prosecution .......................................................................... 14-14 14-II.F. Fraud and Program Abuse Recoveries ............................................... 14-14 Administrative Plan -Table of Contents
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Chapter 15
SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M; New HCV GB, Special Housing Types] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605; Form HUD-52641; New HCV GB, Special Housing Types, p. 4]....................... 15-3 15-I.A. Overview............................................................................................... 15-3 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-3 15-I.C. SRO: Housing Quality Standards [24 CFR 982.605(a)] ...................... 15-3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609; Form HUD-52641; New HCV GB, Special Housing Types, p. 6]....................... 15-5 15-II.A. Overview............................................................................................... 15-5 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-6 15-II.C. Congregate: Housing Quality Standards .............................................. 15-6 PART III: GROUP HOME [24 CFR 982.610 through 982.614; Form HUD-52641; and New HCV GB, Special Housing Types, p. 8]................................................ 15-7 15-III.A. Overview............................................................................................... 15-7 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-7 15-III.C. Group Home: Housing Quality Standards............................................ 15-8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD-52641; Notice PIH 2021-05; New HCV GB, Special Housing Types, p. 11]................ 15-11 15-IV.A. Overview............................................................................................. 15-11 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-13 15-IV.C. Shared Housing: Housing Quality Standards..................................... 15-14 PART V: COOPERATIVE HOUSING [24 CFR 982.619; New HCV GB, Special Housing Types, p. 14]............................................................................ 15-15 15-V.A. Overview............................................................................................. 15-15 15-V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-15 15-V.C. Cooperative: Housing Quality Standards ........................................... 15-16 Administrative Plan -Table of Contents
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PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17; New HCV GB, Special Housing Types, p. 15;] ................. 15-17 15-VI.A. Overview............................................................................................. 15-17 15-VI.B. Special Requirements for Manufactured Home Owners Who Lease A Space............................................................................ 15-17 Family Income .............................................................................. 15-17 Lease and HAP Contract .............................................................. 15-17 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15-18 Payment Standards........................................................................ 15-18 Utility Allowance [24 CFR 982.624] ........................................... 15-18 Space Rent [24 CFR 982.622]...................................................... 15-18 Amortization Costs....................................................................... 15-18 Housing Assistance Payment [24 CFR 982.623(a)]..................... 15-18 Eligible Housing Expenses [24 CFR 982.623(b)]........................ 15-19 Rent Reasonableness [24 CFR 982.622(b)].................................. 15-19 Distribution of HAP [24 CFR 982.623(c)]................................... 15-20 Single HAP to Family [24 CFR 982.623.(d)]............................... 15-20 15-VI.D. Manufactured Homes: Housing Quality Standards
[24 CFR 982.621]............................................................................... 15-20 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643]................................ 15-21 15-VII.A.Overview [24 CFR 982.625] .............................................................. 15-21 15-VII.B. Family Eligibility [24 CFR 982.627].................................................. 15-22 15-VII.C. Selection of Families [24 CFR 982.626]............................................ 15-24 15-VII.D.Eligible Units [24 CFR 982.628]........................................................ 15-25 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629]............................................................................... 15-27 15-VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15-28 15-VII.G.Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631]..................................................................... 15-29 Home Inspections ......................................................................... 15-29 Contract of Sale ............................................................................ 15-30 Disapproval of a Seller ................................................................. 15-30 15-VII.H.FINANCING [24 CFR 982.632]........................................................ 15-31 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633]............................................................................... 15-32 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]......... 15-33 15-VII.K.Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635]............................................................... 15-34 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553]............................................................................... 15-36 15-VII.M. Moving with Continued Assistance [24 CFR 982.637].................... 15-37 15-VII.N.Denial or Termination of Assistance [24 CFR 982.638].................... 15-38 Administrative Plan -Table of Contents
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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; and Notice PIH 2024-34]...................................................................... 16-5 Small Area FMR PHAs (Mandatory and Opt-In)
[Notice PIH 2018-01; Notice PIH 2023 32;
Notice PIH 2024-34; and Implementing Small Area
Fair Market Rents (SAFMR) Guidebook]...................................... 16-6 The Basic Range [24 CFR 982.503(c) and
Notice PIH 2024-34]....................................................................... 16-7 Designated Payment Standard Areas [24 CFR 982.503(d),
Notice PIH 2018-01, Notice PIH 2024-34, and
FR Notice 9/27/21] ......................................................................... 16-7 Exception Payment Standards [24 CFR 982.503(c)(5),
Notice PIH 2018-01, FR Notice 9/27/21]....................................... 16-7 Reasonable Accommodation [24 CFR 982.503(d)(5), 24 CFR
982.505(d), Notice PIH 2024 34, and Notice PIH 2010-26].......... 16-9 Payment Standard below the Basic Range
[24 CFR 982.503(e) and Notice PIH 2024-34] .............................. 16-9 Updating Payment Standards [24 CFR 982.503(c)(3) and
Notice PIH 2023-24]....................................................................... 16-9 16-II.C. Utility Allowances [24 CFR 982.517]................................................ 16-11 Energy Efficient Utility Allowance
[24 CFR 982.517(b)(2)(ii)]........................................................... 16-11 Air Conditioning [24 CFR 982.517(b)(1)(iii)] ............................. 16-11 Reasonable Accommodation and Individual Relief ..................... 16-12 Utility Allowance Revisions......................................................... 16-12 PART III: INFORMAL REVIEWS AND HEARINGS...................................................... 16-13 16-III.A. Overview............................................................................................. 16-13 16-III.B. Informal Reviews................................................................................ 16-13 Decisions Subject to Informal Review
[24 CFR 982.554(a) and (c)] ........................................................ 16-13 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16-14 Scheduling an Informal Review ................................................... 16-14 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16-14 Remote Informal Reviews [Notice PIH 2020-32]........................ 16-15 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-15 Conducting Remote Informal Reviews ........................................ 16-16 Informal Review Decision [24 CFR 982.554(b)]......................... 16-17 Administrative Plan -Table of Contents
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16-III.C. Informal Hearings for Participants [24 CFR 982.555]....................... 16-18 Decisions Subject to Informal Hearing......................................... 16-18 Remote Informal Hearings [Notice PIH 2020-32] ....................... 16-19 Ensuring Accessibility for Persons with Disabilities
and LEP Individuals ..................................................................... 16-20 Conducting Informal Hearings Remotely..................................... 16-21 Informal Hearing Procedures........................................................ 16-22 16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514]................................................................................... 16-29 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] ........................................................................ 16-29 USCIS Appeal Process [24 CFR 5.514(e)]................................... 16-30 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)]......................................................................... 16-30 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)]......................................................................... 16-32 Retention of Documents [24 CFR 5.514(h)] ................................ 16-32 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16-33 16-IV.A. Overview............................................................................................. 16-33 16-IV.B. Repayment Policy............................................................................... 16-33 Owner Debts to the PHA .............................................................. 16-33 Family Debts to the PHA.............................................................. 16-34 Criminal Prosecution for Program Fraud/Abuse .......................... 16-34 Refusal to Enter into an Agreement.............................................. 16-34 Repayment Agreement [24 CFR 792.103]................................... 16-34 General Repayment Agreement Guidelines for Families............. 16-35 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......... 16-39 16-V.A. Overview............................................................................................. 16-39 16-V.B. SEMAP Certification [24 CFR 985.101]............................................ 16-40 HUD Verification Method............................................................ 16-40 16-V.C. SEMAP Indicators [24 CFR 985.3 and Form HUD-52648] .............. 16-41 SEMAP Indicators Chart .............................................................. 16-41 PART VI: RECORD KEEPING ......................................................................................... 16-45 16-VI.A. Overview............................................................................................. 16-45 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101] ..................... 16-45 16-VI.C. Records Management ......................................................................... 16-46 Privacy Act Requirements [24 CFR 5.212 and Form-9886-A].... 16-46 Upfront Income Verification (UIV) Records ............................... 16-47 Criminal Records.......................................................................... 16-47 Medical/Disability Records.......................................................... 16-47 Documentation of Domestic Violence,
Dating Violence, Sexual Assault, Stalking
or Human Trafficking ................................................................... 16-47 Administrative Plan -Table of Contents
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PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN
WITH ELEVATED BLOOD LEAD LEVEL ................................................... 16-49 16-VII.A.Overview............................................................................................. 16-49 16-VII.B.Reporting Requirement [24 CFR 35.1225(e) );
Notice PIH 2017-13]........................................................................... 16-49 16-VII.C.Data Collection and Record Keeping [24 CFR 35.1225(f)]............... 16-49 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16-51 16-VIII.A. Overview........................................................................................... 16-51 16-VIII.B. Methodology..................................................................................... 16-51 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY................................................... 16-53 16-IX.A. Overview ............................................................................................. 16-53 16-IX.B. Definitions [24 CFR 5.2003]............................................................... 16-53 16-IX.C. Notification [24 CFR 5.2005(a), 42 USC 13925] ............................... 16-55 Notification to Public.................................................................... 16-55 Notification to Program Applicants and Participants
[24 CFR 5.2005(a)(1)].................................................................. 16-56 Notification to Owners and Managers.......................................... 16-57 16-IX.D. Documentation [24 CFR 5.2007]........................................................ 16-58 Conflicting Documentation [24 CFR 5.2007(e)].......................... 16-59 Discretion to Require No Formal Documentation
[24 CFR 5.2007(d)] ...................................................................... 16-59 Failure to Provide Documentation [24 CFR 5.2007(c)]............... 16-60 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)].................................... 16-60 Exhibit 16-1:Sample Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 ............................................................. 16-61 Exhibit 16-2:Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382 ............................ 16-67 Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking (HCV Version) .......................... 16-69 Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, Form HUD-5383 ...................... 16-73 Exhibit 16-5: Model Owner Notification of Rights and Obligations ...................................... 16-77 Administrative Plan -Table of Contents
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Chapter 17
PROJECT-BASED VOUCHERS
PART I: GENERAL REQUIREMENTS............................................................................ 17-3 17-I.A. Overview [24 CFR 983.5] .................................................................... 17-3 17-I.B. PBV Definitions [24 CFR 983.3] ......................................................... 17-4 17-I.C. Maximum Number of PBV Units (Percentage Limitation) [24 CFR 983.6]..................................................................................... 17-7 Program Cap ................................................................................... 17-7 Increased Cap [24 CFR 983.6(d)]................................................... 17-7 17-I.D. Cap on Number of PBV Units in Each Project [24 CFR 983.54] ........ 17-9 Project Cap [24 CFR 983.54(a)]..................................................... 17-9 Higher Project Cap [24 CFR 983.54(b)]......................................... 17-9 Exceptions to the Project Cap [24 CFR 983.54(c)]........................ 17-9 Units that No Longer Qualify as Excepted Units or Units under the Increased Program Cap [24 CFR 983.262(b)].............. 17-10 17-I.E. Units not Subject to the PBV Program Cap or Project Cap [FR Notice 1/18/17 and 24 CFR 983.59]............................................ 17-12 17-I.F. PHA-Owned Units [24 CFR 982.4 and 983.57]................................. 17-14 17-I.G. Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2]................................................................................... 17-15 17-I.H. Relocation Requirements [24 CFR 983.7].......................................... 17-15 17-I.I. Equal Opportunity Requirements [24 CFR 983.8]............................. 17-16 PART II: PROPOSAL AND PROJECT SELECTION...................................................... 17-17 17-II.A. Overview............................................................................................. 17-17 Selection of PHA-Owned Units [24 CFR 983.51(h)]................... 17-17 17-II.B. Competitive Selection Of Proposals [24 CFR 983.51(b)].................. 17-17 Solicitation and Selection of PBV Proposals
[24 CFR 983.51(d)] ...................................................................... 17-18 17-II.C. Non-Competitive Project Selection [24 CFR 983.51(c)] ................... 17-22 17-II.D. Project or Proposal Selection [24 CFR 983.51(f) and 24 CFR 983.153(c)(3)] ....................................................................... 17-24 PHA Written Notice of Proposal or Project Selection
[24 CFR 983.51(f) and (h) and 24 CFR 983.153(c)(3)] ............... 17-24 17-II.E. Housing Type [24 CFR 983.52] ......................................................... 17-27 17-II.F. Prohibition of Assistance For Certain Units....................................... 17-28 Ineligible Units [24 CFR 983.52]................................................. 17-28 Subsidized Housing [24 CFR 983.53].......................................... 17-29 Administrative Plan -Table of Contents
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17-II.G. Subsidy Layering Requirements [24 CFR 983.11,
24 CFR 983.153(b), 24 CFR 4.13, Notice PIH 2013-11,
and FR Notice 3/13/23] ...................................................................... 17-30 Development Activity Before HAP Contract
[24 CFR 983.153(b)] .................................................................... 17-30 Conducting the SLR [FR Notice 3/3/23 and
Notice PIH 2023-15]..................................................................... 17-30 Additional Assistance after HAP Contract
[24 CFR 983.11(d)] ...................................................................... 17-31 17-II.H. Site Selection Standards ..................................................................... 17-32 Compliance with PBV Goals, Civil Rights Requirements,
and Site and Neighborhood Standards [24 CFR 983.55(b)]......... 17-32 Existing and Rehabilitated Housing Site and
Neighborhood Standards [24 CFR 983.55(d)].............................. 17-33 New Construction Site and Neighborhood Standards
[24 CFR 983.55(e)]....................................................................... 17-34 17-II.I. Environmental Review [24 CFR 983.56]........................................... 17-35 PART III: DWELLING UNITS........................................................................................... 17-37 17-III.A. Overview............................................................................................. 17-37 17-III.B. Housing Quality Standards [24 CFR 983.101]................................... 17-37 Lead-based Paint [24 CFR 983.101(c)]........................................ 17-37 Housing Quality and Design Requirements
[24 CFR 983.101(e) and 983.208(a)] ........................................... 17-37 17-III.C. Housing Accessibility for Persons with Disabilities [24 CFR 983.102]............................................................................... 17-38 17-III.D. Inspecting Units[24 CFR 983.103]..................................................... 17-38 Pre-selection Inspection [24 CFR 983.103(a)]............................. 17-38 Initial Inspection: Newly Constructed and
Rehabilitated Projects That Underwent Substantial
Improvement [24 CFR 983.103(b)].............................................. 17-38 Initial Inspection: Existing Housing [24 CFR 983.103(d)] .......... 17-39 Turnover Inspections [24 CFR 983.103(d)................................... 17-39 Periodic Inspections [24 CFR 983.103(e); FR Notice 6/25/14] ... 17-39 Alternative Inspections for Periodic Inspections
[24 CFR 983.103(g); Notice PIH 2016-05].................................. 17-40 Interim Inspections [24 CFR 983.103(f)]..................................... 17-40 Follow Up Inspections [24 CFR 983103(f)(2)]............................ 17-40 Supervisory Quality Control Inspections
[24 CFR 983.103(f)(3)] ................................................................ 17-40 Inspecting PHA-Owned Units [24 CFR 983.103(g)] ................... 17-40 Administrative Plan -Table of Contents
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PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS......................... 17-41 17-IV.A. Overview [24 CFR 983.151 and 983.152].......................................... 17-41 17-IV.B. Agreement to Enter into HAP Contract (AHAP)
[24 CFR 983.154]............................................................................... 17-41 PHA Discretion Not to Use an AHAP [24 CFR 983.154(f)] ....... 17-42 Content of the AHAP [24 CFR 983.154(e)]................................. 17-43 Execution of the AHAP [FR Notice 11/24/08]............................. 17-43 17-IV.C. Development Requirements................................................................ 17-44 Labor Standards [24 CFR 983.153(c)] ......................................... 17-44 Accessibility [24 CFR 983.153(e)]............................................... 17-44 Broadband Infrastructure [24 CFR 983.153(f)]............................ 17-45 Owner Disclosure [24 CFR 983.153(g)] ...................................... 17-45 17-IV.D. Completion of Work [24 CFR 983.155]............................................. 17-46 Evidence of Completion [24 CFR 983.155]................................. 17-46 PHA Acceptance of Completed Units
[24 CFR 983.156(a) and (b)] ........................................................ 17-47 Staged Completion of Contract Units [24 CFR 983.156(c)]........ 17-47 PART V: HOUSING ASSISTANCE PAYMENTS (HAP) CONTRACT......................... 17-48 17-V.A. Overview [24 CFR 983.202(a)].......................................................... 17-48 17-V.B. HAP Contract Requirements .............................................................. 17-48 Contract Information [24 CFR 983.204] ...................................... 17-48 Execution of the HAP Contract [24 CFR 983.204]...................... 17-49 Effective Date of the HAP Contract [24 CFR 983.204(d)] .......... 17-49 Term of HAP Contract [24 CFR 983.205,
FR Notice 1/18/17, and Notice PIH 2017-21].............................. 17-50 17-V.C. Termination of the HAP Contract....................................................... 17-51 Termination by Agreement of PHA and Owner
[24 CFR 983.206(e)]..................................................................... 17-51 Termination by PHA [24 CFR 983.205(c)].................................. 17-51 Non-extension by Owner – Notice Requirements
[24 CFR 983.206(a)]..................................................................... 17-51 Termination by Owner – Reduction Below Initial
Contract Rent [24 CFR 983.206(d)]............................................. 17-52 Termination or Expiration without Extensions – Required Provision of Tenant-Based Assistance [24 CFR 983.206(b)] ...... 17-52 Remedies for Housing Quality Standards Deficiencies
[24 CFR 983.208]......................................................................... 17-54 Enforcement of Housing Quality Standards
[24 CFR 983.208(b)] .................................................................... 17-54 Family Obligation [24 CFR 983.208(c)] ...................................... 17-55 PHA Remedies [24 CFR 983.208(d)]........................................... 17-56 HAP Withholding [24 CFR 983.208(d)(1)................................... 17-57 HAP Abatement [24 CFR 983.208(d)(2)] .................................... 17-57 Failure to Make Repairs................................................................ 17-58 Offer of Public Housing [24 CFR 983.208(d)(6)(ii)]................... 17-58 Relocation Assistance [24 CFR 983.208(d)(6)(iii)] ..................... 17-59 Administrative Plan -Table of Contents
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17-V.D. Amendments to the HAP Contract to Add or Substitute Units [24 CFR 983.207]............................................................................... 17-60 Addition of Contract Units [24 CFR 983.207(b)] ........................ 17-60 Substituting or Adding Occupied Units [24 CFR 983.207(c)]..... 17-61 17-V.E. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.207(b)(2) and (g) and 983.302(e)]................................ 17-61 17-V.F. Owner Responsibilities Under the HAP Contract
[24 CFR 983.210]............................................................................... 17-62 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS...................................... 17-64 17-VI.A. Overview............................................................................................. 17-64 17-VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............ 17-64 In-Place Families [24 CFR 983.251(b)] ....................................... 17-65 17-VI.C. Organization of the Waiting List
[24 CFR 983.251(c)]........................................................................... 17-66 PHA Waiting List Preferences [24 CFR 983.251(c)(3)] .............. 17-67 17-VI.D. Owner-Maintained Waiting Lists [24 CFR 983.251(c)(7)]................ 17-68 Owner Waiting List Policy [24 CFR 983.251(c)(7)(i)]................ 17-69 Owner-Maintained Waiting List Preferences
[24 CFR 983.251(c)(7)(ii)]........................................................... 17-70 Preliminary Eligibility Determinations
[24 CFR 983.251(c)(7)(vi)] .......................................................... 17-70 PHA Oversight [24 CFR 983.251(c)(7)(x)].................................. 17-71 17-VI.E. Selection From the Waiting List [24 CFR 983.251(c)]...................... 17-72 Income Targeting [24 CFR 983.251(c)(9)] .................................. 17-72 Units with Accessibility Features [24 CFR 983.251(c)(9)].......... 17-72 17-VI.F. Offer of PBV Assistance or Owner’s Rejection ................................. 17-73 Refusal of Offer [24 CFR 983.251(e)] ......................................... 17-73 Acceptance of Offer [24 CFR 983.252(a) and (b)]....................... 17-74 17-VI.G. Leasing of Contract Units [24 CFR 983.252]..................................... 17-75 Filling Vacancies [24 CFR 983.254(a)]........................................ 17-75 Reduction in HAP Contract Units Due to Vacancies
[24 CFR 983.254(b)] .................................................................... 17-76 17-VI.H. Tenant Screening [24 CFR 983.255].................................................. 17-77 PHA Option .................................................................................. 17-77 Owner Responsibility ................................................................... 17-77 Administrative Plan -Table of Contents
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PART VII: OCCUPANCY.................................................................................................... 17-79 17-VII.A.Overview............................................................................................. 17-79 17-VII.B.Lease [24 CFR 983.256]..................................................................... 17-79 Form of Lease [24 CFR 983.256(b)]............................................ 17-79 Lease Requirements [24 CFR 983.256(c)]................................... 17-79 Tenancy Addendum [24 CFR 983.256(d)]................................... 17-80 Initial Term and Lease Renewal [24 CFR 983.256(f)]................. 17-80 Changes in the Lease [24 CFR 983.256(e)].................................. 17-80 Owner Termination of Tenancy [24 CFR 983.257] ..................... 17-81 Continuation of Housing Assistance Payments
[24 CFR 983.258] ........................................................................ 17-81 Security Deposits [24 CFR 983.259]............................................ 17-82 17-VII.C.Moves ................................................................................................. 17-83 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.260]......................................................................... 17-83 Family Right to Move [24 CFR 983.261] .................................... 17-85 Emergency Transfers under VAWA
[Notice PIH 2017-08 and 24 CFR 983.261(f) and (g)] ................ 17-86 PART VIII: DETERMINING RENT TO OWNER ............................................................... 17-87 17-VIII.A. Overview [24 CFR 983.301(a)]........................................................ 17-87 17-VIII.B. Amount of Rent To Owner [24 CFR 983.301(b)] ............................ 17-87 Rent to Owner for Certain Tax Credit Units
[24 CFR 983.301(c)]..................................................................... 17-87 Use of FMRs, Exception Payment Standards,
and Utility Allowances [24 CFR 983.301(f)]............................... 17-88 Use of Small Area FMRs (SAFMRs)
[24 CFR 888.113(h) and 24 CFR 983.301(f)(3)] ......................... 17-89 17-VIII.C. Redetermination of Rent to Owner [24 CFR 983.302]..................... 17-90 PHA-Owned Units [24 CFR 983.301(g)]..................................... 17-92 17-VIII.D. Reasonable Rent [24 CFR 983.301(d) and 983.303]........................ 17-93 When Rent Reasonable Determinations Are Required ................ 17-93 Rent Floor..................................................................................... 17-93 How to Determine Reasonable Rent [24 CFR 983.303(c)].......... 17-94 PHA-Owned Units [24 CFR 983.303(f)]...................................... 17-94 Owner Certification of Reasonable Rent [24 CFR 983.303(e)] ... 17-94 17-VIII.E. Effect of Other Subsidy and Rent Control........................................ 17-95 Other Subsidy [24 CFR 983.304]................................................. 17-95 Rent Control [24 CFR 983.305] ................................................... 17-95 Administrative Plan -Table of Contents
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PART IX: PAYMENTS TO OWNER................................................................................. 17-97 17-IX.A. Housing Assistance Payments [24 CFR 983.351].............................. 17-97 17-IX.B. Vacancy Payments [24 CFR 983.352]................................................ 17-98 Payment at Move-Out Month [24 CFR 983.352(a)] .................... 17-98 Vacancy Payments [24 CFR 983.352(b)]..................................... 17-98 17-IX.C. Tenant Rent to Owner [24 CFR 983.353] ........................................ 17-101 Tenant and PHA Responsibilities............................................... 17-101 Utility Reimbursements [24 CFR 983.353(d)]........................... 17-101 17-IX.D. Other Fees and Charges [24 CFR 983.354]...................................... 17-102 Meals and Supportive Services................................................... 17-102 Other Charges by Owner ............................................................ 17-102 17-IX.E. Project Record Retention [24 CFR 983.12]...................................... 17-102 Exhibit 17-1: PBV Development Information....................................................................... 17-103 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.................................................................................. 17-106 Administrative Plan -Table of Contents
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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]..................................................................................... 18-7 18-I.D. Relocation Requirements...................................................................... 18-7 18-I.E. Equal Opportunity Requirements [24 CFR 983.8;
24 CFR 5.105; Notice PIH 2016-17].................................................. 18-11 PART II: PBV PROJECT SELECTION ............................................................................ 18-13 18-II.A. Overview............................................................................................. 18-13 18-II.B. Ownership and Control [Notice PIH 2019-23]................................... 18-13 18-II.C. PHA-Owned Units [24 CFR 983.57; FR Notice 1/18/17, and Notice PIH 2017-21].................................................................... 18-15 18-II.D. Subsidy Layering Requirements [Notice PIH 2019-23; Notice PIH 2012-32, REV-3; Notice PIH 2012-32, REV-2] ............. 18-16 18-II.E. PBV Percentage Limitation and Unit Cap
[Notice PIH 2025-03, Supplemental Notice 4C]................................ 18-18 PBV Percentage Limitation .......................................................... 18-18 Cap on the Number of PBV Units in Each Project
[Notice PIH 2025-03, Supplemental Notice 4C].......................... 18-18 18-II.F. Site Selection Standards [Notice PIH 2019-23;
Notice PIH 2016-17]........................................................................... 18-19 18-II.G. Environmental Review [Notice PIH 2019-23; Environmental Review Requirements for RAD Conversions, March 2019].............. 18-19 PART III: DWELLING UNITS........................................................................................... 18-21 18-III.A. Overview............................................................................................. 18-21 18-III.B. Housing Quality Standard [24 CFR 983.101 and 24 CFR 5.703]...... 18-21 18-III.C. Housing Accessibility for Persons with Disabilities [Notice PIH 2016-17] ......................................................................... 18-21 18-III.D. Inspecting Units [24 CFR 983.103].................................................... 18-22 Initial Inspection [RAD Quick Reference Guide,
Notice PIH 2019-23, and Notice PIH 2023-19] ........................... 18-22 Turnover Inspections [24 CFR 983.103(d),
FR Notice 1/18/17, and Notice PIH 2017-20] ............................. 18-22 Periodic Inspections [24 CFR 983.103(e);
FR Notice 6/25/14] ....................................................................... 18-22 Alternative Inspections [24 CFR 983.103(i);
Notice PIH 2016-05]..................................................................... 18-23 Interim Inspections [24 CFR 983.103(e)] .................................... 18-23 Follow Up Inspections [24 CFR 983103(f)(2)]............................ 18-23 Administrative Plan -Table of Contents
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Supervisory Quality Control Inspections
[24 CFR 983.103(f)(3)] ................................................................ 18-23 Inspecting PHA-Owned Units [24 CFR 983.103(g);
Notice PIH 2017-21]..................................................................... 18-23 PART IV: HOUSING ASSISTANCE PAYMENTS (HAP) CONTRACT......................... 18-25 18-IV.A. Overview [RAD PBV Quick Reference Guide 6/20] .......................... 18-25 18-IV.B. HAP Contract Requirements .............................................................. 18-25 Contract Information [RAD PBV Quick Reference Guide 6/20; Notice PIH 2019-23] .................................................................... 18-25 Execution and Effective date of the HAP Contract
[RADBlast! 7/11/16] .................................................................... 18-25 Term of HAP Contract [Notice PIH 2019-23] ............................ 18-25 Agreement to Enter into a HAP (AHAP) Contract
[Notice PIH 2019-23] .................................................................. 18-26 Mandatory Contract Renewal [Notice PIH 2019-23] .................. 18-26 Remedies for Housing Quality Standards Deficiencies
[24 CFR 983.208(b)] ................................................................... 18-27 Enforcement of Housing Quality Standards
[24 CFR 983.208(b)] .................................................................... 18-27 Family Obligation [24 CFR 983.208(c)] ...................................... 18-28 PHA Remedies [24 CFR 983.208(d)]........................................... 18-29 HAP Withholding [24 CFR 983.208(d)(1)................................... 18-29 HAP Abatement [24 CFR 983.208(d)(2)] .................................... 18-30 Failure to Make Repairs................................................................ 18-31 Offer of Public Housing [24 CFR 983.208(d)(6)(ii)]................... 18-31 Relocation Assistance [24 CFR 983.208(d)(6)(iii)] ..................... 18-32 18-IV.C. Amendments to the HAP Contract ..................................................... 18-33 Floating Units [Notice PIH 2019-23] .......................................... 18-33 Reduction in HAP Contract Units [Notice PIH 2019-23] ........... 18-33 18-IV.D. HAP Contract Year and Anniversary Dates
[24 CFR 983.207(b)(2) and (g), and 24 CFR 983.302(e)].................. 18-33 18-IV.E. Owner Responsibilities under the HAP Contract
[24 CFR 983.210]............................................................................... 18-34 PART V: SELECTION OF PBV PROGRAM PARTICIPANTS...................................... 18-35 18-V.A. Overview............................................................................................. 18-35 18-V.B. Prohibited Rescreening of Existing Tenants upon Conversion [Notice PIH 2019-23] ......................................................................... 18-35 18-V.C. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............ 18-36 18-V.D. Organization of the Waiting List [24 CFR 983.251(c); Notice PIH 2019-23]........................................................................... 18-37 18-V.E. Selection from the Waiting List [24 CFR 983.251(c)]....................... 18-38 Income Targeting [24 CFR 983.251(c)(9);
Notice PIH 2019-23] .................................................................... 18-38 Units with Accessibility Features [24 CFR 983.251(c)(9)] ......... 18-39 Preferences [24 CFR 983.251(d); FR Notice 11/24/08;
Notice PIH 2019-23] .................................................................... 18-39 Administrative Plan -Table of Contents
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18-V.F. Offer of PBV Assistance .................................................................... 18-40 Refusal of Offer [24 CFR 983.251(e)] ........................................ 18-40 Acceptance of Offer [24 CFR 983.252(a) and (b)] ...................... 18-41 18-V.G. LEASING OF CONTRACT UNITS [24 CFR 983.252]
[24 CFR 983.253]............................................................................... 18-42 Leasing [24 CFR 983.253(a)] ...................................................... 18-42 Filling Vacancies [24 CFR 983.254(a)] ....................................... 18-42 18-V.H. Tenant Screening [24 CFR 983.255].................................................. 18-42 PHA Option .................................................................................. 18-42 Owner Responsibility ................................................................... 18-43 PART VI: OCCUPANCY.................................................................................................... 18-45 18-VI.A. Overview............................................................................................. 18-45 18-VI.B. Lease [24 CFR 983.256]..................................................................... 18-45 Lease Requirements [24 CFR 983.256(c); Notice PIH 2019-23; Notice PIH 2025-03, Supplemental Notice 4C] ........................... 18-45 Tenancy Addendum [24 CFR 983.256(d)]................................... 18-46 Initial Term and Lease Renewal [24 CFR 983.256(f);
RAD PBV Quick Reference Guide 6/20] ...................................... 18-47 Changes in the Lease [24 CFR 983.256(e)].................................. 18-47 Owner Termination of Tenancy [24 CFR 983.257;
Notice PIH 2019-23]..................................................................... 18-48 Continuation of Housing Assistance Payments
[24 CFR 983.258; Notice PIH 2019-23; Notice PIH 2023-19; RAD Supplemental Notice 4B; RAD PBV Quick Reference
Guide 6/20]................................................................................... 18-49 Security Deposits [24 CFR 983.259;
RAD PBV Quick Reference Guide 6/20] ...................................... 18-51 18-VI.C. Public Housing FSS and ROSS Participants [Notice PIH 2019-23 and Notice PIH 2025-03, Supplemental Notice 4C] .......................... 18-52 18-VI.D. Resident Participation and Funding
[Notice PIH 2019-23] ......................................................................... 18-52 18-VI.E. Moves ................................................................................................. 18-53 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.260; Notice PIH 2019-23]....................................... 18-53 Family Right to Move [24 CFR 983.261] .................................... 18-54 Choice Mobility [Notice PIH 2019-23;
PRRAC Choice Mobility Implementation Guidance, 8/20]......... 18-55 Emergency Transfers under VAWA
[24 CFR 983.261(f) and (g)]......................................................... 18-57 18-VI.F. Reexaminations [RAD PBV Quick Reference Guide 6/20] ................ 18-58 18-VI.G. Residents’ Procedural Rights [Notice PIH 2019-23].......................... 18-59 18-VI.H. Informal Reviews and Hearings [Notice PIH 2019-23] ..................... 18-60 Administrative Plan -Table of Contents
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PART VII: DETERMINING CONTRACT RENT............................................................... 18-61 18-VII.A.Initial Contract Rents [Notice PIH 2019-23]...................................... 18-61 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] .............................. 18-62 Rent Decrease ............................................................................... 18-63 18-VII.C.Utility Allowances [Notice PIH 2019-23;
RAD PBV Quick Reference Guide 6/20] ............................................ 18-63 18-VII.D.Reasonable Rent [[983.301(d) and 24 CFR 983.303] ........................ 18-64 How to Determine Reasonable Rent [24 CFR 983.303(c)].......... 18-64 PART VIII: PAYMENTS TO OWNER................................................................................. 18-65 18-VIII.A. Housing Assistance Payments.......................................................... 18-65 18-VIII.B. Vacancy Payments [24 CFR 983.352].............................................. 18-66 Payment at Move-Out Month [24 CFR 983.352(a)] .................... 18-66 18-VIII.C. Tenant Rent to Owner [24 CFR 983.353; Notice PIH 2019-23]...... 18-68 Initial Certifications [Notice PIH 2019-23].................................. 18-68 Tenant and PHA Responsibilities................................................. 18-68 Utility Reimbursements [24 CFR 983.353(d)]............................. 18-68 18-VIII.D. Phase-In of Tenant Rent Increases [Notice PIH 2012-32; PHA Asset Repositioning “Phase-in of Tenant Rents” Webinar] .... 18-69
18.VIII.E. Other Fees and Charges [24 CFR 983.354] ..................................... 18-70 Meals and Supportive Services..................................................... 18-70 Other Charges by Owner .............................................................. 18-70 Exhibit 18-1:PBV Development Information ......................................................................... 18-71 Administrative Plan -Table of Contents
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Chapter 19
SPECIAL PURPOSE VOUCHERS
PART I: FOSTER YOUTH TO INDEPENDENCE INITIATIVE..................................... 19-1 19-I.A. Program Overview [Notice PIH 2020-28;
Notice PIH 2023-04; FR Notice 1/24/22]............................................. 19-2 19-I.B. Partnering Agencies [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar]................................................ 19-3 Public Child Welfare Agency (PCWA).......................................... 19-3 Continuum of Care (CoC) and Other Partners ............................... 19-3 19-I.C. Youth Eligibility Criteria [Notice PIH 2023-04; FYI Q&As; FYI FAQs]........................................................................ 19-4 19-I.D. Supportive Services [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar; FYI Q&As]............................ 19-5 19-I.E. Referrals and Waiting List Management [Notice PIH 2023-04; FYI Updates and Partnering Opportunities Webinar FYI FAQs] ........ 19-6 Referrals.......................................................................................... 19-6 Waiting List Placement [Notice PIH 2023-04 and FYI FAQs]...... 19-7 Waiting List Selection .................................................................... 19-7 19-I.F. PHA HCV Eligibility Determination [FYI FAQs]............................... 19-8 Additional Eligibility Factors......................................................... 19-8 19-I.G. Lease Up [FR Notice 1/24/22].............................................................. 19-9 Turnover ......................................................................................... 19-9 19-I.H. Maximum Assistance Period
[Notice PIH 2023-04 and FYI FAQs; FR Notice 1/24/22]................. 19-10 Extension of Assistance................................................................ 19-10 Statutory Exceptions..................................................................... 19-10 Education, Workforce Development,
or Employment Activities............................................................. 19-12 FSS Enrollment at 24 Months....................................................... 19-13 FSS Enrollment Between 36 and 48 Months................................ 19-13 FSS Enrollment After 48 Months................................................. 19-14 Extensions of Assistance .............................................................. 19-14 No FSS Program or Unable to Enroll in FSS ............................... 19-14 Verification Prior to Annual Reexam........................................... 19-14 Termination of Assistance for Failure to Meet Conditions\ ......... 19-16 19-I.I. Termination of Assistance [FYI FAQs] ............................................. 19-16 19-I.J. Portability [FYI FAQs]....................................................................... 19-17 19-I.K. Project-Basing FYI Vouchers [FYI FAQs; FR Notice 1/24/22; Notice PIH 2024-03]........................................................................... 19-17 Administrative Plan -Table of Contents
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PART II: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM....... 19-18 19-II.A. Program Overview.............................................................................. 19-18 19-II.B. Referrals [FR Notice 8/13/24 and HUD-VASH Qs and As].............. 19-19 19-II.C. HCV Program Eligibility [FR Notice 8/13/24] .................................. 19-20 Social Security Numbers .............................................................. 19-20 Proof of Age ................................................................................. 19-20 Photo Identification ...................................................................... 19-20 Income Eligibility [FR Notice 8/13/24]........................................ 19-21 Minimum Rent [FR Notice 8/13/24] ............................................ 19-22 Screening [FR Notice 8/13/24]..................................................... 19-22 Denial of Assistance [Notice PIH 2008-37]................................. 19-22 19-II.D. Changes in Family Composition ........................................................ 19-23 Adding Family Members [FR Notice 8/13/24] ............................ 19-23 Remaining Family Members [HUD-VASH Qs and As].............. 19-23 Family Break Up [HUD-VASH Qs and As] ................................ 19-23 19-II.E. Leasing [FR Notice 8/13/24] .............................................................. 19-24 Waiting List .................................................................................. 19-24 Exception Payment Standards [FR Notice 8/13/24]..................... 19-24 Voucher Issuance [FR Notice 8/13/24] ........................................ 19-24 Special Housing Types [FR Notice 8/13/24]................................ 19-25 Initial Lease Term [FR Notice 8/13/24] ....................................... 19-25 Ineligible Housing [[FR Notice 8/13/24]...................................... 19-25 Pre-Inspections [FR Notice 8/13/24]............................................ 19-25 19-II.F. Portability [Notice PIH 2011-53 and FR Notice 8/13/24].................. 19-26 General Requirements .................................................................. 19-26 Portability within the Initial VAMC or DSP’s Catchment Area .. 19-26 Portability Outside of the Initial VAMC
or DSP’s Catchment Area............................................................. 19-26 Portability Outside of the Initial VAMC
or DSP’s Catchment Area under VAWA ..................................... 19-27 19-II.G. Termination of Assistance [FR Notice 8/13/24]................................. 19-28 Cessation of Case Management.................................................... 19-28 Serious Violation of the Lease...................................................... 19-28 VAWA [FR Notice 8/13/24] ........................................................ 19-29 Administrative Plan -Table of Contents
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19-II.H. Project-Basing VASH Vouchers ....................................................... 19-30 General Requirements
[Notice PIH 2017-21 and FR Notice 8/13/24].............................. 19-30 Ineligible Units ............................................................................. 19-30 Termination of Assistance ............................................................ 19-31 Moves ........................................................................................... 19-31 Wrong-Sized or Accessible Units................................................. 19-32 Contract Terminations.................................................................. 19-32 Rents............................................................................................. 19-32 Removing Units from the HAP Contract
for Ineligible Families................................................................... 19-32 Zero HAP Families....................................................................... 19-33 Proposal Project Selection ............................................................ 19-33 Failure to Participate in Case Management
[FR Notice 8/13/24]...................................................................... 19-34 Moves [HUD-VASH Qs and As, FR Notice 8/13/24] ................. 19-34
GLOSSARY
HOTMA 102/104 Appendix to the Administrative Plan
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GLOSSARY
A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ACC Annual contributions contract
ADA Americans with Disabilities Act of 1990
AIDS Acquired immune deficiency syndrome
BR Bedroom
CDBG Community Development Block Grant (Program)
CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”)
CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator)
EIV Enterprise Income Verification
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration (HUD Office of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent
FR Federal Register
FSS Family Self-Sufficiency (Program)
FY Fiscal year
FYE Fiscal year end
GAO Government Accountability Office
GR Gross rent
HA Housing authority or housing agency
HAP Housing assistance payment
HCV Housing choice voucher
HIP Housing Information Portal
HOTMA Housing Opportunity through Modernization Act of 2016 HQS Housing quality standards
HUD Department of Housing and Urban Development
HUDCLIPS HUD Client Information and Policy System
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IPA Independent public accountant
IRA Individual retirement account
IRS Internal Revenue Service
IVT Income Validation Tool
JTPA Job Training Partnership Act
LBP Lead-based paint
LEP Limited English proficiency
MSA Metropolitan statistical area (established by the U.S. Census Bureau) MTW Moving to Work
NOFA Notice of funding availability
NSPIRE National Standards for the Physical Inspection of Real Estate OGC HUD's Office of General Counsel
OIG HUD’s Office of Inspector General
OMB Office of Management and Budget
PASS Plan to Achieve Self-Support
PBV Project-based voucher
PHA Public housing agency
PIH (HUD Office of) Public and Indian Housing
PS Payment standard
QC Quality control
RAD Rental Assistance Demonstration Program
REAC (HUD) Real Estate Assessment Center
RFP Request for proposals
RTA Request for tenancy approval
RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level)
RVI Remote Video Inspection
SEMAP Section 8 Management Assessment Program
SRO Single room occupancy
SSA Social Security Administration
SSI Supplemental security income
SWICA State wage information collection agency
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TANF Temporary assistance for needy families
TPV Tenant protection vouchers
TR Tenant rent
TTP Total tenant payment
UA Utility allowance
UFAS Uniform Federal Accessibility Standards
UIV Upfront income verification
URP Utility reimbursement payment
VAWA Violence Against Women Act
VCA Voluntary Compliance Agreement
VMS Voucher Management System
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B. GLOSSARY OF SUBSIDIZED HOUSING TERMS
Abatement. Stopping HAP payments to an owner with no potential for retroactive payment.
Absorption. In portability (under subpart H of this part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC.
Accessible. The facility or portion of the facility can be approached, entered, and used by persons with disabilities.
Adjusted income. Annual income, less allowable HUD deductions and allowances.
Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152.
Administrative plan. The plan that describes PHA policies for administration of the tenant-based programs. The Administrative Plan and any revisions must be approved by the PHA’s board and included as a supporting document to the PHA Plan. See §982.54.
Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant-based program.
Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual
Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home.
Annual. Happening once a year.
Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.
Prior to PHA implementation of HOTMA 102/104: Annual income. The anticipated total income of an eligible family from all sources for the 12-month period following the date of determination of income, computed in accordance with the regulations.
Upon PHA implementation of HOTMA 102/104: Annual income. All amounts not specifically excluded in 24 CFR 5.609(b), received from all sources by each member of the family who is 18 years of age or older or is the head of household, spouse or cohead, plus unearned income by or on behalf of each dependent who is under 18 years of age.
Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program.
Area exception rent. An amount that exceeds the published FMR. See 24 CFR 982.504(b).
As-paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs.
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Assets. (See net family assets.)
Authorized voucher units. The number of units for which a PHA is authorized to make assistance payments to owners under its annual contributions contract.
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance.
Biennial. Happening every two years.
Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.
Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment.
Building. A structure with a roof and walls that contains one or more dwelling units.
Child. A member of the family other than the family head or spouse who is under 18 years of age.
Childcare expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further their education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case of childcare necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.
Citizen. A citizen or national of the United States.
Cohead. An individual in the household who is equally responsible for the lease with the head of household. A family may have a cohead or spouse but not both. A cohead never qualifies as a dependent. The cohead must have legal capacity to enter into a lease.
Common space. In shared housing, the space available for use by the assisted family and other occupants of the unit.
Computer match. The automated comparison of databases containing records about individuals.
Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA.
Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from selfemployment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits.
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Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see 24 CFR 982.606–609.
Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located.
Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program.
Contract authority. The maximum annual payment by HUD to a PHA for a funding increment.
Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type (see 24 CFR 982.619).
Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which federal, state or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance.
Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship Day laborer. An individual hired and paid one day at a time without an agreement that the individual will be hired or work again in the future.
De minimis error. An error that results in a difference in the determination of a family’s adjusted income of $30 or less per month.
Dependent. A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student.
Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above.
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Disability assistance expenses. Reasonable expenses that, when combined with health and medical care expenses, exceed 10 percent of annual income and are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.
Disabled family. A family whose head, cohead, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.
Disabled person. See person with disabilities.
Disallowance. Exclusion from annual income.
Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.
Domestic violence. Felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding, and in the case of victim services, includes the user or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is:
- The current or former spouse or intimate partner of the victim, or person similarly situated to a spouse or intimate partner of the victim
- A person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner
- A person with whom the victim shares a child in common - A person who commits acts against a youth or adult victim who is protected from those acts under the domestic or family violence laws of the jurisdiction Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law.
Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.
Earned income. Income or earnings from wages, tips, salaries, other employee compensation, and net income from self-employment. Earned income does not include any pension or annuity, transfer payments (meaning payments made or income received in which no goods or services are being paid for, such as welfare, social security, and governmental subsidies for certain benefits), or any cash or in-kind benefits.
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Economic abuse. Behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitle, including using coercion, fraud, and manipulation to:
- Restrict a person’s access to money, assets, credit, or financial information - Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage
- Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or to whom one has a fiduciary duty Economic self-sufficiency program. Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).
Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides.
Elderly person. An individual who is at least 62 years of age.
Eligible family A family that is income eligible and meets the other requirements of the 1937 Act and Part 5 of 24 CFR. See also family.
Employer identification number (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation.
Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. See 24 CFR 5.508(b).
Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.
Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. See 24 CFR 5.603.
Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. In the HCV program, the FMR may be established at the ZIP code level (see definition of Small Area Fair Market Rents), metropolitan area level, or nonmetropolitan county level.
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Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy.
Family includes a single person, who may be:
- An elderly person, displaced person, disabled person, near-elderly person, or any other single person;
- An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or
Family also includes a group of persons residing together, and such group includes, but is not limited to:
- A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family); - An elderly family;
- A near-elderly family;
- A disabled family;
- A displaced family; and
- The remaining member of a tenant family.
Family rent to owner. In the voucher program, the portion of rent to owner paid by the family.
Family self-sufficiency program (FSS program). The program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the coordination of supportive services to these families (24 CFR 984.103).
Family share. The portion of rent and utilities paid by the family. For calculation of family share, see 24 CFR 982.515(a).
Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA under the PHA subsidy standards.
Federal agency. A department of the executive branch of the federal government.
Foster adult. A member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition, and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
Foster child. A member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.
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Foster childcare payment. A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children.
Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). See 24 CFR 5.603.
Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program.
Gender identity. Actual or perceived gender-related characteristics.
Gross rent. The sum of the rent to owner plus any utility allowance.
Group home. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). (A special housing type: see 24 CFR 982.610–614.) Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.)
HAP contract. The housing assistance payments contract. A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family.
Head of household. The adult member of the family who is the head of the household for purposes of determining income eligibility and rent.
Health and medical care expenses. Any costs incurred in the diagnosis, cure, mitigation, treatment, or prevention of disease or payments for treatments affecting any structure or function of the body. Health and medical care expenses include medical insurance premiums and long-term care premiums that are paid or anticipated during the period for which annual income is computed.
Household. A household includes additional people other than the family who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.
Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner.
Housing agency (HA). See public housing agency.
Housing quality standards (HQS). The minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA under 24 CFR 5.705(a)(3).
HUD. The U.S. Department of Housing and Urban Development.
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Human trafficking. A crime involving the exploitation of a person for labor, services, or commercial sex. The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations recognize and define two primary forms of human trafficking:
- Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. See 22 U.S.C. § 7102(11)(A). - Forced labor is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. See 22 U.S.C. § 7102(11)(B).
Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction, but is included in the family’s annual income and therefore reflected in the family’s rental contribution.
Income for eligibility. Annual income.
Independent contractor. An individual who qualifies as an independent contractor instead of an employee in accordance with the Internal Revenue Code Federal income tax requirements and whose earnings are consequently subject to the Self-Employment Tax. In general, an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.
Independent entity. The unit of general local government; however, if the PHA itself is the unit of general local government or an agency of such government, then only the next level of general local government (or an agency of such government) or higher may serve as the independent entity; or a HUD-approved entity that is autonomous and recognized under state law as a separate legal entity from the PHA. The entity must not be connected financially (except regarding compensation for services performed for PHA-owned units) or in any other manner that could result in the PHA improperly influencing the entity.
Individual with handicaps. See person with disabilities.
Upon PHA implementation of HOTMA 102/104: Inflationary index. An index based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) used to make annual adjustments to the deduction for elderly disabled families, the cap for imputing returns on assets, the restriction on net family assets, the amount of net assets the PHA may determine based on self-certification by the family, and the dependent deduction.
Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.
Initial payment standard. The payment standard at the beginning of the HAP contract term.
Initial rent to owner. The rent to owner at the beginning of the HAP contract term.
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Inside. Under NSPIRE, the inside of HUD housing (or “inside areas”) refers to the common areas and building systems that can be generally found within the building interior and are not inside a unit. Examples of “inside” common areas may include, basements, interior or attached garages, enclosed carports, restrooms, closets, utility rooms, mechanical rooms, community rooms, day care rooms, halls, corridors, stairs, shared kitchens, laundry rooms, offices, enclosed porches, enclosed patios, enclosed balconies, and trash collection areas.
Examples of building systems include those components that provide domestic water such as pipes, electricity, elevators, emergency power, fire protection, HVAC, and sanitary services.
Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan.
Jurisdiction. The area in which the PHA has authority under state and local law to administer the program.
Landlord. Either the owner of the property or their representative, or the managing agent or their representative, as shall be designated by the owner.
Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a HAP contract between the owner and the PHA.
Life-Threatening deficiency. Under NSPIRE, the life-threatening category includes deficiencies that, if evident in the home or on the property, present a high risk of death or severe illness or injury to a resident.
Live-in aide. A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:
- Is determined to be essential to the care and well-being of the persons; - Is not obligated for the support of the persons; and
- Would not be living in the unit except to provide the necessary supportive services.
Local preference. A preference used by the PHA to select among applicant families.
Low deficiency. Under NSPIRE, deficiencies critical to habitability but not presenting a substantive health or safety risk to resident.
Low-income family. A family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that HUD may establish income limits higher or lower than 80 percent for areas with unusually high or low incomes.
Manufactured home. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets the HQS. (A special housing type: see 24 CFR 982.620 and 982.621.)
Manufactured home space. In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space. See 24 CFR 982.622 to 982.624.
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Minor. A member of the family household other than the family head or spouse, who is under 18 years of age.
Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.
Moderate deficiency. Under NSPIRE, this includes deficiencies that, if evident in the home or on the property, present a moderate risk of an adverse medical event requiring a healthcare visit; cause temporary harm; or if left untreated, cause or worsen a chronic condition that may have long-lasting adverse health effects; or that the physical security or safety of a resident or their property could be compromised.
Monthly adjusted income. One twelfth of adjusted income.
Monthly income. One twelfth of annual income.
Mutual housing. Included in the definition of cooperative.
National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.
National Standards for the Physical Inspection of Real Estate. HUD’s housing inspection approach. NSPIRE is a single inspection standard for all units under the Public Housing, HCV, Multifamily, and Community Planning and Development (CPD) programs. NSPIRE’s focus is on the areas that impact residents the most, such as the dwelling unit.
Near-elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.
Prior to PHA implementation of HOTMA 102/104: Net family assets. (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded. - In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income under §5.609.
- In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefore. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms.
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Upon PHA implementation of HOTMA 102/104: Net family assets. 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. In determining net family assets, PHAs or owners, as applicable, must include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives consideration not measurable in dollar terms.
Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets.
Noncitizen. A person who is neither a citizen nor national of the United States.
Notice of funding availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding.
This document explains how to apply for assistance and the criteria for awarding the funding.
Office of General Counsel (OGC). The General Counsel of HUD.
Outside. Under NSPIRE, outside of HUD housing (or “outside areas”) refers to the building site, building exterior components, and any building systems located outside of the building or unit. Examples of “outside” components may include fencing, retaining walls, grounds, lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play areas and equipment, refuse disposal, roads, storm drainage, non-dwelling buildings, and walkways. Components found on the exterior of the building are also considered outside areas, and examples may include doors, attached porches, attached patios, balconies, car ports, fire escapes, foundations, lighting, roofs, walls, and windows.
Overcrowded. A unit that does not have at least one bedroom or living/sleeping room for each two persons.
Owner. Any person or entity with the legal right to lease or sublease a unit to a participant.
PHA-owned unit. A dwelling unit in a project that is: (A) Owned by the PHA (including having a controlling interest in the entity that owns the project); (B) Owned by an entity wholly controlled by the PHA; or (C) Owned by a limited liability company or limited partnership in which the PHA (or an entity wholly controlled by the PHA) holds a controlling interest in the managing member or general partner. A controlling interest is: (A) Holding more than 50 percent of the stock of any corporation; (B) Having the power to appoint more than 50 percent of the members of the board of directors of a non-stock corporation (such as a nonprofit corporation); (C) Where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers, or employees of the PHA; (D) Holding more than 50 percent of all managing member interests in an LLC; (E) Holding more than 50 percent of all general partner interests in a partnership; or (F) Equivalent levels of control in other ownership structures.
PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.
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PHA’s quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3.
Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term).
Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family).
Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such an impairment, or a person with a record of such an impairment.
Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the jurisdiction of the initial PHA.
Premises. The building or complex in which the dwelling unit is located, including common areas and grounds.
Private space. In shared housing, the portion of a contract unit that is for the exclusive use of an assisted family.
Project owner. The person or entity that owns the housing project containing the assisted dwelling unit.
Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments.
Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.
Qualified census tract. With regard to certain tax credit units, any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent, and where the census tract is designated as a qualified census tract by HUD.
Upon PHA implementation of HOTMA 102/104: Real property. Real property has the same meaning as that provided under the law of the state in which the property is located.
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Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises.
Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA’s programs or services.
Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant-based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family.
Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported.
Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled).
Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for.
Request for Tenancy Approval (RTA). A form (Form HUD-52517) submitted by or on behalf of a family to a PHA once the family has identified a unit that it wishes to rent using tenantbased voucher assistance.
Residency preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area).
Residency preference area. The specified area where families must reside to qualify for a residency preference.
Responsible entity. For the public housing and the Section 8 tenant-based assistance, projectbased voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner.
Secretary. The Secretary of Housing and Urban Development.
Section 8. Section 8 of the United States Housing Act of 1937.
Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under Section 202 of the Housing Act of 1959.
Section 8 Management Assessment Program (SEMAP). A system used by HUD to measure PHA performance in key Section 8 program areas. See 24 CFR Part 985.
Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended.
Section 214 covered programs. The collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500.
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Security deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease.
Seasonal worker. An individual who is hired into a short-term position and the employment begins about the same time each year (such as summer or winter). Typically, the individual is hired to address seasonal demands that arise for the particular employer or industry.
Set-up charges. In a manufactured home space rental, charges payable by the family for assembling, skirting, and anchoring the manufactured home.
Severe deficiency. Under NSPIRE, the severe category includes deficiencies that, if evident in the home or on the property, present a high risk of permanent disability, or serious injury or illness, to a resident; or the physical security or safety of a resident or their property would be seriously compromised.
Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).
Sexual orientation. Homosexuality, heterosexuality or bisexuality.
Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. (A special housing type: see 24 CFR 982.615–982.618.) Single person. A person living alone or intending to live alone.
Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. (A special housing type: see 24 CFR 982.602–982.605.)
Small Area Fair Market Rents (SAFMRs). FMRs established for ZIP code areas.
Small rural public housing agency (PHA). Section 38 defines the term “small public housing agency” as a public housing agency “for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer” and “that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.” After consideration of the public comments discussed above, HUD is interpreting “predominantly operates in a rural area” to mean a small PHA that:
(1) Has a primary administrative building with a physical address in a rural area as described in 12 CFR 1026.35(b)(2)(iv)(A); or
(2) more than 50 percent of its combined public housing units and voucher units under section 8(o) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also clarifies that voucher units under section 8(o) include those in the tenant-based Housing Choice Voucher (HCV) program and the Project-Based Voucher (PBV) program.
Social security number (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person’s earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.
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Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant’s waiting list position.
Special housing types. See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental).
Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.
Spouse. The marriage partner of the head of household.
Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.
State wage information collection agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.
Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.
Suspension. The term on the family’s voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied. This practice is also called tolling.
Tax credit rent. With regard to certain tax credit units, the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant-based voucher assistance).
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Technological abuse. An act or pattern of behavior that occurs within domestic violence, dating violence, sexual assault, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another person, except as otherwise permitted by law, that occurs using any form of technology, including but not limited to:
- Internet enabled devices
- Online spaces and platforms
- Computers
- Mobile devices
- Cameras and imaging programs
- Apps
- Location tracking devices
- Communication technologies
- Any other emergency technologies
Tenancy addendum. For the housing choice voucher program, the lease language required by HUD in the lease between the tenant and the owner.
Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.
Tenant-paid utilities. Utilities and services that are not included in the rent to owner and are the responsibility of the assisted family, regardless of whether the payment goes to the utility company or the owner. The utilities and services are those necessary in the locality to provide housing that complies with HQS. The utilities and services may also include those required by HUD through a Federal Register notice after providing opportunity for public comment.
Tenant rent to owner. See family rent to owner.
Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit.
Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.
Unearned income. Any annual income, as calculated under 24 CFR 5.609, that is not earned income.
Unit. Under NSPIRE, a unit (or “dwelling unit”) of HUD housing refers to the interior components of an individual unit. Examples of components included in the interior of a unit may include the balcony, bathroom, call-for-aid (if applicable), carbon monoxide devices, ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater, and windows.
Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included.
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Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.
Utility reimbursement. In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner.
Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.
Very low-income family. A low-income family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program.
Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.
Violence Against Women Act (VAWA). Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the applicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking.
Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
Voucher (housing choice voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program.
Voucher holder. A family holding a voucher with an unexpired term (search time).
Voucher program. The housing choice voucher program.
Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available.
Waiting list admission. An admission from the PHA waiting list.
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Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, childcare or other services for working families. For the FSS program (24 CFR 984.103), welfare assistance includes only cash maintenance payments designed to meet a family’s ongoing basic needs.
Does not include nonrecurring short term benefits designed to address individual crisis situations, work subsidies, supportive services such as childcare and transportation provided to families who are employed, refundable earned income tax credits, contributions to and distributions from Individual Development Accounts under TANF, services such as counseling, case management, peer support, childcare information and referral, financial empowerment, transitional services, job retention, job advancement, and other employmentrelated services that to not provide basic income support, amounts solely directed to meeting housing expenses, amounts for health care, Supplemental Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and child-only or non-needy TANF grants made to or on behalf of a dependent child solely on the basis of the child’s need and not the need of the child’s current non-parental caretaker.
Withholding. Stopping HAP payments to an owner while holding them for potential retroactive disbursement.
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Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
The PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation.
This chapter contains information about the PHA and its programs with emphasis on the HCV program. It also contains information about the purpose, intent and use of the plan and guide.
There are three parts to this chapter:
Part I: The Public Housing Agency (PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent.
Part II: The HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.
PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff.
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1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the Housing Authority of the City of Redondo Beach for the jurisdiction of: City of Redondo Beach in the County of Los Angeles.
The officials of a PHA are known as commissioners or, collectively, as the board of commissioners. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency’s resources and assuring the agency’s continued viability.
Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners and entered into the official records of the PHA.
The principal staff member of the PHA is the executive director (ED), hired and appointed by the board of commissioners. The executive director is directly responsible for carrying out the policies established by the board and is delegated the responsibility for hiring, training and supervising the PHA staff in order to manage the day-to-day operations of the PHA. The executive director is responsible for ensuring compliance with federal and state laws and directives for the programs managed. In addition, the executive director’s duties include budgeting and financial planning for the agency.
1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions.
PHA Policy
The mission of the Housing Authority is to promote adequate and affordable housing, economic opportunity, and a suitable living environment free from discrimination for as many program-eligible persons as funding permits.
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1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
PHA Policy
The PHA’s administrative plan is applicable to the operation of the Housing Choice Voucher program.
1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
As a public service agency, the PHA is committed to providing excellent service to HCV program participants, owners, and to the community. The PHA’s standards include:
• Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. • Provide decent, safe, and sanitary housing – in compliance with program housing quality standards – for very low income families while ensuring that family rents are fair, reasonable, and affordable.
• Encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs.
• Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. • Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission.
• Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
• Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development.
The PHA will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them.
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PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program.
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (“housing quality standards”) and was within certain HUD-established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family’s adjusted income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.
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From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant-based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law.
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program.
The HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent.
The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the HCV program.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. • The Final Rule implementing broad changes to income and assets in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule. HUD issued a revised version of the notice on February 2, 2024. • The Final Rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes from the NSPIRE final rule.
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1-II.B. HCV PROGRAM BASICS
The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the program which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.
The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.
When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.
Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program.
1-II.C. THE HCV PARTNERSHIPS
To administer the HCV program, the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.
For the HCV program to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program.
The chart on the following page illustrates key aspects of these relationships.
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The HCV Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner /
Landlord
Family
(Program
Participant)
Voucher specifies
Family Obligations
Housing Assistance Payments
(HAP) Contract specifies Owner
and PHA Obligations
Lease specifies Tenant
and Landlord
Obligations
Program Regulations and ACC
specifies PHA Obligations and
Voucher Funding
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What Does HUD Do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing program legislation passed by Congress;
• Allocate HCV program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying HCV program requirements;
• Monitor PHA compliance with HCV program requirements and PHA performance in program administration.
What Does the PHA Do?
The PHA administers the HCV program under contract with HUD and has the following major responsibilities:
• Establish local policies to administer the program;
• Review applications from interested applicants to determine whether they are eligible for the program;
• Maintain a waiting list and select families for admission; • Issue vouchers to eligible families and provide information on how to lease a unit; • Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration;
• Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy;
• Make housing assistance payments to the owner in a timely manner; • Recertify families for continued eligibility under the program; • Ensure that owners and families comply with their contractual obligations; • Provide families and owners with prompt, professional service; • Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the ACC, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws.
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What Does the Owner Do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner.
- The owner should consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others.
• Comply with the terms of the Housing Assistance Payments contract executed with the PHA; • Comply with all applicable fair housing laws and do not discriminate against anyone; • Maintain the housing unit in accordance with minimum quality standards developed by HUD in accordance with 24 CFR 5.703 (including any variations approved by HUD for the PHA) and make necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease.
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What Does the Family Do?
The family has the following responsibilities:
• Provide the PHA with complete and accurate information as determined by the PHA to be necessary for administration of the program;
• Make their best and most timely efforts to locate qualified and suitable housing; • Attend all appointments scheduled by the PHA;
• Allow the PHA to inspect the unit at reasonable times and after reasonable notice; • Take responsibility for care of the housing unit, including any violations of housing quality standards caused by the family;
• Comply with the terms of the lease with the owner;
• Comply with the family obligations of the voucher;
• Not commit serious or repeated violations of the lease; • Not engage in drug-related or violent criminal activity; • Notify the PHA and the owner before moving or terminating the lease; • Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any interest in the unit; • Promptly notify the PHA of any changes in family composition; • Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs.
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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) Overview of the Program and Plan Redondo Beach Housing Authority December 2025 Page 1-13
PART III: THE HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s agency plan. This administrative plan is a supporting document to the PHA agency plan and is available for public review as required by CFR 24 Part 903.
This administrative plan is set forth to define the PHA's local policies for operation of the housing programs in accordance with federal laws and regulations. All issues related to the HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable law. The policies in this administrative plan have been designed to ensure compliance with the consolidated ACC and all HUDapproved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to the HCV program. If such changes conflict with this plan, HUD regulations will have precedence.
Administration of the HCV program and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD regulations as well as all federal, state and local fair housing laws and regulations.
1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54]
The HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow:
• Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4); • Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5); • Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4);
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• Occupancy policies, including definition of what group of persons may qualify as a 'family', definition of when a family is considered to be 'continuously assisted'; standards for denying admission or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 3 and 12);
• Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 13);
• Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2);
• Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13);
• Subsidy standards (Chapter 5);
• Family absence from the dwelling unit (Chapter 12);
• How to determine who remains in the program if a family breaks up (Chapter 3); • Informal review procedures for applicants (Chapter 16); • Informal hearing procedures for participants (Chapter 16); • The process for establishing and revising voucher payment standards (Chapter 16); • Policies on administering decreases and increases in the payment standard during the HAP contract term (Chapter 6);
• The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
• Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
• Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16);
• Interim redeterminations of family income and composition (Chapter 11); • Restrictions, if any, on the number of moves by a participant family (Chapter 10); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16);
• Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8);
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3); • 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).
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Mandatory vs. Discretionary Policy
HUD makes a distinction between:
• Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
• Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.
Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions. 1-III.C. ORGANIZATION OF THE PLAN
The plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD.
PHA Policy
The PHA will review and update the plan as needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.
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Fair Housing and Equal Opportunity Redondo Beach Housing Authority December 2025 Page 2-1
Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing choice voucher (HCV) operations.
This chapter describes HUD regulations and PHA policies related to these topics in three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the housing choice voucher program related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates the Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons published January 22, 2007, in the Federal Register.
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PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, and disability. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
• Executive Orders 11063 and 13988
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012 and further clarified in Notice PIH 2014-20
• Violence Against Women Act (VAWA)
When more than one civil rights law applies to a situation, the laws will be read and applied together.
Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.
PHA Policy
The State of California Fair Employment and Housing Act.
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2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors.
The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”) Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].
PHA Policy
The State of California has the following additional protected classes:
Ancestry, Citizenship, Gender Identity and Gender Expression, Genetic Information, Immigration Status, Marital Status, Primary Language, Sexual Orientation, Source of Income, and any other arbitrary basis (for example, Occupation or Veteran Status) The PHA will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program • Provide housing that is different from that provided to others • Subject anyone to segregation or disparate treatment
• Subject anyone to sexual harassment
• Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
• Treat a person differently in determining eligibility or other requirements for admission • Steer an applicant or participant toward or away from a particular area based any of these factors
• Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
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Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to HCV applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing Assistance Payments (HAP) contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract. 2-I.C. DISCRIMINATION COMPLAINTS
General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. The PHA should make every reasonable attempt to determine whether the applicant’s or participant’s assertions have merit and take any warranted corrective action.
In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.
PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA either orally or in writing.
Within 10 business days of receiving the complaint, the PHA will 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 PHA lobbies, 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.
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PHA 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 PHA either orally or in writing.
Within 10 business days of receiving the complaint, the PHA will provide a written notice to those alleged to have violated the rule. The PHA will also send a written notice to the complainant informing them that notice was sent to those alleged to have violated the rule, as well as information on how to complete and submit a housing discrimination complaint form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO).
The PHA will attempt to remedy discrimination complaints made against the PHA and will conduct an investigation into all allegations of discrimination.
Within 10 business days following the conclusion of the PHA’s investigation, the PHA will provide the complainant and those alleged to have violated the rule with findings and either a proposed corrective action plan or an explanation of why corrective action is not warranted.
The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
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.
PHA Policy
Applicants or tenant families who wish to file a VAWA complaint against the PHA may notify the PHA either orally or in writing.
The PHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and Equal Opportunity (FHEO). The PHA will inform the family that not later than one year after an alleged VAWA violation has occurred or terminated, applicants and tenants who believe they have been injured by a VAWA violation or will be injured by such a violation that is about to occur may file a VAWA complaint using FHEO’s online complaint form via mail, email, or telephone.
The PHA will attempt to remedy complaints made against the PHA and will conduct an investigation into all allegations of discrimination.
The PHA will keep a record of all complaints, investigations, notices, and corrective actions. (See Chapter 16.)
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PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES
2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services. This responsibility begins with the first contact by an interested family and continues through every aspect of the program.
PHA Policy
The PHA 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 PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
A specific name and phone number of designated staff will be provided to process requests for accommodation.
The PHA will display posters and other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair.
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2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit.
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an “undue financial and administrative burden” for the PHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.
Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
• Permitting applications and reexaminations to be completed by mail • Conducting home visits
• Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit • Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit • Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff
• Allowing for exceptions to the PHA’s subsidy standards • Allowing a change in the family’s rent due date to correspond with the receipt of the head of household, or spouse or cohead’s SSI or SSDI benefits
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2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual’s disability.
PHA Policy
The PHA will require the family to make its request in writing using a reasonable accommodation request form. The PHA may assist the family with the written request as needed.
The PHA uses specific reasonable accommodation forms as needed, designed to assist the applicant/participant and the PHA, including:
Reasonable Accommodation Request Form – for applicants/participants to request a specific accommodation.
Reasonable Accommodation Request Form – for medical professionals to complete after the applicant/participant has requested a specific accommodation.
Reasonable Accommodation Request Form – for live-in care provider: Families must receive PHA approval for any live-in care provider before that provider will be allowed to move into the assisted unit. This form is to be completed by the family (provided the family is able) and live-in care provider and given to the PHA to process.
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2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.
If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.
All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
• Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
• The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA will not inquire about the nature or extent of any disability.
• Medical records will not be accepted or retained in the participant file. • In the event that the PHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it. In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26].
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2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH 2010-26].
The PHA must approve a request for an accommodation if the following three conditions are met:
• The request was made by or on behalf of a person with a disability. • There is a disability-related need for the accommodation. • The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the PHA, or fundamentally alter the nature of the PHA’s HCV operations (including the obligation to comply with HUD requirements and regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the overall size of the PHA’s program with respect to the number of employees, type of facilities and size of budget, type of operation including composition and structure of workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs.
Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the PHA may verify the need for the requested accommodation.
PHA Policy
After a request for an accommodation is presented, the PHA will respond in writing within 10 business days.
If the PHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the PHA’s decision through an informal review (if applicable) or informal hearing (see Chapter 16).
If the PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the PHA’s operations), the PHA will discuss with the family whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the HCV program and without imposing an undue financial and administrative burden.
If the PHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the PHA will notify the family in writing of its determination within 10 business days from the date of the most recent discussion or communication with the family.
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2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION
IMPAIRMENTS
HUD regulations require the PHA to ensure that persons with disabilities related to hearing and vision have reasonable access to the PHA's programs and services [24 CFR 8.6].
At the initial point of contact with each applicant, the PHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.
PHA Policy
To meet the needs of persons with hearing impairments, TTD/TTY (text telephone display / teletype) communication will be available.
To meet the needs of persons with vision impairments, large-print and audio versions of key program documents will be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance will be provided upon request.
Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third-party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials and be present at all meetings.
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2-II.G. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility, including the following:
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The PHA’s policies concerning physical accessibility must be readily available to applicants and participants. They can be found in three key documents:
• This plan describes the key policies that govern the PHA’s responsibilities with regard to physical accessibility.
• Notice PIH 2010-26 summarizes information about pertinent laws and implementing regulations related to nondiscrimination and accessibility in federally-funded housing programs.
• The PHA Plan provides information about self-evaluation, needs assessment, and transition plans.
The design, construction, or alteration of PHA facilities must conform to the Uniform Federal Accessibility Standards (UFAS). Newly-constructed facilities must be designed to be readily accessible to and usable by persons with disabilities. Alterations to existing facilities must be accessible to the maximum extent feasible, defined as not imposing an undue financial and administrative burden on the operations of the HCV program.
When issuing a voucher to a family that includes an individual with disabilities, the PHA will include a current list of available accessible units known to the PHA and will assist the family in locating an available accessible unit, if necessary.
In general, owners must permit the family to make reasonable modifications to the unit.
However, the owner is not required to pay for the modification and may require that the unit be restored to its original state at the family’s expense when the family moves.
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2-II.H. DENIAL OR TERMINATION OF ASSISTANCE
A PHA’s decision to deny or terminate the assistance of a family that includes a person with disabilities is subject to consideration of reasonable accommodation [24 CFR 982.552 (2)(iv)].
When applicants with disabilities are denied assistance, the notice of denial must inform them of the PHA’s informal review process and their right to request an informal review. In addition, the notice must inform applicants with disabilities of their right to request reasonable accommodations to participate in the informal review process.
When a participant family’s assistance is terminated, the notice of termination must inform them of the PHA’s informal hearing process and their right to request a hearing and reasonable accommodation.
When reviewing reasonable accommodation requests, the PHA must consider whether any mitigating circumstances can be verified to explain and overcome the problem that led to the PHA’s decision to deny or terminate assistance. If a reasonable accommodation will allow the family to meet the requirements, the PHA must make the accommodation.
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PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED
ENGLISH PROFICIENCY (LEP)
2-III.A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by the HCV program. In certain circumstances, failure to ensure that LEP persons can effectively participate in or benefit from federally-assisted programs and activities may violate the prohibition under Title VI against discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007, in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or information in a language other than English. These persons will be referred to as Persons with Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who have a limited ability to read, write, speak or understand English. For the purposes of this administrative plan, LEP persons are HCV applicants and participants, and parents and family members of applicants and participants.
In order to determine the level of access needed by LEP persons, the PHA will balance the following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP persons come into contact with the program; (3) the nature and importance of the program, activity, or service provided by the program to people’s lives; and (4) the resources available to the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons to critical services while not imposing undue burdens on the PHA.
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2-III.B. ORAL INTERPRETATION
The PHA will offer competent interpretation services free of charge, upon request, to the LEP person.
PHA Policy
The PHA will utilize a language line for telephone interpreter services.
When exercising the option to conduct remote briefings, informal reviews, or hearings, however, the PHA will coordinate with a remote interpretation service which, when available, uses video conferencing technology rather than voice-only interpretation.
Where LEP persons desire, they will be permitted to use, at their own expense, an interpreter of their own choosing, in place of or as a supplement to the free language services offered by the PHA. The PHA, at its discretion, may choose to use the language services even when LEP persons desire to use an interpreter of their choosing. The interpreter may be a family member or friend. If the interpreter chosen by the family is a minor, the PHA will not rely on the minor to serve as the interpreter.
The PHA will analyze the various kinds of contacts it has with the public, to assess language needs and decide what reasonable steps should be taken. “Reasonable steps” may not be reasonable where the costs imposed substantially exceed the benefits.
Where feasible and possible, the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents.
2-III.C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written text in another language.
PHA Policy
In order to comply with written-translation obligations, the PHA will take the following steps:
The PHA will provide written translations of vital documents for each eligible LEP language group that constitutes 5 percent or 1,000 persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered.
Translation of other documents, if needed, can be provided orally; or If there are fewer than 50 persons in a language group that reaches the 5 percent trigger, the PHA does not translate vital written materials, but provides written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
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2-III.D. IMPLEMENTATION PLAN
After completing the four-factor analysis and deciding what language assistance services are appropriate, the PHA shall determine whether it is necessary to develop a written implementation plan to address the identified needs of the LEP populations it serves.
If the PHA determines that it is not necessary to develop a written implementation plan, the absence of a written plan does not obviate the underlying obligation to ensure meaningful access by LEP persons to the PHA’s Housing Choice Voucher program and services.
PHA Policy
If it is determined that the PHA serves very few LEP persons, and the PHA has very limited resources, the PHA will not develop a written LEP plan, but will consider alternative ways to articulate in a reasonable manner a plan for providing meaningful access. Entities having significant contact with LEP persons, such as schools, grassroots and faith-based organizations, community groups, and groups working with new immigrants will be contacted for input into the process.
If the PHA determines it is appropriate to develop a written LEP plan, the following five steps will be taken: (1) Identifying LEP individuals who need language assistance; (2) identifying language assistance measures; (3) training staff; (4) providing notice to LEP persons; and (5) monitoring and updating the LEP plan.
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EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts 8.3 and 100.201] A person with a disability, as defined under federal civil rights laws, is any person who:
• Has a physical or mental impairment that substantially limits one or more of the major life activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment
The phrase “physical or mental impairment” includes:
• Any physiological disorder or condition, cosmetic or disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term “physical or mental impairment” includes, but is not limited to: such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
“Major life activities” includes, but is not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and/or working. “Has a record of such impairment” means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. “Is regarded as having an impairment” is defined as having a physical or mental impairment that does not substantially limit one or more major life activities but is treated by a public entity (such as the PHA) as constituting such a limitation; has none of the impairments defined in this section but is treated by a public entity as having such an impairment; or has a physical or mental impairment that substantially limits one or more major life activities, only as a result of the attitudes of others toward that impairment.
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The definition of a person with disabilities does not include:
• Current illegal drug users
• People whose alcohol use interferes with the rights of others • Persons who objectively pose a direct threat or substantial risk of harm to others that cannot be controlled with a reasonable accommodation under the HCV program The above definition of disability determines whether an applicant or participant is entitled to any of the protections of federal disability civil rights laws. Thus, a person who does not meet this disability is not entitled to a reasonable accommodation under federal civil rights and fair housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights definition of disability. The HUD definition of a person with a disability is used for purposes of receiving the disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent deduction, the allowance for medical expenses, or the allowance for disability assistance expenses.
The definition of a person with a disability for purposes of granting a reasonable accommodation request is much broader than the HUD definition of disability. Many people will not qualify as a disabled person under the HCV program, yet an accommodation is needed to provide equal opportunity.
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Chapter 3
ELIGIBILITY
INTRODUCTION
The PHA is responsible for ensuring that every individual and family admitted to the HCV program meets all program eligibility requirements. This includes any individual approved to join the family after the family has been admitted to the program. The family must provide any information needed by the PHA to confirm eligibility and determine the level of the family’s assistance.
To be eligible for the HCV program:
• The applicant family must:
- Qualify as a family as defined by HUD and the PHA.
- Have income at or below HUD-specified income limits.
- Qualify on the basis of citizenship or the eligible immigrant status of family members. - Provide social security number information for household members as required. - Consent to the PHA’s collection and use of family information as provided for in PHAprovided consent forms. - Not currently be receiving a duplicative subsidy.
- Meet net asset and property ownership restriction requirements. • The PHA must determine that the current or past behavior of household members does not include activities that are prohibited by HUD or the PHA.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains HUD and PHA definitions of family and household members and explains initial and ongoing eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant’s past or current conduct (e.g., criminal activity) that can cause the PHA to deny assistance as well as the asset limitation for HCV.
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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 part provides information that is needed to correctly identify family and household members, and to apply HUD's eligibility rules.
3-I.B. FAMILY AND HOUSEHOLD [24 CFR 5.403; FR Notice 02/03/12; Notice PIH 2014-20; and FR Notice 2/14/23]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person, an otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or a group of persons residing together.
Such group includes but is not limited to a family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family), an elderly family, a near-elderly family, a disabled family, a displaced family, and the remaining member of a tenant family. The PHA has the discretion to determine if any other group of persons qualifies as a family.
Gender Identity means actual or perceived gender characteristics.
Sexual orientation means homosexuality, heterosexuality, or bisexuality.
PHA Policy
A family also includes two or more individuals who are not related by blood, marriage, adoption, or other operation of law but who either can demonstrate that they have lived together previously or certify that each individual’s income and other resources will be available to meet the needs of the family.
Each family must identify the individuals to be included in the family at the time of application and must notify the PHA if the family’s composition changes. Applicants will generally not be allowed to add additional adult member/s to the application after the PHA has initiated the initial eligibility process and the PHA has notified the applicant that his/her name has reached the top of the wait list. (It is the applicant’s responsibility to notify the PHA of changes as they occur. (See Section 5-II.C, “Changes in Household Size/Need for Change in Voucher Size”.) Exceptions will be made for persons who can produce proof of marriage or other legal family union. Exceptions will also be made in cases where adding additional members would not give the applicant an additional wait Eligibility Redondo Beach Housing Authority
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list preference. This rule does not apply to, or affect, those applicants who are elderly or disabled or families. (Families are defined in the paragraph above).
Household
Household is a broader term that includes additional people who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.
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3-I.C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY Family Breakup [24 CFR 982.315; Notice PIH 2017-08]
Except under the following conditions, the PHA has discretion to determine which members of an assisted family continue to receive assistance if the family breaks up:
• If the family breakup results from an occurrence of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, stalking, and human trafficking, see section 16-IX.D of this plan.) • In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s HUD–VASH voucher, the victim should be given a regular HCV if one is available, and the perpetrator’s HUD–VASH voucher should be used to serve another eligible family. If a regular HCV is not available, the victim will continue to use the HUD–VASH voucher, which must be issued to another eligible family upon the voucher’s turnover.
• If a court determines the disposition of property between members of the assisted family, the PHA is bound by the court’s determination of which family members continue to receive assistance.
PHA Policy
When a family on the waiting list breaks up into two otherwise eligible families, only one of the new families may retain the original application date. Other former family members may make a new application with a new application date if the waiting list is open.
If a family breaks up into two otherwise eligible families while receiving assistance, only one of the new families will continue to be assisted.
In the absence of a judicial decision or an agreement among the original family members, the PHA will determine which family will retain their placement on the waiting list or continue to receive assistance. In making its determination, the PHA will take into consideration the following factors: (1) the interest of any minor children, including custody arrangements; (2) the interest of any ill, elderly, or disabled family members; (3) the interest of any family member who is the victim of domestic violence, dating violence, sexual assault, 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
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Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.”
PHA Policy
To be considered the remaining member of the tenant family, the person must be an eligible immigrant or a U.S. Citizen, have been previously approved as part of the nucleus family by the HA and be currently living in the unit.
A live-in aide, by definition, is not a member of the family and will not be considered a remaining member of the family.
In order for a minor child to continue to receive assistance as a remaining member:
1. The court has to have awarded emancipated minor status to the minor, or
2. The HA has to have verified that the Department of Social Services and/or the Juvenile Court has arranged for another adult to be brought into the assisted unit to care for the child/children for an indefinite period. 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.”
A reduction in family size may require a reduction in the authorized payment standard.
Retention of a voucher by the remaining member currently living in the unit will only be approved as a result of the death of the Head of Household, or removal of the Head of Household to an assisted living environment, or government facility. To be considered the remaining member of the tenant family, the person must have been previously approved as part of the nucleus family by the HA. In such a situation the remaining family member will retain the voucher.
NUCLEUS FAMILY: All family members at the time of initial voucher issuance (Intake) plus, any members added by marriage, birth, adoption, or court awarded custody. 3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse.
PHA Policy
The family may designate any qualified family member as the head of household.
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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.
PHA Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law. The term “spouse” does not apply to friends, 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.
When there are two adults in the household not related by blood or marriage, one shall be designated the head of household and the other shall be designated the co-head. The family may determine who shall be the head of household and who shall be the co-head. The family will not be permitted to switch designations unless one of the two individuals moves out of the unit.
Exceptions may be made only in the case of approved reasonable accommodations.
PHA Policy
Minors who are emancipated under state law may be designated as a cohead.
Other adult means a family member, other than the head, spouse, or cohead, who is 18 years of age or older. Foster adults and live-in aides are not considered other adults.
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3-I.F. DEPENDENTS AND MINORS [24 CFR 5.603]
A minor is a member of the family, other than the head of family or spouse, who is under 18 years of age.
A dependent is a family member who is under 18 years of age or a person of any age who is a person with a disability or a full-time student, except that the following persons can never be dependents: the head of household, spouse, cohead, foster children/adults and live-in aides.
Identifying each dependent in the family is important because each dependent qualifies the family for a dependent allowance as described in Chapter 6.
Joint Custody of Dependents
PHA Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 51 percent or more of the time.
When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, or an IRS return showing which family has claimed the child for income tax purposes.
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.
PHA Policy
If the student claims full-time status, they must complete the quarter or semester in its entirety. If at any point the student drops or does not complete the class they must notify the PHA within 15 days. Failure to timely notify the housing authority of the change of student status may result in program termination or money owed to the PHA. 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
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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.
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3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12]
Persons with Disabilities
Under the HCV program, special rules apply to persons with disabilities and to any family whose head, spouse, or cohead is a person with disabilities. The technical definitions of individual with handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter.
These definitions are used for a number of purposes including ensuring that persons with disabilities are not discriminated against based upon disability.
As discussed in Chapter 2, the PHA must make all aspects of the HCV program accessible to persons with disabilities and consider reasonable accommodations requested based upon a person’s disability.
Disabled Family
A disabled family is one in which the head, spouse, or cohead is a person with disabilities.
Identifying disabled families is important because these families qualify for the disabled family allowance as described in Chapter 6.
Even though persons with drug or alcohol dependencies are considered persons with disabilities, this does not prevent the PHA from denying assistance for reasons related to alcohol and drug abuse in accordance with the policies found in Part III of this chapter, or from terminating assistance in accordance with the policies in Chapter 12. 3-I.J. GUESTS [24 CFR 5.100]
A guest is a person temporarily staying in the unit with the consent of a member of the household who has expressed or implied authority to so consent.
PHA Policy
A guest can remain in the assisted unit no longer than 14 cumulative days during a 12- month period. No more than 3 days and nights in any week in the assisted unit, except as follows:
Children who are subject to a joint custody arrangement or for whom a family has visitation privileges, that are not included as a family member because they live outside of the assisted household more than 50 percent of the time, are not subject to the time limitations of guests as described above.
A family may request an exception to this policy for valid reasons (e.g., care of a relative recovering from a medical procedure is expected to last 40 consecutive days). An exception will not be made unless the family can identify and provide documentation of the residence to which the guest will return and obtain approval from the property owner and the PHA.
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3-I.K. FOSTER CHILDREN AND FOSTER ADULTS [24 CFR 5.603] A foster adult is a member of the household who is 18 years of age or older and meets the definition of a foster adult under state law. In general, a foster adult is a person who is 18 years of age or older, is unable to live independently due to a debilitating physical or mental condition, and is placed with the family by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
A foster child is a member of the household who meets the definition of a foster child under state law. In general, a foster child is placed with the family by an authorized placement agency (e.g., public child welfare agency) or by judgment, decree, or other order of any court of competent jurisdiction.
Foster children and foster adults who are living with an applicant or who have been approved by the PHA to live with a participant family are considered household members but not family members. The income of foster children/adults is not counted in family annual income, and foster children/adults do not qualify for a dependent deduction [24 CFR 5.603; HUD-50058 IB, p. 13].
PHA Policy
A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of space standards as described in Section 8-I.F. of this policy.
Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.
3-I.L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order.
Definitions of Temporarily and Permanently Absent
PHA 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
PHA 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 PHA indicating that the student has established a separate household or the family declares that the student has established a separate household.
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Absences Due to Placement in Foster Care [24 CFR 5.403] Children temporarily absent from the home as a result of placement in foster care are considered members of the family.
PHA Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member.
Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] If a family member is confined to a nursing home or hospital on a permanent basis, that person is no longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22].
PHA Policy
An individual confined to a nursing home or hospital on a permanent basis is not considered a family member.
The PHA will request verification of the family member’s permanent absence from a responsible medical professional. If the responsible medical professional cannot provide a determination, the person will be considered temporarily absent. If the family certifies that the family member is confined on a permanent basis, they may present, and the PHA will consider, any additional documentation or evidence.
Return of Permanently Absent Family Members
PHA Policy
The family must request PHA approval for the return of any adult family members that the PHA previously determined to be permanently absent and can only be added back to the household as a reasonable accocomodation request. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter.
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3-I.M. LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who: (1) is determined to be essential to the care and well-being of the persons, (2) is not obligated for the support of the persons, and (3) would not be living in the unit except to provide the necessary supportive services [24 CFR 5.403].
The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance with 24 CFR 8, to make the program accessible to and usable by the family member with disabilities.
The income of a live-in aide is not counted in the calculation of annual income for the family [24 CFR 5.609(b)]. Relatives may be approved as live-in aides if they meet all of the criteria defining a live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide would not be considered a remaining member of a tenant family.
PHA Policy
A family’s request for a live-in aide must be made in writing. The PHA will verify the need for a live-in aide with a reliable, knowledgeable professional, such as a doctor, social worker, or case worker, that the live-in aide is essential for the care and well-being of the elderly, near-elderly, or disabled family member unless the disability-related need is apparent or known to the PHA. For continued approval, the family may be required to submit a new, written request that is subject to PHA verification at each annual reexamination.
In addition, the family and live-in aide will be required to submit a certification stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2) would not be living in the unit except to provide the necessary supportive services.
The PHA will not approve a particular person as a live-in aide, and may withdraw such approval if [24 CFR 982.316(b)]:
The person commits fraud, bribery or any other corrupt or criminal act in connection with any federal housing program;
The person commits drug-related criminal activity or violent criminal activity; or The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.
The PHA will notify the family of its decision in writing within 10 business days of receiving a request for a live-in aide, including all required documentation related to the request.
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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; 24 CFR 982.201(b)]
PHA Policy
The PHA will consider a family to be continuously assisted if the family was leasing a unit under any 1937 Housing Act program at the time they were selected from the PHA’s waiting list.
• A low-income family that qualifies for voucher assistance as a non-purchasing household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily housing homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173
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• 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.
• A low-income family is eligible for assistance under VASH [FR Notice 8/13/24]. See Chapter 19 of this policy for more information.
HUD permits the PHA to establish additional categories of low-income families that may be determined eligible. The additional categories must be consistent with the PHA plan and the consolidated plans for local governments within the PHA’s jurisdiction.
PHA Policy
The PHA has not established any additional categories of eligible low-income families.
Using Income Limits for Targeting [24 CFR 982.201]
At least 75 percent of the families admitted to the PHA's program during a PHA fiscal year must be extremely low-income families. HUD may approve exceptions to this requirement if the PHA demonstrates that it has made all required efforts but has been unable to attract an adequate number of qualified extremely low-income families.
Families continuously assisted under the 1937 Housing Act and families living in eligible lowincome 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.
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3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least one family member must be a citizen, national, or noncitizen with eligible immigration status in order for the family to qualify for any level of assistance.
All applicant families must be notified of the requirement to submit evidence of their citizenship status when they apply. Where feasible, and in accordance with the PHA’s Limited English Proficiency Plan, the notice must be in a language that is understood by the individual if the individual is not proficient in English.
Declaration [24 CFR 5.508]
HUD requires each family member to declare whether the individual is a citizen, a national, or an eligible noncitizen, except those members who elect not to contend that they have eligible immigration status. Those who elect not to contend their status are considered to be ineligible noncitizens. For citizens, nationals and eligible noncitizens the declaration must be signed personally by the head, spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The family must identify in writing any family members who elect not to contend their immigration status (see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster adults.
U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration as verification of their status. However, HUD regulations permit the PHA to request additional documentation of their status, such as a passport.
PHA Policy
Family members who declare citizenship or national status will not be required to provide additional documentation unless the PHA receives information indicating that an individual’s declaration may not be accurate.
Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a verification consent form and cooperate with PHA efforts to verify their immigration status as described in Chapter 7. The documentation required for establishing eligible noncitizen status varies depending upon factors such as the date the person entered the U.S., the conditions under which eligible immigration status has been granted, the person’s age, and the date on which the family began receiving HUD-funded assistance.
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together known as the Freely Associated States, or FAS, are eligible for housing assistance under section 141 of the Compacts of Free Association between the U.S. Government and the Governments of the FAS [Public Law 106-504].
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Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to have their names listed on a noncontending family members listing, signed by the head, spouse, or cohead (regardless of citizenship status), indicating their ineligible immigration status. The PHA is not required to verify a family member’s ineligible status and is not required to report an individual’s unlawful presence in the U.S. to the United States Citizenship and Immigration Services (USCIS).
Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522]. This prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children who accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such a family is eligible for prorated assistance as a mixed family.
Mixed Families
A family is eligible for assistance as long as at least one member is a citizen, national, or eligible noncitizen. Families that include eligible and ineligible individuals are considered mixed families. Such families will be given notice that their assistance will be prorated, and that they may request a hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated, and Chapter 16 for a discussion of informal hearing procedures.
Ineligible Families [24 CFR 5.514(d), (e), and (f)]
A PHA may elect to provide assistance to a family before the verification of the eligibility of the individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be assisted prior to the affirmative establishment by the PHA that the individual or at least one family member is eligible. Verification of eligibility for this purpose occurs when the individual or family members have submitted documentation to the PHA in accordance with program requirements [24 CFR 5.512(a)].
PHA Policy
The PHA will not provide assistance to a family before the verification of at least one family member.
When a PHA determines that an applicant family does not include any citizens, nationals, or eligible noncitizens, following the verification process, the family will be sent a written notice within 10 business days of the determination.
The notice will explain the reasons for the denial of assistance, that the family may be eligible for proration of assistance, and will advise the family of its right to request an appeal to the United States Citizenship and Immigration Services (USCIS) or to request an informal hearing with the PHA. The informal hearing with the PHA may be requested in lieu of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must also inform the applicant family that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it may be delayed pending the completion of the informal hearing process.
Informal hearing procedures are contained in Chapter 16.
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Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the PHA must verify status at the first interim or regular reexamination following the person’s occupancy, whichever comes first.
If an individual qualifies for a time extension for the submission of required documents, the PHA must grant such an extension for no more than 30 days [24 CFR 5.508(h)].
Each family member is required to submit evidence of eligible status only one time during continuous occupancy.
PHA Policy
The PHA will verify the citizenship status of applicants at the time other eligibility factors are determined.
3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2018-24] The applicant and all members of the applicant’s household must disclose the complete and accurate social security number (SSN) assigned to each household member, and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7.
Note: These requirements do not apply to noncitizens who do not contend eligible immigration status.
The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure and documentation requirements contained in 24 CFR 5.216.
3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, 24 CFR 5.232, and HCV GB, p. 5-13]
HUD requires that each adult family member, and the head of household, spouse, or cohead, regardless of age, sign form HUD-9886-A, Authorization for the Release of Information/Privacy Act Notice, the form HUD-52675 Debts Owed to Public Housing Agencies and Terminations, and other consent forms as needed to collect information relevant to the family’s eligibility and level of assistance. Chapter 7 provides detailed information concerning the consent forms and verification requirements. The consent form remains effective until the family is denied assistance, assistance is terminated, or the family provides written notification to revoke consent.
The PHA must deny admission to the program if any member of the applicant family fails to sign and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts B and F [24 CFR 982.552(b)(3) and 24 CFR 5.232(a)].
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Upon the PHA’s HOTMA 102/104 compliance date, the following on revocation of consent is added:
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 of admission or termination of assistance [24 CFR 5.232(c)].
PHA Policy
The PHA has established a policy that revocation of consent to access financial records 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 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 their parents in accordance with PHA policy, the income of the student’s parents will not be considered in determining the student’s eligibility.
The 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 eligibility restrictions apply to a student, the PHA will rely on the following definitions [FR Notice 4/10/06, FR Notice 9/21/16].
Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the assisted family, other than the head of household or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student. Foster children and foster adults are not considered dependents.
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Independent Student
PHA Policy
The PHA will consider a student “independent” from their 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 their 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
The individual has one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent)
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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
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 their 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 their 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 PHA determines that an individual meets the definition of a vulnerable youth such a determination is all that is necessary to determine that the person is an independent student for the purposes of using only the student’s income for determining eligibility for assistance.
The PHA will verify that a student meets the above criteria in accordance with the policies in Section 7-II.E.
Institution of Higher Education
The PHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to determine whether a student is attending an institution of higher education (see Exhibit 3-2).
Parents
PHA Policy
For purposes of student eligibility restrictions, the definition of parents includes biological or adoptive parents, stepparents (as long as they are currently married to the biological or adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc).
Person with Disabilities
The PHA will use the statutory definition under section 3(b)(3)(E) of the 1937 Act to determine whether a student is a person with disabilities (see Exhibit 3-1).
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Veteran
PHA Policy
A veteran is a person who served in the active military, naval, or air service and who was discharged or released from such service under conditions other than dishonorable.
Vulnerable Youth
PHA Policy
A vulnerable youth is an individual who meets the U.S. Department of Education’s definition of independent student in paragraphs (b), (c), or (h), as adopted in Section II of FR Notice 9/21/16:
The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older
The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by:
A local educational agency homeless liaison
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
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Determining Student Eligibility
If a student is applying for assistance on their own, apart from their parents, the PHA must determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612.
If the student is subject to those restrictions, the PHA must ensure that: (1) the student is individually eligible for the program, (2) either the student is independent from their parents or the student’s parents are income eligible for the program, and (3) the “family” with which the student is applying is collectively eligible for the program.
PHA Policy
For any student who is subject to the 5.612 restrictions, the PHA will:
Follow its usual policies in determining whether the student individually and the student’s “family” collectively are eligible for the program Determine whether the student is independent from their parents in accordance with the definition of independent student in this section Follow the policies below, if applicable, in determining whether the student’s parents are income eligible for the program
If the PHA determines that the student, the student’s parents (if applicable), or the student’s “family” is not eligible, the PHA will send a notice of denial in accordance with the policies in Section 3-III.F, and the applicant family will have the right to request an informal review in accordance with the policies in Section 16-III.B.
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Determining Parental Income Eligibility
PHA Policy
For any student who is subject to the 5.612 restrictions and who does not satisfy the definition of independent student in this section, the PHA will determine the income eligibility of the student’s parents as follows:
If the student’s parents are married and living together, the PHA will obtain a joint income declaration and certification of joint income from the parents.
If the student’s parent is widowed or single, the PHA will obtain an income declaration and certification of income from that parent.
If the student’s parents are divorced or separated, the PHA will obtain an income declaration and certification of income from each parent.
If the student has been living with one of their parents and has not had contact with or does not know where to contact their other parent, the PHA 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 PHA will then obtain an income declaration and certification of income from the parent with whom the student has been living or had contact.
In determining the income eligibility of the student’s parents, the PHA will use the income limits for the jurisdiction in which the parents live. 3-II.F. EIV SYSTEM SEARCHES [EIV FAQs; EIV System Training 9/30/20; and Notice PIH 2023-27]
Existing Tenant Search
Prior to admission to the program, the PHA must search for all household members using the EIV Existing Tenant Search module. The PHA must review the reports for any SSA matches involving another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide the family with a copy of the Existing Tenant Search results if requested. At no time may any family member receive duplicative assistance.
If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the PHA must report the program admission date to the multifamily property and document the notification in the tenant file. The family must provide documentation of move-out from the assisted unit, as applicable.
PHA Policy
The PHA will contact the 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 PHA will only approve assistance contingent upon the move-out from the currently occupied assisted unit.
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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.
PHA Policy
The PHA will require each adult household member to sign the form HUD-52675 once at the eligibility determination. Any new members added to the household after admission will be required to sign the form HUD-52675 prior to being added to the household.
The PHA will search the Debts Owed to PHAs and Terminations module as part of the eligibility determination for new households and as part of the screening process for any household members added after the household is admitted to the program. If any information on debts or terminations is returned by the search, the PHA will determine if this information warrants a denial in accordance with the policies in Part III of this chapter.
EIV Income Report
For each new admission, the PHA is required to review income information in EIV to confirm and validate family reported income within 120 days after the admission information is transmitted to HUD. The PHA must print and maintain copies of the reports in the tenant file and resolve any discrepancies with the family.
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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. In this section we will discuss other situations and circumstances in which denial of assistance is mandatory for the PHA, and those in which denial of assistance is optional for the PHA.
While the regulations state that the PHA must prohibit admission for certain types of criminal activity and give the PHA the option to deny for other types of previous criminal history, more recent HUD rules and OGC guidance must also be taken into consideration when determining whether a particular individual’s criminal history merits denial of admission.
When considering any denial of admission, PHAs may not use arrest records as the basis for the denial. Further, HUD does not require the adoption of “One Strike” policies and reminds PHAs of their obligation to safeguard the due process rights of applicants and tenants [Notice PIH 2015-19].
HUD’s Office of General Counsel issued a memo on April 4, 2016, regarding the application of Fair Housing Act standards to the use of criminal records. This memo states that a PHA violates the Fair Housing Act when their policy or practice has an unjustified discriminatory effect, even when the PHA had no intention to discriminate. Where a policy or practice that restricts admission based on criminal history has a disparate impact on a particular race, national origin, or other protected class, that policy or practice is in violation of the Fair Housing Act if it is not necessary to serve a substantial, legitimate, nondiscriminatory interest of the PHA, or if that interest could be served by another practice that has a less discriminatory effect [OGC Memo 4/4/16]. 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 and criminal conduct that does not.
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Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] Denial of assistance includes any of the following:
• Not placing the family’s name on the waiting list
• Denying or withdrawing a voucher
• Not approving a request for tenancy or refusing to enter into a HAP contract • Refusing to process a request for or to provide assistance under portability procedures Prohibited Reasons for Denial of Program Assistance [24 CFR 982.202(b), 24 CFR 5.2005(b)]
HUD rules prohibit denial of program assistance to the program based on any of the following criteria:
• Age, disability, race, color, religion, sex, or national origin (See Chapter 2 for additional information about fair housing and equal opportunity requirements.) • Where a family lives prior to admission to the program • Where the family will live with assistance under the program. Although eligibility is not affected by where the family will live, there may be restrictions on the family’s ability to move outside the PHA’s jurisdiction under portability. (See Chapter 10.) • Whether members of the family are unwed parents, recipients of public assistance, or children born out of wedlock
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program • Whether or not a qualified applicant is or has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking if the applicant is otherwise qualified for assistance (See section 3-III.G.)
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3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a) and 24 CFR 982.552(b)(6)]
HUD requires the PHA to deny assistance in the following cases:
• Any member of the household has been evicted from federally assisted housing in the last three years for drug-related criminal activity. HUD permits, but does not require, the PHA to admit an otherwise-eligible family if the household member has completed a PHA-approved drug rehabilitation program or the circumstances which led to eviction no longer exist (e.g., the person involved in the criminal activity no longer lives in the household).
PHA Policy
The PHA will admit an otherwise-eligible family who was evicted from federally assisted housing within the past five years for drug-related criminal activity if the PHA is able to verify that the household member who engaged in the criminal activity has completed a supervised drug rehabilitation program approved by the PHA, or the person who committed the crime is no longer living in the household. • The PHA determines that any household member is currently engaged in the use of illegal drugs.
PHA Policy
Currently engaged in is defined as any use of illegal drugs during the previous five months including marijuana unless medically prescribed. Although marijuana is legal in the state of California, this is a federally assisted program and is considered illegal on the federal level.
• The PHA has reasonable cause to believe that any household member’s current use or pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
PHA Policy
In determining reasonable cause, the PHA will consider all credible evidence, including but not limited to, any record of convictions, arrests, or evictions of household members related to the use of illegal drugs or the abuse of alcohol. A record or records of arrest will not be used as the sole basis of determining reasonable cause. The PHA will also consider evidence from treatment providers or community-based organizations providing services to household members.
• Any household member has ever been convicted of drug-related criminal activity for the production or manufacture of methamphetamine on the premises of federally assisted housing.
• Any household member is subject to a lifetime registration requirement under a state sex offender registration program.
• 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.
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Upon the PHA’s HOTMA 102/104 compliance date, the following section on the asset limitation is added. The asset limitation does not apply until the PHA’s HOTMA compliance date.
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 the HUDpublished asset limitation amount (adjusted annually by HUD). • This amount is listed in HUD’s current year Inflation-Adjusted Values tables • $100,000 for 2024, $103,200 for 2025
Second, the family has real property that is suitable for occupancy by the family as a residence and the family has:
• 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.
The PHA does not have the discretion not to enforce or provide limited enforcement of the asset limitation at admission. 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.
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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;
PHA Policy
The PHA 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); PHA Policy
In general, the PHA defines a geographic hardship to include when a family members’ work, school, health care provider, or other necessary service is located an unreasonable distance from the real property or there is a lack of adequate transportation options for the family to access work, school, health care, or other necessary services. The PHA will consider circumstantial details a family faces when determining whether a geographic hardship is present.
• 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.
If a family meets one of the above exceptions, the real property is not automatically excluded from the calculation of net family assets. Unless the real property is specifically excluded from net family assets as described in 24 CFR 5.603 and Chapter 6 of this policy, it will be included in net family assets. If the value of that real property brings the net family assets above the HUDpublished asset limitation amount, the family is out of compliance with the asset limitation.
See Chapter 7 for information on verifying net family assets for purposes of the asset limitation.
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3-III.D. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE HUD permits, but does not require, the PHA to deny assistance for the reasons discussed in this section.
Criminal Activity [24 CFR 982.553]
HUD permits, but does not require, the PHA to deny assistance if the PHA determines that any household member is currently engaged in, or has engaged in during a reasonable time before the family would receive assistance, certain types of criminal activity.
PHA Policy
If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past 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;
Immediate vicinity means within a three-block radius of the premises.
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 PHA (including a PHA employee or a PHA contractor, subcontractor, or agent).
Evidence of such criminal activity includes, but is not limited to:
Any conviction for drug-related or violent criminal activity within the past five years.
Records of arrests for drug-related or violent criminal activity within the past five years, although a record or records of arrest will not be used as the sole basis for the denial or proof that the applicant engaged in disqualifying criminal activity.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.F and 3-III.G. Upon consideration of such factors, the PHA may, on a caseby-case basis, decide not to deny assistance.
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Previous Behavior in Assisted Housing [24 CFR 982.552(c)] HUD authorizes the PHA to deny assistance based on the family’s previous behavior in assisted housing.
PHAs are not permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [24 CFR 984.101(d)].
PHA Policy
The PHA will deny assistance to an applicant family if:
The family does not provide information that the PHA or HUD determines is necessary in the administration of the program.
The family does not provide complete and true information to the PHA.
Any family member has been evicted from federally assisted housing in the last five years.
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 PHA in connection with Section 8 or other public housing assistance under the 1937 Act, unless the family repays the full amount of the debt prior to being selected from the waiting list.
If the family has not reimbursed any PHA for amounts the PHA paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease, unless the family repays the full amount of the debt prior to being selected from the waiting list.
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The family has breached the terms of a repayment agreement entered into with the PHA, unless the family repays the full amount of the debt covered in the repayment agreement prior to being selected from the waiting list.
When denying admission due to family debts as shown in HUD’s EIV system, the PHA will provide the family with a copy of the EIV Debt Owed to PHA and Termination report.
If the family wishes to dispute the information in the report, the family must contact the PHA that entered the information in EIV in writing, explaining why EIV information is disputed. The family must also provide a copy of the letter and all applicable verification to the PHA to support the family’s claim. The PHA will consider the information provided by the family prior to issuing a notice of denial.
A family member has engaged in or threatened violent or abusive behavior toward PHA personnel.
Abusive or violent behavior towards PHA personnel includes verbal as well as physical abuse or violence. Use of racial epithets, or other language, written or oral, that is customarily used to intimidate may be considered abusive or violent behavior.
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 PHA will consider the factors discussed in Section 3-III.F and 3-III.G. Upon consideration of such factors, the PHA may, on a caseby-case basis, decide not to deny assistance.
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3-III.E. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to the HCV program. This authority assists the PHA in complying with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or have engaged in certain criminal activities. In order to obtain access to the records the PHA must require every applicant family to submit a consent form signed by each adult household member [24 CFR 5.903].
PHA Policy
The PHA will perform a criminal background check through the Redondo Beach Police Department or a software company designated by the PHA for use in criminal background checks 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 PHA will request a fingerprint card and will request information from the National Crime Information center (NCIC).
While a PHA has regulatory authority to use criminal conviction records for the purpose of applicant screening for admission, there is no corresponding authority to use these records to check for criminal and illegal drug activity by participants, and therefore, PHAs may not use records for this purpose.
PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)].
PHA Policy
The PHA will use the Dru Sjodin National Sex Offender database or local law enforcement to screen applicants for admission.
Additionally, PHAs must ask whether the applicant, or any member of the applicant’s household, is subject to a lifetime registered sex offender registration requirement in any state [Notice PIH 2012-28].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender registration information, the PHA must notify the household of the proposed action and must provide the subject of the record and the applicant a copy of the record and an opportunity to dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR
5.903(f) and 5.905(d)].
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Screening for Suitability as a Tenant [24 CFR 982.307]
The PHA has no liability or responsibility to the owner for the family’s behavior or suitability for tenancy. The PHA has the authority to conduct additional screening to determine whether an applicant is likely to be a suitable tenant.
PHA Policy
The PHA will not conduct additional screening to determine an applicant family’s suitability for tenancy. Additionally, because the housing authority is not considered the landlord, the housing authority will not provide landlord references.
The owner is responsible for screening and selection of the family to occupy the owner’s unit.
The PHA must inform the owner that screening and selection for tenancy is the responsibility of the owner. An owner may consider a family’s history with respect to factors such as: payment of rent and utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful enjoyment of their housing, criminal activity that is a threat to the health, safety or property of others, and compliance with other essential conditions of tenancy.
HUD requires the PHA to provide prospective owners with the family’s current and prior address (as shown in PHA records) and the name and address (if known) of the owner at the family’s current and prior addresses. HUD permits the PHA to provide owners with additional information, as long as families are notified that the information will be provided, and the same type of information is provided to all owners.
The PHA may not disclose to the owner any confidential information provided to the PHA by the family in response to a PHA request for documentation of domestic violence, dating violence, sexual assault, 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)].
PHA Policy
The PHA 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 inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history or criminal history, etc.
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3-III.F. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence [24 CFR 982.553(c)]
PHA Policy
The PHA will use the concept of the preponderance of the evidence as the standard for making all admission decisions.
Preponderance of the evidence is defined as evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole 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 PHA to consider all relevant circumstances when deciding whether to deny assistance based on a family’s past history except in the situations for which denial of assistance is mandatory (see Section 3-III.B).
PHA Policy
The PHA will deny assistance based on the factors previously discussed in this chapter.
Additionally, the PHA will deny assistance to families if there is a preponderance of evidence to show that the family has committed fraud at any time during the application process.
The PHA will consider the following facts and circumstances prior to making its decision:
The seriousness of the case, especially with respect to how it would affect other residents’ safety or property
The effects that denial of assistance may have on other members of the family who were not involved in the action or failure to act
The extent of participation or culpability of individual family members, including whether the culpable family member is a minor or a person with disabilities, or (as discussed further in section 3-III.H.) a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking 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
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While a record or records of arrest will not be used as the sole basis for denial, an arrest may trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the PHA may obtain the police report associated with the arrest and consider the reported circumstances of the arrest. The PHA may also consider:
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
Any other evidence relevant to determining whether or not the applicant engaged in disqualifying activity
Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or property
In the case of drug or alcohol abuse, whether the culpable household member is participating in or has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise been rehabilitated successfully The PHA will require the applicant to submit evidence of the household member’s current participation in or successful completion of a supervised drug or alcohol rehabilitation program, or evidence of otherwise having been rehabilitated successfully.
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Removal of a Family Member's Name from the Application
Should the PHA’s screening process reveal that an applicant’s household includes an individual subject to state lifetime registered sex offender registration, the PHA must offer the family the opportunity to remove the ineligible family member from the household. If the family is unwilling to remove that individual from the household, the PHA must deny admission to the family [Notice PIH 2012-28].
For other criminal activity, the PHA may permit the family to exclude the culpable family members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)].
PHA Policy
As a condition of receiving assistance, a family may agree to remove the culpable family member from the application. In such instances, the head of household must certify that the family member will not be permitted to visit, stay as a guest, or reside in the assisted unit.
After admission to the program, the family must present evidence of the former family member’s current address upon PHA request.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA’s decision concerning denial of admission is subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.
PHA Policy
If the family indicates that the behavior of a family member with a disability is the reason for the proposed denial of assistance, the PHA will determine whether the behavior is related to the stated disability. If so, upon the family’s request, the PHA will determine whether admitting the family as a reasonable accommodation is appropriate. The PHA will only consider accommodations that can reasonably be expected to address the behavior that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of reasonable accommodation.
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3-III.G. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family in writing and schedule an applicant briefing, as discussed in Chapter 5.
If the PHA determines that a family is not eligible for the program for any reason, the family must be notified promptly. The notice must describe: (1) the reasons for which assistance has been denied, (2) the family’s right to an informal review, and (3) the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal review policies and procedures.
PHA Policy
The family will be notified of a decision to deny assistance in writing within 10 business days of the determination.
If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5, Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an opportunity for the applicant to dispute the accuracy and relevance of the information before the PHA can move to deny the application. In addition, a copy of the record must be provided to the subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity to dispute the accuracy and relevance of that record, in the informal review process in accordance with program requirements [24 CFR 982.553(d)].
PHA Policy
If based on a criminal record or sex offender registration information, an applicant family appears to be ineligible the PHA will notify the family in writing of the proposed denial and provide a copy of the record to the applicant and to the subject of the record. The family will be given 10 business days to dispute the accuracy and relevance of the information. If the family does not contact the PHA to dispute the information within that 10-day period, the PHA will proceed with issuing the notice of denial of admission. A family that does not exercise their right to dispute the accuracy of the information prior to issuance of the official denial letter will still be given the opportunity to do so as part of the informal review process.
Notice requirements related to denying assistance to noncitizens are contained in Section 3-II.B.
Notice policies related to denying admission to applicants who may be victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking are contained in Section 3-III.H.
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3-III.H. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, STALKING, AND
HUMAN TRAFFICKING
The Violence against Women Act (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 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.
PHA Policy
The PHA acknowledges that a victim of domestic violence, dating violence, sexual assault, 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 PHA’s policies.
While the PHA is not required to identify whether adverse factors that resulted in the applicant’s denial are a result of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the applicant may inform the PHA that their status as a victim is directly related to the grounds for the denial. The PHA will request that the applicant provide enough information to the PHA to allow the PHA to make an objectively reasonable determination, based on all circumstances, whether the adverse factor is a direct result of their status as a victim.
The PHA will include in its notice of denial the VAWA information described in section 16-IX.C of this plan as well as including a copy of the form HUD-5382. The PHA will request in writing that an applicant wishing to claim protection under VAWA notify the PHA within 14 business days.
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Documentation
Victim Documentation [24 CFR 5.2007]
PHA Policy
If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the PHA will request in writing that the applicant provide documentation supporting the claim in accordance with section 16-IX.D of this plan.
Perpetrator Documentation
PHA Policy
If the perpetrator of the abuse is a member of the applicant family, the applicant must provide additional documentation consisting of one of the following:
A signed statement (1) requesting that the perpetrator be removed from the application and (2) certifying that the perpetrator will not be permitted to visit or to stay as a guest in the assisted unit.
Documentation that the perpetrator has successfully completed, or is successfully undergoing, rehabilitation or treatment. The documentation must be signed by an employee or agent of a domestic violence service provider or by a medical or other knowledgeable professional from whom the perpetrator has sought or is receiving assistance in addressing the abuse. The signer must attest under penalty of perjury to their 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:
• 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.
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(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 their ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions.
People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for AIDS are not excluded from this definition.
A person whose disability is based solely on any drug or alcohol dependence does not qualify as a person with disabilities for the purposes of this program.
For purposes of reasonable accommodation and program accessibility for persons with disabilities, the term person with disabilities refers to an individual with handicaps.
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Individual with Handicaps [24 CFR 8.3]
Individual with handicaps means any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (2) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (3) Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(4) Is regarded as having an impairment means:
(a) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by a recipient as constituting such a limitation; (b) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or (c) Has none of the impairments defined in paragraph (1) of this section but is treated by a recipient as having such an impairment.
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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.
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1001 (a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ means an educational institution in any State that
(1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legally authorized within such State to provide a program of education beyond secondary education;
(3) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ also includes—
(1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
(c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered.
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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 IV of this chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the institutions covered by the definition in section 1001 of this title— (A)A proprietary institution of higher education (as defined in subsection (b) of this section);
(B) A postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) Only for the purposes of part B of subchapter IV of this chapter, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part B of subchapter IV of this chapter.
(2) Institutions outside the United States
(A)In general. For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in section 1001 of this title (except that a graduate medical school, or a veterinary school, located outside the United States shall not be required to meet the requirements of section 1001 (a)(4) of this title).
Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made, insured, or guaranteed under part B of subchapter IV of this chapter unless—
(i) In the case of a graduate medical school located outside the United States— (I)(aa) At least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; and
(bb) At least 60 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part B of subchapter IV of this chapter; or
(II) The institution has a clinical training program that was approved by a State as of January 1, 1992; or
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(ii) In the case of a veterinary school located outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s students complete their clinical training at an approved veterinary school located in the United States.
(B) Advisory panel
(i) In general. For the purpose of qualifying as an institution under paragraph (1)(C) of this subsection, the Secretary shall establish an advisory panel of medical experts that shall—
(I) Evaluate the standards of accreditation applied to applicant foreign medical schools; and
(II) Determine the comparability of those standards to standards for accreditation applied to United States medical schools.
(ii) Special rule if the accreditation standards described in clause (i) are determined not to be comparable, the foreign medical school shall be required to meet the requirements of section 1001 of this title.
(C) Failure to release information. The failure of an institution outside the United States to provide, release, or authorize release to the Secretary of such information as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part B of subchapter IV of this chapter.
(D)Special rule. If, pursuant to this paragraph, an institution loses eligibility to participate in the programs under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, then a student enrolled at such institution may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under part B while attending such institution for the academic year succeeding the academic year in which such loss of eligibility occurred.
(3) Limitations based on course of study or enrollment. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution—
(A)Offers more than 50 percent of such institution’s courses by correspondence, unless the institution is an institution that meets the definition in section 2471 (4)(C) of this title;
(B) Enrolls 50 percent or more of the institution’s students in correspondence courses, unless the institution is an institution that meets the definition in such section, except that the Secretary, at the request of such institution, may waive the applicability of this subparagraph to such institution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2-or 4-year program of instruction (or both) for which the institution awards an associate or baccalaureate degree, respectively;
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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 associate’s degree or a postsecondary diploma, respectively; or (D)Has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its recognized equivalent, and does not provide a 2-or 4- year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the institution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agencies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent.
(4) Limitations based on management. An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— (A)The institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, except that this paragraph shall not apply to a nonprofit institution, the primary function of which is to provide health care educational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or
(B) The institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involving the acquisition, use, or expenditure of funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42, or has been judicially determined to have committed fraud involving funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42.
(5) Certification. The Secretary shall certify an institution’s qualification as an institution of higher education in accordance with the requirements of subpart 3 of part G of subchapter IV of this chapter.
(6) Loss of eligibility. An institution of higher education shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this chapter.
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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 students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
(c) Postsecondary vocational institution.
(1) Principal criteria. For the purpose of this section, the term ‘‘postsecondary vocational institution’’ means a school that—
(A)Provides an eligible program of training to prepare students for gainful employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a) of this title; and
(C) Has been in existence for at least 2 years.
(2) Additional institutions. The term ‘‘postsecondary vocational institution’’ also includes an educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
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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 PHA with the information needed to determine the family’s eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list.
When HCV assistance becomes available, the PHA must select families from the waiting list in accordance with HUD requirements and PHA policies as stated in the administrative plan and the annual plan.
The PHA is required to adopt clear policies and procedures for accepting applications, placing families on the waiting list, and selecting families from the waiting list, and must follow these policies and procedures consistently. The actual order in which families are selected from the waiting list can be affected if a family has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding.
HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that the PHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2.
This chapter describes HUD and PHA policies for taking applications, managing the waiting list and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows:
Part I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how the PHA will handle the applications it receives.
Part II: Managing the Waiting List. This part presents the policies that govern how the PHA’s waiting list is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process the PHA will use to keep the waiting list current.
Part III: Selection for HCV Assistance. This part describes the policies that guide the PHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in-person interviews will be used to ensure that the PHA has the information needed to make a final eligibility determination.
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PART I: THE APPLICATION PROCESS
4-I.A. OVERVIEW
This part describes the PHA policies for making applications available, accepting applications making preliminary determinations of eligibility, and the placement of applicants on the waiting list. This part also describes the PHA’s obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP).
4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] Any family that wishes to receive HCV assistance must apply for admission to the program.
HUD permits the PHA to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by the PHA. The PHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of the PHA’s application.
PHA Policy
A two-step process will be used when it is expected that a family will not be selected from the waiting list for at least 60 days from the date of application. Under the two-step application process, the PHA initially will require families to provide only the information needed to make an initial assessment of the family’s eligibility, and to determine the family’s placement on the waiting list. The family will be required to provide all information necessary to establish family eligibility and level of assistance when the family is selected from the waiting list.
Step one. The Redondo Beach Housing Authority will accept online pre-applications only. Applicants will provide only the information needed to make an initial assessment of the family’s eligibility and to determine placement on the waiting list.
Pre-applications will only be available and accepted during open enrollment through the online electronic process available on the Redondo Beach Housing Authority website.
Incomplete or duplicate applications will not be accepted. A P.O. Box or mailing only address will not be accepted.
If an elderly person or a person with disabilities is unable to complete the online preapplication process due to the nature of their disability, then they may contact the Redondo Beach Housing Authority during business hours to request a reasonable accommodation for assistance with the online pre-application. Reasonable accommodation requests will only be accepted during the time the application process is open. To prevent delay, reasonable accommodation requests will be accepted without third-party verification.
Step two. The family is selected from the waiting list and is required to provide all of the information necessary to establish family eligibility and level of assistance.
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4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 – 4-13] The PHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard PHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals with disabilities. The application-taking facility and the application process must be fully accessible, or the PHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of the PHA’s policies related to providing reasonable accommodations for people with disabilities.
Limited English Proficiency
PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on the PHA’s policies related to ensuring access to people with limited English proficiency (LEP).
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4-I.D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary assessment of the family’s eligibility. The PHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a waiting list of applicants.
No applicant has a right or entitlement to be listed on the waiting list, or to any particular position on the waiting list [24 CFR 982.202(c)].
Ineligible for Placement on the Waiting List
PHA Policy
If the PHA can determine from the information provided that a family is ineligible, the family will not be placed on the waiting list. Where a family is determined to be ineligible, the PHA will send written notification of the ineligibility determination within 30 business days of receiving a complete application. The notice will specify the reasons for ineligibility and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16).
Eligible for Placement on the Waiting List
PHA Policy
The PHA will send written notification of the preliminary eligibility determination within 30 business days of receiving a complete application. An email notification can fulfill this requirement.
Placement on the waiting list does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the waiting list.
Applicants will be placed on the waiting list according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA.
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PART II: MANAGING THE WAITING LIST
4-II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the waiting list of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waiting list openings and closings, updating waiting list information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants.
In addition, HUD imposes requirements on how a PHA may structure its waiting list and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program.
4-II.B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 205] The PHA’s HCV waiting list must be organized in such a manner to allow the PHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan.
The waiting list must contain the following information for each applicant listed:
• Applicant name;
• Family unit size;
• Date and time of application;
• Qualification for any local preference;
• Racial or ethnic designation of the head of household.
HUD requires the PHA to maintain a single waiting list for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waiting list for each county or municipality served.
PHA Policy
The PHA will maintain a single waiting list for the HCV program.
The PHA will maintain a separate waiting list for Project Based Vouchers.
HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the waiting list for any public housing, project-based voucher or moderate rehabilitation program the PHA operates if 1) the other programs’ waiting lists are open, and 2) the family is qualified for the other programs.
HUD permits, but does not require, that PHAs maintain a single merged waiting list for their public housing, Section 8, and other subsidized housing programs.
A family’s decision to apply for, receive, or refuse other housing assistance must not affect the family’s placement on the HCV waiting list, or any preferences for which the family may qualify.
PHA Policy
The PHA will not merge the HCV waiting list with the waiting list for any other program the PHA operates.
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4-II.C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List
A PHA is permitted to close the waiting list if it has an adequate pool of families to use its available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria.
PHA Policy
The PHA will close the waiting list when the estimated waiting period for housing assistance for applicants on the list reaches 24 months for the most current applicants.
Where the PHA has particular preferences or funding criteria that require a specific category of family, the PHA may elect to continue to accept applications from these applicants while closing the waiting list to others (Foster Youth to Independence, Veterans Affairs Supportive Housing, etc.).
Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received.
PHA Policy
The PHA will announce the reopening of the waiting list at least 10 business days prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice.
The PHA may elect to continuously accept applications from particular preferences and/or targeted funding and/or a specific category of family while closing the waiting list to others.
The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:
www.redondo.org
The Beach Reporter
South Bay Daily Breeze
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4-II.D. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient number of applicants on the waiting list to use the HCV resources it has been allotted.
Because HUD requires the PHA to admit a specified percentage of extremely low-income families to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21].
PHA outreach efforts must comply with fair housing requirements. This includes:
• Analyzing the housing market area and the populations currently being served to identify underserved populations
• Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program
• Avoiding outreach efforts that prefer or exclude people who are members of a protected class PHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities:
• Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low-income population
• Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities PHA Policy
The PHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in the PHA’s jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved.
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4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
PHA Policy
While the family is on the waiting list, the family must immediately inform the PHA of changes in contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing.
4-II.F. UPDATING THE WAITING LIST [24 CFR 982.204]
HUD requires the PHA to establish policies to use when removing applicant names from the waiting list.
Purging the Waiting List
The decision to withdraw an applicant family that includes a person with disabilities from the waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and the PHA determines that the family did not respond because of the family member’s disability, the PHA must reinstate the applicant family to their former position on the waiting list [24 CFR 982.204(c)(2)].
PHA Policy
The waiting list will be updated as needed to ensure that all applicants and applicant information is current and timely.
To update the waiting list, the PHA will send an update request via first class mail or email 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 or email that the PHA has on record for the family. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant’s name being removed from the waiting list.
The family’s response must be in writing and may be delivered in person, by mail, by email, or by fax. Responses should be postmarked or received by the PHA not later than 30 calendar days from the date of the PHA 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 resent to the address indicated. The family will have 30 calendar days to respond from the date the letter was re-sent.
If a family is removed from the waiting list for failure to respond, the PHA may reinstate the family if it is determined that the lack of response was due to PHA error, or to circumstances beyond the family’s control, 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 Applications, Waiting List and Tenant Selection Redondo Beach Housing Authority December 2025 Page 4-11
such abuse. As a courtesy the PHA may reinstate a family to the waiting list as long as the request has been made within one year of removal. Considerations for reinstatement will not be given to requests made after one year of removal from the waiting list.
Removal from the Waiting List
PHA Policy
If at any time an applicant family is on the waiting list, the PHA determines that the family is not eligible for assistance (see Chapter 3), the family will be removed from the waiting list.
If a family is removed from the waiting list because the PHA has determined the family is not eligible for assistance, 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 reasons the family was removed from the waiting list and will inform the family how to request an informal review regarding the PHA’s decision (see Chapter 16) [24 CFR 982.201(f)].
App
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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 part.
The order in which families are selected from the waiting list depends on the selection method chosen by the PHA 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 PHA must maintain a clear record of all information required to verify that the family is selected from the waiting list according to the PHA’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 PHA 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 PHA must maintain records showing that such families were admitted with special program funding.
Targeted Funding [24 CFR 982.204(e)]
HUD may award a PHA funding for a specified category of families on the waiting list. The PHA must use this funding only to assist the families within the specified category. In order to assist families within a targeted funding category, the PHA 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.
PHA Policy
The PHA administers the following types of targeted funding:
Veterans Affairs Supportive Housing (VASH) – - HUD-VASH vouchers are issued to homeless Veterans or Veteran families.
Emergency Housing Vouchers (EHV) - EHVs are issued to individuals and families who are homeless, at-risk of homelessness, fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, or were recently homeless or have a high risk of housing instability.
Foster Youth to Independence Initiative (FYI)– Tenant Protection Vouchers are awarded to youth eligible under the Family Unification Program (FUP). Vouchers are for 36 months and dedicated to house youth between 18 to 24 years old, is Applications, Waiting List and Tenant Selection Redondo Beach Housing Authority December 2025 Page 4-14
homeless or at-risk of becoming homeless, and have been previously involved with the foster care system.
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.
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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 PHA 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 PHA to establish other local preferences, at its discretion.
Any local preferences established must be consistent with the PHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources.
PHA Policy
The PHA will use the following local preferences:
1. Residents who live, work, or have been hired to work in the City of Redondo Beach will be given a selection priority. A Post Office Box, garage, office space, a mailing-only address, or other space not authorized for residency will not be accepted.
Resident: Head of Household, or spouse or co-head who resides within the City of Redondo Beach and who has as its sole residential address a Redondo Beach physical address. (Post Office boxes, garages, office space, or other space not authorized for residency are not considered residential addresses and cannot be used for purposes of establishing Redondo Beach residency.) Persons who reside in zip codes 90277 or 90278 but who have physical addresses outside of the City of Redondo Beach are not considered residents.
Also, if it turns out that an applicant family has provided an address belonging to a participant family, the PHA will advise the applicant family that is not a valid address for purposes of establishing a Redondo Beach residency preference, unless that applicant was approved to live in the participant family’s unit prior to the application submittal.
Residents may also be persons who work or have been notified they have been hired to work in Redondo Beach, as described above.
2. Veterans from the U.S. Military (Army, Navy, Air Force, Marine Corp, and Coast Guard). A Post Office Box or a mailing-only address will not be accepted. A DD-214 form indicating HONORABLE discharge status must be presented.
3. Emergency Housing Vouchers (EHV) disabled or elderly preference.
Currently assisted Redondo Beach Housing Authority EHV participants with a head of household, spouse, or co-head who are disabled (by the Social Security Administration definition) or elderly (62 years of age or older) whose EHV assistance is expiring and will lack adequate housing as a result of the termination of their EHV assistance will be eligible for this selection preference. Formally assisted EHV families whose assistance was terminated Applications, Waiting List and Tenant Selection Redondo Beach Housing Authority December 2025 Page 4-16
by the Redondo Beach Housing Authority within the last twenty-four (24) months of the date of application due to lack of funding will be eligible for this preference.
4. Emergency Housing Vouchers (EHV) preference. Currently assisted Redondo Beach Housing Authority EHV participants whose EHV assistance is expiring and will lack adequate housing as a result of the termination of their EHV assistance will be eligible for this selection preference. Formally assisted EHV families whose assistance was terminated by the Redondo Beach Housing Authority within the last twenty-four (24) months of the date of application due to lack of funding will be eligible for this preference.
5. One-person household applicants who are disabled (by the Social Security Administration definition) or elderly (62 years of age or older) will receive a selection priority over other single individual-applicant households.
6. All applicant households with two or more persons related by blood, marriage, or who have a history of residing together for the past 12 consecutive months will receive the same selection priority as one-person disabled and elderly applicant households.
7. Homeless applicant(s) that meet HUD’s definition of “chronically homeless” and referred by an eligible organization. To be eligible for this preference the applicant(s) homelessness must be first verified by the eligible organization.
Homeless Families Referred by an Eligible Organization:
Families that qualify for the homeless preference must meet HUD’s definition of “chronically homeless” and referred by an approved Coordinated Entry System (CES). The referring entity must provide a certification of the family’s homeless status. Funding and eligible applicants available, the Housing Authority will assign available HCV voucher funding to applicants that qualify for the homeless preference category. As approved by the City of Redondo Beach Housing Authority Board, the Housing Authority may assist up to five (5) homeless applicants per fiscal year. Additionally, families registered on the waiting list that declare themselves as homeless, but are not referred by an approved CES, must provide a certification of their homeless status from a government organization or other organization i.e. People Assisting the Homeless (PATH), Los Angeles Homeless Services Authority (LAHSA) or similar that is qualified to determine their homelessness.
Families claiming the homeless preference must meet HUD’s definition of “chronically homeless” and/or must have a history of contacts (approximately 5 or more contacts within a 1-year period) with Redondo Beach Police Department.
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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 PHA’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 PHA 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)].
PHA Policy
The PHA 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.
Order of Selection
The PHA system of preferences may select families based on local preferences according to the date and time of application or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA 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)].
PHA Policy
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 PHA’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 PHA. Documentation will be maintained by the PHA 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 PHA does not have to ask higher placed families each time targeted selections are made.
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4-III.D. NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, the PHA must notify the family [24 CFR 982.554(a)].
PHA Policy
The PHA will notify the family by first class mail or email 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
Who is required to attend the 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 PHA 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 PHA obtain the information and documentation needed to make an eligibility determination though a face-to-face interview with a PHA 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 PHA 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 PHA [Notice PIH 2018-24].
Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability.
PHA 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 not present at the interview will not begin until signed release forms are returned to the PHA.
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, they will be required to provide it within 10 business days.
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Pending disclosure and documentation of social security numbers, the PHA will allow the family to retain its place on the waiting list for 45 days. If not all household members have disclosed their SSNs at the next time the PHA is issuing vouchers, the PHA will issue a voucher to the next eligible applicant family on the waiting list.
The family must provide the information necessary to establish the family’s eligibility and determine the appropriate level of assistance, and must complete required forms, provide required signatures, and submit required documentation. If any materials are missing, the PHA 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 limited English proficient (LEP) applicants, the PHA will provide translation services in accordance with the PHA’s LEP plan.
If the family is unable to attend a scheduled interview, the family should contact the PHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a scheduled interview, the PHA will send another notification letter with a new interview appointment time. Applicants who fail to attend two scheduled interviews without PHA 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.
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4-III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on verified information, the PHA 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.
PHA Policy
If the PHA determines that the family is ineligible, the PHA 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 PHA will notify the family in writing that it has been returned to the waiting list, and will specify the reasons for it.
If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family to attend a briefing in accordance with the policies in 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 PHA 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 PHA issues the family a voucher. The voucher includes the unit size for which the family qualifies based on the PHA’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 PHA 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 PHA’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 PHA 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 PHA’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. The PHA must take reasonable steps to ensure meaningful access by persons with Limited English proficiency.
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5-I.B. BRIEFING [24 CFR 982.301]
Notification of Briefing
Prior to issuance of a voucher, the PHA must give the family an oral briefing and provide the family with a briefing packet containing written information about the program. Families may be briefed in individual face-to-face meetings, through group briefing sessions, or via remote briefing sessions.
PHA Policy
Families will be notified of their eligibility for assistance at the time they are invited to a briefing. The notice will be sent by first class mail and will also be sent by email if the family has provided a valid email address to the PHA.
The notice will advise the family of the type of briefing, who is required to be present at the briefing, and the date and time of the briefing. The notice will also inform the family of any additional requirements for in-person or remote briefings as addressed in relevant policy elsewhere in this section.
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 resent to the address indicated.
In-Person Briefings
At the briefing, the PHA must ensure effective communication in accordance with Section 504 requirements (Section 504 of the Rehabilitation Act of 1973) and ensure that the briefing site is accessible to individuals with disabilities. For a more thorough discussion of accessibility requirements, refer to Chapter 2.
PHA Policy
In-person briefings will generally be conducted in group meetings. At the family’s written request, the PHA may provide an individual briefing.
Generally, the head of household is required to attend the briefing. If the head of household is unable to attend, the PHA 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 PHA staff person.
Briefings will be conducted in English. For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA’s LEP plan (See Chapter 2).
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Attendance
PHA Policy
Applicants who fail to attend a scheduled in-person briefing will be scheduled for another briefing automatically. The PHA will notify the family of the date and time of the second scheduled briefing. Applicants who fail to attend two scheduled briefings, without prior PHA approval, will be denied assistance (see Chapter 3).
Remote Briefings [Notice PIH 2020-32]
Remote briefings may be conducted over the phone, via video conferencing, or through other virtual platforms.
PHA Policy
The PHA 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 PHA schedules a remote briefing, the PHA will conduct a face-toface 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 PHA 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, 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.
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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.
PHA Policy
At least 10 business days prior to scheduling the remote briefing, the PHA 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 PHA 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 PHA 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 PHA 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.
The PHA will provide a link to access the Redondo Beach HCV orientation video. Once you have seen the video it is important that you complete the video confirmation notice.
The PHA will provide login information and/or conferencing call-in information and an electronic copy of the briefing packet via email at least five business days before the briefing. The PHA will provide a paper copy of the briefing packet upon family request and may reschedule the briefing to allow adequate time for the family to receive the physical briefing packet.
The PHA 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 PHA 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 oneon-one briefing over the phone or in person with the PHA.
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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 PHA’s jurisdiction and any information on selecting a unit that HUD provides; • An explanation of how portability works;
• The PHA 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; and • An explanation of the advantages of areas that do not have a high concentration of low-income families.
The PHA may not discourage the family from choosing to live anywhere in the PHA’s jurisdiction or outside the PHA’s jurisdiction under portability, unless otherwise expressly authorized by statute, regulation, PIH Notice, or court order.
The PHA must take appropriate steps to ensure effective communication in accordance with 24 CFR 8.6 and 28 CFR part 35, subpart E, and must provide information on the reasonable accommodation process.
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Briefing Packet [24 CFR 982.301(b); New HCV GB, Housing Search and Leasing, p. 7] Documents and information provided in the briefing packet must include the following:
• The term of the voucher, voucher suspensions, and the PHA’s policies on any extensions of the term. If the PHA 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 PHA determines the payment standard for a family and how the PHA determines total tenant payment for a family.
• An explanation of how the PHA 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 an explanation of how to request approval.
• A statement of the PHA policy on providing information about families to prospective owners.
• The PHA subsidy standards and when the PHA will consider granting exceptions as allowed by 24 CFR 982.402(b)(8), and when exceptions are required as a reasonable accommodation for persons with disabilities under Section 504, the Fair Housing Act, or the Americans with Disabilities Act (ADA).
• Materials (e.g., brochures) on how to select a unit and any additional information on selecting a unit that HUD provides (e.g., HUD brochure entitled, “A Good Place to Live”). • Information on federal, state and local equal opportunity laws, the contact information for the Section 504 coordinator, a copy of the housing discrimination complaint form, and information on how to request a reasonable accommodation or modification (including information on requesting exception payment standards as a reasonable accommodation) under Section 504, the Fair Housing Act, or the Americans with Disabilities Act (ADA). • A list of landlords known to the PHA who may be willing to lease a unit to the family or other resources (e.g., newspapers, organizations, online search tools) known to the PHA that may assist the family in locating a unit. PHAs must 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 PHA is subject to requirements under 24 CFR 8.28(a)(3) to provide a current listing of accessible units known to the PHA, and if necessary, other assistance in locating an available unit.
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• The family obligations under the program.
• PHA informal hearing procedures including when the PHA 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, which may include access to accessible and highquality housing, transit, employment opportunities, educational opportunities, recreational facilities, public safety stations, retail services, and health services. • The HUD pamphlet on lead-based paint entitled, “Protect Your Family from Lead in Your Home” [24 CFR 35.88].
If the PHA 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
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Additional Items to Be Included in the Briefing Packet
In addition to items required by the regulations, PHAs may wish to include supplemental materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice PIH 2017-12].
PHA Policy
The PHA will provide the following additional materials in the briefing packet:
The grounds on which the PHA may terminate assistance for a participant family because of family action or failure to act
Requirements for notifying the PHA of any changes in income or family composition
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 contain information on VAWA protections for victims of domestic violence, dating violence, sexual assault, and stalking
“Is Fraud Worth It?” (form HUD-1141-OIG), which explains the types of actions a family must avoid and the penalties for program abuse “What You Should Know about EIV,” a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment to Notice PIH 2017-12
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5-I.C. FAMILY OBLIGATIONS
Obligations of the family are described in the housing choice voucher (HCV) regulations and on the voucher itself. These obligations include responsibilities the family is required to fulfill, as well as prohibited actions. The PHA 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 PHA Policy
It is the family’s responsibility to report to the Housing Authority, within 10 business days of occurrence, any changes in family or circumstances that may occur while on the program. Changes must be reported in writing and submitted within the two-week time period. Changes that must be reported include the following:
The acquisition of any new source of income, including but not limited to wages, benefits, family support.
Increases in total gross household income that exceeds the income last reported to the PHA. (This could be from a wage increase, a benefit increase, or any increase of household income.)
Change in full-time student status.
Reinstatement of any benefits that previously were not included in income by the PHA.
Any minor, under 18 years old, moves into the unit for any reason, including but not limited to as a result of birth, adoption, foster care, or court awarded custody. (Persons 18 and older are never permitted to move into the unit without PHA advance authorization.) When a family is required to provide notice to the PHA, 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 PHA 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 PHA 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 may be held responsible for a breach of housing quality standards caused by the family’s failure to pay tenant-provided utilities or appliances, or damages to the dwelling unit or premises beyond ordinary wear and tear caused by any member of the household or guest.
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PHA Policy
Damages beyond ordinary 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 PHA to inspect the unit at reasonable times and after reasonable notice, as described in Chapter 8 of this plan.
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• The family must not commit any serious or repeated violation of the lease.
PHA Policy
The PHA 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, 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 PHA and the owner before moving out of the unit or terminating the lease.
PHA Policy
The family must comply with lease requirements regarding written notice to the owner.
The family must provide written notice to the PHA at the same time the owner is notified.
Unless approved by the PHA, the family must return the house keys and remove all belongings from the assisted unit before the PHA will begin assistance for the family at a new unit.
• The family must promptly give the PHA 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 PHA.
The family must promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child. The family must request PHA approval to add any other family member as an occupant of the unit.
PHA Policy
The request to add a family member must be submitted in writing and approved prior to the person moving into the unit. The PHA will determine eligibility of the new member in accordance with the policies in Chapter 3.
• The family must promptly notify the PHA in writing if any family member no longer lives in the unit.
• If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The PHA has the discretion to adopt reasonable policies concerning residency by a foster child or a live-in aide, and to define when PHA 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).
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• The family must not sublease the unit, assign the lease, or transfer the unit.
PHA 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 PHA to verify that the family is living in the unit or information related to family absence from the unit. • The family must promptly notify the PHA when the family is absent from the unit.
PHA Policy
In accordance with HUD regulations, a family may in no case be absent from the unit for a period of more than 180 consecutive calendar days. In cases where a tenant plans to be absent from the unit for more than thirty days, the family must notify the Housing Authority in advance and in writing. The family must state the reason for the absence.
Furthermore, the Housing Authority will not permit a family to be absent for more than sixty consecutive days except for serious illness or accident. For medical absences of over sixty days, the tenant (or someone in the tenant’s behalf) must secure verification for the Housing Authority from the patient’s doctor, verifying the situation and stating that the tenant is expected to return to the unit in less than five months (150 days) from the time the tenant first left. The Housing Authority may terminate assistance if this is not done.
If the tenant does not return to the unit at the end of the five-month period, staff will notify the landlord that assistance will end in thirty more days unless the tenant returns to the unit in that time period. Simultaneously, staff will notify the tenant of the PHA intent to terminate assistance. 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 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 PHA 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 PHA policies related to alcohol abuse.
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• 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.
• 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 PHA 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 PHA 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 family should receive, and the policies that govern making exceptions to those standards. The PHA 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 PHA determines the appropriate number of bedrooms under the PHA 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 PHA 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 24 CFR 5.703. • 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 twoperson family. • Any live-in aide (approved by the PHA 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; Briefings and Voucher Issuance Redondo Beach Housing Authority December 2025 Page 5-14
• 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 PHA subsidy standards.
PHA Policy
The PHA will assign one bedroom for each two persons within the household, except in the following circumstances:
Live-in aides will be allocated one separate bedroom. No additional bedrooms are provided for the Live-in aide’s family.
The PHA will reference the following chart in determining the appropriate voucher size for participant families:
Voucher Size Persons in Household
(Minimum – Maximum)
1 Bedroom 1-2
2 Bedrooms 3-4
3 Bedrooms 5-6
4 Bedrooms 7-8
5 Bedrooms 9-10
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5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS
In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if the PHA 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
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)].
PHA Policy
The PHA 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. The family will need to explain why the living room cannot be used as a sleeping area for one family member (assuming that is not already the case), if the family is requesting an additional bedroom.
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 request 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 PHA 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.
Families with changes in household composition will be right-sized.
Families wishing to move will be issued the appropriate size voucher, based on the current subsidy standards.
Additional adult members will not be permitted to join an existing participant family if the additional adult/s will result in the need for an increased subsidy standard and a higher payment standard, except when needed as a reasonable accommodation.
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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 PHA 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 PHA has determined the family to be eligible for the program, and that the PHA expects to have money available to subsidize the family if the family finds an approvable unit. However, the PHA 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 PHA’s Housing Choice Voucher program [Voucher, Form HUD-52646].
The PHA must issue the family a voucher within 60 days of determining the family eligible [24 CFR 982.201(e)]. The income documentation must be dated within 120 days of when it was received by the PHA. However, for fixed-income sources, including Social Security benefits, the documentation must be dated within the appropriate benefit year.
PHA Policy
Vouchers will be issued to eligible applicants immediately following the mandatory briefing.
The PHA 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 PHA must wait until it has adequate funds before it calls another family from the list [HCV GB p. 8-10].
PHA Policy
Prior to issuing any vouchers, the PHA will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter 16.
If the PHA determines that there is insufficient funding after a voucher has been issued, the PHA may rescind the voucher and place the affected family back on the waiting list.
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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)].
PHA Policy
The initial voucher term will be 60 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease within the 60-day period unless the PHA grants an extension.
Extensions of Voucher Term [24 CFR 982.303(b)]
The PHA 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 PHA can approve. Discretionary policies related to extension and expiration of search time must be described in the PHA’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.
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The family must be notified in writing of the PHA’s decision to approve or deny an extension.
The PHA’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)].
PHA Policy
The PHA will automatically approve two 30-day extension upon written request from the family for a total of 120 days.
The PHA 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 PHA. Following is a list of extenuating circumstances that the PHA 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 PHA
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 PHA may require the family to provide documentation to support the request or obtain verification from a qualified third party.
All requests for extensions to the voucher term must be made in writing and submitted to the PHA prior to the expiration date of the voucher (or extended term of the voucher).
The PHA 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 PHA must provide for suspension of the initial or any extended term of the voucher from the date the family submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing whether the request has been approved or denied.
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 PHA 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].
PHA Policy
If an applicant family’s voucher term or extension expires before the PHA has approved a tenancy, the PHA will require the family to reapply for assistance.
Within 10 business days after the expiration of the voucher term or any extension, the PHA will notify the family in writing that the voucher term has expired and that the family must reapply when the waiting list is open in order to be placed on the waiting list.
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Chapter 6.A.
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
INTRODUCTION
This chapter is applicable prior to the PHA’s HOTMA 102/104 compliance date. After this date, the PHA will follow policies as outlined in Chapter 6.B. of the model policy.
The program regulations in the current Code of Federal Regulations (CFRs) were updated for HOTMA on January 1, 2024. As a result, pre-HOTMA regulations from 2023 are no longer available on the electronic CFRs. However, since full HOTMA implementation is still pending, the pre-HOTMA regulations continue to apply to some elements of the program, and this chapter makes references to both pre-HOTMA and HOTMA regulations where applicable. Where HOTMA regulations apply, citations in this chapter have been provided indicating that current HOTMA CFRs are applicable. For all other citations, the pre-HOTMA CFRs apply. The federal government archives previous versions of the CFRs, and PHAs may access them here:
https://www.govinfo.gov/app/collection/cfr/2023/title24.
A family’s income determines eligibility for assistance and is also used to calculate the family’s payment and the PHA’s subsidy. The PHA 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 PHA 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 a family’s annual income. These requirements and PHA policies for calculating annual income are found in Part I.
• Part II: Adjusted Income. Once annual income has been established HUD regulations require the PHA to subtract from annual income any of five mandatory deductions for which a family qualifies. These requirements and PHA policies for calculating adjusted income are found in Part II.
• Part III: Calculating Family Share and PHA Subsidy. This part describes the statutory formula for calculating total tenant payment (TTP), the use of utility allowances, and the methodology for determining PHA subsidy and required family payment.
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PART I: ANNUAL INCOME
6-I.A. OVERVIEW
5.609 Annual income.
(a) Annual income means 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 [5.609(c)]. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access.
In addition to this general definition, HUD regulations establish policies for treating specific types of income and assets. The full texts of those portions of the regulations are provided in exhibits at the end of this chapter as follows:
• Annual Income Inclusions (Exhibit 6-1)
• Annual Income Exclusions (as updated for HOTMA per Notice PIH 2024-38) (Exhibit 6-2) • Treatment of Family Assets (Exhibit 6-3)
• The Effect of Welfare Benefit Reduction (Exhibit 6-4) 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. Verification requirements for annual income are discussed in Chapter 7.A.
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6-I.B. HOUSEHOLD COMPOSITION AND INCOME
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. 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 is excluded [24 CFR 5.609(b)(8) as updated for HOTMA].
Foster child or foster adult Income from all sources is excluded [24 CFR 5.609(b)(8) as updated for HOTMA].
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)].
Minors Earned income of children under 18 years of age is excluded [24 CFR 5.609(b)(3) as updated for HOTMA].
All sources of income, except those specifically excluded by the regulations, are included.
Full-time students 18 years of
age or older (not head, spouse,
or cohead)
Earned income in excess of the dependent deduction is
excluded [24 CFR 5.609(b)(14) as updated for HOTMA].
All sources of income, except those specifically excluded by the regulations, are included.
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Temporarily Absent Family Members
The income of 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].
PHA 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
PHA 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 PHA 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
Children temporarily absent from the home as a result of placement in foster care are considered members of the family [24 CFR 5.403].
PHA Policy
If a child has been placed in foster care, the PHA will verify with the appropriate agency whether and when the child is expected to be returned to the home. Unless the agency confirms that the child has been permanently removed from the home, the child will be counted as a family member.
Absent Head, Spouse, or Cohead
PHA Policy
An employed head, spouse, or cohead absent from the unit more than 180 consecutive days due to employment will continue to be considered a family member.
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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].
PHA Policy
The PHA 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 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.
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.
Joint Custody of Dependents
PHA Policy
Dependents that are subject to a joint custody arrangement will be considered a member of the family, if they live with the applicant or participant family 51 percent or more of the time.
When more than one applicant or participant family is claiming the same dependents as family members, the family with primary custody at the time of the initial examination or reexamination will be able to claim the dependents. If there is a dispute about which family should claim them, the PHA will make the determination based on available documents such as court orders, school records, or an IRS return showing which family has claimed the child for income tax purposes.
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Caretakers for a Child
PHA Policy
The approval of a caretaker is at the owner and PHA’s discretion and subject to the owner and PHA’s screening criteria. If neither a parent nor a designated guardian remains in a household receiving HCV assistance, the PHA 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 PHA 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 the family for any deductions from income.
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6-I.C. ANTICIPATING ANNUAL INCOME
The PHA is required to count all income “anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date” [24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below.
Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for the coming 12-month period. HUD authorizes the PHA to use other than current circumstances to anticipate income when:
• An imminent change in circumstances is expected [HCV GB, p. 5-17] • It is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income) [24 CFR 5.609(d)]
• The PHA believes that past income is the best available indicator of expected future income [24 CFR 5.609(d)]
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 tenant-provided documents (pay stubs) dated within 120 days of the date received by the PHA 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. The PHA may also accept a statement dated within the appropriate benefit year for fixed income sources.
PHA Policy
When EIV is obtained and the family does not dispute the EIV employer data, the PHA will use current tenant-provided documents to project annual income. When the tenantprovided documents are pay stubs, the PHA will make every effort to obtain current and consecutive pay stubs dated within the last 60 days.
The PHA 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 PHA determines additional information is needed.
In such cases, the PHA 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 PHA annualized projected income.
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When the PHA cannot readily anticipate income based upon current circumstances (e.g., in the case of seasonal employment, unstable working hours, or suspected fraud), the PHA 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 PHA to show why the historic pattern does not represent the family’s anticipated income.
Known Changes in Income
If the PHA verifies an upcoming increase or decrease in income, annual income will be calculated 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 reexamination. In such a case the PHA 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 PHA will calculate annual income using current circumstances and then require an interim reexamination when the change actually occurs. This requirement will be imposed even if the PHA’s policy on reexaminations does not require interim reexaminations for other types of changes.
When tenant-provided third-party documents are used to anticipate annual income, they will be dated within 60 days of the date received by the PHA. Statements dated within the appropriate benefit year will be accepted for fixed income sources.
Projecting Income
In HUD’s EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly wages to project annual income.
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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; Notice PIH 2024-38]
The 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) as updated for HOTMA].
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 as updated for HOTMA].
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) as updated for HOTMA]. Income earned as a day laborer is not considered nonrecurring income.
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) as updated for HOTMA]. 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]. Income earned as a seasonal worker is not considered nonrecurring income.
PHA Policy
For persons who regularly receive bonuses or commissions, the PHA will verify and then average amounts received for the two years preceding admission or reexamination. If only a one-year history is available, the PHA will use the prior year amounts. In either case the family may provide, and the PHA 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 PHA will count only the amount 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 except for the special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(b)(11) as updated for HOTMA].
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Types of Earned Income Not Counted in Annual Income
Earnings of a Minor [24 CFR 5.609(b)(3) as updated for HOTMA] A minor is a member of the family, other than the head of household or spouse, who is under 18 years of age. Employment income earned by minors is not included in annual income. All other sources of unearned income, except those specifically excluded by the regulations, are included.
Earned Income of Full-Time Students [24 CFR 5.609(b)(14) as updated for HOTMA] The earned income of a dependent full-time student in 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 spouse/cohead is considered a full-time student if they are attending school or vocational training on a full-time basis [24 CFR 5.603(b)].
Full-time status is defined by the educational or vocational institution the student is attending [New PH OCC GB, Lease Requirements, p. 5].
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(b)(8) as updated for HOTMA]. (See Eligibility chapter for a full discussion of live-in aides.)
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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]
HOTMA removed the statutory authority for the EID. The EID is available only to families that are eligible for and participating in 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 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 their “baseline income.” The family member’s baseline income is their income immediately prior to qualifying for the EID.
The family member’s baseline income remains constant throughout the period that they are participating in the EID.
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.
PHA 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.
PHA Policy
During the second 12-month exclusion period, the PHA 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. The EID will sunset on January 1, 2026. In no circumstances will a family member’s exclusion period continue past January 1, 2026.
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6-I.F. BUSINESS INCOME [24 CFR 5.609(b)(28) as updated for HOTMA; Notice PIH 2023-27)]
Annual income includes “the net income from the operation of a business or profession. Net income is gross income minus business expenses that allows the business to 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”.
PHA Policy
To determine business expenses that may be deducted from gross income, the PHA 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 2.609 (b)(24) as updated for HOTMA].
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) as updated for HOTMA]. This may include individuals such as third-party delivery and transportation service providers and “gig workers” like babysitters, landscapers, rideshare drivers, and house cleaners. Income earned as an independent contractor is not considered nonrecurring income.
Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for business expansion.
PHA 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.
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Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of capital indebtedness.
PHA 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 PHA 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 PHA 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.
PHA 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 PHA 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
PHA 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.
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6-I.G. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9)] Introduction
The treatment of student financial assistance depends on the HUD program, student/household characteristics, and the type of financial assistance received by the student. For public housing residents, all income received under Title IV of the HEA must be excluded from income. Other student financial assistance may be included depending on the students actual covered costs to For Section 8 programs, including HCV, however, for over 10 years HUD appropriations have included a provision that for Section 8 students who are age 23 and under and without dependent children, any amounts received in excess of tuition and any other required fees and charges must be considered income. Under HOTMA, HUD has interpreted this limitation to apply when the student is the head of household or spouse, but not when the student resides with their parents [71 FR 18146].
For any funds from a year where HUD’s appropriations continue to include this Section 8 student financial assistance limitation, if the student does not reside with their parents is the head of household, cohead, or spouse, and is under the age of 23 or without dependent children, then both the assistance received under Title IV HEA and other student financial assistance received by the student is included as income to the extent that it exceeds the total of tuition and any other required fees and charges.
In contrast, student financial assistance received by a Section 8 student who is the head of household, spouse, or cohead, and is over the age of 23 with dependent children, or a student who resides with their parents in a Section 8 unit, is governed by the HOTMA student rule, which is 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 for all Section 8 students defaults to the methodology for public housing.
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. The first category is any assistance to students under section 479B of the Higher Education Act of 1965 (Title IV of the HEA) which 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
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• Bureau of Indian Affairs/Education student assistance programs - The Higher Education Tribal Grant
- The Tribally Controlled Colleges or Universities Grant Program The second category is 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) [24 CFR 5.609(b)(9)(ii)].
Other student financial assistance received by the student that, either by itself or in combination with HEA assistance, exceeds the actual covered costs is included in income.
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 • 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.
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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]
There are two steps required as part of the calculation for Section 8 students. First, determine the student’s relationship to the household, age, and whether they have dependent children. Second, calculate whether any excess student financial assistance should be included in the family’s income.
If the student does not live with their parents and is the head of household, cohead, or spouse, and is 23 or younger or does not have dependent children, then Title IV HEA assistance is considered when determining the student’s total financial aid amount. Subtract the total tuition plus required fees and charges from the total student financial assistance (Title IV HEA assistance and any other student financial assistance). If the total tuition plus required fees and charges is zero or exceeds the amount of total financial assistance from all sources, then no student financial assistance is included in annual income. Any amount of student financial assistance that exceeds the total tuition plus required fees and charges must be included in annual income.
If the student either lives with their parents or is over 23 with dependent children, then the calculation will use the HOTMA methodology for calculating financial assistance, which 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.
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PHA Policy
If the student does not live with their parents and is the head of household, cohead, or spouse, and is 23 or younger or does not have dependent children, then Title IV HEA assistance will be considered when determining the student’s total financial assistance to be included in annual income. The PHA will use Notice PIH 2015-21 as a guide to determine the total amount of the student’s tuition plus required fees and charges. The PHA will subtract the total tuition plus required fees and charges from the total student financial assistance. If the result is zero or exceeds the amount of total financial assistance from all sources, then no student financial assistance will be included in annual income. Any amount of student financial assistance that exceeds the total tuition plus required fees and charges will be included in annual income.
Example 1
• Tuition and required fees and charges: $20,000
• Title IV HEA assistance: $10,000
• Other student financial assistance: $15,000
• Total student financial assistance: $10,000 + $15,000 = $25,000 • Included income: $25,000 in financial assistance - $20,000 tuition and required fees = $5,000
If a student is head, spouse, or cohead, and is over 23 with dependent children or lives with their parents, the following applies:
If a student only receives financial assistance under Title IV of the HEA and does not receive any other student financial assistance, the PHA will exclude the full amount of the assistance received under Title IV from the family’s annual income. The PHA will not calculate actual covered costs in this case.
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If the student does not receive any assistance under Title IV of the HEA but does receive assistance from another source, the PHA will first calculate the actual covered costs to the student in accordance with 24 CFR 5.609(b)(ii). The PHA will then subtract the total amount of the student’s financial assistance from the student’s actual covered costs. The PHA 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 PHA 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 Income and Subsidy Determinations Redondo Beach Housing Authority December 2025 Page 6A-19
If the amount of assistance excluded under Title IV of the HEA is less than the actual covered costs, the PHA 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).
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6-I.H. PERIODIC PAYMENTS [Notice PIH 2023-27]
Periodic payments are forms of income received on a regular basis.
Income that will not be repeated beyond the coming year (i.e., the 12 months following the effective date of the certification), based on information provided by the family, is considered nonrecurring income and is excluded from annual income. Income that has a discrete end date and will not be repeated beyond the coming year is excluded from a family’s annual income because it is nonrecurring income. 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.
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). Unemployment income and other types of periodic payments are not considered nonrecurring income, unless explicitly excluded from income under 25 CFR 5.609(b) as updated for HOTMA, and thus they are included in 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. Any workers’ compensation is always excluded from annual income, regardless of the frequency or length of the payments.
Lump-Sum Payments for the Delayed Start of a Periodic Payment [24 CFR 5.609(b)(16) as updated for HOTMA]
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.
PHA Policy
The PHA 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 PHA is processing an annual reexamination, the PHA will adjust the family’s rent retroactively for the period the payment was intended to cover.
If the delayed-start payment is received outside of the time the PHA is 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 9. If not, the family may pay in full any amount due or request to enter into a repayment agreement with the PHA.
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Retirement Accounts [24 CFR 5.609(b)(26) as updated for HOTMA; 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 2023-27]
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.
PHA 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 must use the reduced benefit amount after deducting only the amount of the overpayment withholding from the gross benefit amount.
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6-I.I. NONRECURRING INCOME [24 CFR 5.609(b)(24) as updated for HOTMA 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.
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).
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) as updated for HOTMA]. • Direct federal or state payments intended for economic stimulus or recovery [24 CFR
5.609(b)(24)(ii) as updated for HOTMA].
• 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) as updated for HOTMA].
• 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) as updated for HOTMA].
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• 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) as updated for HOTMA]. When calculating annual income, PHAs are prohibited from assigning monetary value to such nonmonetary 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. However, the value of regular in-kind donations (such as the value of groceries) received by friends and family are included.
• Lump-sum additions to net family assets, including but not limited to lottery or other contest winnings [24 CFR 5.609(b)(24)(vii) as updated for HOTMA].
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6-I.J. STATE PAYMENTS TO ALLOW INDIVIDUALS WITH DISABILITIES TO LIVE AT HOME [24 CFR 5.609(b)(19) as updated for HOTMA]
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.K. CIVIL RIGHTS SETTLEMENTS [24 CFR 5.609(b)(25) as updated for HOTMA; 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 the HUD-published threshold amount ($50,000 for 2024, and $51,600 for 2025), 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 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.
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6-I.L. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME [24 CFR 5.609(b) as updated for HOTMA; FR Notice 1/31/2024]
Other exclusions contained in 24 CFR 5.609(b) as updated for HOTMA and FR Notice 1/31/2024 that have not been discussed earlier in this chapter include the following:
• Payments received for the care of foster children or foster adults or state or tribal kinship or guardianship care payments [24 CFR 5.609(b)(4) as updated for HOTMA]. • 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) as updated for HOTMA]. 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 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) as updated for HOTMA].
• 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) as updated for HOTMA]. • 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) as updated for HOTMA].
• 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) as updated for HOTMA].
• The special pay to a family member serving in the Armed Forces who is exposed to hostile fire [24 CFR 5.609(b)(11) as updated for HOTMA].
• 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) as updated for HOTMA]. 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) as updated for HOTMA]. The loan borrower or co-borrower must be a member of the family for this income exclusion to be applicable [Notice PIH 2023-27].
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• 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) as updated for HOTMA]. 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.
• 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) as updated for HOTMA]. • Income earned on amounts placed in a family’s Family Self-Sufficiency account [24 CFR 5.609(b)(27) as updated for HOTMA].
• 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)(12)(ii) as updated for HOTMA]. • 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(b)(12)(i) as updated for HOTMA].
• 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) as updated for HOTMA].
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• 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 program unless those amounts are excluded under 24 CFR 5.609(b)(9)(i) [24 CFR 5.609(b)(12)(iv) as updated for HOTMA].
PHA Policy
The PHA 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 PHA 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 9).
• 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(b)(13) as updated for HOTMA].
• Adoption assistance payments for a child in excess of the amount of the dependent deduction per adopted child [24 CFR 5.609(b)(15) as updated for HOTMA]. • Refunds or rebates on property taxes paid on the dwelling unit [24 CFR 5.609(b)(20) as updated for HOTMA].
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• 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) as updated for HOTMA 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 [24 CFR 5.609(b)(22) as updated for HOTMA].
HUD publishes an updated list of these exclusions periodically. The most recent list of exclusions was published in the Federal Register on January 31, 2024. It includes:
(a) The value of the allotment provided to an eligible household under the Food Stamp Act of 1977 (7 U.S.C. 2017 (b)). This exclusion also applies to assets. (b) Benefits under Section 1780 of the Richard B. Russell School Lunch Act and Child Nutrition Act of 1966, including WIC and reduced-price lunches. (c) Payments, including for supportive services and reimbursement of out-of-pocket expenses, to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C. 5044(g), 5058). The exclusion also applies to assets.
- Except, the exclusion does not apply when the Chief Executive Officer of the Corporation for National and Community Service determines that the value of all such payments, adjusted to reflect the number of hours such volunteers are serving, is equivalent to or greater than the minimum wage then in effect under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) or the minimum wage, under the laws of the State where such volunteers are serving, whichever is the greater (42 U.S.C. 5044(f)(1)).
(d) Certain payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)).
(e) Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes (25 U.S.C. 5506).
(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)(1)). (g) Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998 which was reauthorized as the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3241(a)(2)).
(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 Section 6).
(j) Payments, funds, or distributions authorized, established, or directed by the Seneca Nation Settlement Act of 1990 (25 U.S.C. 1774f(b)).
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(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). This exclusion does not include proceeds of gaming operations regulated by the Commission (25 U.S.C. 1407–1408).
(m) Payments received from programs funded under Title V of the Older Americans Act of 1965 (42 U.S.C. 3056(f)).
(n) Payments received on or after January 1, 1989, 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.). This exclusion also applies to assets. (o) 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 and Thailand service veterans born with spinal bifida (42 U.S.C. 12637(d)).
(p) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C. 1721). This exclusion also applies to assets.
(q) The value of any childcare provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Childcare and Development Block Grant Act of 1990 (42 U.S.C. 9858q).
(r) Earned income tax credit (EITC) refund payments received on or after January 1, 1991 (26 U.S.C. 32(j)). This exclusion also applies to assets. (s) 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).
This exclusion also applies to assets.
(t) Amounts of student financial assistance funded under Title IV of the Higher Education Act of 1965j, 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 only, any financial assistance in excess of amounts received by an individual for tuition and any other required fees and charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income if the individual is over the age of 23 with dependent children (Pub. L. 109–115, section 327 (as amended)).
(u) Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990 (42 U.S.C. 12637(d)).
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(v) Any amount of crime victim compensation that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) under the Victims of Crime Act of 1984 received through a crime victim assistance program, unless the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime (34 U.S.C. 20102(c)).
(w) Any amounts in an “individual development account” are excluded from assets and any assistance, benefit, or amounts earned by or provided to the individual development account are excluded from income, as provided by the Assets for Independence Act, as amended (42 U.S.C. 604(h)(4)).
(x) 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. This exclusion also applies to assets.
(y) Distributions from an ABLE account, distributions from and certain contributions to an ABLE account established under the ABLE Act of 2014 (Pub. L. 113–295.), as described in Notice PIH 2019–09 or subsequent or superseding notice is excluded from income and assets.
(z) The amount of any refund (or advance payment with respect to a refundable credit) issued under the Internal Revenue Code is excluded from income and assets for a period of 12 months from receipt (26 U.S.C. 6409).
(aa) Assistance received by a household under the Emergency Rental Assistance Program pursuant to the Consolidated Appropriations Act, 2021 (Pub. L. 116–260, section 501(j)), and the American Rescue Plan Act of 2021.
(ab) Per capita payments made from the proceeds of Indian Tribal Trust Settlements listed in IRS Notice 2013-1 and 2013-55 must be excluded from annual income unless the per capita payments exceed the amount of the original Tribal Trust Settlement proceeds and are made from a Tribe’s private bank account in which the Tribe has deposited the settlement proceeds. Such amounts received in excess of the Tribal Trust Settlement are included in the gross income of the members of the Tribe receiving the per capita payments as described in IRS Notice 2013-1. The first $2,000 of per capita payments are also excluded from assets unless the per capita payments exceed the amount of the original Tribal Trust Settlement proceeds and are made from a Tribe’s private bank account in which the Tribe has deposited the settlement proceeds (25 U.S.C. 117b(a), 25 U.S.C. 1407).
(ac) Any amounts (i) not actually received by the family, (ii) that would be eligible for exclusion under 42 U.S.C. 1382b(a)(7), and (iii) received for service-connected disability under 38 U.S.C. Chapter 11 or dependency and indemnity compensation under 38 U.S.C. Chapter 13 (25 U.S.C. 4103(9)(C)) as provided by an amendment by the Indian Veterans Housing Opportunity Act of 2010 (Pub. L. 111–269 section 2) to the definition of income applicable to programs under the Native American Housing Assistance and Self-Determination Act (NAHASDA) (25 U.S.C. 4101 et seq.).
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6-I.M. 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
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 PHA 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 PHA 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 PHA believes that past income is the best indicator of anticipated income. For example, if a family member owns real property that typically receives rental income but the property is currently vacant, the PHA can take into consideration past rental income along with the prospects of obtaining a new tenant.
PHA Policy
The PHA will use current circumstances to determine both the value of an asset and the anticipated income from the asset.
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 PHA to show why the asset income determination does not represent the family’s anticipated asset income.
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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.
PHA 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 Additions to Net Family Assets [24 CFR 5.609(b)(24)(viii) as updated for HOTMA; 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 9. 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.
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 Income and Subsidy Determinations Redondo Beach Housing Authority December 2025 Page 6A-33
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.
PHA Policy
The PHA initially set the imputed asset passbook rate at the national rate established by the Federal Deposit Insurance Corporation (FDIC).
The PHA will review the passbook rate annually. The rate will not be adjusted unless the current PHA 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.
The effective date of changes to the passbook rate will be determined at the time of the 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 payments equal to the amount the family member deposited into the retirement investment plan.
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Jointly Owned Assets
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.” PHA Policy
If an asset is owned by more than one person and any family member has unrestricted access to the asset, the PHA will count the full value of the asset. A family member has unrestricted access to an asset when they 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 PHA will prorate the asset according to the percentage of ownership. If no percentage is specified or provided for by state or local law, the PHA 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 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].
PHA 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.
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
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.
PHA 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.
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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
PHA 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.
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.
PHA Policy
In determining the value of a checking account, the PHA will use the average monthly balance for the last three months.
In determining the value of a savings account, the PHA will use the current balance.
In determining the anticipated income from an interest-bearing checking or savings account, the PHA will multiply the value of the account by the current rate of interest paid on the account.
ABLE Accounts [24 CFR 5.609(b)(10) as updated for HOTMA; Notice PIH 2019-09] 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 meanstested 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.
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Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market Funds 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.
PHA Policy
In determining the market value of an investment account, the PHA 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 PHA 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].
PHA Policy
In determining the equity, the PHA 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 PHA 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 PHA 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.
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• Interests in Indian Trust lands [24 CFR 5.603(b)]
• 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 minus the balance of the loan (mortgage) minus the expenses to convert to cash [Notice PIH 2012-3].
PHA Policy
For the purposes of calculating expenses to convert to cash for real property, the PHA 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.
PHA 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 PHA determines that the family receives no income from the property and is unable to sell or otherwise convert the asset to cash. (In this case, it will be the family’s responsibility to provide convincing evidence that it receives no income from the property and is unable to sell or otherwise convert the asset to cash.)
Trusts [24 CFR 5.609(b)(2) as updated for HOTMA]
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 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. Typically, special needs trusts are considered irrevocable. Irrevocable trusts not under the control of any member of the family are excluded from net family assets. The value of the trust continues to be excluded from 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) as updated for HOTMA]. Further, where an irrevocable trust is excluded from net family assets, the PHA must not consider actual income earned by the trust (e.g., interest Income and Subsidy Determinations Redondo Beach Housing Authority December 2025 Page 6A-38
earned, rental income if property is held in the trust) for so long as the income from the trust is not distributed.
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. • A revocable trust that is under the control of the family is included in net family assets when the grantor is a member of the assisted family. If a revocable trust is included in the calculation of net family assets, then the actual income earned by the revocable trust is also included in the family’s income. For example, interest earned or rental income if the property is held in the trust. The PHA must calculate imputed income on the revocable trust if net family assets are more than the HUD-published threshold amount, which is adjusted annually and listed in HUD’s Inflation Adjusted Values tables ($50,000 for 2024, and $51,600 for 2025), and actual income from the trust cannot be calculated (e.g., if the trust is comprised of farmland that is not in use).
• A revocable trust that is not under the control of the family is 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.