Head of FSS family means the designated adult family member of the FSS family who has signed the CoP. The head of FSS family may, but is not required to be, the head of the household for purposes of determining income eligibility and rent.
Individual Training and Services Plan (ITSP) means a written plan that is prepared by FSS Service Provider staff in consultation with a participating FSS family member (the person with, for, and whom the ITSP is being developed), and which sets forth:
(1) The final and interim goals for the participating FSS family member; (2) The supportive services to be provided to the participating FSS family members; (3) The activities to be completed by that family member; and, (4) The agreed upon completion dates for the goals and activities.
Each ITSP must be signed by Santa Monica Housing Authority and the participating FSS family member, and is attached to, and incorporated as part of, the CoP. An ITSP must be prepared for each adult family member who elects to participate in the FSS Program, including the head of FSS family who has signed the CoP.
Owner means the owner of multifamily assisted housing.
Self-sufficiency means that an FSS family is no longer receiving Section 8, Public Housing assistance, or any Federal, State, or local rent or homeownership subsidies or welfare assistance. Achievement of self-sufficiency, although an FSS program objective, is not a condition for receipt of the FSS escrow account funds.
Supportive services mean those appropriate services that Service Provider staff will coordinate on behalf of an FSS family under a CoP, which may include, but are not limited to:
(1) Childcare—childcare (on an as-needed or ongoing basis) of a type that provides sufficient hours of operation and serves an appropriate range of ages; (2) Transportation—transportation necessary to enable a participating FSS family member to receive available services, or to commute to their place(s) of employment;
(3) Education—remedial education; education for completion of high school or attainment of a high school equivalency certificate; education in pursuit of a postsecondary degree or certificate; (4) Employment Supports—job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the CoP;
(5) Personal welfare—substance/alcohol abuse treatment and counseling, and health, dental, mental health and health insurance services;
(6) Household management—training in household management; (7) Homeownership and housing counseling— homeownership education and assistance and housing counseling;
(8) Financial Empowerment—training in financial literacy, such as financial coaching, training in financial management, asset building, and money management,
12.A.c
Packet Pg. 2014 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.
including engaging in mainstream banking, reviewing and improving credit scores, etc.;
(9) Other services—any other services and resources, including case management, optional services, and specialized services for individuals with disabilities, that are determined to be appropriate in assisting FSS families to achieve economic independence and self-sufficiency. Reasonable accommodations and modifications must be made for individuals with disabilities consistent with HUD requirements, including HUD’s legal obligation to make reasonable modifications under Section 504 of the Rehabilitation Act.
Welfare assistance means (for purposes of the FSS program only) income assistance from Federal, (i.e. Temporary Assistance for Needy Families (TANF) or subsequent program) State, or local welfare programs and includes only cash maintenance payments designed to meet a family’s ongoing basic needs. Welfare assistance does not include:
(1) Nonrecurrent, short-term benefits that:
(i) Are designed to deal with a specific crisis or episode of need; (ii) Are not intended to meet recurrent or ongoing needs; and, (iii) Will not extend beyond four months.
(2) Work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training); (3) Supportive services such as childcare and transportation provided to families who are employed;
(4) Refundable earned income tax credits;
(5) Contributions to, and distributions from, Individual Development Accounts under Temporary Assistance for Needy Families (TANF);
(6) Services such as counseling, case management, peer support, childcare information and referral, financial empowerment, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support;
(7) Amounts solely directed to meeting housing expenses; (8) Amounts for health care;
(9) Supplemental Nutrition Assistance Program and emergency rental and utility assistance;
(10) Supplemental Security Income, Social Security Disability Income, or Social Security; and
(11) 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 on the need of the child’s current non-parental caretaker.
12.A.c
Packet Pg. 2015 Attachment: Draft FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) FSS Sample Action Plan
OVERVIEW: The FSS Action Plan is a required document that describes the policies and procedures of the public housing agency (PHA) or multifamily property owner (owner) for operation of a local Family Self-Sufficiency (FSS) program. The requirements for the FSS Action Plan, including the procedures for developing and submitting the plan for HUD approval, are described at 24 CFR 984.201.
WHAT DOES THE FSS ACTION PLAN INCLUDE?
In general terms, the FSS Action Plan describes:
• Program size and characteristics of anticipated FSS participants • Services that the FSS program will offer
• How the FSS program will be administered
See the FSS Action Plan Checklist for a list of specific items to address in the FSS Action Plan.
RESOURCES: This Sample Action Plan is based on the requirements for an FSS Action Plan specified in 24 CFR 984.201 and cross-references these regulations and the HUD guidebook, Administering an Effective Family Self-Sufficiency Program: A Guidebook Based on Evidence and Promising Practices. Additional resources for PHA-based FSS programs can be found here. Many of these resources are also applicable to FSS programs offered by multifamily owners. Additional resources for multifamily FSS programs can be found here.
WHO NEEDS AN FSS ACTION PLAN? Every FSS program (funded or not) must have a HUD-approved FSS Action Plan in order to operate an FSS Program, whether the program is offered by a PHA or a multifamily owner or is a combined program for families served by the PHA and one or more owners.
ELIGIBLE ENTITIES. —The following entities are eligible to administer a local FSS program once their Action Plan has been approved:
• A PHA administering housing assistance to or on behalf of an eligible family • The owner or sponsor of a multifamily property (owner) receiving project-based rental assistance Each PHA or PBRA project must have its own FSS Action Plan approved by HUD. If an entity manages an FSS program at several sites or if there is a Joint FSS program, you may indicate on the cover page that the Action Plan is essentially identical to [name the others] but the demographics and program size sections will be unique to each PHA/project.
Single action plan. A PHA/owner should submit one Action Plan that covers all applicable rental assistance programs (Section 8 vouchers, PBRA, Mod Rehab, and public housing) served by the FSS program.
Attachment D 12.A.d
Packet Pg. 2016 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 2 HOW TO USE THIS DOCUMENT:
• Left Column: Instructions. The document has two columns. The left-hand column provides instructions to guide users in completing the Action Plan and a list of policy decisions that need to be made to complete the section. • Right Column: Sample Action Plan Text. The right-hand column contains sample action plan text. o FSS programs may adapt this sample text to meet their needs and reflect the specific policies the program elects to adopt. For example, enter the name of the PHA/owner in the spaces marked with “[organization],” surrounded by square brackets, and fill in other information surrounded by square brackets.
o The sample action plan text includes options to include where there is a choice. Instructions (to be deleted after entering your action plan information) are marked as “Instructions” and highlighted in yellow. o Suggested options or choices are marked and are highlighted in blue. • Document Structure and Sections. This Sample Action Plan is organized into sections as a suggestion to help users organize the content.
FSS programs have discretion to organize the content differently and use different section titles, so long as it includes all of the required content.
• Completing Your Action Plan. To use this Template as your Action Plan, select the policy options that match your policy choices in the right-hand column and delete any options that do not apply to your program. Delete any instructions or other text in the right-hand column that are not necessary for understanding the document. The remaining text in the right-hand column will constitute your Action Plan and may be submitted to HUD for approval. There is no need to delete the instructions in the left-hand column before submitting.
Table of Contents
I. Introduction ............................................................................................................................................................................................................ 4 II. Program Objectives.............................................................................................................................................................................................. 4 III. Program Size and Characteristics...................................................................................................................................................................... 5
12.A.d
Packet Pg. 2017 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 3 III.A. – Family Demographics................................................................................................................................................................................... 5 III.B – Supportive Services Needs........................................................................................................................................................................... 12 III. C. – Estimate of Participating Families............................................................................................................................................................... 13 III. D – Other Self-Sufficiency Programs.................................................................................................................................................................. 14 IV. Family Selection Procedures ............................................................................................................................................................................. 15 V. Outreach .............................................................................................................................................................................................................. 26 VI. FSS Escrow Account and Other Incentives for Participants.......................................................................................................................... 28 VII. Family Activities and Supportive Services..................................................................................................................................................... 37 VIII. Method of Identifying Family Support Needs and Delivering Appropriate Support Services................................................................. 41 IX. Contract of Participation................................................................................................................................................................................... 42 X. Program Termination, Withholding of Services, and Available Grievance Procedures.............................................................................. 49 XI. Assurance of Non-Interference ......................................................................................................................................................................... 54 XII. Timetable ........................................................................................................................................................................................................... 55 XIII. Reasonable Accommodations, Effective Communications, and Limited English Proficiency.................................................................. 56 XIV. Coordination of Services.................................................................................................................................................................................. 57 XIV.A Coordination of Services (PHAs only)....................................................................................................................................................... 57 XIV.B Coordination of Services (Multifamily owners only)................................................................................................................................. 58 XV. FSS Portability (Applicable to HCV Only)..................................................................................................................................................... 60 XVI. Other Policies.................................................................................................................................................................................................... 62 XVII. Definitions........................................................................................................................................................................................................ 64
12.A.d
Packet Pg. 2018 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 4 I. Introduction
Instructions: While not required by the
applicable regulations, an introduction is
recommended to provide an overview of
what the document is and what it contains.
Introduction
This document constitutes the Family Self Sufficiency (FSS) Program Action Plan for the FSS program operated by [organization name]. It was submitted to HUD on [date].
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 the [organization name]’s local polices 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.
For PHAs: The FSS program and the functions and responsibilities of PHA staff are consistent with the [organization name]’s personnel policy and Agency Plan.
II. Program Objectives
Instructions: While not required by the
applicable regulations, a section on program
objectives can help provide an overall
framing for what your FSS program is trying
to achieve. Your FSS program is free to
adopt whatever local objectives you wish so
long as they do not conflict with the federal
objectives.
Program Objectives
[Organization]’s FSS program seeks to help families make progress toward economic security by supporting the family’s efforts to:
• Increase their earned income Build financial capability • Achieve their financial goals
The federal objectives for the FSS program
are specified in 24 CFR 984.102.
12.A.d
Packet Pg. 2019 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 5 III. Program Size and Characteristics
III.A. – Family Demographics
Instructions. Describe the
characteristics of the families you
expect to be served by your FSS
program. This information must
include data on their race and
ethnicity and may also include data
on other characteristics.
Note: This information is required
per 24 CFR §
984.201(d)(1). That section also
requires a description of supportive
service needs of families expected
to be served, which is covered in
Section III.B of this sample Action
Plan, and how many families are
expected to be served, which is
covered in Section III.C.
Description of sample tables
Start by indicating which housing
assistance programs your FSS
program will serve by checking the
appropriate boxes.
The sample Action Plan then
includes several tables that you
Family Demographics
These tables describe the demographics of the population expected to be served by [organization]’s Action Plan.
The FSS program will serve the following housing assistance programs [check all that apply, and specify details as needed]:
☐ 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)
☐ Other Program (Specify:_____________________________)
12.A.d
Packet Pg. 2020 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 6 may use to show characteristics of
the population expected to be
served. If it makes it easier to
develop estimates, new FSS
programs may assume that FSS
participants will be similar to the
general population of the PHA or
property.
To describe the characteristics of
the families your program plans to
serve, you may use the tables in
the right-hand column and fill
them in to provide the appropriate
information. You may also modify
the tables to specify different
ranges or to otherwise reflect the
available data. The information
requested through the tables should
be available on the HUD50058 or
HUD-50059 Family Reports in
PIC or TRACS, respectively.
To complete the tables:
• Ages of Head and Other
Adults. For each row, estimate
the share of heads or other
adults (as noted) in each age
category.
• Presence and Ages of
Children. For the first row,
estimate the percentage of
households that have no
children under 18. For the
Ages of Head of Household and Other Adults
Percent
Ages of Head of Household
--Head of Household is age 24 years or younger ___%
--Head of Household is age 25 to 50 ___%
--Head of Household is age 51 to 61 ___%
--Head of Household is age 62 or greater ___%
Ages of Other Adults in Household
-- Age 24 years or younger ___%
-- Age 25 to 50 ___%
-- Age 51 to 61 ___%
-- Age 62 or greater ___%
Presence and Ages of Children
Percent
Presence and Ages of Children
--Households that only include adults over age 18 ___%
--Households that include one or more child age 13-17 ___% --Households that include children who are all 12 or younger ___%
12.A.d
Packet Pg. 2021 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 7 12.A.d
Packet Pg. 2022 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 8 12.A.d
Packet Pg. 2023 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 9
second row, estimate the
percentage of households with
one or more child age 13-17.
For the third row, estimate the
percentage of households that
include at least one child age
12 or younger and no children
over age 12.
Employment Status. For the
first two rows, estimate the
share of families whose heads
are employed and
unemployed. The two rows
should add up to 100%. The
next two rows show similar
information, but for all family
members. These two rows
should also add up to 100%.
Annual Earned Income.
Estimate the share of families
within each earned income
category.
Elderly/Disability Status.
Estimate what share of
families have an elderly head
or a head with disabilities, and
then estimate what share of
families include an elderly
person or a person with
disabilities.
Race/ethnicity. This is a
required table. Estimate the
racial and ethnic composition
Employment Status of Population to be Served
Percent
Employment Status of Head of Household
--Families with an employed head ___%
--Families whose head is unemployed ___%
Employment Status of All family members
--Families with any member that is employed ___%
--Families with no employed member ___%
Annual Earned Income of Population to be Served
Percent
Annual household earnings <$5,000 per year ___%
Annual household earnings between $5,000 and $9,999 ___% Annual household earnings between $10,000 and $14,999 ___% Annual household earnings between $15,000 and $19,999 ___% Annual household earnings between $20,000 and $24,999 ___% Annual household earnings between $25,000 and $29,999 ___% Annual household earnings between $30,000 and $34,999 ___% Annual household earnings of $35,000 or higher ___%
12.A.d
Packet Pg. 2024 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 10 12.A.d
Packet Pg. 2025 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 11 of the families to be served by
the FSS program. In this table,
the percentages in the
NonHispanic and Hispanic
columns should add up to the
percentage shown in the Race
column. For example, if 50
percent of the expected
population to be served consists
of White households, and half
of these households are
expected to be Hispanic, enter
50% in the first column and
25% in each of the next two
columns.
Elderly/Disability Status of Population to be Served
Percent
Elderly/Disability Status of Head of Household
--Head of Household is an elderly person without disabilities ___% --Head of Household is an elderly person with disabilities ___% --Head of Household is a non-elderly person without disabilities ___% --Head of Household is neither an elderly person nor a person with disabilities
___%
Elderly/Disability Status of All Household members
--Household includes an elderly person without disabilities ___% --Household includes an elderly person with disabilities ___% --Household includes a non-elderly person with disabilities ___% --Household includes no elderly persons or persons with disabilities ___% Race and Ethnicity of Population to be Served (required) Race Non-Hispanic Hispanic
White ___% ___% ___%
Black or African-American ___% ___% ___%
American Indian or Alaska Native ___% ___% ___%
Asian ___%
Native Hawaiian or other
Pacific Islander ___%
___% ___%
Other Race ___% ___% ___%
12.A.d
Packet Pg. 2026 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 12 III.B – Supportive Services Needs
Instructions: Describe in this section the
supportive service needs of the families you
expect to participate in your FSS program.
The sample text provides illustrations of
needs to consider. Feel free to adjust this list
to reflect the needs you identify. Then
indicate how you identified the supportive
services needs by checking one or more of
the boxes and/or adding your own
explanation.
Note: 24 CFR § 984.201(d)(1) specifies
that FSS Action Plans must include “Family
demographics. A description of the number,
size, characteristics, and other demographics
(including racial and ethnic data), and the
supportive service needs of the families
expected to participate in the FSS
program” The characteristics other than
supportive service needs are covered above,
in Section III.A and the size of the program
is covered in Section III.C.
Supportive Services Needs of Families Expected to Participate in FSS The following is a list of the supportive service needs of the families expected to enroll in the [PHA/owner name] FSS program:
• 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
• GED preparation
• Higher education guidance and support
• English as a Second Language
• Assistance accessing and paying for child care
• Transportation assistance
• Financial coaching, including assistance with budgeting, banking, credit, debt, and savings
• Access to counseling or treatment for substance abuse and mental health • Dental care, health care, and mental health care including substance abuse treatment/counseling
• Homeownership readiness
This list of supportive services needs is based on: (check all that apply) ☐ Experience with past FSS or other supportive service program participants ☐ Input from the PCC or other service provider partners ☐ A needs assessment completed on [date]
☐ Other: ___________________________
12.A.d
Packet Pg. 2027 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 13 III. C. – Estimate of Participating Families
Instructions: Provide an estimate of the number of eligible families who can reasonably be expected to receive services based on available resources.
If you are funded for FSS coordinator positions, by virtue of that funding, you have a minimum number of participants to be served each year. Be sure that your Estimate of
Participating Families is at a minimum, the number of
participants required by your funding.
Note that if you have not yet fulfilled your Mandatory
Program size requirement, your Estimate of Participating Families must be at least the minimum program size required for your agency. For more information, see 24 CFR §984.105 and FSS Guidebook Section 6.6 Minimum FSS Program
Size).
Estimating Participating Families
You must describe how many families you expect your FSS program will be able to serve at a time and then estimate how many families your program will serve over a five-year period.
The sample text includes different options for existing and new programs.
If you are operating an existing program, you should use your records to identify how many families enroll per year and add five years of new enrollment to the typical program size to estimate how many families you will serve over five years.
If you are starting a new program, you will need to adopt some assumptions about graduation and attrition for other reasons.
For example, assume an FSS program has a capacity of 100 families and expects to operate at capacity at all times. If the program expects 50 of those families to graduate in five years (with some families getting an extension) and 10
Estimate of Participating Families
Over time, [organization] hopes to serve all families who are interested in participating in the FSS Program. The number of spaces available in the program at any given time, however, will be limited by the program’s resources, including the number of FSS coordinators funded to work with FSS participants. New families will be admitted to the FSS program as space permits.
Instructions: Complete the paragraphs that apply to your FSS program. [For Programs receiving HUD FSS Coordinator Funding] In recent years, the [organization] has been funded for [number] of coordinators. The minimum number of participants required to be served based on this funding is [number].
[For existing programs] Historically, [organization]’s FSS program has enrolled [add number] new families into the FSS program each year.
Accordingly, [organization] expects to be able to provide FSS Services to [add number] families over a five-year period.
[For new programs] During the initial five years of the FSS program, [organization] expects to be able to provide FSS services to [ number] families. This is based on the assumption that [number] families will graduate in this time and [number] families will leave the program each year for other reasons, with new families being enrolled as these families exit. [PHAs that still have a Mandatory program should include the text below and complete the table]
Minimum Program Size. In accordance with CFR §984.105, the [organization] has a remaining FSS program mandate to serve [number] families. This is calculated based on the table below. This is our best estimate at this time, and it includes the mandate for both the Public Housing program and the HCV program and counts graduates from both programs.
12.A.d
Packet Pg. 2028 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 14 families to leave the program each year for other reasons, the expected number of families to be served in the first five years is 200 (100 + 50 new enrollees who replace graduates + 50 new enrollees who replace families who leave for other
reasons.)
Note that the number of families your FSS program expects to serve is different from the minimum number of families that your FSS program is required to serve under the terms of the Notice of Funding Opportunity that allocated the funds. FSS programs are encouraged to enroll more than the minimum number of families, so long as this is possible without compromising your program’s quality.
If your agency is a PHA with an FSS mandate, you should include the text indicated in the right-hand column and complete the table.
In accordance with CFR §984.105(c), if the Estimate of
Participating Families is smaller than the Minimum Program Size, indicate if you have an exception granted by HUD to run a program smaller than the mandate and when that exception expires.
Original Number o FSS Remaining
Participants Graduates Mandatory
Mandated in both Slots
HCV and PH
Therefore, as of the time of preparation of this Action Plan, the [organization] expects to be able to serve [number] families in the FSS program at any one time.
III. D – Other Self-Sufficiency Programs
Instructions: If you expect families from another
selfsufficiency program to enroll in your FSS program,
provide estimates of the numbers of these families.
For PHAs: If you seek to enroll families in the FSS program that are nearing the end of their eligibility for the Jobs Plus Earned Income Disregard as a way to continue to serve these families, you may wish to describe this approach in this section.
Other Self-Sufficiency programs
Instructions: Select either Option 1 or Option 2, depending on whether or not you plan to enroll families from another self-sufficiency program. Under each option, select the item(s) that apply.
☐ Option 1:
The [organization] expects to enroll into FSS families from the selfsufficiency programs checked in the table below.
12.A.d
Packet Pg. 2029 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 15 The sample Action Plan text includes two options – one for FSS programs that expect to enroll families from other
selfsufficiency programs and one for FSS programs that do not. Choose the option that best fits your program. If you choose Option 1, check the applicable boxes to indicate which programs are included and, if you have an estimate in mind, indicate the number of families from that program you expect to enroll.
For more information, see 24 CFR §984.201(d)(3) and FSS Guidebook section 2.2 Outreach and Enrollment.
Name of Program Check box Number of
if applicable Families
each year
Family Unification Program - Family ☐
Family Unification Program – Youth (FUP-Y) ☐
Foster Youth Initiative (FYI) ☐
Resident Opportunity and Self-Sufficiency
(ROSS)
☐
Jobs Plus ☐
Emergency Housing Voucher (EHV) ☐
Veterans Affairs Supportive Housing (VASH)
Other: ☐
☐ Option 2:
No families from other self-sufficiency programs are expected to enroll in the FSS program.
IV. Family Selection Procedures
Instructions: Describe your
policies and procedures for selecting
FSS participants, including whether
your FSS program will offer a
preference to prospective participants
who are already enrolled in, or on the
waiting list for, FSS-related service
programs and whether your FSS
program plans to screen prospective
Family Selection Procedures
A. Waiting List
A waiting list will be maintained for families whose applications cannot be accepted at the time of initial application due to program capacity limits. The waiting list will include the name and contact information for the head of household of the applicant family, the date of their application and [Add any other information helpful for the PHA/Owner to have on hand].
B. Admissions Preferences
12.A.d
Packet Pg. 2030 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 16 participants for motivation to
participate. (Note that motivation is
Instructions: select either Option 1 or Option 2, depending on whether or not you plan to have any preferences for admission to FSS. Under each option, select the item(s) that apply
12.A.d
Packet Pg. 2031 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 17 the only allowable screening criteria
to include).
Note: The maximum number of FSS
slots with a selection preference is
limited to 50% of the total number of
FSS slots.
For any preference your program
selects, you must provide the
following:
1. Percentage of slots for which
your program will give the selection
preference
2. If applicable, the FSS related
service programs to which your
program will give a selection
preference
3. The method of outreach to,
and selection of, families with one or
more members participating in the
identified programs
4. How families with the
applicable preferences will be
selected from the wait list: (a) date
and time of application; or (b) a
drawing or other random choice
technique.
(see 24 CFR 984.203 and FSS
Guidebook Section 2.2 Outreach and
Enrollment)
Policy Decisions: In completing
this section, you will need to make
the following policy decisions:
☐ Option 1: No preference:
The FSS program has not adopted any admissions preferences. Families will be selected based on the following selection method:
Selection Method Check applicable method
Lottery ☐
Length of time living in subsidized
housing
☐
Date the family expressed an interest in
participating in the FSS program
☐
Other: [specify] ☐
12.A.d
Packet Pg. 2032 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 18 12.A.d
Packet Pg. 2033 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 19 1. Whether to allow selection
preferences. If so, (a) what
selection preferences, (b)
outreach methods, and (c)
selection methods. Start by
indicating whether you will
utilize any selection preferences
by selecting the appropriate
option. Then complete the table
applicable to that option.
The “% of FSS slots” is a
percentage of the whole
anticipated program size, as
established in III.C (above)
2. Whether to include a screening
for motivation. If so (a) what the
screening will entail, and (b) how
the FSS program will ensure
reasonable accommodations to
avoid discrimination. Select the
appropriate option.
3. What families or family members
may re-enroll in the FSS program
following exit from the program
and under what circumstances.
4. What process to follow for
documenting the family’s choice
of Head of FSS Family.
Note: Your FSS program may use
motivational screening factors to
screen families interested in
participating in the FSS program. You
may use these factors to
☐ Option 2: One or more selection preference(s):
The FSS program will provide a preference for families who meet each of the preference types identified by a checkmark in the following table. The table shows the percent of FSS slots to which the preference applies, and the outreach and selection methods that will be applied to identify and select the households within each preference category. [Instructions: For the first preference (if applicable), identify the specific FSS related service programs that will be given preference].
Check if Preference Type % of
s
Outreach Identify Selection Method
(these are the only two options
for selection within a
preference, per 24 CFR
984.203(b))
Applicable FSS Method(s)
Slot
☐ Families already in the
following FSS-related
service program(s):
[specify]
☐ Date and time of application
to the FSS Program
☐ A drawing or other random
choice technique
☐ Families Porting in ☐ Date and time of application
to the FSS Program
☐ A drawing or other random
choice technique
☐ FUP-Y/FYI Families
that want to take
advantage of the
Fostering Stable
Housing Opportunities
(FSHO) Initiative
☐ Date and time of application
to the FSS Program
☐ A drawing or other random
choice technique
☐ Other Preference: ☐ Date and time of application
to the FSS Program
☐ A drawing or other random
choice technique
12.A.d
Packet Pg. 2034 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 20 12.A.d
Packet Pg. 2035 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 21 12.A.d
Packet Pg. 2036 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 22 measure a family’s interest and
motivation to participate in the FSS
program.
(see 24 CFR 984.203 and FSS
Guidebook Section 2.2 Outreach and
Enrollment)
Note: This section includes a
required statement affirming that the
organization will not engage in
unlawful discrimination.
C. Screening for motivation.
Select either Option 1 or Option 2, depending on whether or not you plan to screen for participant motivation. Under each option, select the item(s) that apply. ☐ Option 1: The [organization] will not use any motivational screening factors to measure a family’s interest and motivation to participate in the FSS program. ☐ Option 2: The [organization] will use one or more motivational screening factors to measure the family’s interest and motivation to participate in the FSS program. The following screening criteria will be used:
Instructions: Select which motivational screening you will use, if any. ☐ Orientation Session: The [organization] will screen families for motivation to participate in the FSS program by requiring that families who apply to enroll in the FSS program attend an initial orientation session. Each family will be given two opportunities to attend the orientation session and may request accommodation if unable to attend a scheduled orientation session. Accommodations will be offered on a case-by-case basis, depending on the needs of the applicant. Accommodations may include an individually scheduled orientation session, provision of transportation to/from the orientation site, translation services, an alternative location, a virtual orientation session, or allowance and encouragement to bring children to the session, where possible. ☐ Other Screening Criteria: [specify here]
D. Compliance with nondiscrimination policies
[Note: Each FSS Action Plan must include a statement, similar to the one below, that documents the program’s intent to comply with applicable anti-discrimination provisions.] It is the policy of [organization] to comply 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, [organization]’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).
12.A.d
Packet Pg. 2037 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 23 12.A.d
Packet Pg. 2038 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 24 The FSS program 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, the FSS coordinators will review the file in the staff review meeting to ensure that nonselection 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 will have the opportunity to appeal the decision (see Hearing Procedures). At all times, [organization] will select families for participation in the FSS program in accordance with FSS Regulations and HUD guidelines.
E. Re-enrollment of prior FSS participants
The following previous FSS families will be allowed to re-enroll in [organization’s] FSS program:
Instructions: Check which families will be allowed to re-enroll, if any. ☐ FSS program graduates [Specify time since graduation, if applicable] ☐ FSS participants who have withdrawn voluntarily [Specify time since exit, if applicable] ☐ Families terminated with escrow disbursement [Specify time since exit, if applicable] ☐ Families involuntarily terminated [Specify time since exit, if applicable] ☐ 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: [specify] [Specify conditions that apply to re-enrollment, such as the number of times a family may re-enroll, if there must have been a change in employment status, etc.] F. Head of FSS Family
[Instruction: FSS Programs are required to allow families to designate the FSS Head of Household.
Describe any procedures your program will use to implement this requirement.]
12.A.d
Packet Pg. 2039 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 25 The head of the FSS family is designated by the participating family. The [organization] may make itself available to consult with families on this decision but it is the assisted household that chooses the
12.A.d
Packet Pg. 2040 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 26 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 the [organization] in:
Instructions: check applicable box, depending on how you will document the designation or change to the Head of FSS family
☐ Writing
☐ A form developed by the [organization]
☐ Other [specify]
[Specify any additional requirements in how head of FSS family should be documented].
V. Outreach
Instructions: Describe the planned
notification and outreach efforts by
your FSS program to recruit FSS
participants from among eligible
families and to provide FSS
information to minority and
nonminority families.
The sample Action Plan lists a number
of typical outreach methods. Check the
ones that apply to your program and
provide details about how you will
implement each method, including how
often.
You should feel free to modify this
section to reflect your program’s
outreach strategy. However, it is
recommended that you retain the note
at the end of this section which affirms
that outreach will comply with all
applicable fair housing protections.
Outreach
The [organization] will conduct widespread outreach to encourage enrollment in the FSS program.
Outreach efforts will include the activities identified through the checked boxes below: (check all that apply). 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.
Outreach Methods Details, including frequency
☐ Posting information about FSS on the
[organization]’s website
☐ Posting FSS program flyers in locations likely
to be seen by eligible families
☐ Providing information about the FSS program
during scheduled reexaminations
☐ Providing information about the FSS program
at voucher orientation sessions
12.A.d
Packet Pg. 2041 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 27 ☐ Holding well-publicized information sessions
about FSS
(see 24 CFR 984.201(c)6 and FSS
Guidebook Section 2.2 Outreach and
Enrollment)
☐ Providing information about the FSS program
to eligible families by mail ☐ Facebook ☐ Twitter ☐ Instagram ☐ Other [specify]
12.A.d
Packet Pg. 2042 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 28 Outreach informational material about the FSS Program will include information about:
• Program overview
• Program benefits
• Available resources
• Participant responsibilities
• Program outcomes
Outreach efforts will be targeted equally to all families, using materials in both English and other commonly spoken languages 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, the [organization] will account for the needs of person with disabilities, including persons with impaired vision, hearing or mobility, and provide effective communications to ensure that all eligible who wish to participate are able to do so.
VI. FSS Escrow Account and Other Incentives for Participants Instructions: Describe your FSS
program’s policies regarding the
escrow account, as well as any other
incentives that you intend to offer
eligible families to encourage
participation in the FSS program.
The sample text covers key issues
related to escrow program
administration, including interim
FSS Escrow Account and Other Incentives for Participants 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 the [organization], are described below.
A. Additional Incentives
[Instructions: Select one of the following options.]
12.A.d
Packet Pg. 2043 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 29 disbursements. While FSS programs
are not required to offer interim
disbursements, HUD encourages FSS
programs to do so as a way of helping
families stay on track toward their
goals.
(see 24 CFR 984.305 and FSS
Guidebook Section 2.2 Outreach and
Enrollment for information on
incentives. See 24 CFR 984.305(c)2
and 24 CFR 984.305(f)2 respectively
for regulations relating to interim
disbursement of escrow funds and
information relating to forfeited
escrow funds and FSS Guidebook
Section 5.2 The FSS Escrow
Account.)
Policy Decisions: In completing this
section, you will need to make the
following policy decisions:
1. Whether to provide financial
incentives to FSS participants (in
addition to the escrow account),
and, if so, what incentives to
provide under what conditions.
(Select the appropriate option.)
2. Whether to allow interim
disbursements of escrow savings.
If so: (a) under what conditions
will interim disbursements be
permitted (including restrictions
on interim disbursements, if any),
and (b) what your programs
procedures for applying for and
☐ Option 1. While the [organization]’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. ☐ Option 2. The [organization]’s FSS program provides the following incentives to FSS participants in addition to the FSS escrow account: [specify here]
B. Interim Disbursements
Instructions: select one of the following options:
☐ Option 1: The [organization] 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 may be made verbally or in 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 the FSS Coordinator and an administrative staff representative of the [organization]. The FSS coordinator 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.
☐ Option 2: The [organization] will allow for interim disbursements subject to certain specified limitations:
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 may be made verbally or in 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. Certainly guidelines / limitations apply to interim disbursement requests, as noted in the table below. The FSS Coordinator and an administrative
12.A.d
Packet Pg. 2044 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 30 12.A.d
Packet Pg. 2045 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 31 approving interim disbursements
will be. (Three options have been
provided. If you select the second
option, indicate what guidelines
apply to specific expenditure
types.)
In your policy, be sure to include
• how a request is made
• by whom
• any limitations on when a
request may be made
• eligible activities
• how the request will be
reviewed/who will make the
determination
3. What are the eligible uses of
forfeited escrow funds? (Check
the uses that apply to your FSS
program.
In your policy, be sure to include
• how a request is made
• by whom
• any limitations on when a
request may be made
• eligible activities
• how the request will be
reviewed/who will make the
determination
4. .)
staff representative of the [organization] will consider requests for interim disbursement in light of these policies and applicable federal requirements.
Specific guidelines / limitations apply to interim disbursement requests for the expenditure types checked in the box below.
Expenditure Type Guidelines / Limitations
☐ Debt repayment ☐ Interim disbursements will be allowed for repayment of debt incurred prior to starting the FSS program, but not for debt incurred afterwards ☐ Head of FSS Household must be engaged in financial coaching and this request must have the support of their financial coach ☐ Requests will be considered on a case-by-case basis
☐ An interim disbursement for debt repayment may not exceed x% of the participant’s escrow savings.
☐ Other: [specify]
☐ Interim disbursements will not be allowed for debt repayment ☐ Car purchase ☐ Families interested in using an interim disbursement to purchase a car must first ask the PHA for a referral to [add partner name] that provides discounted cars.
☐ The maximum interim disbursement that will be allowed for a car purchase is: [add]
☐ Head of FSS Household must be engaged in financial coaching and this request must have the support of their financial coach☐ The terms of any car purchase or car loan will be carefully scrutinized to ensure the terms are reasonable.
☐ Head of FSS Household must submit a budget that includes the ability to cover insurance, gas and savings for maintenance and repair of the vehicle.
☐ Requests will be considered on a case-by-case basis
☐ Other: [specify]
12.A.d
Packet Pg. 2046 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 32 ☐ Interim disbursements will not be allowed for car purchase.
12.A.d
Packet Pg. 2047 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 33 ☐ [Add category]
12.A.d
Packet Pg. 2048 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 34 ☐ [Add category]
☐ Option 3: The [organization] will not allow for interim disbursements.
C. Uses of forfeited escrow funds.
First select one of the following options. If you select the second option, complete the rest of the section. If you select the first option, there is no need to complete the rest of the section ☐ Option 1: Forfeited escrow funds remaining from terminated participants will be collected in a general fund and may be disbursed evenly among participants in good standing on a regular basis. ☐ 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, the FSS Coordinator and a member of the PCC will consider the available funds and make a determination.
[If desired by the organization, add] The [organization] may also initiate a request for the use of forfeited escrow funds.
Select one of the following options regarding interim disbursements:
☐ Option 1: At the discretion of the FSS coordinator, forfeited escrow funds may be considered in lieu of an interim escrow disbursement.
☐ Option 2: Forfeited escrow funds may not be considered as a substitute for an interim escrow disbursement.
☐ Option 3: Other: [specify]
12.A.d
Packet Pg. 2049 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 35 Complete the sections below.
Forfeited FSS escrow funds may be deployed:
☐ Any time during the term of a household’s CoP
☐ Within [###] days of CoP execution
☐ No more than [###] days prior to the scheduled expiration of CoP Use of forfeited escrow funds for eligible uses (described below) may be requested by:
☐ [The organization]
☐ Head of the FSS family
☐ Non-head FSS family members
Eligible uses of forfeited escrow funds include, but are not limited to:
Instructions: check the box of any eligible expenses you plan to allow as eligible use for forfeited escrow account funds. You may wish to use the same Expenditures and Guidelines/Limitations for Forfeited Escrow that you use for Interim Disbursements but you are not required to do so.
Eligible Uses Guidelines / Limitations
☐ Purchasing a vehicle
☐ Families interested in using a forfeited escrow funds to purchase a vehicle must first receive a referral to [add partner name] that provides discounted vehicles.
☐ The maximum forfeited escrow fund amount that will be allowed for a vehicle purchase is: [add]
☐ Head of FSS Household must be engaged in financial
coaching and this request must have the support of their financial coach
12.A.d
Packet Pg. 2050 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 36 ☐ The terms of any vehicle purchase or vehicle loan will be carefully scrutinized to ensure the terms are reasonable.
☐ Head of FSS Household must submit a budget that includes the ability to cover insurance, gas and savings for maintenance and repair of the vehicle. ☐ Requests will be considered on a case-by-case basis
☐ Other: [specify]
☐ Child Care ☐ Requests will be considered on a case-by-case basis ☐ Other: [specify]
☐ Training for participants ☐ Requests will be considered on a case-by-case basis ☐ Other: [specify (e.g., categories of training permitted)] ☐ Employment or
Educational Costs, including:
☐ Employment training
☐ Employment
preparation (e.g.,
interview training,
professional clothing,
etc.)
☐ Education costs (books,
fees, uniforms, tools,
etc.)
☐ Head of FSS Household must be engaged in financial coaching and this request must have the support of their financial coach
☐ Household member receiving funding support must be engaged in financial coaching and this request must have the support of their financial coach ☐ Requests will be considered on a case-by-case basis
☐ Other: [specify]
☐ Training for FSS Program
staff
☐ Requests for funding must be approached by [entity (e.g., the PCC)] ☐ Other: [specify]
☐ Other: ☐[Add Guidelines/Limitations]
12.A.d
Packet Pg. 2051 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 37 VII. Family Activities and Supportive Services
Instructions: Describe the
activities and supportive services
to be provided to FSS families
by both public and private
providers and identify the public
and private resources which are
expected to provide the
supportive services.
(see FSS Guidebook Section 3.3
Referrals to Service Providers)
Check the categories of services
and the specific services that
your program plans to make
available to families through
referrals and indicate the source
or partner for that service.
The sample Action Plan
describes the coaching/case
management services provided to
families in the next Section.
Family Activities and Supportive Services
As described in the next section, all families participating in the FSS program will benefit from coaching that helps them identify and achieve goals that the family selects. Drawing on partners on the program coordinating committee and relationships with other service providers, the coaches will provide referrals as needed to help FSS participants access appropriate services to help them achieve their goals:
Instructions: Check the box next to the name of service categories and specific services for which you will provide referrals. Feel free to add additional rows to describe other services Supportive Service
Category Specific Service Source/Partner
☐ Assessment
☐ Vocational Assessment Educational
☐ Assessment Disability Assessment
☐ Disability Other specialized
assessments
☐ Child Care
☐ Infant Care / Toddler Care Preschool
Care
☐ Afterschool Care
☐ Homework Assistance
☐ Transportation
☐ Bus passes
☐ Assistance with car repairs
☐ Assistance with car purchase
12.A.d
Packet Pg. 2052 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 38 ☐ Education
☐ High School Equivalency/GED ☐ English as a Second Language ☐ Post-secondary certificates ☐ Advanced Degrees ☐ 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 ☐ Job Search Assistance
☐ Resume Preparation ☐ Interviewing Skills ☐ Dress for Success ☐ Workplace Skills ☐ Job Development ☐ Job Placement ☐ Micro and Small
Business Development
☐ Small business development services ☐ Small business Mentoring ☐ Entrepreneurship Training
12.A.d
Packet Pg. 2053 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 39 ☐ Health/Mental Health
Care
☐ Alcohol and Drug Abuse Prevention ☐ Alcohol and Drug Abuse Treatment ☐ Primary care ☐ Dental services ☐ Mental Health Services ☐ Health Insurance Advising ☐ Crisis Services
☐ Crisis Assessment ☐ Crisis Intervention ☐ Crisis Management ☐ Crisis Resolution ☐ Child/Adult Protective
Services
☐ Needs Assessment ☐ Case Planning ☐ Information Referral ☐ Household Management
☐ Training in Household Management
☐ Homeownership
Preparation
☐ Homeownership Education ☐ Housing Counseling ☐ Downpayment Assistance ☐ Other Homeownership Assistance ☐ Financial Empowerment
☐ Financial education ☐ Financial coaching ☐ Banking services ☐ Training in money management
12.A.d
Packet Pg. 2054 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 40 ☐ Individual Development
Accounts
☐ Matched Savings Accounts
☐ Legal Services
☐ Legal Services
☐ Debt Resolution &
Credit Repair
☐ Assistance negotiating the resolution
of past-due debt
☐ Other: [identify]
12.A.d
Packet Pg. 2055 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 41 VIII. Method of Identifying Family Support Needs and Delivering Appropriate Support Services Instructions: Describe how your
FSS program will identify the needs of
participating families and deliver the
appropriate supportive services.
(see FSS Guidebook Section 3.3
Referrals to Service Providers)
Policy Decisions: In completing this
section, you will need to make the
following policy decisions:
1. What approaches and procedures
you will use to identify family
needs for support services.
2. How your program will approach
coaching or case management
(See FSS Guidebook Chapter 3
Case Management/Coaching for
recommendations and best
practices).
3. Whether to provide services
referrals to families who have
completed their FSS contracts of
participation. (Select the option
that applies. See 24 CFR
984.303(e)2 for relevant
regulations)
Method of Identifying Family Support Needs and Delivering Appropriate Support Services
A. Identifying Family Support Needs
To help determine the supportive services needs of each family, the FSS coordinator will work with the family to complete an initial informal needs assessment for that family before completion of the initial Individual Training Service Plan (ITSP) and signing of the contract of participation. After enrollment in the FSS program, the FSS coordinator 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.
B. Delivering Appropriate Support Services
[Note: Adapt the description below based on the program approach selected by the FSS program and fully describe how the coach or case manager will help families achieve their goals.] Coaching. All families who participate in the FSS program will be assigned an FSS coordinator who will provide coaching services to help each participating family to:
• 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.
12.A.d
Packet Pg. 2056 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 42 Overcome obstacles in the way of achieving a family’s goals.
C. Transitional supportive service assistance.
[FSS programs have the option of providing continued services to families that complete their contracts using non-restricted funds. Select one of these options:
☐ Option 1: Families that have completed their 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, [organization] 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.
☐ Option 2: No assistance or referrals will be available to families who have completed their CoP contracts.
IX. Contract of Participation
12.A.d
Packet Pg. 2057 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 43 Instructions: You are not required
by regulation to include a section on
the Contract of Participation (CoP) in
the FSS Action Plan. However, such a
section may help you explain to
readers what the Contract is and how
your program will implement it.
In addition, the sample Action Plan
addresses in this section several of the
policies referenced under “optional
additional information” in 24 CFR
984.201(d)(13) the FSS Rule.
(see 24 CFR 984.103 (CoP Effective
date),
24 CFR 984.303(c) (Term of CoP),
Contract of Participation
All families enrolled in the FSS program will be 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 the [organization]’s policies and practices regarding the CoP.
A. Form and content of contract
[The content of this paragraph is determined by HUD regulation found at 24 CFR 984.303(b)(1) and should not be changed (except to add your organization’s name). The wording may be adjusted, so long as content is not changed substantively].
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 the [organization], 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.
12.A.d
Packet Pg. 2058 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 44 24 CFR 984.303(d) (Extensions of
CoP),
24 CFR 984.303(f) (Modification of
the CoP),
24 CFR 984.303(g) (Completion of
the CoP)) and
24 CFR 984.304(d) (Contract of
Participation Extension).
Policy Decisions: In completing this
section, you will need to make the
following policy decisions:
1. Whether and under what
circumstances to grant extensions
of FSS CoPs.
2. Acceptable methods for
documenting completion of CoPs.
(Select the appropriate option.)
3. Timing limitations (if any) on
when participants may modify
their ITSPs. (Select the
appropriate option.)
4. Policies on the consequences of
non-compliance with the terms of
the CoP.
B. ITSP goals
[The content of this paragraph is determined by HUD regulation found at 24 CFR 984.303(b)(2) and should not be changed (except to add your organization’s name). The wording may be adjusted, so long as content is not changed substantively].
Each individual’s ITSP will establish specific interim and final goals by which the [organization] 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, the [organization] 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 employment. The FSS coordinator 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.
C. Determination of suitable employment
[Instruction: the language in this paragraph is determined by HUD regulation and should not be changed (except to add your organization’s name) 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 the [organization], 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.
D. Contract of Participation term and extensions
[Instruction: the language in this paragraph is determined by HUD regulation and should not be changed (except to add your organization’s name) 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 one-year extensions and are required to submit a written request that documents the need for the extension. [Organization] will grant the extension if it finds that good cause exists to do so. In this context, good cause means:
12.A.d
Packet Pg. 2059 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 45 (i) Circumstances beyond the control of the FSS family, as determined by the [organization], such as a serious illness or involuntary loss of employment; (ii) Active pursuit of a current or additional goal that will result in furtherance of self-sufficiency 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 the [organization] or
(iii)Any other circumstances that the [organization] determines warrants an extension, including [add any specific policies on extension, as applicable].
E. Completion of the contract
[Instruction: the language in this paragraph is determined by HUD regulation and should not be changed (except to add your organization’s name) 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. The [organization] will accept the following form of verification for completion of the ITSP goals:
on how you plan to document/verify
completion
☐ Option 1: The [organization] will accept self-certification to document completion of ITSP goals.
☐ Option 2: The [organization] will require third party verification to document completion of ITSP goals.
☐ Option 3: The [organization] will require a combination of self-certification and third-party verification to document completion of ITSP goals.
Add any pertinent policy language.
Instructions: select either Option 1, 2, or 3 depending of ITSP goals.
12.A.d
Packet Pg. 2060 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 46 12.A.d
Packet Pg. 2061 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 47 F. Modification
The [organization] 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 the [organization] as well as the Head of FSS Family.
The [organization] will allow for modifications to the CoP under the following circumstances:
[Select all that apply]
☐ 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 the [organization], 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 ☐ Other: [specify]
Instructions: select one of the following options, depending on when you will allow modifications of the CoP:
☐ Option 1: The [organization] will allow modifications at any time during the term of the CoP ☐ Option 2: The [organization] will not allow modifications if the CoP is within [fill in] days from the end of the term.
☐ Option 3: The [organization] will not allow modifications of the CoP.
12.A.d
Packet Pg. 2062 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 48 12.A.d
Packet Pg. 2063 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 49 G. Consequences of noncompliance with the contract
[The organization should also indicate the consequences of noncompliance with the contract. Review the sample language and modify if needed.]
Participant non-compliance with the CoP may result in termination from the FSS program. See policies on Involuntary Termination in Section X(A).
X. Program Termination, Withholding of Services, and Available Grievance Procedures
12.A.d
Packet Pg. 2064 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 50 Instructions: Describe your FSS
program’s policies for terminating or
withholding supportive services or
FSS participation for failure to
comply with the Contract of
Participation. Include a description of
the grievance and hearing procedures
available to FSS families.
(See 24 CFR 984.201(d)(9) and FSS
Guidebook Section 2.3 Contract of
Participation and Individual
Training and Services Plan)
Policy Decisions: In completing this
section, you will need to make the
following policy decisions:
1. Your FSS program’s approaches
and procedures assessing and
executing involuntary termination
from the FSS program.
2. Your FSS program’s policy on
voluntary terminations.
Program Termination
A. Involuntary Termination
[Instructions: Review and adjust this sample policy as needed to reflect your organization’s policy on involuntary terminations.]
The [organization] 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. Non-compliance includes:
i. Missing scheduled meetings, failure to return phone calls, and/or maintain contact after written notification of non-compliance
ii. Failure to work on activities and/or goals set forth in the Individual Training and Services Plan, including employment activities iii. Failure to complete activities and/or goals within the specified time frames; and/or II. 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 [organization] 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)
12.A.d
Packet Pg. 2065 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 51 3. Your FSS program’s grievance
procedures, including timelines,
modes of communication, settings,
and individuals involved.
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);
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.
B. Voluntary Termination
[Instructions: Review and adjust this sample policy as needed to reflect your organization’s policy on voluntary terminations.]
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.
12.A.d
Packet Pg. 2066 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 52 12.A.d
Packet Pg. 2067 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 53 C. Termination with Escrow Disbursement
[Note: these policies are required by FSS regulations (see 24 CFR 984.303(k)] 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 the [organization] 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 the [organization] 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.
D. Grievance Procedures
[Instructions: Review the sample text below on grievance procedures and adjust to match your organization’s policies. For PHA’s: You may wish to simply repeat the grievance policies in your PHA Plan, as applicable.]
All requests for an informal hearing must be received by [organization] Coordinator within fourteen (14) business days of the date of the FSS termination letter. If a hearing is requested by the FSS family, notification to the family regarding the date, time, and location of the informal hearing will be made by mail.
Persons included in the informal hearing shall include, but not be limited to:
• The FSS head of household;
• The FSS Coordinator; and
• [Organization] staff members, other than FSS program staff, serving as the Hearing Officer All participants have the right to obtain legal representation and provide their witnesses.
The family may request to reschedule a hearing for good cause, or if it is needed as reasonable accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict which seriously affects the health, safety, or welfare of the family. Requests to reschedule a hearing must be made in writing within (5) days prior to the hearing date.
12.A.d
Packet Pg. 2068 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 54 [Optional Alternative Text on Grievances for PHAs]: [PHA Name]’s PHA Plan details the [PHA Name]’s Grievance Procedures (See [PHA Plan section reference or page number]). [Note: At their discretion, PHA/Owner may request documentation of the “good cause” prior to rescheduling the hearing—if so, this requested documentation should be specified in the action plan].
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 the [organization] within 24 hours of the scheduled hearing date, excluding weekends and holidays. [Organization] 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. The [organization] 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.
XI. Assurance of Non-Interference
Instructions: Include a statement
here that provides an assurance that a
family’s election not to participate in
the FSS program will not affect the
family’s participation in the rental
assistance program.
(see FSS Guidebook Section 1.2
What is FSS and Why is it
Important?)
Assurance of Non-Interference
Instructions: This section and language (with the exception of organization’s name and program name, which will vary) is required and should not vary substantively Participation in the FSS Program is voluntary. A family’s decision on whether to participate in FSS will have no bearing on the [organization]’s decision of whether to admit the family into the [add program name] program. The family’s housing assistance will not be terminated based on whether they decide to participate in FSS, their successful completion of the CoP, or on their failure to comply with FSS program requirements.
[Organization] will ensure that the voluntary nature of FSS program participation is clearly stated in all FSS outreach and recruitment efforts.
12.A.d
Packet Pg. 2069 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 55 XII. Timetable
Instructions: Provide a schedule for
program implementation and for
filling all FSS slots with eligible FSS
families.
Separate options have been provided
for FSS programs that have already
started or have not yet started.
(see FSS Guidebook Section 2.2
Outreach and Enrollment)
Timetable
Instructions: select either Option 1 or Option 2, depending on whether you are rolling out a new FSS program or you have an existing program
☐ Option 1: [Organization] implemented its FSS program in [year] and will continue to implement it per this FSS Action Plan.
will be implementing its FSS program in the
following timeline: [Adjust
Program Begins
The FSS program will commence operation as soon as the [organization] has received notification of HUD’s approval of the Action Plan.
Program Coordinating Committee
Within 90 days after the program begins, a Program Coordinating Committee (PCC) will be formed and will begin meeting. The Committee will continue to meet monthly for the next twelve months.
Thereafter, meetings will be quarterly. Additional special meetings will occur as needed.
Outreach
Within 90 days of program launch, outreach efforts will commence, as described above in the Outreach section.
Participant Selection
Candidates who respond to the outreach efforts will be selected in accordance with the selection procedures described above. The first FSS program participants are expected to be enrolled within 120 days of program launch.
Contract Execution
Contracts of Participation will be executed with selected participants on a rolling basis. The first Contracts of Participation are expected to be completed within 6 months of program launch. ☐ Option [Organization]
exact timing depending on the program’s plans]
:
12.A.d
Packet Pg. 2070 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 56 Full Enrollment
The FSS program expects to reach full capacity within [X] months of program launch. (See discussion above of the number of participants expected to be served. Note that generally for funded programs, the program is required to be serving the minimum number of participants within one year.) Program Maintenance
The FSS program expects to operate at full capacity thereafter, subject to normal fluctuations related to families leaving and entering the program.
XIII. Reasonable Accommodations, Effective Communications, and Limited English Proficiency Instructions: Reasonable
accommodations and effective
communications for persons with
disabilities are required by federal
law. While there is no specific
requirement in the program
regulations to describe in the FSS
Action Plan the agency’s policy on
reasonable accommodations and
effective communications, inclusion
of this section in the Action Plan can
be helpful for reinforcing the
commitment of the PHA/owner to
these important policies. The sample
plan also describes the agency’s
commitment to meeting the needs of
people with Limited English
Proficiency.
Reasonable Accommodations, Effective Communications and Limited English Proficiency Requirements
[Instructions: All three of these policies are required by HUD and are not specific to FSS. However, organizations may adopt different procedures for implementing them. Adjust the sample procedures below as needed.]
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 coordinator. If a family is not satisfied with the FSS Coordinator’s response, the family may submit a request in writing in accordance with the agency’s reasonable accommodations policy. The policy is available online at [location].
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 aids 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 the FSS coordinator. If a family is not satisfied with the FSS Coordinator’s response, the family may submit a request in writing in accordance with the agency’s effective communications policy. The policy is available online at [location].
12.A.d
Packet Pg. 2071 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 57 Limited English Proficiency
The [organization] 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. For more information, see the Limited English Proficiency policy available online at [location].
XIV. Coordination of Services
[NOTE: There are separate tables below for PHAs and multifamily owners] XIV.A Coordination of Services (PHAs only)
Instructions: Certify that the
development of the services and
activities scheduled to be provided
under the FSS program has been
coordinated with public and private
providers, including with programs
under title I of the Workforce
Innovation and Opportunity Act 29
U.S.C. 3111 et seq and other relevant
employment, child care, transportation,
training, education, and financial
empowerment programs in the area. In
this certification, you should further
specify that implementation will
continue to be coordinated with these
local public and private providers to
avoid duplication of services.
Note: PHAs should include here a
description of the Program Coordinating
Committee. (This provision does not
apply to
multifamily owners.)
Coordination of Services
A. Certification of Coordination
[Instructions: Certification of coordination is required per 24 CFR 984.201(d)(12). The text of the certification below is closely adapted from the regulatory text. You may modify the language of the certification so long as it satisfies the requirements of the Rule 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, child care, 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.
B. Program Coordinating Committee
[Instructions: PHAs are required to have a PCC. Feel free to adopt this sample description to reflect your PCC practices.]
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.
(See 24 CFR 984.201(d)12, 24 CFR [identify frequency]
12.A.d
Packet Pg. 2072 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 58 984.202 and FSS Guidebook Sections
3.3 Referrals to Service Providers and
6.1 Building Partnerships)
The PCC will meet
1. 2. program.
3. the followin
ces. The PCC include
e FSS Program Coor
and may conduct business on an as-needed basis via email or each HUD rental assistance program served by the FSS
y of agencies and individuals, which include but are not limited to
<<insert names and agencies>>
XIV.B Coordination of Services (Multifamily owners only) Instructions: Provide a statement
indicating whether there is an existing
PCC that serves the area where the
property is located.
If there is an existing PCC where the
property is located, provide a
statement indicating whether it is
available for you to work with.
Note: If your FSS program has made
good-faith attempts to reach out to the
existing PCC about joining and has
received an unfavorable response/no
response, then the existing PCC is not
considered available.
If there is a PCC that is available for
your program to work with, provide a
statement indicating whether your
program will work with the existing
PCC or start your own.
Coordination of Services
[Instructions: select either Option 1, Option 2, Option 3, Option 4 or Option 5 depending on how you plan to handle coordination with any PCC operating in the area. Under each option, select the item(s) that apply].
☐ [Option 1]
The [add name] PCC serves the area in which the [add property name] is located and the PCC and the owner have agreed that the PCC will work with the owner to coordinate the provision of services. ☐ [Option 2]
The [add name] PCC serves the area in which the [add property name] is located but is not available to work with the owner to coordinate the provision of services. The [organization] will therefore establish its own PCC, as described below.
☐ [Option 3]
The [add name] PCC serves the area in which the [add property name] is located but is not available to work with the owner to coordinate the provision of services. In lieu of establishing its own PCC, the [organization] will coordinate services as follows: [describe here] ☐ [Option 4]
12.A.d
Packet Pg. 2073 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 59 If there is NO existing PCC that is
available for your FSS program to
join, provide a statement indicating
whether you plan to start your own.
Note: If there is no available PCC,
your program is not required to start
its own but is encouraged to do so. If
you choose not to start a PCC, HUD
encourages you to develop an
alternative approach allowing you to
get regular feedback from service
providers and FSS participants.
(See 24 CFR 984.202, and FSS
Guidebook Sections 3.3 Referrals to
Service Providers and 6.1 Building
Partnerships)
Policy Decision:
1. Whether you will use a PCC or
an alternative method of
coordinating services and how
the PCC/coordination process
will work.
No existing, available PCC serves the area in which the [add property name] is located. The [organization] will therefore establish its own PCC, as described below. ☐ [Option 5]
No existing, available PCC serves the area in which the [add property name] is located. In lieu of establishing its own PCC, the [organization] will coordinate services as follows: [describe here] Program Coordinating Committee
[Complete this section if you plan to work with an existing PCC or establish your own PCC. Feel free to modify the sample policy as needed. If you do not plan to work with a PCC, delete this section.] The principal vehicle for ensuring ongoing coordination of services is the program coordinating committee (PCC), which has been established 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 [identify frequency] 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 Program Coordinators
2. One or more participants from the [property name]
3. Representatives from a variety of agencies and individuals, which include but are not limited to the following:
<<insert names and agencies>>
12.A.d
Packet Pg. 2074 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 60 XV. FSS Portability (Applicable to HCV Only)
12.A.d
Packet Pg. 2075 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 61 Instructions: While not specifically
required by the federal program
regulations, it can be helpful to include
a section describing how the program
will approach portability.
(see 24 CFR 984.306 and FSS
Guidebook Section 6.7 Portability in the
FSS Program)
Policy Decisions: In completing this
section, you will need to make the
following policy decision:
1. Whether your FSS program will
allow portability in the first 12
months of enrollment.
2. Under what circumstances your FSS
program will accept FSS
participants porting into your FSS
program from another jurisdiction’s
FSS program.
3. Under what circumstances your FSS
program will agree to a family
porting into your agency’s
jurisdiction to remain in the initial
agency’s FSS program (provided
that the initial PHA agrees to retain
the family in its program and
demonstrates that the family meets
conditions under 24 CFR
984.306(b)1 to fulfill its
Portability
A. Portability in initial 12 months
[Select one of the following options or add your own option about how you plan to address this issue] ☐ Option 1: While [organization] is not required to allow FSS participants to exercise portability within the initial 12 months after signing a CoP, it is the policy of [organization] to allow for portability within this period to the extent feasible.
☐ Options 2: FSS participants may not exercise portability within the initial 12 months after signing a CoP.
B. Moves into the PHA’s jurisdiction
[Adjust this sample policy as needed.]
If an FSS participant moves into the PHA’s jurisdiction, they will be admitted in good standing into the [organization]’s FSS program unless the [organization] 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 [organization] is able to receive an incoming family from another jurisdiction into the FSS program, [organization] 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.
C. FSS termination with disbursement for porting families [Adjust this sample policy as needed.]
If an FSS family seeks to move to a jurisdiction that does not offer an FSS program, the [organization] 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. [Note that the policy below is required under 24 CFR 984.306(b)2]will discuss the options that may be
12.A.d
Packet Pg. 2076 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 62 responsibilities under the initial
CoP).
Where continued FSS participation is not possible, [organization] available to the family, depending on the family's specific circums not limited to, modification of the FSS contract, termination of the FS termination with FSS escrow disbursement in accordance with 24 C a receiving PHA that has the capacity to enroll the family into its FS XVI. Other Policies
Instructions: Describe any
other FSS program-related
policies over which your
program has discretion that are
not covered above.
The Sample Action Plan lists
the local discretionary policies
specifically identified under the
section “optional additional
information” in 24 CFR
984.201(d)13 and specifies in
which section of this sample
action plan each is included.
Including a table like this one in
your Sample Action Plan will
make it easier to find policies
that could be included under
more than one heading.
Other Policies
[For each of the following policies, provide a cross-reference to where the policy is addressed in the Action Plan and/or describe the policy below
Policy Where Addressed in Plan
(i) Policies related to the modification of goals in the ITSP; Section IX Contract of Participation
(ii) The circumstances in which an extension of the
Contract of Participation may be granted Section IX: Contract of Participation (iii) Policies on the interim disbursement of escrow,
including limitations on the use of the funds (if any)
Section VI: FSS Escrow Account and Other
Incentives for Participants
(iv) Policies regarding eligible uses of forfeited
escrow funds by families in good standing
Section VI: 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
Section IV. Family Selection Procedures
12.A.d
Packet Pg. 2077 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 63 (vi) Policies on requirements for documentation for
goal completion; Section IX: Contract of Participation
(vii) Policies on documentation of the household’s
designation of the “Head of FSS Household; Section IV. Family Selection Procedures (viii) Policies for providing an FSS selection Section IV: Family Selection Procedures preference for porting families (if the PHA elects to offer such a preference) A. Other Policies
[List any other policies adopted by the FSS program not described above.]
12.A.d
Packet Pg. 2078 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 64 XVII. Definitions
Instructions: You may find it useful to include a definitions section at the end of your FSS Action Plan. These definitions are excerpted from a longer list of definitions in 24 CFR 984.103
Definitions
The definitions below are specified in CFR 24 984.103. The terms 1937 Act, Fair Market Rent, Head of Household, HUD, Public Housing, Public Housing Agency (PHA), Secretary, and Section 8, as used in this part, are defined in 24 CFR Part 5.
Certification means a written assertion based on supporting evidence, provided by the FSS family or the [organization], as may be required under this part, and which:
(1) Shall be maintained by the [organization] 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, the [organization], and the public, as appropriate; and, (3) Shall be deemed to be accurate for purposes of this part, unless the Secretary or the [organization], as applicable, determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.
Contract of Participation (CoP) means - a contract, in a form with contents approved by HUD, entered into between an FSS family and a [organization] 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 the [organization] 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 residents of Public Housing (Section 9) and 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 the [organization].
Family Self-Sufficiency (FSS) Program means the program established by a PHA within its jurisdiction or by an owner to promote selfsufficiency 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 the [organization] to the FSS family’s FSS escrow account.
12.A.d
Packet Pg. 2079 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 65 12.A.d
Packet Pg. 2080 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 66 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 the [organization]; and is in compliance with the regulations regarding participation in the relevant rental assistance program.pro
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).
Head of FSS family means the designated adult family member of the FSS family who has signed the CoP. The head of FSS family may, but is not required to be, the head of the household for purposes of determining income eligibility and rent.
Individual Training and Services Plan (ITSP) means a written plan that is prepared by the [organization] in consultation with a participating FSS family member (the person with, for, and whom the ITSP is being developed), and which sets forth:
(1) The final and interim goals for the participating FSS family member; (2) The supportive services to be provided to the participating FSS family members; (3) The activities to be completed by that family member; and, (4) The agreed upon completion dates for the goals and activities.
Each ITSP must be signed by the [organization] and the participating FSS family member, and is attached to, and incorporated as part of the CoP. An ITSP must be prepared for each adult family member who elects to participate in the FSS Program, including the head of FSS family who has signed the CoP.
Owner means the owner of multifamily assisted housing.
Self-sufficiency means that an FSS family is no longer receiving Section 8, Public Housing assistance, or any Federal, State, or local rent or homeownership subsidies or welfare assistance. Achievement of self-sufficiency, although an FSS program objective, is not a condition for receipt of the FSS escrow account funds.
12.A.d
Packet Pg. 2081 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 67 Supportive services mean those appropriate services that a [organization] will coordinate on behalf of an FSS family under a CoP, which may include, but are not limited to:
(1) Childcare—childcare (on an as-needed or ongoing basis) of a type that provides sufficient hours of operation and serves an appropriate range of ages;
(2) Transportation—transportation necessary to enable a participating FSS family member to receive available services, or to commute to their place(s) of employment;
(3) Education—remedial education; education for completion of high school or attainment of a high school equivalency certificate; education in pursuit of a post-secondary degree or certificate; (4) Employment Supports—job training, preparation, and counseling; job development and placement; and follow-up assistance after job placement and completion of the CoP;
(5) Personal welfare—substance/alcohol abuse treatment and counseling, and health, dental, mental health and health insurance services;
(6) Household management—training in household management; (7) Homeownership and housing counseling— homeownership education and assistance and housing counseling; (8) Financial Empowerment—training in financial literacy, such as financial coaching, training in financial management, asset building, and money management, including engaging in mainstream banking, reviewing and improving credit scores, etc.; (9) Other services—any other services and resources, including case management, optional services, and specialized services for individuals with disabilities, that are determined to be appropriate in assisting FSS families to achieve economic independence and selfsufficiency. Reasonable accommodations and modifications must be made for individuals with disabilities consistent with HUD requirements, including HUD’s legal obligation to make reasonable modifications under Section 504 of the Rehabilitation Act.
Welfare assistance means (for purposes of the FSS program only) income assistance from Federal, (i.e. Temporary Assistance for Needy Families (TANF) or subsequent program) State, or local welfare programs and includes only cash maintenance payments designed to meet a family’s ongoing basic needs. Welfare assistance does not include:
(1) Nonrecurrent, short-term benefits that:
(i) Are designed to deal with a specific crisis or episode of need; (ii) Are not intended to meet recurrent or ongoing needs; and, (iii) Will not extend beyond four months.
(2) Work subsidies (i.e., payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training);
12.A.d
Packet Pg. 2082 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 68 (3) Supportive services such as childcare and transportation provided to families who are employed; (4) Refundable earned income tax credits;
(5) Contributions to, and distributions from, Individual Development Accounts under Temporary Assistance for Needy Families (TANF);
(6) Services such as counseling, case management, peer support, childcare information and referral, financial empowerment, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; (7) Amounts solely directed to meeting housing expenses; (8) Amounts for health care;
(9) Supplemental Nutrition Assistance Program and emergency rental and utilities assistance; (10) Supplemental Security Income, Social Security Disability Income, or Social Security; and (11) 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 on the need of the child’s current non-parental caretaker.
12.A.d
Packet Pg. 2083 Attachment: HUD's Template FSS Action Plan [Revision 1] (5601 : Housing Authority Annual Plan) 5-Year PHA Plan
(for All PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 02/29/2016
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs.
A. PHA Information.
A.1 PHA Name: Santa Monica Housing Authority PHA Code: ___CA 111______ PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/2020
PHA Plan Submission Type: 5-Year Plan Submission Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.
PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA
Code
Program(s) in the
Consortia
Program(s) not in the
Consortia
No. of Units in Each Program
PH HCV
Lead PHA:
Attachment E
12.A.e
Packet Pg. 2084 Attachment: 5-YearPlan FY 2020 [Revision 1] (5601 : Housing Authority Annual Plan)
5-Year Plan. Required for all PHAs completing this form.
B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years.
The mission of the PHA is the same as that of the Department of Housing and Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination.
B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very lowincome, and extremely low- income families for the next five years. • Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments. • Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica.
• Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities. • Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing and Continuum of Care vouchers, as they are available.
• Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit.
• Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality. • Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed..
• Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher, Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously. • Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants.
• Coordinate with Human Services and service providers to prevent eviction and displacement. • Conduct extensive marketing of the programs and provide education that reduces the stigma of needs based programs. • Develop a client-focused customer service policy;
• Increase community integration for persons with disabilities; • Promote civic engagement of recipients;
• Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access.
B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan.
Progress Report attached as a separate document.
B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. • The PHA will continue to comply with the updated VAWA Reauthorization Act. • The PHA will offer a preference to families that are victims of domestic violence/familial abuse, sexual assault or stalking, who have been displaced in the City of Santa Monica as a result of the victimization. • The City of Santa Monica provides funding for shelter-based services including social services assistance, resource referral, clinical therapy, peer counseling, and court advocacy to victims of domestic violence. Children Empowerment programming and Youth Violence Prevention and Education Workshops are also provided.
12.A.e
Packet Pg. 2085 Attachment: 5-YearPlan FY 2020 [Revision 1] (5601 : Housing Authority Annual Plan)
B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan.
SMHA defines a “Significant Amendment and Substantial Deviation/Modification” when changes are made to the preferences/priorities on the waiting list (Currently defined in the Administrative Plan), if programs or number of persons to be served is reduced due to the loss of supporting revenue, if changes are made to the FMR but only if it adversely impacts tenants, and changes to the appeals/grievance process if tenants are negatively impacted. When significant changes are proposed SMHA will post a 45-day public review notice (24 CFR 903.17(r)), assure that the amendment is consistent with the Consolidated Plan 24 CFR 903.15 (unless action is taken due to funding reduction of programs) and must be approved by the Housing Commission. HUD approval is required prior to implementation of amendments. An exception to this definition will be made for any of the above changes that are adopted to reflect changes in HUD regulatory requirements and will not be considered significant amendments by HUD.
B.6 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) provide comments to the 5-Year PHA Plan? Y N
*Comments provided by RAB will be submitted with the 5-Year Plan. (b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
B.7 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
Instructions for Preparation of Form HUD-50075-5Y
5-Year PHA Plan for All PHAs
A. PHA Information 24 CFR §903.23(4)(e)
A.1 Include the full PHA Name, PHA Code, , PHA Fiscal Year Beginning (MM/YYYY), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table.
B. 5-Year Plan.
B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years. (24 CFR §903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of lowincome, very low- income, and extremely low- income families for the next five years. (24 CFR §903.6(b)(1)) For Qualified PHAs only, if at any time a PHA proposes to take units offline for modernization, then that action requires a significant amendment to the PHA’s 5-Year Plan.
B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR §903.6(b)(2))
B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR §903.6(a)(3))
B.5 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan.
B.6 Resident Advisory Board (RAB) comments.
(a) Did the public or RAB provide comments?
(b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.17(a), 24 CFR §903.19)
12.A.e
Packet Pg. 2086 Attachment: 5-YearPlan FY 2020 [Revision 1] (5601 : Housing Authority Annual Plan)
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan. The 5-Year PHA Plan provides the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely lowincome families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan.
Public reporting burden for this information collection is estimated to average .76 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
12.A.e
Packet Pg. 2087 Attachment: 5-YearPlan FY 2020 [Revision 1] (5601 : Housing Authority Annual Plan) Attachment F
1 Rent Increases
The Policy Change is on Pages 8-20 to 8-21 of the Draft Administrative Plan
12.A.f
Packet Pg. 2088 Attachment: Propose Changes to Administrative Plan (5601 : Housing Authority Annual Plan) Attachment F
2 Shared Housing
The Policy Change is on Page 15-1 of the Draft Administrative Plan
12.A.f
Packet Pg. 2089 Attachment: Propose Changes to Administrative Plan (5601 : Housing Authority Annual Plan) Attachment G
1 Summary of Comments and Responses
Public Comment, General Public, Voucher Participants, & SMHA Staff Response Written Comment:
Regarding the letter from the SMHA for the Administrative Plan workshop dated March 6, 2023, the meeting does not exist.
Response:
The opportunity to provide input and the meeting for the Administrative Plan workshop was held Monday, March 13, 2023, at 1:00 PM in accordance with that notice.
The following comments were submitted in writing by a single voucher holder via direct correspondence with the SMHA and at the March 2, 2023, Housing Commission meeting.
Comments:
There is no mention of any RAB, or RAB representatives participating on SMAHAB in any ordinance, resolution, motion with direction for staff to establish a RAB in any particular form, and there is no mention in the SMHAB bylaws of the RAB or RAB reps to serve on SMHAB.
There has been no public process pertaining to the establishment of a RAB in any particular form, not has there been any public process pertaining to the establishment of any seats for SMHA program participants on SMHAB, or the process of electing or appointing to such seats.
If there exists any SMHAB resolution or ordinance establishing a Santa Monica RAB, or if there exists any mention of a RAB or RAB reps in the SMHAB bylaws, please provide them to me prior to the discussion of the Admin Plan in April 2023 by SMHAB.
James Kemper has been instrumental in preventing the voucher holders from being able to meet and deliberate regarding their input to the Administrative Plan. James Kemper claims that the fact that (according to him) each voucher holder received a notice of the opportunity to individually submit comments to SMHA regarding the Administrative Plan is equivalent to the voucher holders being able to meet and collectively deliberate and come up with input. This is an idea as absurd as one where Council Members do not need to meet but rather, they can individually, without any deliberation or even contact with one another, submit their individual thoughts to the City Hall where staffers can post those individual opinions for the public to read in lieu of the Council holding public meetings and deliberating together… Why does the Santa Monica City Council meet instead of its members individually submitting their individual thoughts on agenda items to the City Hall? Why does the SMHA Board meet? Why does the School Board meet? Why do nonprofit boards meet? Why does any city board, commission, task force or committee meet? Why does the State Assembly meet? Why does the US Congress meet? Why are there HOA board meetings? Why are there neighborhood group board meetings?...
12.A.g
Packet Pg. 2090 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
2 The City Attorney for the City of Santa Monica, who reportedly also represents and advises the SMHAB, has not been involved in the establishment of a RAB or in the establishment of a process that would lead to the appointments of RAB reps to the SMHAB for any specific length or number of terms.
CoC voucher holders do not have any representation on the Housing Authority Board (HAB).
Elizabeth Cochran and Donna Brown have been not appointed with any input from the program participants and are not representatives.
If HCV participants have their reps on HAB, why don't CoC participants have one as well? we have a state of emergency declared based on homelessness, but we don't want to hear from unhoused people? What kind of government acts like this?
The Housing Commission is NOT a policymaking body but merely an advisory body to SMHA Board (i.e. City Council). The participation of a formerly homeless person on the Housing Commission is not equivalent to what is required by federal regulation.
The Housing Authority Board is and has been for decades in violation of the federal requirement to include at least one representative of the Continuum of Care program (a currently or formerly unhoused participant in the CoC program).
There are no HCV reps on SMHA Board and yet SMHA sends out misleading correspondence to program participants claiming that such reps exist.
Response:
The main role of the Resident Advisory Board (RAB) is to make recommendations in the development of the Public Housing Authority (PHA) Plan. The current RAB consists of the entire Housing Choice Voucher (HCV) program and solicits direct input from all voucher participants. The SMHA is currently compliant with the federal requirements for the Housing Authority Board (HAB) and the RAB.
Elizabeth Cochran and Donna Brown are both active tenants in the SMHA’s voucher program and qualify to be tenant representatives. Additionally, the SMHA is compliant with 24 CFR 964.425 (b), with regard to representation which was confirmed by HUD on May 29, 2020.
The SMHA has actively sought input from all voucher program participants during the public comment period with various opportunities. On February 3, 2023, staff posted the start of the public review period on the Housing Office website. Notices were published in the Santa Monica Daily Press on February 4, 2023, and February 25, 2023. On February 6, 2023, staff directly notified members of the Resident Advisory Board and all other voucher participants via direct mail or email correspondence of the opportunity to provide input on the SMHA Plans. Additionally, staff invited all voucher participants and members of the public to the Housing Commission meeting on March 2, 2023, to provide comments and input on the SMHA Plans. Staff also held a workshop on March 6, 2023, which served as another opportunity to discuss and provide input during the public review period.
12.A.g
Packet Pg. 2091 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
3 To create a more inclusive and representative Housing Authority Board (HAB) and RAB, the SMHA is proposing the creation of a Client Advisory Board (CAB) which would create opportunities for all the SMHA’s voucher participants to serve on the CAB as well as the HAB. The two tenant representatives on the HAB would be selected from the newly proposed CAB, which will be presented for Council and HAB consideration on April 11, 2023.
Comment:
There is currently no Resident Advisory Board in Santa Monica, therefore there has not been a RAB process as required by federal law for the Admin Plan to be approved by SMHA Board. Additionally, there is no unhoused or formerly unhoused tenant representative on SMHAB as is required by federal law. The current composition of SMHAB is unlawful, therefore the Board has no authority to discuss or approve the Admin Plan.
There is no functioning RAB, and SMHA has been aggressively obstructing the creation of one despite a dire need and a strong interest from program participants.
Response:
HUD guidance provides Housing Authorities with great discretion in the creation or a RAB. The current RAB for the SMHA consists of the entire Housing Choice Voucher (HCV) participant population and complies with federal regulations. Regarding the Housing Authority Board, HUD determined in 2015 that the SMHA is in compliance with the Continuum of Care (CoC) program requirement regarding participation of a homeless person or formerly homeless person, as such representation is achieved through the Housing Commission and its bylaws requirement that at least one Commissioner be a homeless person of formerly homeless person.
Comment:
A proper assessment of the feasibility of administering HUD's HCV Homeownership Program should be a goal of SMHA as part of its efforts to affirmatively further fair housing (AFFH).
Response:
Adding a Homeownership program would involve evaluating the associated regulations, assessing the feasibility of such a program given the gap between maximum voucher payment standards and real estate prices in Santa Monica, and determining the staffing and other resources needed to support the program. Currently, the SMHA is focused on completing its core responsibilities according to HUD’s requirements and does not have resources that can be allocated to assessing the feasibility of new programs such as a homeownership program.
12.A.g
Packet Pg. 2092 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
4 Summary of Resident Advisory Board Member Comments, Other Voucher Participant Comments & SMHA Staff Response
Resident Advisory Board (RAB)/Client Advisory Board (CAB) (Submitted by Email/at the Housing Commission meeting and Administrative Plan Workshop):
Comments:
The SMHA Board should refuse to approve the Administrative and Annual Plans until all RAB members can meet, review discretionary documents, discuss, and submit collective feedback to the SMHA.
Delay requesting/providing Housing Authority Board approval of any Administrative Plan changes until RAB members are meaningfully informed about the document and their rights, provided a genuine and accessible opportunity to meet as a RAB and discuss the Administrative Plan, and given adequate time and means to provide feedback as a RAB.
The SMHA should immediately schedule the six-month-overdue meeting of the RAB/CAB that was ordered to be organized “with haste” by a unanimous City Council/SMHA Board vote on September 13, 2022.
As a RAB member, I am guaranteed by federal HUD policy administrative support by the SMHA to meet with my fellow RAB members to discuss RAB business. It is not sufficient to call all client’s RAB members but only allow direct individual feedback to staff on the Administrative Plan. SMHA must set a RAB meeting for RAB members only ASAP. City Council voted to direct staff to do just that for RAB (and would-be CAB) members "with haste" last year and it has yet to be done. SMHA clients are being denied participation in a functioning RAB for yet another Administrative Plan cycle in violation of federal policy.
The last-minute workshop does not fulfill SMHA’s obligation to inform clients about the Administrative Plan and provide an opportunity for us to confer as a RAB and submit feedback as a RAB. We’re receiving less than two weeks notice (for mail recipients it will be closer to a week), it’s scheduled for 1pm on a workday, and there’s no opportunity for the RAB to confer before providing input.
I would like to affirm the requests of several participants who have requested a general meeting prior to approval of the HUD plan. My suggestion is a meeting facilitated by a professional eg. Dr.
Karen Gunn who has extensive expertise in working with client groups. Since the plan is so large another suggestion would be breakout groups that could synthesize the material and present feedback to the group.
The SMHA adopts the recommendations of the Housing Commission regarding the RAB/CAB, including supporting annual RAB/Cab Elections to the SMHA Board.
The SMHA should facilitate annual or biannual surveys created and conducted by the RAB/CAB by a) both emailing and mailing surveys and instructions to all SMHA clients in English and Spanish with instructions to request translations into other languages written in all known client languages and
12.A.g
Packet Pg. 2093 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
5 b) for the results of the surveys to be compiled and provided to the RAB/CAB for further use.
Response:
On February 3, 2023, staff posted the start of the public review period on the Housing Office website. Notices were published in the Santa Monica Daily Press on February 4, 2023, and February 25, 2023. On February 6, 2023, staff directly notified members of the Resident Advisory Board and all other voucher participants via direct mail or email correspondence of the opportunity to provide input on the SMHA Plans. Additionally, staff invited all voucher participants and members of the public to the Housing Commission meeting on March 2, 2023, to provide comments and input on the SMHA Plans. Staff also held a workshop on March 6, 2023, which served as another opportunity to discuss and provide input during the public review period.
Finally, nine voucher holders met independently of SMHA staff to discuss and provide input on the SMHA plans.
The SMHA is proposing the creation of a Client Advisory Board (CAB) which took considerations from the HAB, the Housing Commission, an independent consultant, and is modeled after other boards in the City of Santa Monica.
Programs and Opportunities
Family Self-Sufficiency (FSS) Program
Comment:
The SMHA should revive the FSS Program and actively seeks out funding through the Notice of Funding Opportunities (NOFOs) applications to ensure the FSS Program has the maximum funding available.
Response:
The SMHA is currently sunsetting the FSS program and most of the operational aspects have been or will be shut down. Although the SMHA can seek out funding for the FSS program, it would not be sufficient to revitalize the FSS program. Additionally, the SMHA is focused on completing its core responsibilities as a Housing Authority and does not have resources that can be allocated to revitalize the FSS program.
Move to Work (MTW) Demonstration
Comment:
The SMHA apply for the MTW demonstration, which would grant the housing authority more flexibility in the execution of its programs and funding.
Response:
The MTW is a demonstration program for public housing authorities (PHAs) like the SMHA that provides an opportunity to design and test innovative, locally designed strategies that use Federal
12.A.g
Packet Pg. 2094 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
6 dollars more efficiently, help residents find employment and become self-sufficient, and increase housing choices for low-income families. Applying for the MTW will require extensive consideration, review of the demonstration parameters, discussions with HUD for feasibility and applicability to the SMHA, and approval from the HAB. The SMHA will explore the MTW option.
Homeownership
Comments:
The SMHA should create a Homeownership Program for HCV program participants as a way to assist those of low or extremely low income in purchasing a condo or house. Note: that any homeownership program created for SMHA HCV participants can be used to purchase homes outside of the City of Santa Monica.
Response:
The SMHA does not offer an HCV Homeownership program. Adding such a program would involve evaluating the associated regulations, assessing the feasibility of such a program given the gap between maximum voucher payment standards and real estate prices in Santa Monica, and determining the staffing and other resources needed to support the program. The SMHA is focused on completing its core responsibilities for Santa Monica residents according to HUD’s requirements and does not have resources that can be allocated to assessing the feasibility of a homeownership program.
Payment Standards
Comments:
The SMHA convert the payment standard to Small Area FMR and raise payment standards according to the recent Housing Commission recommendations to the City Council/SMHA Board.
The Payment Standard is insufficient.
Response:
The SMHA is currently reviewing the feasibility of using the Small Area Fair Market Rents (SAFMRs) to establish Payment Standards, rather than the metropolitan area Fair Market Rents.
Comment:
Make the Payment Standards automatically correlate with the Fair Market Rent (FMR) posted to HUD’s website.
Response:
The SMHA is required to review the Payment Standards at least once a year and make sure they are within HUD’s designated range of 90 percent to 110 percent of the current published FMR. Based on a previously requested and approved exception to the HUD limit of 110 percent, the SMHA’s Payment Standards currently exceed 110 percent of the current FMR for 1-, 2-, and 3-bedroom units, and for Efficiency units is at 99 percent of the 2023 published FMR. The following table shows the current SMHA and metropolitan area FMRs (Payment Standards).
12.A.g
Packet Pg. 2095 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
7 Policy
Comment:
The SMHA received comments from participants, RAB members, and a letter from the Legal Aid Foundation of Los Angeles about the SMHA’s current Rent Increase policy, practices, and procedures.
Response:
The SMHA agrees with the comments that were submitted about landlords affirmatively requesting rent Increases and notifying tenants and has added clarifying language in the proposed Administrative Plan, Chapter 8 Section 8-III.B., Page 8-23.
Comment:
The SMHA allow HCV clients to cohabitate using their vouchers such as renting a room in a house or having roommates who are or are not HCV clients share living space. Note that the City of Los Angeles and other jurisdictions permit this.
Response:
The SMHA agrees with your input that voucher holders should be able to use the voucher in a shared housing situation and is proposing to amend the Administrative Plan to allow for Shared Housing. The proposed amendment can be found in The Administrative Plan Chapter 15, Page 15-1.
Comment:
Change the "Bedroom Standards". Or HCV bedroom allotment for families. Change it to 1 person= 1 bedroom and at the 1 bedroom payment standards for HCV approval. If there is 1 parent and one child = 2 bedrooms, 2 adults = 2 bedrooms unless they are married. 1 adult and two children can have 2 bedrooms if the children are close in age and same gender. If the children are opposite identifying children then they can change an adult with 2 children (1 boy and 1 girl) as granted 3 bedrooms and 3bedroom payment standards. 1 Married couples can have one bedroom because they would likely be sleeping in the same room together. Stop considering studios or efficiency as a "1 bedroom" under the rent payment standards. Stop treating the living room as a bedroom. If an appraiser for a property that is for sail, only considers it a bedroom if it has its own door and closet for clothing storage then that is what it should be for everyone. Studios and efficiency has to be treated as immediate and temporary housing similar to tiny homes, never intended for long term residency. Adjusting the bedroom standard makes it easier to find housing. Also, I am even a fan of just giving people a budget based on household and say go find housing in this price range whatever you can find and be approved for. Rather than saying if you find a 2 bedroom with a den that you are prohibited from using your 3 bedroom voucher because it's not technically a bedroom. It's could save the housing authority money for a family to choose that unit to rent, so let them exercise
12.A.g
Packet Pg. 2096 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
8 choice. If a 1 bedroom person would rather have a studio because it's the only place available near their job and within their price range, let them choose it while maintaining their 1 bedroom payment standards because it gets them housed quickly and that is the primary purpose. Maybe they have mobility issues or they want to pay less utilities every month. Trust them to make a decision for themselves by taking away so much restrictive language and obstacles that could affect efficient use of the program.
Response:
The SMHA is required to adhere to HUD’s federal regulations in the facilitating and application of vouchers. The SMHA is required to size the voucher to the smallest number of bedrooms needed to house a family without overcrowding (defined as 2 persons per bedroom + 1).
The federal regulation that governs both is 24CFR § 982.402 which states the following:
(b) Determining family unit size. The following requirements apply when the PHA determines family unit size under the PHA subsidy standards:
(1) The subsidy standards must provide for the smallest number of bedrooms needed to house a family without overcrowding.
Additionally, the same regulation further states:
(c) Effect of family unit size-maximum subsidy in voucher program. The family unit size as determined for a family under the PHA subsidy standard is used to determine the maximum rent subsidy for a family assisted in the voucher program. For a voucher tenancy, the PHA establishes payment standards by number of bedrooms. The payment standard for a family shall be the lower of:
(1) The payment standard amount for the family unit size; or (2) The payment standard amount for the unit size of the unit rented by the family. (3) Voucher program. For a voucher tenancy, the PHA establishes payment standards by number of bedrooms. The payment standards for the family must be the lower of:
(i) The payment standards for the family unit size; or
(ii) The payment standard for the unit size rented by the family.
Comment:
Add some language that will say that if a person is a victim of crime or custody matter or abduction/kidnapping that they will be treated as if the child is still at home if they can show the agency a nexus between the missing household member and criminal activity such as domestic violence. And without housing decisions for allotment being related to any court orders. Some people who have had to escape domestic violence or whatever have been separated from their children or other family members and they should have enough space to provide for them should they return. If a walkthrough was conducted on a one-bedroom and a parent is trying to get 4 children back for example, it might be seen as a negative to be living in a one-bedroom compared to a husband who has a house for example. We avoid punishing victims and the poor for their life
12.A.g
Packet Pg. 2097 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
9 circumstances. Rather we look for ways to help and improve their lives and circumstances long term.
Response:
The SMHA does have language in the Administrative Plan that establish exceptions to subsidy standard (i.e., bedroom size) on page 5-15, section 5-II.C. which states the following:
In determining family unit size for a particular family, the PHA may grant an exception to its established subsidy standards if the PHA determines that the exception is justified by the age, sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR 982.402(b)(8)]. Reasons may include, but are not limited to:
• A need for an additional bedroom for medical equipment • A need for a separate bedroom for reasons related to a family member’s disability, medical or health condition
For a single person who is not elderly, disabled, or a remaining family member, an exception cannot override the regulatory limit of a zero or one bedroom [24 CFR 982.402(b)(8)].
PHA Policy
The PHA will consider granting an exception for any of the reasons specified in the regulation: the age, sex, health, handicap, or relationship of family members or other personal circumstances.
The family must request any exception to the subsidy standards in writing. The request must explain the need or justification for a larger family unit size, and must include PHA required documentation. Requests based on health-related reasons must be verified by a knowledgeable professional source (e.g., doctor or health professional), unless the disability and the disability– related request for accommodation is readily apparent or otherwise known. The family’s continued need for an additional bedroom due to special medical equipment must be re-verified at annual reexamination.
After a request for an exception is presented, the PHA will respond in writing, acknowledging receipt of the request, within 10 business days.
Based on the verified need for the exception or the absence thereof, the PHA will render its decision within a reasonable period of time. If a participant family’s request is denied, the notice will inform the family of their right to request an informal review.
Comment:
Ensure the Annual and Administrative Plans include language that states program participants are to be treated with respect and dignity by staff and landlords at all times and details recourse for clients when that policy is violated.
12.A.g
Packet Pg. 2098 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
10 Response:
A core requirement of job duties for all SMHA staff is to provide effective customer service, which includes treating program participants with respect. Additionally, the Administrative Plan includes a policy regarding discrimination complaints – see pages 2-4 to 2-5.
The Administrative Plan is specifically meant to describe the SMHA’s policies for the administration of the voucher programs, implementing and complying with federal regulations, rather than establishing customer service standards for staff. However, the SMHA is receptive to feedback about improving customer service and addressing complaints.
A landlord’s obligations to the voucher program participant are dictated by the terms of the lease and should be negotiated during the lease process. The landlord’s obligation to the SMHA is dictated by the Housing Assistance Payment (HAP) contract, which is a HUD-authored document that must be used by Housing Authorities. If the landlord violates the HAP contract, the SMHA enforces the contract in accordance with the specific violation and the policies and procedures outlined in the Administrative Plan.
New Staff Positions
Comment:
The SMHA should create and hire a dedicated position of ADA/Section 504 Coordinator as strongly recommended by the 2020 Assessment of Fair Housing report with the City of Santa Monica Housing and Economic Development Department and the Lawyers’ Committee for Civil Rights Under Law and published on April 1, 2020, and approved by City Council on April 28, 2020 (https://www.santamonica.gov/housing-policy-and-reports).
Response:
The SMHA is funded to complete its core responsibilities according to HUD’s requirements and does not have the resources or capacity to hire a designated ADA/Section 504 Coordinator at this time.
The City of Santa Monica has a designated ADA/Section 504 Coordinator that also works with the SMHA. The name and contact information for the ADA Coordinator is:
Mirna Medina, ADA/Section 504 Coordinator
PO Box 4050
Santa Monica CA 90411
310-434-2605 TTY: 310-458-8696
[email protected]
Comment:
The SMHA needs to designate or hire a Veteran Liaison to assist clients who have served in the military.
Response:
The SMHA is funded to complete its core responsibilities according to HUD’s requirements and does not have the resources to hire a designated Veteran Liaison. Additionally, the HUD-Veterans Affairs
12.A.g
Packet Pg. 2099 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
11 Supportive Housing (HUD-VASH) program, one of the voucher programs administered by the SMHA, combines HUD’s Housing Choice Voucher (HCV) rental assistance for homeless veterans with case management and clinical services provided by the Department of Veterans Affairs (VA). The VA provides these services for participating veterans at VA medical centers (VAMCs), community-based outreach clinics (CBOCs), through VA contractors, or through other VA-designated entities.
Comment:
The SMHA hire a Landlord Liaison/Housing Navigator, successfully utilized in jurisdictions nationwide, to help advocate for clients with prospective and current landlords and help prospective and current landlords navigate SMHA bureaucracy in a smooth and timely fashion. This position is necessary to facilitate voucher utilization and prevent the source of income discrimination that while illegal, is rampant in Santa Monica.
Create or advocate for a public relations campaign to destigmatize SMHA clients and housing voucher holders as a whole and raise awareness of the benefits of HUD programs to tenants, landlords, and larger communities.
Response:
The SMHA is funded to complete its core responsibilities according to HUD’s requirements and does not have the resources to hire a designated Landlord Liaison/Housing Navigator or a Public Relations Officer. Additionally, the City of Santa Monica funds several local social service agencies that provide housing navigation to clients participating in their programs. Further, the City of Santa Monica has outlawed source of income discrimination in housing, and anyone experiencing such discrimination may file a complaint with the Consumer Protection Division of the City Attorney’s Office, which can be reached at 310-458-8336.
Comment:
The SMHA should seek the participation and input of the RAB/CAB when hiring a new Landlord Liaison/Housing Navigator, dedicated ADA/Section 504 Coordinator/Disability Liaison, and Veteran Liaison
Response:
The SMHA is part of the City of Santa Monica and must follow the same policies and procedures when hiring staff.
Customer Service
Comment:
The SMHA add to the Administrative Plan and website a flow chart with names, titles, contact information, and salary funding source (federal or city) of every single SMHA employee and manager, including city employees charged with SMHA interaction and/or oversight. This must
12.A.g
Packet Pg. 2100 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
12 include each employee’s direct report and names and contact information for recourse when clients encounter problems with SMHA at any level.
Response:
The SMHA is part of the City of Santa Monica and follows the same information protocols and transparency requirements as other City departments. Additionally, the SMHA provides direct contact information to program participants at the initial voucher briefing, every annual recertification, and as requested by program participants.
The SMHA as an agency reports to and is overseen HUD. Here is the website link to the contact information for the HUD Los Angeles Office: https://www.hud.gov/states/california/offices Los Angeles Field Office
United States Department of Housing & Urban Development (HUD) Los Angeles Field Office
300 North Los Angeles Street, Suite 4054
Los Angeles, CA 90012
Phone: (213) 894-8000
Email: Customer Service
Fax: (213) 894-8107
TTY: (213) 894-8133 or Dial 7-1-1 (Not available in all areas.) The SMHA’s governing body is the Housing Authority Board. Here is the website:
https://www.santamonica.gov/housing-hab
Here is the website link to the Salary Schedules of Santa Monica Employees:
https://www.santamonica.gov/media/Document%20Library/Detail/Memorandum%20of%20Unders tandings/MOU/2022_04_21_salary-sched.pdf
Here a link for employee salaries:
https://transparentcalifornia.com/salaries/santa-monica/ Here a link for tenant rights:
https://www.santamonica.gov/tenants-rights
Comment:
The SMHA does not have a point of contact for Reasonable Accommodations.
Response:
Every SMHA staff acts as a point of contact for reasonable accommodation requests. HUD requires that if an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed based upon a disability, the SMHA must treat the information
12.A.g
Packet Pg. 2101 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
13 as a request for a reasonable accommodation. This rule requires that every staff member acts as a point of contact to initiate the reasonable accommodation process.
Comment:
Add the informal review officer to the administrative plan and include their contact information.
Add the informal review process/rules to the website and the ability to obtain a form and or submit a form to request an informal review. Also, add the information for a state hearing process.
Response:
Chapter 16 of the Administrative Plan establishes the informal review process and rules. The Administrative Plan is available year-round at https://www.santamonica.gov/housing-policy-andreports. A specific form is not required to request an informal review, the applicant simply needs to make the request in writing and submit the request to the SMHA. The SMHA determines the appropriate staff member among the SMHA team to conduct the informal review, as long as the person is other than the one who made or approved the decision under review, or a subordinate of that person.
Comment:
The SMHA must stop penalizing clients for theoretical back rent when Housing Specialists are behind in processing recertifications or income changes, resulting in delays of landlord notifications to tenants of rent changes, which must precede actual rent changes by at least 30 days. Note that under California law, such notices must come from landlords; SMHA notices of rent changes do not constitute legal notification by landlords.
Response:
When the family payment (tenant portion of rent) is incorrectly set too low, the SMHA is providing more subsidy than allowed under the federal program. In cases where the error or omission is the fault of the PHA, the family and owner are not responsible for repayment of any previously paid excess amount. Going forward, the PHA must give the family and owner reasonable notice of the increase in the family payment and corresponding decrease in housing assistance payment.
In cases which the error or omission is the fault of the family, the family must repay the PHA within a reasonable period of time. If the amount owed is not repaid, the PHA may terminate the family’s assistance. The PHA must process the change immediately and inform the landlord and family of the effective date of the change. Increases in the amount of family payment resulting from a family error or omission become effective retroactively to the time of the reporting error or omission.
Comments:
Offer or partner with other agencies to offer supportive services to all SMHA program participants who need them.
The SMHA should offer or partner with other agencies to offer financial literacy programs to all SMHA clients.
12.A.g
Packet Pg. 2102 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
14 Response:
The SMHA does maintain partnerships with supportive service organizations and continually looks for other opportunities to support the voucher population. Here is current list of supportive services, information, and resources available within Santa Monica:
https://www.santamonica.gov/housing-resources
https://www.santamonica.gov/housing-at-risk
https://www.santamonica.gov/housing-seniors
The People Concern
(310) 450-4050
Disability Community Resource Center (DCRC)
(310) 390-3611
Step Up on Second
(310) 394-6889 (310) 576-1308
WISE Senior Services
(310) 394-9871
St. Joseph Center
(310) 396-6468
Legal Aid Foundation of Los Angeles (LAFLA)
Phone: (310) 899-6200
Website: lafla.org
City of Los Angeles Housing Resource Center
http://www.housing.lacity.org/
Affordable Housing in Los Angeles County
https://www.affordablehousing.com/los-angeles-ca/
If you need a place to stay in the case of an emergency:
211
Call 2-1-1 or visit 211LA.org. Operators will help you home in on resources based on your specific needs and situation.
Comment:
The SMHA ensure or partner with other agencies that are in no way financially affiliated with the City of Santa Monica to ensure program participants have automatic access to legal representation if they are facing eviction actions or Ellis Act eviction. Program participants have unfettered access to legal representation and resources for housing concerns with access to mediation to resolve landlord/tenant disputes. The new tenant protection laws automatically provide legal
12.A.g
Packet Pg. 2103 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
15 representation for tenants facing eviction but are only available to rent-controlled tenants. The City needs to create legal access for SMHA program participants outside LAFLA, the Santa Monica branch of which is funded by the City of Santa Monica, whose infrastructure SMHA is inextricable from.
Response:
The SMHA is funded to complete its core responsibilities according to HUD’s requirements and does not have the resources to independently fund legal services for tenants beyond those funded with City of Santa Monica resources.
Comment:
The SMHA arrange for and publicize the name and contact information of a representative from Public and Indian Housing to provide technical support to the RAB/CAB.
Response:
Here is the website link to the contact information for the HUD Los Angeles Office:
https://www.hud.gov/states/california/offices
Los Angeles Field Office
United States Department of Housing & Urban Development (HUD) Los Angeles Field Office
300 North Los Angeles Street, Suite 4054
Los Angeles, CA 90012
Phone: (213) 894-8000
Email: Customer Service
Fax: (213) 894-8107
TTY: (213) 894-8133 or Dial 7-1-1 (Not available in all areas.) Comments:
The SMHA furnish every client with the complete data and calculations used to determine their share of rent at every re/evaluation. This must include the HUD form used to calculate these rent shares.
The SMHA must educate clients about the existence, role, and details of medical deductions in determining income and subsequently share of the rent, including specific information about what counts as medical deductions and information on how and when to submit deductions. The SMHA should also furnish all clients who submit medical deductions with itemized results of those claims including approval or denial and the reason for any denial.
Response:
The SMHA agrees and will ensure transparency for the participants in rent calculations, expenses, allowances, deductions, and the tenant’s share of the rent.
12.A.g
Packet Pg. 2104 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
16 Comments:
Adopt a tenant/owner portal that accommodates the needs and disabilities of voucher participants.
The portal should be user-friendly and allow tenants/owners to submit all documents electronically and time stamp them with a confirmation email after submission. The portal should also serve as a way to communicate with Housing Specialists and be capable of preserving client emails for up to 10 years.
The SMHA overhaul voucher waitlists to create transparency for applicants, including access to information about their position in the selection process and notification when they are approved for any voucher program.
Due to a total lack of transparency in AFF/Subsidized housing; etc. (preferential treatment who gets housing.) The SMHA needs to make available a comprehensive list of all shelters, project-based housing, deed-restricted/tax credit, and/or affordable housing units in the city. The City and County of San Diego publish such a list for public access. Santa Monica can easily publish a list like San Diego (see link to San Diego Housing List: https://www.sdhc.org/housing-opportunities/affordablerentals/).
Make the program more accessible for persons with disabilities.
Response:
The SMHA continuously seeks to improve communications with, and information to, program participants. The SMHA will review the current format of the website to explore options to improve accessibility, communication, transparency, and customer service delivery.
Comment:
There needs to be a survey of all voucher holders to assess the experience of the end user of the program, which is the tenant.
Response:
The SMHA will explore options to access the voucher holders’ experience to improve accessibility, communication, transparency, and customer service delivery.
Comment:
Would like plans written in layman’s terms.
Response:
The Annual Plan is presented on a form required by HUD. SMHA will strive to publish a summary sheet of the changes in easier-to-understand terms.
Other
Comment:
The SMHA should work with the city of Santa Monica to ensure Housing Commission meetings are live-streamed and made subsequently available on YouTube, with hybrid participation.
12.A.g
Packet Pg. 2105 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan) Attachment G
17 Response:
The Santa Monica Housing Commission is a City advisory body created by the Santa Monica City Council and must adhere to the rules and procedures for advisory bodies adopted by Council.
Comment:
The SMHA must overhaul and create transparent, measurable, and regularly tested parameters for Below Market Housing (BMH) list notices and digital and physical correspondence with clients to ensure all clients receive equal BMH opportunities and all SMHA communications.
Response:
The BMH waitlist is a City program which matches waitlist applicants to affordable housing opportunities throughout the City and is not administered by the SMHA, which administers rental housing voucher programs. Waitlist applicants are contacted as opportunities arise which match the income and household size requirements of the housing opportunity, and the system is based upon diligent and timely responses to opportunity notifications.
Comment:
The SMHA must address ongoing habitability issues that program participants face, including mold, cockroaches, and bed bugs. The SMHA must ensure SMHA inspectors have sufficient resources to properly address habitability issues with landlords who violate such requirements, including issuing warning letters to landlords and facilitating abatements of rent when landlords fail to cure violations within a specified time frame. SMHA must ensure clients are knowledgeable about habitability information from sources including California Health and Safety Code and Code Enforcement, by widely disseminating this information in the SMHA office, orientation packets, yearly recertification packets, on the SMHA website, and posted on the information boards at City Hall and/or in the SMHA office with copies available for program participants to take.
Response:
HUD requires that the SMHA enforce the federally-established Housing Quality Standards (HQS), which all housing must meet in conjunction with voucher assistance. All housing must pass an HQS inspection prior to the initial occupancy and then annually or biennially. Additionally, Chapter 8 of the Administrative Plan is dedicated to HQS – see pages 8-1 to 8-26, providing details on the physical standards that housing must meet, the inspection process, obligations of owners and tenants, and the SMHA’s policies for program enforcement.
12.A.g
Packet Pg. 2106 Attachment: Summary of Comments and Responses [Revision 3] (5601 : Housing Authority Annual Plan)
!"#$% &'
(%)
'
(%)
(* +,-
./&.01$2 345
6 7$
,
((
8
9
(
4
:
*
!;;
4
:
*
444
,(9
(
;(
&
;(
;<9;(
8
4
44
9:
4<;
(
;4(
8
;
8
(
(
4-4
8
=
);
*
8<
8
<
9(
8
;;:<+
(
< 4
9;
4(
8
;
=
4
;(
-4
8
*8<
"
;;
*;(
(4=
;
4
49
4
>(44'
(3,9
,(
*%4
(
;(
;
84
)(
(;8
*
(
:
*?;;
0
;4
Attachment H 12.A.h
Packet Pg. 2107 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
! !"!#$!%""& '()
*+,
*-./ ()
*+,
*-./
+0
+*
,1
2345
678%9
.-*:+0
:8
*+&-
+
;<=>?@ABCADEFB@FGCHBIEJEHKLHEMDLKBC@AFN
OPQREHECFA@IDA?BC@ACAMS>TUKAJ;<=>RKFVEEAKMMHEFFCWELX@VFBHD?BCAMBRE ?HEKBC@A@I@AEJEFYCBEKJCHEAEEJKAJKFBH@AMCABEHEFBIH@ZYH@MHKZYKHBC?CYKABFP
[PQREHEKHEA@=\]HEYF@A;<=>T@KHJKAJXEB;<=>FEAJF@DBZCFLEKJCAM ?@HHEFY@AJEA?EB@YH@MHKZYKHBC?CYKABF?LKCZCAMBRKBFD?RHEYFE^CFBP
_PQREHEKHEA@\@\HEYF@A;<=>T@KHJ`;<=>@VBKCAEJKADAaKHHKABEJbaKCWEHb @IBRCFHEcDCHEZEABP
[d\eSfghPgfiMjiOjN
klmnopqrsrtoqruvuwxuyz{z||rv}r~r}o{|
km
¡
QREYKHBC?CYKBC@A@IKADAR@DFEJ@HI@HZEHLXDAR@DFEJ?CBC¢EA@ABRE=@DFCAM \@ZZCFFC@ACFA@BKAK??EYBKVLEEcDCWKLEABB@\@\HEYHEFEABKBC@A@ABRE;<=> T@KHJPQRE=@DFCAM\@ZZCFFC@ACF£¤QKY@LC?XZKGCAMV@JXVDBZEHELXKAKJWCF@HX
12.A.h
Packet Pg. 2108 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
"
#
"
$
%
%&
%
'#!
"
#$
( )
#
"#
%!#*
#
"
!+'#
!
%
#$
$
#
#"
$"
#
#
$#$
#
"
!##
#
"
#
%!#
$#
#
#
#
,
+
------------
%
#
$
* )
!
#
.
$
#
$
"
#
#$
/$
%
0$
1
!
12.A.h
Packet Pg. 2109 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
12.A.h
Packet Pg. 2110 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Other Office Locations:
Ron Olson Justice Center, 1550 W. 8th Street, Los Angeles, CA 90017 East Los Angeles, 5301 Whittier Blvd., 4th Floor, Los Angeles, CA 90022 Long Beach, 601 Pacific Ave., Long Beach, CA 90802
South Los Angeles, 7000 S. Broadway, Los Angeles, CA 90003 Legal Aid Foundation of Los Angeles
1640 5th St., Suite 124
Santa Monica, CA 90401
SUBMITTED VIA EMAIL
City of Santa Monica
Housing Office
1685 Main Street, Mail Stop #19
Santa Monica, CA 90401
[email protected]
March 20, 2023
Re: Comments to FY2023-2024 Administrative Plan
To Whom it May Concern:
Legal Aid Foundation of Los Angeles (“LAFLA”) appreciates this opportunity to comment the Santa Monica Housing Authority’s (“SMHA”) draft FY2023-2024 Administrative Plan (“Administrative Plan”). LAFLA is the largest provider of free legal services to low-income residents of Santa Monica. Our comments are based on our experiences representing countless participants in the SMHA’s Section 8 Housing Choice Voucher program. We welcome any questions you may have about the issues outlined in this letter.
I. Annual Rent Increases Initiated by the SMHA
It is currently SMHA policy for the SMHA to approve an increase in the contract rent for an HCV-assisted unit as a part of a tenant’s annual recertification. See Admin. Plan § 8-III.B. This policy is unchanged in the draft Administrative Plan. Specifically, at each Section 8 participant’s annual recertification, the SMHA initiates and approves an increase of the contract rent equal to the maximum “general adjustment” allowed under the Santa Monica Rent Control Charter Amendment (“SMRCCA”). Though not explicitly stated in the Administrative Plan, we understand from experience that the SMHA automatically initiates and approves these increases even when landlords do not request or provide any notice of rent increase to their tenants or the SMHA. This policy is inconsistent with Section 8 regulations, portions of the SMHA Administrative Plan, state law, and Santa Monica Rent Control Board regulations.
Under Section 8 regulations and the Administrative Plan, a landlord and tenant must agree to new rent amount before the SMHA can determine whether the new rent amount is “reasonable,” and if so, approve the rent. See 24 CFR § 982.506 (“The owner and the family negotiate the rent to owner.”); 24 § 982.507 (rent reasonableness regulation); see also Admin. Plan § 8-III.B. The SMHA must help the owner and tenant negotiate a new rent only if the tenant requests this assistance. 24 CFR § 982.506. The Administrative Plan requires such annual “rent increase
12.A.h
Packet Pg. 2111 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) 2 requests shall be timed with a tenant’s annual re-examination.” Admin. Plan § 8-III.B (emphasis added). However, the current draft of the Administrative Plan does not explain how a landlord should go about making such a request.
In practice, many landlords and tenants in California do not formally re-negotiate the rent when an initial lease term expires because this is not required under state law. Instead, most landlords simply serve a notice of change in terms of tenancy to the tenant with a notice of the increased rent amount, and if the tenant chooses to stay and pay the new rent, this is construed as an agreement to the increased rent. See Civ. Code § 827(b), (c). Thus, in order to increase the rent for any tenant in California, a landlord must, at a minimum, serve a notice of change in terms of tenancy to the tenant at least 30-days in advance of the proposed rent increase. Id.
For tenancies subject to the SMRCCA, Santa Monica Rent Control Board Regulation 3035(c) reiterates that a landlord is prohibited from collecting a “general adjustment” (an annual rent increase) “unless the landlord has provided the affected tenant with written notice as required by California Civil Code Section 827.” The notice to rent controlled tenants must further include a certification signed by the landlord that the unit “is not subject to any uncorrected citation of notices of violation of any state or local housing, health, or safety laws issued by any government official or agency.” Id. Critically, “[i]f the landlord fails to comply with this subsection, the tenant may refuse to pay the improperly-noticed rent increase, and may raise the landlord’s noncompliance as an affirmative defense in any resulting unlawful detainer action.” Id.
Current SMHA practice effectively nullifies these requirements of federal, state, and local law.
Specifically, the SMHA automatically increases the contract rent to the owner at the tenant’s annual recertification, without the landlord making a “request” for such rent increase as required by Administrative Plan § 8-III.B, and without the landlord and tenant ever having “negotiated” this rent increase as required by 24 CFR § 982.506. Under state law, the “negotiation” between landlord and tenant must, at a minimum, involve the landlord serving a 30-day notice of change in terms of tenancy stating the new rent amount. Civ. Code § 827(b). And under Santa Monica Rent Control Board Regulation 3035(c), the notice of change in terms in tenancy must additionally include a certification, signed by the landlord, that the unit is not subject to any violations of housing, health, or safety laws. Under SMHA practice, the landlord gets the rent increase even when they never served any notice at all.
Indeed, in dozens of cases, our clients have received HAP Contract Amendment Notices from the SMHA after their annual recertification which state that the contract rent for the unit is being increased, but the tenant was never served with any notice of rent increase from their landlord.
The HAP Contract Amendment Notices themselves do not satisfy the requirements of Civil Code § 827 because that law requires that the landlord give the written notice of rent increase. Civ.
Code § 827(b). The HAP Contract Amendment Notices also do not comply with Rent Control Regulation 3035(c) because they do not include the required certification from the landlord.
The law is clear that tenants are not obligated to pay any rent increase for which they have not received a proper, compliant notice from the landlord. However, tenants are placed in a very difficult position when they receive a HAP Contract Amendment Notice from the SMHA which purports to notify them of a rent increase but is not a valid notice under state or local law. If they
12.A.h
Packet Pg. 2112 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) 3 refuse to pay the rent increase the landlord is expecting, they subject themselves to an unlawful detainer case and, very possibly, loss of housing and their voucher. Most, if not all, will feel forced to pay the unlawful rent increase to avoid this risk, even if this means foregoing paying for other basic necessities.
In some cases, the increase in the contract rent will not directly or immediately impact the tenant because the contract rent will still be below the payment standard for the tenant’s voucher.
However, more and more often, as rents rise and the payment standards remain stagnant, we are seeing tenants whose contract rents do exceed their payment standards. These tenants must pay 30% of their income toward the rent, plus every dollar of rent that exceeds the payment standard.
In just a few years, this can result in a tenant paying well over 40% or 50% of their income toward rent and becoming severely rent burdened, a problem the voucher program was created, in part, to prevent. In many of these cases, the contract rents might have stayed below the payment standard, or at least not exceeded the payment standard by such a large degree, if the SMHA had not annually increased the contract rent on its own initiative.
In summary, because it has been SMHA practice to automatically increase the contract rent for a while, shifting from this practice may be confusing for both landlords and tenants. We believe these impacts can be mitigated with a few different strategies.
First, we also suggest that the SMHA provide ample written notice to both landlords and tenants that the SMHA will not increase contract rents at tenants’ annual certification unless a landlord affirmatively requests a rent increase.
Second, we recommend that the SMHA develop a form for landlords to serve to tenants which informs the tenants: (a) of the requested new contract rent; (b) that this new amount is a request which the SMHA still has to approve or deny; (c) that the tenant will not be responsible for the entire amount of the requested new rent; and (d) that the SMHA will notify the tenant of her share of rent at least 30 days prior to any increase taking effect. We are concerned that if a landlord simply serves a notice to a tenant of the requested new contract rent with no further explanation, the tenant will be alarmed and think she is responsible for the entire amount. The SMHA may also want to include the certification language required by Rent Control Regulation 3035(c) on this form.
Third, we recommend that the SMHA require that landlords provide tenants and the SMHA the above written notice at least 60 days before the tenant’s annual recertification or lease renewal would take place. This is so the SMHA will have enough time to perform the rent reasonableness analysis on the new proposed rent, and to notify the landlord and tenant of the tenant’s share of the new rent well in advance of the rent increase.
Fourth, we recommend that the SMHA describe these changes to policy and practice clearly in the Administrative Plan, Section 8-III.B.
We understand that re-aligning this SMHA practice with the Section 8 regulations, Administrative Plan, and state and local law will take some work. We nevertheless believe this
12.A.h
Packet Pg. 2113 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) 4 change is necessary, and remain available to assist SMHA participants in understanding and navigating these changes.
Thank you for your time and consideration of these comments. Please feel free to contact me at [email protected] if you have any questions.
Sincerely,
Romy C. Ganschow
Attorney
12.A.h
Packet Pg. 2114 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) RAB Recommendations for SMHA 2023-24 Administrative and Annual Plans Submitted electronically on March 20, 2023 by Theresa Marasco on behalf of Courtney Lauretano, RAB representative unanimously elected by RAB members at a March 19, 2023 meeting, on behalf of the following SMHA clients:
Courtney Lauretano
Hajar Muqtasid St Claire
Stephanie S.
Danielle Charney
Sheila Finley
Olga Zurawska
Theresa Marasco
Michelle Gray
Anonymous
1. SMHA Board refuse to approve the Administrative and Annual Plans unless and until all RAB members can meet, review discretionary documents sections, discuss, and submit collective feedback to SMHA.
2. SMHA immediately schedule the six-month-overdue meeting of the RAB/CAB that was ordered to be scheduled “with haste” by a unanimous City Council/SMHA Board vote on September 13, 2022, with parameters and support as outlined in the Housing Commission CAB recommendations presented on the same date.
3. That the SMHA adopt the recommendations of the Housing Commission regarding the RAB/CAB that were presented and submitted to the Santa Monica Housing Authority Board on September 13, 2022, by Housing Commission Chair Michelle Gray.
4. The SMHA supports the annual election of two RAB/CAB representatives to the SMHA Board by the members of the RAB/CAB.
5. SMHA must immediately convert the payment standard basis to Small Area FMR and raise payment standards according to the recent Housing Commission recommendations to City Council/SMHA Board.
6. The SMHA revive the Family Self Sufficiency Program (FSS), and seek out other Self Sufficiency Programs available through HUD, such as the “Move to Work” (MTW) demonstration program, and other federal and state programs, that lead to pathways to self-sufficiency and greater economic equality. That the SMHA actively seeks and
12.A.h
Packet Pg. 2115 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) applies for the Notice of Funding Applications to ensure that the self-sufficiency programs are provided maximum financial support. That information about the self-sufficiency programs be widely disseminated on a regular basis to program participants, encouraging program participants to participate in the various programs such as the FSS, MTW, and Earned Income Disallowance (EID) program, providing clear information about eligibility and how to access the programs. The information about the self-sufficiency programs should be posted on the SMHA website, on the walls at the SMHA office, flyers made for clients to take Note that SMHA ended the FSS program in 2019 stating that there were not enough program participants interested in the program because most of the Housing Authority program participants were either “disabled or elderly”, thereby discriminating against elderly and disabled program participants. Furthermore, there have been more HCV clients added to the program since 2019, so there are a greater number of program participants now than there were in 2019, and ALL eligible program participants could benefit from the FSS program. Finally, the SMHA never advertised the FSS program so the majority of the clients/program participants never even knew the program existed or how to utilize the program to accrue escrow funds.
7. Santa Monica Housing Authority (SMHA) create and actively seek funding to support the Housing Choice Voucher (HCV) homeownership program which is supported by HUD to create a pathway for HCV clients to purchase a home and utilize vouchers to make monthly mortgage payments. Note that any homeownership program created for SMHA HCV participants can be used to purchase homes outside of the City of Santa Monica.
8. SMHA administratively facilitate yearly or biannual surveys created and conducted by the RAB/CAB by a) both emailing and mailing surveys and instructions to all SMHA clients in English and Spanish with instructions to request translations into other languages written in all known client languages, and b) for the results of the surveys to be compiled and provided to the RAB/CAB for further use.
9. The SMHA offer or partner with other agencies to offer financial literacy programs to all SMHA clients.
10. The SMHA allow HCV clients to cohabitate using their vouchers such as renting a room in a house or having roommates who are or are not HCV clients to share living space. Note that the City of Los Angeles and other jurisdictions permit this.
12.A.h
Packet Pg. 2116 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
11. The SMHA create and fill the invaluable position of Landlord Liasion/Housing Navigator, successfully utilized in jurisdictions nationwide, to help advocate for clients with prospective and current landlords and help prospective and current landlords navigate SMHA bureaucracy in a smooth and timely fashion. This position is necessary to facilitate voucher utilization and prevent source of income discrimination that while illegal, is rampant in Santa Monica.
12. Create or advocate for a public relations campaign to destigmatize SMHA clients and housing voucher holders as a whole and raise awareness of the benefits of HUD programs to tenants, landlords, and larger communities.
13. Ensure the Annual and Administrative Plans include language that states program participants are to be treated with respect and dignity by staff and landlords at all times and details recourse for clients when that policy is violated.
14. Offer or partner with other agencies to offer supportive services to all SMHA program participants who need them.
15. The SMHA seek the participation and input of the RAB/CAB when hiring a new Landlord Liasion/Housing Navigator, dedicated ADA/Section 504 Coordinator/Disability Liaison, and Veteran Liaison.
16. SMHA work with the city of Santa Monica to ensure Housing Commission meetings are live streamed and made subsequently available on YouTube, with hybrid participation, as SMHA explicitly relies on Housing Commission meetings to offer opportunities for clients to provide SMHA related feedback.
17. SMHA needs to designate or hire a Veteran Liaison to assist clients who have served in the military.
18. SMHA must create and fill a dedicated position of ADA/Section 504 Coordinator as strongly recommended by the 2020 Assessment of Fair Housing report with the City of Santa Monica Housing and Economic Development Department and the Lawyers’ Committee for Civil Rights Under Law and published on April 1, 2020 and approved by City Council on April 28, 2020
(https://www.santamonica.gov/housing-policy-and-reports).
19. SMHA must overhaul and create transparent, measurable, and regularly tested parameters for Below Market Housing list notices and SMHA digital and physical correspondence with clients to ensure all clients receive equal BMH opportunities and
12.A.h
Packet Pg. 2117 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) all SMHA communications. Note there are current complaints of unequal BMH listing notices to seniors and regular and ongoing omission of numerous clients from important SMHA correspondence.
20. SMHA ensure or partner with other agencies that are in no way financially affiliated with the City of Santa Monica to ensure program participants have automatic access to legal representation if they are facing eviction actions or Ellis Act eviction. Program participants have unfettered access to legal representation and resources for housing concerns with access to mediation to resolve landlord/tenant disputes. The new tenant protection laws automatically provide legal representation for tenants facing eviction but are only available to rent-controlled tenants. The City needs to create legal access for SMHA program participants outside LAFLA, the Santa Monica branch of which is funded by the City of Santa Monica, whose infrastructure SMHA is inextricable from.
21. SMHA arrange for and publicize the name and contact information of a representative from Public and Indian Housing to provide technical support to the RAB/CAB.
22. SMHA add to the Administrative Plan and website a flow chart with names, titles, contact information, and salary funding source (federal or city) of every single SMHA employee and manager, including city employees charged with SMHA interaction and/or oversight. This must include each employee’s direct report and names and contact information for recourse when clients encounter problems with SMHA at any level.
23. SMHA must furnish every client with the complete data and calculations used to determine their share of rent at every re/evaluation. This must include the HUD form used to calculate these rent shares.
24. SMHA must educate clients about the existence, role, and details of medical deductions in determining income and subsequently share of rent, including specific information about what counts as medical deductions and information on how and when to submit deductions. SMHA must also furnish all clients who submit medical deductions with itemized results of those claims including approval or denial and the reason for any denial.
25. SMHA must address ongoing habitability issues that program participants face, including mold, cockroaches, and bed bugs. SMHA must ensure SMHA inspectors have sufficient resources to properly address habitability issues with landlords who violate such requirements, including issuing warning letters to landlords and facilitating abatements of rent when landlords fail to cure violations within a specified time frame.
12.A.h
Packet Pg. 2118 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) SMHA must ensure clients are knowledgeable about habitability information from sources including California Health and Safety Code and Code Enforcement, by widely disseminating this information in the SMHA office, orientation packets, yearly recertification packets, on the SMHA website, and posted on the information boards at City Hall and/or in the SMHA office with copies available for program participants to take.
26. SMHA must overhaul voucher waitlists to create transparency for applicants, including access to information about their position in the selection process and notification when they are approved for any voucher program.
27. SMHA must stop penalizing clients for theoretical back rent when Housing Specialists are behind in processing recertifications or income changes, resulting in delays of landlord notifications to tenants of rent changes, which must precede actual rent changes by at least 30 days. Note that under California law, such notices must come from landlords; SMHA notices of rent changes do not constitute legal notification by landlords.
12.A.h
Packet Pg. 2119 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) Theresa Marasco, SMHA RAB Member
[email protected]
March 20, 2023
Santa Monica Housing Authority
Patrick Komesu, Sr. Administrative Analyst-Housing Authority City of Santa Monica
Housing Office
1685 Main St., Mail Stop #19
Santa Monica, CA 90401
Sent via email to: [email protected]; [email protected] Dear Patrick Komesu and Santa Monica Housing Authority Staff:
The following are my public comments and recommendations for discretionary changes to be made to the 2023-24 SMHA Annual and Administrative Plans:
1. That the Santa Monica Housing Authority Board does not approve the Annual and Administrative Plans until the first RAB/CAB meeting is held as directed by the Santa Monica Housing Authority Board on September 13, 2022.
2. SMHA immediately schedule the six-month-overdue meeting of the RAB/CAB that was ordered to be scheduled “with haste” by a unanimous City Council/SMHA Board vote on September 13, 2022, with parameters and support as outlined in the Housing Commission CAB recommendations presented on the same date.
3. That the SMHA adopt the recommendations of the Housing Commission regarding the RAB/CAB that were presented and submitted to the Santa Monica Housing Authority Board on September 13, 2022, by Housing Commission Chair Michelle Gray.
4. The SMHA supports the annual election of two RAB/CAB representatives to the SMHA Board by the members of the RAB/CAB.
5. SMHA must immediately convert the payment standard basis to Small Area FMR and raise payment standards according to the recent Housing Commission recommendations to City Council/SMHA Board.
6. The Santa Monica Housing Authority (SMHA) create a Homeownership Program for all eligible voucher programs and seek all funding sources to support the program.
12.A.h
Packet Pg. 2120 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
7. Revitalize and seek funding for the family Self-Sufficiency Program, as well as other self-sufficiency programs, and amend the annual plan to reflect this. Any and all information for self-sufficiency or other programs should be made available in the office, via flyers, and emailed/mailed to participants, and widely disseminated through orientation and recertification packets as well as posted on the SMHA website.
8. That the SMHA Apply for the Moving to Work (MTW) demonstration, which would grant the housing authority more flexibility in the execution of its programs and funding.
9. Hire an ADA coordinator for the SMHA per the recommendations stated in the Fair Assessment of Fair Housing completed in April 2020.
10. Add the informal review officer to the administrative plan and include their contact information. Add the informal review process/rules to the website and the ability to obtain a form and or submit a form to request an informal review. Also, add the information for a state hearing process.
11. Adopt a tenant/owner portal that accommodates the needs and disabilities of voucher participants. The portal should be user-friendly and allow tenants/owners to submit all documents electronically and time stamp them with a confirmation email after submission. The portal should also serve as a way to communicate with Housing Specialists and be capable of preserving client emails for up to 10 years.
12. Rent increases should only be initiated by the landlord and policy should reflect it.
13. Due to a total lack of transparency in AFF/Subsidized housing; etc. (preferential treatment who gets housing.) The SMHA needs to make available a comprehensive list of all shelters, project based housing, deed-restricted/tax credit, and/or affordable housing units in the city. The City and County of San Diego publish such a list for public access. Santa Monica can easily publish a list like San Diego (see link to San Diego Housing List: https://www.sdhc.org/housing-opportunities/affordable-rentals/).
12.A.h
Packet Pg. 2121 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHGIJKLMNOPGIJKQRSGT UVWXBWDYFZ[FHZI\]^F_`aI`\b]cdcMNeffeLLgh iBDgIj`JRklSGFHaEgIj`JRkQlSGFHaOHI[jIGS[JRIQPSmT
nnDop`JHjJ[FgI``IEop`JHjJ[FQgI``IOHI[jIGS[JRIQPSmTqgpJKr`SRkEgpJKQr`SRkOHI[jIGS[JRIQPSmTqsHRI`ZFKI tS``FEsHRI`QZFKItS``FOHI[jIGS[JRIQPSmT
UuvwVxXDyFezI[jIhS[JRI{SaHJ[P|ajpS`Jj\|[[aIKgKI[g`SRFHHcdcM}cf |HIy|rGFG_F`]~IGPaI`I[jFFZ_\FZF`IK{SKJR\IZGJ[JHj`IjJmFHaS`j_\jpFzh{|jSGFFjJjpG\FKKSy|rGFG_F`HjSZJHRaHHy|r _aHJ[FHHQ~jJH[SjHaJRJF[jjSRIKKIKKRKJF[jHy|rGFG_F`H_ajS[K\IKKSZJ`FRjJ[ZJmJZaIKFFZ_IRkjSHjIS[jpF|ZGJ[JHj`IjJmFgKI[Qzh{|GaHjHFjI ZFRIZFHSmF`ZaFy|rGFFjJ[PS`y|rGFG_F`HS[K\|z|gQoJj\oSa[RJKmSjFZjSZJ`FRjHjIjSZSaHjjpIjS`y|r I[ZSaKZ}_Fo|rGFG_F`HJjp
pIHjFKIHj\FI`I[ZJjpIH\FjjS_FZS[FQzh{|RKJF[jHI`F_FJ[PZF[JFZI`jJRJIjJS[J[Ia[RjJS[J[Py|rS`\FjI[SjpF`|ZGJ[JHj`IjJmFgKI[R\RKFJ[ mJSKIjJS[SFZF`IKSKJR\Q|PIJ[Q
zJ[RF`FK\]
hJRpFKKF`I\
s[^F_cdcM]IjeLfgh]gIj`JRklSGFHaEgIj`JRkQlSGFHaOHI[jIGS[JRIQPSmT`SjFe
¡¢£¤¥
¦§¨©¤¥¥ª¨¤«¬£¡ª®¬£¡¯ ¡§ª¢® ¡¢¯°¡ ¡¢¤¥ª§«¤±¨¤ª¬£¡¨®¯ ¨¥¨ª±²¬³° ´µ¶·¸¹º»¼½
¾§ªª¥¬£¡¿¤¡¨¨«À¤§¨®À¯¥²Á« ±²¨Á¬£¡Â樥²²Ä¨ªÅÆÅưǬ£¡¨¡§ ¨¨¨¥¨¥§¬£¡°ÈȦÅÆÅÉÃÅÊ¥¨ª§¨«« ˳ÌÍÎÏÐÑÒÓÔÑÕÖÓ×ØÙÐÔÚÙÒÛÜÝÞÜÎÏ롧¨¿«¨¨§°Çß¾àȨª¬¨«Ã ¬áª¡¨®È˳«¡§¨¯¤«©Ã¨²¨§¤ª À¥§¨ª²À¨¥¨§¨¤¨«§²° ¡«¡¨¨¤¥ ¡¢¨§²§¡¨¨¥¡§¨¥ª ¨ª°
Ç¡¨¨¥¡§¨¥ª«¡§¨¥²È¨ª¬¨«Ã¬áª¡¨¥ §§¨¤¨§²¨â°§ãò°Ç¿¤¨«§²¨¥ ¨¨§ÉËÆÃʳóäÊÉ°
åºæçºè鹺êë½ìè¼í»îï
𫪲¨¨±§È¦ÅÆÅÉÃÅÊ¡¨¨¥¡§¨¥ãȨª¬¨«Ã¬áª®È¬¬¯¡¨¥¨§²ñ ²¤¨¤§°¨¨¨§®¯¤®¯ª®¯§ª¤ª £ÅÆ¥ÅÆÅÉ°
¨¨ª²©âò°§¨â ª«¬£
Ëó³Â£¬°¥£¨¬ôËõ
¬£¥¡õÆÊÆË
¡¨¨ª¥²¨¨¤¨§¡¨¨¥¡§¨¥È¬¬¡ ¨¥£Å¥ÅÆÅÉ¥óâÆÆ°°¦««â°§Ã¬£öáÃ
Ǫ¨ã¡ª¢«ª«¬£²¨¨«¡¨¨¡§¨ ¡¨ËË¥ÅÆÅÉ¥ÂâÉÆ°°¦««ª¨â§°ãã¨ã°
Ǫ¨ã¡ª¢¨¨²§¥²°
!
÷ ø ù ú 9 ù
12.A.h
Packet Pg. 2122 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHGIJKLMNOPGIJKQRSGT UVWXBWDYZ[\H]I^_`I\RZa_abaMcdbedMbf` gBDfIh\JRijSGFH[EfIh\JRiQjSGFH[OHIkhIGSkJRIQPSlTmfZJKn\SRiEfZJKQn\SRiOHIkhIGSkJRIQPSlTmoZ\JHhJkF fI\\IEoZ\JHhJkFQfI\\IOHIkhIGSkJRIQPSlTmpIlJ]qZJhFEpIlJ]QqZJhFOHIkhIGSkJRIQPSlT rrDYZF\FHI`I\IHRSEhZF\FHIQGI\IHRSOPGIJKQRSGT UstuVvXDwFdxIkhI`SkJRIyS[HJkPz[hZS\Jh^z]GJkJHh\IhJlFfKIkqS\iHZS{ |I{{\FRJIhFhZFF}}S\h_I}hF\GS\FhZIkab^FI\H_hSF][RIhFRKJFkhHI~S[hhZFx`yzz]GJkJHh\IhJlFfKIkIk]GSlFhSI\][{ZSK]JkPyp{SKJR^Ik]RKJFkhH \JPZhHQ
ySFlF\_hZJHKIHhGJk[hFS\iHZS{]SFHkSh}[K}JKKx`yzHS~KJPIhJSkhSJk}S\GRKJFkhHI~S[hhZFz]GJkJHh\IhJlFfKIkIk]{\SlJ]FIkS{{S\h[kJh^}S\[HhShS RSk}F\IHIwznIk]H[~GJh}FF]~IRiIHIwznQqF\F\FRFJlJkPKFHHhZIkhSFFiHkShJRF}S\GIJK\FRJ{JFkhHJhJKK~FRKSHF\hSIFFi_JhHHRZF][KF]}S\
CBWBA_Ik]hZF\FHkSS{{S\h[kJh^}S\hZFwznhSRSk}F\~F}S\F{\SlJ]JkPJk{[hQ fKFIHF\FFlIK[IhFhZJHKIHhGJk[hF_JkI]F[IhFK^kShJRF]FlFkhhZIhJHJkIRRFHHJ~KFhSGIk^RKJFkhH_G^HFK}JkRK[]F]_PJlFkhZFGJ]]I^FFi]I^HRZF][KJkPQ [\hZF\GS\F_{KFIHF]FKI^\F[FHhJkP{\SlJ]JkPx`yznSI\]I{{\SlIKS}Ik^z]GJkJHh\IhJlFfKIkRZIkPFH[khJKwznGFG~F\HI\FGFIkJkP}[KK^Jk}S\GF]I~S[h hZF]SR[GFkhIk]hZFJ\\JPZhH_{\SlJ]F]IPFk[JkFIk]IRRFHHJ~KFS{{S\h[kJh^hSGFFhIHIwznIk]]JHR[HHhZFz]GJkJHh\IhJlFfKIk_Ik]PJlFkI]F[IhFhJGFIk] GFIkHhS{\SlJ]F}FF]~IRiIHIwznQ
YZIki^S[_
`JRZFKKF\I^
ka`I\abaM_IhcdLez`_fIh\JRijSGFH[EfIh\JRiQjSGFH[OHIkhIGSkJRIQPSlT\ShFd
¡¢£¤ ¥¥¦
§¨©ª«¬®¯°¬±°¨°²¬³ª®°ª´¨®µª¶¨©·®¸¹©°²¨«°º»·¼³´¶¹½¹±¾®·°«ª¿¯¬ÀÁª®Â¨«Ã·²¨ÄÅ ÆÇÈÉÊËÌÍÎÇËÏÐÑÒÓÈÔÔÕËÇÖÉ×ØÙÌØÒÚÛÈØÈÉÎÍÌ×ÜËÝÔÌØÓÖÍÞÉÇÖßàÆÇËÏÐÑÒÒÚÛÈØÈÉÎÍÌ×ÜËÝÔÌØËÉÎÌÕÔÈÉÇËÉÛÌØÚÌÎÖÍÊáËÚËÍÌÔßÖÔÈâÊÌØÚÔÖâÌÔÚÈÉâÍË×ÖØÌÍÊ ßÖÔÈâÊÍËÙÌÍÚÈØÙÎÇËÌÚÛÈØÈÉÎÍÌ×ÖØÖáÎÇËÑÖãÉÈØÙäÇÖÈâËåÖãâÇËÍßÍÖÙÍÌÛæâÖÛÛÖØÔÊÞØÖÓØÌÉÏËâ×ÖØçèÌØÚÖÎÇËÍÜÖãâÇËÍßÍÖÙÍÌÛÉàÆÇËÓÖÍÞÉÇÖßÓÈÔÔ áÖâãÉÖØßÍÖÜÈÚÈØÙÈØÉÎÍãâ×ÖØÌÕÖãÎÞËÊÌÍËÌÉÖáßÖÔÈâÊÈØÎÇËÒÚÛÈØÈÉÎÍÌ×ÜËÝÔÌØÓÇÈâÇÎÇËÏÐÑÒÇÌÉÎÇËÚÈÉâÍË×ÖØÎÖâÇÌØÙËÚãÍÈØÙÎÇËÌØØãÌÔÍËÜÈËÓ ßÍÖâËÉÉéÌÉÓËÔÔÌÉÎÇËáËÚËÍÌÔÔÊÛÌØÚÌÎËÚÍËÙãÔÌ×ÖØÉÖãÎÉÈÚËÖáÎÇËÏÐÑÒêÉÚÈÉâÍË×ÖØàÒëËÍÎÇËÈØÉÎÍãâ×ÖØßËÍÈÖÚéßÍÖÙÍÌÛßÌÍ×âÈßÌØÎÉÓÈÔÔÇÌÜËÌØ ÖßßÖÍÎãØÈÎÊÎÖßÍÖÜÈÚËÈØßãÎÖØÎÇËÏÐÑÒêÉÒÚÛÈØÈÉÎÍÌ×ÜËÝÔÌØéÒØØãÌÔÝÔÌØéÌØÚìÖÍÎÇËíÌÛÈÔÊÏËÔáîÏãïâÈËØâÊæíÏÏèÒâ×ÖØÝÔÌØàÒÔÔÚÖâãÛËØÎÉâÌØÕËáÖãØÚÌÎ ðñ¤ò óôà
¹±¾®·°«ª¿¯¬ÀÁª®õ¨«Ã·²¨Äö¾¬ª®±ÀÁªµ¬
§¨©ª«¬®¯°¬±°¨ª÷¨¨¾Â¬ø®ª«Å
õ²¬®ù´ª«úúùÀ´Àªµµö¾¬¼³ª®±ª®ª±ª½
ö¨Äµù¹±¾®·°«ª¿¯¬ÀÁª®õ¨«Ã·²¨Ä
ÀÁ¬ª·¬µÁµÃ°²¬Á®Ãø¬Á¨Â°¨¨®°²¬Â¬ø®ª«ù
² Ä·ù
©·
¬øÅ
¨¨¾Å©·
ıª¶³ú¬¾Âöóö±
³Ã´Âö
Àª··µ¨±¬ù¨«Ã·²¨Ä
«®¬°ªÄ¾¨øÁ¬ù
³ùú
ú
¨«ú
úú
ú
«ö¬Á¬Ä²¨®¬ù
ªÁ¼
¨«²¸²¬« ©ªÁ°º±ªÁª®©¾ø¬«øª·¬±¨®º¨©«µ©««¬®°Á¨µª¿¨®½ù ³ùú
¨«ú
úú¨«úú
¨«ú
¨«úú
¨«ú
¨«ú
ú
¨«ú
ú¨«ú
¨«úúú
¨«úú
¨«ú¨«úú
¨«ú
¨«ú
¨«ú
¨«ú
ú
õ¬ø®ª«ù
Àª··µ¨±¬ù
ú
!
! " # $%&9 ' " (
12.A.h
Packet Pg. 2123 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHIJKLMNOKPQHRSEFGHIJKLMTNOKPQHRUJOLVOFHLKWOTMHXY Z[\]B\D^I_J`OabNOcWdebfgfhigjkhjlkmN
nBDmOVcKWopHF_JISmOVcKWoTpHF_JIUJOLVOFHLKWOTMHXY
Zqrs[t]DuvjGHIJKLMw`FKLKJVcOVKX_mPOL
xyz{|}~~~
~~ |~
¡¢£
¤z|¥¦¥¦§ ¨©ª«|¥¬
§~£
®
¡
¯~§~°~
~~¥£±~²~~~³~´£~§~~~³~~´~°~~ ~~µ~~~³¥¶}¯
~°~~~~¦~~~§~ ~~~
~³~~·~
~
¬~~
³
§¸~~¶}¯§~¹
º°~
~³°~°~~~~°~
§~~~³~~
º
~
~~}§~§~~°~° °~³§~~~»º~
~~~~³~~
º
¥~~¼~¡
~~
½~
~°~½~
~~~~
~§~³§~
~~~~¦~~~³~~
~³~°~~¾~§~°~¿ ¥~~§~~³§~~¼~
¬~~
³~
~~~~³À~~
³~°º~
»~~~§~º~~~~~~º §~
Á~Â~
}~~~
§~
~
!
Ã Ä Å ÆÇÆ9 È Å É
12.A.h
Packet Pg. 2124 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHIJFKLMKNGFGHIOGFGHIHHFKLMKPHQRS TUVWBVDXQGYFIZXFKH[\]Z^_^]`abca]deX fBDeFLKgHhiQRMjkNeFLKgHhPiQRMjkOjFGLFRQGgHFPlQmS
TnopUqWDrstXMMLgGl
uMFKXKPiQRMjkZ
vMwHQRMLQxFGLFXQGgHFyzFRQGL[MHFwwLQYFI{kLkGF{wMLQHQRRMGLYkMLQLMH[GgHFwYg||gHkwLIP}Q~MmMKZz~QkwYwghMLQF||gKRL[MKMkMjLjQ|jMmMKFw FKLgHgFGLj~[Q[FmMKMkMjLMYFlMGMKFwRMMLgGlKgQKLQFKQmFwQ|L[M}uwFGP XIjkllMjLgQGgjFRMMLgGl|FHgwgLFLMY{IFKQ|MjjgQGFwMlPuKPiFKMGkGG~[Q[FjMLMGjgmMMMKLgjMgG~QKhgGl~gL[HwgMGLlKQkjPxgGHML[MwFGgjjQwFKlM FGQL[MKjkllMjLgQG~QkwY{M{KMFhQkLlKQkjL[FLHQkwYjIGL[MjgML[MRFLMKgFwFGYKMjMGL|MMY{FHhLQL[MlKQkP
[FGhIQk|QKIQkKFLLMGLgQGP
EFGHIJFKLMK
]\_b_`]]^
exasLL[MjkllMjLgQGQ|eFLKgHhKMlQKgFGz~gww{MKMFH[gGlQkLLQIQkQGFjMFKFLMRFLLMKP
!
:9
12.A.h
Packet Pg. 2125 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) General Comment:
Hi Patrick,
Donna Brown is not a rep.
She has never once participated in any SMHAB meeting. It is I fair towards HCV voucher holders to pretend that Donna is a rep.
Neither Donna nor Elizabeth respond to emails sent to their city addresses.
Therefore they are not really reps.
Elizabeth has stated on the dais that she has no idea what she is supposed to do as a rep.
Neither Elizabeth nor Donna have been appointed with any input from the program participants.
It’s all a charade.
Additionally, CoC voucher holders do not have ANY representation on the legislative body which is SMHAB, which is in violation of the federal law. The City never has made an effort to appoint a CoC representative to the SMHAB but instead, inexplicably, asked HUD for a waiver of the requirement.
As a CoC voucher holder I have been deprived of the representation I’m supposed to have on SMHAB.
Please rectify this ASAP!
Thank you.
Olga
12.A.h
Packet Pg. 2126 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) From: OZ
To: David White; SmHousing Mailbox; Patrick Komesu
Cc: Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Paolo Velasco Subject: OBJECT to consideration and approval of Admin Plan by SMHA Board in its current composition (public input to SMHA Admin Plan)
Date: Monday, March 20, 2023 11:55:33 PM
EXTERNAL
-->There is currently no Resident Advisory Board in Santa Monica, therefore there has not been a RAB process as required by federal law for the Admin Plan to be approved by SMHA Board. Additionally, there is no unhoused or formerly unhoused tenant representative on SMHAB as is required by federal law. The current composition of SMHAB is unlawful, therefore the Board has no authority to discuss or approve the Admin Plan.<--
To date SMHA Board has not established the mandatory Resident Advisory Board or specified the form of the RAB, nor has it directed the Executive Director of SMHA to establish a RAB on behalf of SMHAB or to determine the form of the Santa Monica RAB as he wishes.
There has been no public process pertaining to the establishment of a RAB in any particular form, not has there been any public process pertaining to the establishment of any seats for SMHA program participants on SMHAB, or the process of electing or appointing to such seats.
The City Attorney for the City of Santa Monica, who reportedly also represents and advises the SMHAB, has not been involved in the establishment of a RAB or in the establishment of a process that would lead to the appointments of RAB reps to the SMHAB for any specific length or number of terms.
There is no mention of any RAB, or RAB representatives participating on SMAHAB in any ordinance, resolution, motion with direction for staff to establish a RAB in any particular form, and there is no mention in the SMHAB bylaws of the RAB or RAB reps to serve on SMHAB.
If there exists any SMHAB resolution or ordinance establishing a Santa Monica RAB, or if there exists any mention of a RAB or RAB reps in the SMHAB bylaws, please provide them to me prior to the discussion of the Admin Plan in April 2023 by SMHAB.
Claims by City of Santa Monica Housing Program Manager James Kemper that a RAB exists in Santa Monica because he established a RAB through his unilateral action (while having no direction from SMHAB, or authority to do so, and while
12.A.h
Packet Pg. 2127 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) bypassing the public process), are meritless, and very concerning.
As concerning are James Kemper's statements that he as a City of Santa Monica staffer took the liberty to decide how the RAB reps would be applying for the seats on SMHAB, how they would be appointed and by whom, for what length of terms, and what the term limits there were for them, if any. It is with good reason.
There is no other seat within the City, whether appointed or elected, that is established by a City staffer who also unilaterally decides on the application and appointment or election process for that seat, and who unilaterally decides on the length of the term of service or the term limits for that seat, if any.
The fact that both the SMHAB and the public (including the voucher holders), were excluded from Mr. Kemper's unilateral decisions are extremely concerning in that they appear to arise from patriarchal, undemocratic attitudes towards voucher holders as contrasted with other Santa Monica residents. There is no place for such attitudes in a progressive city like Santa Monica.
James Kemper has been instrumental in preventing the voucher holders from being able to meet and deliberate regarding their input to the Administrative Plan. James Kemper claims that the fact that (according to him) each voucher holder received a notice of the opportunity to individually submit comments to SMHA regarding the Administrative Plan is equivalent to the voucher holders being able to meet and collectively deliberate and come up with input. This is an idea as absurd as one where Council Members do not need to meet but rather they can individually, without any deliberation or even contact with one another, submit their individual thoughts to the City Hall where staffers can post those individual opinions for the public to read in lieu of the the Council holding public meetings and deliberating together… Why does the Santa Monica City Council meet instead of its members individually submitting their individual thoughts on agenda items to the City Hall? Why does the SMHA Board meet? Why does the School Board meet? Why do nonprofit boards meet? Why does any city board, commission, task force or committee meet? Why does the State Assembly meet? Why does the US Congress meet? Why are there HOA board meetings? Why are there neighborhood group board meetings?...
If there is no RAB in Santa Monica, and the RAB is prevented from holding meetings, then it is not possible to have the Admin Plan go through the federally mandated RAB process.
If there is no RAB then there also cannot be RAB representatives on the SMHAB who could discuss and vote on the proposed amendments to the Admin Plan with the rest
12.A.h
Packet Pg. 2128 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) of the SMHA governing body.
Per the federal regulations, the governing body of the PHA (here it is the SMHA Board) "must" include at least one RAB representative. Therefore the SMHAB in its current composition is not a legitimate governing body of SMHA for the purpose of discussing and approving the Administrative Plan.
It is quite shocking that the city of Santa Monica has managed to evade the federal regulations pertaining to the RAB and the requirements for RAB reps on the governing body for DECADES, and is continuing to try to disenfranchise voucher holders while posturing as a progressive, diverse and inclusive city.
Additionally, SMHAB is, and has been for decades in violation of the federal requirement to include at least one representative of the Continuum of Care program (a currently or formerly formerly unhoused participant in the CoC program). 24 CFR 578.75(g)(1).
(g) Participation of homeless individuals.
(1) Each recipient and subrecipient must provide for the participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policymaking entity of the recipient or subrecipient, to the extent that such entity considers and makes policies and decisions regarding any project, supportive services, or assistance provided under this part. This requirement is waived if a recipient or subrecipient is unable to meet such requirement and obtains HUD approval for a plan to otherwise consult with homeless or formerly homeless persons when considering and making policies and decisions.
James Kemper failed to make any attempt to survey CoC program participants and ask if they were willing to serve on SMHA Board. Instead, without engaging in any public process or receiving direction from SMHAB, James Kemper unilaterally made the decision to ask HUD behind everyone's back for a waiver of the requirement to have an unhoused or formerly unhoused individual participate on the policymaking body of SMHA, i.e. SMHA Board. This took place amid CoC program participants’ enquiries with James Kemper about the opportunity to serve on SMHAB or have a representative on SMHAB as is required by the federal law.
Inexplicably, James Kemper obtained a waiver from HUD even though the federal regulation states that it can only be applied for when a PHA is "unable" to fulfill this
12.A.h
Packet Pg. 2129 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) requirement. Here SMHA is perfectly able to fulfill this requirement, but it is unwilling to fulfill it. What is preventing SMHA from being able to fulfill the requirement? SMHA has never asked currently or formerly unhoused voucher holders if any of them were interested in serving on SMHAB. Instead, SMHA is fighting hard to prevent unhoused or formerly unhoused program participants from having a voice on the governing body of SMHA. Meanwhile, the SMHA Board is so undereducated that they are not even aware that there is a requirement that a CoC representative sits with them on the dais...
Despite eventually acknowledging that the RAB must have at least one rep on SMHAB, James Kemper still claims that in the case of CoC representatives, it is "better" for them not to participate on the policymaking body of SMHA (as is required by the federal regulation) but sit on the Housing Commission (merely an advisory body) instead...
Again, to be very clear: the Housing Commission is an advisory body, not the board of directors or policymaking body of SMHA. Serving on the Housing Commission is not comparable to serving on SMHA Board (governing body) just as being on an advisory city commission or board is not comparable to serving on the City Council (another governing body).
It appears that James Kemper is adamant about not allowing currently or formerly unhoused tenant representatives to have a vote on the policymaking body, but only on an advisory body instead... Such an attitude by James Kemper appears to be discriminatory specifically towards unhoused or formerly unhoused program participants and aimed at disenfranchising them. James Kemper does not have a problem seeing other program participants serve on the SMHAB, even though they also already have representation on the Housing Commission. James Kemper's apparent mission to disenfranchise unhoused or formerly unhoused program participants is unacceptable in a city that claims it values equity, diversity and inclusion, and particularly in a city that recently declared a state of emergency in regard to homelessness.
Does SMHAB condone such attitude and actions by James Kemper? Did SMHAB ever direct James Kemper to apply for a waiver that prevents unhoused or formerly unhoused program participants from having a voice on the policymaking body of SMHA???
Why is the progressive City of Santa Monica not willing to follow the federal law and have an unhoused or formerly unhoused SMHA program participant sit on the governing body of SMHA Board???
12.A.h
Packet Pg. 2130 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) The progressive City of Santa Monica claims to care about homelessness but goes to great lengths to take away the lawful right of unhoused or formerly unhoused tenants to have a voice on the SMHA Board, while it admits it wouldn't mind having other tenants represented on SMHAB???
This warrants an investigation by the City's Equity and Inclusion Manager, Paolo Velasco, and likely an HR complaint against Mr. Kemper and his loose approach to the law, and usurping the powers an authority that he does not posses as a City of Santa Monica staffer.
The SMHAB may not approve the Admin plan before:
1) it properly establishes a RAB or a Client Advisory Board (CAB) through a public process and a resolution or ordinance and an amendment to the SMHAB bylaws and, 2) it properly codifies through a public process the manner of selection, appointment and terms of service for the tenant representatives (HCV and CoC) that must participate on the SMHAB and,
3) a RAB or CAB has been able to meet to discuss and submit their input to the Administrative Plan and,
4) tenant representatives have been appointed or elected to SMHAB in accordance with the federal law and through a transparent public process.
Regards,
Olga Zurawska
-------------------
Pertinent regulations that I am aware of at this time:
24 CFR § 903.13 What is a Resident Advisory Board and what is its role in development of the Annual Plan?
(a) A Resident Advisory Board refers to a board or boards, as provided in paragraph (b) of this section, whose membership consists of individuals who adequately reflect and represent the residents assisted by the PHA.
(1) The role of the Resident Advisory Board (or Resident Advisory Boards) is to assist and make recommendations regarding the development of the PHA plan, and any significant amendment or modification to the PHA plan.
(2) The PHA shall allocate reasonable resources to assure the effective functioning of Resident Advisory Boards. Reasonable resources for the Resident Advisory Boards must provide reasonable means for them to become informed on programs covered by the PHA
12.A.h
Packet Pg. 2131 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) Plan, to communicate in writing and by telephone with assisted families and hold meetings with those families, and to access information regarding covered programs on the internet, taking into account the size and resources of the PHA. (b) Each PHA must establish one or more Resident Advisory Boards, as provided in paragraph (b) of this section.
(1) If a jurisdiction-wide resident council exists that complies with the tenant participation regulations in part 964 of this title, the PHA shall appoint the jurisdiction-wide resident council or the council's representatives as the Resident Advisory Board. If the PHA makes such appointment, the members of the jurisdiction-wide resident council or the council's representatives shall be added or another Resident Advisory Board formed to provide for reasonable representation of families receiving tenant-based assistance where such representation is required under paragraph (b)(2) of this section. (2) If a jurisdiction-wide resident council does not exist but resident councils exist that comply with the tenant participation regulations, the PHA shall appoint such resident councils or their representatives to serve on one or more Resident Advisory Boards. If the PHA makes such appointment, the PHA may require that the resident councils choose a limited number of representatives.
(3) Where the PHA has a tenant-based assistance program of significant size (where tenant-based assistance is 20% or more of assisted households), the PHA shall assure that the Resident Advisory Board (or Boards) has reasonable representation of families receiving tenant-based assistance and that a reasonable process is undertaken to choose this representation.
(4) Where or to the extent that resident councils that comply with the tenant participation regulations do not exist, the PHA shall appoint Resident Advisory Boards or Board members as needed to adequately reflect and represent the interests of residents of such developments; provided that the PHA shall provide reasonable notice to such residents and urge that they form resident councils with the tenant participation regulations. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Annual Plan, and any significant amendment or modification to the Annual Plan, as provided in § 903.21 of this title. (1) In submitting the final plan to HUD for approval, or any significant amendment or modification to the plan to HUD for approval, the PHA must include a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the PHA addressed these recommendations. (2) Notwithstanding the 75-day limitation on HUD review, in response to a written request from a Resident Advisory Board claiming that the PHA failed to provide adequate notice and opportunity for comment, HUD may make a finding of good cause during the required time period and require the PHA to remedy the failure before final approval of the plan. 24 CFR § 964.410 Additional definitions.
The following additional definitions apply to this subpart only:
Directly assisted. Directly assisted means a public housing resident or a recipient of housing assistance in the tenant-based section 8 program. Direct assistance does not include any State financed housing assistance or Section 8 project-based assistance.
Eligible resident. An eligible resident is a person:
12.A.h
Packet Pg. 2132 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) (1) Who is directly assisted by a public housing agency; (2) Whose name appears on the lease; and
(3) Is eighteen years of age or older.
Governing board. Governing board means the board of directors or similar governing body of a public housing agency.
Resident board member. A resident board member is a member of the governing board who is directly assisted by that public housing agency. 24 CFR § 964.415 Resident board members.
(a) General. Except as provided in §§ 964.405(b) and 964.425, the membership of the governing board of each public housing agency must contain not less than one eligible resident board member.
(b) Resident board member no longer directly assisted.
(1) A resident board member who ceases to be directly assisted by the public housing agency is no longer an “eligible resident” as defined in § 964.410. (2) Such a board member may be removed from the PHA board for that cause, where such action is permitted under State or local law. (3) Alternatively, the board member may be allowed to complete his/her current term as a member of the governing board. However, the board member may not be re-appointed (or re-elected) to the governing board for purposes of serving as the statutorily required resident board member.
(c) Minimum qualifications for board membership. Any generally applicable qualifications for board membership also apply to residents, unless the application of the requirements would result in the governing board not containing at least one eligible resident as a member. Further, PHAs and localities may not establish eligibility requirements for board membership that are solely applicable to residents. 24 CFR § 964.425 Small public housing agencies.
(a) General. The requirements of this subpart do not apply to any public housing agency that:
(1) Has less than 300 public housing units (or has no public housing units):
(2) Has provided reasonable notice to the resident advisory board of the opportunity for residents to serve on the governing board;
(3) Has not been notified of the intention of any resident to participate on the governing board within a reasonable time (which shall not be less than 30 days) of the resident advisory board receiving the notice described in paragraph (a)(3) of this section; and
(4) Repeats the requirements of paragraphs (a)(2) and (a)(3) of this section at least once every year.
(b) Public housing agencies that only administer Section 8 assistance. A public housing agency that has no public housing units, but administers Section 8 tenant-based assistance, is eligible for the exception described in paragraph (a) of this section, regardless of the number of Section 8 vouchers it administers. (c) Failure to meet requirements for exception. A public housing agency that is otherwise eligible for the exception described in paragraphs (a) and (b) of this section, but
12.A.h
Packet Pg. 2133 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) does not meet the three conditions described in paragraphs (a)(2) through (a)(4) of this section, must comply with the requirements of this subpart. ————————————
12.A.h
Packet Pg. 2134 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHIJKLMNKOPKQRRSTRUV WXYZBYD [I\M]KP^_\`JIKJPab^acadeefdefghij kBD iKlJmTNnRU\MIGiKlJmTNSnRU\MIOMKolKURomTKSpRqV
WrstXuZD v\facadwagxooIKyiyKoiJRT\MMoRJ\zJ\M\olKlmRoR{{RJU\JyPQRU\y\MMqRITQ\JQRy]\JM |ZZ}u~CXYZDmUKp\cceSzopadSgen^mUKp\cceSzopadSgen^mUKp\ccaSzopgSn
¡¢£
¤¥ ¥¦
§¨©ª«¬«ª¥®¯®
°±²³´µ¶·¸·¹´¶·º»º¼½º¾¿À¿ÁÁ·»Â·Ã·ÂÄ´ÀÁÅ
°Æ²ÇÈÉÊËÌÉÍÎÍÌÏÐÈÏÑÒÓÔËÌÉÍÎÍÌÏÐÕÓÒÐÎËÖ×ÍÑÌØÖËÐÊÌÎÈËÐÍÉÍÎÈÐÍÖÏÖØÏÖÐÙÌÒÒÐÊÈÏÖÏÌÊÖÕÌÙÌÒÒÍÏÑÍ×ÍÑÓÈÙÖË ØÖËÕÌËÙÚÊÖÕÌÙÌÒÒÍÏÑÍ×ÍÑÓÈÙÖÏÐÊÌÔÖÈËÑÖØÑÍËÌÉÐÖËÒÖËÖÐÊÌËÌÛÓÍ×ÈÙÌÏÐÎÖÙÍÉÚÕÈÜÍÏÝÌÏÐÍÐÚÖØÐÊÌËÌÉÍÎÍÌÏÐÖËÒÓÔËÌÉÍÎÍÌÏÐÞ ÐÖÐÊÌÌßÐÌÏÐÐÊÈÐÒÓÉÊÌÏÐÍÐÚÉÖÏÒÍÑÌËÒÈÏÑÕÈÜÌÒÎÖÙÍÉÍÌÒÈÏÑÑÌÉÍÒÍÖÏÒËÌÝÈËÑÍÏÝÈÏÚÎËÖàÌÉÐÞÒÓÎÎÖËÐÍ×ÌÒÌË×ÍÉÌÒÞÖË ÈÒÒÍÒÐÈÏÉÌÎËÖ×ÍÑÌÑÓÏÑÌËÐÊÍÒÎÈËÐáâÊÍÒËÌÛÓÍËÌÕÌÏÐÍÒãÈÍ×ÌÑÍØÈËÌÉÍÎÍÌÏÐÖËÒÓÔËÌÉÍÎÍÌÏÐÍÒÓÏÈÔÙÌÐÖÕÌÌÐÒÓÉÊ ËÌÛÓÍËÌÕÌÏÐÈÏÑÖÔÐÈÍÏÒäåæÈÎÎËÖ×ÈÙØÖËÈÎÙÈÏÐÖÖÐÊÌËãÍÒÌÉÖÏÒÓÙÐãÍÐÊÊÖÕÌÙÌÒÒÖËØÖËÕÌËÙÚÊÖÕÌÙÌÒÒÎÌËÒÖÏÒãÊÌÏ ÉÖÏÒÍÑÌËÍÏÝÈÏÑÕÈÜÍÏÝÎÖÙÍÉÍÌÒÈÏÑÑÌÉÍÒÍÖÏÒá
¤
¥¨ç褥¡é¢ ê먨®¤
¥¨ì¡íì¥ îï
ðñí¡ò¡¥é¢ êí¡¨¨ é¢
êë
¤í¡¥ó¥
¨ô¡é¢
êëí󨨡íõ¤í¨¨ö ¥÷íø¨ó ¡é¢
êíé¢
êë÷¨¨¥¨¨ôí¡¥ íóíõù¥¡õ è¥
èùú¦§¦§ª¢é¤èøíí¦
¥¨¨é¢
êëì¥
ê íé¢
êë¥ò¥©ê륨ê¡ë¨êë® ¨¨¥í¤¨êëíé¢ êë¡
é¢
êëê¡í¡¨¨¥ ¡ó¢£íó¡é¢ ¥¨é¥
í¥í¥¥í¨êëé¢ êë
¦
¥¥¡
¤¥
©¥
è¥í
èùª¦¦ª¢é¤ï¥¡í¦
è¥
!
9
12.A.h
Packet Pg. 2135 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) General Comment:
Thank you, Patrick.
Please let me know what CoC program participants like myself need to do to secure representation in the SMHA Board as is required by the law.
There never was an effort by SMHA to create the required representation on the governing body of SMHA.
This is not only in violation of the HUD regulation but also discriminatory when HCV participants have a path to get their representatives on the governing body of SMHA but CoC program participants don’t.
At a time here the city has declared a state of emergency regarding homelessness, how can the City justify going to great lengths to prevent CoC representation on the governing body of SMHA? Thank you for your assistance.
Regards,
Olga Zurawska
12.A.h
Packet Pg. 2136 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan)
!
" #
$ %&!
'
'
( )*
+,-./.-
+,-./.-01
2,345-
7%$6 7!6 7!898:6 ;;$6 <*).=>? @ABCD EFGHIJKLMNOKPQHRSEFGHIJKLMTNOKPQHRUJOLVOFHLKWOTMHXY Z[\]B\DNHL^O_`NOaWbcd`efedghifhijkN
lBDkOVaKWmnHFoJISkOVaKWmTnHFoJIUJOLVOFHLKWOTMHXY
Zpqr[s]DtuhNooVKLM^HoJLHVoRKJV
vwxyz{|}~|
|
} z
xz¡{¢£}¤¥¡{¢£}¤¥
£
¦§¨©z||ª£|
|¥
«£
¬£~|~}||££
|}|®|¯¡{
|
|||ª£|
|¥
°¢¯¢|~|||£¤
!
± ² ³ ´ 8µ¶9 · ³ ¸
12.A.h
Packet Pg. 2137 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) Comment from RAB Member
Hello,
My name is Mia and I am providing my comments for the Section 8 Administrative Plan in writing should I be unable to be present on the actual day via video:
1) They have to make the Payment Standards automatically correlate with the FMRs posted to HUDs Website Annually and proactively instead of waiting for the HCV program to be unhelpful to hopefully clients or an emergency to address this concern about clients finding a home in the Housing Authority given price range or aka payment standards. A person has to be able to use a common website such as craigslist.org or Westsiderentals.com etc. For example, to be able to find housing quickly and in the time frame for the vouchers expiration date. Let's avoid looking at it in terms of undeserved "luxury" or whatever or that people somehow need to live in squalor so that poverty has a specific image to judge and instead focus solely on getting people housed using the HCV program to utilize the housing that is already available in the market so that people don't have to be homeless for decades waiting on specific genre of buildings to be build or converted for " low income" aka poor and poverty stricken. By adding language for automatic and proactive changes in rental payment standards, you would take the guesswork out and less work on your end because HUD would be posting rents for you:) 2) Let's change the "Bedroom Standards". Or HCV bedroom allotment for families. Change it to 1 person= 1bedroom and at the 1 bedroom payment standards for HCV approval. If there is 1 parent and one child = 2 bedrooms, 2 adults = 2 bedrooms unless they are married. 1 adult and two children can have 2 bedrooms if the children are close in age and same gender. If the children are opposite identifying children then they can change an adult with 2 children (1 boy and 1 girl) as granted 3 bedrooms and 3bedroom payment standards. 1 Married couples can have one bedroom because they would likely be sleeping in the same room together. Stop considering studios or efficiency as a "1 bedroom" under the rent payment standards. Stop treating the living room as a bedroom. If an appraiser for a property that is for sail, only considers it a bedroom if it has its own door and closet for clothing storage then that is what it should be for everyone. Studios and efficiency has to be treated as immediate and temporary housing similar to tiny homes, never intended for long term residency.
Adjusting the bedroom standard makes it easier to find housing. Also, I am even a fan of just giving people a budget based on household and say go find housing in this price range whatever you can find and be approved for. Rather than saying if you find a 2 bedroom with a den that you are prohibited from using your 3 bedroom voucher because it's not technically a bedroom. It's could save the housing authority money for a family to choose that unit to rent, so let them exercise choice. If a 1 bedroom person would rather have a studio because it's the only place available near their job and within their price range, let them choose it while maintaining their 1 bedroom payment standards because it gets them housed quickly and that is the primary purpose. Maybe they have mobility issues or they want to pay less utilities every month. Trust them to make a decision for themselves by taking away so much restrictive language and obstacles that could affect efficient use of the program.
We are not punishing people for being poor or for circumstances that put them in poverty. We are helping people and we want them to be happy about it. Once everyone has the HCV there will be little to no envy. Squeezing 6 people into a 2 bedroom for example is ridiculous and not practical. It might even be contributing to mental health issues.
12.A.h
Packet Pg. 2138 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) In Santa Monica, if you address these three issues, the program will be more efficient and useful.
California is unique in that it has higher rents. This is a way to house people, give them an actual choice in housing like the program implies, and gives them breathing room and will make them confident to address housing issues like maintenance when they're not trapped by rare cheap price of rent, they could simply move to a better landlord avoiding pests, crime or plumbing issues for example.
California never has to penny pinch, they have plenty in surplus budgets. The poor will likely behave better and look better instead of being a blite on the community when they have a reason to care and stuff to care about and take care of. It's been a jungle because they were treated like animals with no way out or a safety net to life circumstances that would allow for a law abiding life in peace of mind. So let's give them this pathway to resume contributing to society and peace to mind recover and move on from traumatizing poverty and homelessness. And include military Veterans for eligibility. VASH and HCV are essentially the same, only the rent payment standards are different. This will give non program participating neighbors peace of mind and desire to stay when the neighborhood remains clean and safe and they actually get to know who's living with next to them is human just like them.
Last, can you add some language that will say that if a person is a victim of crime or custody matter or abduction/kidnapping that they will be treated as if the child is still in home if they can show the agency a nexus between the missing household member and criminal activity such as domestic violence. And without housing decisions for allotment being related to any court orders. Some people who have had to escape domestic violence or whatever have been separated from their children or other family members and they should have enough space to provide for them should they return. If a walkthrough was conducted on a one bedroom and a parent is trying to get 4 children back for example, it might be seen as a negative to be living in a one bedroom compared to a husband who has a house for example.
We avoid punishing victims and the poor for the life circumstances. Rather we look for ways to help and improve their lives and circumstances long term.
12.A.h
Packet Pg. 2139 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) Cantor Oreen Zeitlin
March 15, 2023
City of Santa Monica Housing
1685 Main Street Stop #19
Santa Monica, CA 90401
Dear Representative:
My experience with Section 8 Housing has been, unfortunately, less than ideal. While I understand that you are understaffed and overloaded right now since the pandemic, it has been since December 1, 2022 that I have not received a call or email in return of some very valid issues. That is a large gap in communication. Further to this, my Social Worker at Wise and Healthy Aging also said she never gets her communications returned. That does not bode well for the agency.
I am currently living on Social Security and SSI. I am handicapped since July, 2021. To begin with, I had a monthly increase of my share of the rent from $314 per month to $376 in one month with the total being paid by Section 8 remaining the same. The letter I received said I paid $366 per month last year which I did not. The Management Company also did not receive an increase last year from $314 per month. I called the Administrator of Section 8 after months of trying to reach my contact at the agency and have received no reply after several weeks, even though he stated that there was a discrepancy.
Further to this, the increase in rent was dependent on an increase in Social Security. Section 8 made the calculations before November, 2022 and before the large increase in costs for gas. My heating bill in January alone was $262, Further, the Social Security increase did not even cover the increased cost of food, which has left me to choose between food and heat. The calculations used were definitely well below the increases in cost of living in Santa Monica. DPPS just informed me today that they are cutting back on the food allotment which does not cover the inflation as it is and prices for food are still going up. When prompted, I was number 61 in the cue and I hung up. There is no way to reach them directly and since the social worker is changed constantly, I do not even know whom to ask for.
The next issue has to deal with Senior Housing. I went to the building on 14th Street with a great view of the cemetery. This was at the height of the pandemic before there were vaccines. The manager of the facility was a young woman who bragged about being anti vaccine. And she was in charge of Senior Housing. She showed me an apartment on the second floor. It was smaller than a dormitory room and had composite cabinets full of formaldehyde and plastics with phalates everywhere. Phalates and formaldehyde cause cancer. Who knows what other
12.A.h
Packet Pg. 2140 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) chemical laden materials were used! There was no way out of the building in case of fire or earthquake. There was one elevator which would not be working in either situation, and there were over 30 steep stairs from the second floor to the first floor, which I could not climb down if I had to. The entire building is a fire trap for Senior Citizens.
The next issue is toxic mold. While sequestered during the pandemic, I became more and more ill until one day in July, 2021, I woke up barely able to walk. My Physician, Dr. Gabriel Niles, took tests and told me I had Mycotoxin Poisoning which is a mold poisoning, and told me I had to move to another place immediately. My landlord and Management Company refused to do any remediation of the moldy walls. Three apartments that are similar in the courtyard building have mold. There are only four apartments so that is 3 out of four. In the four apartments in my building, my next door neighbor had mushrooms growing out of her walls. The next apartment over, with two small children, had black mold all over the apartment that was not remediated.
The Board of Health did not order mold remediation. The inspector of Section 8 Housing said “I have seen worse.” regarding bubbling paint in my apartment from mold, and they passed inspection despite many infractions. Code Enforcement let them pass inspection. Nobody in any agency would care about systemic problems in the buildings, only in each apartment which they passed despite unhealthy conditions.
Further to this, I called Rent Control and spoke to Amelia who mentioned to me that there was a big problem with mold in older buildings in Santa Monica. If that is the case, why are they allowing people to live in mold infested housing, especially children and vulnerable Senior Citizens? Obviously mold is an issue they know about but do not enforce.
My solutions are the following:
Change the codes to set a minimum standard for mold, visible and invisible.
Require that there be testing for levels of mycotoxins, other molds and cancer causing toxins before people move in to any building and before any building is bought or sold. If mold exists above a certain level, require remediation.
Agencies must look for systemic problems in buildings and not just by each apartment.
Section 8 cannot just let people pass inspection with obvious issues.
12.A.h
Packet Pg. 2141 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) You can speak to or visit the website ISEAI.org which deals with environmental toxins or you can call Dr Kelly McCann in Costa Mesa, CA who deals with patients with mold illness or Dr.
Gabriel Niles of St. Johns Physicians Partners who also deals with mold issues and has a questionnaire for people to fill out regarding known toxins when they come for an initial visit. In addition, Mr. Michael Schrantz of Toronto, Canada is an expert on environmental issues who can be reached to speak to you about toxin contamination.
By the way, the area around Santa Monica Airport has a cancer cluster. I suggest you make such maps more readily available to consumers. I found out only after I moved to the area.
Before July, 2021, I never considered mold or any issue of this type and did not even know about Mycotoxins. Now I have become handicapped as a result of building conditions that are not mitigated and am as a result, dying. Before the sequestration, I was fine. My previous internists said that I was totally asymptomatic. After sequestration, I I became very ill. Now I am sensitive to environmental toxins and poisons, where before the sequestration, I felt and showed no symptoms outwardly.
I am hoping that this letter will be taken into consideration as the cost to the health system will be millions of dollars in Santa Monica alone. I am hoping that just because someone is poor, they will get healthy housing situations instead of having to choose between mold and cancer causing chemicals in their environment.
Please change the codes and make owners responsible. Nobody made them buy sick buildings.
Sincerely,
Cantor Oreen Zeitlin
12.A.h
Packet Pg. 2142 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) Hi Pat,
Thank you again for talking with me last week. I'm encouraged by our conversation and your support for SMHA clients and the CAB.
I just learned that I was mistaken about the current status of the RAB representatives to the SMHA Board. Despite any local rules saying otherwise, SMHA is legally required by HUD policy to ask the RAB at least once a year if anyone is interested in being one of those two designated RAB representatives. As Ann Cochran and Donna Brown have been designated RAB representatives for almost two years now, and the RAB was never asked after the first year if any other members wanted to serve, that must be remedied and happen now.
Tonight I attended a five hour RAB meeting of approximately ten current RAB members. The RAB members present voted unanimously for two new RAB representatives to serve on the SMHA Board until the CAB can meet and choose CAB representatives. Those two new RAB chosen RAB representatives are Courtney Lauretano and Hajar Muqtasid St Claire.
I ask that you please arrange for these two people to be named as replacement RAB representatives to the SMHA Board in time to attend the April 11th SMHA Board meeting as board members.
As staff chose the initial two representatives, their rightful one year tenure has long since ended, and SMHA did not ask the RAB if anyone else was interested in the last year as required by HUD policy, staff designating two new RAB representatives chosen by the existing RAB should pose no problem.
I've copied SMHA Board members Phil Brock, Christine Parra, and Oscar de la Torre and encourage you to confer with them if you have any concerns about honoring my request.
Thank you again for your support of our self representation, Pat. Please let me know if you have any questions.
Very best wishes,
Michele
____________
12.A.h
Packet Pg. 2143 Attachment: Actual Written Comments [Revision 4] (5601 : Housing Authority Annual Plan) 1 Vernice Hankins
From: Elizabeth Lutz <[email protected]>
Sent: Tuesday, April 11, 2023 11:46 AM
To: councilmtgitems
Subject: Comment for April 11 council meeting
EXTERNAL
Hello,
Regarding agenda items 11‐C and 12‐A.
The approved Administrative plan repeatedly insisted the City will make process accessible to elderly, disabled, and those using Federally funded housing subsidy.
The revised CAB which the council discussed Fall 2022 is still not supported, so the input from the elderly, disabled, low income constituents are NOT included in the Housing Element / Administrative plan as PROMISED to the State and City residents. This plan should not be passed without this input. The Council opened the City to massive unchecked development by their refusal to incorporate input mandated by HUD and the State.
Other unfulfilled promises:
The housing authority remains with 6 vacant positions.
There is no one helping ADA residents with concerns.
Second, the City is not providing the same financial incentives to residents to build and own housing as it does developers. The CITY can take this role and provide affordable HOME purchase opportunities for voucher holders.
Otherwise, this is economic discrimination on a large scale and our city is potentially target of a massive class action.
Thank you,
Elizabeth Lutz
Item 12.A
04/11/23
1 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2144 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) 1 Vernice Hankins
From: Hajar Muqtasid St. Claire <[email protected]> Sent: Tuesday, April 11, 2023 11:58 AM
To: councilmtgitems; councilmtgitems
Subject: Agenda items 11-C and 12- A
EXTERNAL
I would like to give public comment on agenda items 11‐ C and 12‐A.
As a housing authority voucher holder, I am in full support of the Housing Commission recommendations to the Santa Monica Housing Authority Board. I encourage you all to accept the revised version of recommendations provided to you 11 April 2023.
I encourage you to allow a representative of the Housing Commission to deliver formal recommendations to the SMHA Board immediately after the respective staff presentation and before board members deliberation and potential action instead of during public comments. This process seems like you are silencing our voice and possibly violating HUD recommendations. It also pairs with the fact that the current Resident Advisory Board ( RAB) has been prevented from meeting, not given proper education regarding the SMHA planning process and documents nor have they been provided with staff with collective input in the annual planning process as required by federal policy for more than 20 years. Our voices cannot be silenced any longer. If this silencing is not your intention we demand immediate reversal of all the current silencing policies.
Thank you,
Hajar Muqtasid St. Claire
Item 12.A
04/11/23
2 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2145 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) 1 Vernice Hankins
From: Clerk Mailbox
Sent: Tuesday, April 11, 2023 12:21 PM
To: councilmtgitems
Subject: FW: Items 11-C and 12-A. Meeting 4/11/2023
From: Danielle Charney <[email protected]>
Sent: Tuesday, April 11, 2023 11:52 AM
To: [email protected]; Douglas Sloan <[email protected]>; Clerk Mailbox <[email protected]>
Subject: Items 11‐C and 12‐A. Meeting 4/11/2023
EXTERNAL
I am far to sick and have had no sleep to do a by item
response to support this Housing Commission in a detailed and legal way but others will do that>
I want to say that my illness now could have been prevented and helped had I been able to go to anyone in this City during my awful treatment by the Housing Authority from March of 2014 to
August of 2016.
I was the victim of serious abuse by Barbara Collins, and other workers there
‐ my rights were violated, i was humiliated for fun by Collins, I was prevented
from using a voucher unless I agreed to live in a substandard unit hanging over the freeway or be moved into. a depressing old age home to die.
My civil rights were repeatedly violated. I was told by Collins to leave Santa Monica.
I had been here since 1982 ‐ she had been here for six years.
I was very ill at the time ‐ my conditions are worse now. I would have been able
Item 12.A
04/11/23
3 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2146 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) 2 to help myself had I been given a fair shot. I went to every single council person, to Legal Aid and to Gary Rhoades. I went everywhere. I was ignored, shut out and not even responded to‐‐ so this is my request.
DO WHAT THESE TWO SMART BRAVE AND KNOWLEDGEABLE WOMEN
ARE ASKING OF THIS CITY. It is more than clear to all of us who have tried to have
our cases dealt with honestly that this City won't do that.
We need a clear resident RAB ‐ we always. have. We finally have a Housing Commission who functions for the residents and the most vulnerable of us. We have NEVER HAD THAT.
We have a political group moving to disparage and remove them. DON'T LET THAT HAPPEN. THEY ARE CALLING OUT THE WRONGS OF THIS CITY.
Do what this Housing Commission requests. Stop the political games .
Stop Abusing US.
DO THE RIGHT THING.
Danielle Charney
Resident Since 1982
Item 12.A
04/11/23
4 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2147 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) Housing Commission Recommendations to the
Santa Monica Housing Authority Board
Formally adopted by unanimous vote on 6 April 2023;
submitted to city leadership on 10 April 2023
The Housing Commission unanimously voted to provide the Santa Monica Housing Authority (SMHA) Board with important and time sensitive recommendations regarding SMHA clients, including amendments and additions to Housing staff's current Client Advisory Board (CAB) recommendations.
These recommendations come after extensive consultation with Santa Monica residents, including numerous Santa Monica Housing Authority (SMHA) clients, and discussions with housing and advocacy nonprofits. They also follow several productive conversations with new SMHA Senior Administrative Analyst and supervisor Patrick Komesu, who prepared the current staff CAB recommendations.
Housing Commission Client Advisory Board (CAB ) Recommendations Background
As discussed at the previous HAB meeting, SMHA program participants have been prevented from meaningful participation in a functioning RAB, and subsequently meaningful participation in the annual SMHA planning process, for more than twenty years in direct contravention of HUD federal requirements.
At the previous HAB meeting the Housing Commission presented extensive recommendations for creating and supporting a functional Client Advisory Board (CAB) composed of all SMHA clients. These included size parameters, communications support, budget estimates, codification and legal agreements, and meeting guidelines.
Most of all, in light of both HUD policy requirements and a long history of SMHA client disenfranchisement, the Housing Commission recommended that the CAB be formed and operated with as much independence and self direction by SMHA clients as possible and only minimal, necessary administrative support by staff. That advice continues to inform the new recommendations below.
Item 12.A
04/11/23
5 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2148 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) Recommendations
Codification
1. In contrast with staff recommendations, which propose establishing a HABappointed CAB in the City’s Municipal Code in the same manner as other City Boards and Commissions, the Housing Commission recommends that the CAB be established solely by inclusion in the HAB bylaws, as it is an advisory body solely to the HAB and with a very narrow, federal mandate. Codification via city ordinance creates a more cumbersome body, entailing adherence to city staffing requirements, uniform city bylaws and agenda templates, and some direct oversight by city government. Conversely, establishing the CAB with only HAB bylaws allows for a leaner, more responsive, self directed, and independent advisory body, as supported by HUD policy and guidance.
2. Codification should include CAB bylaws written by the first CAB, approved by the HAB, and amended as needed by future CAB recommendation and HAB approval.
These bylaws should be included on the city and CAB websites respectively and in the SMHA Administrative Plan.
3. In contrast with staff recommendations, which state that establishing a CAB via city ordinance and CAB bylaws, together “would serve the same purpose as the Memorandums of Understanding used in other jurisdictions,” the Housing Commission strongly recommends that codification include a Memorandum of Understanding (MOU) between the CAB and HAB. MOUs are potentially qualitatively different than disparate, technical city ordinance and CAB bylaws, allowing the creation of a more nuanced agreement that acknowledges SMHA clients’ collective history as well as current operating agreements. All thirteen comparable jurisdictions surveyed by SMHA have MOUs, and lawyers from nonprofits Poverty and Race Research Action Council (PRRAC) and National Housing Law Project (NHLP) both explicitly recommended the creation of an MOU signed by both the CAB and HAB.
Composition
1. Given the amount of work required of the CAB and the high level of interest expressed by SMHA clients in serving as CAB members, the Housing Commission suggests the CAB be composed of nine (9) members instead of seven (7).
Item 12.A
04/11/23
6 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2149 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan)
2. Furthermore, given the importance of CAB member participation and the hardships and complications often experienced by SMHA clients, all of whom have low incomes and who are disproportionately older and disabled, the Housing Commission suggests the CAB also include two (2) alternate members who will serve on the CAB when one or more members are absent or unavailable.
3. The Housing Commission recommends that each CAB appointee serve a two (2) year term, with the option of reapplying for additional terms.
4. In order to fulfill the HUD federal Desk Guide requirement that CAB composition “reflect and represent all the residents assisted by the PHA”, and to advance city priorities to advance racial and social justice and enhance equity, the Housing Commission strongly recommends the following:
1. Require at least one CAB member who meets each of the following criteria: HCV holder; CoC holder; resident of a neighborhood with a Title 1 school; 62 years or older; disabled; and current or former experience with homelessness.
2. Give priority to people who meet any of the following criteria: veteran; HOME voucher holder; Emergency Voucher holder; identify as Asian, Black, Latinx, indigenous, or LGBTQIA.
Administration
5. The Housing Commission recommends that the initial CAB applications be based on existing city board and commission applications, with potential modifications based on Housing Commission and SMHA client input to accommodate the unique requirements of CAB membership and needs of the potential applicant pool. Once the CAB is established and filled, CAB members may alter future applications at their discretion with HAB approval.
6. The Housing Commission strongly recommends that CAB appointments be made by the HAB with consideration given to the recommendations and input of the Housing Commission and individual SMHA clients.
7. In order to comply with federal law, SMHA should reach out to all clients at least once a year to notify them of the opportunity to serve on the CAB and to solicit new application submissions.
8. As one SMHA client pointed out, no one on City Council appoints their fellow councilmembers. In keeping with the Housing Commission’s recommendation that the CAB remain as independent and self directed as possible, and in recognition of the fact that HAB members appointing other HAB members stratifies the HAB, the Item 12.A
04/11/23
7 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2150 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) Housing Commission strongly recommends that the two (2) CAB representatives to the HAB are elected by the CAB, while ensuring that at least one HAB representative is an HCV holder and at least one HAB member has current or former experience with homelessness, as required by federal law.
9. In contrast with staff recommendations, the Housing Commission recommends that CAB members receive a $25 stipend per CAB meeting, with the option to receive this in the form of a gift card or to decline the stipend. Note that the staff report statement that stipends over $200 per year must be declared as income is incorrect. According to HUD rules, receipt of over $199 per month must be declared as income.
10. In alignment with practices of comparable jurisdictions as noted in the current staff report, CAB members should have access to outside training opportunities when available, for example those provided by nonprofit housing and advocacy organizations.
Communications
11. As previously recommended and discussed at the 13 September 2022 HAB meeting, the HAB is a city body and establishing the CAB via HAB bylaws will make the CAB subject to the California Brown Act. Therefore, all communications by CAB members acting in their capacity as CAB members, whether issued via city email or other platforms, will be subject to Public Records Act requests as required by the Brown Act.
12. The Housing Commission reiterates its previous recommendations of specific tools necessary to facilitate independent and fully accessible communications among SMHA clients:
a. Independent website (as current staff report notes that comparable jurisdictions operate) with email for CAB members and secure area for SMHA client chat
b. Dedicated phone number with TDD & TTY accessibility and outgoing messaging that will be recorded and maintained by the CAB c. Physical city mailbox for written correspondence
d. Dedicated Zoom account for meetings
e. Dedicated online fax account for accessible correspondence f. CAB materials in all new client onboarding, including new and ported vouchers
g. Continuing city email addresses for Housing Authority Board members h. All mailings to SMHA clients translated in their preferred languages i. Translation support at CAB meetings as needed
Item 12.A
04/11/23
8 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2151 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) j. Occasional translator support for outgoing phone messages k. Physical and digital mailings to all SMHA participants to notify them of CAB meetings in sufficient advance
l. Surveys sent 2x/year to all SMHA clients for the first two years and annually thereafter
13. The Housing Commission further recommends that the dedicated CAB phone number be routed to a few inexpensive cell phones in order for CAB members to speak with SMHA clients who need phone accessibility without compromising their privacy by having to share their personal phone numbers.
14. In addition to staff recommendations, notices of opportunities to apply for CAB appointments should be sent directly to all SMHA clients by mail and email at least once a year, included in onboarding materials for ported voucher participants, and posted on city social media.
Meetings
15. As previously recommended and discussed at the 13 September 2022 HAB meeting, the HAB is a city body and establishing the CAB via HAB bylaws will make the CAB subject to the California Brown Act. Therefore, all CAB meetings with a quorum present will be properly noticed, agendized, and open to public participation as required by the Brown Act.
16. The Housing Commission strongly recommends that CAB meetings should be held monthly for at least the first two years, after which the CAB can recommend changes. Note that all thirteen comparable jurisdictions surveyed in the staff report meet monthly.
17. With the exception of hybridity, as discussed below, CAB meetings should be held in a manner similar to existing city boards and commissions unless and until the CAB makes other recommendations that are approved by the HAB, which they should be as long as the recommendations are legal (with or without modifications to existing policy) and reasonable.
18. Given the disproportionate representation of seniors, disabled people, and people without access to reliable transportation among the SMHA client population, and the federal requirement that SMHA facilitate communications and participation among clients, the Housing Commission strongly recommends that all CAB meetings be hybrid, with options to attend in person or via video or phone. Note that this can be done without staff attendance and largely without staff support, and Item 12.A
04/11/23
9 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2152 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) will be done in compliance with applicable Brown Act rules regarding hybrid meeting noticing and access.
19. To encourage attendance and foster community among SMHA clients, and in keeping with comparable jurisdictions’ practices, CAB meetings should have refreshments available for attendees.
20. The Housing Commission recommends researching the feasibility of holding nonpublic meetings of CAB members and SMHA clients (for purposes other than conducting CAB business), as the staff report notes that comparable jurisdictions hold, in light of Brown Act requirements.
Respectfully submitted by Michelle Gray, Housing Commission Chair, on behalf of the Santa Monica Housing Commission
Item 12.A
04/11/23
10 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2153 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) Housing Commission Recommendations to the
Santa Monica Housing Authority Board
Formally adopted by unanimous vote on 6 April 2023;
submitted to city leadership on 10 April 2023
The Housing Commission unanimously voted to provide the Santa Monica Housing Authority (SMHA) Board with important and time sensitive recommendations regarding SMHA clients, including advice to postpone the approval of current SMHA plans.
This recommendation comes after extensive consultation with Santa Monica residents, including numerous Santa Monica Housing Authority (SMHA) clients, and discussions with housing and advocacy nonprofits. They also follow several productive conversations with new SMHA Senior Administrative Analyst and supervisor Patrick Komesu, who prepared the current staff CAB recommendations.
Housing Commission Recommendation Regarding Approval of SMHA Plans Background
As discussed at the previous HAB meeting, SMHA program participants have been prevented from meaningful participation in the annual SMHA planning process for more than twenty years in direct contravention of HUD federal requirements. While the likely forthcoming formation of a Client Advisory Board (CAB) is a positive development, it does not change the fact that the current nominal Resident Advisory Board (RAB) has been prevented from meeting, receiving full orientation regarding the SMHA planning process and documents, deliberating, and providing staff with collective input in the annual planning process as required by federal policy.
SMHA clients receive a single annual notice of the opportunity to provide planning feedback by email, mail, phone, or at a designated Housing Commission meeting.
However, the majority of clients are unaware that the Administrative and Annual Plans exist. Of those who are aware, few have any idea of their import, contents, and the discretionary status of their contents. This knowledge is necessary for any RAB member to provide planning input.
Despite claims otherwise, this annual notice does not fulfill HUD federal requirements for client inclusion in the annual SMHA planning process. Federal regulations require SMHA to Item 12.A
04/11/23
11 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2154 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) provide technical assistance to facilitate program participants’ understanding of the planning process and documents, to engage with and secure preliminary feedback from the RAB well in advance of the forty-five day comment period, and to actively facilitate the RAB meeting, deliberating, and providing collective input as a body.
In a positive development, staff recently scheduled a “planning workshop” to educate clients about the planning process and provide an additional opportunity to share feedback. Unfortunately, clients received only one week's notice of the event and it was scheduled for 1PM on a weekday, both leading to poor attendance; staff provided insufficient explanation of the Annual and Administrative Plans and did not include discussion of the 5-Year or Consolidated Plans which determine SMHA goals and funding sources; and some attendees were prevented from participating by an inaccessible meeting setup.
Plans for SMHA clients’ successful self representation are progressing and staff are taking positive steps toward empowering this disenfranchised population. However, the current planning cycle has not been informed by collective RAB feedback as required by federal regulations because the RAB has never had a single properly noticed meeting, orientation, or discussion regarding these plans. Moreover, on 13 September 2022 the HAB unanimously voted to explicitly and formally direct staff to schedule and facilitate such a meeting “with haste”, but the direction was not followed. When Housing Commission leadership inquired on 3 October 2022, staff denied such direction was given even after being provided with a transcript of the successful predicating motion.
Recommendation
Given the RAB’s continued denial of the opportunity to communicate, meet, deliberate, and provide collective input as required by HUD federal policy, the Housing Commission recommends that the HAB choose to refrain from approving the current SMHA Plans unless and until the current RAB (that is, all Housing Choice Voucher [HCV] holders) is able to meet, discuss, and submit collective feedback to staff. While SMHA Plans are due to HUD by 17 April 2023, HUD permits requests for extensions without adverse consequences to requesting jurisdictions.
Respectfully submitted by Michelle Gray, Housing Commission Chair, on behalf of the Santa Monica Housing Commission
Item 12.A
04/11/23
12 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2155 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) Housing Commission Recommendations to the
Santa Monica Housing Authority Board
Formally adopted by unanimous vote on 6 April 2023;
submitted to city leadership on 10 April 2023
The Housing Commission unanimously voted to provide the Santa Monica Housing Authority (SMHA) Board with important and time sensitive recommendations regarding SMHA clients, including changes to their current representation on the SMHA Board (HAB) and the placement of the Housing Commission’s presentation of recommendations in the forthcoming meeting.
In light of their time sensitivity, and with the belief that fulfilling these requests is within Housing staff purview, the first two recommendations below were submitted to City Manager David White on 8 April 2023 for consideration and possible action before the 11 April 2023 HAB meeting.
These recommendations come after extensive consultation with Santa Monica residents, including numerous Santa Monica Housing Authority (SMHA) clients, and discussions with housing and advocacy nonprofits. They also follow several productive conversations with new SMHA Senior Administrative Analyst and supervisor Patrick Komesu, who prepared the current staff CAB recommendations.
Housing Commission Recommendation 1—Tenant Representation on HAB Background
• Federal HUD policy requires tenant representation on the SMHA governing board, and the City of Santa Monica has dedicated two (2) SMHA Board (HAB) seats to this tenant representation. One of these seats is currently vacant. • The current SMHA Resident Advisory Board (RAB), composed of all HCV holders in Santa Monica, was created by staff decision and not via codification in HAB bylaws or city ordinance.
• The two tenant representatives named to the HAB two years ago were chosen, named, acknowledged, and thereby seated on the HAB solely via SMHA staff decision, and not via direction codified in HAB bylaws or city ordinance.
Item 12.A
04/11/23
13 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2156 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) • One of the two named tenant representatives has never attended a HAB meeting and recently formally resigned. The other named tenant representative did not attend the last HAB meeting and has not responded to any emails or calls from SMHA clients.
• HUD federal policy requires SMHA staff to reach out to all program participants at least once a year to ask if any of them would like to serve on the HAB and staff has not done so for more than two years.
• SMHA clients recently held two grassroots virtual RAB meetings: a five hour meeting on 19 March 2023 with twelve attendees, and a seven hour meeting on 4 April 2023 with sixteen attendees, during which clients unanimously elected SMHA clients Courtney Lauretano and Hajar Muqtasid St Claire to act as their two interim RAB representatives until a CAB is formed, with Joyce Sawyer and Stephanie Leah S. as alternates.
• It is essential that SMHA clients have two representatives sitting on the HAB in time for them to participate and vote during Tuesday’s HAB meeting.
Recommendation
To ensure meaningful RAB representation on the HAB until a CAB is formed, the Housing Commission strongly recommends that staff recognize SMHA clients Courtney Lauretano and Hajar Muqtasid St Claire, and in their absence, alternates Joyce Sawyer and Stephanie Leah S, as interim RAB representatives serving on the HAB in the two seats dedicated to tenant representatives, until a CAB is formed and can provide two CAB members as tenant representatives on the HAB.
Housing Commission Recommendation 2—Placement of Advisory Body Input Background
There are no current city provisions that permit appointed public officials to speak on behalf of their respective boards and commissions regarding a City Council or HAB agenda item at the same time as city staff, that is, immediately before City Council or SMHA Board deliberation and possible action on that item. Instead, these public officials are allowed to deliver formal advisory body input as public comment.
Item 12.A
04/11/23
14 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2157 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) In principle, this practice is flawed because city boards and commissions are composed of appointed city officials whose mandate is advising city leadership, and their input is not, therefore, commensurate with individual public comment. In practice, this convention is flawed because public input is given at the beginning of meetings and therefore heard long, and often many hours, before the agenda item in question.
While City Council and SMHA Board meeting agendas dedicate item 13 to board and commission reports, presenting advice from staff and appointed public officials on the same topic separately is inefficient and unduly disenfranchises city advisory bodies. Given the nature of city advisory boards and commissions, including the hundreds of hours of hard work and communication with residents undertaken by their volunteer appointed public officials, hearing board and commission recommendations alongside related staff recommendations is most appropriate.
Recommendation
In order to facilitate communication and maximize busy SMHA Board members' understanding of complex issues, the Housing Commission recommends and requests that a representative of the Housing Commission be permitted to deliver the Housing Commission's formal recommendations to the SMHA Board immediately following the respective staff presentation and before board members' deliberation and potential action, instead of being heard during public comments.
Respectfully submitted by Michelle Gray, Housing Commission Chair, on behalf of the Santa Monica Housing Commission
Item 12.A
04/11/23
15 of 15 Item 12.A
04/11/23
12.A.i
Packet Pg. 2158 Attachment: Written Comments [Revision 1] (5601 : Housing Authority Annual Plan) City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Appointment to one unscheduled vacancy on the Commission on Sustainability, Environmental Justice and the Environment for the term ending on June 30, 2024.
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. ApplicantListCSEJE
B. Written Comments
16.A
Packet Pg. 2159
City of Santa Monica
Boards and Commissions Applicants
Commission on Sustainability, Environmental
Justice and the Environment
Name Application Date
David I Lappen 03/07/2023
Jeff Bush 03/07/2023
Kyle Moss 03/08/2023
Mark A Gold
Gerda Newbold
Laurel S Joe
03/21/2023
03/30/2023
04/02/2023
TOTAL APPLICANTS: 6
16.A.a
Packet Pg. 2160 Attachment: ApplicantListCSEJE (5715 : Appointment to CSEJE 16.A. (5 Mins.)) Memo
To : City of Santa Monica City Council and City Manager’s Office Fro m : Susan Mearns, Vice Chair, Commission on Sustainability, Environmental Justiceandthe Environment
Sig na ture :
Da te : March21,2023
Re : City of Santa Monica Commission on Sustainability, Environmental Justice, and the Environment MotionRegarding Commission CandidateRecruitment
At the March 20, 2023 regular meeting, the Commission on Sustainability, Environmental Justice, and the Environment discussed and took action on the following agenda item:
C o m m is s io n Re c ruit m e nt Re c o m m e nd a t io ns a) Amanda Grossman (Sustainability Analyst) presented on the update on a Commission vacancy. Garen Baghdasarian submitted his resignation in February and Council approved this resignation at the February 28th Council meeting. The Commission vacancy was posted, and applications will be accepted until April 4th. Council will appoint a new Commissioner on April 11th.
b) Historically, the Commission (formerly the Task Force) would interview candidates, review applications, and make
recommendations to Council. In recent years, the Commission has not been included in the recruitment process.
After discussion,the Commission on Sustainability, Environmental Justice, and the Environment made the following motion:
The C o m m is s io n o n Susta in a b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt is c o m p ris e d of se ven m e m b e rs w it h e xp e rtis e , a nd fro m a va rie ty o f b a c kg ro und s in susta in a b ility. The C o m m is s io n o n Susta ina b ility, Enviro nm e nta l Justic e , a nd the Enviro nm e nt re c o m m e nd s tha t C o unc il a p p o int a c a nd id a te w it h e xp e rtise in the a rea s o f w a te r Item 16.A
04/11/23
1 of 4 Item 16.A
04/11/23
16.A.c
Packet Pg. 2161 Attachment: Written Comments (5715 : Appointment to CSEJE 16.A. (5 Mins.)) c o nse rva t io n, d e c a rb o n iz a t io n/ e le c t rific a t io n o f b u ild in g s / tra nsp o rta t io n a nd p o lic y. Ad d itio na lly, the C o m m is s io n re c o m m e nd s tha t the C o unc il se le c t c a nd id a te s fro m a va rie ty o f b ac kg ro und s inc lud ing fo r p ro fit a nd no n- p ro fit o rg a n iz a tio ns.
The motion was made by Vice Chair Mearns and seconded by Member Lempert.
The motion was approved by the following roll call vote:
Ayes: Vice Chair Mearns
Member Pettit
Member Lempert
Member Tower
Noes: None
Abstain:None
Absent: Chair Kubani and Member Sokol
Item 16.A
04/11/23
2 of 4 Item 16.A
04/11/23
16.A.c
Packet Pg. 2162 Attachment: Written Comments (5715 : Appointment to CSEJE 16.A. (5 Mins.)) Created: 2023-04-10
By:
Status:
Transaction ID:
Amanda Grossman ([email protected])
Signed
CBJCHBCAABAALWBLy5piemBCGOEp2G31ixfZi1Rt8Mg9
23.03.20_Commission_CandidateRecruitment
Final Audit Report 2023-04-10
"23.03.20_Commission_CandidateRecruitment" History
Document created by Amanda Grossman ([email protected]) 2023-04-10 - 9:16:40 PM GMT
Document emailed to Susan Mearns ([email protected]) for signature 2023-04-10 - 9:18:12 PM GMT
Email viewed by Susan Mearns ([email protected]) 2023-04-10 - 9:22:58 PM GMT
Document e-signed by Susan Mearns ([email protected]) Signature Date: 2023-04-10 - 9:23:07 PM GMT - Time Source: server Agreement completed.
2023-04-10 - 9:23:07 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
Item 16.A
04/11/23
3 of 4 Item 16.A
04/11/23
16.A.c
Packet Pg. 2163 Attachment: Written Comments (5715 : Appointment to CSEJE 16.A. (5 Mins.)) 1 Vernice Hankins
From: Pettit, David <[email protected]>
Sent: Tuesday, April 11, 2023 10:17 AM
To: councilmtgitems
Cc: Pettit, David
Subject: Item 16A – Appointment to one Unscheduled Vacancy on the Commission on Sustainability
EXTERNAL
I am writing to support the appointment of Mark Gold to the Santa Monica Commission on Sustainability, Environmental Justice and the Environment. I currently sit on this Commission and I was a Sustainability Task Force member for a number of years while Mark was its Chair. I also know Mark professionally in my capacity as an attorney for the Natural Resources Defense Council. In my view, there is no one with a deeper understanding of the sustainability issues facing Santa Monica than Mark. He is very hard‐working, committed to improving Santa Monica, and can get the job done. I strongly support his appointment.
Thank you for your consideration of this note.
David Pettit
David Pettit
Senior Attorney
Natural Resources Defense Council
www.nrdc.org
Item 16.A
04/11/23
4 of 4 Item 16.A
04/11/23
16.A.c
Packet Pg. 2164 Attachment: Written Comments (5715 : Appointment to CSEJE 16.A. (5 Mins.)) City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis and Councilmembers Zwick and Brock that the City Council direct the City Manager and City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage in Santa Monica.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Minimum Wage for Healthcare Workers_20230411
B. Written Comments
16.B
Packet Pg. 2165
Healthcare Workers 16-item
Request of Mayor Davis and Councilmembers Zwick and Brock that the City Council direct the City Manager and City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage in Santa Monica.
Whereas healthcare workers served our city tirelessly and bravely throughout the COVID-19 pandemic, and whereas healthcare job vacancies are rising as workers on the frontlines deal with the emotional, mental, and physical fallout of providing healthcare during a pandemic and whereas the City of Santa Monica requires a sufficient healthcare workforce to ensure our community remains healthy and safe.
The proposed ordinance should explore providing a minimum wage of not less than $25 an hour to all healthcare workers at all hospitals, clinics, and psychiatric facilities within the city. It should further explore a prohibition against employers funding minimum wage increases via reduced staffing, hours of work, or benefits to current health care employees and mechanisms through which the city would enforce all requirements therein. Finally, it should include a process whereby employers may be granted a waiver from such minimum wage requirements if able to demonstrate by substantial evidence that compliance would raise substantial doubt about the employer’s ability to continue as a going concern under generally accepted accounting standards
16.B.a
Packet Pg. 2166 Attachment: Minimum Wage for Healthcare Workers_20230411 (5695 : Minimum wage for Healthcare Workers) 1 Vernice Hankins
From: Ellis Raskin <[email protected]>
Sent: Tuesday, April 11, 2023 11:59 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Agenda Item 16-B (Healthcare Worker Minimum Wage)
EXTERNAL
Dear Hon. Councilmembers,
Santa Monica has never been more unaffordable to working‐class people. Accordingly, I urge you to support the request by Mayor Davis and Councilmembers Brock and Zwick that the City Manager and City Attorney return with a proposed healthcare worker minimum wage ordinance.
This is common‐sense legislation that will protect essential, frontline workers who literally put their lives on the line to enrich our community.
Best,
Ellis Raskin
Item 16.B
04/11/23
1 of 4 Item 16.B
04/11/23
16.B.b
Packet Pg. 2167 Attachment: Written Comments (5695 : Minimum wage for Healthcare Workers) From: Adena Tessler
To: councilmtgitems
Subject: Item #16B on April 12, 2023
Date: Tuesday, April 11, 2023 1:02:02 PM
Attachments: Santa Monica City Council HASC letter.final.docx
EXTERNAL
April 11, 2023
Santa Monica City Council
1685 Main Street, Rm 250
Santa Monica, CA 90401
RE: Item #16B – Direction to the City Manager and City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage in Santa Monica.
Dear Honorable Mayor Gleam and Santa Monica Councilmembers:
The Hospital Association of Southern California (HASC) represents over 175 member hospitals and 35 health systems, all with a common goal: to improve the operating environment for hospitals and our workforce and strengthen the health of the communities they serve. We are writing to express our deep concern over a potential ordinance that would increase the minimum wage for health care workers in specific health care facilities in the City of Santa Monica.
We have seen other communities within LA County consider a similar ordinance and have strong concerns over this deeply flawed approach to setting minimum wage standards for only certain workers at health care facilities.
The impact of this policy is far reaching and has many unintended consequences the Council should consider thoroughly. This policy will increase the cost of care and threaten access to critical services for the residents of Santa Monica and would particularly impact low-income and disadvantaged patients where care is already strained.
Selectively implementing higher wage standards at health care facilities in one city is not the way to go about determining wages. This hodge podge approach to policy making picks winners and losers and runs the risk of deepening disparities in our broader health care system while creating unforeseen economic tidal waves.
The Council has time on your side on this matter and therefore is in the best position to thoroughly analyze the potential economic impacts and collaborate with all stakeholders to fully understand any potential unintended impacts and consequences.
As the Council discusses this matter, we urge you to conduct an expansive and thorough Item 16.B
04/11/23
2 of 4 Item 16.B
04/11/23
16.B.b
Packet Pg. 2168 Attachment: Written Comments (5695 : Minimum wage for Healthcare Workers) economic analysis, with input and collaboration from all stakeholders, including hospitals, community clinics, home care facilities, dialysis clinics, and senior nursing facilities.
Our health care system is far too fragile and important for the City Council to take action without understanding the full impact and potential harm.
Similar ordinances that have been adopted by several other cities in LA County have already been strongly rejected by the residents in their communities. Residents of those cities have responded by demanding a voice and an opportunity to vote on the policy and have chosen to send it to the ballot. Residents in Duarte defeated a similar measure on their November 2022 ballot.
While we wholeheartedly agree that health care workers deserve support, recognition, and a living wage for the work that they do. We strongly urge you to study the impact such a policy would have on the access to care for the people of Santa Monica. We also recommend you review the cost to the City in implementing and enforcing a wage requirement.
We thank you for your consideration and appreciate the opportunity to share our concerns. We look forward to collaborating with the Council and city staff on this issue moving forward.
Sincerely,
Adena R. Tessler
Regional Vice President for Los Angeles County
Hospital Association of Southern California
Adena R. Tessler
Regional Vice President, Greater Los Angeles Area
T: (213) 538-0703
E: [email protected]
Leadership In Health Affairs
Item 16.B
04/11/23
3 of 4 Item 16.B
04/11/23
16.B.b
Packet Pg. 2169 Attachment: Written Comments (5695 : Minimum wage for Healthcare Workers) From: Natalya Zernitskaya
To: councilmtgitems
Cc: Jesse Zwick; Gleam Davis; Caroline Torosis; Christine Parra; David White; Phil Brock; Lana Negrete; Oscar de la Torre; Attorney Mailbox
Subject: Santa Monica City Council Agenda 4/11/2023- Items 16B & 16D Date: Tuesday, April 11, 2023 1:32:56 PM
EXTERNAL
Good Afternoon Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to support both items 16B and 16D on tonight's agenda, to direct the City Manager & City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage of no less than $25/hr and to evaluate & develop recommendations related to fractional ownership of single-family homes and residential condos, respectively.
Regarding Item 16B, the past 3 years have shown us how vital healthcare workers are to the health and wellbeing of our community. Despite how important workers in this sector are, many are woefully underpaid and can't even afford to live in the community where they work.
The item, as drafted, directs the City Manager & City Attorney to study the issue and draft an ordinance guaranteeing healthcare workers (as defined) a minimum wage of $25/hr. Assuming a standard 40 hour workweek, that comes out to $52,000/year. We should take care of the healthcare workers who take care of all of us and supporting this item is an excellent step towards that goal.
Item 16D addresses a very important issue that Santa Monica has been faced with before, the use of our City's residential properties for vacation rentals rather than for residents. As we experienced with the rise of AirBnB and other vacation rental companies, our City should take care to ensure that our housing stock is occupied by residents, with minimal exceptions. The latest rising trend of fractional ownership of homes, which effectively creates a timeshare-like system for single family homes and residential condos, is an issue that can negatively impact existing and future residents by limiting the availability of homes available to longer-term residents. Newport Beach is already facing challenges due to fractional home ownership and is exploring the best options for their city. I urge the Council to get ahead of this issue before it becomes a significant problem and direct the City Manager & City Attorney to evaluate the options and develop recommendations for the best way to regulate fractional home ownership in Santa Monica.
Thank you for your consideration of these pressing issues before you tonight.
Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
Item 16.B
04/11/23
4 of 4 Item 16.B
04/11/23
16.B.b
Packet Pg. 2170 Attachment: Written Comments (5695 : Minimum wage for Healthcare Workers) City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Mayor Davis, Councilmember Torosis, and Councilmember Zwick that, pursuant to the City’s naming policy, the City Council direct the Recreation and Parks Commission and the Library Board to consider renaming the Pico Branch Library in honor of longtime resident and activist Lloyd Allen. Council requests that the advisory bodies consider this matter and report back to the Council within 60 days.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
16.C
Packet Pg. 2171
City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilmembers Torosis and Parra and Mayor Pro Tem Negrete that Council direct the City Manager and City Attorney evaluate and develop recommendations for Council action to regulate fractional ownership of singlefamily homes and residential condominiums. These recommendations should also include a review of best practices from similarly situated jurisdictions.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Fractional Ownership 16 item -04-11-23_revised
B. Written Comments
16.D
Packet Pg. 2172
Request of Councilmembers Torosis and Parra and Mayor Pro Tem Negrete to proactively address vacation homes and fractional ownership in Santa Monica During the pandemic, rising demand for second homes and an inventory shortage helped push prices to record highs. According to the Federal Reserve Bank of St. Louis, median home prices increased nationwide by almost $60,000 in the past year.
As a result, local workforce oftentimes finds themselves priced out of many desirable markets, including locally in Santa Monica. As home prices continue to rise, so too do corporate owners. California is the state with the fourth highest percentage of singlefamily homes purchased by investors (29%) behind Georgia, Arizona, and Nevada, according to data from CoreLogic.
Moreover, the state has seen the rise of the concept of fractional ownership – when multiple people own a portion of a vacation home and split the allowed time at the property through a formal arrangement. In the fractional model, the allotted time for each owner is based on their percentage of ownership, similar to a timeshare. This model was accelerated by the pandemic when families were seeking the space and refuge of a getaway. However, fractional ownership has been viewed by many as another practice to convert neighborhood homes into quick vacation destinations for those who can afford to cycle in and out of the community. Tourist destinations across the state are working to regulate this new type of ownership to ensure that homes remain in the local community. Carmel, Sonoma, and St. Helena are moving to limit or outright ban fractional ownership operations. In Beverly Hills, planning commissioners in March expressed support for an ordinance that would prohibit fractional ownership in the city.1 The City of Santa Monica has long expressed its desire to maintain the character and integrity of its residential neighborhoods while supporting the tourism and hospitality industry. As such, the City currently regulates short-term rentals and has advanced other policies to limit corporate rentals and the commercialization of singlefamily homes. 1 https://www.latimes.com/california/story/2023-03-29/newport-beach-battles-a-new-breed-of-luxury-partyhouses
16.D.a
Packet Pg. 2173 Attachment: Fractional Ownership 16 item -04-11-23_revised (5706 : Address vacation homes and fractional ownership in Santa Monica) We, therefore, direct the City Manager and City Attorney to evaluate and develop recommendations for Council action to regulate fractional ownership of single-family homes and residential condominiums. These recommendations should also include a review of best practices from similarly situated jurisdictions.
16.D.a
Packet Pg. 2174 Attachment: Fractional Ownership 16 item -04-11-23_revised (5706 : Address vacation homes and fractional ownership in Santa Monica) 1 Vernice Hankins
From: Ellis Raskin <[email protected]>
Sent: Tuesday, April 11, 2023 11:53 AM
To: councilmtgitems; Gleam Davis; Lana Negrete; Phil Brock; Oscar de la Torre; Christine Parra; Caroline Torosis; Jesse Zwick
Subject: Agenda Item 16-D (Fractional Ownership)
EXTERNAL
Dear Hon. Councilmembers,
I strongly support the proposal advanced by Mayor Pro Tem. Negrete and Councilmembers Parra and Torrosis to direct the City Manager and City Attorney to return with options for regulating the fractional ownership of Single‐Family Homes and Condominiums.
As we continue to see the proliferation of corporate ownership of Santa Monica homes, these regulations will be essential tools for ensuring that our laws prioritize the wellbeing of our residents.
Best,
Ellis Raskin
Item 16.D
04/11/23
1 of 2 Item 16.D
04/11/23
16.D.b
Packet Pg. 2175 Attachment: Written Comments (5706 : Address vacation homes and fractional ownership in Santa Monica) From: Natalya Zernitskaya
To: councilmtgitems
Cc: Jesse Zwick; Gleam Davis; Caroline Torosis; Christine Parra; David White; Phil Brock; Lana Negrete; Oscar de la Torre; Attorney Mailbox
Subject: Santa Monica City Council Agenda 4/11/2023- Items 16B & 16D Date: Tuesday, April 11, 2023 1:32:56 PM
EXTERNAL
Good Afternoon Mayor Davis, Mayor Pro Tem Negrete, and City Councilmembers, I urge you to support both items 16B and 16D on tonight's agenda, to direct the City Manager & City Attorney to study and draft an ordinance that would guarantee healthcare workers a minimum wage of no less than $25/hr and to evaluate & develop recommendations related to fractional ownership of single-family homes and residential condos, respectively.
Regarding Item 16B, the past 3 years have shown us how vital healthcare workers are to the health and wellbeing of our community. Despite how important workers in this sector are, many are woefully underpaid and can't even afford to live in the community where they work.
The item, as drafted, directs the City Manager & City Attorney to study the issue and draft an ordinance guaranteeing healthcare workers (as defined) a minimum wage of $25/hr. Assuming a standard 40 hour workweek, that comes out to $52,000/year. We should take care of the healthcare workers who take care of all of us and supporting this item is an excellent step towards that goal.
Item 16D addresses a very important issue that Santa Monica has been faced with before, the use of our City's residential properties for vacation rentals rather than for residents. As we experienced with the rise of AirBnB and other vacation rental companies, our City should take care to ensure that our housing stock is occupied by residents, with minimal exceptions. The latest rising trend of fractional ownership of homes, which effectively creates a timeshare-like system for single family homes and residential condos, is an issue that can negatively impact existing and future residents by limiting the availability of homes available to longer-term residents. Newport Beach is already facing challenges due to fractional home ownership and is exploring the best options for their city. I urge the Council to get ahead of this issue before it becomes a significant problem and direct the City Manager & City Attorney to evaluate the options and develop recommendations for the best way to regulate fractional home ownership in Santa Monica.
Thank you for your consideration of these pressing issues before you tonight.
Sincerely,
Natalya Zernitskaya
Natalya Zernitskaya (she/her)
[email protected]
Item 16.D
04/11/23
2 of 2 Item 16.D
04/11/23
16.D.b
Packet Pg. 2176 Attachment: Written Comments (5706 : Address vacation homes and fractional ownership in Santa Monica) City Council
Report
City Council Meeting: April 11, 2023
Agenda Item: 16.E
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Request of Councilwoman Parra, Councilman Brock and Councilman de la Torre that the City Council allocate $4,000 in discretionary funds to Santa Monica High School to support their Latina/o graduation.
Prepared By: Denise Anderson Warren, City Clerk
Approved Forwarded to Council
Attachments:
A. Discretionary Funds as of 4.11.23
16.E
Packet Pg. 2177
16.E.a
Packet Pg. 2178 Attachment: Discretionary Funds as of 4.11.23 (5707 : Council discretionary funds to support Samohi Latina/o graduation)