Santa Monica City Council
April 11, 2023

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.
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.

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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;
• 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.

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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 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.

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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
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.

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Unlimited copies may be made for internal use.

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).

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

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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
• 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

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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.

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 tem 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 ten 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.

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

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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.

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.

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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.

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.

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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.

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.

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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
• 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.

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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.

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.

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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: CONTINUUM OF CARE (COC)
PART I: OVERVIEW OF THE COC PROGRAM
18-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 18-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.
• Promote access to and effective use of mainstream programs by homeless individuals and households.

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• Optimize self-sufficiency among individuals and households experiencing homelessness. 18-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 18X.D.). 18-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
• Serious mental illness

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• 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.
18-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
18-I.F. MATCH REQUIREMENT [24 CFR 578.73]

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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.
18-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

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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.
18-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) 18-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.
18-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
18-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
18-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.
18-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
18-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.

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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.
18-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

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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. 18-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. 18-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. 18-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.

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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. 18-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.
18-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.

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.
18-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) 18-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. 18-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 reexamination. 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. 18-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. 18-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. 18-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) 18-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 18-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.
18-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. 18-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

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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 households annually. 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.

PART XI: REEXAMINATIONS [24 CFR 582.310]
(Refer to THE PHA Administrative Plan, Chapter 11, pages11.1 and 11.5)

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PART XII: TERMINATION OF ASSISTANCE AND TENANCY
(Refer to THE PHA Administrative Plan, Chapter 12 pages12.2 to 12.21)

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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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CHAPTER 19: HOME TENANT BASED RENTAL ASSISTANCE
PART I: OVERVIEW OF THE HOME PROGRAM
19-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. 19-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. 19-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

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document, in writing, their efforts to secure security deposit funding from other sources and 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. 19-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. 19-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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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
19-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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Homelessness, refer to 19-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 testablish 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.
19-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.

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19-III.C. CRIMINAL BACKGROUND CHECKS
(Refer to PHA Administrative Plan, Chapter 3, pages 3-23 to 3-25) All participants will undergo criminal background checks based on Section 8 Housing Choice Voucher regulations.

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PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION
19-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.
19-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. 19-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. 19-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. 19-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:

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• At Risk of Homelessness
• Senior/Disabled Homeless (Chronically Homeless individuals will be referred to the CoC program)
• 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.
19-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 30

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PREFERENCE POINT VALUE
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
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:
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PREFERENCE POINT VALUE

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
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
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PREFERENCE POINT VALUE
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);
• 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

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PREFERENCE POINT VALUE
• 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:

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.

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PREFERENCE POINT VALUE
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
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.

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PREFERENCE POINT VALUE
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
3 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.

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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.

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PART V: BRIEFINGS AND VOUCHER ISSUANCE
(Refer to PHA Administrative Plan, Chapter 5, pages 5-2 to 5-14) 19-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. 19-V.B. VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL
Upon the completion of the initial briefing, a HOME voucher will be issued to the applicant.

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).

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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) 19-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.
households

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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

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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 PHA Administrative Plan, Chapter 8, pages 8-2 to 8-27) 19-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.
19-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) 19-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 reexaminations. In cases where a household experiences a change in household composition and/or income between annual reexamination, the PHA will process an interim reexamination.

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 reexaminations, please refer to Chapter 11 of the Section 8 HCV Administrative Plan.

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PART XII: TERMINATION OF ASSISTANCE AND TENANCY
(Refer to PHA Administrative Plan, Chapter 12, pages 12-2 to 12-21)

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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.

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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.

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 Security Deposit 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

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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 Tenant that the Landlord 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 20: Temporary Policy Supplement
CHAPTER 21 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.

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Packet Pg. 1943 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-7
Unlimited copies may be made for internal use.

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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Packet Pg. 1944 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-8
Unlimited copies may be made for internal use.

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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Packet Pg. 1945 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-9
Unlimited copies may be made for internal use.

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.

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Packet Pg. 1948 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-12 Unlimited copies may be made for internal use.

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.

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.

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Packet Pg. 1949 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-13 Unlimited copies may be made for internal use.

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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Packet Pg. 1950 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-14 Unlimited copies may be made for internal use.

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.

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Packet Pg. 1951 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-15 Unlimited copies may be made for internal use.

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.

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.

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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 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

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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.

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

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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 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.

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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 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.

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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).

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.

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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.

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.

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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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Packet Pg. 1960 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-24 Unlimited copies may be made for internal use.

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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Packet Pg. 1961 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-25 Unlimited copies may be made for internal use.

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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Packet Pg. 1962 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-26 Unlimited copies may be made for internal use.

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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Packet Pg. 1963 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-27 Unlimited copies may be made for internal use.

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 coordinated entry 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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Packet Pg. 1964 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-28 Unlimited copies may be made for internal use.
[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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Packet Pg. 1965 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-29 Unlimited copies may be made for internal use.

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
Name:

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Packet Pg. 1966 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-30 Unlimited copies may be made for internal use.

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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Packet Pg. 1967 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-31 Unlimited copies may be made for internal use.

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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Packet Pg. 1968 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-32 Unlimited copies may be made for internal use.
emergency shelter OR a place unfit for human habitation Authorized Agency Representative Signature:

Date:

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Packet Pg. 1969 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-33 Unlimited copies may be made for internal use.

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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Packet Pg. 1970 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates,Inc. Page 20-34 Unlimited copies may be made for internal use.

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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Packet Pg. 1971 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
Unlimited copies may be made for internal use.

GL-1

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.

HUD Department of Housing and Urban Development
HUDCLIPS HUD Client Information and Policy System

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Packet Pg. 1972 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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IPA Independent public accountant
IRA Individual retirement account
IRS Internal Revenue Service
IVT Income Validation Tool
JTPA Job Training Partnership Act
LBP Lead-based paint
LEP Limited English proficiency
MSA Metropolitan statistical area (established by the U.S. Census Bureau) 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)
SEMAP Section 8 Management Assessment Program
SRO Single room occupancy
SHP Supportive Housing Program
SSA Social Security Administration
SSI Supplemental security income

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Packet Pg. 1973 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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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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Packet Pg. 1974 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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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 tenant-based programs. The Administrative Plan and any revisions must be approved by the PHA’s board and included as a supporting document to the PHA Plan. See §982.54.

Admission. The point when the family becomes a participant in the program. The date used for this purpose is the effective date of the first HAP contract for a family (first day of initial lease term) in a tenant-based program.

Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of that individual, or an individual to whom that individual stands in loco parentis (in the place of a parent), or any individual, tenant, or lawful occupant living in the household of that individual
Amortization payment. In a manufactured home space rental: The monthly debt service payment by the family to amortize the purchase price of the manufactured home.

Annual 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). “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.)

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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 their 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.

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

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Packet Pg. 1976 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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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.

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

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Packet Pg. 1977 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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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.

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

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Packet Pg. 1978 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
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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 within its jurisdiction to promote self-sufficiency among participating families, including the coordination of supportive services to these families (24 CFR 984.103).

Family share. The portion of rent and utilities paid by the family. For calculation of family share, see §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.

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.”

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Packet Pg. 1979 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2022 Nan McKay & Associates
Unlimited copies may be made for internal use.

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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 their representative or the managing agent or their representative, as shall be designated by the owner.

Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a family with housing assistance payments under a 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.

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

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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 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

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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).

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”

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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 of Effort Proof of effort is a form the PHA requires applicants and participants to fill out when requesting an extension of a voucher. The Proof of Effort form must demonstrate to the Housing Authority that a good faith effort was made during the term of the voucher to find suitable housing. The form must be completed in full, and demonstrate that on a weekly basis, the voucher holder was communicating with property owners/property management companies in the jurisdiction and visited potential apartments. The PHA may verify the information provided. Proof of effort may also include searches outside of Santa Monica if necessary. If a voucher holder submits a Proof of Effort form that is insufficient by these standards, 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.

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.

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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.

Small rural public housing agency (PHA). Section 38 defines the term “small public housing agency” as a public housing agency “for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer” and “that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.” After consideration of the public comments discussed above, HUD is interpreting “predominantly operates in a rural area” to mean a small PHA that:

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(1) Has a primary administrative building with a physical address in a rural area as described in 12 CFR 1026.35(b)(2)(iv)(A); or
(2) More than 50 percent of its combined public housing units and voucher units under section 8(o) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also clarifies that voucher units under section 8(o) include those in the tenant-based Housing Choice Voucher (HCV) program and the Project-Based Voucher (PBV) program.

Social Security Number (SSN). The nine-digit number that is assigned to a person by the Social Security Administration and that identifies the record of the person's earnings reported to the Social Security Administration. The term does not include a number with a letter as a suffix that is used to identify an auxiliary beneficiary.

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.

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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.

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.

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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 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 (24 CFR 984.103), welfare assistance includes only cash maintenance payments designed to meet a family’s ongoing basic needs.

Does not include nonrecurring short term benefits designed to address individual crisis situations, work subsidies, supportive services such as 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, financial empowerment, transitional services, job retention, job advancement, and other employmentrelated services that to not provide basic income support, amounts solely directed to meeting housing expenses, amounts for health care, Supplemental Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and child-only or non-needy TANF grants made to or on behalf of a dependent child solely on the basis of the child’s need and not the need of the child’s current non-parental caretaker.

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. 1988 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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SANTA MONICA HOUSING AUTHORITY

FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN
Approved by the Housing Division Manager and Submitted to HUD on 11.17.2022 Attachment C

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Packet Pg. 1989 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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FSS Program Action Plan
Table of Contents
INTRODUCTION .......................................................................................................................... 3 PROGRAM SIZE AND CHARACTERISTICS ............................................................................ 4 PROGRAM OBJECTIVES [24 CFR 984.102].............................................................................. 6 SELECTION PROCEDURES........................................................................................................ 7 OUTREACH EFFORTS................................................................................................................. 9 ASSURANCE OF NONINTERFERENCE ................................................................................. 10 ACTIVITIES AND SUPPORT SERVICES ................................................................................ 11 METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS.................................................... 13 CONTRACT OF PARTICIPATION............................................................................................ 14

PROGRAM TERMINATION, WITHHOLDING OF SERVICES, AND GRIEVANCE PROCEDURES............................................................................................................................. 16 ESCROW ACCOUNT AND OTHER INCENTIVES................................................................. 18 PORTABILITY ............................................................................................................................ 19 TIMETABLE................................................................................................................................ 21

REASONABLE ACCOMMODATIONS, EFFECTIVE COMMUNICATIONS, AND LIMITED ENGLISH PROFICIENCY REQUIREMENTS .......................................................................... 22 COORDINATION OF SERVICES.............................................................................................. 23 OTHER POLICIES....................................................................................................................... 24 DEFINITIONS.............................................................................................................................. 24

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Packet Pg. 1990 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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Chapter 18

THE FAMILY SELF-SUFFICIENCY PROGRAM ACTION PLAN

INTRODUCTION
This document constitutes the Family Self Sufficiency (FSS) Program Action Plan for the FSS program operated by Santa Monica Housing Authority. It was submitted to HUD on 11/17/2022.

The purpose of the FSS Program is to promote the development of local strategies to coordinate the use of HUD assistance with public and private resources in order to enable eligible families to make progress toward economic security.

The purpose of the FSS Action Plan is to establish policies and procedures for carrying out the FSS program in a manner consistent with HUD requirements and local objectives.

This FSS Action Plan describes Santa Monica Housing Authority’s local policies for operation of the FSS program in the context of federal laws and regulations. The FSS program will be operated in accordance with applicable laws, regulations, notices and HUD handbooks. The policies in this FSS Action Plan have been designed to ensure compliance with all approved applications for HUD FSS funding.

The FSS program and the functions and responsibilities of PHA staff are consistent with Santa Monica Housing Authority’s Personnel Policy and Agency Plan.

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Packet Pg. 1991 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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PROGRAM SIZE AND CHARACTERISTICS

FAMILY DEMOGRAPHICS
These tables describe the demographics of the population expected to be served by the Santa Monica Housing Authority’s Action Plan.

The FSS program serves the following housing assistance program participants:
☐ Public Housing,
☑ Housing Choice Vouchers (HCV): Tenant-Based Vouchers
Housing Choice Vouchers (HCV): Project-Based Vouchers (PBV) ☐ Housing Choice Vouchers (HCV): HCV Homeownership
☐ Housing Choice Vouchers (HCV): Other special purpose vouchers (e.g. FUP, FUP-Y, FYI, VASH, EHV, etc.) (Specify: ________________________________________) ☐ Section 8 Moderate Rehabilitation
☐ Project-Based Rental Assistance (PBRA)
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 the supportive service needs of the families expected to participate in the FSS program.

The HCV Program is comprised of approximately 67% female heads of households (HOH) and 33% male HOHs.

The racial and ethnic makeup of the FSS program will reflect that of the PHA’s HCV program population with 83.3% identifying as Hispanic or Latino, 75.2% White, 20.6% African American,

0.4% Asian/Pacific Islander, 1.0% Native American, and 2.8% mixed ethnicity or unknown.

The average size of each household is 1.46 persons, with 84.5% of families having dependents,

9.5% homeless at admission, 65.2% elderly, and 60.2% disabled.

69.3% of families have an Adjusted Monthly Income at or above $1,000, 24.1% between $500- $1,000, 3.9% between $200-$500, 1.7% less than $200, and 0.9% at zero income.

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Packet Pg. 1992 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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SUPPORTIVE SERVICES NEEDS
Families expected to enroll in the Santa Monica Housing Authority FSS program have service needs including, but not limited to:
• Training in basic skills and executive function (including household management) • Employment training, including sectoral training and contextualized and/or accelerated basic skills instruction
• Job placement assistance
• Financial coaching, including assistance with budgeting, banking, credit, debt, and savings
• GED preparation
• Higher education guidance and support
• English as a Second Language
• Assistance accessing and paying for childcare
• Transportation assistance
• Dental care, health care, and mental health care including substance abuse treatment/ counseling
• Homeownership readiness
This list of supportive services needs is based on:
☑ Experience with past FSS or other supportive service program participants

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Packet Pg. 1993 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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PROGRAM OBJECTIVES [24 CFR 984.102]
The federal objectives for the FSS program are specified in 24 CFR 984.102.

Santa Monica Housing Authority’s FSS program seeks to help families make progress toward economic security by supporting the family’s efforts to:
• Increase earned income
• Build financial capability
• Achieve personal and financial goals
Minimum Program Size. In accordance with CFR §984.105, Santa Monica Housing Authority has a remaining FSS program mandate to serve 0 families. This is calculated based on the table below.

This is our best estimate at this time, and it includes the mandate the HCV program.

Original Number of
Participants Mandated in HCV
FSS Graduates Remaining Mandatory Slots
235 235 0
Therefore, as of the time of preparation of this Action Plan, Santa Monica Housing Authority expects to be able to serve the remaining families in the FSS program at this time.

ESTIMATE OF PARTICIPATING FAMILIES
Santa Monica Housing Authority has met and exceeded its statutory requirements to enroll FSS participants and is in the process of sunsetting its FSS program. The Housing Authority will not accept further admissions to FSS.

OTHER SELF-SUFFICIENCY PROGRAMS
☑ Option 2:

No families from other self-sufficiency programs are expected to enroll in the FSS program.

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Packet Pg. 1994 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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SELECTION PROCEDURES

WAITLIST
A waiting list was established for families whose applications could not be accepted at the time of initial application due to program capacity limits. The waiting list included the name and contact information for the head of household of the applicant family and the date of their application.

PREFERENCES
☑ Option 1: No preference:

The FSS program has not adopted any admissions preferences. Families were selected based on the following selection method:

Selection Method
Lottery ☐
Length of time living in subsidized
housing
☐
Date the family expressed an interest
in participating in the FSS program
☑

SCREENING FOR MOTIVATION
☑ Option 1: Santa Monica Housing Authority does not use any motivational screening factors to measure a family’s interest and motivation to participate in the FSS program.

COMPLIANCE WITH NONDISCRIMINATION POLICIES
Santa Monica Housing Authority complies with all Federal, State, and local nondiscrimination laws and regulations, including but not limited to the Fair Housing Act, the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act of 1973. No person shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under the FSS program on the grounds of race, color, sex, religion, national or ethnic origin, family status, source of income, disability or perceived gender identity and sexual orientation. In addition, Santa Monica Housing Authority’s FSS staff will, upon request, provide reasonable accommodation to persons with disabilities to ensure they are able to take advantage of the services provided by the FSS program (see Requests for Reasonable Accommodations).

FSS Service Provider staff has the primary responsibility to make sure that participants are not discriminated against in the selection process. For families or individuals whose potential enrollment is in question, SMHA staff will review the file during the staff review meeting to ensure that non-selection is not based on discriminatory factors before the final decision is made.

Applicants will be notified in writing of the reason(s) they were not selected for participation and

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Packet Pg. 1995 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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will have the opportunity to appeal the decision (see Hearing Procedures). At all times, Santa Monica Housing Authority will select families for participation in the FSS program in accordance with FSS Regulations and HUD guidelines.

RE-ENROLLMENT OF PRIOR FSS PARTICIPANTS
The following previous FSS families will be allowed to re-enroll in Santa Monica Housing Authority’s FSS program:
☐ FSS program graduates
☑ FSS participants who have withdrawn voluntarily
☐ Families terminated with escrow disbursement
☑ Families involuntarily terminated
☐ Family members who were not Heads of FSS Family previously ☐ No member of previously enrolled families may re-enroll The following conditions apply to re-enrollment:

The SMHA currently accepts FSS applications.

HEAD OF FSS FAMILY
The head of the FSS family is designated by the participating family. Santa Monica Housing Authority may make itself available to consult with families on this decision, but the assisted household chooses the head of FSS family that is most suitable for their individual household circumstances. The designation or any changes by the household to the Head of FSS Family must be submitted to Santa Monica Housing Authority in:
☑ Writing

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Packet Pg. 1996 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

OUTREACH EFFORTS
Santa Monica Housing Authority conducts widespread outreach to encourage enrollment in the FSS program. Outreach efforts include the activities identified through the checked boxes below:

Interpreters will be used as needed and clients may contact staff to express interest in person, via our toll-free telephone number, or by email.

The following conditions apply to enrollment outreach:

The SMHA currently accepts FSS applications.

PHA Policy
Outreach Methods Details
☑ Posting FSS program flyers in locations
likely to be seen by eligible families
In voucher briefing folders, the office
lobby, and on the program application
☑ Providing information about the FSS
program during scheduled reexaminations
At briefing and annual re-examination
☐ Providing information about the FSS
program at voucher orientation sessions
☐ Holding well-publicized information
sessions about FSS
☐ Providing information about the FSS
program to eligible families by mail
☐ Facebook
☐ Twitter
☐ Instagram
Outreach informational material about the FSS Program includes information about:
• Program overview
• Program benefits
• Available resources
• Participant responsibilities
• Program outcomes

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Packet Pg. 1997 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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Outreach efforts are targeted equally to all families, using materials in both English and Spanish to ensure that non-English and limited English-speaking families receive information and have the opportunity to participate in the FSS Program. In conducting outreach, Santa Monica Housing Authority accounts for the needs of persons with disabilities, including persons with impaired vision, hearing or mobility, and provide effective communications to ensure that all eligible families who wish to participate are able to do so.

ASSURANCE OF NONINTERFERENCE
Participation in the FSS Program is voluntary. A family’s decision on whether to participate in FSS will have no bearing on Santa Monica Housing Authority’s decision of whether to admit the family into the Section 8/ Housing Choice Voucher program. The family’s housing assistance will not be terminated based on whether they decide to participate in FSS, their successful completion of the Certificate of Completion, or on their failure to comply with FSS program requirements.

Santa Monica Housing Authority will clearly state the voluntary nature of FSS program participation in all FSS outreach and recruitment efforts.

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Packet Pg. 1998 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

ACTIVITIES AND SUPPORT SERVICES
As described in the next section, all families participating in the FSS program benefit from coaching that helps them identify and achieve goals that the family selects. Drawing on Program Coordinating Committee members and partner agencies, service provider staff at St. Joseph Center provide referrals as needed to help FSS participants achieve their goals:

Supportive
Service Category Specific Service Source/Partner
☑ Assessment
☑ Vocational Assessment Educational
☑ Assessment Disability Assessment
☑ Disability Other specialized
assessments
St. Joseph Center
Step Up
Disability Community Resource Center
Chrysalis
JVS
Hospitality Training Academy
☑ Child Care
☑ Infant Care / Toddler Care Preschool
Care
☑ Afterschool Care
☑ Homework Assistance
Early Childhood Lab School
The Growing Place
Family Services of Santa Monica
CREST
Virginia Avenue Park
Santa Monica Police Activities League
☑ Transportation
☑ Discounted bus passes
☐ Assistance with car repairs
☐ Assistance with car purchase
Big Blue Bus
LA Metro – LIFE program
☑ Education
☑ High School Equivalency/GED
☑ English as a Second Language
☑ Post-Secondary certificates
☑ Advanced Degrees
Santa Monica-Malibu Unified School
District
Santa Monica City College
UCLA
☑ Skills Training
☐ Training in Executive Function
☑ Basic Skills Training
☑ Emerging Technologies Training
☐ Biomedical Training (including CNA,
phlebotomy, x-ray and other tech, etc.)
☑ On-the-Job Training
☑ Apprenticeships
☐ Skilled Labor training
St. Joseph Center Coding Program
St. Joseph Center Culinary Arts Program
Chrysalis
JVS
Hospitality Training Academy
☑ Job Search
Assistance
☑ Resume Preparation
☑ Interviewing Skills
☑ Dress for Success
☑ Workplace Skills
☑ Job Development
☑ Job Placement
Chrysalis
JVS
Hospitality Training Academy

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Packet Pg. 1999 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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☑ Micro and
Small
Business
Development
☑ Small business development services
☑ Small business Mentoring
☑ Entrepreneurship Training
Small Business Development Center
California, Los Angeles County Network
Santa Monica College Entrepreneurship
Program
☑ Health/Mental
Health Care
☑ Alcohol and Drug Abuse Prevention
☑ Alcohol and Drug Abuse Treatment
☑ Primary care
☑ Dental services
☑ Mental Health Services
☐ Health Insurance Advising
CLARE Matrix
Venice Family Clinic
Step Up On Second
The People Concern
☑ Crisis Services
☑ Crisis Assessment
☑ Crisis Intervention
☑ Crisis Management
☑ Crisis Resolution
Fire Department CRU
LA County 988
Santa Monica Police and Fire services
☑ Child/Adult
Protective
Services
☑ Needs Assessment
☑ Case Planning
☑ Information Referral
WISE and Healthy Aging
Westside Regional Center
Santa Monica Police and Fire services
☑ Household
Management
☑ Training in Household Management St. Joseph Center
☑ Financial
Empowerment
☑ Financial education
☑ Financial coaching
☐ Banking services
☑ Training in money management
St. Joseph Center
☐ Individual
Development
Accounts
☐ Matched Savings Accounts
☑ Legal Services
☑ Legal Services Legal Aid Foundation of Los Angeles
Bet Tzedek
☐ Debt
Resolution &
Credit Repair
☐ Assistance negotiating the resolution
of past-due debt

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Packet Pg. 2000 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

METHOD OF IDENTIFYING FAMILY SUPPORT NEEDS

IDENTIFYING FAMILY SUPPORT NEEDS
To help determine the supportive services needs of each family, FSS Service Provider staff will complete an initial informal needs assessment with and for each family before completion of the initial Individual Training Service Plan (ITSP) and signing the Contract of Participation. After enrollment in the FSS program, FSS Service Provider staff may make referrals to partner agencies for completion of one or more formal needs assessments. These assessments may focus on such issues as: employment readiness and employment training needs, educational needs related to secondary and post-secondary education, financial health, and other topics, depending on the needs and interests of the family.

The formal assessments may lead to adjustments to the Individual Training Service Plan, if requested by the family.

DELIVERING APPROPRIATE SUPPORT SERVICES
Coaching. All families who participate in the FSS program will be assigned an FSS Service Provider offering individualized case management services to help each participating family:
• Understand the benefits of participating in the FSS program and how the program can help the family achieve its goals.
• Identify achievable, but challenging, interim and final goals for participation in the FSS program, break down the goals into achievable steps and accompany the family through the process.
• Identify existing family strengths and skills.
• Understand the needs that the family has for services and supports that may help the family make progress toward their goals.
• Access services available in the community through referral to appropriate service providers.
• Overcoming obstacles in the way of achieving a family’s goals.

TRANSITIONAL SUPPORTIVE SERVICE ASSISTANCE
☑ Option 1: Families that have completed their Certificate of Participation (CoP) and remain in assisted housing may request assistance with referrals to service providers in order to continue their progress toward economic security. Subject to limitations on staff capacity, Santa Monica Housing Authority will try to help these families with appropriate referrals. The time spent on these referrals will not be covered by funds designated by HUD to support the FSS program.

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Packet Pg. 2001 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

CONTRACT OF PARTICIPATION
All families enrolled in the FSS program are required to sign a Contract of Participation (CoP) that includes an Individual Training and Services Plan (ITSP). This section describes the contents of the CoP and Santa Monica Housing Authority’s policies and practices regarding the CoP.

FORM AND CONTENT OF CONTRACT
The CoP, which will incorporate one ITSP for each participating member of the family, sets forth the principal terms and conditions governing participation in the FSS program. These include the rights and responsibilities of the FSS family and of Santa Monica Housing Authority, the services to be provided to, and the activities to be completed by, each adult member of the FSS family who elects to participate in the program.

ITSP GOALS
Each individual’s ITSP establishes specific interim and final goals by which Santa Monica Housing Authority and the family will measure the family’s progress towards fulfilling its obligations under the CoP. For any FSS family that is a recipient of welfare assistance at the outset of the CoP or that receives welfare assistance while in the FSS program, Santa Monica Housing Authority will establish as a final goal that every member of the family become independent from welfare assistance before the expiration of the CoP. The ITSP of the head of FSS family will also include as a final goal that they seek and maintain suitable full-time employment (Full time is defined as at least 25 hours per week). FSS Service Provider staff will work with each participating individual to identify additional ITSP goals that are relevant, feasible and desirable. Any such additional goals will be realistic and individualized.

DETERMINATION OF SUITABLE EMPLOYMENT
As defined in the FSS regulations (24 CFR 984.303(4)(iii)), a determination of what constitutes “suitable employment” for each family member with a goal of seeking and maintaining it will be made by Santa Monica Housing Authority, with the agreement of the affected participant, based on the skills, education, job training and receipt of other benefits of the family member and based on the available job opportunities within the community.

CONTRACT OF PARTICIPATION TERMS AND EXTENSIONS
The CoP will go into effect on the first day of the month following the execution of the CoP. The initial term of the CoP will run the effective date through the five-year anniversary of the first reexamination of income that follows the execution date. Families may request up to two oneyear extensions and are required to submit a written request that documents the need for the extension. Santa Monica Housing Authority will grant the extension asrequired by HUD, provided good cause exists to do so. In this context, good cause means:
(i) Circumstances beyond the control of the FSS family, as determined by Santa Monica Housing Authority, such as a serious illness or involuntary loss of employment;

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Packet Pg. 2002 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

(ii) Active pursuit of a current or additional goal that will result in furtherance of selfsufficiency during the period of the extension (e.g. completion of a college degree during which the participant is unemployed or under-employed, credit repair towards being homeownership ready, etc.) as determined by Santa Monica Housing Authority or (iii) Any other circumstances that Santa Monica Housing Authority determines warrants an extension, including force majeure.

COMPLETION OF THE CONTRACT
The CoP is completed, and a family’s participation in the FSS program is concluded, when the FSS family has fulfilled all its obligations under the CoP, including all family members’ ITSPs, on or before the expiration of the contract term. The family must provide appropriate documentation that each of the ITSP goals has been completed. Santa Monica Housing Authority accepts the following form of verification for completion of the ITSP goals:
☑ Option 2: Santa Monica Housing Authority will require 3rd-party verification to document completion of ITSP goals.

MODIFICATION
Santa Monica Housing Authority and the FSS family may mutually agree to modify the CoP with respect to the ITSP and/or the contract term, and/or designation of the head of FSS household.

All modifications must be in writing and signed by Santa Monica Housing Authority as well as the Head of FSS Family.

PHA Policy
Santa Monica Housing Authority allows for modifications to the CoP under the following circumstances:
☑ When the 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 Santa Monica Housing Authority, designate another family member to be the FSS head of family
☑ 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
☑ Option 1: Santa Monica Housing Authority allows modifications at any time during the term of the CoP

CONSEQUENCES OF NONCOMPLIANCE WITH THE CONTRACT
Participant non-compliance with the CoP may result in termination from the FSS program. See policies on Involuntary Termination in the following section.

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Packet Pg. 2003 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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PROGRAM TERMINATION, WITHHOLDING OF SERVICES, AND

GRIEVANCE PROCEDURES

INVOLUNTARY TERMINATION
Santa Monica Housing Authority may involuntarily terminate a family from FSS under the following circumstances:
i. If the participant fails to meet their obligations under the Contract of Participation, the Individual Training and Services Plan and related documentation. Noncompliance includes:
ii. Missing scheduled meetings, failure to return phone calls, and/or maintain contact after written notification of non-compliance
iii. Failure to work on activities and/or goals set forth in the Individual Training and Services Plan, including employment activities
iv. Failure to complete activities and/or goals within the specified time frames; and/or v. If the participant’s housing assistance has been terminated.

Participants who fail to meet their obligations under paragraph I above, as determined by an FSS coordinator, will be given the opportunity to attend a required meeting with the FSS Coordinator or assigned Santa Monica Housing Authority representative to review the situation.

At this meeting, a review of the Contract of Participation, Individual Training and Services Plan, and all related documentation will be conducted, and amendments will be made as necessary (within HUD guidelines) to allow for changes in circumstances. Failure to contact the FSS Coordinator to schedule this meeting within fourteen (14) days of a written request by the FSS program to set up this a meeting or failure by the FSS Head of Household to attend this meeting without some type of correspondence to clarify the issue(s), may lead to termination from the program. The FSS Coordinator will also attempt to contact the participant via phone, text, in person and/or email prior to the review meeting. Participants who remain out of compliance after this meeting will be subject to termination from the FSS program.

If the initial meeting does not resolve the problem, or if the meeting is not requested by the family within the required period, notification of termination will be made to the family by letter stating:

1. The specific facts and reasons for termination;

2. A statement informing the family of their right to request an informal hearing and the date by which this request must be received (see Grievance Procedures);

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Packet Pg. 2004 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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3. A statement informing the family that termination from the FSS program for the reasons stated therein will not result in termination of the family’s housing assistance. Failure to request a hearing in writing by the deadline will result in closure of the family’s FSS file and all rights to a hearing will be waived. All escrow money held on the family’s behalf will be forfeited in accordance with HUD regulations. Housing assistance will not be terminated based on non-compliance with the FSS program. The current amount of escrow in the family’s escrow account will be included in the letter.

VOLUNTARY TERMINATION
Participants may also be terminated from the FSS program under the following circumstances:
• Mutual consent of both parties; and/or
• The family’s withdrawal from the program.

TERMINATION WITH ESCROW DISBURSEMENT
In most cases, families whose FSS contracts are terminated will not be entitled to disbursement of their accrued FSS escrowed funds. However, the CoP will be terminated with FSS disbursement when one of the following situations occurs:
i Services that Santa Monica Housing Authority and the FSS family have agreed are integral to the FSS family’s advancement towards self-sufficiency are unavailable. ii The head of the FSS family becomes permanently disabled and unable to work during the period of the contract, unless Santa Monica Housing Authority and the FSS family determine that it is possible to modify the contract to designate a new head of the FSS family.
iii An FSS family in good standing moves outside the jurisdiction of the PHA (in accordance with portability requirements at 24 CFR §982.353) for good cause, as determined by the PHA, and continuation of the CoP after the move, or completion of the CoP prior to the move, is not possible.

GRIEVANCE PROCEDURES
Santa Monica Housing Authority’s PHA Plan details the Housing Authority’s Grievance Procedures (See Santa Monica Housing Authority Admin Plan Chapter 16).

If the family does not appear at the scheduled time and was unable to reschedule the hearing in advance due to the nature of the emergency, the family must contact Santa Monica Housing Authority within 24 hours of the scheduled hearing date, excluding weekends and holidays. The Housing Authority will then reschedule the hearing. The Hearing Officer will issue a written decision to the family within ten (10) business days after the hearing. The decision made by the Hearing Officer will be final. Santa Monica Housing Authority reserves the right to overturn the Hearing Officer’s decision only in the event that the decision is contrary to the organization’s written policies.

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Packet Pg. 2005 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

ESCROW ACCOUNT AND OTHER INCENTIVES
FSS participants will be eligible to build savings from the FSS escrow account. Key policies and procedures applicable to the FSS escrow account, as well as any additional incentives offered by Santa Monica Housing Authority, are described below.

ADDITIONAL INCENTIVES
☑ Option 1. While Santa Monica Housing Authority’s FSS program does not provide any other financial incentives for FSS participants, it does provide coaching services, as well as referrals to other service providers, that can be very valuable for FSS program participants.

INTERIM ESCROW DISBURSEMENTS
☑ Option 1: Santa Monica Housing Authority will allow for interim disbursements on a case-by-case basis: Families may request an interim disbursement from the escrow account once the FSS family has fulfilled at least one interim goal, in order to pay for specific goods or services that will help the family make progress toward achieving the goals in its Individual Training and Services Plan (ITSP). Requests must generally be made writing.

Requests may be made through the term of the Contract of Participation. Examples of potentially eligible activities include, but are not limited to, payments for post-secondary education, job training, credit repair, small business start-up costs, job start-up expenses, and transportation to/from a place of employment.

A determination of whether the family qualifies for the requested interim disbursement will be made on a case-by-case basis by FSS Service Provider staff and an administrative staff representative of Santa Monica Housing Authority. FSS Service Provider staff will first explore options for services and in-kind donations from partners, which must be exhausted before a request for an interim disbursement will be approved.

USE OF FORFEITED ESCROW FUNDS
☑ Option 2: Treatment of forfeited FSS escrow account funds. FSS escrow account funds forfeited by the FSS family (if any) will be used to support FSS participants in good standing. Upon written request from a family, FSS Service Provider staff and a member of the Program Coordination Committee (PCC) will consider the available funds and make a determination. Please refer to the subsequent “Coordination of Services” section for more information on the function and composition of the PCC for this FSS program.

Santa Monica Housing Authority may also initiate a request for the use of forfeited escrow funds.

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Packet Pg. 2006 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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☑ Option 2A: At the discretion FSS Service Provider staff, forfeited escrow funds may be considered in lieu of an interim escrow disbursement.

Forfeited escrow accounts may be deployed:

Any time during the term of a household’s Contract of Participation Use of forfeited escrow funds for eligible uses (described below) may be requested by:
☑ Santa Monica Housing Authority
☑ Head of FSS Household
☐ Adults in FSS household, not limited to the Head
Eligible uses of forfeited escrow funds include, but are not limited to:

Eligible Uses Guidelines/ Limitations
☑ Purchasing a vehicle ☑ Requests will be considered on a caseby-case basis ☑ Childcare ☑ Requests will be considered on a caseby-case basis ☑ Training for Participants ☑ Requests will be considered on a caseby-case basis ☑ Employment or Educational Costs,
Including:
☑ Employment Training
☑ Employment Preparation
(employment clothing, interview
prep)
☑ Education Costs (books, fees,
uniforms, tools, etc.)
☑ Requests will be considered on a caseby-case basis
☑ Training for FSS program staff ☑ Training must be approved by [provider entity/ PCC]

PORTABILITY
PORTABILITY IN INITIAL 12 MONTHS
☑ Option 1: While Santa Monica Housing Authority is not required to allow FSS participants to exercise portability within the initial 12 months after signing a CoP, it is the policy of Santa Monica Housing Authority to allow for portability within this period to the extent feasible.

MOVES INTO THE PHA’S JURISDICTION

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Packet Pg. 2007 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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If an FSS participant moves into the PHA’s jurisdiction, they will be admitted in good standing into Santa Monica Housing Authority’s FSS program unless Santa Monica Housing Authority is already serving the number of FSS families identified in this FSS Action Plan and determines that it does not have the resources to manage the FSS contract.

Regardless of whether Santa Monica Housing Authority is able to receive an incoming family from another jurisdiction into the FSS program, Santa Monica Housing Authority will agree to allow and support porting families to remain in their initial PHA’s FSS program after porting housing vouchers if the initial PHA requests that the family remain in the initial FSS program and can demonstrate the family is able to fulfill its responsibilities under the initial CoP, the move in jurisdictions notwithstanding.

FSS TERMINATION WITH DISBURSEMENT FOR PORTING FAMILIES
If an FSS family seeks to move to a jurisdiction that does not offer an FSS program, Santa Monica Housing Authority will closely examine the family’s progress to determine if it would be appropriate to exercise FSS Termination with Disbursement as discussed above in the section on Termination.

Where continued FSS participation is not possible, Santa Monica Housing Authority will discuss the options that may be available to the family, depending on the family's specific circumstances, which may include, but are not limited to, modification of the FSS contract, termination of the FSS contract and forfeiture of escrow, termination with FSS escrow disbursement in accordance with 24 CFR § 984.303(k)(1)(iii), or locating a receiving PHA that has the capacity to enroll the family into its FSS program.

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Packet Pg. 2008 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

TIMETABLE
PHA Policy
☑ Option 1: Santa Monica Housing Authority will continue to implement the FSS Program per this FSS Action Plan.

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Packet Pg. 2009 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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REASONABLE ACCOMMODATIONS, EFFECTIVE COMMUNICATIONS,

AND LIMITED ENGLISH PROFICIENCY REQUIREMENTS
Requests for Reasonable Accommodations
A person with disabilities may request reasonable accommodations to facilitate participation in the FSS program. Requests will be considered on a case-by-case basis.

Requests should be made initially to the FSS Service Provider staff. After a request for an accommodation is presented, the PHA will respond in writing, acknowledging receipt of the request, within a reasonable time not to exceed 10 business days. Based on the verified need for the accommodation, or the absence thereof, the PHA will render its decision within a reasonable period of time. If a family is not satisfied with the staff’s response, the family may submit a request in writing in accordance with the provider’s reasonable accommodations policy.

Request for Effective Communications
A person with disabilities may request the use of effective communication strategies in order to facilitate participation in the FSS program. Examples include: appropriate auxiliary aides and services, such as interpreters, computer-assisted real time transcription (CART), captioned videos with audible video description, visual alarm devices, a talking thermostat, accessible electronic communications and websites, documents in alternative formats (e.g., Braille, large print), or assistance in reading or completing a form, etc.

Requests should be made initially to FSS Service Provider staff. If a family is not satisfied with the staff’s response, the family may submit a request in writing in accordance with the service provider’s effective communications policy.

Limited English Proficiency
Santa Monica Housing Authority will comply with HUD requirements to conduct oral and written communication related to the FSS program in languages that are understandable to people with Limited English Proficiency.

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Packet Pg. 2010 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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COORDINATION OF SERVICES

CERTIFICATION OF COORDINATION
Development of the services and activities under the FSS program has been coordinated with programs under title I of the Workforce Innovation and Opportunity Act 29 U.S.C. 3111 et seq., and other relevant employment, childcare, transportation, training, education, and financial empowerment programs in the area. Implementation will continue to be coordinated, in order to avoid duplication of services and activities.

PROGRAM COORDINATING COMMITTEE
The principal vehicle for ensuring ongoing coordination of services is the Program Coordinating Committee (PCC), which has been established in accordance with FSS regulations to assist in securing commitments of public and private resources for the operation of the FSS Program.

Among other responsibilities, the PCC will help the FSS program to identify and build strong referral relationships with providers of supportive services that meet the needs of FSS participants. The PCC will also be consulted in developing program policies and procedures.

The PCC will meet as needed and may conduct business on an as-needed basis via email or telephone conferences. The PCC includes the following representatives:

1. One or more FSS Service provider staff and/or Santa Monica Housing Authority staff

2. One or more Santa Monica Housing Authority Housing Choice Voucher participants

3. Representatives from a variety of agencies and individuals, which include but are not limited to the following:
a St. Joseph Center
b Step Up on Second
c Legal Aid Foundation of Los Angeles
d Community Corporation of Santa Monica
e Chrysalis
f JVS
g Hospitality Training Academy
h Salvation Army

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Packet Pg. 2011 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
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OTHER POLICIES
Policy Corresponding Action Plan Section
(i) Policies related to the modification
of goals in the ITSP Contract of Participation
(ii) The circumstances in which an
extension of the Contract of
Participation may be granted
Contract of Participation
(iii) Policies on the interim
disbursement of escrow, including
limitations on the use of the funds (if
any)
FSS Escrow Account and Other
Incentives for Participants
(iv) Policies regarding eligible uses of
forfeited escrow funds by families in
good standing
FSS Escrow Account and Other
Incentives for Participants
(v) Policies regarding the re-enrollment
of previous FSS participants, including
graduates and those who exited the
program without graduating
Family Selection Procedures
(vi) Policies on requirements for
documentation for goal completion; Contract of Participation (vii) Policies on documentation of the
household’s designation of the “Head
of FSS Household”;
Family Selection Procedures
(viii) Policies for providing an FSS
selection preference for porting
families (if the PHA elects to offer such
a preference)
N/A

DEFINITIONS
Certification means a written assertion based on supporting evidence, provided by the FSS family or Santa Monica Housing Authority, as may be required under this part, and which:
(1) Shall be maintained by Santa Monica Housing Authority in the case of the family’s certification, or by HUD in the case of the PHA’s or owner’s certification; (2) Shall be made available for inspection by HUD, Santa Monica Housing Authority, and the public, as appropriate; and,
(3) Shall be deemed to be accurate for purposes of this part, unless the Secretary or Santa Monica Housing Authority, as applicable, determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.

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Packet Pg. 2012 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.

Contract of Participation (CoP) means - a contract, in a form with contents approved by HUD, entered into between an FSS family and Santa Monica Housing Authority, operating an FSS Program that sets forth the terms and conditions governing participation in the FSS Program.

The CoP includes all Individual Training and Services Plans (ITSPs) entered into between Santa Monica Housing Authority and all members of the family who will participate in the FSS Program, and which plans are attached to the CoP as exhibits. For additional detail, see § 984.303.

Effective date of Contract of Participation (CoP) - means the first day of the month following the date in which the FSS family and the PHA entered into the CoP.

Eligible families means current Section 8 program participants, as defined in this section, including those participating in other local self-sufficiency programs.

Enrollment means the date that the FSS family entered into the CoP with Santa Monica Housing Authority.

Family Self-Sufficiency (FSS) Program means the program established by a PHA within its jurisdiction or by an owner to promote self-sufficiency among participating families, including the coordination of supportive services to these families, as authorized by section 23 of the 1937 Act.

FSS escrow account (or, escrow) means the FSS escrow account authorized by section 23 of the 1937 Act, and as provided by § 984.305.

FSS escrow credit means the amount credited by Santa Monica Housing Authority to the FSS family’s FSS escrow account.

FSS family means a family that resides in Public Housing (Section 9) or receives Section 8 assistance or receives HUD Project-Based Rental Assistance for a privately owned property, and that elects to participate in the FSS Program, and whose designated adult member (head of FSS family), as determined in accordance with § 984.303(a), has signed the CoP.

FSS family in good standing means, for purposes of this part, an FSS family that is in compliance with their FSS CoP; has either satisfied or are current on any debts owed Santa Monica Housing Authority, and is in compliance with the regulations regarding participation in the relevant rental assistance program.

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’’ set forth in this § 984.103.

FSS slots - refers to the total number of families (as determined in the Action Plan and, for mandatory programs, in § 984.105 of this part) that the PHA will serve in its FSS Program.

FSS Program Coordinator means the person(s) who runs the FSS program. This may include (but is not limited to) performing outreach, recruitment, and retention of FSS participants; goal setting and case management/coaching of FSS participants; working with the community and service partners; and tracking program performance.

FY means Federal Fiscal Year (starting October 1 and ending September 30, and year designated by the calendar year in which it ends).

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Packet Pg. 2013 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) © Copyright 2021 by Nan McKay & Associates
Unlimited copies may be made for internal use.