Santa Monica City Council
April 12, 2022

17-IV.D. COMPLETION OF HOUSING
The Agreement must specify the deadlines for completion of the housing, and the owner must develop and complete the housing in accordance with these deadlines. The Agreement must also specify the deadline for submission by the owner of the required evidence of completion.

Evidence of Completion [24 CFR 983.155(b)]
At a minimum, the owner must submit the following evidence of completion to the PHA in the form and manner required by the PHA:
• Owner certification that the work has been completed in accordance with HQS and all requirements of the Agreement; and
• Owner certification that the owner has complied with labor standards and equal opportunity requirements in development of the housing.

At the PHA’s discretion, the Agreement may specify additional documentation that must be submitted by the owner as evidence of housing completion.

PHA Policy
The PHA will determine the need for the owner to submit additional documentation as evidence of housing completion on a case-by-case basis depending on the nature of the PBV project. The PHA will specify any additional documentation requirements in the Agreement to enter into contract.

PHA Acceptance of Completed Units [24 CFR 983.156]
Upon notice from the owner that the housing is completed, the PHA must inspect to determine if the housing has been completed in accordance with the Agreement, including compliance with HQS and any additional requirements imposed under the Agreement. The PHA must also determine if the owner has submitted all required evidence of completion.

If the work has not been completed in accordance with the Agreement, the PHA must not enter into contract.

If the PHA determines the work has been completed in accordance with the Agreement and that the owner has submitted all required evidence of completion, the PHA must submit the contract for execution by the owner and must then execute the contract.

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PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)
17-V.A. OVERVIEW
The PHA must enter into a contract with an owner for units that are receiving PBV assistance. The purpose of the contract is to provide housing assistance payments for eligible households. Housing assistance is paid for contract units leased and occupied by eligible households during the contract term.

The contract must be in the form required by HUD [24 CFR 983.202]. 17-V.B. HAP CONTRACT REQUIREMENTS
Contract Information [24 CFR 983.203]
The contract must specify the following information:
• The total number of contract units by number of bedrooms; • The project’s name, street address, city or county, state and zip code, block and lot number (if known), and any other information necessary to clearly identify the site and the building; • The number of contract units in each building, the location of each contract unit, the area of each contract unit, and the number of bedrooms and bathrooms in each contract unit; • Services, maintenance, and equipment to be supplied by the owner and included in the rent to owner;
• Utilities available to the contract units, including a specification of utility services to be paid by the owner (included in rent) and utility services to be paid by the tenant; • Features provided to comply with program accessibility requirements of Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8; • The contract term;
• The number of units in any project that will exceed the 25 percent per project cap, which will be setaside for occupancy by qualifying households; and • The initial rent to owner for the first 12 months of the contract term.

Execution of the HAP Contract [24 CFR 983.204]
The PHA may not enter into a contract until each contract unit has been inspected and the PHA has determined that the unit complies with the Housing Quality Standards (HQS), unless the PHA has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only non-life-threatening conditions. For existing housing, the contract must be executed promptly after the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated housing the contract must be executed after the PHA has inspected the completed units and has determined that the units have been completed in accordance with the agreement to enter into the contract, and the owner furnishes all required evidence of completion.

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For rehabilitated or newly constructed housing, the contract will be executed within 10 business days of the PHA determining that the units have been completed in accordance with the agreement to enter into contract, all units meet HQS, and the owner has submitted all required evidence of completion.

Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice of PIH 2017-21] The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no more than 20 years.

PHA Policy
The term of all PBV contracts will be negotiated with the owner on a case-by-case basis.

At any time before expiration of the contract, the PHA may extend the term of the contract for an additional term of up to 20 years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income households. Subsequent extensions are subject to the same limitations. All extensions must be on the form and subject to the conditions prescribed by HUD at the time of the extension.

PHA Policy
When determining whether or not to extend an expiring PBV contract, the PHA will consider several factors including, but not limited to:

The cost of extending the contract and the amount of available budget authority; The condition of the contract units;
The owner’s record of compliance with obligations under the contract and lease(s); Whether the location of the units continues to support the goals of deconcentrating poverty and expanding housing opportunities; and
Whether the funding could be used more appropriately for tenant-based assistance.

Termination by PHA [24 CFR 983.205(c) and FR Notice 1/18/17] The contract must provide that the term of the PHA’s contractual commitment is subject to the availability of sufficient appropriated funding as determined by HUD or by the PHA in accordance with HUD instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding under the ACC from such appropriations, to make full payment of housing assistance payments payable to the owner for any contract year in accordance with the terms of the contract.

In times of insufficient funding, HUD requires that PHAs first take all cost-saving measures prior to failing to make payments under existing PBV HAP contracts.

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If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the contract, the PHA may terminate the contract by notice to the owner. The termination must be implemented in accordance with HUD instructions.

Termination by Owner [24 CFR 983.205(d)]
If in accordance with program requirements the amount of rent to an owner for any contract unit is reduced below the amount of the rent to owner at the beginning of the contract term, the owner may terminate the contract by giving notice to the PHA. In this case, households living in the contract units must be offered tenant-based assistance.

Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206, FR Notice 1/18/17, and Notice of PIH 2017-21]
Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit the tenants in assisted units to remain in their units for the required notice period with no increase in the tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give tenants one-year advance notice under such terms as HUD may require.

Upon termination or expiration of the contract, a household living at the property is entitled to receive a tenant-based voucher. Tenant-based assistance would not begin until the owner’s required notice period ends. The PHA must provide the household with a voucher and the household must also be given the option by the PHA and owner to remain in their unit with HCV tenant-based assistance as long as the unit complies with inspection and rent reasonableness requirements. The household must pay their total tenant payment (TTP) and any additional amount if the gross rent exceeds the applicable payment standard. The household has the right to remain in the project as long as the units are used for rental housing and are otherwise eligible for HCV assistance. The owner may not terminate the tenancy of a household that exercises its right to remain except for serious or repeated lease violations or other good cause. Households that receive a tenant-based voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA HCV tenant-based program and are not subject to income eligibility requirements or any other admission requirements. If the household chooses to remain in their unit with tenant-based assistance, the household may do so regardless of whether the household share would initially exceed 40 percent of the household’s adjusted monthly income.

Remedies for HQS Violations [24 CFR 983.207(b)]
The PHA may not make any payment to the owner for a contract unit during any period in which the unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the PHA may exercise any of its remedies under the contract, for any or all of the contract units. Available remedies include termination of housing assistance payments, abatement or reduction of housing assistance payments, reduction of contract units, and termination of the contract.

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PHA Policy
The PHA will abate and terminate PBV contracts for non-compliance with HQS in accordance with the policies used in the tenant-based voucher program. These policies are contained in Section 8- II.G., Enforcing Owner Compliance.
17-V.C. AMENDMENTS TO THE HAP CONTRACT
Substitution of Contract Units [24 CFR 983.206(a)]
At the PHA’s discretion and subject to all PBV requirements, the contract may be amended to substitute a different unit with the same number of bedrooms in the same building for a previously covered contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and determine the reasonable rent for the unit.

Addition of Contract Units [FR Notice 1/18/17 and Notice of PIH 2017-21] The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that already have a HAP contract without having to fulfill the selection requirements found at 24 CFR 983.51(b) for those additional PBV units, regardless of when the HAP contract was signed. The additional PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to attaching additional units without competition, the PHA must submit to the local field office information outlined in FR Notice 1/18/17. The PHA must also detail in the Administrative Plan their intent to add PBV units and the rationale for adding units to the specific PBV project.

PHA Policy
The PHA will add units to the contract on a case-by-case basis to ensure the availability of affordable housing as long as the addition of units does not exceed allowable project caps The PHA will consider adding units to the HAP contract when the PHA determines that additional housing is needed to serve eligible low-income households. Circumstances may include, but are not limited to:

The local housing inventory is reduced due to a disaster (either due to loss of housing units, or an influx of displaced households); and
Voucher holders are having difficulty finding units that meet program requirements such as units with mobility or hearing/visual features.

Additional housing units have become available within the development.

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Packet Pg. 861 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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17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR 983.206(C) AND 983.302(E)]
The contract year is the period of 12 calendar months preceding each annual anniversary of the contract during the contract term. The initial contract year is calculated from the first day of the first calendar month of the contract term.

The annual anniversary of the contract is the first day of the first calendar month after the end of the preceding contract year.

There is a single annual anniversary and expiration date for all units under a particular contract, even in cases where contract units are placed under the contract in stages (on different dates) or units are added by amendment. The anniversary and expiration dates for all units coincide with the dates for the contract units that were originally placed under contract. 17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP CONTRACT [24 CFR 983.209] When the owner executes the contract s/he certifies that at such execution and at all times during the term of the contract:
• All contract units are in good condition and the owner is maintaining the premises and contract units in accordance with HQS;
• The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP contract and the leases;
• Each contract unit for which the owner is receiving HAP, is leased to an eligible household referred by the PHA, and the lease is in accordance with the contract and HUD requirements; • To the best of the owner’s knowledge the household resides in the contract unit for which the owner is receiving HAP, and the unit is the household’s only residence; • The owner (including a principal or other interested party) is not the spouse, parent, child, grandparent, grandchild, sister, or brother of any member of a household residing in a contract unit; • The amount of the HAP the owner is receiving is correct under the contract; • The rent for contract units does not exceed rents charged by the owner for comparable unassisted units;
• Except for HAP and tenant rent, the owner has not received and will not receive any other payment or consideration for rental of the contract unit; and
• The household does not own or have any interest in the contract unit.

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Packet Pg. 862 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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17-V.F. ADDITIONAL HAP REQUIREMENTS
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.207(a)] The owner is required to maintain and operate the contract units and premises in accordance with HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance, equipment, and utilities specified in the contract with the PHA and in the lease with each assisted household. In addition, maintenance, replacement and redecoration must be in accordance with the standard practice for the building as established by the owner.

The PHA may elect to establish additional requirements for quality, architecture, or design of PBV housing. Any such additional requirements must be specified in the Agreement to enter into a contract and the contract. These requirements must be in addition to, not in place of, compliance with HQS.

PHA Policy
The PHA will identify the need for any special features on a case-by-case basis depending on the intended occupancy of the PBV project. The PHA will specify any special design standards or additional requirements in the invitation for PBV proposals, the agreement to enter into contract.

Vacancy Payments [24 CFR 983.352(b)]
At the discretion of the PHA, the contract may provide for vacancy payments to the owner for a PHAdetermined period of vacancy extending from the beginning of the first calendar month after the moveout month for a period not exceeding two full months following the move-out month. The amount of the vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant’s security deposit).

PHA Policy
The PHA will decide on a case-by-case basis if the PHA will provide vacancy payments to the owner. The contract with the owner will contain any such agreement, including the amount of the vacancy payment and the period for which the owner will qualify for these payments.

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Packet Pg. 863 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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PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS
17-VI.A. OVERVIEW
Many of the provisions of the tenant-based voucher regulations [24 CFR 982] also apply to the PBV program. This includes requirements related to determining eligibility and selecting applicants from the waitlist. Even with these similarities, there are requirements that are unique to the PBV program. This part describes the requirements and policies related to eligibility and admission to the PBV program. 17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(A) AND (B)] The PHA may select households for the PBV program from those who are participants in the PHA’s tenant-based voucher program and from those who have applied for admission to the voucher program.

For voucher participants, eligibility was determined at original admission to the voucher program and does not need to be redetermined at the commencement of PBV assistance. For all others, eligibility for admission must be determined at the commencement of PBV assistance.

Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenantbased voucher program and any building specific targeting requirements. Applicants must qualify as a household as defined by HUD and the PHA, have income at or below HUD-specified income limits, and qualify on the basis of citizenship or the eligible immigration status of household members [24 CFR 982.201(a) and 24 CFR 983.2(a)]. In addition, an applicant household must provide social security information for household members [24 CFR 5.216 and 5.218] and consent to the PHA’s collection and use of household information regarding income, expenses, and household composition [24 CFR 5.230].

An applicant household must also meet HUD requirements related to current or past criminal activity.

PHA Policy
The PHA will determine an applicant household’s eligibility for the PBV program in accordance with the policies in Chapter 3.

In-Place Households [24 CFR 983.251(b)]
An eligible household residing in a proposed PBV contract unit on the date the proposal is selected by the PHA is considered an “in-place household.” These households are afforded protection from displacement under the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation) is occupied by an eligible household on the date the proposal is selected, the inplace household must be placed on the PHA’s waitlist. Once the household’s continued eligibility is determined (the PHA may deny assistance to an in-place household for the grounds specified in 24 CFR 982.552 and 982.553), the household must be given an absolute selection preference and the PHA must refer these households to the project owner for an appropriately sized PBV unit in the project. Admission of eligible in-place households is not subject to income targeting requirements.

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This regulatory protection from displacement does not apply to households that are not eligible to participate in the program on the proposal selection date. 17-VI.C. ORGANIZATION OF THE WAITLIST [24 CFR 983.251(C)] The PHA may establish a separate waitlist for PBV units or it may use the same waitlist for both Section 8 HCV tenant-based and project-based assistance. The PHA may also merge the PBV waitlist with a waitlist for other assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waitlist for PBV assistance, the PHA must offer to place applicants who are listed on the tenant-based waitlist on the waitlist for PBV assistance.

If a PHA decides to establish a separate PBV waitlist, the PHA may use a single waitlist for the PHA’s whole PBV program, or it may establish separate waitlists for PBV units in particular projects or buildings or for sets of such units.

PHA Policy
The PHA will maintain multiple PBV waitlists.

Applications to be Placed on PBV Waitlist(s)
To be placed on a PBV waitlist, applicants must go to www.waitlistcheck.com and complete and submit the application in order to be accepted by the PHA for processing.

Applicants must select all PBV waitlists that they wish to be placed on. Applicants must meet all requirements for each waitlist to be considered (see Eligibility and Placement on the Waitlist(s)). All required information must be filled out for the PHA to accept the application(s). Incomplete applications will not be accepted.

Purging the PBV Waitlist(s)
The PHA will periodically purge the waitlists. See Administrative Plan 4-II.F, pages 4-7.

Removal from the Waitlist(s)
See Administrative Plan 4-II.F, pages 4-7 and 4-8.

Eligibility and Placement on the Waitlist(s)
Applicants to a PBV waitlist are required to meet criteria specific to the PBV site. Some PBV sites have specific restrictions, such as being limited to seniors, supportive housing graduates, or transitional age youth. Applicants who do not meet the PBV site requirements are not eligible to be placed on the waitlist. To see the eligibility requirements for the current PBV sites, go to www.waitlistcheck.com.

Eligible applicants will be placed on the PBV waitlist(s) according to any preference(s) for which they qualify, and the date and time their complete application is received by the PHA (see Selection Method).

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Applicants will receive instant confirmation of receipt when they complete the online application.

Waitlist Applicants
PBV waitlist status can be checked on waitlistcheck.com. The status of the applications will be available 30 business days after the opening date of the PBV waitlist.

Reporting Changes in Household Circumstances
See Administrative Plan 4-II.E page 4-6
Selection Method
To be eligible for a PBV waitlist, applicants must meet additional, specific eligibility requirements. To see the eligibility requirements for the current PBV sites, go to waitlistcheck.com.

Hierarchy of Preferences and Order of Selection

PREFERENCES POINT VALUE
Displaced Preference:
• An involuntarily displaced applicant who has or will be required to vacate housing in the City of Santa Monica
(See Section 4-III.C. SELECTION METHOD for full
definition of displaced preference)
4 Funding Shortfalls Preference:
• An eligible applicant that was previously terminated from a PHA program due to insufficient program funding
3 Continuum of Care (CoC) 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 (See
Chapter 19 for full definition of CoC and supportive
housing graduates)
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• Live: Applicants who are residents of Santa Monica
• 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 the preference if they are on a temporary
assignment).
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.
1 Date and Time of Application:

Within each targeted funding or preference category,
households will be selected on a first-come, first-served basis according to their PBV waitlist application date and time. 0 The numerical point values indicated in the table above reflect priority households. Households can meet the criteria for only one of the point values.

Notification of Selection
The PHA will notify the applicant when selected from the waitlist. Applicants must provide all required documentation by the date specified, or the applicant will be removed from the waitlist(s). Removal from the PBV waitlist(s) will not affect the applicant’s status on the Section 8 HCV tenant-based waitlist.

See Administrative Plan 4-III.D, E, F, pages 4-15 to 4-17

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17-VI.D. SELECTION FROM THE WAITLIST [24 CFR 983.251(C)] Applicants who will occupy units with PBV assistance must be selected from the PHA’s waitlist. The PHA may establish selection criteria or preferences for occupancy of particular PBV units.

Income Targeting [24 CFR 983.251(c)(6)]
At least 75 percent of the households admitted to the PHA’s tenant-based and project-based voucher programs during the PHA fiscal year from the waitlist must be extremely low-income households. The income targeting requirement applies to the total of admissions to all programs.

Units with Accessibility Features [24 CFR 983.251(c)(7)] When selecting households to occupy PBV units that have special accessibility features for persons with disabilities, the PHA must first refer households who require such features to the owner.

Preferences [24 CFR 983.251(d), FR Notice 11/24/08]
The PHA may use the same selection preferences that are used for the tenant-based voucher program, establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular PBV developments or units. The PHA must provide an absolute selection preference for eligible in-place households as described in Section 17-VI.B. above.

The PHA may establish a selection preference for households who qualify for voluntary services, including disability-specific services, offered in conjunction with assisted units, provided that preference is consistent with the PHA plan. The PHA may not, however, grant a preference to a person with a specific disability [FR Notice 1/18/17].

In advertising such a project, the owner may advertise the project as offering services for a particular disability; however, the project must be open to all otherwise eligible disabled persons who may benefit from services provided in the project. In these projects, disabled residents may not be required to accept the particular services offered as a condition of occupancy.

If the PHA has projects with “excepted units” for elderly households or supportive services, the PHA must give preference to such households when referring households to these units [24 CFR 983.261(b); FR Notice 1/18/17].

PHA Policy
The PHA will provide a selection preference when required by the regulation (e.g., eligible inplace households, elderly households or units with supportive services, or mobility impaired persons for accessible units). The PHA may offer additional preferences for particular projects or units.

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17-VI.E. OFFER OF PBV ASSISTANCE
Refusal of Offer [24 CFR 983.251(e)(3)]
The PHA is prohibited from taking any of the following actions against a household who has applied for, received, or refused an offer of PBV assistance:
• Refuse to list the applicant on the waitlist for tenant-based voucher assistance; • Deny any admission preference for which the applicant qualifies; • Change the applicant’s place on the waitlist based on preference, date, and time of application, or other factors affecting selection under the PHA’s selection policy; • Remove the applicant from the tenant-based voucher waitlist.

Disapproval by Landlord [24 CFR 983.251(e)(2)]
If a PBV owner rejects a household for admission to the owner’s units, such rejection may not affect the household’s position on the tenant-based voucher waitlist.

Acceptance of Offer [24 CFR 983.252]
Household Briefing
When a household accepts an offer for PBV assistance, the PHA must give the household an oral briefing.

The briefing must include information on how the program works and the responsibilities of the household and owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA determines the total tenant payment for a household, the household obligations under the program, and applicable fair housing information.

Persons with Disabilities
If an applicant household’s head or spouse is disabled, the PHA must assure effective communication, in accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must have a mechanism for referring a household that includes a member with mobility impairment to an appropriate accessible PBV unit.

Persons with Limited English Proficiency
The PHA should take reasonable steps to assure meaningful access by persons with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see Chapter 2).

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17-VI.F. OWNER SELECTION OF TENANTS
The owner is responsible for developing written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income households and reasonably related to program eligibility and an applicant’s ability to fulfill their obligations under the lease. An owner must promptly notify in writing any rejected applicant of the grounds for any rejection [24 CFR 983.253(a)(2) and (a)(3)].

Leasing [24 CFR 983.253(a)]
During the term of the contract, the owner must lease contract units to eligible households that are selected and referred by the PHA from the PHA’s waitlist. The contract unit leased to the household must be the appropriate size unit for the size of the household, based on the PHA’s subsidy standards.

Filling Vacancies [24 CFR 983.254(a)]
The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. After receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of households for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to minimize the likelihood and length of any vacancy.

PHA Policy
The owner must notify the PHA in writing (mail, or e-mail) within 5 business days of learning about any vacancy or expected vacancy.

The PHA will make every reasonable effort to refer households to the owner within 10 business days of receiving such notice from the owner.

Reduction in Contract Units Due to Vacancies [24 CFR 983.254(b)] If any contract units have been vacant for 60 or more days since owner notice of the vacancy, the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (according to the bedroom size) that have been vacant for this period.

PHA Policy
If any contract units have been vacant for 60 days, the PHA will give notice to the owner that the contract may be amended to reduce the number of contract units that have been vacant for this period. The PHA will provide the notice to the owner within 10 business days of the 60th day of the vacancy. The amendment to the contract will be effective the 1st day of the month following the date of the PHA’s notice.

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17-VI.G. TENANT SCREENING [24 CFR 983.255]
PHA Responsibility
The PHA is not responsible or liable to the owner or any other person for the household’s behavior or suitability for tenancy. However, the PHA may opt to screen applicants for household behavior or suitability for tenancy and may deny applicants based on such screening.

PHA Policy
The PHA will not conduct screening to determine if applicant household’s is suitable for tenancy.

The PHA must provide the owner with an applicant household’s current and prior address (as shown in PHA records) and the name and address (if known by the PHA) of the household’s current landlord and any prior landlords.

In addition, the PHA may offer the owner other information the PHA may have about a household, including information about the tenancy history of household members or about drug trafficking and criminal activity by household members. The PHA must provide applicant households a description of the PHA policy on providing information to owners, and the PHA must give the same types of information to all owners.

The PHA may not disclose to the owner any confidential information provided in response to a request for documentation of domestic violence, dating violence, sexual assault, 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 turnover HQS inspection or before. The PHA will not provide any additional information to the owner, such as tenancy history, criminal history, etc.

Owner Responsibility
The owner is responsible for screening and selection of the household to occupy the owner’s unit. When screening households the owner may consider a household’s background with respect to the following factors:
• Payment of rent and utility bills;
• Caring for a unit and premises;
• Respecting the rights of other residents to the peaceful enjoyment of their housing; • Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property of others; and
• Compliance with other essential conditions of tenancy.

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PART VII: OCCUPANCY
17-VII.A. OVERVIEW
After an applicant has been selected from the waitlist, determined eligible by the PHA, referred to an owner and determined suitable by the owner, the household will sign the lease and occupancy of the unit will begin.
17-VII.B. LEASE [24 CFR 983.256]
The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner.

Form of Lease [24 CFR 983.256(b)]
The tenant and the owner must enter into a written lease agreement that is signed by both parties. If an owner uses a standard lease form for rental units to unassisted tenants in the locality or premises, the same lease must be used for assisted tenants, except that the lease must include a HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD.

If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use another form of lease, such as a PHA model lease.

The PHA may review the owner’s lease form to determine if the lease complies with state and local law.

If the PHA determines that the lease does not comply with state or local law, the PHA may decline to approve the tenancy.

PHA Policy
The PHA may review the owner’s lease for compliance with state or local law.

Lease Requirements [24 CFR 983.256(c)]
The lease for a PBV unit must specify all of the following information:
• The names of the owner and the tenant;
• The unit rented (address, apartment number, if any, and any other information needed to identify the leased contract unit);
• The term of the lease (initial term and any provision for renewal); • The amount of the tenant rent to owner, which is subject to change during the term of the lease in accordance with HUD requirements;

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• A specification of the services, maintenance, equipment, and utilities that will be provide by the owner; and
• The amount of any charges for food, furniture, or supportive services.

Tenancy Addendum [24 CFR 983.256(d)]
The tenancy addendum in the lease must state:
• The program tenancy requirements;
• The composition of the household as approved by the PHA (the names of household members and any PHA-approved live-in aide);
• All provisions in the HUD-required tenancy addendum must be included in the lease. The terms of the tenancy addendum prevail over other provisions of the lease.

Initial Term and Lease Renewal [24 CFR 983.256(f) and 983.257(b)] The initial lease term must be for at least one year. Upon expiration of the lease, an owner may renew the lease, refuse to renew the lease for “good cause,” or refuse to renew the lease without good cause.

If the owner refuses to renew the lease without good cause, the PHA must provide the household with a tenant-based voucher and remove the unit from a PBV contract.

Changes in the Lease [24 CFR 983.256(e)]
If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner must immediately give the PHA a copy of all changes.

The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation of tenant and owner responsibilities for utilities. Such changes may only be made if approved by the PHA and in accordance with the terms of the lease relating to its amendment. The PHA must redetermine reasonable rent, in accordance with program requirements, based on any change in the allocation of the responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be used in calculation of the rent to owner from the effective date of the change.

Owner Termination of Tenancy [24 CFR 983.257]
With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may in the tenant-based voucher program (see Section 12-III.B. and 24 CFR 982.310). In the PBV program, terminating tenancy for “good cause” does not include doing so for a business or economic reason, or a desire to use the unit for personal or household use or other non-residential purpose.

Tenant Absence from the Unit [24 CFR 983.256(g) and 982.312(a)] The owner may specify in the lease a maximum period of tenant absence from the unit that is shorter than the maximum period permitted by PHA policy. According to program requirements, the

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household’s assistance must be terminated if tenants are absent from the unit for more than 90 consecutive days. Exceptions may be made for medical reasons, in-patient substance treatment, hospitalizations, household care for medical reasons, reserve or active military leave, domestic violence, or with the request of a reasonable accommodation.

Security Deposits [24 CFR 983.258]
The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants.

PHA Policy
The PHA will allow the owner to collect a security deposit in the amount the owner determines is appropriate and which is consistent with state regulations.

When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease.

The owner must give the tenant a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly refund the full amount of the balance to the tenant.

If the security deposit does not cover the amount owed by the tenant under the lease, the owner may seek to collect the balance from the tenant. The PHA has no liability or responsibility for payment of any amount owed by the household to the owner.
17-VII.C. MOVES
Overcrowded, Under-Occupied, and Accessible Units [24 CFR 983.259] If the PHA determines that a household is occupying a wrong size unit, based on the PHA’s subsidy standards, or a unit with accessibility features that the household does not require, and the unit is needed by a household that does require the features, the PHA must promptly notify the household and the owner of this determination, and the PHA must offer the household the opportunity to receive continued housing assistance in another unit.

PHA Policy
The PHA will notify the household and the owner of the household’s need to move based on the occupancy of a wrong-size or accessible unit within 10 business days of the PHA’s determination.

The PHA will offer the household the following types of continued assistance in the following order, based on the availability of assistance:

PBV assistance in the same building or project;
PBV assistance in another project; and

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Tenant-based voucher assistance.

If the PHA offers the household a tenant-based voucher, the PHA must terminate the housing assistance payments for a wrong-sized or accessible unit at expiration of the term of the household’s voucher (including any extension granted by the PHA).

If the PHA offers the household another form of assistance that is not a tenant-based voucher, and the household does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by the PHA, or both, the PHA must terminate the housing assistance payments for the unit at the expiration of a reasonable period as determined by the PHA.

PHA Policy
When the PHA offers a household another form of assistance that is not a tenant-based voucher, the household will be given 30 days from the date of the offer to accept the offer and move out of the PBV unit. If the household does not move out within this 30-day time frame, the PHA will terminate the housing assistance payments at the expiration of this 30-day period.

The PHA may make exceptions to this 30-day period if needed for reasons beyond the household’s control such as death, serious illness, or other medical emergency of a household member.

Household Right to Move [24 CFR 983.260]
The household may terminate the lease at any time after the first year of occupancy. The household must give advance written notice to the owner in accordance with the lease and provide a copy of such notice to the PHA. If the household wishes to move with continued tenant-based assistance, the household must contact the PHA to request the assistance prior to providing notice to terminate the lease.

If the household terminates the lease in accordance with these requirements, the PHA is required to offer the household the opportunity for continued tenant-based assistance, in the form of a voucher or other comparable tenant-based rental assistance. If voucher or other comparable tenant-based assistance is not immediately available upon termination of the household’s lease in the PBV unit, the PHA must give the household priority to receive the next available opportunity for continued tenantbased assistance.

If the household terminates the assisted lease before the end of the first year, the household relinquishes the opportunity for continued tenant-based assistance.

Emergency Transfers under VAWA [Notice PIH 2017-08]
Except where special consideration is needed for the project-based voucher program, the PHA will follow VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4).

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

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

The PHA will first try to transfer the participant to another PBV unit in the same development or transfer to a different development where the PHA has PBV units. The PHA will expedite the administrative processes in this case in an effort to conduct the transfer as quickly as possible.

If no units are available for an internal transfer, or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to either tenant-based rental assistance (HCV) or assistance in the PHA’s public housing program. Such a decision will be made by the PHA based on the availability of tenant-based vouchers and/or vacancies in public housing units. Such households must be selected from the waitlist for the applicable program. The PHA has adopted a waitlist preference for victims of domestic violence, dating violence, sexual assault, and stalking in both its HCV and public housing programs in order to expedite this process. See Section 4-III.C. of this administrative plan.

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

If no units are available for an internal transfer, or if there is reasonable cause to believe that such a transfer would put the victim in jeopardy, the participant may receive continued assistance through an external transfer to the PHA’s public housing program. The PHA has adopted a waitlist preference for victims of domestic violence, dating violence, sexual assault, and stalking as part of the public housing ACOP in order to expedite this process. 17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262, FR NOTICE 1/18/17; NOTICE PIH 2017-21]
As of April 17, 2018, the PHA may not pay housing assistance under a PBV HAP contract for more than the greater of 25 units or 25 percent of the number of dwelling units in a project unless:
• The units are exclusively for elderly households
• The units are for households eligible for supportive services available to all households receiving PBV assistance in the project

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• If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the most recent American Community Survey Five-Year estimates, the project cap is the greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17].

When a household (or remaining members of a household) residing in an excepted unit that no longer meets the criteria for a “qualifying household” because the household is no longer elderly or disabled due to a change in household composition, the PHA has the discretion to allow the household to remain in the expected unit. If the PHA does not exercise this discretion, the household, must vacate the unit within a reasonable period of time established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the non-qualifying household.

Individuals in units with supportive services who choose to no longer participate in a service or who no longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied continued housing opportunity because of this changed circumstance. A PHA or owner cannot determine that a participant’s needs exceed the level of care offered by qualifying services or require that individuals be transitioned to different projects based on service needs.

If the household fails to vacate the unit within the established time, the unit must be removed from the contract unless the project is partially assisted, and it is possible for the contract to be amended to substitute a different unit in the building in accordance with program requirements; or the owner terminates the lease and evicts the household. The housing assistance payments for a household residing in an excepted unit that is not in compliance with its household obligations to comply with supportive services requirements must be terminated by the PHA.

The PHA may allow a household that initially qualified for occupancy of an excepted unit based on elderly household status to continue to reside in a unit, where through circumstances beyond the control of the household (e.g., death of the elderly household member or long-term or permanent hospitalization or nursing care), the elderly household member no longer resides in the unit. In this case, the unit may continue to be counted as an excepted unit for as long as the household resides in that unit. Once the household vacates the unit, in order to continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by a qualified household.

PHA Policy
The PHA will allow households who initially qualified to live in an excepted unit to remain when circumstances change due to circumstances beyond the remaining household members’ control.

In all other cases, the PHA will provide written notice to the household and owner within 10 business days of making the determination. The household will be given 120 days from the date of the notice to move out of the PBV unit. If the household does not move out within this 120-day time frame, the PHA will terminate the housing assistance payments at the expiration of this 120- day period.

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The PHA may make exceptions to this 120-day period if needed for reasons beyond the household’s control such as death, serious illness, or other medical emergency of a household member.

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PART VIII: DETERMINING RENT TO OWNER
17-VIII.A. OVERVIEW
The amount of the initial rent to an owner of units receiving PBV assistance is established at the beginning of the contract term. Although for rehabilitated or newly constructed housing, the agreement to enter into contract (Agreement) states the estimated amount of the initial rent to owner, the actual amount of the initial rent to owner is established at the beginning of the contract term.

During the term of the contract, the rent to owner is redetermined at the owner’s request in accordance with program requirements, and at such time that there is a five percent or greater decrease in the published fair market rent.
17-VIII.B. RENT LIMITS [24 CFR 983.301]
Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the following amounts:
• An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (FMR) (or any HUD-approved exception payment standard) for the unit bedroom size minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.

Certain Tax Credit Units [24 CFR 983.301(c), FR Notice 11/24/08] For certain tax credit units, the rent limits are determined differently than for other PBV units. These different limits apply to contract units that meet all of the following criteria:
• The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986; • The contract unit is not located in a qualified census tract; • There are comparable tax credit units of the same bedroom size as the contract unit in the same building, and the comparable tax credit units do not have any form of rental assistance other than the tax credit; and
• The tax credit rent exceeds a PHA-determined amount (not to exceed 110 percent of the FMR or any approved exception payment standard);
For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of:
• The tax credit rent minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.

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However, PHAs are permitted to use the higher Section 8 rent for a tax credit unit if the tax credit rent is less than the amount that would be permitted under Section 8. In these cases, Section 8 rent reasonableness requirements must continue to be met.

Definitions
A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the Census) in which at least 50 percent of households have an income of less than 60 percent of Area Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract is designated as a qualified census tract by HUD.

Tax credit rent is the rent charged for comparable units of the same bedroom size in the building that also receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant-based voucher assistance).

Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR 983.301(f)] When determining the initial rent to owner, the PHA must use the most recently published FMR in effect and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at any time during the 30-day period immediately before the beginning date of the HAP contract, or for redeterminations of rent, the 30-day period immediately before the redetermination date.

Any HUD-approved exception payment standard amount under the tenant-based voucher program also applies to the project-based voucher program. HUD will not approve a different exception payment stand amount for use in the PBV program.

Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program.

The same utility allowance schedule applies to both the tenant-based and project-based voucher programs.

PHA Policy
Upon written request by the owner, the PHA will consider using the FMR or utility allowances in effect during the 30-day period before the start date of the HAP, or redetermination of rent. The owner must explain the need to use the previous FMRs or utility allowances and include documentation in support of the request. The PHA will review and make a decision based on the circumstances and merit of each request.

In addition to considering a written request from an owner, the PHA may decide to use the FMR or utility allowances in effect during the 30-day period before the start date of the contract, or redetermination of rent, if the PHA determines it is necessary due to PHA budgetary constraints.

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Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)]
While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenant-based program under SAFMRs may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this policy, it must apply to all future PBV projects and the PHA’s entire jurisdiction. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy.

Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was made on or before the effective date of PHA implementation, provided the owner is willing to mutually agree to doing so and the application is prospective. The PHA and owner may not subsequently choose to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be effective until the first anniversary of the HAP contract.

PHA Policy
The PHA will not apply SAFMRs to the PHA’s PBV program.

Redetermination of Rent [24 CFR 983.302]
The PHA must redetermine the rent to owner upon the owner’s request or when there is a 10 percent or greater decrease in the published FMR.

Rent Increase
If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the annual anniversary of the contract (see Section 17-V.D.). The request must be in writing and in the form and manner required by the PHA. The PHA may only make rent increases in accordance with the rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g., adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs).

PHA Policy
An owner’s request for a rent increase must be submitted to the PHA 60 days prior to the anniversary date of the contract and must include the new rent amount the owner is proposing.

The PHA may not approve and the owner may not receive any increase of rent to owner until and unless the owner has complied with requirements of the contract, including compliance with HQS. The owner may not receive any retroactive increase of rent for any period of noncompliance.

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Rent Decrease
If there is a decrease in the rent to owner, as established in accordance with program requirements such as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner must be decreased regardless of whether the owner requested a rent adjustment.

Notice of Rent Change
The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner specified in the contract. The adjusted amount of rent to owner applies for the period of 12 calendar months from the annual anniversary of the contract.

PHA Policy
The PHA will provide the owner with at least 30 days written notice of any change in the amount of rent to owner.

PHA-Owned Units [24 CFR 983.301(g)]
For PHA-owned PBV units, the initial rent to owner and the annual redetermination of rent at the anniversary of the contract are determined by the independent entity approved by HUD. The PHA must use the rent to owner established by the independent entity. 17-VIII.C. REASONABLE RENT [24 CFR 983.303]
At the time the initial rent is established and all times during the term of the contract, the rent to owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA.

When Rent Reasonable Determinations Are Required
The PHA must redetermine the reasonable rent for a unit receiving PBV assistance whenever any of the following occur:
• There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract anniversary (for the unit sizes specified in the contract) as compared with the FMR that was in effect one year before the contract anniversary date;
• The PHA approves a change in the allocation of responsibility for utilities between the owner and the tenant;
• The contract is amended to substitute a different contract unit in the same building; or • There is any other change that may substantially affect the reasonable rent.

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

Comparability Analysis
For each unit, the comparability analysis must use at least three comparable units in the private unassisted market. This may include units in the premises or project that is receiving project-based assistance. The analysis must show how the reasonable rent was determined, including major differences between the contract units and comparable unassisted units, and must be retained by the PHA. The comparability analysis may be performed by PHA staff or by another qualified person or entity.

Those who conduct these analyses or are involved in determining the housing assistance payment based on the analyses may not have any direct or indirect interest in the property.

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

Owner Certification of Reasonable Rent
By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not more than rent charged by the owner for other comparable unassisted units in the premises. At any time, the PHA may require the owner to submit information on rents charged by the owner for other units in the premises or elsewhere.
17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL
In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to receive PBV assistance (see Section 17-II.D).

Other Subsidy [24 CFR 983.304]
At its discretion, a PHA may reduce the initial rent to owner because of other governmental subsidies, including grants and other subsidized financing.

For units receiving assistance under the HOME program, rents may not exceed rent limits as required by that program.

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For units in any of the following types of federally subsidized projects, the rent to owner may not exceed the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the applicable federal program:
• An insured or non-insured Section 236 project;
• A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction Payment following a decoupling action;
• A Section 221(d)(3) below market interest rate (BMIR) project; • A Section 515 project of the Rural Housing Service;
• Any other type of federally subsidized project specified by HUD.

Combining Subsidy
Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements.

Rent Control [24 CFR 983.305]
In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be subject to rent control or other limits under local, state, or federal law.

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PART IX: PAYMENTS TO OWNER
17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.351]
During the term of the contract, the PHA must make housing assistance payments to the owner in accordance with the terms of the contract. During the term of the contract, payments must be made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible household. The housing assistance payment must be paid to the owner on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date.

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

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

In order to receive housing assistance payments, the owner must comply with all provisions of the contract. Unless the owner complies with all provisions of the contract, the owner does not have a right to receive housing assistance payments.
17-IX.B. VACANCY PAYMENTS [24 CFR 983.352]
If an assisted household moves out of the unit, the owner may keep the housing assistance payment for the calendar month when the household moves out. However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.

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

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

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• The owner provides any additional information required and requested by the PHA to verify that the owner is entitled to the vacancy payment.

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

PHA Policy
If an owner’s contract calls for vacancy payments to be made, and the owner wishes to receive vacancy payments, the owner must have properly notified the PHA of the vacancy in accordance with the policy in Section 17-VI.F. regarding filling vacancies.

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

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

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

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

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Utility Reimbursements
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of such excess to the tenant as a reimbursement for tenant-paid utilities, and the tenant rent to the owner must be zero.

The PHA may pay the utility reimbursement directly to the household or to the utility supplier on behalf of the household. If the PHA chooses to pay the utility supplier directly, the PHA must notify the household of the amount paid to the utility supplier.

PHA Policy
The PHA will make utility reimbursements to the household. 17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not require the tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for termination of tenancy.

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

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

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CHAPTER 18 : THE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN

INTRODUCTION
This chapter provides an overview of the family self-sufficiency (FSS) program and FSS action plan, including the purpose, organization, and required contents of the FSS action plan.

Part I: The Family Self-Sufficiency (FSS) Program and FSS Action Plan: This part provides an overview of the family self-sufficiency program and the purpose of the FSS action plan.

Part II: Requirements of the FSS Action Plan: This part covers action plan requirements, including development, revision, and contents of the action plan. It also contains information on family demographics, which is part of the required contents of the action plan.

PART I: THE FAMILY SELF-SUFFICIENCY (FSS) PROGRAM

AND FSS ACTION PLAN
18-I.A. OVERVIEW OF THE FAMILY SELF-SUFFICIENCY PROGRAM The origins of the FSS program are in two pilot projects implemented in 1986 and 1990, Project Self-Sufficiency and Operation Bootstrap, respectively. These projects were set up to test selfsufficiency programs for families with housing subsidies, and both demonstrated that families needed essential services in order to move toward economic self-sufficiency. These services include child care, transportation, medical care, and long-term education and training.

In the wake of the successful demonstration of these projects, family self-sufficiency became one of the initiatives under the Homeownership and Housing Opportunities for People Everywhere (HOPE) program enacted in 1990, and the FSS program was subsequently created under the National Affordable Housing Act the same year.

FSS built upon and refined both Project Self-Sufficiency and the bootstrap program. It remained a voluntary program in 1991 and 1992, but became mandatory in 1993 for any new increments of funding issued to PHAs. The 1993 regulations were further modified by the Quality Housing and Work Responsibility Act of 1998 (QHWRA).

The purpose of the FSS program is to coordinate housing assistance with public and private resources to enable assisted families to achieve economic self-sufficiency. The purpose and basic requirements of the FSS program are further elaborated upon in Chapter 2.

This family self-sufficiency program is administered by the Housing Authority for the jurisdiction of City of Santa Monica.

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18-I.B. APPLICABLE REGULATIONS
Applicable regulations for public housing and HCV FSS programs include:
• 24 CFR Part 5: General Program Requirements
• 24 CFR Part 8: Nondiscrimination
• 24 CFR Part 902: Public Housing Assessment System
• 24 CFR Part 903: Public Housing Agency Plans
• 24 CFR Part 945: Designated Housing
• 24 CFR Part 960: Public Housing Admission and Occupancy Policies • 24 CFR Part 965: PHA-Owned or Leased Projects—General Provisions • 24 CFR Part 966: Public Housing Lease and Grievance Procedures • 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program • 24 CFR Part 984: Section 8 and Public Housing Family Self-Sufficiency Program 18-I.C. THE FAMILY SELF-SUFFICIENCY ACTION PLAN
The family self-sufficiency (FSS) action plan is required by HUD. The purpose of the FSS action plan is to establish policies for carrying out the family self-sufficiency program in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s Agency Plan. This FSS action plan is a supporting document to the PHA Agency Plan, and is available for public review as required by 24 CFR Part 903.

This family self-sufficiency action plan is set forth to define the PHA’s local policies for operation of the program in the context of federal laws and regulations. All issues related to FSS not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices, and other applicable laws. The policies in this FSS action plan have been designed to ensure compliance with the consolidated ACC and all HUD-approved applications for program funding.

The PHA is responsible for complying with all changes in HUD regulations pertaining to the FSS program. If such changes conflict with this plan, HUD regulations will take precedence.

Administration of the FSS program and the functions and responsibilities of PHA staff shall be in compliance with the PHA’s personnel policy and HUD’s family self-sufficiency regulations, as well as all public housing and HCV regulations, in addition to federal, state, and local fair housing laws and regulations.

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PART II. REQUIREMENTS OF THE FSS ACTION PLAN
18-II.A. OVERVIEW
A PHA must have a HUD-approved action plan before implementing an FSS program, regardless of whether the FSS program is a mandatory or voluntary program. Further, this action plan must comply with the requirements specified for the plan in the regulations [24 CFR 984.201(a)].

The regulatory requirements dealing specifically with the FSS action plan itself largely involve the development, revision, and required contents of the action plan. This part covers those requirements.
18-II.B. HUD APPROACH TO POLICY DEVELOPMENT
In developing policy for the FSS action plan, PHAs need to be aware of the distinction HUD makes between mandatory and discretionary policies.
• Mandatory policies are those driven by legislation, regulations, current handbooks, notices, and legal opinions.
• Discretionary policies consist of those developed for areas in which the PHA has regulatory discretion, or with regard to optional, nonbinding guidance including guidebooks, notices that have expired, and recommendations from individual HUD staff.

HUD expects PHAs to develop policies and procedures that are consistent with mandatory regulations and to make clear the optional policies the PHA has adopted. The PHA’s FSS action plan is the foundation of those policies and procedures for the FSS program. HUD’s directions require PHAs to make policy choices that provide guidance to staff and consistency to program applicants and participants.

Following HUD guidance, even though it is not mandatory, 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 consider those decisions.
18-II.C. FSS ACTION PLAN DEVELOPMENT AND REVISION
Development of Action Plan [24 CFR 984.201(b) and (c)]
When developing an FSS action plan, a PHA must do so in consultation with the chief executive officer of the applicable unit of general local government and the program coordinating committee (PCC).

In addition, a PHA that is establishing its FSS program must submit an action plan to HUD for approval within 90 days after the PHA receives notice from HUD of approval of the PHA's application for funding that establishes the obligation to operate an FSS program. This deadline is required unless the dates are extended by HUD for good cause.

For voluntary FSS programs, the PHA must submit its action plan and obtain HUD approval of the plan before it can implement the FSS program. This includes a voluntary program

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established because the PHA chose to implement an FSS program that exceeds the minimum size for a mandatory program (see Section 2-II.A. for a discussion of mandatory versus voluntary FSS programs).

Single Action Plan [24 CFR 984.201(f)]
PHAs implementing both a Section 8 FSS program and a public or Indian housing FSS program may submit one action plan. In cases where the PHA decides to submit one plan for more than one program, the policies contained in the action plan would apply to both programs.

PHA Policy
The PHA is implementing an HCV FSS program only and will submit one action plan.

Revision to the FSS Action Plan [24 CFR 984.201(c)(2)]
Following HUD’s initial approval of the action plan, no further approval of the action plan is required unless the PHA proposes to make policy changes to the action plan or increase the size of a voluntary program, or to revise the FSS action plan as needed to comply with changes in HUD regulations. The PHA must submit any changes to the action plan to HUD for approval.

PHA Policy
The PHA will review and update the action plan at least once a year, and more often if needed, to reflect changes in regulations, PHA operations, or when needed to ensure staff consistency in operation.
18-II.D. CONTENTS OF THE PLAN [24CFR 984.201(d)]
HUD regulations state that there are several components that must be included in the FSS action plan. At a minimum, the action plan must cover the policies and procedures of the PHA for operation of a local FSS program as follows:
• Family demographics, including a description of the number, size, characteristics, and other demographics such as racial and ethnic data, in addition to the supportive service needs of the families expected to participate in the program. • Estimate of participating families, which means the number of families which can reasonably be expected to receive supportive services under the FSS program. • Eligible families from any other local self-sufficiency program who are expected to agree to execute an FSS contract of participation.
• A statement of the PHA’s FSS family selection procedures, including a description of how the procedures ensure that families are selected without regard to race, color, religion, disability, sex, familial status, or national origin.
• A description of the incentives that the PHA intends to offer to families to encourage participation in the FSS program (an incentives plan), including the establishment of the escrow account.

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• Outreach efforts, which include a description of the PHA’s efforts to recruit eligible families, the actions the PHA will take to ensure that both minority and nonminority groups are informed about the FSS program, and how the PHA will make this information known.
• A description of the FSS activities and supportive services to be provided by both public and private resources to FSS families, and identification of these public and private resources.
• A description of the PHA’s method for identifying family support needs, including how the PHA will identify the needs and deliver the services.
• A description of the PHA’s policies regarding program termination, withholding of services or terminating or withholding Section 8 assistance on the basis of a family’s failure to comply with the FSS contract, and available grievance procedures. • A description of the PHA’s policies regarding phasing out the program upon the PHA meeting the mandatory minimum program size requirements. • Assurances of noninterference with rights of non-participating families which state that a family’s election to not participate in the FSS program will not affect the family’s admission to the public housing or HCV program, nor will it affect their right to occupancy in accordance with its lease.
• *Timetable for program implementation, including the schedule for filling FSS slots with eligible families.
• Certification of coordination, which is a certification that the development of services and activities under the FSS program has been coordinated with the Workforce Investment Act (formerly JTPA), Workforce Investment Board and One Stop Centers (formerly JOBS program), and any other relevant employment, child care, transportation, training, and education programs in the applicable area, and that implementation will continue to be coordinated, in order to avoid duplication of services and activities. • Optional additional information, which involves such other information that would help HUD determine the soundness of the PHA’s proposed FSS program. 18-II.E. FAMILY DEMOGRAPHICS [24 CFR 984.201(d)(1)]
As part of the required contents of the FSS action plan, family demographics of the housing choice voucher program participants serve to provide a description of the number, size, characteristics, and other descriptive data (including racial and ethnic data of those participants). These data may later be used to help the housing authority and the program coordinating committee (PCC) to identify supportive service needs of the families expected to participate in the FSS program.

The racial and ethnic make-up of the FSS program will reflect that of the PHA’s HCV program population. Most participants will be primarily (69%) female heads of households with or without children 48% White, 25% African American, 24% Latino, 1.1% Asian/Pacific Islander, .2

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% Native American, and 1% mixed ethnicity (1% unknown ethnicity). The average size of each household is 1.61 persons.

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PURPOSE, SCOPE, AND APPLICABILITY OF THE

FAMILY SELF-SUFFICIENCY PROGRAM

INTRODUCTION
This chapter contains information about the FSS program’s purpose, size, and measurable objectives as well as information on program operation. This includes potential participant demographics, the program timetable, the number of families to be served, and the size of the PHA’s voluntary FSS program. This chapter also contains definitions of the key terms in this FSS action plan.

Part I: The Purpose and Basic Requirements of the FSS program: This part includes a description of the purpose of the FSS program on a national level—its intent, goal, and major strategies.

Part II: The Scope of the FSS program: This part contains information about the size of the PHA’s FSS program, an estimate of participating families, eligible families from other self-sufficiency programs, and eligibility for combined FSS programs.

Part III: Program Operation: This part specifies the requirements for FSS program operation, including the deadlines for program start-up and when the PHA is expected to have attained full enrollment.

Part IV: The Definitions of Terms Used in the PHA’s FSS program: This section contains both HUD and PHA definitions for terms used in this policy document.

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PART I: PURPOSE AND BASIC REQUIREMENTS OF THE FSS PROGRAM 18-I.A. PURPOSE
The purpose of the family self-sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and housing assistance under the housing choice voucher program with public and private resources enabling families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency [984.101(a)(1)].

In addition to this broader national goal of the FSS program, the PHA also establishes a local goal consistent with the PHA’s mission statement to serve as a guide for establishing policy and implementing the FSS program.

PHA Policy
The PHA’s local goal in operating this FSS program is to match housing-assisted families with a broad range of highly collaborative existing community services to assist FSS families so that they may achieve self-sufficiency defined as a completion of the contract of participation.
18-I.B. PROGRAM OBJECTIVES [24 CFR 984.102]
In order to reach the FSS national program goal, HUD has defined its FSS program objective as to reduce the dependency of low-income families on welfare assistance and on Section 8, public, or any federal, state, or local rent or homeownership subsidies. Under the FSS program, low-income families are provided opportunities for education, job training, counseling, and other forms of social service assistance while living in assisted housing so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. As with the goals of the program, FSS program objectives are defined on the national level through FSS regulation and on the local level by PHA policy.

PHA Policy
On the local level, the PHA will achieve the national program objective by offering lowincome families a broad range of services through partnering with the program coordinating committee (PCC). These services will provide long-term education, job training, counseling, and other forms of social service assistance so that families may achieve economic self-sufficiency, as defined in Section 2-I.A. of this document. 18-I.C. BASIC REQUIREMENTS OF THE FSS PROGRAM [24 CFR 984.104] An FSS program established under 24 CFR Part 984 must operate in conformity with the regulations and this FSS action plan (as required in 24 CFR 984.201), provide comprehensive supportive services (as defined in 24 CFR 984.103), and operate in compliance with nondiscrimination and equal opportunity requirements.

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PART II: SCOPE OF THE FSS PROGRAM
18-II.A. PHAS REQUIRED TO OPERATE AN FSS PROGRAM
Each PHA that received funding for public housing units under the FY 1991 and FY 1992 FSS incentive award competitions must operate a public housing FSS program. Each PHA that received funding for Section 8 rental certificates or vouchers under the combined FY 1991/1992 FSS incentive award competition also must operate a Section 8 FSS program.

In addition, unless the PHA receives an exemption under 24 CFR 984.105, each PHA for which HUD reserved funding (budget authority) for additional rental certificates or vouchers in FY 1993 through October 20, 1998, must operate a Section 8 FSS program. Each PHA for which HUD reserved funding (budget authority) to acquire or construct additional public housing units in FY 1993 through October 20, 1998, must operate a public housing FSS program as well.

Mandatory Minimum Program Size (MMPS) [24 CFR 984.105]
PHAs that must operate an FSS program under 24 CFR 984.101 are subject to a minimum program size requirement.

In public housing, a PHA’s FSS program minimum program size is determined by adding the total number of public housing units reserved in FY 1991 and FY 1992 under the FSS incentive award competitions to the number of public housing units reserved in FY 1993 through October 20, 1998, and subtracting the number of families that have graduated from the PHA’s public housing FSS program on or after October 21, 1998, by fulfilling their FSS contract of participation obligations.

In the housing choice voucher program, a PHA’s FSS program minimum program size is determined by adding the number of HCV program units reserved under the combined FY 1991/1992 FSS incentive award competition to the number of additional rental voucher units reserved in FY 1993 through October 20, 1998, (not including the renewal of funding for units previously reserved) then subtracting the units that are excluded from minimum program size and subtracting the number of families who have graduated from the PHA’s Section 8 FSS program on or after October 21, 1998, by fulfilling their contract of participation obligations.

Further, when determining the Section 8 FSS program size for funding reserved in FY 1993 through October 20, 1998, the PHA must exclude funding for families affected by termination, expiration, or owner opt-out under Section 8 project-based programs; funding for families affected by demolition or disposition of a public housing project or replacement of a public housing project; funding for families affected by conversion of assistance from the Section 23 leased housing or housing assistance payments programs to the housing choice voucher program; funding for families affected by the sale of a HUD-owned project; and funding for families affected by the prepayment of a mortgage or voluntary termination of mortgage insurance.

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PHA Minimum Program Size
The PHA’s original housing choice voucher FSS MMPS was 235. This MMPS was determined by adding the number of housing choice voucher program units reserved under the combined FY 1991/1992 FSS incentive award competition, 75, to the number of additional rental voucher units reserved in FY 1993 through October 20, 1998, 160 (not including the renewal of funding for units previously reserved), then subtracting the units that are excluded from minimum program size, 0 (excluding funding for families affected by termination, expiration, or owner opt-out under Section 8 project-based programs; funding for families affected by demolition or disposition of a public housing project or replacement of a public housing project; funding for families affected by conversion of assistance from the Section 23 leased housing or housing assistance payments programs to the housing choice voucher program; funding for families affected by the sale of a HUD-owned project; and funding for families affected by the prepayment of a mortgage or voluntary termination of mortgage insurance). The PHA will phase out the program upon meeting the MMPS.

Maintaining Mandatory Minimum Program Size
Although the discretion to do so ultimately rests with the PHA, mandatory minimum program size can decrease as FSS participants graduate. Per the regulation, for each family that graduates from the program by fulfilling its FSS contract of participation on or after October 21, 1998, the mandatory minimum program size for a PHA’s public housing or housing choice voucher FSS program is reduced by one slot. However, if an FSS slot is vacated by a family that has not completed its FSS contract of participation obligations, the slot must be filled by a replacement family which has been selected in accordance with the FSS family selection procedures [24 CFR 984.105(b)(3)].

PHA Policy
The PHA will reduce the FSS mandatory minimum program size by one for each family that graduates from the program by fulfilling its FSS contract of participation.

When the PHA has met the mandatory minimum program size, the PHA will no longer enroll new participants for the FSS program or approve requests for contract extensions.

Current FSS participants will continue to receive supportive services and accrue escrow credits accordingly through the completion period of their FSS contracts of participation.

Option to Operate Larger FSS Program
A PHA may choose to operate an FSS program of a larger size than the minimum required by HUD [24 CFR 984.105(a)(3)].

PHA Policy
The PHA will, at its discretion, operate an FSS program of a larger size than its mandatory minimum program size.

Exception to Program Operation [24 CFR 984.105(c)]
The requirement to establish and carry out a public housing or a housing choice voucher FSS

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program may be waived with approval from HUD. In order to waive the requirement, the PHA must provide a certification to HUD that the establishment and operation of an FSS program is not feasible because of a lack of accessible supportive services funding, including lack of the availability of programs under JTPA or JOBS; a lack of funding for reasonable administrative costs; a lack of cooperation by other units of state or local government; or a lack of interest in participating in the FSS program on the part of eligible families.

An exception will not be granted if HUD determines that local circumstances do not preclude the PHA from effectively operating an FSS program that is smaller than the minimum program size.

Reduction in Program Size
Rather than a full exception to program operation, a PHA may also be permitted to operate a public housing or a housing choice voucher FSS program that is smaller than the minimum program size. As with the full exception, HUD may grant the PHA such a partial exception if the PHA provides to HUD a certification that the operation of an FSS program of the minimum program size is not feasible because of a decrease in or lack of accessible supportive services [24 CFR 984.105(d)].

Expiration of Exception
The approval for a full or partial exception to the FSS minimum program size requirement expires three years from the date of HUD approval of the exception. If a PHA seeks to continue an exception after its expiration, the PHA must submit a new request and a new certification to HUD for consideration [24 CFR 984.105(e)].
18-II.B. ESTIMATE OF PARTICIPATING FAMILIES [24 CFR 984.201(d)(2)] The PHA must state the number of eligible FSS families who can reasonably be expected to receive supportive services under the FSS program based on available and anticipated federal, tribal, state, local, and private resources
Estimate of Eligible Families
102 eligible FSS families can reasonably be expected to receive supportive services under the FSS program, based on available and anticipated federal, tribal, state, local, and private resources.
18-II.C. ELIGIBLE FAMILIES FROM OTHER SELF-SUFFICIENCY PROGRAMS [24 CFR 984.201(d)(3)]
If applicable, the PHA must enter the number of families, by program type, who are participating in any other local housing self-sufficiency program who are expected to agree to execute an FSS contract of participation.

PHA Policy
The PHA does not operate other self-sufficiency programs and therefore no additional families from other programs are expected to execute an FSS contract of participation. 18-II.D. ELIGIBILITY OF A COMBINED PROGRAM [24 CFR 984.201(e)] A PHA that wishes to operate a joint FSS program with other PHAs may combine its resources

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with one or more PHAs to deliver supportive services under a joint action plan that will provide for the establishment and operation of a combined FSS program that meets the requirements of this part.

PHA Policy
The PHA will not combine its resources with any other PHA to deliver support services, have a joint action plan, or establish or operate a combined FSS Program.

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PART III: PROGRAM OPERATION
18-III.A. OVERVIEW
Federal regulations specify requirements for FSS program operation regarding deadlines for program start-up and when the PHA is expected to have attained full enrollment. A timetable illustrating when the PHA intends to meet these deadlines is included as part of the required contents of the action plan.
18-III.B. PROGRAM IMPLEMENTATION DEADLINE
The deadlines for program implementation differ depending on whether the FSS program is voluntary or mandatory.

Voluntary Program [24 CFR 984.301(a)(1)]
There is no deadline for implementation of a voluntary program. However, a voluntary program may not be implemented before the requirements specified in 24 CFR 984.201 have been satisfied (see Sections 1-II.A.–1-II.D.).

Mandatory Program [24 CFR 984.301(a)(2)]
For mandatory FSS programs, operation of a local FSS program must begin within 12 months of HUD’s approval of funding that establishes the obligation to operate an FSS program.

Operation means that activities such as outreach, participant selection, and enrollment have begun. Full delivery of the supportive services to be provided to the total number of families required to be served under the program need not occur within this 12 months, but must occur within two years (see Section 2-III.C.).
18-III.C. FULL ENROLLMENT AND DELIVERY OF SERVICE
[24 CFR 984.301(a)(2)(ii)]
Unless the PHA is implementing a voluntary FSS program, the PHA must have completed enrollment of the total number of families required to be served under the program (based on the minimum program size), and must have begun delivery of the supportive services within two years from the date of notification of approval of the application for new public housing units for a public housing FSS program, new rental certificates or rental vouchers for a Section 8 FSS program, or HUD’s approval of funding that establishes the obligation to operate an FSS program
18-III.D. EXTENSION OF PROGRAM DEADLINES FOR GOOD CAUSE [24 CFR 984.301(a)(2)(iii)]
HUD may extend the deadline for program implementation if the PHA requests an extension and HUD determines that despite best efforts on the part of the PHA, the development of new public housing units will not occur within the required deadlines, the commitment by public or private resources to deliver supportive services has been withdrawn, the delivery of such services has been delayed, or other local circumstances warrant an extension of the required deadlines.

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18-III.E. TIMETABLE FOR PROGRAM IMPLEMENTATION [24 CFR 984.201(d)(ii)] A timetable for implementation of the FSS program is part of the required contents of the FSS action plan. The timetable must comply with the requirements in 24 CFR 984.301 (see Section 2-III.B.–2-III.D.), including the schedule for filling FSS slots with eligible FSS families.

PHA Policy
The PHA is already implementing its FSS Program.

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PART IV: DEFINITIONS
18-IV.A. DEFINITIONS [24 CFR 984.103]
The terms 1937 Act, fair market rent, HUD, low-income family, public housing, public housing agency (PHA), secretary, and Section 8, as used in this document are defined in the 24 CFR Part 5.

The term very low-income family is defined in 24 CFR 813.102 and 24 CFR 913.102.

The terms used in this document have the following definitions as defined by 24 CFR 984.103 and this family self-sufficiency action plan.

Certification means a written assertion based on supporting evidence, provided by the FSS family or the PHA, which must be maintained by the PHA in the case of the family's certification, or by HUD in the case of the PHA’s certification; made available for inspection by HUD, the PHA, and the public, as appropriate; and be deemed to be accurate, unless the secretary or the PHA determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.

Chief executive officer (CEO) means the CEO of a unit of general local government who is the elected official or the legally designated official having primary responsibility for the conduct of that entity’s governmental affairs.

Contract of participation (COP) means a contract in a form approved by HUD, entered into between a participating family and a PHA operating an FSS program that sets forth the terms and conditions governing participation in the FSS program. The contract of participation includes all individual training and services plans entered into between the PHA and all members of the family who will participate in the FSS program, and which plans are attached to the contract of participation as exhibits. For additional detail, see 24 CFR 984.303.

Earned income means income or earnings included in annual income from wages, tips, salaries, other employee compensation, and self-employment. Earned income does not include any pension or annuity, transfer payments, any cash or in-kind benefits, or funds deposited in or accrued interest on the FSS escrow account established by a PHA on behalf of a participating family.

Effective date of contract of participation means the first day of the month following the month in which the FSS family and the PHA entered into the contract of participation.

Eligible families for the public housing FSS program means current residents of public housing, and for the housing choice voucher FSS program, means current housing choice voucher program participants. Eligible families also include current residents of public housing and participants in the housing choice voucher program who are participants in other local selfsufficiency programs.

Enrollment means the date that the FSS family entered into the contract of participation with the PHA.

Family self-sufficiency program or FSS program means the program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the provision of supportive services to these families, as authorized by section 23 of the 1937 Act.

FSS account means the FSS escrow account authorized by section 23 of the 1937 Act.

FSS credit means the amount credited by the PHA to the participating family’s FSS account.

FSS family or participating family means a family that resides in public housing or receives

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assistance under the rental voucher programs that elects to participate in the FSS program and whose designated head of the family has signed the contract of participation.

FSS-related service program means any program, publicly or privately sponsored, that offers the kinds of supportive services described in the definition of supportive services.

FSS slots refer to the total number of public housing units or the total number of rental vouchers that comprise the minimum size of a PHA's respective public housing FSS program or HCV FSS program.

FY means federal fiscal year (starting with October 1, and ending September 30, and designated by the calendar year in which it ends).

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

Housing subsidies means assistance to meet the costs and expenses of temporary shelter, rental housing, or homeownership, including rent, mortgage, or utility payments.

Individual training and services plan (ITSP) means a written plan that is prepared for the head of the FSS family and each adult member of the FSS family who elects to participate in the FSS program, by the PHA in consultation with the family member, and which sets forth the supportive services to be provided to the family member, the activities to be completed by that family member, and the agreed upon completion dates for the services and activities.

Each ITSP must be signed by the PHA and the participating family member, and is attached to and incorporated as part of the contract of participation. An ITSP must be prepared for the head of the FSS family.

JTPA means the Job Training Partnership Act (29 U.S.C. 1579(a)) now known as the Workforce Investment Act or WIA.

Knowledgeable professional
PHA Policy
Knowledgeable professional means a person who is knowledgeable about the situation, competent to render a professional opinion, and is not in a position to gain, monetarily or otherwise, from the PHA FSS program decision in the area to which they are certifying.

Participating family is defined as FSS family in this section.

Program coordinating committee (PCC) means the committee described in 24 CFR 984.202.

Public housing means housing assisted under the 1937 Act, excluding housing assisted under Section 8 of the 1937 Act.

Self-sufficiency means that an FSS family is no longer receiving Section 8, public, or Indian housing assistance, or any federal, state, or local rent or homeownership subsidies or welfare assistance. Achievement of self-sufficiency, although an FSS program objective, is not a condition for receipt of the FSS account funds.

Supportive services mean those appropriate services that a PHA will make available or cause to be made available to an FSS family under a contract of participation. These may include child care of a type that provides sufficient hours of operation and serves an appropriate range of ages; transportation necessary to enable a participating family to receive available services or to commute to their places of employment; remedial education; education for completion of

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secondary or post-secondary schooling; job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the contract of participation; substance/alcohol abuse treatment and counseling; training in homemaking and parenting skills; household management; money management; counseling regarding homeownership or opportunities available for affordable rental and homeownership in the private housing market (including information on an individual’s rights under the Fair Housing Act) and money management; and any other services and resources, including case management and reasonable accommodations for individuals with disabilities, that the PHA may determine to be appropriate in assisting FSS families to achieve economic independence and self-sufficiency.

Unit size or size of unit refers to the number of bedrooms in a dwelling unit.

Welfare assistance means (for purposes of the FSS program only) income assistance from federal or state welfare programs and includes only cash maintenance payments designed to meet a family’s ongoing basic needs. Welfare assistance does not include nonrecurrent, shortterm benefits that are designed to deal with a specific crisis situation or episode of need, or are not intended to meet recurrent or ongoing needs and will not extend beyond four months; work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); supportive services such as child care and transportation provided to families who are employed; refundable earned income tax credits; contributions to, and distributions from, individual development accounts under TANF; services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement and other employment-related services that do not provide basic income support; transportation benefits provided under a Job Access or Reverse Commute project, pursuant to section 404(k) of the Social Security Act, to an individual who is not otherwise receiving assistance; amounts solely directed to meeting housing expenses; amounts for health care; food stamps and emergency rental and utilities assistance; and SSI, SSDI, or social security.

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PROGRAM ADMINISTRATION

INTRODUCTION
This chapter discusses administrative policies and practices as they are relevant to the activities covered in this plan. The policies and practices are discussed in two parts:

Part I: Staffing, Fees and Costs, and On-Site Facilities: This part describes identifying appropriate staff and contractors to operate the FSS program and provide the necessary direct services to FSS families. In addition, it describes how administrative fees, costs, and supportive services will be funded, and defines the use of on-site facilities.

Part II: The Program Coordinating Committee: This part covers the establishment of a program coordinating committee (PCC), which is a regulatory requirement for the FSS program. It describes required and recommended PCC membership, in addition to the option for an alternative committee.

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PART I. STAFFING, FEES AND COSTS, AND ON-SITE FACILITIES 18-I.A. OVERVIEW
Several functions of program administration are crucial to running an FSS program. A PHA may need to employ a program coordinator, or decide to contract with another organization to administer the program. In addition to staffing issues, PHAs should understand how program funding and expenses work in order to keep the program running smoothly. Finally, PHAs need to sort out whether and how to make common areas or unoccupied units to provide supportive services.
18-I.B. PROGRAM ADMINISTRATION STAFF AND CONTRACTORS
[24 CFR 984.301(b)]
PHAs have the choice between hiring their own staff and contracting with an outside organization to administer their FSS program. If the PHA should choose to employ its own staff, the staffing levels should be appropriate, and may include one or more FSS coordinators.

If the PHA chooses to contract with an outside organization, the organization’s staffing levels must likewise be appropriate to establish and administer the FSS program, and the organization’s responsibilities would include managing the FSS account in accordance with federal regulations.

PHA Policy
The PHA will employ appropriate staff, including one or more FSS coordinators or program coordinators, and/or contract with an outside social service organization to provide case management and care plans.
18-I.C. ADMINISTRATIVE FEES AND COSTS
The ways in which administrative fees and costs are funded differ for public housing and housing choice voucher FSS programs.

Public Housing FSS Program
For public housing FSS programs, the performance funding system (PFS), provided under section 9(a) of the 1937 Act provides for the reasonable and eligible administrative costs that the PHA incurs in carrying out the program only when funds have been appropriated.

However, a PHA may use other resources for this purpose [24 CFR 984.302(a)].

In other words, the PHA may fund reasonable and eligible administrative costs in the FSS program from the Operating Fund. However, these expenses will only be reimbursed in the operating subsidy when a current appropriations act allows it. In addition, the PHA may fund reasonable and eligible administrative costs from the Capital Fund. Administrative staffing costs may also be funded through HUD or other grant or foundation sources. This includes FSS Coordinator grants when available.

Housing Choice Voucher FSS Program
In the housing choice voucher program, administrative fees are paid to PHAs for HUDapproved costs associated with the operation of an FSS program. These administrative fees are established by Congress and subject to appropriations [24 CFR 984.302(b)].

In addition, administrative fees for HUD-approved costs not specifically related to the

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operation of the FSS program may be used to cover these costs associated with the administration of FSS [see Notice PIH 93-24 E-7 and E-8]. 18-I.D. SUPPORTIVE SERVICES FEES AND COSTS
As with administrative fees and costs, funding for supportive services fees and costs are different depending on whether the PHA runs a public housing or a housing choice voucher FSS program. Supportive services fees and costs include childcare expenses, transportation funds, and the costs of training, work equipment, or GED classes, among others.

Public Housing Supportive Services
In public housing, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from either the Operating Fund or the Capital Fund. However, in the Operating Fund, the costs of FSS supportive services are only reimbursed through the operating subsidy when appropriations allow it.

In addition to the Operating Fund and Capital Fund, public housing supportive services can also be funded through HUD grants, other than FSS coordinator grants, when available.

Housing Choice Voucher Supportive Services
In the housing choice voucher program, the PHA may fund reasonable and eligible FSS supportive service costs in the FSS program from unrestricted net assets [see Notice PIH 93- 24, E-3].

In addition, the PHA may seek additional funds from HUD through submitting grant applications, or seek grants from other sources when available. 18-I.E. ON-SITE FACILITIES
Each PHA may, subject to the approval of HUD, make available and utilize common areas or unoccupied dwelling units in public housing projects to provide supportive services under an FSS program. This includes using such areas for participants in a housing choice voucher FSS program.

PHA Policy
The PHA will make its offices located at: 1901 Main Street, Suite A, Santa Monica, CA 90405, available to provide supportive services under the housing choice voucher FSS program.

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PART II: PROGRAM COORDINATING COMMITTEE
18-II.A. OVERVIEW
As another integral part of FSS program administration, each participating PHA must establish a program coordinating committee (PCC) whose functions will be to assist the PHA in securing commitments of public and private resources for the operation of the FSS program within the PHA's jurisdiction, including assistance in developing the action plan and in implementing the program [24 CFR 984.202(a)].

The PCC must consist of certain members, which are dependent upon whether the PHA is operating a public housing or housing choice voucher program. In addition to these required members, the PCC may also include additional members recommended by regulation. 18-II.B. PROGRAM COORDINATING COMMITTEE MEMBERSHIP
Required PCC Membership [24 CFR 984.202(b)(1)]
For a public housing FSS program, the PCC members required consist of representatives of the PHA and public housing residents. The public housing resident representatives on the PCC will be solicited from one or more of the following groups:
• An area-wide or city-wide resident council
• If the PHA will be transferring FSS participants to vacant units in a specific public housing development, the resident council or resident management corporation of the public housing development where the public housing FSS program is to be carried out • Any other public housing resident group that the PHA believes is interested in the FSS program and would contribute to the development and implementation of the FSS program
For a housing choice voucher FSS program, the PCC membership must consist of representatives of the PHA and participants of the HCV program or HUD’s public or Indian housing programs.

PHA Policy
The PHAs representative to the program coordinating committee will be the FSS coordinator or other representative of the PHA if the FSS coordinator is unable to attend a PCC meeting.

Recommended PCC Membership [24 CFR 984.202(b)(2)]
Membership on the PCC also may include representatives of the unit of general local government served by the PHA, local agencies (if any) responsible for carrying out employment training programs or programs funded under the Workforce Investment Act, and other organizations, such as other state, local, or tribal welfare and employment agencies, public and private education or training institutions, child care providers, nonprofit service providers, private business, and any other public and private service providers with resources to assist the FSS program.

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PHA Policy
The PHA’s FSS program coordinating committee membership will include representatives from organizations that provide services to low-income households that promote increased self-sufficiency, including, but not limited to: affordable housing, supportive services, employment services, education, healthcare, behavioral healthcare, financial management/financial education, childcare, and legal services. 18-II.C. ALTERNATIVE PCC COMMITTEE [24 CFR 984.202(c)]
It is also possible for the PHA, in consultation with the chief executive officer of the unit of general local government served by the PHA, to use an existing entity as the PCC, as long as the membership of the existing entity consists or will consist of the individuals required by regulation (See section 3-II.B. above).

PHA Policy
The PHA may, at its discretion, choose to utilize an existing entity as its program coordinating committee.

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SELECTING AND SERVING FSS FAMILIES

INTRODUCTION
FSS regulations require that the PHA include in its action plan a statement indicating how it will select families for participation in the FSS program. This includes outreach, waiting list management, and other selection procedures. When followed, the PHA’s selection procedures ensure that families will be selected without regard to race, color, religion, sex, handicap, familial status, or national origin.

Once selected for participation in the FSS program, families are to be provided various activities and supportive services so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. A description of such activities and supportive services is also a requirement of the FSS action plan.

This chapter contains three parts:

Part I: Incentives, Outreach, and Assurance of Noninterference: This part describes the incentives the PHA will offer and the outreach efforts the PHA will use in order to encourage participation and recruit eligible families for the FSS program. It also contains the required assurance of noninterference with the rights of nonparticipating families.

Part II: Family Selection: This part covers whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so. In addition, this part describes the selection factors the PHA will use in screening families for participation in the FSS program.

Part III: Activities and Support Services: This part lists the activities and supportive services to be provided to families through both public and private resources, describes the method the PHA will use to identify family support needs, and covers the required certification of coordination.

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PART I. INCENTIVES, OUTREACH, AND ASSURANCE OF NONINTERFERENCE 18-I.A. OVERVIEW
The FSS program offers incentives such as the FSS escrow account, case management, and other supportive services that not only encourage participation, but also help families achieve self-sufficiency. In addition to encouraging program participation through such incentives, PHAs also conduct outreach to recruit FSS participants from among eligible families. As part of this process, families need to know that their choice as to whether to participate in the FSS program will not affect their admission to the public housing or housing choice voucher programs, nor will it affect their right to occupancy. This part describes the PHA’s policies regarding these issues, all of which are required aspects of the FSS action plan. 18-I.B. INCENTIVES FOR PARTICIPATION [24 984.201(d)(5)] By regulation, the FSS action plan must include a PHA’s incentives plan—a description of the incentives that the PHA intends to offer eligible families to encourage their participation in the FSS program. The incentives plan provides for the establishment of the FSS escrow account and any other incentives designed by the PHA
PHA Policy
The PHA will offer the following services to its FSS participants as incentives to participate in FSS:

Incentive Provided By Description
FSS escrow account Santa Monica
Housing
Authority
Management of individual, interest
bearing escrow accounts.

Case management -St. Joseph’s
Center
Training, money management, and
implementation of the ITSP.

Information on and referrals
to services
Same as above Same as above

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18-I.C. OUTREACH EFFORTS [24 CFR 984.201(d)(6)(i)(ii)]
In addition to offering incentives for FSS participation, PHAs also conduct outreach in order to recruit more FSS participants from eligible families. The FSS action plan must include a description of these efforts to recruit FSS participants, including notification and outreach, the actions the PHA will take to assure that both minority and nonminority groups are informed about the FSS program, and how the PHA will make this information known.

PHA Policy
The PHA will notify eligible families about the FSS program using the following outreach locations, activities, methods, and languages, where appropriate. These points of contact and methods have been selected to ensure that both minority and nonminority groups are informed about the FSS program. The PHA will not conduct any FSS program outreach when the mandatory minimum program size requirement has been met and the PHA is no longer enrolling new FSS participants.

Location/Activity Staff/Partner Method Language*
Interims/Recertifications PHA Staff
Specialist
Flyer
Posters
Presentation
Referral Form
Transfers/Portability PHA Staff
Specialist
Flyer
Posters
Presentation
Referral Form
Lobby PHA Staff
Receptionist
Flyer
Posters
Referral Form
Waiting Room PHA Staff Flyer
Posters

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Inspections PHA Staff
Inspector
Flyer
Presentation

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18-I.D. ASSURANCE OF NONINTERFERENCE WITH THE RIGHTS OF NONPARTICIPATING FAMILIES [24 CFR 984.201(d)(10)]
A family’s housing assistance or admission into assisted housing should never depend on whether they choose to participate in the FSS program, and PHAs need to make this known as part of the recruitment process. For this reason, the PHA’s action plan must include an assurance that a family’s decision to not participate in the FSS program will not affect the family’s admission to the public housing or housing choice voucher programs, nor will it affect the family’s right to occupancy in accordance with the lease.

PHA Policy
Participation in the FSS program is strictly voluntary. Housing choice voucher program participants will be notified in all literature and media presentations related to the FSS program that should they decide not to participate in the FSS program it will not affect their public housing or HCV housing assistance. This material will also specify that the family will retain the right to occupancy according to their lease and family obligations contract.

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PART II. FAMILY SELECTION
18-II.A. OVERVIEW
The FSS action plan is required to contain a statement indicating the procedures for selecting families for FSS program participation, including a description of how the PHA will do so without regard to race, color, religion, sex, handicap, familial status, or national origin. This part describes these procedures, taking into account whether the PHA will use preferences for family selection and which preferences the PHA will employ if they choose to do so, in addition to defining the factors the PHA will use in screening families for program participation.
18-II.B. FSS SELECTION PREFERENCES
As part of the process for selecting families for participation in the FSS program, the PHA may choose whether to employ the use of preferences. In particular, if the PHA so chooses, it has the option of giving a selection preference for up to 50 percent of its public housing FSS slots and 50 percent of its HCV program FSS slots, respectively, to eligible families who have one or more family members currently enrolled in an FSS-related service program or who are on the waiting list for such a program. Such a preference may be further limited to participants in and applicants for one or more specific eligible FSS-related service programs.

Should the PHA choose to adopt such a preference, it would need to include the following information in its action plan:
• The percentage of FSS slots, not to exceed 50 percent of the total number of FSS slots for each of its FSS programs, for which it will give a selection preference • The FSS related service programs to which it will give a selection preference to the programs’ participants and applicants
• The method of outreach to and selection of families with one or more members participating in the identified programs [24 CFR 984.203(a)] A PHA may wish to adopt additional selection preferences as well [Notice PIH 93-24].

PHA Policy
The PHA will not adopt the use of preferences when selecting families for participation in the FSS program.

Even with up to 50 percent of the total number of FSS slots filled via selection preferences, and the possibility of other slots being filled by means of additional preferences, open slots will remain. Regardless of whether the PHA adopts selection preferences, those FSS slots for which the PHA chooses not to exercise the selection preference must be filled with eligible families in accordance with an objective selection system such as a lottery, the length of time living in subsidized housing, or the date the family expressed an interest in participating in the FSS program. This system must be described in the action plan [24 CFR 984.203(b)].

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PHA Policy
The PHA will use the date the family expressed an interest in participating in the FSS program to fill the FSS slots for which the PHA chooses not to exercise the selection preference.
18-II.C. SELECTION FACTORS
Many factors contribute to whether a PHA may choose to select a family for participation in the FSS program. These selection factors can help the PHA screen families for admission, and ultimately contribute to the PHA’s decision to either allow or deny a family’s admission into the FSS program.

Motivation Selection Factors [24 CFR 984.203(c)(1)]
A PHA may screen families for interest and motivation to participate in the FSS program provided that the factors utilized by the PHA are those which solely measure the family’s interest and motivation to participate in the FSS program. For this reason, PHAs must only apply motivational screening factors that are permissible under the regulations.

Permissible Motivation Selection Factors
Permitted motivational factors include requiring attendance at FSS orientation sessions or preselection interviews, and assigning certain tasks indicating the family’s willingness to undertake the obligations that may be imposed by the FSS contract of participation. However, any tasks assigned should be readily accomplishable by the family based on the family members’ educational level or disabilities, if any. Reasonable accommodations must be made for individuals with mobility, manual, sensory, speech impairments, mental, or developmental disabilities [24 CFR 984.203(c)(2)].

PHA Policy
The PHA will not screen families for interest and motivation to participate in the FSS program.

Prohibited Motivation Selection Factors
Prohibited motivational screening factors include the family’s educational level, educational or standardized motivational test results, previous job history or job performance, credit rating, marital status, number of children, or other factors, such as sensory or manual skills, and any factors which may result in discriminatory practices or treatment toward individuals with disabilities or minority or nonminority groups [24 CFR 984.203(C)(3)].

Other Selection Factors
In addition to motivational screening, the PHA may also wish to screen families for other factors.

PHA Debt Selection Factor
The PHA may deny FSS participation to a family if the family owes the PHA, or another PHA, money in connection with HCV or public housing assistance [Notice PIH 93-24, B-18].

PHA Policy

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The PHA will deny FSS participation to a family if the family owes the PHA, or another PHA, money in connection with HCV or public housing assistance.

Unavailable Support Services Selection Factor
If the PHA determines, after consulting with the family, that a missing service is essential to the family’s needs, the PHA may skip that family (and other similar families) and offer the FSS slot to the next family for which there are available services [Notice PIH 93-24, B-8].

PHA Policy
The PHA will not skip families when services essential to the family’s needs are missing.

Previous Participation Selection Factor
A PHA may refuse to select a family for participation in the FSS program a second time if that family previously participated unsuccessfully (i.e., the family participated, did not meet its FSS obligations, and was terminated from the FSS program) [Notice PIH 93-24, B-14].

PHA Policy
The PHA will not refuse to select a family for participation in the FSS program a second time if that family previously participated and did not complete the program.

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PART III. ACTIVITIES AND SUPPORT SERVICES
18-III.A. OVERVIEW
Once families are admitted to the FSS program, the PHA becomes responsible for making sure these families are adequately served. The purpose of the family self-sufficiency (FSS) program is to promote the development of local strategies to coordinate the use of public housing assistance and assistance under the housing choice voucher programs with public and private resources, to enable families eligible to receive assistance under these programs to achieve economic independence and self-sufficiency. As such, upon selection, families are matched with the appropriate activities and supportive services so that they may obtain the education, employment, and business and social skills necessary to achieve self-sufficiency. This is a vital element of the FSS program.
18-III.B. METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS
[24 CFR 984.201(d)(8)]
Before a PHA can determine the services and activities it will provide to FSS families, it must identify the services and activities appropriate to each family. The action plan must contain a description of how the program will identify the needs of FSS families and deliver the services and activities according to these needs.

PHA Policy
Supportive services needs are identified by completion of a needs assessment with the FSS coordinator or case manager.
18-III.C. FSS ACTIVITIES AND SUPPORT SERVICES DESCRIPTION [24 CFR 984.201(d)(7)]
As part of the required contents of the action plan, PHAs must both describe the activities and supportive services to be provided by public and private resources to FSS families, and identify the public and private resources that are expected to provide the supportive services.

Of course, this task assumes that the PHA has first identified the needed activities and supportive services.

PHA Policy
The PHA’s FSS program, through its partners on the program coordinating committee, will provide the following activities and support services to FSS families:

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Support Service General Support Service Specific Source/Partner Assessment
Vocational Assessment
Educational Assessment
Vocational Planning
Educational Planning
Disability Assessment
Disability Vocational
Assessment/Planning
Disability Educational
Assessment/Planning
Drug/Alcohol Assessment
Drug/Alcohol Planning
Adult Basic Education
Career Center
Community College
Community Based Organizations
Career Center
Community College
Vocational Rehabilitation
Health Department
Career Center
Community-based Organizations
Education
High School
English as a Second Language
GED
Post-secondary
College
High School Adult Basic
Education
Community College
University
Training
Skills Training
Emerging Technologies
Training
Biomedical Training
On-the-Job Training
Functional Context Training
Adult Basic Education
Community College
University
Community-based Organizations
Workforce Investment

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Support Service General Support Service Specific Source/Partner Job Search Assistance
Resume Preparation
Interviewing Skills
Dress for Success
Workplace Skills
Job Development
Job Placement
Adult Basic Education
Community College
University
Community-based Organizations
Workforce Investment
Transportation
Bus
Train/Trolley
Metropolitan Transit
Health Care
Alcohol and Drug Prevention
Alcohol and Drug Treatment
HMO
Health Department
Community Clinic
General Hospital
Mentoring Mentoring Match
Adult Basic Education
Community College
Workforce Investment Act Youth
Programs
Community-based Organizations
Micro and Small Business
Development
Training
Planning
Technical Assistance
Mentoring
Microbusiness Assistance
Program
Small Business Administration
Business Incubator
Homeownership
Training
Planning
Debt Resolution
Public Housing Authority
Housing Counseling
Organization
Community-based Organizations

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Support Service General Support Service Specific Source/Partner Individual Development
Accounts
Match Savings Accounts
Distribution of IDA Funds
Public Housing Authority
TANF
Office of Community Services in
DHHS
Office of Refugee Resettlement
Beginner Farmers and Ranchers
Community-based Organizations
Child Care
Infant Care
Toddler Care
Preschool Care
Afterschool Care
Homework Assistance
Child Care Resource
Parks and Recreation
Crisis Services
Crisis Assessment
Crisis Intervention
Crisis Management
Crisis Resolution
Crisis Team
Senior Crisis Team
Poison Center
Domestic Violence Shelter
Child/Adult Protective
Services
Needs Assessment
Case Planning
Information Referral
Crisis Management
Senior Services
Adult Services
In-home Support Services
Adult Abuse Hotline
Child Abuse Hotline
Foster Care
Adoption Services

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Support Service General Support Service Specific Source/Partner Legal Services
Representation
Document Review
Counsel or Advice
ACLU
Legal Aid
Debt Resolution
Needs Assessment
Case Planning
Advocacy
Negotiation
Consumer Credit Counselors
18-III.D. CERTIFICATION OF COORDINATION [24 CFR 984.201(d)(12)] The FSS action plan is required to contain a certification that the development of the activities and services under the FSS program has been coordinated with the JOBS program (now Welfare to Work under TANF), the programs provided under the JTPA (now Workforce Investment Act programs), and any other relevant employment, child care, transportation, training, and education programs in the applicable area. The implementation of the FSS program’s activities and services must continue to be coordinated as such in order to avoid duplication of activities and services.

PHA Policy
The PHA certifies that its FSS program has developed its services and activities in coordination with the Workforce Investment Act (formerly JTPA), Workforce Investment Board and One Stop Centers, Welfare to Work (formerly JOBS program), and any other relevant employment, child care, transportation, training, and education programs in the applicable area. The implementation of these activities and services will continue to be coordinated in this manner in order to avoid duplication of activities and services.

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CONTRACT OF PARTICIPATION

INTRODUCTION
Each family that is selected to participate in an FSS program must enter into a contract of participation with the PHA. This contract, which is signed by the head of the FSS family, sets forth the principal terms and conditions governing participation in the FSS program, including the rights and responsibilities of the FSS family and of the PHA, the services to be provided to the head of the FSS family and each adult member of the family who elects to participate in the program, and the activities to be completed by them. The contract also incorporates the individual training and services plan [24 CFR 984.303].

This chapter contains two parts:

Part I: Overview and Family Obligations: This part provides an overview of the form and content of the contract of participation and describes what the contract requires of FSS families.

Part II: Contract Specifications: This part explains the specifications of the contract, including terms and conditions, contract modification, contract terminations, and grievance procedures.

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PART I: OVERVIEW AND FAMILY OBLIGATIONS
18-I.A. OVERVIEW
The purpose of the FSS contract of participation is to set forth the principal terms and conditions governing participation in the FSS program, including the incorporation the individual training and services plan (ITSP) as part of the contract’s required contents. The ITSP is meant to establish goals for an FSS family to meet along the family’s way to completing the contract and becoming self-sufficient. In addition to the goals specified in the ITSP, the contract also lists the responsibilities of the family and the PHA. This part covers the ITSP as part of the required contents of the contract of participation, and the family’s obligations under the contract.
18-I.B. CONTENTS OF THE CONTRACT OF PARTICIPATION
Individual Training and Services Plan
As part of the required contents of the FSS contract of participation (COP), the individual training and services plan (ITSP) establishes specific interim and final goals by which the PHA and the family measure the family’s progress toward fulfilling its obligations under the contract of participation and becoming self-sufficient. Interim and final goals will differ depending on the family’s individual needs. Further, regulations require the establishment of an interim goal regarding independence from welfare assistance.

Interim Goals
For each participating FSS family that receives welfare assistance, the PHA must establish as an interim goal that the family become independent from welfare assistance and remain independent from welfare assistance for at least one year before the expiration of the term of the contract of participation, including any extension thereof [24 CFR 984.303(b)(2)].

At its discretion, the PHA may also elect to suggest this as an interim goal in the ITSP regardless of whether a family is receiving welfare assistance at the time the COP is developed.

PHA Policy
If the family is not receiving welfare assistance at the time the contract of participation is being developed, the PHA will not suggest to each family participating in the FSS program that the family include an interim goal on its individual training and services plan for the family to become independent from welfare assistance and remain welfarefree for at least one year before the expiration of the term of the contract of participation. However, remaining off of welfare assistance will remain as a final goal in all family’s ITSP.

Individual Training & Service Plans for Other than FSS Head An individual training and services plan is only required for the head of the FSS family. This means that it is the PHA’s decision, after consulting with the family, whether to create an ITSP

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and provide supportive services to other family members aged 18 or over if they want to participate in the FSS program and supportive services are available [Notice PIH 93-24, G-16].

PHA Policy
The PHA will permit additional family members to have an ITSP if funding and resources are available.

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18-I.C. FAMILY OBLIGATIONS
Compliance with Lease Terms
One of the obligations of the FSS family according to the contract of participation is to comply with the terms and conditions of the public housing lease or housing choice voucher program assisted lease [24 CFR 984.303(b)(3)].

Inability to comply with the lease represents an inability to comply with the contract; therefore regulations regarding noncompliance with the FSS contract apply [see 24 CFR 984.303(b)(5)]. It is up to the PHA to determine the plan of action for FSS families found in noncompliance with the lease and how the PHA will precisely define the term comply with the lease.

PHA Policy
Comply with the lease means the FSS family has not been evicted for serious violations of the lease; or if they have been evicted for serious violations of the lease, the family has prevailed in either the grievance hearing or the informal hearing process.

The PHA’s FSS program will not terminate the FSS contract of participation for failure to comply with the terms of the lease.

Employment Obligation [24 CFR 984.303 (b)(4)]
Another obligation set forth by the contract of participation is for the head of the FSS family to seek and maintain suitable employment during the term of the contract and any extension.

Although other members of the FSS family may seek and maintain employment during the term of the contract, it is only a requirement for the head of the FSS family.

The obligation for the head of the FSS family to seek employment is defined in the regulatory language as meaning that the head of the FSS family has applied for employment, attended job interviews, and has otherwise followed through on employment opportunities. However, this definition still leaves room for policy decisions on the part of the PHA because it does not define the level of activity involved in “seeking.”
There is no regulatory definition of maintain employment. For this reason, it is up to the PHA to define the term.

In addition, there is no minimum period of time that an FSS head of household needs to be employed in order to meet its contract of participation requirements [Notice PIH 93-24, G-9].

According to regulation, the PHA makes a determination of suitable employment based on the skills, education, and job training of the FSS head of household, and based on the available job opportunities within the jurisdiction served by the PHA [24 CFR 984.303(b)(4)(iii)]. This means that the PHA has the ultimate responsibility for making the decision regarding the suitability of employment. However, this decision must be made in conjunction with the head of the FSS family [Notice PIH 93-24, G-3].

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PHA Policy
For purposes of the PHA’s FSS program, seek employment means the head of household has applied for employment, attended job interviews, attended job fairs, and otherwise followed through on employment opportunities as outlined in the individual training and services plan of his or her contract of participation.

Maintain employment means that the FSS head of household will complete all of the obligations outlined in the individual training and services plan in his or her contract of participation (COP) and be employed full-time on the last effective day of the COP.

Suitable employment is any full-time employment that is obtained by the FSS head of household. The FSS program requires that FSS participants obtain full time employment equivalent to 32 or more hours per week. Program participants may work at multiple jobs in order to meet this requirement.
18-I.D. CONSEQUENCES OF NONCOMPLIANCE WITH THE CONTRACT Consequences apply for families who do not meet the terms and conditions of the contract.

The regulations require that the contract of participation specify that if the FSS family fails to comply, without good cause, with the terms and conditions of the contract (including compliance with the public housing lease or the HCV-assisted lease), the PHA may:
• Withhold supportive services
• Terminate the family's participation in the FSS program • In an HCV FSS program, terminate or withhold the family’s HCV program assistance However, the PHA may not terminate or withhold the family’s HCV program assistance if the only basis for noncompliance with the contract of participation is noncompliance with the lease or failure to become independent from welfare assistance. Still, failure to become independent from welfare assistance because of failure of the head of household to meet the employment obligation specified in the contract, or failure of the FSS family to meet any other obligation under the contract of participation (except the interim goal concerning welfare assistance) is grounds for the PHA to terminate or withhold HCV program assistance [24 CFR 984.303(b)(5)]. PHA policy regarding termination of HCV program assistance due to failure to comply with the requirements of the COP without good cause is found in Section 5-II.G. of this action plan.

PHA Policy
The contract of participation (COP) will be terminated before the expiration of the contract term if the participant fails to meet, without “good cause,” their obligations as outlined in the COP. If the participant fails to meet its obligations outlined in the COP, the FSS coordinator, or their designee, will first consult with the family to reassess the need for supportive services or a change in the individual training and services plan (ITSP). Then, if a reassessment of supportive services or a change in the ITSP is not successful in bringing the family in compliance, the FSS coordinator will withhold supportive services for no more than 90 days until the participant meets their obligations outlined in the COP.

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Finally, if neither of these alternatives is successful, the FSS coordinator will terminate the COP for failure to complete the tasks, interim goals, or final goals of the ITSP in a timely manner, and thus failure to complete the obligations outlined in the COP.

The FSS coordinator will make an exception to the actions in terminating the COP if the participant can demonstrate “good cause” for the failure to meet its obligations as outlined in the COP.

For purposes of the PHA FSS program, good cause includes:

Family circumstances
Death in the family
Serious illness
Medical emergency
Mandatory court appearances
Involuntary loss of employment
Loss of head of household through death, incarceration, or removal from lease
Change in the ITSP improving progress toward economic self-sufficiency Community circumstances
Significant reduction in workforce (over 20 percent reduction in employment field)
Significant interruption in service delivery (over 3 month’s interruption) Provider noncompliance with regulation
Provider unable/unwilling to provide service
Provider offering inferior service

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PART II. CONTRACT SPECIFICATIONS
18-II.A. OVERVIEW
In addition to making clear the family’s obligations under the program, the contract of participation contains specific terms and conditions, including those governing contract modifications, terminations, and grievance procedures. This part describes those specifications and associated policy.
18-II.B. CONTRACT TERM [24 CFR 984.303(c)]
The contract term is five years. This means that the family has no more than five years from the effective date of the contract of participation (COP) to fulfill their obligations as specified in the contract. This five-year term requirement will be specified in the COP.

Contract Extension [24 CFR 984.303(d)]
While the term set forth in the contract of participation is for five years, contract extensions are possible. According to regulation, PHAs will for “good cause” extend the term of the contract for a period not to exceed two years for any FSS family that requests an extension of the contract in writing. The family’s written request for an extension must include a description of the need for the extension. Good cause means circumstances beyond the control of the FSS family, as determined by the PHA, such as a serious illness or involuntary loss of employment (further defined by PHA policy in Section 5-I.D.). Extension of the contract of participation will entitle the FSS family to continue to have amounts credited to the family’s FSS account.

PHA Policy
FSS contract extension requests should be submitted to the FSS Coordinator before the FSS contract end date. Contract extension requests should be submitted to the FSS Coordinator a minimum of six months before an FSS participant’s contract expires. The PHA will not accept requests for contract extensions when the mandatory minimum requirement program size has been met and the PHA is phasing out the program 18-II.C. MODIFICATION OF THE CONTRACT
The contract of participation (COP) does have the ability to be modified, as long as the PHA and the FSS family mutually agree to modify it. This includes modifications in writing with respect to the individual training and services plans (ITSPs), the contract term (See Section 5- II.B. above), and designation of the head of the family [24 CFR 984.303(f)].

In addition, the PHA may also delete the line in the COP under “Corrective Actions to Meet Family Responsibilities” stating that if the family is participating in the HCV program, the PHA may terminate HCV assistance when allowed by HUD requirements. Mutual agreement is not needed for this modification [Notice PIH 95-5]. Termination of HCV assistance is covered in further detail in Section 5-II.G.The conditions under which the PHA will modify the contract are set forth in the policy below.

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PHA Policy
In the PHA’s FSS program, the COP will be modified by mutual agreement between the PHA and the head of household:

When modifications to the ITSP improve the participant’s ability to complete their obligations in the COP or progress toward economic self- sufficiency When the designated head of the FSS family ceases to reside with other family members in the assisted unit, and the remaining family members, after consultation with the public housing or HCV program representative, designate another family member to be the head of household and receive escrow funds When a relocating family is entering the FSS program of a receiving PHA and the start date of the COP must be changed to reflect the date the new COP is signed with the receiving PHA
The PHA will also remove the line under “Corrective Actions to Meet Family Responsibilities” stating that if the family is participating in the HCV program, the PHA may terminate the assistance when allowed by HUD requirements. 18-II.D. COMPLETION OF THE CONTRACT
By regulation, the contract of participation is considered to be completed, and a family’s participation in the FSS program is considered to be concluded when one of the following occurs [24 CFR 984.303(g)]:
• The FSS family has fulfilled all of its obligations under the contract of participation on or before the expiration of the contract term, including any extension thereof. • 30 percent of the monthly adjusted income of the FSS family equals or exceeds the published existing housing fair market rent for the size of the unit for which the FSS family qualifies based on the PHA’s occupancy standards. The contract of participation will be considered completed and the family’s participation in the FSS program concluded on this basis even though the contract term, including any extension thereof, has not expired, and the family members who have individual training and services plans have not completed all the activities set forth in their plans.

Policies on verifying completion of the contract of participation can be found in Section 6-I.C. of this action plan.
18-II.E. TRANSITIONAL SUPPORTIVE SERVICE ASSISTANCE
Even after a family has completed the contract of participation, a PHA may continue to offer appropriate FSS supportive services to a former FSS family whose head of family is employed.

If the family still resides in public housing, or HCV-assisted housing, these supportive services would be offered for becoming self-sufficient. If the family no longer resides in public housing, HCV-assisted housing, or other assisted housing, these supportive services would be offered for remaining self-sufficient [24 CFR 984.303(j)].

PHA Policy

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The PHA will continue to offer supportive services to a former FSS family who has completed its contract of participation, and whose head of family is employed if funding is available.
18-II.F. TERMINATION OF THE CONTRACT
The contract of participation may be terminated before the expiration of the contract term and any extension of the contract by the following [24 CFR 984.303(h)]:
• Mutual consent of the parties
• Failure of the FSS family to meet its obligations under the contract of participation without good cause, including in an HCV FSS program the failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA • The family’s withdrawal from the FSS program
• Such other act as is deemed inconsistent with the purpose of the FSS program • Operation of law
PHA Policy
The COP will be terminated before the expiration of the contract term, and any extension thereof, for any of the following reasons:

Mutual consent of the parties
Failure of the FSS family to meet its obligations under the contract of participation without good cause
In an HCV FSS program, failure to comply with the contract requirements because the family has moved outside the jurisdiction of the PHA without continued assistance under portability
Family’s withdrawal from the FSS program
Such other act as is deemed inconsistent with the purpose of the FSS program Operation of law
If the FSS family faces termination due to failing to meet, without good cause, its obligations under the COP, the PHA will follow the relevant policy specified in Section 5- I.D. of this action plan.

Good cause for the purposes of the FSS program is also defined in Section 5-I.D.

In addition, the contract of participation is automatically terminated if the family’s HCV assistance is terminated in accordance with HUD requirements [24 CFR 984.303(h)]. 18-II.G. OPTION TO TERMINATE SECTION 8 HOUSING AND SUPPORTIVE SERVICE ASSISTANCE [24 CFR 984.303(i)]
As touched upon in Section 5-I.D. of this action plan, the PHA has the option to terminate or

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withhold HCV housing assistance, supportive services, and the FSS family’s participation in the FSS program, if the PHA determines (in accordance with the hearing procedures provided in 24 CFR 982.555) that the FSS family has failed to comply without good cause with the requirements of the contract of participation.

PHA Policy
The PHA will not withhold or terminate HCV housing assistance if the PHA determines that the FSS family failed to comply without good cause with the requirements of the COP unless the actions prompting termination of the FSS COP would also, independently, prompt termination of the HCV voucher.
18-II.H. NULLIFICATION OF CONTRACT FOR UNAVAILABILITY OF SUPPORTIVE SERVICES [24 CFR 984.303(e)]
In addition to termination, the contract of participation can also be ended ahead of time as a result of integral supportive services being unavailable. This, however, should only occur as a last resort:
• If a social service agency fails to deliver the supportive services pledged under an FSS family member’s individual training and services plan (ITSP), the PHA must make a good faith effort to obtain these services from another agency. • If the PHA is unable to obtain the services from another agency, the PHA must reassess the family member’s needs and determine whether other available services would achieve the same purpose.
• If other available services would not achieve the same purpose, the PHA shall determine whether the unavailable services are integral to the FSS family’s advancement or progress toward self-sufficiency.
• If the unavailable services are not integral to the FSS family’s advancement toward selfsufficiency, the PHA must revise the ITSP, delete these services, and modify the contract of participation to remove any obligation on the part of the FSS family to accept the unavailable services.
• If the unavailable services are determined to be integral to the FSS family’s advancement toward self-sufficiency (which may be the case if the affected family member is the head of the FSS family), the PHA shall declare the contract of participation null and void.

Nullification of the contract of participation on the basis of unavailability of supportive services shall not be grounds for termination of HCV assistance. 18-II.I. GRIEVANCE PROCEDURES
When adverse action is taken by the PHA against a family, the PHA is required to provide a grievance hearing in the public housing program, or an informal hearing in the housing choice voucher program [24 CFR 966 subpart B, 24 CFR 982.554].

According to regulatory requirements, the FSS action plan must contain the grievance and hearing procedures available for FSS families against whom the PHA has taken adverse action

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with regards to FSS [24 CFR 984.201(d)(9)].

PHA Policy
The grievance and informal hearing procedures for the FSS program will be the same as the grievance and hearing procedures adopted for the public housing and housing choice voucher programs in the PHA’s admissions and continued occupancy policy and administrative plan, respectively (See Chapter 16 of the SMHA Administrative Plan).

Adverse actions taken within the FSS program include:

Denial of admission into the FSS program
Denial of request for supportive services
Denial of request to change the ITSP
Denial of request to change the head of household
Denial of request for interim disbursement of the escrow account Denial of request to complete the COP
Denial of a request for extension to the FSS COP
Denial of request for final distribution of the escrow account or any portion thereof
Withholding of support services
Termination of the FSS COP
Withholding of HCV rental assistance, when the PHA operates an HCV FSS program
Termination of HCV rental assistance, when the PHA operates an HCV FSS program
Denial of transitional services

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ESCROW ACCOUNT

INTRODUCTION
The establishment of an escrow account is offered as a financial incentive to families for participation in the FSS program. Generally, under this incentive, the amount of an increase in family rent resulting from an increase in earned income is escrowed. That is, usually a family’s rent or share of the rent goes up when the family experiences an increase in earned income.

In the FSS program, this is still the case, but the part of the rent representing the increase is deposited into an account as an escrow credit. The funds from this escrow account then become available to FSS families upon successful completion of their contracts of participation.

This chapter explains how the FSS escrow account works, including calculating the amount of the escrow credit and disbursing the funds, and also covers the proper way for the PHA to manage and report on the account.

This chapter contains two parts:

Part I: The Escrow Account: This part provides an overview of how the escrow account works, including calculating the escrow credit and disbursing the funds upon completion of the contract of participation.

Part II: Escrow Fund Accounting and Reporting: This part describes the requirements for managing the escrow account, including both accounting and reporting requirements.

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PART I. THE ESCROW ACCOUNT
18-I.A. OVERVIEW
As an integral incentive to the FSS program, it is very important to have clear-cut policy spelling out how the escrow account works. This includes policy regarding the calculation of the FSS credit amount, the disbursement of FSS account funds, the use of account funds for homeownership, and forfeiture of the FSS escrow account. 18-I.B. CALCULATING THE FSS CREDIT AMOUNT
For FSS families who are very low-income families, the FSS credit is the lesser of 30 percent of current monthly adjusted income less the family rent, or the current family rent less the family rent at the time of the effective date of the contract of participation. The family rent is obtained by disregarding any increases in earned income (as defined in 24 CFR 984.103) from the effective date of the contract of participation. For FSS families who are considered lowincome families but not very low-income families, the FSS credit is calculated in the same manner but cannot exceed the amount computed for 50 percent of the median income [24 CFR 984.305(b)(1)].

FSS families who are not low-income families are not entitled to any FSS credit [24 CFR 984.305(b)(2)].

Determination of Family Rent and Total Tenant Payment
For purposes of determining the FSS credit, family rent for the public housing program is the total tenant payment as defined in 24 CFR Part 5, subpart F. For the HCV program, family rent is 30 percent of adjusted monthly income [24 CFR 984.305(b)(1)].

Total tenant payment for a family participating in the public housing FSS program is determined in accordance with the regulations set forth in 24 CFR Part 913.

Increases in FSS Family Income [24 CFR 984.304]
As described in the FSS credit calculations above, any increases in family earned income resulting in increases in family rent become deposited in the escrow account. For this reason, and because of the nature of the FSS account, any increase in the earned income of an FSS family during its participation in an FSS program may not be considered as income or a resource for purposes of eligibility of the FSS family for other benefits, or amount of benefits payable to the FSS family, under any other program administered by HUD, unless the income of the FSS family equals or exceeds 80 percent of the area median income (as determined by HUD, with adjustments for smaller and larger families).

Cessation of FSS Credit [24 CFR 984.305(b)(3)]
The PHA will not make any additional credits to the FSS family’s FSS account when the family has completed the contract of participation, or when the contract of participation is terminated or otherwise nullified.

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18-I.C. DISBURSEMENT OF FSS ACCOUNT FUNDS
Disbursement at Completion of Contract [24 CFR 984.305(c)(1)] When the contract has been completed according to regulation, the amount in an FSS account in excess of any amount the FSS family owes to the PHA will be paid to the head of the FSS family. However, in order to receive the disbursement, the head of the FSS family must submit a certification (as defined in §984.103) to the PHA at the time of contract completion that, to the best of his or her knowledge and belief, no member of the FSS family is a recipient of welfare assistance.

Disbursement before Expiration of Contract Term
FSS account funds may also be disbursed before the end of the contract term. If the PHA determines that the FSS family has fulfilled its obligations under the contract of participation before the expiration of the contract term and the head of the FSS family submits a certification that, to the best of his or her knowledge, no member of the FSS family is a recipient of welfare assistance, the amount in the family’s FSS account in excess of any amount the family owes to the PHA will be paid to the head of the FSS family [24 984.305(c)(2)(i)].

In addition, the PHA may at its sole option disburse FSS account funds before completion of the contract if the family needs a portion of the funds for purposes consistent with the contract of participation and the PHA determines that the FSS family has fulfilled certain interim goals established in the contract of participation. Such cases could include using the funds to assist the family in meeting expenses related to completion of higher education (e.g., college, graduate school) or job training, or to meet start-up expenses involved in creation of a small business [24 984.305(c)(2)(ii)].

PHA Policy
The PHA will disburse a portion of the FSS escrow account funds before completion of the COP if the PHA determines that the family has fulfilled certain interim goals and requires a portion of their FSS escrow account funds for purposes consistent with the contract of participation. Interim disbursements should not significantly deplete an FSS participants’ escrow account, however, amounts approved for disbursement will be determined based on how critical the requested disbursement is in assisting the FSS participant in accomplishing their final FSS ITSP goals. Housing Manager will review and approve all requests for disbursement.

Verification of Family Certification at Disbursement
Interim disbursement may only occur after the family has completed certain interim goals and funds are needed in order to complete other interim goals. Final disbursement can only occur after the family has completed the contract of participation and all members are welfare-free as defined by regulation. Because of this, it follows that the PHA may require verification for the completion of interim goals or the contract of participation.

Before final disbursement of the FSS account funds to the family, the PHA may verify that the FSS family is no longer a recipient of welfare assistance by requesting copies of any documents which may indicate whether the family is receiving any welfare assistance, and by contacting welfare agencies [24 CFR 984.305(c)(3)].

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HUD provides verification guidance in Notice PIH 2010-19. This guidance is mandatory for the public housing and housing choice voucher programs. The PHA’s ACOP and/or Administrative Plan must contain verification policies following the hierarchy in this notice. The policies contained in the PHA’s ACOP and Administrative Plan cover verification policies related to the FSS program in general. However, determining the need for interim disbursements may require more clarification as to what constitutes an acceptable third-party source.

PHA Policy
The PHA will require verification that the FSS family has completed certain interim goals (for interim disbursements), or has completed the contract of participation, and that the FSS family is no longer a recipient of welfare assistance (for final disbursements), as relevant, before making interim and final disbursements.

The PHA will follow HUD’s verification hierarchy set forth in Notice PIH 2010-19 to make these verifications. However, when necessary, the PHA will use a knowledgeable professional as a third-party source to verify the need for interim disbursements.

Succession to FSS Account [24 CFR 984.305(d)]
FSS account funds should be disbursed to the head of the FSS family. However, if the head of the FSS family no longer resides with the other family members in the public housing or the HCV-assisted unit, the remaining members of the FSS family, after consultation with the PHA, have the right to designate another family member to receive the funds. 18-I.D. USE OF FSS ACCOUNT FUNDS FOR HOMEOWNERSHIP
According to regulation, a public housing FSS family may use its FSS account funds for the purchase of a home, including the purchase of a home under one of HUD’s homeownership programs, or other federal, state, or local homeownership programs, unless the use is prohibited by the statute or regulations governing the particular homeownership program [24 CFR 984.305(e)].

Homeownership is just one option for use of the FSS account funds. PHAs may not restrict the use of escrow funds at contract completion [Notice PIH 93-24, C-13]. 18-I.E. FORFEITURE OF FSS ACCOUNT FUNDS
Amounts in the FSS account will be forfeited when the contract of participation is terminated, or when the contract of participation is completed by the family (see Section 5-II.D. of this action plan) but the FSS family is receiving welfare assistance at the time of expiration of the term of the contract of participation, including any contract extension [24 CFR 984.305(f)(1)].

Treatment of Forfeited FSS Account Funds
Treatment of forfeited FSS account funds differ depending on the type of FSS program the PHA operates. For public housing FSS programs, FSS account funds forfeited by the FSS family will be credited to Other Income and will become part of Unrestricted Net Assets. Forfeited FSS account funds will be counted as other income in the determination of operating subsidy eligibility for the next budget year [24 CFR 984.305(f)(2)(i)].

In the housing choice voucher program, forfeited FSS account funds will be treated as program receipts for payment of program expenses under the PHA budget for the program, and will be

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used in accordance with HUD requirements governing the use of program receipts [24 CFR 984.305(f)(2)(i)].

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PART II. ESCROW FUND ACCOUNTING AND REPORTING
18-II.A. OVERVIEW
Regulations set forth specific requirements involving the accounting and reporting for the FSS escrow account. This part describes those requirements and the PHA policy necessary for managing the account from the PHA perspective.
18-II.B. ACCOUNTING FOR FSS ACCOUNT FUNDS
When establishing FSS escrow accounts, the PHA must deposit the FSS account funds of all families participating in the PHA’s FSS program into a single depository account for each (public housing or HCV) program. In addition, the funds held in this account must be invested in one or more of the HUD-approved investments [24 CFR 984.305].

The total of the combined FSS account funds will be supported in the PHA accounting records by a subsidiary ledger showing the balance applicable to each FSS family. During the term of the contract of participation, the PHA periodically, but not less than annually, credits the amount of the FSS credit (see Section 6-I.B.) to each family’s FSS account [24 CFR 984.305(a)(2)(i)].

PHA Policy
The PHA will credit the amount of the FSS credit(s) to each family’s account on a monthly basis.

Proration of Investment Income [24 CFR 984.305(a)(2)(ii)] Because the FSS account funds are to be invested, the investment income for those funds in the FSS account will also need to be credited to each family’s account. By regulation, these funds are to be prorated and credited to each family’s FSS account based on the balance in each family’s FSS account at the end of the period for which the investment income is credited.

PHA Policy
Each month the full amount of the investment income for funds in the housing choice voucher FSS account will be prorated and credited to each family’s subsidiary line item after this line item has been reduced by the amount of unpaid rent and other amounts due under the HCV-assisted lease.

Reduction of Amounts Due by FSS Family [24 CFR 984.305(a)(2)(iii)] If the FSS family has not paid the family contribution towards rent, or other amounts, if any, due under the public housing or HCV-assisted lease, the balance in the family’s FSS account shall be reduced by that amount (as reported by the owner to the PHA in the HCV FSS program) before prorating the interest income. If the FSS family has fraudulently underreported income, the amount credited to the FSS account will be based on the income amounts originally reported by the FSS family.

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18-II.C. REPORTING ON THE FSS ACCOUNT
Each PHA is required to make a report, at least once annually, to each FSS family on the status of the family’s FSS account.

At a minimum, the report must include [24 CFR 984.305(a)(3)]:
• The balance at the beginning of the reporting period
• The amount of the family’s rent payment that was credited to the FSS account, during the reporting period
• Any deductions made from the account for amounts due the PHA before interest is distributed
• The amount of interest earned on the account during the year • The total in the account at the end of the reporting period PHA Policy
The PHA will provide FSS participants an annual statement on the status of their FSS escrow account.

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PORTABILITY IN HOUSING CHOICE VOUCHER FSS PROGRAMS

INTRODUCTION
PHAs operating HCV FSS programs must be familiar with the rules and regulations regarding portability under the housing choice voucher program. As with the case of portability in the HCV program in general, the FSS family may move outside the initial PHA jurisdiction under portability procedures after the first 12 months of the FSS contract of participation [24 CFR 984.306].

In the event that an FSS family chooses to exercise portability, certain special requirements regarding the FSS program would apply. This chapter describes the obligations of the initial PHA, the receiving PHA, and the FSS family under portability, in addition to any special stipulations regarding portability in the FSS context.

This chapter contains two parts:

Part I: Portability in the FSS Program: This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation when a family moves into or from another PHA’s jurisdiction.

Part II: The Effects of Portability on FSS Regulations and Policy: This part describes the specific ways in which portability affects different aspects of the FSS program, including the escrow account, program termination, loss of the FSS account, and termination of HCV program assistance.

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PART I: PORTABILITY IN THE FSS PROGRAM
18-I.A. OVERVIEW
Portability is a statutory feature of the housing choice voucher program—it is included in the law. As such, PHAs operating an HCV FSS program need to understand the effects that portability will have on HCV FSS families and program operation. This part provides a general overview of portability in the FSS program, including the residency requirements for FSS portability and management of the contract of participation when a family moves into or from another PHA’s jurisdiction.
18-I.B. DEFINITIONS
For the purposes of portability with regards to the FSS program, the following definitions will be used [24 CFR 982.4, 24 CFR 984.306].
• Initial PHA means both:

1. A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and

2. A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.
• Receiving PHA means a PHA that receives a family selected for participation in the tenantbased program of another PHA. The receiving PHA either absorbs the family into its program, including issuing a voucher and providing rental assistance to the family, or bills the initial PHA for the family’s housing assistance payments and the fees for administering the family’s voucher.
• Relocating FSS Family refers to an FSS family that moves from the jurisdiction of a PHA at least 12 months after signing its contract of participation. 18-I.C. RESIDENCY REQUIREMENTS
Families participating in an HCV FSS program are required to lease an assisted unit within the jurisdiction of the PHA that selected the family for the FSS program for a minimum period of 12 months after the effective date of the contract of participation. However, the initial PHA may approve a family’s request to move outside its jurisdiction under portability during this period [24 CFR 984.306(b)(1)].

PHA Policy
The PHA will approve a family’s written request to move outside its jurisdiction under portability during the first 12 months after the effective date of the contract of participation if needed for training, education, employment, support services, or to meet personal family needs.

After the first 12 months of the FSS contract of participation, the FSS family may move outside the initial PHA jurisdiction under portability procedures regardless of PHA approval [24 CFR 984.306(b)(2)].

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18-I.D. CONTRACT OF PARTICIPATION
Once a family moves outside the initial PHA’s jurisdiction, a determination will need to be made regarding whether the family will continue to participate in the initial PHA’s FSS program or whether it will participate in the FSS program of the receiving PHA.

Continued Participation in the FSS program of the Initial PHA A relocating FSS family may continue in the FSS program of the initial PHA if the family demonstrates to the satisfaction of the initial PHA that, notwithstanding the move, the relocating FSS family will be able to fulfill its responsibilities under the initial or modified contract of participation at its new place of residence. For example, this could mean that the FSS family may be able to commute to the supportive services specified in the contract of participation, or the family may move to obtain employment as specified in the contract [24 CFR 984.306(c)].

PHA Policy
The PHA will approve a relocating family’s request to continue in its FSS program if the family demonstrates to the PHA’s satisfaction that, notwithstanding the move, the relocating FSS family will be able to fulfill its responsibilities under the existing or modified contract of participation at its new place of residence.

Should the relocating family stay in the initial PHA’s FSS program, there will be only one contract of participation. This will be the same contract as originally executed by the initial PHA [24 CFR984.306(c)(2)].

Participation in the FSS Program of the Receiving PHA
When a family moves into the jurisdiction of another PHA, the relocating FSS family may participate in the FSS program of the receiving PHA if the receiving PHA allows the family to do so. However, a PHA is not obligated to enroll a relocating FSS family in its FSS program [24 CFR 984.306(d)(1)].

PHA Policy
The PHA, as the receiving housing authority, will not allow a relocating FSS family to participate in its FSS program if the family owes money to any PHA, needs an essential service that is not available in its community, or participated in its FSS program in the past and did not complete.

In cases where the receiving PHA allows the relocating FSS family to participate in its FSS program, the receiving PHA will enter into a new contract of participation with the FSS family for the term remaining on the contract with the initial PHA. The initial PHA will then terminate its contract of participation with the family [24 CFR 984.306(d)(2)].

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PART II: THE EFFECTS OF PORTABILITY ON FSS REGULATIONS AND POLICY 18-II.A. OVERVIEW
The regulations set forth under the FSS program will sometimes be affected by the regulations of the public housing and housing choice voucher programs. Portability, as an integral part of the housing choice voucher program, is an excellent example of how HCV regulations can in turn affect FSS program operation. This part describes the specific ways in which portability affects different aspects of the FSS program, including the escrow account, program termination, loss of the FSS account, and termination of HCV program assistance. 18-II.B. PORTABILITY AND THE ESCROW ACCOUNT [24 CFR 984.306(e)] The escrow account is one aspect of the FSS program that could present an issue if a participant family decides to move under portability because the family’s account is administered by the initial PHA. Regardless of whether the relocating FSS family remains in the FSS program of the initial PHA or is enrolled in the FSS program of the receiving PHA, FSS regulations specify that there will be a single FSS account to be maintained by the initial PHA so long as the initial PHA is ultimately paying the housing assistance payment. However, when an FSS family is absorbed by the receiving PHA, the initial PHA transfers the family’s FSS account to the receiving PHA, and the receiving PHA begins administering the account. 18-II.C. PROGRAM TERMINATION, LOSS OF FSS ACCOUNT, AND TERMINATION OF SECTION 8

ASSISTANCE
Another point of consideration for PHAs is noncompliance with the contract of participation when the FSS participant family moves outside of the PHA’s jurisdiction. In such cases, noncompliance with the contract is treated the same under portability as it is if the noncompliance occurred in the initial PHA’s jurisdiction. According to the regulatory language, if an FSS family that relocates to another jurisdiction is unable to fulfill its obligations under the contract of participation (or any modifications to the contract), the PHA administering the contract may either terminate the FSS family from the FSS program and the family’s FSS account will be forfeited; or, the PHA may terminate the FSS family from the FSS program and the family’s FSS account will be forfeited, and terminate the FSS family’s HCV program assistance on the grounds that the family failed to meet its obligations under the contract of participation [24 CFR 984.306(f)(1)].

PHA policy regarding the consequences of noncompliance with the FSS contract of participation can be found in Section 5-I.D. of this action plan. Good cause is likewise defined in this section.

PHA policy regarding the termination of HCV program assistance due to failure to comply with the contract of participation is written in Section 5-II.G. of this action plan.

In the event of forfeiture of the family's FSS account, the funds in the family’s FSS account will revert to the PHA maintaining the FSS escrow account for the family [24 CFR 984.306(f)(2)].

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CHAPTER 19 : CONTINUUM OF CARE (COC)
PART I: OVERVIEW OF THE COC PROGRAM
19-I.A. OVERVIEW
The Continuum of Care (CoC) Program is a McKinney-Vento Homeless Assistance Program administered by HUD. It is designed to assist individuals (including unaccompanied youth) and households experiencing homelessness and to provide the services needed to help such individuals move into supportive and permanent housing with the goal of long-term stability.

More broadly, the program is designed to promote community-wide planning and strategic use of resources to address homelessness; improve coordination and integration with mainstream resources and other programs targeted to people experiencing homelessness; improve data collection and performance measurement; and allow each community to tailor its program to the particular strengths and challenges within that community.

The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act. Among other changes, the HEARTH Act consolidated the three separate McKinney-Vento homeless assistance programs (Supportive Housing program, Shelter Plus Care program, and Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) program) into a single grant program known as the Continuum of Care (CoC) program. The CoC interim rule was published by HUD in the Federal Register on July 31, 2012 and was updated on April 1, 2017. The rule now governs the CoC program.

CoC funding is subject to federal funding availability and is a competitive annual process 19-I.B. PURPOSE [24 CFR 578.1]
The CoC program is authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to assist sheltered and unsheltered homeless people by providing the housing and/or services needed to help individuals move into supportive permanent housing, with the goal of long-term stability.

According to 24 CFR Part 578.1(b), the primary purpose of the CoC program is to:
• Promote community-wide commitment to the goal of ending homelessness. • Provide funding for efforts by nonprofit providers, states, and local governments to rehouse homeless individuals and households rapidly while minimizing the trauma and dislocation caused to homeless individuals, households, and communities as a consequence of homelessness.

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• Promote access to and effective use of mainstream programs by homeless individuals and households.
• Optimize self-sufficiency among individuals and households experiencing homelessness. 19-I.C. PROGRAM COMPONENTS [24 CFR 578.37]
The CoC program can be used to fund five program components: permanent housing; transitional housing; supportive services only; Homeless Management Information System (HMIS); and, in some cases, homelessness prevention.

PHA Policy
The PHA receives funds for the permanent housing component only.

The PHA provides permanent supportive housing assistance through two different models of rental assistance:

Scattered site housing assistance: The PHA issues an eligible household a voucher, based on availability, and the household selects an apartment of its choice within the City of Santa Monica geographic area. If the household moves out of the apartment, the contract with the owner ends and the household can move with continued assistance to another apartment.

Site specific housing assistance: The PHA refers an eligible household to a specific property run by a nonprofit organization, based on their service needs and availability. If the household no longer requires site-specific housing, and wishes to move, the household must fill out a move request or apply for the CoC graduate program (see Section 19X.D.). 19-I.D. ELIGIBLE COSTS
RENTAL ASSISTANCE [24 CFR 578.51]
Grant funds may be used for rental assistance for homeless individuals and households. Rental assistance cannot be provided to a program participant who is already receiving rental assistance or living in a housing unit receiving rental assistance or operating assistance through other federal, state, or local sources.

The PHA is awarded HUD funds for CoC program rental assistance to serve individuals and families who meet the DedicatedPLUS definition and where the applicant or at least one member of the household has been diagnosed with at least one of the following:
• Chronic physical illness or disability
• Substance use disorder

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• Serious mental illness
• Developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002) • Post-traumatic stress disorder
• Cognitive impairments resulting from brain injury
Definition of DedicatedPLUS per HUD Notice of Funding Availability for 2017:

Individuals and households who are:

1. Chronically homeless as defined in 24 CFR 578.3:
a. An individual who:
i. Is homeless and lives in a place not meant for human habitation, a safe haven, or an emergency shelter; and
ii. Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter continuously for at least one year or on at least four separate occasions in the last three years; and
iii. Can be diagnosed with one or more of the following conditions:
substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002)), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability;
b. An individual who:
i. Has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph 1 of this definition, before entering that facility; or ii. A household with an adult head of household (or if there is no adult in the household, a minor head of household) who meets all of the criteria in paragraph 1 of this definition, including a household whose composition has fluctuated while the head of household has been homeless.

2. Residing in a transitional housing project that will be eliminated and meets the definition of chronically homeless in effect at the time in which the individual or household entered the transitional housing project;

3. Was experiencing chronic homelessness, had been placed in permanent housing within the last year, but was unable to maintain the housing, and as a result currently residing in a place not meant for human habitation, emergency shelter, or safe haven;

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4. Residing in transitional housing funded by a Joint Transitional Housing and Permanent Housing Rapid Re-Housing component project and who were experiencing chronic homelessness prior to entering the project;

5. Residing and has resided in a place not meant for human habitation, a safe haven, or emergency shelter for at least 12 months in the last three years, but has not done so on four separate occasions; or

6. Receiving assistance through a Department of Veterans Affairs (VA)-funded homeless assistance program and met one of the above criteria at initial intake to the VA's homeless assistance system.
19-I.E. SUPPORTIVE SERVICES
The City of Santa Monica Community & Cultural Services Department, Human Services Division administers supportive services funds through its Human Services Grants Program (HSGP).

Funding awarded through the HSGP comes from multiple sources both locally and nationally, including the City’s General Fund, City development agreements, Los Angeles County Proposition A, and federal entitlement (CDBG) and federal competitive grants. The City of Santa Monica enters into contractual agreements with non-profit agencies that provide services to applicants and participants of the CoC program. These agencies provide the following eligible types of supportive services:
• Annual assessment of service needs
• Assistance with moving costs
• Case management
• Child care operations or vouchers
• Education services
• Employment assistance and job training
• Food (meals or groceries for program participants)
• Housing search and counseling
• Legal services
• Life skills training
• Outpatient mental health services
• Outpatient health services
• Outreach services
• Outpatient substance abuse treatment services
• Transportation
• Utility deposits

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19-I.F. MATCH REQUIREMENT [24 CFR 578.73]
The PHA must match all grant funds, except for leasing funds, with no less than 25 percent of funds or in-kind contributions from other sources. . The PHA may use the value of any real property, equipment, goods, or services contributed to the project as match.

Before grant execution, services to be provided by a third party must be documented by a contractual agreement between the PHA and the third party that will provide the services.

Services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the PHA. If the PHA does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market.

The contractual agreement must establish the unconditional commitment, except for selection to receive a grant, by the third party to provide the services, the specific service to be provided, the profession of the persons providing the service, and the hourly cost of the service to be provided.

During the term of the grant, the PHA must keep and make available, for inspection, records documenting the service hours provided.

All CoC applicants must be registered on the Santa Monica Service Registry prior to applying for the program. The City of Santa Monica will only provide matching funds for those program participants who are recorded on the Santa Monica Service Registry.

The PHA will calculate and document services provided to CoC participants to meet the matching service dollars requirement of the grants based on the Human Services Division grant and reporting in the Homeless Management Information System (HMIS). Human Services will provide the PHA with annual reports documenting the supportive services match provided by the referral agencies and any other service providers in the community. The match reports will contain information relevant to services and in-kind match provided as the service provider’s contribution to the project. Match reports are due to the PHA no later than one month after the end of the grant’s operating year, May 31. Referral agencies must maintain individual match records on every CoC program participant and must submit the summary report to the PHA.

Referral agencies must utilize HMIS for intake, service provision, and program exit data collection as required by HUD and the City of Santa Monica Human Services Division. The Human Services Division has developed procedures and reporting formats to collect and compile this information and oversee the HMIS system.

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19-I.G. RENEWALS [24 CFR 578.33]
Awards made under this part and title IV of the Act, as in effect before August 30, 2012 (the Supportive Housing Program and the Shelter Plus Care program), may be renewed to continue ongoing leasing, operations, supportive services, rental assistance, HMIS, and administration beyond the initial funding period. To be considered for funding, recipients must submit a request in a form specified by HUD, must meet the requirements of this part, and must submit the request within the time frame established by HUD. Renewals of rental assistance may be for up to one year.
19-I.H. COC POLICIES AND PROCEDURES
The PHA receives annual funding for the CoC program as a member of The Los Angeles Housing Services Authority (LAHSA) Continuum of Care. It is the CoC coordinating body that determines whether or not a CoC grant application is eligible to be submitted to HUD for renewal consistent with HUD criteria and priorities established countywide. [24 CRF 578.9 (a) (3)] LAHSA CoC provides for the consultation and participation of not less than one homeless or formally homeless individual to serve on the board of directors. [24 CFR 578.5 (b) (2)] The Santa Monica Housing Commission, which serves as the advisory board for the PHA, reviews and provides input on policies and procedures. The Santa Monica City Council, which serves as the Board of Directors for the PHA, adopts policies and procedures annually.

The CoC program policies and procedures are modeled similarly to the Section 8 Housing Choice Voucher (HCV) program, except as otherwise noted in this document. If there is a conflict between program regulations and this plan, the program regulations have precedence.

PART II: FAIR HOUSING AND EQUAL OPPORTUNITY
(Refer to THE PHA Administrative Plan Chapter 2, pages 2.2 to 2.19)

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PART III: ELIGIBILITY
(Refer to THE PHA Administrative Plan, Chapter 3, pages 3.2 to 3.37) 19-III.A. EVIDENCE OF ELIGIBILITY
In addition to the evidence of eligibility required under the Section 8 HCV program, an applicant must provide evidence that they meet the definition of the DedicatedPLUS and at least one member of the household (can be a child) has a disabling condition at the time of application.

Evidence of Meeting DedicatedPLUS Definition:

Evidence of an individual or household’s current living situation as well as prior living situation may be documented, in the following order of priority, by:

1. Third party verification such as a letter from a shelter verifying applicant’s stay there;

2. A written referral by housing or service provider;

3. A written documentation of observation by an outreach worker;

4. Certification by the household seeking assistance (only if above documents are not obtainable) that demonstrates that the individual or head of household is currently homeless and living in a place not meant for human habitation, in an emergency shelter, or a safe haven.

Evidence of Applicant’s Disabling Condition
Evidence is required of diagnosis with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002), posttraumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability. Evidence of this condition must include one of the following:

1. Written verification of the condition from a professional licensed by the state to diagnose and treat the disability and his or her certification that the disability is expected to be long-continuing or of indefinite duration and substantially impedes the individual’s ability to live independently.

2. Written verification from the Social Security Administration;

3. Copies of a disability check (e.g., Social Security Disability Insurance check or Veterans Disability Compensation);

4. Intake staff (or referral staff) observation that is confirmed by written verification of the condition from a professional licensed by the state to diagnose and treat the condition

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that is confirmed no later than 45 days of the application for assistance and accompanied with one of the types of evidence above; or other documentation approved by HUD.
19-III.B. DENIAL OF ASSISTANCE
(Refer to THE PHA Administrative Plan Chapter 3, pages 3.20 to 3.37) An applicant will be denied participation in the CoC program if the applicant does not meet:

1. The DedicatedPLUS definition established by HUD

2. The disabling condition definition
These reasons for denial constitute CoC program specific admission criteria in addition to the HCV program requirements that must also be met.

Participation will also be denied if the CoC applicant does not provide:

1. Information that the PHA or HUD determines is necessary in the administration of the program

2. Complete and true information and it is discovered that the applicant does not meet eligibility requirements
19-III.C. CRIMINAL BACKGROUND CHECKS [24 CFR 982.553 (a)(2)(i)] CoC applicants will be required to undergo criminal background check to determine if applicant or household member is a lifetime registered sex offender. Lifetime registered sex offenders will not be admitted into the CoC program. A criminal background check will be performed for head-of-household and all adult household members, and live-in aides fourteen years of age and older.

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PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION
19-IV.A. APPLYING FOR ASSISTANCE
Any individual or household that wishes to receive CoC assistance must apply for admission to the program. Assistance is strictly restricted to applicants who meet the definition of DedicatedPLUS on the Santa Monica Service Registry who became homeless in Santa Monica.

The CoC applicant or household must be referred by one of the sponsor agencies currently operating under contract with the City of Santa Monica Human Services Division. Referral agencies utilize the Coordinated Entry System (CES) and the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) to refer applicants to the PHA based on their severity of needs.
19-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS
Interested applicants must meet with a case manager at one of the below listed locations to begin the application process. The referring agencies must conduct VI-SPDAT survey, place individuals into CES, and register them with the Santa Monica Service Registry prior to referring them to the PHA for the CoC program.

The People Concern
Access Center
1453 16th Street
Santa Monica, CA 90404
(310) 264-2646
Step Up on Second
1328 2nd Street
Santa Monica, CA 90401
(310) 394-6889
St. Joseph Center
12420 Venice Blvd., Suite 200
Los Angeles, CA 90066
(310) 577-5510

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19-IV.C. SCREENING AND ASSESSMENT
The PHA requires the three listed referral agencies to screen applicants for eligibility and to submit to the PHA completed documents included in the CoC Application Packet.

Only completed packets with all supporting documents will be accepted. Any incomplete applications will be returned to the referral agency and will need to be resubmitted once completed. Applicants will not be placed on the waitlist or issued a voucher until a fully completed application is received.

Completed documents will be used by the PHA to: 1) Determine applicant’s eligibility, 2) Prioritize applicants, and 3) Notify applicants of their obligations as a CoC participant and provide informational materials.

Documents included in the CoC Application Packet are listed below:
• Agency Referral Letter
• Homeless and At Risk of Homelessness Certification Form • Certification of Disabling Condition Form (completed by licensed physician) • Applicant/Tenant Information Disclosure Certification and Application Form • Santa Monica Housing Authority Rental Assistance Program Household Obligations Form • Declaration of Citizen/Lawful Resident Status Form
• Certification for Divestiture of Assets
• Sex Offender and Criminal History/Disclosure Form
• Employment/Bank Account/Income Tax Self-Certification Form • Authorization for Release of Information Forms for the PHA and HUD • Proof of the VI-SPDAT Score
• Proof of registration on the Santa Monica Service Registry All income verification documents must be current within the last 60 days. (PIH Notice 2017-12) Case Managers will conduct a thorough screening and assessment of each individual’s care needs. The screening will include assessment of the individual’s ability to live independently and willingness to participate in supportive services program. In addition, the individual must not present a danger to himself/herself or others and the individual must not require a higher level of care than what is offered by the voucher program. Based on the applicant’s needs, case managers will recommend applicants for either a scattered site housing or a site specific housing voucher.

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19-IV.D. TENANT SELECTION
Applicants will be referred and selected based on their history of homelessness and severity of service needs. Service needs are identified and verified through the use of the following standardized assessment tools: Vulnerability Index (VI) and the Service Prioritization Decision Assistance Tool (SPDAT). The determination is not based on a specific diagnosis or disability type, but only on the severity of needs of the individual. 19-IV.E. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST The PHA will prioritize applicants on the waitlist based on their VI-SPDAT score and the date and time their complete application is received by the PHA. 19-IV.F. PLACEMENT ON THE WAITLIST
A separate waitlist is maintained for the CoC Program. The CoC waitlist will be continuously open for applications and eligibility criteria will be limited to requirements of the CoC program as described.

Eligible for Placement on the Waitlist
If the PHA determines the CoC applicant is eligible, the applicant’s name will be placed on the waitlist. The PHA will notify the referral agency of acceptance.

Ineligible for Placement on the Waitlist
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 inform the referral agency of the ineligibility determination.

Unavailability of Site Specific Housing
Applicants will remain on the CoC waitlist until an apartment becomes available. Applicants can also elect to apply for scattered site housing (if available).

Applicants for site specific housing who accept a scattered site housing voucher due to unavailability of site specific housing at the time of application may request to remain on the CoC waitlist for consideration of the next available site specific housing opportunity. Site specific housing applicants who request to remain on the waitlist after they have already moved into a scattered site apartment must be able to negotiate an agreement with their landlord to terminate their existing lease, within 30 days, at the time site specific housing becomes available.

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Unavailability of Scattered Site Housing
Applicants who applied for a scattered site housing voucher can be offered site specific housing if no scattered site vouchers are available at the time of application and there are no site specific housing applicants on the waitlist at the time an apartment becomes available. 19-IV.G. NOTIFICATION OF SELECTION
When a CoC applicant has been selected from the waitlist, the PHA will notify in writing the referral agency of selection and of the initial briefing date.

If the selected applicant is no longer interested or is unable to participate in the CoC program, the individual will be removed from the waitlist and will have to be re-referred at a later date if needed.

PART V: BRIEFINGS AND VOUCHER ISSUANCE
(Refer to THE PHA Administrative Plan, Chapter 5, pages 5.2 to 5.14)

INITIAL BRIEFING AND VOUCHER ISSUANCE
The assigned case manager and the applicant, together with all adult members of the household must be present for the initial briefing and voucher issuance. 19-V.A. SCATTERED SITE VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL (RTA) Upon completion of the initial briefing, a CoC voucher will be issued. CoC program participants have up to 180 days to search for an apartment within the Santa Monica geographic area and submit an RTA to the PHA upon finding a suitable apartment. If an extension is needed, one may be requested.
19-V.B. SITE SPECIFIC HOUSING VOUCHER ISSUANCE/ REQUEST FOR TENANCY APPROVAL (RTA)
Upon completion of the initial briefing, the PHA will refer the applicant to the property management at one of the non-profit housing locations. The management company will conduct a tenant screening for all applicants. If the applicant is approved, an RTA must be completed and returned to the PHA.

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If the applicant is not approved by the property management company, the applicant and case manager will contact the PHA for further guidance.

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PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982]
(Refer to THE PHA Administrative Plan, Chapter 6, pages6.2 to 6.57) CoC program funds are contracted based on 100% of the Fair Market Rents published by HUD for the Los Angeles County area.

RENT AT LEASE UP:

CoC voucher holders may rent units at or below the Fair Market Rent (FMR) for the area. Santa Monica is part of Los Angeles County and the Los Angeles County FMRs apply. However, since the SMHA has been approved by HUD for an exception payment standard, which is above the Los Angeles County FMRs, the CoC participants may rent apartments at or below the SMHA payment standard at lease up, as long as the rent amount meets the rent reasonableness requirement.
19-VI.A. TENANT RENT PORTION [24 CFR 578.77(b)]
Program participants are required to pay a portion of their rent if they are receiving CoC program rental assistance, unless they have no income. Participant rent must be equal to the highest of:
• 30 percent of household’s monthly adjusted income (the tenant’s portion of the rent cannot exceed 30 percent of the household’s monthly adjusted income at any time) • 10 percent of household’s monthly gross income; or
• The portion of the household’s welfare assistance, if any, that is designated for the payment of rent.

The following is not applicable to the CoC program:
• Earned Income Disallowance (EID) [24 CFR 5.617(a)]
• Minimum Rent ($50) [24 CFR 578.77(b)]

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PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to THE PHA Administrative Plan, Chapter 7, pages7.2 to 7.30) The PHA will follow the verification process and requirements for acceptable documents as outlined in Chapter 7 of the HCV Administrative Plan with the exception of the following:
• Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) • Up-front Income Verification (UIV) using a non-HUD system

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PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to THE PHA Administrative Plan, Chapter 8, pages 8.2 to 8.27) 19-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 578.75(b)] Housing leased with CoC program funds, or for which rental assistance payments are made with CoC program funds, must meet the applicable housing quality standards (HQS) under 24 CFR 982.401. Before any assistance will be provided on behalf of a program participant, the recipient, or subrecipient, must physically inspect each unit to assure that the unit meets HQS.

Assistance will not be provided for units that fail to meet HQS, unless the owner corrects any deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected. 19-VIII.B. RENT REASONABLENESS [24 CFR 578.51(g)]
HUD will only provide rental assistance for a unit if the rent is reasonable. The recipient or subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit. Reasonable rent must not exceed rents currently being charged by the same owner for comparable unassisted units.

The maximum allowable contract rent amount is capped at the exception payment standard for the PHA Section 8 HCV program established in 2016.

Rent increase requests shall be timed with a tenant’s annual re-examination. Only one increase in a 12-month period is allowed in the amount of Rent Control-approved annual percentage adjustment, subject to CoC funding availability.

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PART IX: GENERAL LEASING POLICIES
(Refer to THE PHA Administrative Plan, Chapter 9, pages9.1 to 9.12) When rental assistance funds are used to pay rent, the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward housing costs consistent with the requirements of the CoC interim rule. The landlord and participant are required to execute a lease to comply with the CoC rental assistance policies. 19-IX.A. PAYMENT FOR A VACATED UNIT [24 CFR 578.51(i)]
If a unit assisted under this section is vacated before the expiration of the lease, the assistance for the unit may continue for a maximum of 30 days from the end of the month in which the unit was vacated, unless occupied by another eligible person. No additional assistance will be paid until the unit is occupied by another eligible person. 19-IX.C. PAYMENT FOR TENANT CAUSED DAMAGES [24 CFR 578.51(j)] THE PHA may use grant funds in an amount not to exceed one month’s rent to pay for any damage to housing due to the action of a program participant. This shall be a one-time cost per participant, incurred at the time a participant exists a housing unit. 19-IX.D. LIMITATIONS ON COC ASSISTANCE
Exclusion Income Disability (EID) [24 CFR 5.617(a)]
CoC participants are not eligible for EID.

Change of Head of Household (HOH) [24 CFR 578.75 (i)]
For permanent supportive housing projects, surviving members of any household who were living in a unit assisted under this part at the time of the qualifying member's death, long-term incarceration, or long-term institutionalization, have the right to rental assistance under this section until the expiration of the lease in effect at the time of the qualifying member's death, long-term incarceration, or long-term institutionalization.

If the qualifying tenant is terminated for non-compliance, the remaining household members will not be eligible to continue in the CoC program.

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PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY (Refer to THE PHA Administrative Plan, Chapter 10, pages10.1 to 10.5) 19-X.A. MOVING WITH CONTINUED ASSISTANCE [24 CFR 578.51(c)(3)] Program participants who have complied with all program requirements during their residence retain the rental assistance if they move within the Continuum of Care geographic area.

Program participants who have complied with all program requirements during their residence, who have been a victim of domestic violence, dating violence, sexual assault, or stalking, who reasonably believe they are imminently threatened by harm from further domestic violence, dating violence, sexual assault, or stalking (which would include threats from a third party, such as a friend or household member of the perpetrator of the violence), if they remain in the assisted unit, and who are able to document the violence and basis for their belief, may retain the rental assistance and move to a different Continuum of Care geographic area if they move out of the assisted unit to protect their health and safety. These program participants may move to a different CoC’s geographic service area even if the PHA cannot meet all regulatory requirements of this part in the new geographic area where the unit is located. The recipient or subrecipient, however, must be able to meet all statutory requirements of the CoC program either directly or through a third-party contract or agreement 19-X.B. PORTABILITY [24 CFR 578.51(c)(4)]
CoC participants may choose housing outside of the CoC’s geographic area if the PHA through its employees or contractors is able to meet all requirements of the program. If the PHA cannot meet the requirements either directly or through a third-party contract or agreement, the PHA may refuse to permit the participant to retain the voucher if they choose to move outside of the CoC’s geographic area.
19-X.C. TENANT TRANSFERS FROM SITE SPECIFIC HOUSING TO SCATTERED SITE HOUSING AND

FROM SCATTERED SITE HOUSING TO SITE SPECIFIC HOUSING
If participants no longer require site specific housing and services, they may fill out a move request to transfer to scattered site housing. If a participant living at a scattered site requires site specific housing, they may fill out a move request and they will be placed on the waitlist for the next available apartment at one of the site specific housing locations.

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19-X.D. TENANT TRANSFERS FROM COC TO HCV
Current CoC participants and tenants living in City-funded supportive housing who no longer require permanent supportive housing and services shall receive a preference on the HCV waitlist as a “graduate” of the CoC program or a supportive housing graduate. Eligibility for such preference must be documented by the current supportive services provider for the CoC Program participant in the form indicated.

Candidates for the CoC and supportive housing graduate preference will be considered based on the following:
• Applicant has an established goal in writing to reside in a more independent setting • Is not a registered sex offender
• Does not have violent crime conviction within the last 5 years • Applicant is in good standing:
o Applicant has maintained residency in housing in Santa Monica for at least two years and has not received an eviction notice during this period • Applicant has no outstanding payments with the Santa Monica Housing AuthorityApplicant participates in the community, as demonstrated by one of the following:
o Applicant is currently employed, or enrolled in an employment/training program
o Applicant is enrolled in an educational program
o Applicant is participating in the community as demonstrated by volunteering.

The PHA shall limit the current number of persons eligible for this preference not to exceed 25 householdsannually. If 25 households have received Housing Choice Vouchers under this local preference, the PHA shall continue to allow current applicants to claim such preference, however, the applicant will remain on the waitlist and will be offered the next voucher as it becomes available.

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PART XI: REEXAMINATIONS [24 CFR 582.310]
(Refer to THE PHA Administrative Plan, Chapter 11, pages11.1 and 11.5) PART XII: TERMINATION OF ASSISTANCE AND TENANCY
(Refer to THE PHA Administrative Plan, Chapter 12 pages12.2 to 12.21) PART XVIII: PROGRAM ADMINISTRATION
(Refer to THE PHA Administrative Plan, Chapter 16, pages 16.2 to 16.82) HUD required Section 8 Management Assessment Program (SEMAP) is not applicable

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GL-20-1
CHAPTER 20 : HOME TENANT BASED RENTAL ASSISTANCE
PART I: OVERVIEW OF THE HOME PROGRAM
20-I.A. OVERVIEW
The HOME tenant-based rental assistance program is a United States Department of Housing and Urban Development (HUD)-funded rental assistance program administered by the Santa Monica Housing Authority (PHA).

The program adheres to the Section 8 Housing Choice Voucher (HCV) program model and it is designed to assist households who need help paying their rent. All applicants must meet income eligibility of a household combined annual income of up to 60 percent of Area Median Income (AMI).

The program promotes community-wide planning and strategic use of resources to address the jurisdiction’s unmet needs and to narrow the gap in benefits and services received by costburdened households. 20-I.B. PURPOSE
The purpose of the HOME program is to provide rental assistance in the form of a monthly rental subsidy to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below the 60 percent AMI limit. 20-I.C. ELIGIBLE COSTS [24 CFR 92.209 (a)]
The PHA is awarded HUD funds for the HOME program annually.

Eligible costs are rental assistance and security deposit payments. Rental Assistance [24 CFR

92.209 (h)(1)]The amount of the monthly assistance that PHA may pay on behalf of a household may not exceed the difference between a rent standard for the unit size established by the PHA and 30 percent of the household’s monthly adjusted income.

Security Deposits [24 CFR 92.902 (j)]
A participating jurisdiction may use HOME funds provided for tenant-based rental assistance to provide loans or grants to very low- and low-income households for security deposits for rental of dwelling units. The amount of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. Only the prospective tenant may apply for HOME security deposit assistance.

A limited number of security deposit grants will be provided to eligible applicants, subject to the availability of HOME funds and at the sole discretion of the PHA. Participants must document, in writing, their efforts to secure security deposit funding from other sources and

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GL-20-2
demonstrate insufficient personal funds. The maximum amount of HOME funds that may be provided for the security deposit is the equivalent of two months’ contracted rent for the unit.

Only the tenant (not the landlord) may apply for security deposit assistance. 20-I.D. TERM OF THE PROGRAM [24 CFR 92.902 (e)]
The HOME program is awarded to localities to fund rental assistance for low-income applicants.

HOME funds are awarded annually as formula grants to participating jurisdictions. HUD may award up to one year of rental assistance for the program with the option of being renewed for as long as there is a continuum of funding available.

The Term of the Rental Assistance [24 CFR 92.902 (e)]
The term of the rental assistance contract providing assistance with HOME funds may not exceed 24 months, but may be renewed, subject to the availability of HOME funds. 20-I.E. POLICIES AND PROCEDURES
The PHA receives annual funding for the HOME program based on HUD’s availability of program funds. The Santa Monica Housing Commission, which serves as the advisory board for the PHA, reviews all policies and procedures. The Santa Monica City Council, which serves as the Board of Directors for the PHA, adopts policies and procedures annually.

The HOME program adheres to the Section 8 HCV program model, unless otherwise noted in this plan. If there is a conflict between program regulations and the Section 8 HCV Administrative Plan, the HOME program regulations take precedence.

PART II: FAIR HOUSING AND EQUAL OPPORTUNITY
(Refer to PHA Administrative Plan, Chapter 2, pages 2-2 to 2-19)

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GL-20-3
PART III: ELIGIBILITY
(Refer to PHA Administrative Plan, Chapter 3, pages 3-2 to 3-37) In addition to evidence of eligibility required under the HCV program, HOME applicants must meet one of the following requirements to qualify:

1. Person At Risk of Homelessness

2. Senior/Disabled Homeless person

3. Victim of Domestic Violence
And

1. Be at or below the HUD 60 percent AMI limit
20-III.A. EVIDENCE OF ELIGIBILITY
At Risk of Homelessness Certification
HOME applicants who qualify under the definition of At Risk of Homelessness must provide the following documentation at the time of application to establish that they meet the required criteria:

1. The HOME applicant’s written certification that they have insufficient financial resources and support networks immediately available to attain housing stability;

2. Documentation to verify that the HOME applicant did not have sufficient resources or support networks immediately available to attain housing stability as evidenced by one of the following:

A. Source documents (e.g., notice of termination from employment, bank statement, health care bill showing arrears); or
B. Written statement by referring agency staff confirming that they spoke to a relevant third party to verify At Risk of Homelessness status; or C. Written statement by referring agency staff of the efforts taken to obtain verification through source documents and relevant third parties;

3. Verification that the HOME applicant met one of the seven conditions* under the definition of At Risk of Homelessness (for definition of At Risk of

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GL-20-4
Homelessness, refer to 20-IV.E. TENANT SELECTION – Hierarchy of preferences), as evidenced by one of the following:
i. Source documents that evidence one or more of the conditions; ii. A written statement by a relevant third party or the written certification by referring agency staff of the oral verification by the relevant third party that the applicant meets one or more of the conditions; or iii. A written statement by the referring agency staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the conditions or, if a visit is not feasible or relevant to the determination, a written statement by the referring agency staff describing the efforts taken to obtain the required evidence. *

1. Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance;

2. Is living in the home of another because of economic hardship;

3. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 30 days of the date of application for assistance;

4. Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals;

5. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than

1.5 people per room, as defined by the U.S. Census Bureau;

6. Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or

7. Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the City of Santa Monica approved consolidated plan;
• Rent burdened households – housing cost burden greater or equal to 40 percent Senior/Elderly Certification
A birth certificate or other official record of birth is the preferred form of age verification (must be at least 62 years of age or older). An original document that provides evidence of the receipt of social security retirement benefits is acceptable.

Homeless Certification

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HOME applicants who qualify under the definition of Homeless must provide the following documentation at the time of application to establish that they meet the required criteria.

Evidence of an individual or head of household’s current living situation must be documented by:

1. A written referral by a service provider; and

2. A Homeless Certification Form completed by a service provider In addition, one or more of the following must be provided:

1. A written documentation of observation by an outreach worker

2. A print out from the City’s Homeless Management Information System (HMIS) indicating the history of homelessness

3. A written certification by the household seeking assistance that demonstrates that the individual or head of household is currently homeless and living in a place not meant for human habitation, in an emergency shelter, or a safe haven.

Disabling Condition Certification
In order to receive Disabled/Disabling Condition preference, HOME applicants must present evidence of disabling condition diagnosis with one or more of the following conditions:
substance use disorder, serious mental illness, developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002), post-traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability.

A disabling condition is defined by HUD as:

1. A physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration, substantially impedes an individual’s ability to live independently, and of such a nature that the disability could be improved by more suitable conditions;

2. A developmental disability as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act;

3. The disease of acquired immunodeficiency syndrome or any conditions arising from the etiological agency for acquired immunodeficiency syndrome; or

4. A diagnosable substance use disorder.

Evidence of this criterion must include one of the following:

1. Written verification of the condition from a professional licensed by the state to diagnose and treat the condition;

2. Written verification from the Social Security Administration;

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3. Copies of a disability check (e.g., Social Security Disability Insurance check or Veterans Disability Compensation);

4. Intake staff (or referral staff) observation that is confirmed by written verification of the condition from a professional licensed by the state to diagnose and treat the condition that is confirmed no later than 45 days of the application for assistance and accompanied with one of the types of evidence above; or other documentation approved by HUD.

Victim of Domestic Violence Certification
Only applicants who have or will (within twelve months from the date of verification) be required to vacate housing in the City of Santa Monica as a result of the victimization, qualify for HOME under Victims of Domestic Violence preference.

Applicants must provide, at the time of application, one of the following three forms of documentation to establish that they meet the preference [24 CFR 5.2007(b)]:

1. A completed and signed HUD-approved certification form (HUD-50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim;

2. A federal, state, tribal, territorial, or local police report, or court record, or an administrative record; or

3. Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; a mental health professional; or a medical professional. The person signing the documentation must attest under penalty of perjury to the person’s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation.
20-III.B. DENIAL OF ASSISTANCE
(Refer to PHA Administrative Plan, Chapter 3, pages 3-20 to 3-24) An applicant will be denied participation in the HOME program if the applicant does not meet HOME program specific admission criteria in addition to the HCV program requirements.

Participation will also be denied if the HOME applicant does not provide:

1. Information that the PHA or HUD determines is necessary in the administration of the program

2. Complete and true information and it is discovered that the applicant does not meet eligibility requirements.
20-III.C. CRIMINAL BACKGROUND CHECKS
(Refer to PHA Administrative Plan, Chapter 3, pages 3-23 to 3-25)

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All participants will undergo criminal background checks based on Section 8 Housing Choice Voucher regulations.

PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION
20-IV.A. APPLYING FOR ASSISTANCE
Any individual/household who wishes to receive HOME assistance must apply for admission to the program. The HOME program has a separate waitlist and assistance is restricted to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below 60 percent AMI.
20-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS
HOME applicants must be referred by one of the agencies listed below:

The People Concern (formerly known as OPCC)
1453 16th Street
Santa Monica, CA 90404
(310) 264-2646
Wise and Healthy Aging
Ken Edwards Center
1527 4th St
Santa Monica, CA 90401
(310) 394-9871
Legal Aid Foundation of Los Angeles (LAFLA)
1640 5th St #124
Santa Monica, CA 90401
(310) 899-6200
St Joseph Center
12420 Venice Blvd., Suite 200Los Angeles, CA 90066310-574-5510 City of Santa Monica Human Services Division can also refer applicants on behalf of other social services agencies that are funded by the City of Santa Monica. 20-IV.C. OUTREACH AND MARKETING
The PHA targets Santa Monica area households who meet the program’s eligibility requirements. The Homeless Liaison Team (HLP Team), City of Santa Monica Human Services Division and other local outreach programs identify appropriate referrals to referral agencies.

PHA staff regularly attends Chronic Homeless Program (CHP) Action Committee meetings, and senior and youth outreach meetings to market the program with member agencies. 20-IV.D. SCREENING AND ASSESSMENT

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The PHA requires the listed referral agencies to screen applicants for eligibility and to submit to the PHA completed applicable documents included in the HOME Application Packet.

Completed documents will be used by the PHA to:

1. Determine applicant’s eligibility

2. Select participants

3. Notify applicants of their obligations as a HOME voucher recipient Documents included in the HOME Application Packet are listed below:
• Agency Referral Letter
• Homeless and At Risk of Homelessness Certification Form • Certification of Disabling Condition Form (completed by licensed physician) • Applicant/Tenant Information Disclosure Certification and Application Form • Household• Declaration of Citizen/Lawful Resident Status Form • Sex Offender and Criminal History/Disclosure Form
•
• Authorization for Release of Information Forms for HUD • Authorization for Release of Information Forms for PHA • • • VI-SPDAT Report (if applicable)
•
• Notice of Occupancy Rights under the Violence Against Women Act – HUD-5380 • Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternate Documentation – HUD-5382 (if applicable)
All income verification documents must be current within the last 60 days. (PIH Notice 2017-12) Case managers will conduct a thorough screening and assessment of each individual’s care needs. The screening will include assessment of the individual’s ability to live independently In addition, the individual must not present a danger to himself or others and the individual must not require a level of care that is not offered by the HOME voucher. 20-IV.E. TENANT SELECTION
Selection Criteria
Households will be selected based on the following targeted population selection criteria and selection preference method. Within the preference category, households will be selected based on severity of needs.

Targeted Population:
• At Risk of Homelessness
• Senior/Disabled Homeless (Chronically Homeless individuals will be referred to the CoC program)

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• Victims of Domestic Violence (Applicants will be referred to HCV program, if HCV vouchers are available)
Households must meet the requirements and eligibility criteria of one of the above targeted population groups to qualify for HOME rental assistance.

At Risk of Homelessness
For At Risk of Homelessness applicants, severity of needs is identified and verified through the use of the At Risk of Homelessness Certification Form and submitted source documents.

Senior/Disabled Homeless applicants and Victims of Domestic Violence For Senior and/or Disabled Homeless applicants and Victims of Domestic Violence, severity of needs is identified and verified through the use of the Vulnerability Index (VI) Service Prioritization Decision Assistance (SPDAT) standardized assessment tool.

The determination is not based on a specific diagnosis or disability type, but only on the severity of needs of the individual.

Targeted population includes individuals with a VI-SPDAT score of 7 and below who do not qualify for Continuum of Care (CoC) program.
20-IV.F. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST The HOME waitlist is open and will accept referrals until further notice.

Order of Priority for Placement on the Waitlist
Households will be selected from the waitlist based on the selection preference(s) for which they qualify, and in accordance with the PHA’s hierarchy of preferences. Within each targeted funding or preference category, households will be selected based on severity of needs.

HOME HIERARCHY OF PREFERENCES

PREFERENCE POINT VALUE
Resident Preference:

An individual or household who meets one of the
following requirements:
• Is a resident of Santa Monica;
• Is homeless in Santa Monica and is on the Santa
Monica Service Registry;
• Works a minimum of 25 hours per week in Santa
Monica (Applicants who work for a temporary
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PREFERENCE POINT VALUE
agency do not qualify for preference if they are
on a temporary assignment);
• Is enrolled in a job training program in the City of
Santa Monica, subject to the PHA’s approval;
• Immediately previously was in Santa Monica
workforce but is now receiving unemployment,
worker’s compensation, vocational rehabilitation
benefits, disability benefits or retirement
benefits from a Santa Monica employer.

Working Household Preference:

An individual or household who meets one of the
following requirements:
• Is working a minimum of 25 hours per week;
• Is the age of 62 or older;
• Is a person with disabilities
1 At Risk of Homelessness
An individual or family who:
• Does not have sufficient resources or support
networks, e.g., family, friends, faith-based or
other social networks, immediately available to
prevent them from moving to an emergency
shelter or another place described in paragraph
1 of the Homeless definition in this section and
• Has not been terminated or is currently not in
the process of being terminated from any rental
assistance or any other subsidy program due to
incompliance and/or violations of the program
rules and regulations, including outstanding
debts owed; and
Meets one of the following conditions:

1. Has moved because of economic reasons two or
more times during the 60 days immediately
preceding the application for homelessness
prevention assistance;

2. Is living in the home of another because of
economic hardship;

3. Has been notified in writing that their right to
occupy their current housing or living situation
will be terminated within 30 days of the date of
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PREFERENCE POINT VALUE
application for assistance;

4. Lives in a hotel or motel and the cost of the hotel
or motel stay is not paid by charitable
organizations or by federal, State, or local
government programs for low-income
individuals;

5. Lives in a single-room occupancy or efficiency
apartment unit in which there reside more than
two persons, or lives in a larger housing unit in
which there reside more than 1.5 people per
room, as defined by the U.S. Census Bureau;

6. Is exiting a publicly funded institution, or system
of care (such as a health-care facility, a mental
health facility, foster care or other youth facility,
or correction program or institution); or

7. Otherwise lives in housing that has
characteristics associated with instability and an
increased risk of homelessness, as identified in
the City of Santa Monica approved consolidated
plan;
• Rent burdened households – housing cost
burden greater or equal to 40 percent
Homeless
An individual or household who meets one of the
following requirements:
• Lacks a fixed, regular, and adequate nighttime
residence, meaning: An individual or family with
a primary nighttime residence that is a public or
private place not designed for or ordinarily used
as a regular sleeping accommodation for human
beings, including a car, park, abandoned building,
bus or train station, airport, or camping ground;
• Is living in a supervised publicly- or privatelyoperated shelter designated to provide temporary living arrangements (including
congregate shelters, transitional housing, and
hotels and motels paid for by charitable
organizations or by federal, state, or local
government programs for low-income
individuals);
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PREFERENCE POINT VALUE
• Is exiting an institution where he or she resided
for 90 days or less and who resided in an
emergency shelter or place not meant for human
habitation immediately before entering that
institution;
• Will imminently lose their primary nighttime
residence, provided that: The primary nighttime
residence will be lost within 14 days of the date
of application for homeless assistance; no
subsequent residence has been identified; and
the individual or family lacks the resources or
support networks, e.g., family, friends, faithbased or other social networks, needed to obtain other permanent housing; or
• Is fleeing, or is attempting to flee, domestic
violence, dating violence, sexual assault, stalking,
or other dangerous or life-threatening conditions
that relate to violence against the individual or a
family member, including a child, that has either
taken place within the individual‘s or family’s
primary nighttime residence or has made the
individual or family afraid to return to their
primary nighttime residence.

Victims of Domestic Violence (VAWA)
An individual or household who meets the following
requirements:
• Is a victim of domestic violence, dating violence,
sexual assault, or stalking;
• Has no other residence; and
• Lacks the resources or support networks, e.g.,
household, friends, and faith-based or other
social networks, to obtain other permanent
housing.

VAWA means:

The Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Pub. L. 109-162, approved
August 28, 2006), as amended by the U.S. Housing Act of 1937 (42 U.S.C. 1437d and 42 42 U.S. 1437f).

Domestic violence means:

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PREFERENCE POINT VALUE
Felony or misdemeanor crimes of violence committed
by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or household
violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the
domestic or household violence laws of the jurisdiction.

Dating violence means violence committed by a person:
(1) Who is or has been in a social relationship of a
romantic or intimate nature with the victim; and
(2) Where the existence of such a relationship shall be determined based on a consideration of the following
factors:
(i) The length of the relationship;
(ii) The type of relationship; and
(iii) The frequency of interaction between the persons
involved in the relationship.

Sexual Assault means:

Any nonconsensual sexual act proscribed by Federal,
tribal, or State law, including when the victim lacks
capacity to consent (See 42 U.S.C. 13925(a).)
Stalking means:
(1)
(i) To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another
person; or
(ii) To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and
(2) In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or

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PREFERENCE POINT VALUE
serious bodily injury to, or to cause substantial
emotional harm to
(i) That person,
(ii) A member of the immediate household of that
person, or
(iii) The spouse or intimate partner of that person.

Immediate household member means, with respect to a
person:
(1) A spouse, parent, brother, or sister, or child of that person, or an individual to whom that person stands in
loco parentis; or
(2) Any other person living in the household of that
person and related to that person by blood or marriage.

Disabled/Disabling Condition
An individual or household who meets one of the
following requirements:
• Has a physical, mental, or emotional impairment
which is expected to be of long-continued and
indefinite duration, substantially impedes an
individual’s ability to live independently, and of
such a nature that the disability could be
improved by more suitable conditions;
• Has a developmental disability as defined in
section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15002);
• Has the disease of acquired immunodeficiency
syndrome or any conditions arising from the
etiological agency for acquired
immunodeficiency syndrome;
• Has a diagnosable substance abuse disorder
3 Senior
An individual who:
• Is at least 62 years of age or older
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Placement on the Waitlist
A separate waitlist will be maintained for the HOME Program.

Eligible for Placement on the Waitlist
If the PHA determines the HOME applicant is eligible, the applicant’s name will be placed on the waitlist. The waitlist will be maintained by assigning waitlist position numbers to applicants on a preference basis. The PHA will notify the referring agency of acceptance.

Once all available vouchers have been issued, the applicant’s name will remain on the waitlist until a voucher becomes available.

Ineligible for Placement on the Waitlist
If the PHA can determine from the information provided that a household is ineligible, the household will not be placed on the waitlist. Where a household is determined to be ineligible, the PHA will inform the referring agency of the ineligibility determination.

Notification of Selection
When a HOME applicant has been selected from the waitlist, the PHA will notify, in writing, the applicant and the referring agency of selection and of the initial briefing date.

If the selected applicant is no longer interested or is unable to participate in the HOME program, the individual will be removed from the waitlist and will have to be re-referred at a later date. The applicant will lose their position on the waitlist.

Income Eligibility [24 CFR 92.216]
HOME applicants must have incomes at or below 60 percent of area median income. Income eligibility will be verified by the PHA according to source documents provided by the applicant.

PART V: BRIEFINGS AND VOUCHER ISSUANCE
(Refer to PHA Administrative Plan, Chapter 5, pages 5-2 to 5-14) 20-V.A. INITIAL BRIEFING AND VOUCHER ISSUANCE
The applicant, together with all adult members of the household and the assigned case manager (if applicable) must be present for the initial briefing and voucher issuance. 20-V.B. VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL
Upon the completion of the initial briefing, a HOME voucher will be issued to the applicant.

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HOME participants have up to 180 days to search for an apartment within the Santa Monica geographic area and submit a Request for Tenancy Approval (RTA) to the PHA upon finding a suitable apartment.

If an extension is needed, one may be requested. The request will be evaluated and a decision made Proof of Effort Form must be submitted to the PHA).

PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982]
(Refer to PHA Administrative Plan, Chapter 6, pages 6-2 to 6-57) 20-VI.A. TENANT RENT PORTION [24 CFR 5.628]
Program participants are required to pay a portion of their rent if they are receiving HOME program rental assistance. Participant rent must be equal to the highest of:
• 30 percent of household‘s monthly adjusted income;
• 10 percent of household’s monthly gross income; or
• A minimum rent of $50 contribution.

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PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to PHA Administrative Plan, Chapter 7, pages 7-2 to 7-30) The PHA will follow the verification process and requirements for acceptable documents as outlined in Chapter 7 of the HCV Administrative Plan with the exception of the following:
• Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) • Up-front Income Verification (UIV) using a non-HUD system PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to PHA Administrative Plan, Chapter 8, pages 8-2 to 8-27) 20-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 92.209 (i)] Housing Quality Standards (HQS) apartment inspections are required both at initial occupancy and annually thereafter for all HOME apartments. Newly leased apartments must pass the HQS inspection before the beginning date of the assisted lease and Housing Assistance Payment (HAP) Contract.
20-VIII.B. RENT REASONABLENESS [24 CFR 92.209 (3) (f)]
The participating jurisdiction must disapprove a lease if the rent is not reasonable, based on rents that are charged for comparable unassisted rental units.

Rent reasonableness review must be conducted before the HOME program participant rents an apartment. The PHA will pay rents up to the rent reasonable amount, not to exceed the exception payment standard for the PHA Section 8 HCV program.

The HUD approved Exception Payment Standards will govern the HOME rent payment amounts.

Bedroom Size Payment
Standard
0 $1,512
1 $1,930
2 $2,640
3 $3,366
4 $3,366

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PART IX: GENERAL LEASING POLICIES
(Refer to PHA Administrative Plan, Chapter 9, pages 9-1 to 9-12) When rental assistance funds are used to pay rent for apartments , the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward rent consistent with the requirements of the HOME rules. The landlord and participant are required to execute a lease and a Contract Addendum to comply with the HOME rental assistance policies. [24 CFR 92.253] (Refer to Appendix A for HOME Prohibited Lease Terms and Contract Addendum) 20-IX.B. LIMITATIONS ON HOME ASSISTANCE
Portability
HOME participants are not eligible for portability and must remain within the City of Santa Monica geographic area.

PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY [24 CFR

92.209 (d)]
(Refer to PHA Administrative Plan, Chapter 10, pages 10-1 to 10-6) Under the tenant-based rental assistance program, the PHA issues an eligible household a voucher and the household selects an apartment of its choice within the City of Santa Monica geographic area. If the household moves out of the apartment, the contract with the owner ends and the household can move with continued assistance to another apartment within the City of Santa Monica.

HOME participants are not eligible for portability and must remain within the City of Santa Monica geographic area.

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PART XI: REEXAMINATIONS [24 CFR 582.310]
(Refer to PHA Administrative Plan, Chapter 11, pages 11-1 to 11-14) The PHA is required to process annual re-examinations. In cases where a household experiences a change in household composition and/or income between annual reexamination, the PHA will process an interim re-examination.

The household is required to report all changes in household composition and/or income to the PHA within 10 calendar days of the occurrence.

For more information regarding causes for processing annual/interim reexaminations and the requirements for completing annual/interim re-examinations, please refer to Chapter 11 of the Section 8 HCV Administrative Plan.

PART XII: TERMINATION OF ASSISTANCE AND TENANCY
(Refer to PHA Administrative Plan, Chapter 12, pages 12-2 to 12-21) PART XIII: PROGRAM ADMINISTRATION
(Refer to PHA Administrative Plan, Chapter 16, pages 162 to 16-47) Section 8 Management Assessment Program (SEMAP) is not required.

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APPENDIX A
HOME Prohibited Lease Terms
The HOME program requires that the lease does not contain the following provisions:

HOME Program: The PHA will review the lease to make certain it does not contain any of the following prohibited lease terms (24 CFR 92.253 (b)):
• Agreement by the tenant to be sued, to admit guilt or to a judgment in favor of the owner in a lawsuit brought in connection with the lease. • Agreement by the tenant that the owner may take, hold or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. In that case, the owner may dispose of this personal property in accordance with state law. • Agreement by the tenant not to hold the owner or the owner’s agents legally responsible for any action or the failure to act, whether intentional or negligent. • Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant.
• Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense or before a court decision on the rights of the parties.
• Agreement by the tenant to waive any right to a trial by jury. • Agreement by the tenant to waive the tenant’s right to appeal or to otherwise challenge in court a decision in connection with the lease. • Agreement by the tenant to pay attorney fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses.

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Contract Addendum

CITY OF SANTA MONICA HOUSING AUTHORITY
HOME Investment Partnerships Program

LEASE ADDENDUM
Tenant Based Rental Assistance
Tenant Name:

Contract Unit:

Contract Number:

Landlord Name:

Purpose of Lease Addendum. Tenant has been approved to receive rental assistance under the HOME Investment Partnerships Program Tenant Based Rental Assistance (TBRA). The lease for the above referenced apartment is hereby amended to include provisions of this Lease Addendum, as follows:

A. Conflict with other Provisions of the Lease. In the event of any conflict between provisions of this Lease Addendum and any sections of the Lease, the provisions of this Lease Addendum will prevail.

B. Terms of Lease. The rental term of the Lease begins on and continues until the occurrence of one of the following events:

1. The Lease isterminated by the Landlord in accordance with applicable state and local laws; or

2. The Lease is terminated by the Tenant in accordance with the Lease, or by mutual agreement during the term of the Lease; or

3. The TBRA Contract is terminated.

C. Housing Assistance Payment. Each month the Santa Monica Housing Authority (SMHA) will make a Housing Assistance Payment to the Landlord on behalf of the tenant. This payment shall be credited by the Landlord toward the monthly rent. The balance of the monthly rent shall be paid by the tenant.

D. Security Deposit.

1. The Tenant has deposited $ with the Landlord as a Security Deposit. The Landlord will hold this Security Deposit during the period the Tenant occupies the apartment under the Lease. The Landlord will comply with state and local laws regarding interest earned on Security Deposits.

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2. After the Tenant has vacated the apartment under the Lease, the Landlord may use the Security Deposit as reimbursement for rent or toward any other amounts payable by Tenant under the Lease, in accordance with state and local laws. The Landlord will provide the Tenant a written list specifying all damages, items, and amounts charged against the Security Deposit. Any SecurityDeposit amount remaining after the reimbursement to the Landlord has been deducted shall be promptly refunded to the Tenant.

E. Household Members. Household members authorized to live in this apartment are listed below. Tenant may not permit other persons to join the household without prior written approval of the Housing Authority and Owner.

F. Housing Quality Standards. The Landlord shall maintain the apartments t , common areas, equipment, facilities and appliances in decent, safe and sanitary condition (as determined by Section 8 Housing Quality Standards).

G. Termination of Tenancy. The Landlord may evict the Tenantfollowing applicable state and local laws. The Landlord must provide the Tenant with at least 30 days’ written notice of the termination. The Landlord must notify the SMHA in writing when eviction proceedings are begun. This may be done by providing the SMHA with a copy of the required notice to the Tenant.

H. Prohibited Lease Provision. Any provision of the Lease which falls within the classification below shall not apply and not be enforced by the Landlord.

1. Confession of Judgment. Consent by the Tenant to be sued, to admit guilt, or to a judgment in favor of the landlord in a lawsuit brought in connection with the Lease.

2. Treatment of Property. Agreement by the Tenant that the Landlord may take or hold the Tenant’s property, or may sell such property without notice to the Tenant and a court decision on the rights of the parties.

3. Excusing the Landlord from Responsibility. Agreement by the Tenant not to hold the Landlord or Landlord’s agent legally responsible for any action or failure to act, whether intentional or negligent.

4. Waiver of Legal Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant.

5. Waiver of Court Proceeding for Eviction. Agreement by the Tenantthat the Landlord

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may evict a Tenant Household (i) without instituting a civil court proceeding in which the Household has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties.

6. Waiver of Jury Trial. Authorization to the Landlord to waive the Tenant’s right to a jury trial.

7. Waiver of Right to Appeal Court Decision. Authorization to the Landlord to waive the Tenant’s right to appeal a court decision or waive the Tenant’s right to sue to prevent a judgment from being put into effect.

8. Tenant Chargeable with Cost of Legal Action Regardless of Outcome of the Lawsuit.

Agreement by the Tenant to pay lawyer’s fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins.

I. Nondiscrimination. The Landlord shall not discriminate against the Tenant in the Provision of services, or in any other manner, on the grounds of age, race, color, creed, religion, sex, disability, national origin, marital or familial status, or sexual orientation.

TENANT SIGNATURES LANDLORD SIGNATURES
Printed Name of Head of Household: Landlord Name:

Signature of Head of Household and Date: Printed Name of Landlord Representative:

Printed Name of Co-Head or Spouse: Signature of Landlord Representative and Date:

Signature of Co-Head or Spouse and Date:

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CHAPTER 21 : TEMPORARY POLICY SUPPLEMENT
CHAPTER 22 EMERGENCY HOUSING VOUCHERS (EHVs)

INTRODUCTION
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2). Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19.

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

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

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

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

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

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

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

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

Administrative Fee and Funding
The following four types of fees and funding are allocated as part of the EHV program:
• Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies:
- $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended.
- This fee may be used for any eligible administrative expenses related to EHVs. - The fee may also be used to pay for any eligible activities under EHV service fees (TPSI.B).

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• Placement fees/expedited issuance reporting fees will support initial lease-up costs and the added cost and effort required to expedite leasing of EHVs:
- $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center–Next Generation (PIC–NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees:
o $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or
o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates.
- Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers.
• Ongoing administrative fees, which are calculated in the same way as the standard HCV program:
- PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding.
• Services fees, which are a one-time fee to support PHAs’ efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B):
- The fee is allocated once the PHA’s CACC is amended to reflect EHV funding. - The amount allocated is $3,500 for each EHV allocated.

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TPS-I.B. SERVICE FEES
Services fee funding must be initially used for defined eligible uses and not for other administrative expenses of operating the EHV program. Service fees fall into four categories:
• Housing search assistance
• Security deposit/utility deposit/rental application/holding fee uses • Owner-related uses
• Other eligible uses such as moving expenses or tenant-readiness services The PHA must establish the eligible uses and the parameters and requirements for service fees in the PHA’s administrative plan.

PHA Policy
Per the Memorandum of Understanding (MOU), the Continuum of Care (CoC) will provide services. The service fees will be used to fill any gaps. Direct assistance will be coordinated through the service provider, as assigned by the CoC through the EHV matching process.

The eligible uses for service fees include:

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

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

Holding fees are fees an owner requests that are rolled into the security deposit after an application is accepted but before a lease is signed. The PHA may cover part or all of the holding fee for units where the fee is required by the owner after a tenant’s application has been accepted but before the lease signing. The PHA and owner must agree how the holding fee gets rolled into the deposit, and under what conditions the fee will be returned. In general, owners need to accept responsibility for making needed repairs to a unit required by the initial housing quality standards (HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a lease.

Security deposit assistance. The amount of the security deposit assistance may not exceed the lesser of two months’ rent to owner, the maximum security deposit allowed under applicable state and/or local law, or the actual security deposit required by the owner. The PHA may pay the security deposit assistance directly to the owner or may pay the assistance to the family. If paid to the family, the PHA will require documentation that the family paid the security deposit.

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Utility deposit assistance/utility arrears. The PHA may provide utility deposit assistance for some or all of the family’s utility deposit expenses. Assistance can be provided for deposits (including connection fees) required for the utilities to be supplied by the tenant under the lease. The PHA may pay the utility deposit assistance directly to the utility company or may pay the assistance to the family. If paid to the family, the PHA will require documentation the family paid the utility deposit. The PHA will require the utility supplier or family to return the utility deposit assistance to the PHA at such time the deposit is returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some families may have large balances with gas, electric, water, sewer, or trash companies that will make it difficult if not impossible to establish services for tenant-supplied utilities. The PHA may also provide the family with assistance to help address these utility arrears to facilitate leasing. Utility deposit assistance returned to the PHA will be used for either services fee eligible uses or other EHV administrative costs, as required by HUD.

Owner recruitment and outreach for EHVs. The PHA may use the service fee funding to conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner recruitment and outreach, activities may include conducting pre-inspections or otherwise expediting the inspection process, providing enhanced customer service, and offering owner incentive and/or retention payments.

Owner incentive and/or retention payments. The PHA may make incentive or retention payments to owners that agree to initially lease their unit to an EHV family and/or renew the lease of an EHV family.

Payments will be made as a single payment at the beginning of the assisted lease term (or lease renewal if a retention payment). Owner incentive and retentions payments are not housing assistance payments, are not part of the rent to owner, and are not taken into consideration when determining whether the rent for the unit is reasonable.

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

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

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

Renter’s insurance if required by the lease. The PHA may choose to assist the family with some or all this cost.

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

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

PHA Policy
The SMHA has entered into an MOU with the Los Angeles Homeless Services Authority (LAHSA). See Exhibit TPS-1 for a copy of the MOU.

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

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

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

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PHA Policy
The CoC must establish and implement a system to identify EHV-eligible individuals and families within the agency’s caseload and make referrals to the PHA. The CoC must certify that the EHV applicants they refer to the PHA meet at least one of the four EHV eligibility criteria. The PHA will maintain a copy of the referral or certification from the CoC in the participant’s file along with other eligibility paperwork. Homeless service providers may, but are not required to, use the certification form found in Exhibit TPS-2 of this chapter. Victim services providers may, but are not required to, use the certification form found in Exhibit TPS-3 of this chapter when identifying eligible families who qualify as victims of human trafficking.

As part of the MOU, the PHA and CoC will identify staff positions to serve as lead EHV liaisons. These positions will be responsible for transmission and acceptance of referrals.

The CoC must commit sufficient staff and resources to ensure eligible individuals and families are identified and determined eligible in a timely manner.

The PHA liaison responsible for acceptance of referrals will contact the CoC liaison via email indicating the number of vouchers available and requesting an appropriate number of referrals. The CoC liaison will provide the PHA with a list of eligible referrals including the name, address, and contact phone number for each adult individual who is being referred; a completed release form for each adult family member; and a written certification for each referral indicating they are EHV-eligible.

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

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

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

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

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

PHA Policy
The PHA will post information on the SMHA website about the EHV program for families on the PHA’s HCV waiting list. The notice will:

Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process
Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for EHV assistance The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities in accordance with Chapter

2. The PHA will also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2.

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

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

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

PHA Policy
The PHA does not offer either a homeless or a VAWA preference for the HCV waiting list.

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

PHA Policy
LAHSA/the LA CoC will make EHV referrals in accordance with the prioritization policies adopted by the CES Policy Council. The LA CoC geography includes multiple PHAs and therefore the Coordinated Entry System (CES) will need to determine which clients to refer to the SMHA. Within each priority category, LAHSA matchers (as the CES lead for the CoC) will prioritize SMHA referrals to households that are most logical to be assisted by SMHA, based on whether they have service connections within the city of Santa Monica and where they individual or family is located. This geographic prioritization is consistent with LA CoC’s SPA-level CES approach and will ensure that:

1. Eligible households referred to SMHA can maintain access to critical supportive services offered by their current service providers,

2. recently homeless households who have been housed within the City of Santa Monica and are receiving temporary rental assistance can transition in place while minimizing the burden to SMHA of administering EHV, and

3. the EHV resources provided to SMHA can be targeted to meet the needs of the significant number of households experiencing homelessness, fleeing domestic violence, sexual assault, stalking, human trafficking, and those at0risk of homelessness within the City of Santa Monica.

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PART IV: FAMILY ELIGIBLTY
TPS-IV.A. OVERVIEW
The CoC or referring agency determines whether the individual or family meets any one of the four eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA.

The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV program and outlined below.

TPS-IV.B. REFERRING AGENCY DETERMINATION OF ELIGIBLITY
In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria:
• Homeless as defined in 24 CFR 578.3;
• At risk of homelessness as defined in 24 CFR 578.3;
• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section 7102); or
• Recently homeless and for whom providing rental assistance will prevent the family’s homelessness or having high risk of housing instability as determined by the CoC or its designee in accordance with the definition in Notice PIH 2021-15.

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

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

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

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

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

PHA Policy
While the PHA will deny admission to the program if any adult member (or head of household or spouse, regardless of age) fails to sign and submit consent forms, the PHA will first notify the family of the limited EHV grounds for denial of admission as part of the notice of denial that will be mailed to the family.

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

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

PHA Policy
The PHA will not adopt any permissive prohibitions for the EHV Program.

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

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

PHA Policy
Any documents used for verification must be the original (not photocopies) and dated within the 60-day period prior to admission. The documents must not be damaged, altered, or in any way illegible.

Printouts from webpages are considered original documents.

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

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

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

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PHA Policy
The PHA will accept income calculations and verifications from third-party providers provided they meet the criteria outlined above.

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

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

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

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

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

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

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

PHA Policy
The PHA will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals

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must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

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

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

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

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

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

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

PHA Policy
The PHA will include the admission of extremely low-income EHV families in its income targeting numbers for the fiscal year in which these families are admitted.

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

PHA Policy
All EHVs will have an initial term of 120 calendar days.

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

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

At a minimum, housing search assistance must:
• Help individual families identify potentially available units during their housing search, including physically accessible units with features for family members with disabilities, as well as units in low-poverty neighborhoods;
• Provide transportation assistance and directions to potential units; • Conduct owner outreach;
• Assist with the completion of rental applications and PHA forms; and • Help expedite the EHV leasing process for the family
PHA Policy
As identified in the MOU between the PHA and CoC, the following housing search assistance will be provided to each EHV family, as needed:

Security Deposits: Security deposit fees will be provided by LAHSA to the extent possible.

SMHA, LAHSA, and/or a partnering service provider will further assist individuals and families in the Program by providing the following services:
• LAHSA will assist individuals and families with the completion of rental applications and forms, obtain necessary supporting documentation for referrals and

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applications for assistance, and assist with addressing or mitigating barriers to leasing.
• Housing search assistance for eligible individuals and families. • Partnering service providers will support SMHA to ensure appointment notifications to eligible individuals and families, and assist eligible households in attending appointments with SMHA.
• SMHA will establish timeframes for applicants to complete intake appointments for EHV assistance.
• SMHA and partnering service providers will provide counseling on compliance with lease requirements.
• Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable.

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

PHA Policy
To expedite the leasing process, the PHA may pre-inspect available units that EHV families may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit that passed a HQS pre-inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305.

The family will be free to select his or her unit.

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

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

TPS-V.E. PORTABILITY
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below. Nonresident Applicants Under EHV, applicant families may move under portability even if the family did not have legal

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residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.

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

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

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

PHA Policy
In addition to following PHA policy on briefings in Chapter 5, as part of the briefing packet for EHV families, the PHA will include a written notice that the PHA will assist the family with moves under portability.

For limited English proficient (LEP) applicants, the PHA will provide interpretation services in accordance with the PHA’s LEP plan (See Chapter 2).

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

PHA Policy
For EHV families who are exercising portability, when the PHA contacts the receiving PHA in accordance with Section 10-II.B. Preapproval Contact with Receiving PHA, the PHA will consult and coordinate with the receiving PHA to ensure there is no duplication of EHV services and assistance, and ensure the receiving PHA is aware of the maximum amount of services fee funding that the initial PHA may provide to the receiving PHA on behalf of the family.

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

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

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

The initial PHA qualifies for the issuance reporting component of the placement fee/issuance reporting fee, as applicable.

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

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

The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area. - The PHA must notify HUD if it establishes an EHV exception payment standard based on the SAFMR.

PHA Policy
The PHA currently has an exception payment standard approved by HUD and will not establish a higher payment standard amount for EHVs. The PHA will use the same payment standards for HCV and EHV.

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

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

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PHA Policy
The PHA will not establish an alternative policy for increases in the payment standard.

PHA policy in Section 11-III.B. governing increases in payment standards will apply to EHV.

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

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

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

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

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

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

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

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

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Exhibit TPS-1: MEMORANDUM OF UNDERSTANDING (MOU)
ATTACHMENT 2 OF NOTICE PIH 2021-15 - SAMPLE MOU TEMPLATE Memorandum of Understanding
[** This sample document demonstrates the Memorandum of Understanding requirements for the administration Emergency Housing Voucher. Unless otherwise noted, all elements are required. **]
This Memorandum of Understanding (MOU) has been created and entered into on [** Insert execution date. **].
[PHA Name and Address]
[CoC Name and Address]
I. Introduction and Goals (the following elements, listed in a. – c., are required elements of the MOU):
a. PHA and CoC’s commitment to administering the EHVs in accordance with all program requirements.
b. PHA goals and standards of success in administering the program. c. Identification of staff position at the PHA and CoC who will serve as the lead EHV liaisons.

Lead HCV Liaison:
[Name and title of PHA staff position]
Responsibilities of the PHA EHV liaison [**Optional**]. [Name and title of CoC staff position]
Responsibilities of the CoC EHV liaison [**Optional**].

II. Define the populations eligible for EHV assistance to be referred by CoC.

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III. Services to be provided to eligible EHV families

1. List the services to be provided to assist individuals and families have success in the program and who will provide them.
[**The following services are listed for example purposes. **]

1. Partnering service providers will support individuals and families in completing applications and obtaining necessary supporting documentation to support referrals and applications for assistance; while aiding households in addressing barriers.

2. Partnering service providers will support PHAs in ensuring appointment notifications to eligible individuals and families and will assist eligible households in getting to meetings with the PHA.

3. PHAs will establish windows of time for EHV applicants to complete intake interviews for EHV.

4. Partnering service providers will provide housing search assistance for eligible individuals and families.

5. Partnering service providers will provide counseling on compliance with rental lease requirements.

6. Partnering service providers will assess individuals and families who may require referrals for assistance on security deposits, utility hook-up fees, and utility deposits.

7. Partnering service providers will assess and refer individuals and families to benefits and supportive services, where applicable.

IV. PHA Roles and Responsibilities
[**The following responsibilities are listed for example purposes. **]

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

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

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

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

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

6. Comply with the provisions of this MOU.

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

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

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

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

4. Attend EHV participant briefings when needed.

5. Assess all households referred for EHV for mainstream benefits and supportive services available to support eligible individuals and families through theirtransition.

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

7. Comply with the provisions of this MOU.

VI. Third Party Entity Roles Responsibilities
[**The following responsibilities are listed for example purposes. **]

1. Describe how the State, local, philanthropic, faith-based organizations, Victim Service Providers or CoC recipients it designates will fulfill each of the following responsibilities:
a. Outline resource and/or service being provided in support of the community’s EHV Program. Commit a sufficient number of staff and necessary resources to ensure that the application, certification and voucher issuance processes are completed in a timely manner.
b. Comply with the provisions of this MOU. VII. Program Evaluation The PHA, and CoC or designated CoC recipient agree to cooperate with HUD, provide requested data to HUD or HUD-approved contractor delegated the responsibility of program evaluation protocols established by HUD or HUD-approved contractor, including possible random assignment procedures.

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[Signed and dated by the official representatives of the PHA, CoC, CoC Contractor organization (if applicable), and third-party entities (if applicable.] Signed by
Executive Director, PHA Date
CoC Executive Director Date

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Exhibit TPS-2: HOMELESS PROVIDER’S CERTIFICATION
Attachment 3 of Notice PIH 2021-15 Example of a Homeless Provider’s Certification Emergency Housing Voucher (EHV)

HOMELESS CERTIFICATION
EHV Applicant Name:

Household without dependent children (complete one form for each adult in the household)
Household with dependent children (complete one form for household) Number of persons in the household:

This is to certify that the above named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situationCHECK ONLY ONE BOX AND COMPLETE ONLY THAT SECTION Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks)
The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground.

Description of current living situation:

Homeless Street Outreach Program

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Name:

This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc.

Authorized Agency Representative Signature:

Date:

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

Emergency Shelter Program Name:

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

Authorized Agency Representative Signature: Date
:

Living Situation: Recently Homeless
The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.)
Authorized Agency Representative Signature:

This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:

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emergency shelter OR a place unfit for human habitation Authorized Agency Representative Signature:

Date:

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Exhibit TPS-3: EXAMPLE OF A VICTIM SERVICES PROVIDER’S CERTIFICATION Attachment 4 of Notice PIH 2021-15: Example of a Victim Services Provider’s Certification Emergency Housing Voucher (EHV)

SAMPLE HUMAN TRAFFICKING CERTIFICATION
Purpose of Form:

The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives.

Use of This Optional Form:

In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance.

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

TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR EHV Applicant Name:

This is to certify that the above named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:

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This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual(s) named above is/has been a victim of human trafficking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Authorized Agency Representative Signature: Date:

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GLOSSARY
A. ACRONYMS USED IN THE HOUSING VOUCHER PROGRAMS
AAF Annual adjustment factor (published by HUD in the Federal Register and used to compute annual rent adjustments)
ACC Annual contributions contract
ADA Americans with Disabilities Act of 1990
AIDS Acquired immune deficiency syndrome
BR Bedroom
CDBG Community Development Block Grant (Program)
CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”)
CoC Continuum of Care (Program)
CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator)
EID Earned income disallowance
EIV Enterprise Income Verification
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration (HUD Office of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent
FR Federal Register
FSS Family Self-Sufficiency (Program)
FY Fiscal year
FYE Fiscal year-end
GAO Government Accountability Office
GR Gross rent
HA Housing authority or housing agency
HAP Housing assistance payment
HCV Housing choice voucher
HQS Housing quality standards.

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HUD Department of Housing and Urban Development
HUDCLIPS HUD Client Information and Policy System
IPA Independent public accountant
IRA Individual retirement account
IRS Internal Revenue Service
JTPA Job Training Partnership Act
LBP Lead-based paint
LEP Limited English proficiency
MSA Metropolitan statistical area (established by the U.S. Census Bureau) MTCS Multi-family Tenant Characteristics System (now the Form HUD-50058 submodule of the PIC system)
MTW Moving to Work
NOFA Notice of funding availability
OGC HUD’s Office of General Counsel
OIG HUD’s Office of Inspector General
OMB Office of Management and Budget
PASS Plan to Achieve Self-Support
PHA Public housing agency
PIC PIH Information Center
PIH (HUD Office of) Public and Indian Housing
PS Payment standard
QC Quality control
QHWRA Quality Housing and Work Responsibility Act of 1998 (also known as the Public Housing Reform Act)
REAC (HUD) Real Estate Assessment Center
RFP Request for proposals
RFTA Request for tenancy approval
RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level)
SEMAPSection 8 Management Assessment Program
SRO Single room occupancy
SHP Supportive Housing Program

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SSA Social Security Administration
SSI Supplemental security income
SWICA State wage information collection agency
TANF Temporary assistance for needy families
TPV Tenant protection vouchers
TR Tenant rent
TTP Total tenant payment
UA Utility allowance
UFAS Uniform Federal Accessibility Standards
UIV Upfront income verification
URP Utility reimbursement payment
VAWA Violence Against Women Reauthorization Act of 2013

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

Accessible. The facility or portion of the facility can be approached, entered, and used by individuals with physical handicaps.

Adjusted Income. Annual income, less allowable HUD deductions.

Adjusted Annual Income. Same as Adjusted Income.

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

Administrative fee reserve (formerly “operating reserve”). Account established by PHA from excess administrative fee income. The administrative fee reserve must be used for housing purposes. See §982.155. Administrative fee reserves from FY 2004 and 2005 funding are further restricted to activities related to the provision of tenant-based rental assistance authorized under Section 8.

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

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

Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual
Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home.

Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.

Annual Income. The anticipated total income of an eligible family from all sources for the 12- month period following the date of determination of income, computed in accordance with the regulations.

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

Area Exception Rent. An amount that exceeds the published FMR. See §982.504(b).

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

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

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

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

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

Citizen. A citizen or national of the United States.

Co-head. An individual in the household who is equally responsible for the lease with the head of household. A family may have a co-head or spouse but not both. A co-head never qualifies as a dependent. The co-head must have legal capacity to enter into a lease.

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

Computer match. The automated comparison of data bases containing records about individuals.

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

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

Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see §982.606 to §982.609.

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

Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program.

Continuum of Care Program. Grant program which was created by the consolidation of the Shelter Plus Care Program and Supportive Housing Program, under the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) which amended the McKinney-Vento Homeless Assistance Act. The interim regulation was published in the Federal Register on July 31, 2012 and became effective August 30, 2012.

Contract. (See Housing Assistance Payments Contract.)
Contract authority. The maximum annual payment by HUD to a PHA for a funding increment.

Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type: see §982.619.

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

Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship Deed-Restricted Affordable Housing. Housing which is subject to a property-specific affordability covenant that establishes tenant income-eligibility and rent limits for one or more residences at a property.

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

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

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

Disabled person. See Person with Disabilities.

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

Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.

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

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

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

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

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

Eligible Family (Family). A family that is income eligible and meets the other requirements of the Act and Part 5 of 24 CFR.

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

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Evidence of citizenship or eligible status. The documents which must be submitted to evidence citizenship or eligible immigration status. See §5.508(b).

Extremely Low Income Family. A family whose annual income does not exceed 30 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. (CFR 5.603)
Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other real or personal property or interest in the property.

Fair Housing Act means title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR part 888.

Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy. - A family with or without children (the temporary absence of a child from the home due to placement in foster care is not considered in determining family composition and family size)
- An elderly family or a near-elderly family
- A displaced family
- The remaining member of a tenant family
- A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.

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

Family self-sufficiency program (FSS program). The program established by a PHA in accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including the coordination of supportive services (42 U.S.C. 1437u).

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

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

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

Foster Child Care Payment. Payment to eligible households by state, local, or private agencies appointed by the State, to administer payments for the care of foster children.

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Full-time Student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). CFR 5.603 Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program.

Gender identity. Actual or perceived gender-related characteristics.

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

Group home. A dwelling unit that is licensed by a State as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). A special housing type: see §982.610 to §982.614.

Handicap. Any condition or characteristic that renders a person an individual with handicaps.

See 24CFR 8.3.

Handicap Assistance Expense. See “Disability Assistance Expense.” HAP contract. Housing assistance payments contract. (Contract). A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family.

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

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

Housing agency (HA). A State, county, municipality or other governmental entity or public body (or agency or instrumentality thereof) authorized to engage in or assist in the development or operation of low-income housing. (“PHA” and “HA” mean the same thing.) Housing Quality Standards. The HUD minimum quality standards for housing assisted under the voucher program.

HUD. The Department of Housing and Urban Development.

Imputed Asset. Asset disposed of for less than Fair Market Value during two years preceding examination or reexamination.

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

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

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

Income For Eligibility. Annual Income.

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

Individual with handicaps. Any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such impairment.

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

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

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

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

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

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

Limited English Proficient. Term used to describe individuals who, due to their national origin, “do not speak English as their primary language and who have a limited ability to speak, read, write or understand English.

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

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

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

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

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

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

See §982.622 to §982.624.

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

Merger Date. October 1, 1999.

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

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

Monthly adjusted income. One twelfth of adjusted income.

Monthly income. One twelfth of annual income.

Mutual housing. Included in the definition of “cooperative.” National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.

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

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of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.

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

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

Notice of Funding Availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding.

This document explains how to apply for assistance and the criteria for awarding the funding.

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

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

Owner. Any person or entity with the legal right to lease or sublease a unit to a participant.

PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.

PHA’s quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3.

Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term).

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Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family).

Persons With Disabilities. A person who has a disability as defined in 42 U.S.C. 423 or a developmental disability as defined in 42 U.S.C. 6001. Also includes a person who is determined, under HUD regulations, to have a physical or mental impairment that is expected to be of long-continued and indefinite duration, substantially impedes the ability to live independently, and is of such a nature that the ability to live independently could be improved by more suitable housing conditions. For purposes of reasonable accommodation and program accessibility for persons with disabilities, means and “individual with handicaps” as defined in 24 CFR 8.3. Definition does not exclude persons who have AIDS or conditions arising from AIDS, but does not include a person whose disability is based solely on drug or alcohol dependence (for low-income housing eligibility purposes). See “Individual with handicaps”
Portability. Renting a dwelling unit with Section 8 housing choice voucher outside the jurisdiction of the initial PHA.

Premises. The building or complex in which the dwelling unit is located, including common areas and grounds.

Private space. In shared housing: The portion of a contract unit that is for the exclusive use of an assisted family.

Processing entity. The person or entity that, under any of the programs covered, is responsible for making eligibility and related determinations and any income reexamination. In the Section 8 program, the “processing entity” is the “responsible entity.” Project owner. The person or entity that owns the housing project containing the assisted dwelling unit.

Proof f EfortProf of efort is a form the PHA requires applicants and particpants to filout when requesting an extension of avoucher.The Prof of Efort form must demonstrate to theHousing Authority that agood faith efort was made during the term of the voucher to find suitable housing. The form must be completed in ful, and emonstrate hat on a weekly basi, the voucher holder was communicating with property owners/property management companies in the jurisdiction and visited potential partments. The PHA may verify the information provided. Proof fefort may also include searches outside of Santa Monica if necesary. If avoucher holder submits aProf ofEffort form that isnsufficent by these tandards, the PHA may deny an extension request.

Public Assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by Federal, state, or local governments.

Public Housing Agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.

Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises.

Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant-based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family.

Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported.

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Remaining Member of Tenant Family. Person left in assisted housing who may or may not normally qualify for assistance on own circumstances (i.e., an elderly spouse dies, leaving widow age 47 who is not disabled).

Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance and utilities that the owner is required to provide and pay for.

Residency Preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (“residency preference area”).

Residency Preference Area. The specified area where families must reside to qualify for a residency preference.

Responsible entity. For the public housing and the Section 8 tenant-based assistance, projectbased voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner.

Secretary. The Secretary of Housing and Urban Development.

Section 8. Section 8 of the United States Housing Act of 1937.

Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under section 202 of the Housing Act of 1959.

Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended Section 214 covered programs is the collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in §5.500.

Security Deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease.

Set-up charges. In a manufactured home space rental: Charges payable by the family for assembling, skirting and anchoring the manufactured home.

Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).

Sexual orientation. Homosexuality, heterosexuality or bisexuality.

Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. A special housing type: see §982.615 to §982.618.

Single person. A person living alone or intending to live alone.

Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. A special housing type: see §982.602 to §982.605.

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Social Security Number (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person's earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.

Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant's waiting list position.

Special housing types. See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental).

Specified Welfare Benefit Reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.

Spouse. The marriage partner of the head of household.

Stalking. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or others; or suffer substantial emotional distress.

State Wage Information Collection Agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.

Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.

Supportive Housing. Affordable housing, owned by a nonprofit organization, with on-site social services for tenants with special needs.

Suspension. The term on the family’s voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied. This practice is also called “tolling”.

Tenancy Addendum. For the Housing Choice Voucher Program, the lease language required by HUD in the lease between the tenant and the owner.

Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.

Tenant rent to owner. See “Family rent to owner”.

Term of Lease. The amount of time a tenant agrees in writing to live in a dwelling unit.

Total Tenant Payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.

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Packet Pg. 1033 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.

Unlimited copies may be made for internal use.

GL-16
Unit. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms.

Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included.

Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.

Utility reimbursement. In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner.

Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.

Vacancy Loss Payments. (Applies only to pre-10/2/95 HAP Contracts in the Rental Certificate Program). When a family vacates its unit in violation of its lease, the owner is eligible for 80% of the contract rent for a vacancy period of up to one additional month, (beyond the month in which the vacancy occurred) if s/he notifies the PHA as soon as s/he learns of the vacancy, makes an effort to advertise the unit, and does not reject any eligible applicant except for good cause.

Very Low Income Family. A low-income family whose annual income does not exceed 50% of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50% of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program.

Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.

Violence Against Women Reauthorization Act (VAWA) of 2013. Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the applicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking.

Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.

Vital Documents. Any “document that is critical for ensuring meaningful access to the [PHA’s] major activities generally and LEP persons specifically.” Whether a document is vital

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Packet Pg. 1034 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.

Unlimited copies may be made for internal use.

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depends on the “importance of the program, information, encounter, or service involved, and the consequence to the LEP person if the information in question is not provided accurately or in a timely manner.”
Voucher (Housing Choice Voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program.

Voucher holder. A family holding a voucher with an unexpired term (search time).

Voucher program. The housing voucher program.

Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available.

Waiting list admission. An admission from the PHA waiting list.

Welfare assistance. Income assistance from Federal or State welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, child care or other services for working families. FOR THE FSS PROGRAM (984.103(b)), “welfare assistance” includes only cash maintenance payments from Federal or State programs designed to meet a family’s ongoing basic needs, but does not include food stamps, emergency rental and utilities assistance, SSI, SSDI, or Social Security.

Welfare-to-work (WTW) family. A family assisted by a PHA with Voucher funding awarded to the PHA under the HUD welfare-to-work voucher program (including any renewal of such WTW funding for the same purpose).

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Packet Pg. 1035 Attachment: FY21-22 Santa Monica Housing Authority Administrative Plan (4952 : Adoption of Fiscal Year 2022-2023 Santa Monica Public 5-Year PHA Plan
(for All 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-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs.