ALIA HOKUKI Vice President
JIM HUNTER Vice President
ROBERT J. IANNARINO Vice President
RICHARD IMAN Vice President
JEREMY JOHNSON Vice President
ANN JOHNSTON Vice President
VINCENT LUNGARI Vice President
JENNIFER MARKS Vice President
FRANK MARTIN Vice President
NANDEZ MILLER Vice President
DAVID A. MORITZ Vice President
NATHANIEL MOZER Vice President
ARIEF NAFTALI Vice President
ANDREW NICKERSON Vice President
ED O’BRIEN Vice President
TRAVIS PERRY Vice President
TOM PILARSKI Vice President
MICHAEL R. REDIG Vice President
TERESITA REUTTER Vice President
SCOTT ROCKE Vice President
SEAN SAMSEL Vice President
GARY SKREL Vice President
SEAN SMITH Vice President
THEO SMITH Vice President
RICHARD M. SULLIVAN Vice President
MICHAEL D. SWAN Vice President
ROBERT J. TALAFUS Vice President
KEVIN T. THORNTON Vice President
BYRON G. TOBEY, JR. Vice President
KIMBERLY (RAETZ) WENDER Vice President
REUBEN TOLENTINO Vice President
ALYSEN WEILAND Vice President
DONALD LEE WHITELEY Vice President
TERRENCE WRIGHT, JR. Vice President
CAROLINE YONTEZ Vice President
This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the Board of Directors, and the actions taken hereby shall have the same force and effect as if taken at a meeting duly called and held.
Ryan E. McLean David A. Moritz
Matthew D. Clark Mike Lucki
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Packet Pg. 310 Attachment: Oaks Form Psomas (4961 : Award Const Contract to Access Pacific Inc. for 4th Street Enhancement Phase II) Unanimous Written Consent of the Board of Directors of Psomas December 31, 2021
Ann Johnston Steve Margaroni
Alejandro Angel Byron Tobey y
Donald Lee Whiteley
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Packet Pg. 311 Attachment: Oaks Form Psomas (4961 : Award Const Contract to Access Pacific Inc. for 4th Street Enhancement Phase II) City Council
Report
City Council Meeting: April 12, 2022
Agenda Item: 3.G
1 of 3
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Public Landscape Subject: Approval of FY2021-23 Beach Maintenance Staffing Changes Recommended Action
Staff recommends that the City Council authorize deleting three vacant Custodian I positions and replacing them with three Maintenance Worker positions.
Summary
Santa Monica State Beach is poised to return to full pre-pandemic activity this summer.
The City maintains the beach to ensure a high-quality experience for all at one of the region’s most popular destinations. To enhance the Public Landscape Division’s ability to deploy staffing resources and maintain the beach, staff recommends deleting three vacant Custodian I positions and replacing them with three Maintenance Worker positions. The Maintenance Worker classification would allow the Division to build a flexible workforce that can perform a wide variety of duties and reduce the City’s reliance on third-party contractors. Staff seeks this authority outside of the budget process to recruit and onboard staff ahead of the busy summer season.
Discussion
Two years ago, the City eliminated 11.0 permanent full-time equivalent custodial positions assigned to the Beach Maintenance section of the Division. With fewer staff and resources, staff have recognized the need for positions that can perform a wide array of responsibilities in addition to core custodial duties and identified the three current Custodian I vacancies as opportunities to maximize existing positions and
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budget. Below are duties performed by a Custodian I and a Maintenance Worker assigned to work on the beach:
• Custodian I: Stock and replenish restrooms with supplies; clean and disinfect surfaces such as sinks, toilets, doors, walls, and interior and exterior floors; sweep floors; collect and remove trash; assist in identifying needed repairs and improvements; and provide effective customer service.
• Maintenance Worker: Custodial duties, simple and complex repairs to structures such as Muscle Beach fitness equipment and amenities; graffiti removal from any surface; minor plumbing, painting, and carpentry work; remove and replace bollards and storm fences; and operate power and heavy equipment such as jackhammers, power and chain saws, skip loaders, backhoes, dump trucks, and power root cutters.
In addition to custodial duties, Maintenance Workers can perform a variety of tasks on the beach and surrounding areas. The workforce assigned to the beach would benefit from adding multifunctional staff who can address maintenance issues in a timely and responsive manner and reduce the reliance on outside contractors. This is especially critical prior to this summer to prepare for the anticipated high number of beachgoers who visit Santa Monica State Beach starting in spring and continuing throughout summer. The benefits of this change far outweigh the minimal increase in costs that would be offset by existing budget savings. For example, within the last year, Maintenance Workers completed the following labor-intensive projects that collectively would have cost approximately $200,000 if performed by a contractor:
1. Replacement of two beach walkouts (wooden ADA accessible pathways that extend hundreds of feet into the sand); and
2. Restoration of a beach restroom that entailed the refurbishing of doors with new paint and graffiti coating and the installation of new hinges, signs, and lighting.
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Financial Impacts and Budget Actions
Staff recommends approval of the following position changes:
FY 2021-23 Position Changes
Fund Dept Division
Delete Add Net
FTE Title FTE Title Change Reason
11 PW 5090 – Beach
Maintenance
-3.0 Custodian I 3.0 Maintenance
Worker
0.0 Add/Delete
The recommended changes in positions for the remaining three months of this fiscal year would cost $3,967 in salary and benefits. The ongoing annual cost for salary and benefits would be $15,984. No additional appropriation of funds would be required as the costs would be offset by contractual services savings in the Beach Maintenance unit of the Public Landscape Division.
Prepared By: Carlos Collard, Senior Administrative Analyst Approved Forwarded to Council
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City Council
Report
City Council Meeting: April 12, 2022
Agenda Item: 3.H
1 of 5
To: Mayor and City Council
From: Joseph Lawrence, Interim City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution making AB 361 Findings Regarding Teleconference Meetings
Recommended Action
Staff recommends that Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and City Boards, Commissions, and Task Forces through May 12, 2022.
Discussion
AB 361 authorizes public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act’s limitations on such meetings, while a state of emergency resulting from the COVID-19 pandemic remains active and state or local officials have imposed or recommended measures to promote social distancing.
Initial reliance on AB 361 required the following: (1) there must be a proclaimed state of emergency; and (2) one of the following circumstances exist – (a) state or local officials have imposed or recommended measures to promote social distancing; or (b) the legislative body has determined by majority vote that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees. See Government Code Section 54953(e)(1) (citations are to the Government Code). Both these conditions are presently satisfied. The Governor’s State of Emergency Declaration, issued on March 4, 2020, and the City’s declaration of a local emergency issued March 13, 2020, as supplemented and modified through the 42nd Supplement,
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remain in place and have not been lifted. And, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued March 3, 2022, (“Health Officer Order” or “HOO”), continues to recommend social distancing as one measure to reduce the spread of COVID-19.
The Requirements of AB 361.
Once the initial invocation of AB 361 is made, continued reliance on AB 361 for subsequent meetings requires the following: (1) either the proclaimed state of emergency remains active or state or local officials have imposed or recommended measures to promote social distancing; and (2) not later than 30 days after teleconferencing for the first time under the AB 361 rules, and every 30 days thereafter, the legislative body, by majority vote, finds that it has reconsidered the circumstances of the emergency and at least one of the following circumstances exists – (a) the state of emergency continues to directly impact the ability of the members to meet safely in person or (b) state or local officials continue to impose or recommend measures to promote social distancing. See Section 54953(e)(3).
If a public agency invokes AB 361, the notice and participation requirements for teleconferenced meetings are as follows: (1) each notice of the meeting and agenda must identify the means by which members of the public may access the meeting and offer public comment by either a call-in option or an internet-based service option; (2) teleconferenced meetings must be conducted in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; (3) public comments cannot be required to be submitted in advance of the meeting (though this may remain an option); (4) the public must be able to attend the meeting via call-in option or internet-based service option; (5) the public must have an opportunity to address the legislative body directly and offer comment in real time via call-in option or internet-based service option; (6) if there is a disruption that prevents the public agency from broadcasting the meeting using the call-in option or internetbased service option, or if there is a disruption within the public agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on
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items appearing on the agenda until public access to the meeting via the call-in option or internet-based service option is restored; and (7) where, as in Santa Monica, the legislative body does not provide a timed public comment period but takes public comment separately on each agenda item, it shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to be recognized for the purpose of providing public comment. See Section 54953(e)(2).
The Current Findings Post-Winter Surge.
The Health Officer Order recognizes that after the post-winter surge, Los Angeles County continues to experience consistent declines in COVID-19 cases, test positivity rates and related hospitalizations. Accordingly, the HOO refocuses the public health response to COVID-19 in Los Angeles County, among other things, to protect the most vulnerable among us and masks remain strongly recommended, regardless of vaccination status, in indoor public settings. However, in recent days, County Health Officials have warned there has been a rise in the number of the highly contagious Omicron subvariant BA.2 cases. Members of Boards and Commissions previously voiced concern about being required to return to in-person meetings given that, as validated by the Health Officer Order, many people, including those with identified underlying medical conditions, unvaccinated older adults, people from ethnic and racial minority groups, remain at risk for severe illness from COVID-19 (more likely to be hospitalized, need intensive care, require a ventilator to help them breathe, or die).
Accordingly, on March 22, 2022, the City Council adopted findings under AB 361 to allow Boards and Commissions to elect to continue meeting remotely. The findings proposed by the attached resolution will allow Boards and Commissions to continue to elect to meet remotely through May 12, 2022.
In light of AB 361, the continuing COVID-19 emergency, the continuing recommendations by the Los Angeles County Department of Public Health of social distancing as one mechanism for preventing the spread of COVID-19, and the continued threats to health and safety posed by indoor public meetings with large attendance, staff recommends that Council adopt the proposed resolution making the
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findings required to initially invoke AB 361. Doing so will allow City Council and City Board, Commission, and Task Force meetings to continue to occur by teleconference after the April 12, 2022, City Council meeting through May 12, 2022, without compliance with the teleconferencing requirements set out in Section 54953(b)(3) that would otherwise apply. An additional resolution will be required to be adopted at the Council meeting on May 10, 2022 to ensure compliance with the 30-day findings requirement for Board and Commission meetings to be held after May 12,2022.
The procedures currently set up for City Council meetings, which provide for public attendance and comment through a call-in or internet-based service option, satisfy the requirements of AB 361. The City Clerk will work with City Boards, Commissions, and Task Forces to ensure that their meeting procedures for all meetings conducted after March 22, 2022, similarly comply with the requirements of AB 361.
As indicated above, although the attached AB 361 Resolution authorizes all Boards and Commissions to continue to meet remotely, as the City Council recently decided for itself, a Board or Commission can affirmatively decide to meet in person. In other words, for Boards and Commissions, the default will be remote meetings unless and until any decides to meet in person. As indicated above, the Council will need to make AB 361 findings anew every 30 days to permit this option to continue.
Fiscal Impacts
Budget for conduct of Council and City Board, Commission, and Task Force meetings is included in the FY 2021-22 budget.
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Prepared By: Alan Seltzer, Special Counsel/Chief of Staff Approved Forwarded to Council
Attachments:
A. RESO-reso-AB361 Findings 2022.04.12
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1 City Council Meeting: April 12, 2022 Santa Monica, California RESOLUTION NUMBER _________ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA MAKING FINDINGS AS REQUIRED BY AB 361
TO PERMIT COUNCIL AND CITY BOARD, COMMISSION, AND TASK FORCE
MEETINGS TO CONTINUE TO BE CONDUCTED BY TELECONFERENCE WHILE THE COVID-19 EMERGENCY REMAINS IN PLACE
WHEREAS international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “SARS-CoV-2,” and the disease it causes has been named “coronavirus disease 2019,” abbreviated COVID-19, (“COVID-19”); and WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Department of Public Health declared a local emergency and local public health emergency to aid the regional healthcare and governmental community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make
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Packet Pg. 320 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 2 emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and
WHEREAS, on March 13, 2020, the City Manager, in his role as the Director of Emergency Services, (“Director of Emergency Services”) issued an Executive Order of the Director of Emergency Services of the City of Santa Monica Declaring the Existence of a Local Emergency (“Executive Order”) declaring a local emergency pursuant to Chapter 2.16 of the Santa Monica Municipal Code to ensure the availability of mutual aid and an effective response to COVID-19 and this local emergency was restated on March 14, 2020, through a revised declaration of local emergency to ensure compliance with all digital signature requirements (“Revised Executive Order”); and WHEREAS, the Governor’s March 4, 2021 declaration of a state of emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, the Proclamation of Existence of a Local Emergency issued by the Director of Emergency Services on March 13, 2020, has been ratified by the City Council on March 19, April 6, April 14, May 12, May 26, June 9, June 23, July 14, July 28, September 8, October 27, 2020, and December 15, 2020, and January 26, March 23, effective May 22, July 13, August 24, 2021, October 26, 2021, December 7, 2021, and March 8, 2022, with the result that the proclamation of a local emergency based on the COVID-19 pandemic remains in place; and
WHEREAS, throughout the emergency resulting from the COVID-19 pandemic, the Los Angeles County Department of Public Health (“LACDPH”) has issued a series of Health Officer Orders containing mandates and recommendations for keeping safe and preventing the spread of COVID-19; and
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Packet Pg. 321 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 3 WHEREAS, the Ralph M. Brown Act, Government Code Sections 54950-54963, allows for meetings of legislative bodies of a local agency, as those terms are defined in the Brown Act, to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, and that members of the public be allowed to address the legislative body at each teleconference location, see Government Code Section 54953(b)(3); and WEHREAS, Paragraph 3 of Executive Order N-29-20, issued by the Governor on March 17, 2020, among other things, suspended the Brown Act requirements for teleconferencing, provided that notice and accessibility requirements were met, the public was allowed to observe and address the legislative body at the meeting, and the legislative body had a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, specifying that this suspension would remain in place during the period in which state or local public health officials have imposed or recommended social distancing measures; and WHEREAS, paragraph 42 of Executive Order N-08-21, issued by the Governor on June 11, 2021, withdrew and replaced paragraph 3 of Executive Order N-29-20’s suspension of the Brown Act requirements for teleconferencing with a similar suspension of those requirements that it specified would remain in place only through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor signed into law Assembly Bill No. 361 (“AB 361”), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by
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Packet Pg. 322 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 4 the Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and
WHEREAS, AB 361 requires the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and
WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and
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Packet Pg. 323 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 5 WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; and
WHEREAS, when there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, AB 361 requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under AB 361’s abbreviated teleconferencing procedures; and
WHEREAS, on September 20, 2021, to avoid potential conflict between AB 361 and Executive Order N-08-21, the Governor signed Executive Order N-15-21, which specifies that Executive Order N-08-21 continues to govern meetings of local legislative bodies through September 30, 2021; and
WHEREAS, on September 28, 2021, October 26, 2021, November 23, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, and March 22, 2022, the City Council adopted Resolution Numbers 11362, 11378, 11384, 11390, 11393, 11399, 11404 and 11407 respectively, which made the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures, and authorized the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code
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Packet Pg. 324 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 6 Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2); and
WHEREAS, in light of the continuing State and local declarations of emergency resulting from the COVID-19 pandemic, the most recent Los Angeles County Department of Public Health Order of the Health Officer, issued March 3, 2022, which continues to recommend social distancing as one measure to reduce the spread of COVID-19, and to protect the most vulnerable among us in indoor public settings, the City Council desires to again make the findings required by AB 361 to allow the City Council and all City Boards, Commissions, and Task Forces to continue to meet under AB 361’s abbreviated teleconferencing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the State and local declarations of emergency resulting from the COVID-19 pandemic remain in place, and that the state of emergency continues to directly impact the ability to meet safely in person.
SECTION 2. The City Council finds that local officials, namely, the Los Angeles County Department of Public Health, has continued to recommend measures to promote social distancing.
SECTION 3. The City Council finds that, as a result of the emergency resulting from the COVID-19 pandemic, in-person meetings of the City Council, or City Boards, Commissions, or Task Forces, would present imminent risks to the health and safety of attendees, including in particular, members of the public attending such meetings.
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Packet Pg. 325 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) 7 SECTION 4. As a result of the findings in Sections 1 through 3 above, the City Council and all City Boards, Commissions, and Task Forces are authorized to conduct meetings under AB 361’s abbreviated teleconferencing procedures, without complying with the requirements set forth in Government Code Section 54953(b)(3), subject to compliance with the requirements set forth in Government Code Section 54953(e)(2).
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
SUSAN COLA
Interim City Attorney
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Packet Pg. 326 Attachment: RESO-reso-AB361 Findings 2022.04.12 (5068 : AB361 Findings) City Council
Housing Authority
Report
City Council Meeting: April 12, 2022
Agenda Item: 3.I
1 of 4
To: Housing Authority, Mayor and City Council
From: Andy Agle, Director, Community Services Department, Housing and Human Services
Subject: Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan
Recommended Action
Staff recommends that the Housing Authority Board:
1. Adopt the FY2022-2023 Santa Monica Housing Authority Annual Plan, provided as Attachment A.
2. Authorize the submission of the FY2021-2023 Annual Plan to the United States Department of Housing and Urban Development.
Summary
The Santa Monica Housing Authority (SMHA) administers approximately 1,600 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households through five federal housing programs:
• Housing Choice Voucher
• Continuum of Care
• HOME Investment Partnerships Program
• Veterans Affairs Supportive Housing
• Emergency Housing Voucher
Each year, SMHA is required to submit an Annual Plan and progress report to the U.S Department of Housing and Urban Development (HUD) to inform the agency, voucher participants, and members of the public of any updates to the authority’s mission, goals,
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and objectives. This year, SMHA is not proposing any changes to the current Administrative Plan.
Discussion
The SMHA’s mission mirrors that of HUD’s, which is to promote adequate and affordable housing, economic opportunity, and a suitable living environment free from discrimination. Each of SMHA’s goals and objectives is listed in the 5-Year Plan Progress Report as part of the FY 2022-23 Annual Plan submission (Attachment A).
The SMHA operates in accordance with the rules and regulations detailed in its Administrative Plan, which is a combination of federally established regulations and local policies and procedures.
On October 13, 2020, Council approved SMHA’s Public Housing Authority (PHA) Plan, which included the agency’s 5-Year Plan and FY 2020-21 Annual Plan. The PHA Plan, consisting of an agency’s 5-Year Plan and Annual Plan, is a comprehensive guide that details the operations and strategies for meeting local housing needs and goals. SMHA is required to submit an Annual Plan each subsequent year that identifies any discretionary policy changes made to the Housing Choice Voucher (HCV) section of the Administrative Plan and tracks progress made towards the goals identified in the 5-Year Plan. Each SMHA HUD-funded voucher program has its own set of requirements for performance reporting, and the Annual Plan is for policy and progress updates for the HCV program. Specifically, SMHA prepares and submits a Streamlined Annual Plan due to its “voucher only” designation. The designation is reserved for a PHA that administers more than 550 HCVs, does not own or manage public housing, and was not designated as troubled in its most recent Section Eight Management Assessment Program performance assessment.
The FY 2022-23 Annual Plan reinforces all provisions set forth in the FY 2021-22 Annual Plan with no additional updates or modifications. Progress highlights for the FY 2021-22 period include:
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• Two City-funded affordable housing developments totaling 79 apartments were completed, which provided new opportunities for voucher participants. • One permanent supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, State of California Tax Credit Allocation Committee funding commitment, and land use and design approvals, and will be starting construction in June 2022.
The SMHA has allocated 57 project-based vouchers to this pending development.
• SMHA increased voucher utilization by 59 vouchers and, from July 1, 2021 to March 1, 2022, SMHA issued 261 vouchers among the various programs it administers.
• On May 1, 2020, SMHA opened waitlists for the HCV and Below Market Housing (BMH) programs. As of January 2022, BMH has referred 1,293 unique households to 121 affordable housing vacancies.
• SMHA implemented waivers and alternative requirements allowed by HUD to continue operating and providing critical housing services during the ongoing COVID-19 pandemic.
Community Input
The proposed Annual Plan requires a 45-day public comment period and subsequent approval by the Housing Authority Board (i.e., City Council). Although SMHA is not proposing any changes to the current Administrative Plan, City staff welcomed public input during the public review period regarding the Administrative Plan as well. City staff solicited input from the Resident Advisory Board (RAB), voucher participants, affordable housing advocates, and the general public via direct mail, email outreach, and website posting. Both documents were available for public comment from January 31, 2022, through March 17, 2022. No public comments regarding proposed changes for the Annual Plan or Administrative Plan were received during the public comment period; however, two program participants communicated their appreciation for being included in the RAB.
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The proposed Annual Plan was also reviewed by the Housing Commission at its March 17, 2022 meeting. The Housing Commission did not discuss the item or make a recommendation during the meeting. The deadline to submit the Annual Plan is April 17, 2022.
Past Council Actions
Meeting Date Description
4/27/21
(Attachment C, D)
Council adoption of FY21-22 SMHA Annual and
Administrative Plans
10/13/20
(Attachment E)
Council adoption of FY20-25 SMHA Public Housing
Authority Plan (Includes FY20-25 SMHA 5-Year Plan and
FY20-21 Annual Plan)
Financial Impacts and Budget Actions
If approved, there is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Claudia Kompa, Executive Administrative Assistant Approved Forwarded to Council
Attachments:
A. Draft FY22-23 Santa Monica Housing Authority Annual Plan B. FY21-22 Santa Monica Housing Authority Annual Plan
C. FY21-22 Santa Monica Housing Authority Administrative Plan D. FY20-25 Santa Monica Housing Authority Public Housing Authority Plan E. Written Comment
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Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: Santa Monica Housing Authority_______________________________________________ PHA Code: CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/01/22___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1,508________
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.
PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:
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Packet Pg. 331 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica
B. Plan Elements.
B.1 Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):
B.2 New Activities. – Not Applicable
B.3 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. The progress report is attached.
B.4 Capital Improvements. – Not Applicable
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N N/A
(b) If yes, please describe:
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan? The Santa Monica Housing Authority directly contacted each member of the RAB (approximately 1,300) via direct mail and e-mail to offer members the opportunity to provide input on the Annual Plan or current Administrative Plan. No input or comments were received from the RAB regarding the Plans.
Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
C.2 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
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Packet Pg. 332 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica
C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing (AFFH).
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.)
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Packet Pg. 333 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).
Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
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Packet Pg. 334 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica
B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.
B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
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Packet Pg. 335 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Santa Monica Housing Authority (SMHA) 5-Year Plan Progress Report Below are the goals and objectives identified in the SMHA 5-year Plan. The 5-year Plan was approved by the Housing Authority Board on October 13, 2020. • Goal: Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments.
Progress: One supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, State of California Tax Credit Allocation Committee funding commitment, and land use and design approvals, and will be starting construction in June 2022. The SMHA has allocated 57 project-based vouchers to this pending development. Another development targeting young adults at risk of homelessness or experiencing homelessness is in the predevelopment stage, has received some funding commitments, and will be seeking housing trust fund financing from the City in 2022. The SMHA intends to allocate approximately 8 project-based vouchers to this pending development. • Goal: Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica.
Progress: A significant amount of voucher applicants continues to be households in the Santa Monica workforce. The most recent data from 2021 indicates that almost ¾ of applicants pulled from the waitlist (444 out of 600) work 25 hours a week or more in Santa Monica.
• Goal: Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities.
Progress: No updates to report. However, note that the SMHA in 2021 agreed to accept and administer 104 Emergency Housing Vouchers allocated by the federal department of Housing and Urban Development, which prioritizes people experiencing homelessness, many of whom are living with disabilities.
• Goal: Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing (VASH) and Continuum of Care vouchers, as they are available.
Progress: SMHA has 35 VASH vouchers, 20 of which were awarded on 2/1/2020.
Twenty-five of the vouchers are being utilized, and SMHA works closely with the Veterans Administration to connect veterans to available vouchers. o SMHA was awarded additional Continuum of Care funds in the amount of $534,000 beginning June 1, 2021, which is allowing the SMHA to issue more vouchers under this program than is feasible with the existing annual renewal funding.
• Goal: Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit.
Progress: No updates to report.
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Packet Pg. 336 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica • Goal: Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality.
Progress:
o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, which were completed during 2021. This assisted the SMHA with handling an increased workload due to pandemic-related income loss affecting households and the associated interim reexaminations, which result in lowering tenants’ portion of rent. SMHA also expanded the contract with NMA to include eligibility determination for 300 waitlist applicants, which was completed in December 2021 and resulted in the issuance of more than 100 vouchers to new program participants.
o SMHA increased voucher utilization during 2021 by 59 vouchers among the various programs it administers.
• Goal: Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed.
Progress: No updates to report.
• Goal: Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher (HCV), Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously.
Progress:
o On May 1, 2020, SMHA opened waitlists for the HCV program. As of this report the HCV waitlist has 18,927 applicants.
o On May 1, 2020, the Below Market Housing (BMH) program waitlist opened.
From July 1, 2021 to this report, the BMH waitlist has 7,005 applicants and has referred 1,293 unique households to 121 affordable housing vacancies. o The city continued to conduct outreach for the POD program in 2021 to increase awareness and enrollment. The POD program provides cash assistance to very low-income seniors in rent-controlled apartments to prevent displacement. As of this report, the POD program has 193 participants receiving an average of $506 in monthly cash assistance.
• Goal: Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants.
Progress:
o In an effort to continue operating and providing critical housing services in 2021 during the ongoing COVID-19 pandemic, SMHA implemented the waivers and alternative requirements published by the Department of Housing and Urban Development.
o During 2021, staff was able to increase the HOME voucher program to assist 11 households; the HOME voucher program prioritizes residents who are at risk of losing their housing due to rent burden and other factors.
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Packet Pg. 337 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica o During 2021, the rehabilitation of a residential rental property containing 30 apartments and serving mostly low-income households, many of whom are in voucher programs, was also completed in 2021.
• Goal: Coordinate with Human Services and service providers to prevent eviction and displacement.
Progress:
o As of July 2020, the city’s Housing and Human Services divisions have merged into one division for improved coordination and service delivery. SMHA staff are embedded into the city’s Housing and Human Services Division and work closely with other city departments (City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement.
o The City provides funding to the Legal Aid Foundation of Los Angeles, which has an office in Santa Monica and represents low-income Santa Monica residents who face possible eviction and displacement.
o The City provides funding to various social service providers, such as Wise and Healthy Aging, St. Joseph Service Center, Step Up On Second, and The People Concern, who provide supportive services to low-income residents to assist in preventing eviction and displacement.
• Goal: Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs.
Progress: No updates to report.
• Goal: Develop a client-focused customer service policy.
Progress: No updates to report.
• Goal: Increase community integration for persons with disabilities Progress: On May 1, 2020 the BMH program waitlist opened, which seeks information regarding accommodations for applicants living with disabilities, and then matches applicants to affordable housing opportunities which can meet the applicant needs. • Goal: Promote civic engagement of recipients
Progress: SMHA directly contacts all voucher program recipients one or more times annually and encourages participation in revising and updating voucher administration policy, including opportunities for engaging with the Housing Commission and the City Council.
• Goal: Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access.
Progress: During 2021, two City-funded affordable housing developments totaling 79 apartments were completed, which provided new opportunities for voucher holders.
Additionally, another City-funded affordable housing development totaling 37 apartments is nearly complete and will provide additional opportunities for voucher holders.
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Packet Pg. 338 Attachment: Draft FY22-23 Santa Monica Housing Authority Annual Plan [Revision 4] (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 02/29/2016
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment, and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: _____Santa Monica Housing Authority___________ PHA Code: ____CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ____07/01/2021___ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) _________1319________ PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.
PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:
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Packet Pg. 339 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing
B. Annual Plan.
B.1 Revision of PHA Plan Elements.
(a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):
The PHA made a change to the waitlist procedures to prioritize HOME voucher program participants transferring to the HCV program. Rental assistance through the HOME program is intended for a short duration (up to 24 months). The Housing Choice Voucher (HCV) program does not have a term limit for rental assistance and transferring HOME voucher participants to the HCV program would provide long-term housing stability for these households. Additionally, transitioning HOME voucher participants to the HCV program would allow increased and ongoing availability in the HOME voucher program, which prioritizes senior and disabled households at risk of losing their existing housing.
B.2 New Activities
(a) Does the PHA intend to undertake any new activities related to the following in the PHA’s current Fiscal Year? Y N
Project Based Vouchers.
(b) If this activity is planned for the current Fiscal Year, describe the activities. Provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan. – The City of Santa Monica has invested housing capital for the development of supportive housing targeting persons experiencing homelessness, and the Housing Authority intends attach approximately 65 project-based vouchers to two developments to ensure that tenant portions of rent are affordable and the ongoing financial feasibility of the properties.
B.3 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N N/A
(b) If yes, please describe:
B.4 Civil Rights Certification
Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan.
B.5 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
B.6 Progress Report.
Progress Report is attached
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Packet Pg. 340 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing
B.7 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the PHA Plan?
Y N
*Comments provided by RAB will be submitted with the Annual Plan. (a) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.23(4)(e)) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income families who reside in the PHA’s jurisdiction and other families who are on the Section 8 tenant-based waiting list. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(1) and 24 CFR §903.7(a)(2)(i)). Provide a description of the PHA’s strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. 24 CFR §903.7(a)(2)(ii) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents , and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)(3)(4)).
Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities under section 3 of the Housing and Community Development Act of 1968 and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i))
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Packet Pg. 341 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing
Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan. Should the PHA fail to define ‘significant amendment/modification’, HUD will consider the following to be ‘significant amendments or modifications’: a) changes to rent or admissions policies or organization of the waiting list; or b) any change with regard to homeownership programs.
See guidance on HUD’s website at: Notice PIH 1999-51. (24 CFR §903.7(r)(2)(ii)) If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activity. If the PHA intends to undertake new activity using Housing Choice Vouchers (HCVs) for new Project-Based Vouchers (PBVs) in the current Fiscal Year, mark “yes” for this element, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake this activity, mark “no.” (24 CFR §983.57(b)(1) and Section 8(13)(C) of the United States Housing Act of 1937.
Project-Based Vouchers (PBV). Describe any plans to use HCVs for new project-based vouchers. If using PBVs, provide the projected number of project-based units and general locations, and describe how project-basing would be consistent with the PHA Plan.
B.3 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.11(c)(3), 24 CFR §903.7(p)) B.4 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)) B.5 Certification by State or Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, including the manner in which the applicable plan contents are consistent with the Consolidated Plans, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15) B.6 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.7 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 4.5 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
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Packet Pg. 342 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing SMHA 5-Year Plan Progress Report
Below are the goals and objectives identified in the SMHA 5-year Plan, approved by the Housing Authority Board on October 13, 2020. The updates include progress made in the 4 months since the Plan was approved.
• Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments.
o One supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, and land use and design approvals, and is preparing to apply for the final portion of development financing from the State of California Tax Credit Allocation Committee; another development targeting young adults at risk of homelessness or experiencing homelessness is in the process of obtaining its land use and design approvals; for both pending developments, the SMHA intends to allocate approximately 65 project-based vouchers.
• Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica. o Of the 600 applicants pulled from the waitlist in 2021, 74% (444) indicated they work 25 hours a week or more in Santa Monica.
• Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20
• Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing and Continuum of Care vouchers, as they are available.
o SMHA has 35 VASH vouchers, 20 of which were awarded 2/1/2020. 25 of the vouchers are being utilized and the SMHA works closely with the Veterans Administration to connect veterans to available vouchers. o SMHA was awarded additional Continuum of Care funds in the amount of $534,000 beginning June 1, 2021, which will allow the SMHA to issue more vouchers.
• Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality.
o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, assisting the SMHA with an increased workload due to pandemic-related income loss affecting households and the associated interim
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Packet Pg. 343 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing reexaminations. As of this report NMA has completed 464 annual recertifications.
o SMHA expanded the contract with Nan McKay to include eligibility determination for 300 waitlist applicants. In February 2021, 33 vouchers were issued, and tenants leased-up, through this collaboration. • Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20
• Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher, Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously.
o On May 1, 2020 the SMHA opened waitlists for the Housing Choice Voucher (HCV) program. As of this report the HCV waitlist has 13,977 applicants. o On May 1, 2020 the Below Market Housing (BMH) program waitlist opened. As of this report the BMH waitlist has 4,063 applicants.
• Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants.
o In an effort to continue to operate and provide critical housing services during the COVID-19 pandemic, SMHA implemented the waivers and alternative requirements published by the Department of Housing and Urban Development. • Coordinate with Human Services and service providers to prevent eviction and displacement.
o SMHA staff work closely with other city departments (Human Services, City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement.
o The City of Santa Monica’s Covid Emergency Rental Assistance Program (ERAP) provided rental assistance to approximately 600 households • Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20
• Develop a client-focused customer service policy; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Increase community integration for persons with disabilities; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20 • Promote civic engagement of recipients; No updates to report since the Housing Authority Board approval of this Plan on 10/13/20
• Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access. No updates to report since the Housing Authority Board approval of this Plan on 10/13/20
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Packet Pg. 344 Attachment: FY21-22 Santa Monica Housing Authority Annual Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing
SANTA MONICA HOUSING AUTHORITY
ADMINISTRATIVE PLAN
FOR THE
HOUSING CHOICE VOUCHER PROGRAM
Approved by the HA Board of Commissioners: November 23, 2021 Submitted to HUD: December 17, 2021
Approved by HUD:
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Packet Pg. 345 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Copyright 2021 by Nan McKay & Associates, Inc.
All rights reserved
Permission to reprint granted only to the Public Housing Authority or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.
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Packet Pg. 346 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Administrative Plan Table of Contents
INTRODUCTION: ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN CHAPTER 1 : OVERVIEW OF THE PROGRAM AND PLAN ............................................................ 1-1 PART I: THE PHA .................................................................................................................................................1-2 1-I.A. OVERVIEW ................................................................................................................................................... 1-2 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA ........................................................................................... 1-2 1-I.C. PHA MISSION ............................................................................................................................................... 1-2 1-I.D. THE PHA’S PROGRAMS ................................................................................................................................ 1-2 1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE.................................................................................... 1-3 PART II: THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM ..............................................................1-4 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM............................................................................................. 1-4 1-II.B. PROGRAM BASICS ....................................................................................................................................... 1-5 1-II.C. THE SECTION 8 HCV PARTNERSHIPS ........................................................................................................... 1-6 The Relationships:............................................................................................................................................. 1-7 What Does HUD Do?......................................................................................................................................... 1-8 What Does the PHA Do? ................................................................................................................................... 1-8 What Does the Owner Do? ............................................................................................................................... 1-9 What Does the Family Do? ............................................................................................................................... 1-9 1-II.D. APPLICABLE REGULATIONS....................................................................................................................... 1-10 PART III: THE SECTION 8 HCV ADMINISTRATIVE PLAN.......................................................................................1-11 1-III.A. OVERVIEW AND PURPOSE OF THE PLAN................................................................................................. 1-11 1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54] ............................................................................................... 1-11 Mandatory vs. Discretionary Policy ................................................................................................................ 1-13 1-III.C. ORGANIZATION OF THE PLAN.................................................................................................................. 1-13 1-III.D. UPDATING AND REVISING THE PLAN....................................................................................................... 1-13 CHAPTER 2 : FAIR HOUSING AND EQUAL OPPORTUNITY .......................................................... 2-1 PART I: NONDISCRIMINATION ............................................................................................................................2-2 2-I.A. OVERVIEW ................................................................................................................................................... 2-2 2-I.B. NONDISCRIMINATION.................................................................................................................................. 2-3 Providing Information to Families and Owners................................................................................................ 2-4 Discrimination Complaints................................................................................................................................ 2-4 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES...............................................................................2-6 2-II.A. OVERVIEW .................................................................................................................................................. 2-6 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION ..................................................................................... 2-6 Types of Reasonable Accommodations............................................................................................................ 2-7 2-II.C. REQUEST FOR AN ACCOMMODATION........................................................................................................ 2-7 2-II.D. Verification of Disability.............................................................................................................................. 2-8
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Packet Pg. 347 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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]. .................................... 2-9 2-II.F. Program Accessibility for Persons with Hearing or Vision Impairments................................................... 2-10 2-II.G. Physical Accessibility................................................................................................................................. 2-11 2-II.H. Denial or Termination of Assistance......................................................................................................... 2-11 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)............2-13 2-III.A. OVERVIEW ............................................................................................................................................... 2-13 2-III.B. ORAL INTERPRETATION............................................................................................................................ 2-14 2-III.C. WRITTEN TRANSLATION........................................................................................................................... 2-14 2-III.D. IMPLEMENTATION PLAN ......................................................................................................................... 2-15 EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS [24 CFR Parts
8.3 and 100.201]............................................................................................................................................... 2-16 EXHIBIT 2-2: SANTA MONICA HOUSING AUTHORITY LANGUAGE ASSISTANCE PLAN ........................................2-18 CHAPTER 3 : ELIGIBILITY .......................................................................................................... 3-1 PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS...........................................................................3-2 3-I.A. OVERVIEW ................................................................................................................................................... 3-2 3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); HUD-50058 IB, p. 13; FR Notice 02/03/12] ...................... 3-2 Family................................................................................................................................................................ 3-2 Household......................................................................................................................................................... 3-3 3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY ........................................................... 3-3 Family Break-up [24 CFR 982.315; Notice PIH 2017-08]................................................................................... 3-3 Remaining Member of a Tenant Family [24 CFR 5.403] ................................................................................... 3-4 3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)] .................................................................................................... 3-4 3-I.E. SPOUSE, COHEAD, AND OTHER ADULT........................................................................................................ 3-4 3-I.F. DEPENDENT [24 CFR 5.603].......................................................................................................................... 3-5 Joint Custody of Dependents............................................................................................................................ 3-5 3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, p. 5-29]................................................................................ 3-6 3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY [24 CFR 5.100 and 5.403, FR Notice 02/03/12] .............................................................................................................................................................. 3-6 Elderly Persons.................................................................................................................................................. 3-6 Near-Elderly Persons......................................................................................................................................... 3-6 Elderly Family.................................................................................................................................................... 3-7 3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR Notice 02/03/12]......................... 3-7 Persons with Disabilities................................................................................................................................... 3-7 Disabled Family ................................................................................................................................................. 3-7 3-I.J. GUESTS [24 CFR 5.100] ................................................................................................................................. 3-7 3-I.K. FOSTER CHILDREN AND FOSTER ADULTS ................................................................................................ 3-8 3-I.L. ABSENT FAMILY MEMBERS .......................................................................................................................... 3-9 Definitions of Temporarily and Permanently Absent ....................................................................................... 3-9 Absent Students................................................................................................................................................ 3-9 Absences Due to Placement in Foster Care [24 CFR 5.403].............................................................................. 3-9 Absent Head, Spouse, or Cohead.................................................................................................................... 3-10 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22].......................................... 3-10 Return of Permanently Absent Family Members ........................................................................................... 3-10
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Packet Pg. 348 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 3-I.M. LIVE-IN AIDE [PIH 2012-33]....................................................................................................................... 3-10 PART II: BASIC ELIGIBILITY CRITERIA .................................................................................................................3-13 3-II.A. INCOME ELIGIBILITY AND TARGETING...................................................................................................... 3-13 Income Limits.................................................................................................................................................. 3-13 Definitions of the Income Limits [24 CFR 5.603(b)] ........................................................................................ 3-13 Using Income Limits for Eligibility [24 CFR 982.201]....................................................................................... 3-13 Using Income Limits for Targeting [24 CFR 982.201]...................................................................................... 3-14 3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] ................................................. 3-14 Declaration [24 CFR 5.508] ............................................................................................................................. 3-15 Mixed Families................................................................................................................................................ 3-16 Ineligible Families [24 CFR 5.514(d), (e), and (f)]............................................................................................ 3-17 Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] .......................................................... 3-17 3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 and 5.218, Notice PIH 2012-10]........................................... 3-18 3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, HCV GB, p. 5-13] ............................... 3-18 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 and FR Notice 4/10/06, FR Notice 9/21/16]................................................................................................................................................... 3-19 Definitions....................................................................................................................................................... 3-19 Determining Student Eligibility ....................................................................................................................... 3-22 3-II.F. EIV SYSTEM SEARCHES [Notice PIH 2018-18; EIV FAQs; EIV System Training 9/30/20]............................ 3-23 Existing Tenant Search.................................................................................................................................... 3-23 Debts Owed to PHAs and Terminations.......................................................................................................... 3-24 Income and IVT Reports.................................................................................................................................. 3-25 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)] .................................................................... 3-27 3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE .................................................................... 3-29 Criminal Activity [24 CFR 982.553].................................................................................................................. 3-29 Previous Behavior in Assisted Housing [24 CFR 982.552(c)]........................................................................... 3-30 3-III.D. SCREENING .............................................................................................................................................. 3-31 3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE....................................................................................... 3-33 3-III.F. NOTICE OF ELIGIBILITY OR DENIAL........................................................................................................... 3-36 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING....................................................................................................................... 3-37 Notification ..................................................................................................................................................... 3-37 Documentation ............................................................................................................................................... 3-38 EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES ........................................................................3-39 EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION [20 U.S.C. 1001 and 1002].........................3-42 CHAPTER 4 : APPLICATIONS, WAITLIST, AND TENANT SELECTION ............................................ 4-1 PART I: THE APPLICATION PROCESS ....................................................................................................................4-2 4-I.A. OVERVIEW ................................................................................................................................................... 4-2 4-I.B. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] .............................................. 4-2
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Packet Pg. 349 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 4-I.C. Accessibility of the Application Process....................................................................................................... 4-3 Limited English Proficiency ............................................................................................................................... 4-3 4-I.D. PLACEMENT ON THE WAITLIST.................................................................................................................... 4-3 Ineligible for Placement on the Waitlist ........................................................................................................... 4-4 Eligible for Placement on the Waitlist............................................................................................................... 4-4 PART II: MANAGING THE WAITLIST.....................................................................................................................4-5 4-II.A. OVERVIEW .................................................................................................................................................. 4-5 4-II.B. ORGANIZATION OF THE SECTION 8 HCV WAITLIST [24 CFR 982.204 and 205] .......................................... 4-5 4-II.C. OPENING AND CLOSING THE WAITLIST [24 CFR 982.206].......................................................................... 4-6 Closing the Waitlist........................................................................................................................................... 4-6 Reopening the Waitlist ..................................................................................................................................... 4-6 4-II.D. APPLICANT OUTREACH [HCV GB, pp. 4-2 to 4-4]........................................................................................ 4-7 4-II.E. REPORTING CHANGES IN HOUSEHOLD CIRCUMSTANCES .......................................................................... 4-8 Purging the Waitlist .......................................................................................................................................... 4-8 Removal from the Waitlist................................................................................................................................ 4-9 PART III: SELECTION FOR SECTION 8 HCV ASSISTANCE ......................................................................................4-10 4-III.A. OVERVIEW ............................................................................................................................................... 4-10 4-III.B. SELECTION AND SECTION 8 HCV FUNDING SOURCES.............................................................................. 4-10 Special Admissions (non-waitlist) [24 CFR 982.203]....................................................................................... 4-10 Targeted Funding [24 CFR 982.204(e)] ........................................................................................................... 4-10 Project-Based Targeting.................................................................................................................................. 4-11 4-III.C. SELECTION METHOD................................................................................................................................ 4-11 Local Preferences [24 CFR 982.207; HCV p. 4-16]........................................................................................... 4-11 Order of Selection Within Tiers ...................................................................................................................... 4-13 Income Targeting Requirement [24 CFR 982.201(b)(2)]................................................................................. 4-14 4-III.D. NOTIFICATION OF SELECTION.................................................................................................................. 4-14 4-III.E. THE APPLICATION INTERVIEW ................................................................................................................. 4-15 4-III.F. COMPLETING THE APPLICATION PROCESS............................................................................................... 4-16 EXHIBIT 4-1: PHA’S SECTION 8 HCV WAITLIST & HIERARCHY OF PREFERENCES.................................................4-18 CHAPTER 5 : BRIEFINGS AND VOUCHER ISSUANCE ..................................................................... 1 PART I: BRIEFINGS AND FAMILY OBLIGATIONS ......................................................................................................2 5-I.A. OVERVIEW .......................................................................................................................................................2 5-I.B. BRIEFING [24 CFR 982.301]..............................................................................................................................2 Notification of Briefing..........................................................................................................................................2 In-Person Briefing .................................................................................................................................................2 Remote Briefings [Notice PIH 2020-32]................................................................................................................3 Accessibility Requirements for Persons with Disabilities and LEP Individuals......................................................4 Conducting Remote Briefings ...............................................................................................................................4 Oral Briefing [24 CFR 982.301(a)] .........................................................................................................................5 Briefing Packet [24 CFR 982.301(b)] .....................................................................................................................6 Additional Items to be Included in the Briefing Packet ........................................................................................7 5-I.C. FAMILY OBLIGATIONS ......................................................................................................................................8 Time Frames for Reporting Changes Required by Family Obligations..................................................................8 Family Obligations [24 CFR 982.551] ....................................................................................................................9
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Packet Pg. 350 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .................................................................................... 13 5-II.A. OVERVIEW ....................................................................................................................................................13 5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402]..................................................................13 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS..........................................................................................................15 5-II.D. VOUCHER ISSUANCE [24 CFR 982.302].........................................................................................................15 5-II.E. VOUCHER TERM, AND EXTENSIONS..............................................................................................................16 Extensions of Voucher Term [24 CFR 982.303(b)] ..............................................................................................17 Suspensions of Voucher Term [24 CFR 982.303(c)]............................................................................................18 Expiration of Voucher Term................................................................................................................................18 CHAPTER 6 : INCOME AND SUBSIDY DETERMINATIONS [24 CFR PART 5, SUBPARTS E AND F; 24 CFR 982] ..................................................................................................................................... 1 PART I: ANNUAL INCOME ...................................................................................................................................... 2 6-I.A. OVERVIEW .......................................................................................................................................................2 6-I.B. HOUSEHOLD COMPOSITION AND INCOME .....................................................................................................2 Summary of Income Included and Excluded by Person........................................................................................3 Temporarily Absent Family Members...................................................................................................................3 Family Members Permanently Confined for Medical Reasons.............................................................................4 Joint Custody of Dependents................................................................................................................................5 Caretakers for a Child............................................................................................................................................5 6-I.C. ANTICIPATING ANNUAL INCOME.....................................................................................................................6 Basis of Annual Income Projection .......................................................................................................................6 Projecting Income .................................................................................................................................................8 6-I.D. EARNED INCOME .............................................................................................................................................8 Types of Earned Income Included in Annual Income............................................................................................8 Types of Earned Income Not Counted in Annual Income.....................................................................................8 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES [24 CFR 5.617; Streamlining Final Rule (SFR) Federal Register 3/8/16] ................................................................................................................................12 Eligibility..............................................................................................................................................................12 Calculation of the Disallowance..........................................................................................................................12 Calculation Method ............................................................................................................................................13 6-I.F. BUSINESS INCOME [24 CFR 5.609(b)(2)] ........................................................................................................13 Business Expenses...............................................................................................................................................14 Business Expansion .............................................................................................................................................14 Capital Indebtedness ..........................................................................................................................................14 Negative Business Income ..................................................................................................................................14 Withdrawal of Cash or Assets from a Business...................................................................................................15 Co-owned Businesses .........................................................................................................................................15 6-I.G. ASSETS [24 CFR 5.609(b)(3); 24 CFR 5.603(b)]...............................................................................................15 Overview.............................................................................................................................................................15 General Policies...................................................................................................................................................16 Types of Assets....................................................................................................................................................19 6-I.H. PERIODIC PAYMENTS.....................................................................................................................................24 Periodic Payments Included in Annual Income...................................................................................................24 Lump-Sum Payments for the Delayed Start of a Periodic Payment....................................................................24 Periodic Payments Excluded from Annual Income .............................................................................................25 6-I.I. PAYMENTS IN LIEU OF EARNINGS...................................................................................................................26
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Packet Pg. 351 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 6-I.J. WELFARE ASSISTANCE ....................................................................................................................................26 Overview.............................................................................................................................................................26 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] .........................................................26 6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)].............................................................27 Alimony and Child Support .................................................................................................................................27 Regular Contributions or Gifts............................................................................................................................28 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9); Notice PIH 2015-21]................................................28 Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06; Notice PIH 2015-21] ............................................................................................................................................................................29 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)].............................................30 6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME ....................................................................................30 PART II: ADJUSTED INCOME................................................................................................................................. 35 6-II.A. INTRODUCTION.............................................................................................................................................35 Overview.............................................................................................................................................................35 Anticipating Expenses.........................................................................................................................................35 6-II.B. DEPENDENT DEDUCTION..............................................................................................................................36 6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION.................................................................................................36 6-II.D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(a)(3)(i)] .............................................................................36 Definition of Medical Expenses...........................................................................................................................37 Summary of Allowable Medical Expenses from IRS Publication 502..................................................................37 Families That Qualify for Both Medical and Disability Assistance Expenses.......................................................38 6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)].....................38 Earned Income Limit on the Disability Assistance Expense Deduction...............................................................38 Eligible Disability Expenses .................................................................................................................................39 Necessary and Reasonable Expenses..................................................................................................................40 Families That Qualify for Both Medical and Disability Assistance Expenses.......................................................40 6-II.F. CHILD CARE EXPENSE DEDUCTION................................................................................................................40 Clarifying the Meaning of Child for This Deduction ............................................................................................41 Qualifying for the Deduction ..............................................................................................................................41 Earned Income Limit on Child Care Expense Deduction.....................................................................................42 Eligible Child Care Expenses................................................................................................................................43 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY.................................................................................. 45 6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS ....................................................................................45 TTP Formula [24 CFR 5.628]................................................................................................................................45 Family Share [24 CFR 982.305(a)(5)]...................................................................................................................45 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)]....................................................................................46 6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630]..........................................................46 Overview.............................................................................................................................................................47 HUD-Defined Financial Hardship ........................................................................................................................47 Implementation of Hardship Exemption ............................................................................................................48 6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(b)]................................................................50 Overview.............................................................................................................................................................50 Changes in Payment Standards ..........................................................................................................................51 Reasonable Accommodation ..............................................................................................................................52 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517] ....................................................................................52 Overview.............................................................................................................................................................52 Reasonable Accommodation ..............................................................................................................................52
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Packet Pg. 352 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Utility Allowance Revisions.................................................................................................................................53 6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520]....................................................................53 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS ........................................................................................................ 54 EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS........................................................................................................ 57 EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS ...................................................................................................... 59 EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES.............................................. 60 EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION................................................................................ 62 EXHIBIT 6-6: SAVINGS NATIONAL RATE................................................................................................................ 65 CHAPTER 7 : VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, NOTICE PIH 2017- 12] .......................................................................................................................................... 7-1 PART I: GENERAL VERIFICATION REQUIREMENTS ...............................................................................................7-2 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516 AND 982.551, 24 CFR 5.230]............. 7-2 Consent Forms.................................................................................................................................................. 7-2 Penalties for Failing to Consent [24 CFR 5.232]................................................................................................ 7-2 7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS............................................................................................ 7-2 HUD’s Verification Hierarchy [Notice PIH 2017-12].......................................................................................... 7-2 Requirements for Acceptable Documents........................................................................................................ 7-3 File Documentation........................................................................................................................................... 7-3 7-I.C. UP-FRONT INCOME VERIFICATION (UIV) ..................................................................................................... 7-4 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory)............ 7-4 Upfront Income Verification Using Non-HUD Systems..................................................................................... 7-5 7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION...................................................................................... 7-6 Written Third-Party Verification [Notice PIH 2017-12]..................................................................................... 7-6 Written Third-Party Verification Form.............................................................................................................. 7-7 Oral Third-Party Verification [Notice PIH 2017-12] .......................................................................................... 7-7 When Third-Party Verification is Not Required [Notice PIH 2017-12].............................................................. 7-8 7-I.E. SELF-CERTIFICATION..................................................................................................................................... 7-9 Part II: Verifying FAMILY INFORMATION...........................................................................................................7-10 7-II.A. VERIFICATION OF LEGAL IDENTITY............................................................................................................ 7-10 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10]............................................................ 7-10 7-II.C. DOCUMENTATION OF AGE ....................................................................................................................... 7-14 7-II.D. FAMILY RELATIONSHIPS............................................................................................................................ 7-14 Marriage.......................................................................................................................................................... 7-14 Separation or Divorce ..................................................................................................................................... 7-15 Absence of Adult Member.............................................................................................................................. 7-15 Foster Children and Foster Adults .................................................................................................................. 7-15 7-II.E. VERIFICATION OF STUDENT STATUS ......................................................................................................... 7-15 Restrictions on Assistance to Students Enrolled in Institutions of Higher Education..................................... 7-16 7-II.F. DOCUMENTATION OF DISABILITY ............................................................................................................. 7-17 Family Members Receiving SSA Disability Benefits ........................................................................................ 7-18
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Packet Pg. 353 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Family Members Not Receiving SSA Disability Benefits.................................................................................. 7-18 7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] ........................................................... 7-19 Overview......................................................................................................................................................... 7-19 U.S. Citizens and Nationals ............................................................................................................................. 7-19 Eligible Immigrants ......................................................................................................................................... 7-20 7-II.H. VERIFICATION OF PREFERENCE STATUS ................................................................................................... 7-20 PART III: Verifying Income AND ASSETS ............................................................................................................7-22 7-III.A. EARNED INCOME ..................................................................................................................................... 7-22 Wages ............................................................................................................................................................. 7-22 Tips.................................................................................................................................................................. 7-22 7-III.B. BUSINESS AND SELF-EMPLOYMENT INCOME .......................................................................................... 7-22 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS................................................................. 7-23 Social Security/SSI Benefits............................................................................................................................. 7-23 7-III.D. ALIMONY OR CHILD SUPPORT ................................................................................................................. 7-24 7-III.E. ASSETS AND INCOME FROM ASSETS........................................................................................................ 7-25 Assets Disposed of for Less than Fair Market Value ....................................................................................... 7-25 7-III.F. NET INCOME FROM RENTAL PROPERTY................................................................................................... 7-25 7-III.G. RETIREMENT ACCOUNTS ......................................................................................................................... 7-26 7-III.H. INCOME FROM EXCLUDED SOURCES ...................................................................................................... 7-26 7-III.I. ZERO ANNUAL INCOME STATUS ............................................................................................................... 7-27 7-III.J. STUDENT FINANCIAL ASSISTANCE [Notice PIH 2015-21].......................................................................... 7-27 7-III.K. parental income of students subject to eligibility restrictions................................................................. 7-28 PART IV: Verifying MANDATORY DEDUCTIONS.................................................................................................7-29 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS ......................................................... 7-29 Dependent Deduction..................................................................................................................................... 7-29 Elderly/Disabled Family Deduction................................................................................................................. 7-29 7-IV.B. MEDICAL EXPENSE DEDUCTION .............................................................................................................. 7-29 Amount of Expense......................................................................................................................................... 7-29 Eligible Household .......................................................................................................................................... 7-30 Qualified Expenses.......................................................................................................................................... 7-30 Unreimbursed Expenses................................................................................................................................. 7-30 Expenses Incurred in Past Years...................................................................................................................... 7-30 7-IV.C. DISABILITY ASSISTANCE EXPENSES .......................................................................................................... 7-31 Amount of Expense......................................................................................................................................... 7-31 Family Member is a Person with Disabilities .................................................................................................. 7-32 Family Member(s) Permitted to Work............................................................................................................ 7-32 Unreimbursed Expenses................................................................................................................................. 7-32 7-IV.D. CHILD CARE EXPENSES............................................................................................................................. 7-33 Eligible Child.................................................................................................................................................... 7-33 Unreimbursed Expense................................................................................................................................... 7-33 Pursuing an Eligible Activity ............................................................................................................................ 7-33 Allowable Type of Child Care .......................................................................................................................... 7-34 Reasonableness of Expenses .......................................................................................................................... 7-35 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-10] ..7- 36 3.I.c
Packet Pg. 354 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public CHAPTER 8 : HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 SUBPART I AND 24 CFR 982.507] .......................................................................... 8-1 PART I: PHYSICAL STANDARDS............................................................................................................................8-2 8-I.A. GENERAL HUD REQUIREMENTS................................................................................................................... 8-2 HUD Performance and Acceptability Standards............................................................................................... 8-2 Tenant Preference Items .................................................................................................................................. 8-2 Modifications to Provide Accessibility .............................................................................................................. 8-3 8-I.B. ADDITIONAL LOCAL REQUIREMENTS........................................................................................................... 8-3 Thermal Environment [HCV GB p.10-7] ............................................................................................................ 8-3 Clarifications of HUD Requirements................................................................................................................. 8-4 Regulation of Smoking ...................................................................................................................................... 8-5 8-I.C. LIFE-THREATENING CONDITIONS [24 CFR 982.404(a); FR Notice 1/18/17]................................................. 8-5 8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] ......................................................................... 8-7 Family Responsibilities...................................................................................................................................... 8-7 Owner Responsibilities ..................................................................................................................................... 8-8 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] ............................................................................................................................... 8-8 8-I.F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.401, 24 CFR 982.403] ............................................... 8-9 8-I.G. BED BUG INFESTATION [Notice PIH 2012-5] ............................................................................................... 8-9 Landlord Roles and Responsibilities............................................................................................................ 8-10 Tenant Roles and Responsibilities .................................................................................................................. 8-10 PART II: THE INSPECTION PROCESS ...................................................................................................................8-12 8-II.A. OVERVIEW [24 CFR 982.405] .................................................................................................................... 8-12 Types of Inspections ....................................................................................................................................... 8-12 Inspection of PHA-Owned Units [24 CFR 982.352(b)]..................................................................................... 8-12 Inspection Costs [Notice PIH 2016-05] ........................................................................................................... 8-12 Remote Video Inspections (RVIs) [Notice PIH 2020-31] ................................................................................. 8-13 Notice and Scheduling .................................................................................................................................... 8-13 Owner and Family Inspection Attendance...................................................................................................... 8-14 8-II.B. INITIAL HQS INSPECTION [24 CFR 982.401(a)].......................................................................................... 8-14 Initial Inspections [FR Notice 1/18/17] ........................................................................................................... 8-14 Timing of Initial Inspections............................................................................................................................ 8-14 Inspection Results and Reinspections............................................................................................................. 8-15 Utilities............................................................................................................................................................ 8-15 Appliances [Form HUD-52580] ....................................................................................................................... 8-15 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CRF 982.405; and 982.406; Notice PIH 2016-05].................. 8-16 Scheduling the Inspection............................................................................................................................... 8-16 8-II.D. SPECIAL INSPECTIONS [24 CFR 982.405(g)] .............................................................................................. 8-16 8-II.E. 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 CONTRACT ............................................ 8-17 Notification of Corrective Actions................................................................................................................... 8-17 Extensions....................................................................................................................................................... 8-18 Reinspections.................................................................................................................................................. 8-18 Verifying HQS Deficiencies Remotely ............................................................................................................. 8-19 Housekeeping Issues....................................................................................................................................... 8-19 8-II.G. ENFORCING OWNER COMPLIANCE .......................................................................................................... 8-19 HAP Abatement .............................................................................................................................................. 8-20
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Packet Pg. 355 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public HAP Contract Termination.............................................................................................................................. 8-20 8-II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)]......................................................... 8-21 PART III: RENT REASONABLENESS [24 CFR 982.507]..........................................................................................8-22 8-III.A. OVERVIEW ............................................................................................................................................... 8-22 PHA-Owned Units [24 CFR 982.352(b)] .......................................................................................................... 8-22 8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED ....................................................... 8-22 Annual Rent Increases .................................................................................................................................... 8-22 PHA- and HUD-Initiated Rent Reasonableness Determinations..................................................................... 8-23 8-III.C. HOW COMPARABILITY IS ESTABLISHED................................................................................................... 8-23 Factors to Consider......................................................................................................................................... 8-23 Units that Must Not be Used as Comparables................................................................................................ 8-24 Rents Charged for Other Units on the Premises............................................................................................. 8-24 8-III.D. PHA RENT REASONABLENESS METHODOLOGY ....................................................................................... 8-24 How Market Data Is Collected ........................................................................................................................ 8-24 How Rents Are Determined ............................................................................................................................ 8-25 EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS....................................................................8-26 EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY ..............................8-29 CHAPTER 9 : GENERAL LEASING POLICIES ................................................................................ 9-1 9-I.A. TENANT SCREENING .................................................................................................................................... 9-1 9-I.B. REQUESTING TENANCY APPROVAL [Form HUD-52517] .............................................................................. 9-2 9-I.C. OWNER PARTICIPATION............................................................................................................................... 9-4 9-I.D. ELIGIBLE UNITS ............................................................................................................................................ 9-4 Ineligible Units [24 CFR 982.352(a)].................................................................................................................. 9-4 PHA-Owned Units [24 CFR 982.352(b)] ............................................................................................................ 9-4 Assisted Living Facilities [Notice PIH 2012-40 (HA)].......................................................................................... 9-5 Special Housing Types [24 CFR 982 Subpart M]................................................................................................ 9-5 Duplicative Assistance [24 CFR 982.352(c)]...................................................................................................... 9-6 Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401] ........................................................ 9-6 Unit Size ............................................................................................................................................................ 9-7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]........................................................................... 9-7 Rent Burden [24 CFR 982.508].......................................................................................................................... 9-7 9-I.E. LEASE AND TENANCY ADDENDUM .............................................................................................................. 9-7 Lease Form and Tenancy Addendum [24 CFR 982.308] ................................................................................... 9-8 Lease Information [24 CFR 982.308(d)] ............................................................................................................ 9-8 Term of Assisted Tenancy ................................................................................................................................. 9-8 Security Deposit [24 CFR 982.313 (a) and (b)].................................................................................................. 9-9 Separate Non-Lease Agreements between Owner and Tenant ....................................................................... 9-9 PHA Review of Lease....................................................................................................................................... 9-10 9-I.F. TENANCY APPROVAL [24 CFR 982.305]...................................................................................................... 9-11 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.305].......................................................................................... 9-12 9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308]......................................................................................... 9-14 CHAPTER 10 : MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY ............................ 10-1
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Packet Pg. 356 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PART I: MOVING WITH CONTINUED ASSISTANCE .............................................................................................10-2 10-I.A. ALLOWABLE MOVES ................................................................................................................................ 10-2 10-I.B. RESTRICTIONS ON MOVES ....................................................................................................................... 10-3 Denial of Moves.............................................................................................................................................. 10-3 Restrictions on Elective Moves [24 CFR 982.354(c)]....................................................................................... 10-5 10-I.C. MOVING PROCESS.................................................................................................................................... 10-6 Notification ..................................................................................................................................................... 10-6 Approval.......................................................................................................................................................... 10-6 Reexamination of Family Income and Composition ....................................................................................... 10-7 Voucher Issuance and Briefing........................................................................................................................ 10-7 Housing Assistance Payments [24 CFR 982.311(d)]........................................................................................ 10-7 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 ..................................................................................... 10-12 Briefing.......................................................................................................................................................... 10-12 Voucher Issuance and Term.......................................................................................................................... 10-13 Voucher Extensions and Expiration .............................................................................................................. 10-13 Preapproval Contact with the Receiving PHA............................................................................................... 10-14 Initial Notification to the Receiving PHA....................................................................................................... 10-14 Sending Documentation to the Receiving PHA............................................................................................. 10-14 Initial Billing Deadline [Notice PIH2016-09].................................................................................................. 10-15 Monthly Billing Payments [24 CFR 982.355(e), Notice PIH2016-09] ............................................................ 10-16 Annual Updates of Form HUD-50058 ........................................................................................................... 10-16 Denial or Termination of Assistance [24 CFR 982.355(c)(17)] ...................................................................... 10-17 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................................................................................................................................ 10-21 Administering a Portable Family’s Voucher.................................................................................................. 10-21 Absorbing a Portable Family ......................................................................................................................... 10-24 CHAPTER 11 : REEXAMINATIONS ........................................................................................... 11-1 PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] ......................................................................................11-2 11-I.A. OVERVIEW ............................................................................................................................................... 11-2 11-I.B. STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(b)]............................................................ 11-2 11-I.C. SCHEDULING ANNUAL REEXAMINATIONS ............................................................................................... 11-3 Notification of and Participation in the Annual Reexamination Process........................................................ 11-4 11-I.D. CONDUCTING ANNUAL REEXAMINATIONS ............................................................................................. 11-4 Criminal Background Checks........................................................................................................................... 11-6 11-I.E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552(b)(5)]........................... 11-6
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Packet Pg. 357 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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 11-II.C. CHANGES AFFECTING INCOME OR EXPENSES ...................................................................................... 11-11 PHA-Initiated Interim Reexaminations......................................................................................................... 11-12 Family-Initiated Interim Reexaminations...................................................................................................... 11-12 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................................................................. 11-16 11-III.A. OVERVIEW ........................................................................................................................................... 11-16 11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES....................................................... 11-16 Payment Standards [24 CFR 982.505]........................................................................................................... 11-16 Subsidy Standards [24 CFR 982.505(c)(4)].................................................................................................... 11-17 Utility Allowances [24 CFR 982.517(d)]......................................................................................................... 11-17 11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT............................................................... 11-17 11-III.D. DISCREPANCIES.................................................................................................................................... 11-18 CHAPTER 12 : TERMINATION OF ASSISTANCE AND TENANCY ................................................. 12-1 PART I: GROUNDS FOR TERMINATION OF ASSISTANCE.....................................................................................12-2 12-I.A. OVERVIEW ............................................................................................................................................... 12-2 12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]............................................................... 12-2 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), Pub.L. 109-162] ............................................................................................ 12-3 Failure to Provide Consent [24 CFR 982.552(b)(3)] ........................................................................................ 12-4 Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)] ............................................. 12-4 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012-10]............. 12-4 Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)] .................................................. 12-5 Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]........ 12-5 Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-9] ............................................ 12-6 Lifetime Sex Offenders [24 CFR 5.856, 960.204(a)(4) and 982.553(a)(2)]...................................................... 12-6 12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS ........................................................ 12-6 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)] ................................................................................ 12-6 Other Authorized Reasons for Termination of Assistance [24 CFR 982.552(c), 24 CFR 5.2005(c)] ................ 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
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Packet Pg. 358 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 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)]........................................................................... 12-13 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)] .............................................................................. 12-14 Limited English Proficiency ........................................................................................................................... 12-14 12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING ........................................................................................................................................................................... 12-14 VAWA Protections against Termination ....................................................................................................... 12-15 Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)]...................................................................... 12-15 Documentation of Abuse [24 CFR 5.2007].................................................................................................... 12-17 Terminating the Assistance of a Domestic Violence Perpetrator................................................................. 12-17 12-II.F. TERMINATION NOTICE .......................................................................................................................... 12-18 PART III: TERMINATION OF TENANCY BY THE OWNER.................................................................................... 12-20 12-III.A. OVERVIEW ........................................................................................................................................... 12-20 12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310, 24 CFR 5.2005(c), and Form HUD52641-A, Tenancy Addendum].......................................................................................................................... 12-20 Serious or Repeated Lease Violations........................................................................................................... 12-20 Violation of Federal, State, or Local Law....................................................................................................... 12-20 Criminal Activity or Alcohol Abuse................................................................................................................ 12-20 Other Good Cause......................................................................................................................................... 12-21 12-III.C. EVICTION [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] ........................ 12-22 12-III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(h), 24 CFR 982.310(h)(4)] ............. 12-23 12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY’S ASSISTANCE .................................................. 12-24 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS ..................................................................................... 12-25 CHAPTER 13 : OWNERS ......................................................................................................... 13-1 PART I. OWNERS IN THE PROGRAM..................................................................................................................13-2 13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs]................................................................................................................................................................... 13-2 Recruitment .................................................................................................................................................... 13-2 Retention ........................................................................................................................................................ 13-3 13-I.B. BASIC HCV PROGRAM REQUIREMENTS ................................................................................................... 13-3 13-I.C. OWNER RESPONSIBILITIES [24 CFR 982.452]........................................................................................... 13-5 13-I.D. OWNER QUALIFICATIONS........................................................................................................................ 13-6 Owners Barred from Participation [24 CFR 982.306(a) and (b)]..................................................................... 13-6 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ............................................................................. 13-6 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] ................................................................................... 13-6 Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)].......................... 13-8 Legal Ownership of Unit.................................................................................................................................. 13-9 13-I.E. NON-DISCRIMINATION [HAP Contract – Form HUD-52641].................................................................... 13-9 PART II. HAP CONTRACTS................................................................................................................................ 13-10 13-II.A. OVERVIEW ............................................................................................................................................ 13-10 13-II.B. HAP CONTRACT CONTENTS .................................................................................................................. 13-10 13-II.C. HAP CONTRACT PAYMENTS .................................................................................................................. 13-12
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Packet Pg. 359 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public General.......................................................................................................................................................... 13-12 Owner Certification of Compliance............................................................................................................... 13-13 Late HAP Payments [24 CFR 982.451(a)(5)].................................................................................................. 13-13 Termination of HAP Payments [24 CFR 982.311(b)]..................................................................................... 13-13 13-II.D. BREACH OF CONTRACT [24 CFR 982.453]............................................................................................. 13-14 13-II.E. HAP CONTRACT TERM AND TERMINATIONS ........................................................................................ 13-15 13-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD-52641]................................. 13-16 13-II.G. FORECLOSURE [Notice PIH 2010-49].................................................................................................... 13-17 CHAPTER 14 : PROGRAM INTEGRITY ...................................................................................... 14-1 PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE ...............................14-2 14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE......................................................................................... 14-2 14-I.B. DETECTING ERRORS AND PROGRAM ABUSE ........................................................................................... 14-3 Quality Control and Analysis of Data .............................................................................................................. 14-3 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 .................................................................................... 14-4 When the PHA Will Investigate....................................................................................................................... 14-4 Consent to Release of Information [24 CFR 982.516]..................................................................................... 14-5 Analysis and Findings...................................................................................................................................... 14-5 Consideration of Remedies............................................................................................................................. 14-5 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 .................................................................................. 14-7 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 .......................................................................................................................................... 14-8 Penalties for Program Abuse .......................................................................................................................... 14-9 14-II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE...................................................................................... 14-9 Owner Reimbursement to the PHA ................................................................................................................ 14-9 Prohibited Owner Actions............................................................................................................................. 14-10 Remedies and Penalties................................................................................................................................ 14-10 14-II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE........................................................................................ 14-11 Repayment to the PHA ................................................................................................................................. 14-11 PHA Reimbursement to Family or Owner..................................................................................................... 14-11 Prohibited Activities...................................................................................................................................... 14-11 14-II.E. CRIMINAL PROSECUTION...................................................................................................................... 14-12 14-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES......................................................................................... 14-12 CHAPTER 15 : SPECIAL HOUSING TYPES [24 CFR 982 SUBPART M] ......................................... 15-1 PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605]............................................................15-2 15-I.A. OVERVIEW ............................................................................................................................................... 15-2
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Packet Pg. 360 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 15-I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION .................................................. 15-2 15-I.C. HOUSING QUALITY STANDARDS (HQS).................................................................................................... 15-2 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609] ......................................................................................................................................................................... 15-4 15-II.A. OVERVIEW .............................................................................................................................................. 15-4 15-II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION ................................................. 15-4 15-II.C. HOUSING QUALITY STANDARDS ............................................................................................................. 15-4 PART III: GROUP HOME [24 CFR 982.610 through 982.614
and HCV GB p. 7-4] ........................................................................................................................................... 15-5 15-III.A. OVERVIEW ............................................................................................................................................. 15-5 15-III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION ................................................ 15-5 15-III.C. HOUSING QUALITY STANDARDS ............................................................................................................ 15-6 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618] ......................................................................................................................................................................... 15-7 15-IV.A. OVERVIEW ............................................................................................................................................. 15-7 15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION................................................. 15-7 15-IV.C. HOUSING QUALITY STANDARDS ............................................................................................................ 15-8 PART V: COOPERATIVE HOUSING [24 CFR 982.619].................15-9 15-V.A. OVERVIEW .............................................................................................................................................. 15-9 15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION.................................................. 15-9 15-V.C. HOUSING QUALITY STANDARDS ............................................................................................................. 15-9 PART VI: MANUFACTURED HOMES [24 CFR 982.620 through
982.624; FR Notice 1/18/17]........................................................................................................................... 15-10 15-VI.A. OVERVIEW ........................................................................................................................................... 15-10 15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOMEOWNERS WHO LEASE A SPACE ................................ 15-10 Family Income............................................................................................................................................... 15-10 Lease and HAP Contract................................................................................................................................ 15-10 15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION [FR Notice 1/18/17] .............. 15-10 Payment Standards....................................................................................................................................... 15-10 Utility Allowance........................................................................................................................................... 15-11 Space Rent .................................................................................................................................................... 15-11 Amortization Costs........................................................................................................................................ 15-11 Housing Assistance Payment ........................................................................................................................ 15-12 Rent Reasonableness.................................................................................................................................... 15-12 15-VI.D. HOUSING QUALITY STANDARDS.......................................................................................................... 15-12 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643] ....................................................................................................................................................................... 15-13 15-VII.A. OVERVIEW [24 CFR 982.625].............................................................................................................. 15-13 15-VII.B. FAMILY ELIGIBILITY [24 CFR 982.627]................................................................................................. 15-13 15-VII.C. SELECTION OF FAMILIES [24 CFR 982.626]......................................................................................... 15-14 15-VII.D. ELIGIBLE UNITS [24 CFR 982.628]....................................................................................................... 15-15 15-VII.E. ADDITIONAL PHA REQUIREMENTS FOR SEARCH AND PURCHASE [24 CFR 982.629] ......................... 15-16 15-VII.F. HOMEOWNERSHIP COUNSELING [24 CFR 982.630] ........................................................................... 15-16
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Packet Pg. 361 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 15-VII.G. HOME INSPECTIONS, CONTRACT OF SALE, AND PHA DISAPPROVAL OF SELLER [24 CFR 982.631]... 15-17 Home Inspections ......................................................................................................................................... 15-17 Contract of Sale............................................................................................................................................. 15-17 Disapproval of a Seller .................................................................................................................................. 15-18 15-VII.H. FINANCING [24 CFR 982.632]............................................................................................................. 15-18 15-VII.I. CONTINUED ASSISTANCE REQUIREMENTS; FAMILY OBLIGATIONS [24 CFR 982.633]......................... 15-18 15-VII.J. MAXIMUM TERM OF HOMEOWNER ASSISTANCE [24 CFR 982.634] .................................................. 15-19 15-VII.K. HOMEOWNERSHIP ASSISTANCE PAYMENTS AND HOMEOWNERSHIP EXPENSES [24 CFR 982.635] . 15-19 15-VII.L. PORTABILITY [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] ............................... 15-21 15-VII.M. MOVING WITH CONTINUED ASSISTANCE [24 CFR 982.637] ............................................................. 15-21 15-VII.N. DENIAL OR TERMINATION OF ASSISTANCE [24 CFR 982.638]............................................................ 15-22 CHAPTER 16 : PROGRAM ADMINISTRATION .......................................................................... 16-1 PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] .................................................................................16-2 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES..............................................................................16-3 16-II.A. OVERVIEW .............................................................................................................................................. 16-3 16-II.B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 7] ............................................................... 16-3 Updating Payment Standards......................................................................................................................... 16-4 Exception Payment Standards [982.503(c)(5), Notice PIH 2018-01] .............................................................. 16-5 Unit-by-Unit Exceptions [24 CFR 982.503(b), 24 CFR 982.505(d), Notice PIH 2010-26]................................. 16-6 "Success Rate" Payment Standard Amounts [24 CFR 982.503(e)].................................................................. 16-7 Decreases in the Payment Standard below the Basic Range [24 CFR 982.503(d)]......................................... 16-7 16-II.C. UTILITY ALLOWANCES [24 CFR 982.517]................................................................................................. 16-7 Air Conditioning .............................................................................................................................................. 16-8 Reasonable Accommodation .......................................................................................................................... 16-8 Utility Allowance Revisions............................................................................................................................. 16-8 PART III: INFORMAL REVIEWS AND HEARINGS................................................................................................ 16-10 16-III.A. OVERVIEW ........................................................................................................................................... 16-10 16-III.B. INFORMAL REVIEWS ............................................................................................................................ 16-10 Decisions Subject to Informal Review [24 CFR 982.554(a) and (c)].............................................................. 16-10 Notice to the Applicant [24 CFR 982.554(a)] ................................................................................................ 16-11 Scheduling an Informal Review..................................................................................................................... 16-11 Informal Review Procedures [24 CFR 982.554(b)]........................................................................................ 16-12 Remote Informal Reviews [Notice PIH 2020-32] .......................................................................................... 16-12 Ensuring Accessibility for Persons with Disabilities and LEP Individuals....................................................... 16-12 Conducting Remote Informal Reviews.......................................................................................................... 16-13 Informal Review Decision [24 CFR 982.554(b)]............................................................................................. 16-14 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555] .............................................................. 16-15 Decisions Subject to Informal Hearing.......................................................................................................... 16-15 Remote Informal Hearings [Notice PIH 2020-32] ......................................................................................... 16-16 Ensuring Accessibility for Persons with Disabilities and LEP Individuals....................................................... 16-17 Conducting Informal Hearings Remotely...................................................................................................... 16-18 Informal Hearing Procedures........................................................................................................................ 16-19 16-III.D. HEARING AND APPEAL PROVISIONS FOR NON-CITIZENS [24 CFR 5.514]............................................ 16-26 Notice of Denial or Termination of Assistance [24 CFR 5.514(d)]................................................................. 16-27
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Packet Pg. 362 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public USCIS Appeal Process [24 CFR 5.514(e)]....................................................................................................... 16-27 Informal Hearing Procedures for Applicants [24 CFR 5.514(f)]..................................................................... 16-28 Informal Hearing Procedures for Residents [24 CFR 5.514(f)]...................................................................... 16-29 Retention of Documents [24 CFR 5.514(h)].................................................................................................. 16-30 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ........................................................................................... 16-31 16-IV.A. OVERVIEW ........................................................................................................................................... 16-31 16-IV.B. REPAYMENT POLICY............................................................................................................................. 16-31 Owner Debts to the PHA............................................................................................................................... 16-31 Family Debts to the PHA ............................................................................................................................... 16-32 Repayment Agreement [24 CFR 792.103]..................................................................................................... 16-32 General Repayment Agreement Guidelines for Families.............................................................................. 16-33 PART V : SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP).......................................................... 16-36 16-V.A. OVERVIEW ............................................................................................................................................ 16-36 16-V.B. SEMAP CERTIFICATION [24 CFR 985.101]............................................................................................. 16-36 HUD Verification Method ............................................................................................................................. 16-37 16-V.C. SEMAP INDICATORS [24 CFR 985.3 and form HUD-52648].................................................................. 16-37 PART VI: RECORD KEEPING ............................................................................................................................. 16-42 16-VI.A. OVERVIEW ........................................................................................................................................... 16-42 16-VI.B. RECORD RETENTION [24 CFR 982.158]................................................................................................ 16-42 16-VI.C. RECORDS MANAGEMENT .................................................................................................................... 16-43 Privacy Act Requirements [24 CFR 5.212 and Form-9886]........................................................................... 16-43 Upfront Income Verification (UIV) Records.................................................................................................. 16-43 Criminal Records........................................................................................................................................... 16-44 Medical/Disability Records ........................................................................................................................... 16-44 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL ............... 16-45 16-VII.A. OVERVIEW .......................................................................................................................................... 16-45 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e); Notice PIH 2017-13] .............................................. 16-45 16-VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(f)]......................................................... 16-45 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ................................................................................ 16-47 16-VIII.A. OVERVIEW ......................................................................................................................................... 16-47 16-VIII.B. METHODOLOGY................................................................................................................................. 16-47 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA) ....................................................................................... 16-48 NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY ................................................................................... 16-48 16-IX.A. OVERVIEW ........................................................................................................................................... 16-48 16-IX.B. DEFINITIONS [24 CFR 5.2003, 42 USC 13925]...................................................................................... 16-48 16-IX.C. NOTIFICATION [24 CFR 5.2005(a)] ....................................................................................................... 16-49 Notification to Public .................................................................................................................................... 16-49 Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)] ................................................ 16-50 Notification to Owners and Managers.......................................................................................................... 16-51 16-IX.D. DOCUMENTATION [42 U.S.C. § 14043e-11(c)(3); 24 CFR 5.2007]....................................................... 16-51 Conflicting Documentation [24 CFR 5.2007(e)] ............................................................................................ 16-52 Discretion to Require No Formal Documentation [24 CFR 5.2007(d)] ......................................................... 16-53
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Packet Pg. 363 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Failure to Provide Documentation [24 CFR 5.2007(c)] ................................................................................. 16-53 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)] ............................................................................................. 16-53 EXHIBIT 16-1: Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 ............ 16-54 EXHIBIT 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking and Alternate Documentation, Form HUD-5382................................................................................................................... 16-59 EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, or STALKING (HCV VERSION).......................................................................................................... 16-62 EXHIBIT 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, form HUD-5383.................................................................................................................... 68 CHAPTER 17 : PROJECT-BASED VOUCHERS ............................................................................ 17-1 PART I: GENERAL REQUIREMENTS ....................................................................................................................17-2 17-I.A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21]....................................................... 17-2 Additional Project-Based Units [FR Notice 1/18/17; Notice PIH 2017-21] ..................................................... 17-2 Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17] ......................................................... 17-3 17-I.B. TENANT-BASED VS. PROJECT-BASED VOUCHER ASSISTANCE [24 CFR 983.2].......................................... 17-3 17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7] ......................................................................................... 17-3 17-I.D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8] .......................................................................... 17-4 PART II: PBV OWNER PROPOSALS.....................................................................................................................17-5 17-II.A. OVERVIEW.............................................................................................................................................. 17-5 17-II.B. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51(b)] ......................................................... 17-5 Units Selected Non-Competitively [FR Notice 1/18/17; Notice PIH 2017-21; 24 CFR 983.51(b)]................... 17-5 Solicitation and Selection of PBV Proposals [24 CFR 983.51 (c)] .................................................................... 17-6 PHA-Owned Units [24 CFR 983.51(e), 983.59, FR Notice 1/18/17, and Notice PIH 2017-21] ........................ 17-9 PHA Notice of Owner Selection [24 CFR 983.51(d)]...................................................................................... 17-10 17-II.C. HOUSING TYPE [24 CFR 983.52]............................................................................................................ 17-11 17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS ............................................................................. 17-11 Ineligible Housing Types [24 CFR 983.53]..................................................................................................... 17-11 Subsidized Housing [24 CFR 983.54]............................................................................................................. 17-11 17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, Notice PIH 2013-11, and FR Notice 2/28/20] ... 17-12 17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT.............................................................................. 17-12 25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice PIH 2017-21] ......................... 17-12 Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17; Notice PIH 2017-21]................................... 17-13 Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice PIH 2017-21].......................................... 17-13 Promoting Partially Assisted Buildings [24 CFR 983.56(c)] ........................................................................... 17-14 17-II.G. SITE SELECTION STANDARDS ................................................................................................................ 17-14 Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR 983.57(b)]......... 17-14 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)]......................... 17-15 New Construction Site and Neighborhood Standards [24 CFR 983.57(e)] ................................................... 17-15 17-II.H. ENVIRONMENTAL REVIEW [24 CFR 983.58]......................................................................................... 17-16 PART III: DWELLING UNITS.............................................................................................................................. 17-17 17-III.A. OVERVIEW ........................................................................................................................................... 17-17
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Packet Pg. 364 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101].............................................................................. 17-17 Lead-based Paint [24 CFR 983.101(c)] .......................................................................................................... 17-17 17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES................................................................ 17-17 17-III.D. INSPECTING UNITS............................................................................................................................... 17-17 Pre-selection Inspection [24 CFR 983.103(a)]............................................................................................... 17-17 Pre-HAP Contract Inspections [24 CFR 983.103(b), FR Notice 1/18/17, and Notice PIH 2017-20]............... 17-18 Turnover Inspections [24 CFR 983.103(c)].................................................................................................... 17-18 Annual Inspections [24 CFR 983.103(d)]....................................................................................................... 17-18 Other Inspections [24 CFR 983.103(e)]......................................................................................................... 17-18 Inspecting PHA-Owned Units [24 CFR 983.103(f)]........................................................................................ 17-19 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................................................................... 17-20 17-IV.A. OVERVIEW [24 CFR 983.151]............................................................................................................... 17-20 17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT .................................................................................... 17-20 Content of the Agreement [24 CFR 983.152(c)] ........................................................................................... 17-20 Execution of the Agreement [24 CFR 983.153]............................................................................................. 17-21 17-IV.C. CONDUCT OF DEVELOPMENT WORK .................................................................................................. 17-21 Labor Standards [24 CFR 983.154(b)] ........................................................................................................... 17-21 Owner Disclosure [24 CFR 983.154(d) and (e)]............................................................................................. 17-21 17-IV.D. COMPLETION OF HOUSING................................................................................................................. 17-22 Evidence of Completion [24 CFR 983.155(b)]............................................................................................... 17-22 PHA Acceptance of Completed Units [24 CFR 983.156] ............................................................................... 17-22 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................................................................ 17-23 17-V.A. OVERVIEW ............................................................................................................................................ 17-23 17-V.B. HAP CONTRACT REQUIREMENTS.......................................................................................................... 17-23 Contract Information [24 CFR 983.203]........................................................................................................ 17-23 Execution of the HAP Contract [24 CFR 983.204] ......................................................................................... 17-23 Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice of PIH 2017-21] ........................... 17-24 Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice of PIH 2017-21].................................................................................................................................. 17-25 Remedies for HQS Violations [24 CFR 983.207(b)] ....................................................................................... 17-25 17-V.C. AMENDMENTS TO THE HAP CONTRACT............................................................................................... 17-26 Substitution of Contract Units [24 CFR 983.206(a)]...................................................................................... 17-26 Addition of Contract Units [FR Notice 1/18/17 and Notice of PIH 2017-21]................................................ 17-26 17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.206(c) and 983.302(e)] 17-27 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.209].......................................... 17-27 17-V.F. ADDITIONAL HAP REQUIREMENTS ....................................................................................................... 17-28 Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.207(a)] ........................................ 17-28 Vacancy Payments [24 CFR 983.352(b)] ....................................................................................................... 17-28 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS .................................................................................. 17-29 17-VI.A. OVERVIEW ........................................................................................................................................... 17-29 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)]........................................................... 17-29 In-Place Households [24 CFR 983.251(b)]..................................................................................................... 17-29 17-VI.C. ORGANIZATION OF THE WAITLIST [24 CFR 983.251(c)]....................................................................... 17-30 Applications to be Placed on PBV Waitlist(s)................................................................................................ 17-30 Purging the PBV Waitlist(s) ........................................................................................................................... 17-30 Removal from the Waitlist(s)........................................................................................................................ 17-30
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Packet Pg. 365 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public Eligibility and Placement on the Waitlist(s) .................................................................................................. 17-30 Waitlist Applicants........................................................................................................................................ 17-31 Selection Method.......................................................................................................................................... 17-31 Notification of Selection ............................................................................................................................... 17-32 17-VI.D. SELECTION FROM THE WAITLIST [24 CFR 983.251(c)]......................................................................... 17-33 Income Targeting [24 CFR 983.251(c)(6)] ..................................................................................................... 17-33 Units with Accessibility Features [24 CFR 983.251(c)(7)].............................................................................. 17-33 Preferences [24 CFR 983.251(d), FR Notice 11/24/08]................................................................................. 17-33 17-VI.E. OFFER OF PBV ASSISTANCE.................................................................................................................. 17-34 Refusal of Offer [24 CFR 983.251(e)(3)]........................................................................................................ 17-34 Disapproval by Landlord [24 CFR 983.251(e)(2)] .......................................................................................... 17-34 Acceptance of Offer [24 CFR 983.252].......................................................................................................... 17-34 17-VI.F. OWNER SELECTION OF TENANTS......................................................................................................... 17-35 Leasing [24 CFR 983.253(a)].......................................................................................................................... 17-35 Filling Vacancies [24 CFR 983.254(a)] ........................................................................................................... 17-35 Reduction in Contract Units Due to Vacancies [24 CFR 983.254(b)] ............................................................ 17-35 17-VI.G. TENANT SCREENING [24 CFR 983.255]................................................................................................ 17-36 PHA Responsibility ........................................................................................................................................ 17-36 Owner Responsibility .................................................................................................................................... 17-36 PART VII: OCCUPANCY .................................................................................................................................... 17-37 17-VII.A. OVERVIEW .......................................................................................................................................... 17-37 17-VII.B. LEASE [24 CFR 983.256]...................................................................................................................... 17-37 Form of Lease [24 CFR 983.256(b)]............................................................................................................... 17-37 Lease Requirements [24 CFR 983.256(c)] ..................................................................................................... 17-37 Tenancy Addendum [24 CFR 983.256(d)] ..................................................................................................... 17-38 Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)]........................................................... 17-38 Changes in the Lease [24 CFR 983.256(e)].................................................................................................... 17-38 Owner Termination of Tenancy [24 CFR 983.257]........................................................................................ 17-38 Security Deposits [24 CFR 983.258] .............................................................................................................. 17-39 17-VII.C. MOVES ................................................................................................................................................ 17-39 Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.259]..................................................... 17-39 Household Right to Move [24 CFR 983.260]................................................................................................. 17-40 Emergency Transfers under VAWA [Notice PIH 2017-08] ............................................................................ 17-40 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262, FR Notice 1/18/17; Notice PIH 2017-21].. 17-41 PART VIII: DETERMINING RENT TO OWNER .................................................................................................... 17-44 17-VIII.A. OVERVIEW ......................................................................................................................................... 17-44 17-VIII.B. RENT LIMITS [24 CFR 983.301] .......................................................................................................... 17-44 Certain Tax Credit Units [24 CFR 983.301(c), FR Notice 11/24/08] .............................................................. 17-44 Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)]........................... 17-45 Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)]............................................................................... 17-46 Redetermination of Rent [24 CFR 983.302].................................................................................................. 17-46 PHA-Owned Units [24 CFR 983.301(g)]......................................................................................................... 17-47 17-VIII.C. REASONABLE RENT [24 CFR 983.303]................................................................................................ 17-47 When Rent Reasonable Determinations Are Required ................................................................................ 17-47 How to Determine Reasonable Rent ............................................................................................................ 17-48 PHA-Owned Units ......................................................................................................................................... 17-48 Owner Certification of Reasonable Rent ...................................................................................................... 17-48
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Packet Pg. 366 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL ............................................................................. 17-48 Other Subsidy [24 CFR 983.304] ................................................................................................................... 17-48 Rent Control [24 CFR 983.305] ..................................................................................................................... 17-49 PART IX: PAYMENTS TO OWNER..................................................................................................................... 17-50 17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351].......................................................................... 17-50 17-IX.B. VACANCY PAYMENTS [24 CFR 983.352] .............................................................................................. 17-50 17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353]....................................................................................... 17-51 Tenant and PHA Responsibilities .................................................................................................................. 17-51 Utility Reimbursements................................................................................................................................ 17-52 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]..................................................................................... 17-52 Meals and Supportive Services..................................................................................................................... 17-52 Other Charges by Owner .............................................................................................................................. 17-52 CHAPTER 18 : THE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN ................................ 18-1 CHAPTER 19 : CONTINUUM OF CARE (COC) ........................................................................... 19-1 CHAPTER 20 : HOME TENANT BASED RENTAL ASSISTANCE .................................................... 20-1 CHAPTER 21 : TEMPORARY POLICY SUPPLEMENT .................................................................. 21-1 CHAPTER 22 EMERGENCY HOUSING VOUCHERS (EHVS) ........................................................ 22-1 GLOSSARY ...............................................................................................................................GL- 1
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Packet Pg. 367 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public
INTRO I
INTRODUCTION: ABOUT THE REFERENCES CITED IN THE MODEL
ADMINISTRATIVE PLAN
AUTHORITIES FOR POLICIES IN THE MODEL ADMINISTRATIVE PLAN The authority for PHA policies is derived from many sources. Primary among these sources are federal statues, 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 PHA’s.
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Packet Pg. 368 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public
INTRO II
RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN
The model administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the model administrative plan or that may be helpful to you.
Abbreviations
Throughout the model administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the model administrative plan.
Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.
HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs Resources and Where to Find Them
Following is a list of resources helpful to the PHA or referenced in the model administrative plan, and the online location of each.
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Earned Income Disregard FAQ
https://www.hud.gov/program_offices/public_indian_housing/phr/about/ao_faq_eid
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Packet Pg. 369 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public
INTRO III
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 HUD-50058 Instruction Booklet
http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.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
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Packet Pg. 370 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public
INTRO IV
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF Notice PIH 2012-10, Verification of Social Security Numbers (SSNs) and Supplemental Security Income (SSI) Benefits; and Effective Use of the Enterprise Income Verification (EIV) System’s Identity Verification Report
http://portal.hud.gov/huddoc/pih2012-10.pdf
OMB Circular A-133
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A133/a133.pdf Project-Based Voucher Program; Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05-
20035.pdf
VAWA Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2010-10-27/pdf/2010-26914.pdf The HUD website is http://portal.hud.gov/hudportal/HUD.
Guidebooks, handbooks and other HUD resources may be found at the HUDClips website:
http://portal.hud.gov/hudportal/HUDsrc=/program_offices/administration/hudclips.
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Packet Pg. 371 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-1
CHAPTER 1 : OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
The PHA receives its funding for the Section 8 Housing Choice Voucher (HCV) program, HOME and CDBG, and the Continuum of Care 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 contracts 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. 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 Section 8 HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The Section 8 HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.
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PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The programs are funded by the federal government and administered by the Housing Authority of the City of Santa Monica for the jurisdiction of City of Santa Monica in Los Angeles County.
The officials of a PHA are appointed in accordance with state housing law as commissioners or, collectively, as the board of commissioners. Commissioners are 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. 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 PHA is the same as that of the Department of Housing & Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. 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 Section 8 Housing Choice Voucher (HCV) program [including the Family Self Sufficiency (FSS) program],
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including project-based vouchers, the Continuum of Care (CoC) program, and the HOME 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 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 to 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 program rules and regulations, and to advise participants of how the program rules affect them.
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PART II: THE SECTION 8 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 programs. There have been many changes to the programs since their inception, a brief history of the program will assist the reader to better understand programs.
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 Section 8 Housing Choice Voucher (HCV) program.
The Section 8 HCV program was modeled closely on the pre-merger Voucher program.
However, unlike the pre-merger Voucher program, the Section 8 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 Section 8 HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the Section 8 HCV program. 1-II.B. PROGRAM BASICS
The purpose of the voucher programs is to provide rental assistance to eligible families. The rules and regulations of the programs are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the programs, which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.
The programs offer mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.
When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.
Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible, and the housing unit continues to qualify under the program.
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1-II.C. THE SECTION 8 HCV PARTNERSHIPS
To administer the voucher programs, the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract, grant agreement, or contract). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.
For the voucher programs 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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Packet Pg. 377 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 1-7
The Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Family Owner / Landlord
(Program
Participant)
Voucher specifies Family
Obligations
Contract specifies Owner and PHA
Obligations
Lease specifies Tenant
and Landlord
Obligations
HUD Program Regulations and
documents specify PHA Obligations
and 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 housing program legislation passed by Congress;
• Allocate program funds to PHAs;
• Provide technical assistance to PHAs on interpreting and applying program requirements; • Monitor PHA compliance with program requirements and PHA performance in program administration.
What Does the PHA Do?
The PHA administers the programs under contract with HUD and has the following major responsibilities:
• Establish local policies to administer the program;
• Review applications from interested applicant to determine whether they are eligible for the program;
• Maintain 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 Annual Contributions Contract, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws.
PHA Policy
General Complaints
If a family disagrees with an action or inaction of the PHA, the Housing Specialist will make every effort to resolve complaints from families. If the complaints are not resolved by the initial Housing Specialist, it will be referred to a peer for review, however as a general practice, families will not be assigned to a new Housing Specialist unless the PHA rotates caseloads. If a family feels they require different attention related to a
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reasonable accommodation, the request must be made in writing and must follow the guidelines and procedures detailed in Chapter 2 of this Plan.
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 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 Standards 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.
What Does the Family Do?
The family has the following responsibilities:
• Provide the PHA with complete and accurate information, 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 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 violations of the lease;
• Not engage in drug-related or violent criminal activity;
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• 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.
1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 100: The Fair Housing Act
• 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program • 24 CFR Part 983: Project-Based Vouchers
• 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP)
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PART III: THE SECTION 8 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 Section 8 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 contracts and all HUD-approved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to programs. If such changes conflict with this plan, HUD regulations will have precedence.
Administration of the programs and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD’s 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, including policies on administering decreases in the payment standard during the HAP contract term (Chapter 16);
• The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
• Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
• Policies concerning payment by a family to the 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); and
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3). • Special Needs Programs (Chapter 17).
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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 and PHA operations, or when needed to ensure staff consistency in operation.
The Plan will become effective the date it is approved by City Council.
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CHAPTER 2 : FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing voucher 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 voucher programs 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 HUD and DOJ’s Notice of Guidance, published December 19, 2003 in the Federal Register, and “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice” (Jan. 22, 2007), which can be found at:
http://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pdf.
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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, disability, and status as a victim of domestic violence, dating violence, sexual assault, or stalking. 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.
• Violence Against Women Reauthorization Act of 2013 (VAWA) • HUD LEP Guidance, “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice,” 72 Fed. Reg. 2732 (Jan. 22, 2007). • Executive Order 13166
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.
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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 an individual’s status as a victim of domestic violence, dating violence, sexual assault or stalking.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].
In addition, the PHA will not discriminate on the basis of gender expression, ancestry, source of income, or genetic information. [Fair Employment and Housing Act, Cal. Gov. Code § 12955] PHA Policy
Consistent with the City of Santa Monica’s Municipal Code Section 4.28.030, the Housing Anti-Discrimination Code, the PHA prohibits discrimination based on “source of income”. “Source of income” includes any lawful source of income or rental assistance from any federal, State, local, or non-profit-administered benefit or subsidy program including, but not limited to, rental housing voucher programs.
PHA Policy
The PHA does not identify any additional protected classes.
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
• 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 on any of these factors
• Deny anyone access to the same level of services
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• Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
• Discriminate in the provision of residential real estate transactions • Discriminate against someone because they are related to or associated with a member of a protected class
• Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class. • Coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of fair housing rights. Additionally, the PHA will not retaliate against individuals for exercising, or encouraging others to exercise, their fair housing rights.
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 applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing 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.
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. HUD requires the PHA to make every reasonable attempt to determine whether the applicant or participant’s assertions have merit and take any warranted corrective action. In addition, the PHA is required to provide the applicant or participant with information about how to file a discrimination complaint [24 CFR 982.304].
Upon receipt of a housing discrimination complaint, the PHA is required to:
• Provide written notice of the complaint to those alleged and inform the complainant that such notice was made
• Investigate the allegations and provide the complainant and those alleged with findings and either a proposed corrective action or an explanation of why corrective action is not warranted
• Keep records of all complaints, investigations, notices, and corrective actions [Notice PIH 2014-20]
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PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA of the complaint in writing. Exceptions to allow oral complaints will be made for reasonable accommodation.
The PHA will attempt to remedy discrimination complaints made against the PHA.
The PHA will provide a copy of a discrimination complaint form to the complainant and provide them with information on how to complete and submit the form to HUD’s Office of Fair Housing and Equal Opportunity (FHEO) and California Department of Fair Employment and Housing (DFEH).
Families may also seek recourse through the Fair Housing Division of the City Attorney’s Office.
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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.
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.
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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 or online • 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 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 encourage the family to make its request in writing using a reasonable accommodation request form. However, the PHA will consider the accommodation any time the family indicates that an accommodation is needed, whether or not a formal written request is submitted.
Reasonable accommodation requests may be submitted to:
• Housing specialist assigned to participant
• Reasonable accommodation mailbox
• ADA Coordinator
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Contact information is provided on the housing authority website. 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
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address of the knowledgeable professional who sent the information [Notice PIH 2010-26]. 2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION [JOINT STATEMENT OF THE DEPARTMENTS OF HUD AND JUSTICE: REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACT NOTICE PIH 2010-26].
The 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 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 programs with respect to the number of employees, 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, acknowledging receipt of the request, within a reasonable time not to exceed 10 business days.
Based on the verified need for the accommodation, or the absence thereof, the PHA will render its decision within a reasonable period of time.
Before 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
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fundamental alteration to the program and without imposing an undue financial and administrative burden. If the need for the accommodation was not readily apparent or known to the PHA, and the family was not able to demonstrate the relationship or nexus between the requested accommodation and the disability, the PHA may also deny the request.
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 15 business days from the date of the most recent discussion or communication with the family. The PHA may be required to respond in less than 15 business days.
A flyer regarding the HUD/DFEH complaint process can be found on the housing authority website.
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 [(310) 917-6626] communication will be available.
To meet the needs of persons with vision impairments, large-print of key program documents will be made available upon request. Audio versions may 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, be present at meetings held with the family, or to represent the family and the family’s interests. Should the family designate an individual as such a representative, a written, notarized authorization must be submitted to the PHA specifically designating the individual, including an acknowledgement that the family is still responsible for all family obligations under the programs.
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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:
• 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 non-discrimination 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. 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,
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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 programs. 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 Notice of Guidance to Federal Assistance Recipients Regarding Title VI Prohibition Affecting Limited English Proficient Persons, published December 19, 2003 in the Federal Register, and “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice” (Jan. 22, 2007).
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 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 programs; (3) the nature and importance of the program, activity, or service provided by the programs 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.
PHA Policy
The PHA has completed the four-factor analysis and developed a written LEP plan which is provided as Exhibit 2-2 at the end of this chapter.
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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 feasible, the PHA will train and hire bilingual staff to be available to act as interpreters and translators, will pool resources with other PHAs, and will standardize documents. Where feasible and possible, the PHA will encourage the use of qualified community volunteers if caution is taken to ensure that the volunteers are appropriately trained and that confidentiality concerns regarding individual applicants and tenants are adequately taken into account.
Where LEP persons desire, they will be permitted to use, at their own expense, a qualified 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, according to its language assistance plan (LAP), 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:
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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. 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.
The PHA has developed a written LEP plan, following these five steps: (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.
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 programs 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
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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. (Not applicable in all programs)
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 programs, yet an accommodation is needed to provide equal opportunity.
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EXHIBIT 2-2: SANTA MONICA HOUSING AUTHORITY LANGUAGE ASSISTANCE PLAN I. PLAN STATEMENT
The Santa Monica Housing Authority (SMHA) is committed to promoting adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination. The SMHA has adopted this Language Assistance Plan to ensure that its programs and resources are accessible to persons with Limited English Proficiency (LEP) without discrimination.
The SMHA will provide language assistance to participants/residents who request assistance from the SMHA for their LEP needs and whose primary language constitutes 5% or greater of the population of persons eligible to be served or likely to be affected or encountered. The information in this Plan is based on 2010 Census data and will be updated as updated Census data becomes available.
Limited English Proficient (LEP) persons are those whose proficiency in speaking, reading, writing, or understanding English is such that it would deny or limit their meaningful access to programs and services provided by the SMHA if language assistance were not provided.
II. MEANINGFUL ACCESS: FOUR FACTOR ANALYSIS
The following four factors have been researched and considered in order to develop a Limited English Proficiency Program which ensures meaningful assistance for LEP individuals and families.
A. Factor One: The number or proportion of LEP persons eligible to be served or likely to be encountered by the Housing Choice Voucher Program The service area of the Santa Monica Housing Authority (SMHA) is the City of Santa Monica. The City of Santa Monica has a total population that consists of 77.6% White,
3.9% Black, 9.0% Asian, 0.4% American Indian and Alaska Native and 0.1% Native Hawaiian and Other Pacific Islander as reported in the U.S Bureau of the Census, 2010 Census. 13.1% of the city’s population is of Hispanic or Latino origin. 15,769 (18%) households receive some form of low-income assistance. 11.1% of families received income below that of the poverty level between 2006 and 2010. 11.5% of all residents aged 65 years an older received income below the poverty level. 23% of the population were foreign born and 25.7% of all residents speak a language other than English at home including Spanish, other Indo-European, Asian Pacific Islander languages. Most came to the United States prior to 2000 from Europe, Asia and Latin America. The majority identifies their ancestry as English, German, and Irish.
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B. Factor Two: The frequency with which LEP individuals come into contact with the Housing Choice Voucher Program
• The SMHA administers 1,092 Section 8 Housing Choice Vouchers, 238 Continuum of Care Program Vouchers, and 45 HOME vouchers
• The SMHA provides housing assistance to over 1,800 individuals, seniors, children and persons with disabilities
• The SMHA employees have daily contact with potential applicants, property owners, and participants
C. Factor Three: The nature and importance of the program, activity, or service provided by the program to people’s lives
The SMHA is the largest provider of affordable housing in the City of Santa Monica and provides a critical resource of housing assistance to over 1,800 low income individuals.
D. Factor Four: Resources currently available to participants/residents The SMHA currently makes the following resources available to LEP individuals and families in order to provide meaningful access to SMHA programs and services:
• Bilingual staff in designated positions to provide oral translation services • Program documents translated into Spanish (a participant population of 5% or more who speak a language other than English in the home if that language can be identified)
• HUD website contains LEP documents at
www.hud.gov/offices/fheo/promotingfh/lep.cfm. Additional documents are available throughout the HUD clips Form Library.
III. LANGUAGE ASSISTANCE
The Santa Monica Housing Authority will:
1. List the telephone extension on all notices addressing language assistance.
2. Utilize language identification flashcards to assist limited English proficient individuals to inform staff of the language they are most comfortable using to communicate.
3. Utilize signage in the lobby of the housing authority and on the website informing the public of translation and interpreter service.
4. Inquire as to the need for, and provide qualified interpreter assistance for, all required group meetings (i.e. briefings) at no cost to the participant.
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5. Provide translated versions of vital documents to LEP applicants and participants.
6. Provide free interpretation assistance upon request for all other housing authority transactions.
Interpreters
To the extent that they are available, qualified interpreters will be provided for all group meetings (i.e. briefings) at no cost to the participants, if the assistance is requested at least 2 work days prior to the meeting. Notice announcing the meeting, including appointment letters, will advise individuals of their ability to request assistance in advance of a group meeting.
Interpretation assistance via telephone conferencing will be offered for one-on-one meetings with staff as needed. Friends will be strongly discouraged as interpreters; minor children will not be permitted to act as interpreters.
The City of Santa Monica has a Translation Services List of employees who are proficient in interpreting specific languages.
Translation
While every effort will be made to ensure that all documents translated remain true to the English version, the text of the English version is the official statement and/or policy of the SMHA. Eventual errors in translation may be considered as a mitigating factor in assessing any resulting complications.
The SMHA will make available, upon request or identification of need, any forms that have been translated by the U.S. Department of Housing and Urban Development. The SMHA will also provide written translations (Spanish and other language(s) for participants as indicated by the annual needs assessment) of:
a. Any flier announcing the availability of, and the associated application form for admission to the Programs
b. The statement of Family Obligations
c. Termination notices
d. Notices advising of the right to request an Informal Review or Informal Hearing Vital Documents
The SMHA will conduct an initial review of its written documents for the purpose of accessing whether any document is vital and requires translation. HUD’s LEP Guidance states that “[v]ital. documents are those that are critical for ensuring meaningful access by beneficiaries or potential beneficiaries generally and LEP persons specifically” [72 Fed. Reg. at 2,736].
Whether a document is important depends on the “importance of the program, information,
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encounter, or service involved, and the consequences to the LEP person if the information in question is not provided accurately or in a timely manner.” Id. at 2752. A similar review will be conducted to determine if new documents are vital and need translation. The Santa Monica Housing Authority will rely on HUD to translate its own required documents.
Examples of vital documents may include, but are not limited to Personal Declaration, Housing Choice Voucher (HUD-52646), Family Obligations, and Tenant Integrity Certification, and the HUD Tenancy Addendum.
IV. OUTREACH
The SMHA will post notices of the availability of language assistance services in the front lobby of the Santa Monica Housing Authority, 1901 Main Street, Santa Monica, CA. Notice regarding the availability of language assistance services will also be posted on the SMHA’s website and will be included in annual recertification packages sent to residents and participants. Outreach will also include advertising waitlist openings in non-English media.
V. TRAINING
The SMHA will provide ongoing training for appropriate staff regarding the LAP policy and procedures. Training will include:
• An overview of the SMHA’s Limited English Proficiency Policy and Procedures. • How and when to use the Santa Monica Housing Authority’s Language Identification Card to identify the language in which the LEP person needs assistance. • How and when to access language services through bilingual staff or Language Line Services.
• How to work with an interpreter.
• Prohibition against requiring or asking LEP person to bring his/her own interpreter. • Cultural sensitivity.
• The potential consequences of having close friends or children act as interpreters.
VI. MONITORING AND RECORDKEEPING
A. Housing Authority staff will monitor the provision of language assistance services to LEP persons on an ongoing basis to meet with staff to coordinate and facilitate the delivery of language services and address issues related to language services.
SMHA staff will:
1. Monitor the implementation of the Santa Monica Housing Authority’s Language Assistance Plan and update it annually.
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2. Track LEP persons served, including the language, type of service and how language services were provided if available.
3. Consult with front line staff to identify emerging languages and changes in the proportion of existing language groups.
4. Ensure compliance with the requirements for providing language assistance services.
5. Assess the language assistance needs of the SMHA on an annual basis by reviewing data on the provision of language services and the prior year’s provision of language assistance services and recommend modifications of the Plan to the Housing Authority Administrator.
6. Monitor the translation of vital documents.
7. Oversee quality control assessment of language services.
COMPLAINTS
SMHA employees who receive a report or become aware that a LEP person believes that he/she has not been provided with language assistance services, in accordance with the provisions of the Language Assistance Plan, should report that information to the Housing Authority Administrator in person or via telephone at 310-458-8743.
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CHAPTER 3 : ELIGIBILITY
INTRODUCTION
The PHA is responsible for ensuring that every individual and family admitted to the programs meet 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 programs:
• 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.
• 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.
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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 982.201(C); HUD-50058 IB, P. 13; FR NOTICE 02/03/12]
The terms family and household have different meanings in the HCV program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD includes, but is not limited to the following, regardless actual or perceived sexual orientation, gender identity, or marital status, a single person, who may be an elderly person, disabled person, near-elderly person, or any other single person; 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, or 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.
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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. 3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [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, or stalking, the PHA must ensure that the victim retains assistance. (For documentation requirements and policies related to domestic violence, dating violence, sexual assault, and stalking, see section 16-IX.D of this plan.)In accordance with Notice PIH 2017-08, for HUD–Veterans Affairs Supportive Housing (HUD–VASH) vouchers, when the veteran is the perpetrator of domestic violence, dating violence, sexual assault, or stalking, 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 determinations, 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, or stalking, including a family member who was forced to leave an assisted unit as a result of such actual or threatened abuse; (4) any possible
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risks to family members as a result of criminal activity; and (5) the recommendations of social service professionals.
Remaining Member of a Tenant Family [24 CFR 5.403]
The HUD definition of family includes the remaining member of a tenant family, which is a member of an assisted family who remains in the unit when other members of the family have left the unit. Household members such as live-in aides, foster children, and foster adults do not qualify as remaining members of a family.
If dependents are the only “remaining members of a tenant family” and there is no family member able to assume the responsibilities of the head of household, see Chapter 6, Section 6- I.B, for the policy on “Caretakers for a Child.”
3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(B)]
Head of household means the adult member of the family who is considered the head for purposes of determining income eligibility and rent. The head of household is responsible for ensuring that the family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or spouse.
PHA Policy
The family may designate any qualified family member as the head of household.
The head of household must have the legal capacity to enter into a lease under state and local law. A minor who is emancipated under state law may be designated as head of household.
3-I.E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD-50058 IB, p. 13].
Spouse means the marriage partner of the head of household.
PHA Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law.
[California Law: California does not recognize common law marriages. However, if a couple meets the requirements for a common law marriage in a state that does recognize common law marriages, and the couple then moves to California, California will recognize the "common law" marriage. For example, if a couple lived in Texas, a state recognizing common law marriage, and met the requirements for a common law
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marriage, and then moved to California, which does not recognize common law marriage, California will recognize the couple as being married.] 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.
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. 3-I.F. DEPENDENT [24 CFR 5.603]
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 50 percent or more than 50% of the time. The PHA considers joint custody to be legal only whereby a court order exists determining primary place of residence of the children.
If the dependent(s) resides in two households, each of which have a housing subsidy, the addition of said dependent(s) will create a Multiple Subsidy error and is not approved without the household submitting a request to the PHA. Failure to report the existence of duplicate housing subsidy assistance is a violation of Family Obligations.
The PHA must then, upon approval of the request, submit a waiver request to the local field office. If the local field office approves the request, it will be forwarded to HUD for final approval.
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When appropriate, the Housing Authorities involved may remove the name of the dependent(s) as they change households during the year.
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 and receive the dependent allowance/deduction. 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, IRS returns showing which family has claimed the child for income tax purposes, and school records.
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, IRS returns showing which family has claimed the child for income tax purposes, and school records.
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 as described in Chapter 6-I.D. Earned Income of Full-Time Students. 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.
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Elderly Family
An elderly family is one in which the head, spouse, cohead, or sole member is an elderly person.
Identifying elderly families is important because elderly families qualify for the elderly family allowance as described in Chapter 6.
3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403, FR NOTICE 02/03/12] Persons with Disabilities
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 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 consecutive days or a total of 28 cumulative calendar days during any 12-month period. If the lease agreement conflicts with PHA policy, then lease agreement supersedes PHA policy.
Minor 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
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of the assisted household more than 50 percent of the time, are not subject to the time limitations of guests as described above.
A student who was a former member of the household (other than head of household or spouse) who is currently enrolled as a full-time student and attends school away from home may return to the home for school recesses so long as the stay in the unit lasts no more than 14 consecutive days or 24 cumulative days within a 12-month period. Stays more than 14 consecutive days or 24 cumulative days within a 12-month period are subject to an interim re-examination to account for changes in the household composition (see Chapter 11-II.B).
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.
3-I.K. FOSTER CHILDREN AND FOSTER ADULTS
Foster adults are usually persons with disabilities, unrelated to the tenant family, who are unable to live alone [24 CFR 5.609].
The term foster child is not specifically defined by the regulations.
Foster children and foster adults who are living with an applicant or who have been approved by the 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 is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under some kind of foster care arrangement with the custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence would not result in a violation of HQS space standards according to 24 CFR 982.401. However, the PHA will not approve the addition of a foster child or foster adult if the family requires an additional bedroom to accommodate the foster child or foster adult.
Children that are temporarily absent from the home as a result of placement in foster care are discussed in Section 3-I.L.
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3-I.L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety of reasons including educational activities, placement in foster care, employment, illness, incarceration, and court order.
Definitions of Temporarily and Permanently Absent
PHA Policy
Generally, an individual who is or is expected to be absent from the assisted unit for 90 consecutive days or less is considered temporarily absent and continues to be considered a family member. An individual who is or is expected to be absent from the assisted unit for more than 90 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below.
Absent Students
PHA Policy
When a student who has been considered a former member of the household attends school away from home, the person will not be considered a family member unless the head of household notifies the PHA in writing and the PHA determines that the student is returning to the unit as a resident, including those situations where the student has returned as a guest and remained past the authorized guest period and requires an interim re-examination in accordance with Chapter 11-II.B.
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 head of household will notify the PHA in writing and provide written verification from the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 90 days from the date of removal of the children, the voucher size will be reduced. If the agency confirms that the child has been permanently removed from the home, the child will not be counted as a family member and the voucher size will be adjusted in accordance with the PHA’s subsidy standards if appropriate.
The family head, spouse, or co-head is responsible for keeping the PHA notified of changes in the family composition. If the family head, spouse, or co-head receives
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verification that the child has been permanently removed from the home, the assisted family must supply the information to the PHA. Failure to supply the information within 10 days is cause for termination of the assisted voucher.
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 head of household must request PHA approval for the return of any adult family members that the PHA previously determined to be permanently absent. The individual is subject to the eligibility and screening requirements discussed elsewhere in this chapter. If this request includes an increase in bedroom size, the PHA will determine whether it has sufficient funding in accordance with the policies in Part VIII of Chapter
16. The lease must be modified to reflect the change in household. 3-I.M. LIVE-IN AIDE [PIH 2012-33]
A live-in aide 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 well3.I.c Packet Pg. 416 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public PAGE 3-11
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.
A PHA may only approve one additional bedroom for a live-in aide however, SMHA does not provide a bedroom for a live-in aide. Although a live-in aide may have PHA-approved family member/s live with him/her in the assisted unit, no additional bedrooms will be provided for the family members of the live-in aide. The PHA must ensure that housing quality standards (HQS) will not be violated and that there will be no more than two people per bedroom or living/sleeping space in the unit in accordance with 24 CFR §982.401(d)(2)(ii). If the approval of additional family members of a live-in aide would result in the violation of HQS, the additional family members of the live-in aide may not be approved
PHA Policy
A head of household’s request for a live-in aide must be made in writing using a live-in aide request form. Written verification will be required from a knowledgeable professional, such as a doctor, social worker, or case worker, that a live-in aide is necessary for the care and well-being of the elderly or disabled family member. For continued approval, the family must submit a new, written request-subject to PHA verification-at each annual reexamination, and the live-in aide must participate in the annual reexamination appointment.
In addition, the family and live-in aide will be required to complete a Live-In Aide Agreement certification form 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 at each annual reexamination.
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 housing assistance under the 1937 Act.
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The live-in aide services are not required for at least 8 hours a day.
The person will not continually reside in the assisted unit with the disabled family member and use the assisted unit as his/her principal place of residence.
The person is a helper or guest of the participant who comes and goes during the day.
Has been terminated previously from the Section 8 Program due to program non-compliance.
The PHA may deny the addition of a proposed live-in aide to the household if that proposed live-in aide would have been ineligible for the program at initial admission in accordance with Chapter 3, Eligibility, or Chapter 12 Termination of Assistance and Tenancy, of this Administrative Plan.
Eligibility checks will be completed (and documented in the file) for all prospective livein aides (and any family members that will live with them in the assisted unit) and they must meet the same eligibility criteria as a program applicant or participant, excluding income criteria.
The PHA will notify the family of its decision in writing within 15 business days of receiving written third-party verification for a live-in aide.
PHA Policy
Live-in aids are not subject to the Citizenship or Eligible Immigration Status Rule as set forth in Chapter 3-II.B.
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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 programs 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 30 percent of the median income for the area, adjusted for family size.
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]
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 limits for their family size. 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]
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 within 120 days of 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
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homeownership) developments, or other HUD-assisted multifamily homeownership programs covered by 24 CFR 248.173
• A low-income or moderate-income family that is displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract on eligible lowincome housing as defined in 24 CFR 248.101 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 established the following additional categories of low-income families that may be determined eligible:
o A family physically displaced from a Rental Rehabilitation Development due to physical construction, overcrowding, or change in the use of the unit o A family assisted under another federal housing program and displaced from that program for reasons beyond their control or because they did not participate in a home ownership program
o A family living in a HUD-owned project when HUD sells, forecloses or demolishes the project)
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. 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
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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.
In accordance with SMHA’s LEP Plan, a translated version of the declaration of eligible immigration status, and other appropriate language assistance, will be provided to LEP applicants.
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
The PHA requires all applicant families to submit verification of their citizenship. All families will be notified of the requirement to submit evidence of their citizenship or legal residency status when they apply. If evidence cannot reasonably be provided by the family, the PHA may accept a signed declaration from all family members as verification of citizenship.
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.
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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].
In accordance with SMHA’s LEP Plan, a translated version of the verification consent form, and other appropriate language assistance, will be provided to LEP applicants who declare eligible noncitizen status.
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).
In accordance with SMHA’s LEP Plan, a translated version of the non-contending family members listing, and other appropriate language assistance, will be provided to LEP applicants with household members who do not wish to assert eligible immigration status.
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.
In accordance with SMHA’s LEP Plan, a translated version of the notification of prorated assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households.
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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 is determined eligible.
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 15 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 (if program permits), 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 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.
In accordance with SMHA’s LEP Plan, a translated version of the notice of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants with mixed households.
Informal hearing procedures are contained in Chapter 16.
Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] For new occupants joining the assisted family, the 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.
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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 2012-10] The applicant and all members of the applicant’s household age 6 or older must disclose the complete and accurate social security number (SSN) assigned to each household member and the documentation necessary to verify each SSN. If a child under age 6 has been added to an applicant family within 6 months prior to voucher issuance, an otherwise eligible family may be admitted to the program and must disclose and document the child’s SSN within 90 days of the effective date of the initial HAP contract. A detailed discussion of acceptable documentation is provided in Chapter 7.
Note: These requirements do not apply to noncitizens who do not contend eligible immigration status.
In addition, each participant who has not previously disclosed an SSN, must submit their complete and accurate SSN and the documentation required to verify the SSN at the time of the next interim or annual reexamination or recertification. Participants age 62 or older as of January 31, 2010, whose determination of eligibility was begun after January 31, 2010 are exempt from this requirement and remain exempt even if they move to a new assisted unit.
The PHA must deny assistance to an applicant family if they do not meet the SSN disclosure, documentation and verification, and certification requirements contained in 24 CFR 5.216. 3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230, HCV GB, P. 5-13] HUD requires each adult family member, and the head of household, spouse, or cohead, regardless of age, to sign form HUD-9886, Authorization for the Release of Information/Privacy Act Notice, 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 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)].
A translated notice of this consent form, and other appropriate language assistance, should be provided to LEP applicants.
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3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION [24 CFR 5.612 AND FR NOTICE 4/10/06, FR NOTICE 9/21/16]
Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in institutions of higher education.
If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the student’s eligibility must be examined along with the income eligibility of the student’s parents. In these cases, both the student and the student’s parents must be income eligible for the student to receive HCV assistance. If, however, a student in these circumstances is determined independent from his/her parents in accordance with PHA policy, the income of the student’s parents will not be considered in determining the student’s eligibility.
The new law does not apply to students who reside with parents who are applying to receive HCV assistance. It is limited to students who are seeking assistance on their own, separately from their parents.
Definitions
In determining whether and how the new eligibility restrictions apply to a student, the 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.
Independent Student
PHA Policy
The PHA will consider a student “independent” from his or her parents and the parents’ income will not be considered when determining the student’s eligibility if the following four criteria are all met:
The individual is of legal contract age under state law.
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The individual has established a household separate from his/her parents for at least one year prior to application for occupancy or the individual meets the U.S.
Department of Education’s definition of independent student.
To be considered an independent student according to the Department of Education, a student must meet one or more of the following criteria:
The individual is at least 24 years old by December 31 of the award year for which aid is sought
The individual is an orphan, in foster care, or a ward of the court, or was an orphan, in foster care, or ward of the court at any time when the individual was 13 years of age or older
The individual is, or was immediately prior to attaining the age of majority, an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual’s state of legal residence
The individual is a veteran of the U.S. Armed Forces or is currently serving on active duty in the Armed Forces for other than training purposes The individual is a graduate or professional student
The individual is married
The individual has one or more legal dependents other than a spouse (for example, dependent children or an elderly dependent parent) The individual has been verified during the school year in which the application is submitted as either an unaccompanied youth who is a homeless child or youth, or as unaccompanied, at risk of homelessness, and self-supporting by:
A local educational agency homeless liaison
The director of a program funded under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act or a designee of the director
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
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The individual was not claimed as a dependent by his/her parents pursuant to IRS regulations, as demonstrated on the parents’ most recent tax forms or the student’s FAFSA.
The individual provides a certification of the amount of financial assistance that will be provided by his/her parents. This certification must be signed by the individual providing the support and must be submitted even if no assistance is being provided.
If the 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).
Veteran
PHA Policy
A veteran is a person who served in the active United States military, naval, or air service and who was discharged or released from such service under conditions other
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than dishonorable. Included in this definition are reservists, who are armed forces personnel on part time duty, and persons who served on the National Guard.
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
Determining Student Eligibility
If a student is applying for assistance on his/her own, apart from his/her 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 his/her parents or the student’s parents are income eligible for the program, and (3) the “family” with which the student is applying is collectively eligible for the program.
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
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Determine whether the student is independent from his/her parents in accordance with the definition of independent student in this section Follow the policies below, if applicable, in determining whether the student’s parents are income eligible for the program
If the 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.
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 his/her parents and has not had contact with or does not know where to contact his/her 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 [NOTICE PIH 2018-18; EIV FAQS; EIV SYSTEM TRAINING 9/30/20] 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
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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 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.
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.
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Income and IVT Reports
For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm and validate family reported income within 120 days of the IMS/PIC submission date of the new admission. The PHA must print and maintain copies of the EIV Income and IVT reports in the tenant file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report dates.
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PART III: DENIAL OF ASSISTANCE
3-III.A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied assistance. 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].
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, or stalking if the applicant is otherwise qualified for assistance (See section 3-III.G.)
• Gender identity, sexual orientation, or marital status [HUD Equal Access Rule, 77 Fed. Reg. 5662 (Feb. 3, 2012]
3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(A)] 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).
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PHA Policy
The PHA will admit an otherwise-eligible family who was evicted from federally-assisted housing within the past three 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 three months.
• 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 conviction will be given more weight than an arrest. 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 (14 years of age or older) is subject to a lifetime registration requirement under a state sex offender registration program Medical Marijuana
Based on federal law, new admissions of medical marijuana users are prohibited into the Public Housing and Housing Choice Voucher Programs. The Controlled Substances Act (CSA) lists marijuana as a Schedule I drug, a substance with a very high potential for abuse and no accepted medical use in the United States. The Quality Housing and Work Responsibility Act (QHWRA) of 1998 (42 U.S.C. §13661) requires that PHAs administering the HUD's rental assistance programs establish standards and lease provisions that prohibit admission into the PH and HCV programs based on the illegal use of controlled substances, including state legalized medical marijuana.
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PHA Policy
New Admissions: The PHA will not admit any medical marijuana user into the program.
Current Participants who were admitted to the program prior to February 1, 2011, who can demonstrate evidence that a valid medical marijuana card was issued to the participant, as allowed for under California state law, prior to March 14, 2012, shall not be subject to termination for using or possessing medical marijuana. Acceptable documentary evidence shall be a medical marijuana card with an issuance date showing it was issued prior to March 14, 2012. In the event a medical marijuana card does not have issuance date on the card, the participant must provide a copy of the medical marijuana card and additional written documentation that demonstrates the card was issued prior to March 14, 2012. Nothing in this section shall prohibit termination for violating any lease provision, which may include a prohibition of using or possessing marijuana.
3-III.C. 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 convicted of any of the following criminal activities, within the past three years, the family will be denied assistance.
Drug-related criminal activity, defined by HUD as the illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug [24 CFR 5.100].
Violent criminal activity, defined by HUD as any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage [24 CFR 5.100].
Criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity; or Criminal activity that may threaten the health or safety of property owners, management staff, and persons performing contract administration functions or other
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responsibilities on behalf of the PHA (including a PHA employee or a PHA contractor, subcontractor, or agent).
Immediate vicinity means within the City of Santa Monica.
Evidence of such criminal activity includes, but is not limited to:
Any conviction for drug-related or violent criminal activity within the past three years.
Records of arrests for drug-related or violent criminal activity within the past three 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.
The criminal records collected by the PHA provide a cumulative criminal history for an individual. If a criminal history report is indicative of a potential pattern of violent or predatory criminal activity, the PHA may consider criminal history records that are older than 5 years. A conviction for drug-related or violent criminal activity will be given more weight than an arrest for such activity.
In making its decision to deny assistance, the PHA will consider the factors discussed in Section 3-III.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
Previous Behavior in Assisted Housing [24 CFR 982.552(c)] HUD authorizes the PHA to deny assistance based on the family’s previous behavior in assisted housing:
Per the alternative requirements listed in the Federal Register notice dated December 29, 2014, PHAs are no longer permitted to deny assistance to a family because the family previously failed to meet its obligations under the Family Self-Sufficiency (FSS) program [FR Notice 12/29/14].
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 three years.
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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.
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.
A family member has engaged in or threatened violent or abusive behavior toward PHA personnel.
Abusive or violent behavior towards PHA personnel or owner/agent 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.E. Upon consideration of such factors, the PHA may, on a case-by-case basis, decide not to deny assistance.
3-III.D. 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 for every incoming adult household member. Criminal background checks will only be performed:
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1. At initial admission into the programs in Santa Monica or when porting into Santa Monica from another jurisdiction; AND/OR
2. When the Head of Household is requesting to add a member to their household who is 18 years of age or older.
If the results of the criminal background check indicate that there may be past criminal activity in the last 5 years, but the results are inconclusive, the PHA Administrator or other designated staff person will request an in-person meeting with the household member(s) whose records are in question. The PHA will notify the tenant/household member of his/her decision within 15 business days.
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 National Sex Offender database to screen applicants for admission.
Additionally, PHAs must ask whether the applicant or any member of the applicant’s household who is 14 years of age or older, 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)].
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.
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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, sexual assault, dating violence, or stalking except at the written request or with the written consent of the individual providing the documentation [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. 3-III.E. 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.
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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 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.G) a victim of domestic violence, dating violence, sexual assault, or stalking.
The length of time since the violation occurred, including the age of the individual at the time on the conduct, as well as the family’s recent history and the likelihood of favorable conduct in the future.
While a record or records of arrest will not be used as the sole basis for denial, an arrest may, however, trigger an investigation to determine whether the applicant actually engaged in disqualifying criminal activity. As part of its investigation, the 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
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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.
In the case of debts owed to another PHA, SMHA will reconsider the family’s application for admission if the family either: 1) provides proof that the debt owed to the other PHA was paid in full prior to the date the family was selected for admission, or 2) provides proof that it has paid the debt in full within 15 days of the date the family was notified that its application would be denied due to the debt owed.
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.
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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 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.
3-III.F. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family in writing and schedule a tenant briefing, as discussed in Chapter 5. Any notification of the family’s eligibility for assistance will be translated in accordance with SMHA’s LEP Plan.
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 15 business days of the determination.
In accordance with SMHA’s LEP Plan, a translated version of the notification of denial of assistance, and other appropriate language assistance, will be provided to LEP applicants.
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
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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, or stalking are contained in Section 3-III.G. 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING
The Violence Against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b) prohibit PHAs from denying an applicant admission to programs 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.
Definitions of key terms used in VAWA are provided in section 16-IX of this plan, where general VAWA requirements and policies pertaining to notification, documentation, and confidentiality are also located.
Notification
VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD5380) 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, or stalking 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, or stalking, 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
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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. Should SMHA make a written request to an applicant seeking to assert VAWA protections, SMHA will provide a translated copy of this request, and provide other appropriate language assistance, in accordance with the SMHA LEP Plan.
Documentation
Victim Documentation
PHA Policy
If an applicant claims the protection against denial of assistance that VAWA provides to victims of domestic violence, dating violence, sexual assault or stalking, the PHA will request in writing that the applicant provide documentation supporting the claim in accordance with section 16-IX.D of this plan. Should SMHA make a written request to an applicant seeking to assert VAWA protections, SMHA will provide a translated copy of this request, and provide other appropriate language assistance, in accordance with the SMHA LEP 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 his or her belief that the rehabilitation was successfully completed or is progressing successfully. The victim and perpetrator must also sign or attest to the documentation.
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EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES Person with Disabilities [24 CFR 5.403]
The term person with disabilities means a person who has any of the following types of conditions:
• Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:
Inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months; or
In the case of an individual who has attained the age of 55 and is blind (within the meaning of “blindness” as defined in section 416(i)(1) of this title), inability by reason of such blindness to engage in substantial gainful activity, requiring skills or ability comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time.
• Has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C.15002(8)], which defines developmental disability in functional terms as follows:
(A) In General
The term “developmental disability” means a severe, chronic disability of an individual that:
(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(ii) is manifested before the individual attains age 22; (iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity: (I) Self-care, (II) Receptive and expressive language, (III) Learning, (IV) Mobility, (V) Self-direction, (VI) Capacity for independent living, (VII) Economic self-sufficiency; and
(v) reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
(B) Infants and Young Children
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An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described in clauses (i) through (v) of subparagraph (A) if the individual, without services and supports, has a high probability of meeting those criteria later in life. • Has a physical, mental, or emotional impairment that is expected to be of long-continued and indefinite duration; substantially impedes his or her ability to live independently and is of such a nature that the ability to live independently could be improved by more suitable housing conditions.
People with the acquired immunodeficiency syndrome (AIDS) or any 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.
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 impairment; or is regarded as having such impairment. The term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from participating in the program or activity in question, or whose participation, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others. As used in this definition, the phrase:
(1) Physical or mental impairment includes:
(a) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (b) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (2) Major life activities mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
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(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 pre accreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part C of subchapter I of chapter 34 of Title 42, the term ‘‘institution of higher education’’ also includes—
(1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.
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(c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the Secretary shall publish a list of nationally recognized accrediting agencies or associations that the Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be reliable authority as to the quality of the education or training offered.
Definition of ‘‘Institution of Higher Education’’ From 20 U.S.C. 1002 (a) Definition of institution of higher education for purposes of student assistance programs (1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this subsection, the term ‘‘institution of higher education’’ for purposes of subchapter 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
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(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
(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—
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(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;
(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
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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.
(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—
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(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, WAITLIST, AND TENANT SELECTION
INTRODUCTION
When a household wishes to receive assistance under the Section 8 Housing Choice Voucher (HCV) program, the household must submit an application that provides the PHA with the information needed to determine the household’s eligibility. HUD requires the PHA to place all households that apply for assistance on a waitlist. When Section 8 HCV assistance becomes available, the PHA must select applicants from the waitlist 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 applicants on the waitlist, and selecting applicants from the waitlist, and must follow these policies and procedures consistently. The actual order in which applicants are selected from the waitlist can be affected if an applicant has certain characteristics designated by HUD or the PHA that justify their selection. Examples of this are the selection of applicants for income targeting and the selection of applicants that qualify for targeted funding.
HUD regulations require that all households 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 waitlist, and selecting applicants for Section 8 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 Waitlist. This part presents the policies that govern how the PHA’s waitlist 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 waitlist current.
Part III: Selection for Section 8 HCV Assistance. This part describes the policies that guide the PHA in selecting households for Section 8 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 waitlist. 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 household that wishes to receive housing assistance must apply for admission to the program. HUD permits the PHA to determine the format and content of Section 8 HCV applications, as well as how such applications will be made available to interested households 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
Applications must be completed online in the method described in the instructions on the PHA’s website in order to be accepted by the PHA for processing. All required information must be filled out before the system will accept the application.
Depending upon the length of time that applicants may need to wait to receive assistance, the PHA may use a one- or two-step application process.
A one-step process will be used when it is expected that a household will be selected from the waitlist within 60 days of the application. At application, the household must provide all the information necessary to establish eligibility and level of assistance.
A two-step process will be used when it is expected that a household will not be selected from the waitlist for at least 60 days from the date of application. Under the two-step application process, the PHA initially will require households to provide only the information needed to make an initial assessment of the household’s eligibility and to determine the household’s placement on the waitlist. This information will be obtained from the household via a preliminary application online when applications are being accepted. As a reasonable accommodation, households may also apply by telephone.
At the time of selection from the waitlist, the household will be required to provide all of the information necessary to establish household eligibility and level of assistance.
The information will be obtained from the household via a full application form.
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4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS
If a person with disabilities is unable to complete the online pre-application process due to the nature of their disability, they may request a reasonable accommodation for assistance with the application process. The PHA will accept reasonable accommodation requests from the time that the formal announcement of the waitlist opening is made until the waitlist closes.
Requests for reasonable accommodations received before or after this period will not be approved. In order to prevent delay in the pre-application process for these individuals, the PHA will not verify with a third party the individual’s need for a reasonable accommodation. As a reasonable accommodation, the PHA may allow the applicant to apply by telephone. The applicant must contact the PHA before the deadline specified by the PHA.
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 (LEP) [24 CFR 1]. Throughout the application, waitlist, and selection process, the PHA must ensure that LEP individuals are provided with meaningful language access in accordance with HUD’s 2007 LEP Guidance and the PHA LEP Plan. This includes, but is not limited to, providing translated documents to applicants and conducting outreach about waitlist openings/closures and admissions preferences in non-English ethnic media. Chapter 2 provides a full discussion of the PHA’s policies related to ensuring access to LEP individuals. 4-I.D. PLACEMENT ON THE WAITLIST
The PHA must review each complete application received and make a preliminary assessment of the household’s eligibility. The PHA must accept applications from households 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 household is determined to be ineligible, the PHA must notify the household in writing [24 CFR 982.201(f)]. Where the household is not determined to be ineligible, the household will be placed on a waitlist of applicants.
No applicant has a right or entitlement to be listed on the waitlist, or to any particular position on the waitlist [24 CFR 982.202(c)].
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Ineligible for Placement on the Waitlist
PHA Policy
If the PHA can determine from the information provided that an applicant is ineligible, the applicant will not be placed on the waitlist. Where an applicant is determined to be ineligible, the PHA will send written notification of the ineligibility determination. The notice will specify the reasons for ineligibility and will inform the applicant of their right to request an informal review and explain the process for doing so (see Chapter 16). If the applicant wants to provide additional documentation, it must be submitted at the time the informal review is requested.
Eligible for Placement on the Waitlist
PHA Policy
Waitlist applicants will receive instant confirmation of receipt of application when all required information is completed. A final determination of eligibility will be made when the applicant is selected and all factors of eligibility are verified including preferences.
Once the online application has been accepted, a receipt will be displayed. Waitlist status for the Section 8 HCV waitlist can be viewed on waitlistcheck.com using the account created during the application process. The status of the applications will be available in 30 business days. The PHA will not verify waitlist status via phone or email.
AssistanceCheck pins will be issued for applicants to ensure applicant confidentiality.
AssistanceCheck can be used to update household information. Reasonable accommodation requests regarding assistance can be made to the PHA.
If the waitlist remains open indefinitely, applicants will be pulled from the waitlist based on preference and date and time of the application.
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PART II: MANAGING THE WAITLIST
4-II.A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the waitlist of applicants. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of waitlist openings and closings, updating waitlist information, purging the list of households 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 waitlist and how households 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 SECTION 8 HCV WAITLIST [24 CFR 982.204 AND 205] The PHA’s waitlist must be organized in such a manner to allow the PHA to accurately identify and select applicants for assistance in the proper order, according to the admissions policies described in this plan.
The waitlist must contain the following information for each applicant listed:
• Applicant name;
• Household size;
• Date and time of application;
• Qualification for any local preference;
• Racial or ethnic designation of the head of household; and • Income.
HUD requires the PHA to maintain a single waitlist for the Section 8 HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate waitlist for each county or municipality served.
HUD permits, but does not require, that PHAs maintain a single merged waitlist for their public housing, Section 8 HCV, and other subsidized housing programs.
A household’s decision to apply for, receive, or refuse other housing assistance must not affect the household’s placement on the Section 8 HCV waitlist, or any preferences for which the household may qualify.
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PHA Policy
The PHA will maintain a single waitlist for Section 8 HCV vouchers. The PHA will maintain an additional waitlist for HOME vouchers, a waitlist for continuum of Care (CoC) vouchers, and multiple waitlists for project-based (PBV) Section 8 vouchers. HUD directs that a household that applies for assistance from the Section 8 HCV program must be offered the opportunity to be placed on the waitlist for any public housing, projectbased voucher or moderate rehabilitation program the PHA operates if 1) the other programs’ waitlists are open, and 2) the household is qualified for the other programs.
For PBV waitlist procedures, see Chapter 17. For CoC waitlist procedures, see Chapter
19. For HOME waitlist procedures, see Chapter 20.
4-II.C. OPENING AND CLOSING THE WAITLIST [24 CFR 982.206] Closing the Waitlist
A PHA is permitted to close the waitlist if it has an adequate pool of households to use its available assistance. Alternatively, the PHA may elect to continue to accept applications only from certain categories of households that meet particular preferences or funding criteria.
PHA Policy
The PHA may close the waitlist when it has an adequate pool of households to use the available assistance. Where the PHA has particular preferences or funding criteria that require a specific category of household, such as homeless or project-based voucher (PBV), the PHA may elect to continue to accept applications from these applicants while closing the waitlist to others.
Reopening the Waitlist
If the waitlist 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 waitlist 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 applicants, this information will be contained in the notice.
The PHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to:
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• Placing a notice in the local newspaper
• Posting a notice in plain view in the City Hall lobby, with a translated version(s) in accordance with the PHA’s LEP Plan
• Placing a notice in the Spanish language newspaper, as well as newspapers that serve other language communities in accordance with the PHA’s LEP Plan • Posting a notice in community centers, including those that serve largely nonEnglish speaking populations • Arranging http://www.smgov.net/ and cable TV public service announcements; including announcements that are accessible in non-English languages, in accordance with the PHA’s LEP Plan
• Arranging for announcements in non-English ethnic media • Sending a mailing to local Legal Aid Office, community organizations, and civic groups.
4-II.D. APPLICANT 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 waitlist to use the resources it has been allotted.
Because HUD requires the PHA to admit a specified percentage of extremely low-income households to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure that an adequate number of such households 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 households 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 and non-English newspapers
• Developing informational materials and flyers to distribute to other agencies
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• 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, as well as immigrant populations.
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.
4-II.E. REPORTING CHANGES IN HOUSEHOLD CIRCUMSTANCES
PHA Policy
While the household is on the waitlist, the household must immediately inform the PHA of changes in income and contact information, including current residence, mailing address, and phone number. The changes must be submitted in writing within 15 calendar days of the date of the change using the AssistanceCheck website.
The household will not be permitted to report changes in household size or composition (add new household members not included on the household’s pre-application) after the household has received notification of being selected from the waitlist, except:
The household may add children who joined the household as a result of birth, adoption, or court-awarded custody. The household may add other household members due to marriage or domestic partnership (spouse, domestic partners, co-head). 4-II.F. UPDATING THE WAITLIST [24 CFR 982.204]
HUD requires the PHA to establish policies to use when removing applicant names from the waitlist.
Purging the Waitlist
The decision to withdraw an applicant household that includes a person with disabilities from the waitlist 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 household did not respond because of the household member’s disability, the PHA must reinstate the applicant household to their former position on the waitlist [24 CFR 982.204(c)(2)].
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PHA Policy
The PHA reserves the right to purge the waitlist annually by removing (deleting) all applications that were not selected during the 12-month period that began on the date the waitlist was closed.
To update the waitlist, the PHA will re-open the waitlist based on need or on a schedule to be determined and published on the PHA’s website. The PHA may stop accepting applications if it is determined that the existing waitlist contains an adequate pool of applicants to utilize the program funding that is available during the 12-month period following the closing of the waitlist.
Applicants will be notified at time of application that their application to the waitlist is valid for a minimum of 12 months and that if not selected during that time period they may need to re-apply when the waitlist is re-opened.
Removal from the Waitlist
PHA Policy
If at any time an applicant is on the waitlist, the PHA determines that the applicant is not eligible for assistance (see Chapter 3), the applicant will be removed from the waitlist. If an applicant is removed from the waitlist because the PHA has determined the applicant is not eligible for assistance, a notice will be sent to the applicant’s address of record as well as to any alternate address provided on the initial application. The notice will state the reasons the applicant was removed from the waitlist and will inform the household how to request an informal review regarding the PHA’s decision (see Chapter 16) [24 CFR 982.201(f)]. In accordance with the PHA’s LEP Plan, a translated version of the notice of removal from the waitlist, and other appropriate language assistance, will be provided to known LEP applicants.
PHA will remove names of applicants:
• That do not respond to a written request for information or updates; or • If correspondence to the applicant if returned by the Postal Service for any reason.
• That have become a participant in any of the PHA’s programs.
In these instances, the PHA is not required to make any further effort to contact the applicant. An informal review is not required to be offered.
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PART III: SELECTION FOR SECTION 8 HCV ASSISTANCE
4-III.A. OVERVIEW
As vouchers become available, applicants on the waitlist must be selected for assistance in accordance with the policies described in this part.
The order in which applicants are selected from the waitlist depends on the selection method chosen by the PHA and is impacted in part by any selection preferences for which the applicant qualifies. The availability of targeted funding may affect the order in which applicants are selected from the waitlist.
The PHA must maintain a clear record of all information required to verify that the applicant is selected from the waitlist according to the PHA’s selection policies [24 CFR 982.204(b) and 982.207(e)].
4-III.B. SELECTION AND SECTION 8 HCV FUNDING SOURCES
Special Admissions (non-waitlist) [24 CFR 982.203]
HUD may award funding for specifically-named households living in specified types of units (e.g., a household that is displaced by demolition of public housing; a non-purchasing household residing in a HOPE 1 or 2 projects; or a household potentially displaced because of mortgage prepayment; or HUD 811, 202, or 236 where an existing project is to convert to market). In these cases, the PHA may admit such households whether or not they are on the waitlist, and, if they are on the waitlist, without considering the household’s position on the waitlist. These households are considered non-waitlist selections. The PHA must maintain records showing that such households were admitted with special program funding.
Targeted Funding [24 CFR 982.204(e)]
HUD may award a PHA funding for a specified category of households on the waitlist. The PHA must use this funding only to assist the households within the specified category. In order to assist households within a targeted funding category, the PHA may skip households that do not qualify within the targeted funding category. Within this category of households, the order in which such households 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:
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• Continuum of Care (see Chapter 19 for waitlist selection policies) and HOME programs (see Chapter 20 for waitlist selection policies).
Project-Based Targeting
The PHA may offer additional preferences for the project-based Section 8 program (PBV) or for particular PBV projects or units. Applicants for these programs must meet additional, specific eligibility requirements. In order to assist these applicants, the PHA may skip applicants that do not qualify.
(Please refer to Chapter 17 for additional details on Project-Based Vouchers) 4-III.C. SELECTION METHOD
PHAs must describe the method for selecting applicants from the waitlist, 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 applicants 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 in order listed:
Tier 1 Preferences:
• Displaced: Involuntarily displaced applicants are applicants who have or will (within 12 months from the date of verification) be required to vacate housing in the City of Santa Monica as a result of:
A disaster (fire, flood, earthquake, civil disturbance, etc.) that occurred through no fault of the applicant;
Displacement from another federal housing program for reasons beyond their control or because they did not participate in a home ownership program;
Domestic Violence. Victims of domestic violence/familial abuse, sexual assault, or stalking, who have been displaced in the City of Santa Monica as a result of the victimization. Supporting
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documentation shall be in accordance with the guidelines in Chapter 16 Section XI. D of this Plan;
Federal, state or local government action related to code enforcement, public improvement or development;
An eviction pursuant to the Ellis Act or Civil Code section 798.56(g) of the Mobile Home Residency Law;
Owner/relative occupancy evictions from rent controlled units under Section 1806(a)(8) of the Santa Monica Rent Control Amendment and under Santa Monica City Charter, Article XVIII, Section 2304(c)(8); or Owner-occupancy decontrol of a unit in their duplex or triplex that results in the tenant paying more than 40% of their gross annual income toward rent.
In order to receive the displaced preference, applicants who have been displaced in the previous 12-month period must not be living in “standard, permanent replacement housing”.
Standard, permanent replacement housing is defined as housing that is decent, safe and sanitary (according to HUD HQS), that is adequate for the household size (according to HUD HQS) and that the household is occupying pursuant to a lease or occupancy agreement. Minor HQS violations that are few in a number do not disqualify replacement housing. Standard replacement housing does not include transient facilities, hotels, motels, or temporary shelters.
• Households who receive a displaced preference, who have had an actual loss of their unit, will be given highest preference. For example, households who have been physically displaced from their unit as the result of a non-tenant caused fire or flood will be given the highest preference. Funding shortfalls: Applicants that have been terminated from the PHA’s Section 8 HCV program due to insufficient program funding and are at greatest risk of homelessness.
CoC and supportive housing graduates: The PHA may prioritize a limited number of Section 8 HCV program vouchers for Continuum of Care program participants (“CoC graduates”) or tenants residing in City-funded supportive housing properties in Santa Monica (“supportive housing graduates”) who are stable and no longer require service participation to prevent them from recycling into homelessness. This will allow the community to serve more homeless applicants and better utilize services for those most in need. The PHA shall limit the current number of households eligible for this preference to 25 annually. Tier 1 households who qualify for the displaced or funding shortfalls preferences will have priority over CoC graduates and supportive housing graduates.
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The wait list for Tier 1 applicants shall always remain open.
Tier 2 Preferences:
• Live: Applicants who live in rent-controlled apartments in Santa Monica and pay more than 40% of their gross annual income toward rent.
• Work:
o Applicants who work a minimum of 25 hours per week in Santa Monica. (Applicants who work for a temporary
agency do not qualify for preference if they are on a
temporary assignment.)
o Applicants who are residents of Santa Monica and work a minimum of 25 hours per week outside of Santa Monica.
o Applicants who were immediately previously in the Santa Monica workforce but are now receiving unemployment,
worker’s compensation, vocational rehabilitation benefits, disability benefits, or retirement benefits from a Santa Monica employer.
o Applicants who are in a job training program in Santa Monica, subject to the PHA’s approval.
Tier 3:
• Applicants who are residents of Santa Monica and do not meet the live or work criteria for Tier 2. (Chronically homeless applicants on the Santa Monica Service Registry are considered residents of Santa Monica).
Tier 4:
Applicants who do not qualify for the Tier 1 – 3 preferences.
Order of Selection Within Tiers
The PHA system of preferences may select households 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 household at the top of the waitlist, it is not permitted to skip down the waitlist to a household that it can afford to subsidize when there are not sufficient funds to subsidize the household at the top of the waitlist [24 CFR 982.204(d) and (e)].
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PHA Policy
• Applicants will be selected from the waitlists 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 (i.e., Tier), applicants will be selected on a first-come, first-served basis according to the date and time their complete application is received by the PHA.
• Preference Denial: If the PHA denies an applicant’s preference claim, the PHA shall return the applicant to the waitlist and will notify the applicant in writing of the reasons for the denial. If the applicant fraudulently claimed the preference (i.e., by falsifying documents), the application is denied and removed from the waitlist. The notice shall advise the applicant of their right to contest denial of preference (informal review).
Income Targeting Requirement [24 CFR 982.201(b)(2)]
HUD requires that extremely low-income (ELI) households make up at least 75% of the households admitted to the Section 8 HCV program during the PHA’s fiscal year. ELI households are those with annual incomes at or below 30% of the area median income. To ensure this requirement is met, a PHA may skip non-ELI households on the waitlist in order to select an ELI household.
Low income households 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 households 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 households will be selected ahead of other eligible households on an as-needed basis to ensure the income-targeting requirement is met. 4-III.D. NOTIFICATION OF SELECTION
When a household has been selected from the waitlist, the PHA must notify the household [24 CFR 982.554(a)].
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PHA Policy
The PHA will notify the applicant when selected from the waitlist. Applicants must complete an application and provide all required documentation by the date specified, or the applicant will be removed from the waitlist.
After two documented attempts to notify the applicant without response, the applicant will be removed from the waitlist. In accordance with PHA’s LEP Plan, the PHA will include a translated statement for LEP applicants in the selection notification packet; this statement will notify LEP applicants of the availability of translated materials and additional language assistance.
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 household until all SSN documentation requirements are met. However, if the PHA determines that an applicant household is otherwise eligible to participate in the program, the household may retain its place on the waitlist for a period of time determined by the PHA [Notice PIH 2012-10, Final Streamlining Rule; See Chapter 7 for PHA’s Verification Policies]
Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability.
PHA Policy
Households selected from the waitlist are required to participate in an eligibility interview.
All adult household members are required to attend the interview together. Other household members may be required to attend the interview if it is necessary to make an eligibility determination.
The adult household members must provide acceptable documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If any adult household member does not provide the required documentation at the time of the interview, they will be required to provide it within 10 business days.
Pending disclosure and documentation of social security numbers, the PHA will allow the household to retain its place on the waitlist for three months. If all household
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members have not disclosed their SSNs at the next time the PHA is issuing vouchers, the PHA will issue a voucher to the next eligible applicant on the waitlist.
The household must provide the information necessary to establish the household’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 household with a written list of items that must be submitted.
Any required documents or information that the household is unable to provide at the interview must be provided within five business days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of eligible noncitizen status). If the household is unable to obtain the information or materials within the required time frame, an extension may be granted depending upon the circumstances. If the required documents and information are not provided within the required time frame (plus any extensions), the household will be sent a notice of denial (See Chapter 3).
Per the PHA’s LEP Policy (see Chapter 2, Part III LEP for more information), an advocate, interpreter, or other assistant may assist the household with the application and the interview process. No minor children will be permitted to act as an interpreter for these interviews.
Interviews will be conducted in English. For LEP applicants, the PHA will provide interpretation services free of charge in accordance with the PHA’s LEP plan.
During the interview process, the PHA will also provide translated copies of any documents considered to be “vital documents” in accordance with the PHA LEP Plan.
If the household is unable to attend a scheduled interview, the household should contact the PHA in advance of the interview to reschedule a new appointment.
Applicants who fail to attend the scheduled interview without PHA approval will be denied assistance based on the household’s failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3.
4-III.F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the household (see Chapter 7). Based on verified information, the PHA must make a final determination of eligibility (see Chapter 3) and must confirm that the household qualified for any special admission, targeted funding, or selection preference that affected the order in which the household was selected from the waitlist.
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PHA Policy
If the PHA determines that the household 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 household of its right to request an informal review (Chapter 16). Additional documentation to be considered by the PHA must be provided by applicant at the time of request for the informal review.
If a household fails to qualify for any criteria that affected the order in which it was selected from the waitlist (e.g. targeted funding, extremely low-income), the household will be returned to the waitlist. The PHA will notify the household in writing that it has been returned to the waitlist and will specify the reasons for it. If the applicant made fraudulent claims (i.e., by falsifying documents), they will be removed from the waitlist.
In accordance with the PHA’s LEP Plan, a translated version of the notice of ineligibility, and/or notification of the availability of other appropriate language assistance regarding the notice, will be provided to LEP applicants.
If the PHA determines that the household is eligible to receive assistance, the PHA will invite the applicant and all household members to attend a briefing in accordance with the policies in Chapter 5.
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EXHIBIT 4-1: PHA’S SECTION 8 HCV WAITLIST & HIERARCHY OF PREFERENCES The below table is a summary; please see section 4-III.C. SELECTION METHOD for more detailed information on each preference.
TIER PREFERENCES POINT VALUE
One Displaced Preference:
• An involuntarily displaced household who has or will be required to vacate housing in the City of Santa Monica
5 One Funding Shortfalls Preference:
• An eligible household that was previously terminated
from a PHA program due to insufficient program funding
4 One Continuum of Care (CoC) Graduate or Supportive Housing Graduate Preference:
• CoC graduates or tenants residing in City-funded
supportive housing properties in Santa Monica who are
stable and no longer require service participation to
prevent them from recycling into homelessness. The PHA
shall limit the current number of households eligible for this preference to 25 annually.
3 Two
• Live Preference: Applicants who live in rent-controlled apartments in Santa Monica and pay more than 40% of
their gross annual income toward rent.
• Work Preference: Applicants who work a minimum of 25
hours per week in Santa Monica (Applicants who work
for a temporary agency do not qualify for preference if they are on a temporary assignment.)
• Applicants who are residents of Santa Monica and work a minimum of 25 hours per week outside of Santa Monica.
• Applicants who were immediately previously in the
Santa Monica workforce but are now receiving
unemployment, worker’s compensation, vocational
rehabilitation benefits, disability benefits or retirement benefits from a Santa Monica employer.
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• Applicants who are in a job training program in Santa Monica, subject to the PHA’s approval.
Three
Applicants who are residents of Santa Monica and do not meet the live or work criteria for Tier 2.
1 Four
Applicants who do not qualify for the Tier 1 – 3 preferences. 0 The numerical point values indicated in the table above reflect the priorities among Tiers 1 – 4.
Households can meet the criteria for only one of the point values.
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Packet Pg. 472 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public © Copyright 2021 Nan McKay & Associates, Inc.
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