Santa Monica City Council
April 11, 2023

Board of Directors
Wilshire Montana Neighborhood Coalition (Wilmont)
Item 11.A
04/11/23
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Packet Pg. 1214 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) 1 Vernice Hankins
From: Steve Bevilacqua <[email protected]>
Sent: Tuesday, April 11, 2023 10:48 AM
To: councilmtgitems
Subject: SUBJECT: FYE’24 BUDGET: Support Early Childhood

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Councilmembers:

I am writing to express my support for childcare in Santa Monica. As a parent who has sent their child to the Growing Place, I benefited from having access to quality childcare service at the Growing Place Marine Park Child Development Center.

The Growing Place is fantastic and deserves your continued support. We are a household with two working parents and the Growing Place was an incredible asset and benefit to our lives when our daughter was enrolled there.

Child care is essential for working parents who need a safe and nurturing environment for their children while they are at work, and it plays a critical role in the development of young children.

Our City must do everything possible to support Santa Monica families and ensure its children have access to quality early education and care. This includes investing in early childhood education and providing financial assistance to families who need it most.

I urge the Santa Monica City Council to prioritize childcare as a critical infrastructure component of our community. Investing in child care supports working families, promotes early childhood education, and ensures that all children and families in our community have the opportunity to thrive.

Thank you for your attention to this important issue; keep children learning, parents earning, and communities growing in Santa Monica!
Sincerely,
Steve Bevilacqua
310.430.9837

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Packet Pg. 1215 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) TO: SM CITY COUNCIL ([email protected])
SUBJECT: FYE’24 BUDGET: Support Early Childhood
TO: Santa Monica City Council
[email protected]
SUBJECT: Fiscal Year 2024 Budget
Support Early Childhood Education.

Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Council members:

I am writing to express my support for childcare in Santa Monica. As a longtime resident of Santa Monica, I benefit from the Human Services Grant Program (HGSP) through the Growing Place Marine Park facility; I understand the importance of providing quality childcare services to families in our city. The education system in Santa Monica including programs like the Growing Place are a critical and important services to provide for families of our city.

As a member of a two-parent working household, we would challenged if it were not for services provided by institutions like the Growing Place. Our county and city are becoming increasingly expensive and, in many cases, cost prohibitive. We battle landlords that refuse to maintain their buildings all the while continues to increase rents. We travel great distances to our places of work so that we may live in one of the best cities in Southern California which provides wonderful public services and public education for our two daughters.

Childcare is essential for working parents who need a safe and nurturing environment for their children while they are at work. It also plays a critical role in the development of young children, providing them with early education and socialization opportunities that are essential for their future success.

Unfortunately, access to quality infant/toddler/preschool programs is limited due to high costs, long waiting lists, and limited availability of licensed childcare providers. This significantly burdens working parents, especially lowincome families who struggle to make ends meet.

Our city must do everything it can to support Santa Monica families and ensure our children have access to quality child care. This includes investing in early childhood education and providing financial assistance to families who need it most.

I urge the Santa Monica City Council to prioritize childcare as a critical infrastructure component of our community. Investing in childcare supports working families, promotes early education, and ensures that all children and families in our community can thrive.

Please ensure our young children have access to early childhood education and socialization. Help our parents maintain and keep our much-needed jobs and careers. Furthermore, help our communities grow and thrive in Santa Monica.

Sincerely,
Zachary Hoevet
229 San Vicente Blvd, Apt H
Santa Monica, CA 90402
503-260-9202
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Packet Pg. 1216 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) 1 Vernice Hankins
From: Bruce Leddy <[email protected]>
Sent: Tuesday, April 11, 2023 11:56 AM
To: councilmtgitems; Gleam Davis; David White
Cc: [email protected]; Nancy Coleman
Subject: City Council Mtg 4-11-23 – ITEM 11A

EXTERNAL
To: City Council
From: NOMA
Re: City Council Agenda Item 11A
April 11, 2023
Dear Mayor, City Council and City Manager -
The Executive Board of NOMA (North of Montana Association) fully supports our neighboring organization, the Wilshire Montana Neighborhood Association (Wilmont), and their request to receive proportional funding from the City for resident outreach.

The strength of all neighborhood organizations depends on active participation by residents, and Wilmont's higher population means their outreach through mailings is more expensive. We request that you grant their request for additional funding to continue their good work which benefits their residents and the City.

Sincerely,
Bruce Leddy
On behalf of the Board of the North of Montana Association Mayor Davis and Council Members,
The Wilshire Montana Neighborhood Coalition (Wilmont) Board of Directors asks for the following change to be made to the Fiscal Year Midyear Budget based on equity and support of all city neighborhoods with the annual city grant of $7,000.

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Packet Pg. 1217 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) 2  We request that the annual neighborhood grant become variable. Wilshire Montana Neighborhood Coalition (Wilmont) was given a list of over 13,000 addresses in our neighborhood via a city process. Historically the city requested and sent our annual newsletter in recognition of the value of neighborhood groups.
 We use our grant to send out an annual newsletter to all our Wilmont residents. Wilmont is the largest neighborhood in terms of addresses. Currently, each neighborhood gets the same $7,000 grant.
 Last year we obtained multiple estimates of the price to generate 13,000 copies, labels and postage for our annual newsletter and on average it was about $1/newsletter. The $7,000 does not cover this. We request that Council address these differences by still providing $7,000 per neighborhood groups that have 7,000 or less addresses and provide a $1/address for other neighborhoods that have greater than 7,000 addresses. For Wilmont, that would be $13,000 in 2023, or an addition of $6,000 to send newsletters out to every address in our neighborhood. Thank-you
Thank-you for ensuring the vitality and continued importance of the city's neighborhoods.

Board of Directors
Wilshire Montana Neighborhood Coalition (Wilmont)
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Packet Pg. 1218 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) From: Asa Greenberg
To: councilmtgitems
Subject: FYE’24 BUDGET: Support Early Childhood
Date: Tuesday, April 11, 2023 1:04:03 PM

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Councilmembers:

I am writing to express my support for childcare in Santa Monica. As a Santa Monica parent, resident, and member of the City's workforce, I benefited from having access to quality childcare service at the Growing Place Marine Park Child Development Center.

Child care is essential for working parents who need a safe and nurturing environment for their children while they are at work, and it plays a critical role in the learning and development of young children.

As a dual-working family/working parent whose child attended the program several years ago, I experienced firsthand the program's benefits, including extended hours for childcare. Few options if any in the area provide childcare in a wonderful environment for parents who need coverage throughout the working day. As my wife and I both work full-time, Growing Place Marine Park's extended hours (with early drop-off and late pickup available every day) were indispensable, enabling both of us to continue working in our demanding jobs without having to curtail our work schedules or make costly arrangements for at home care during the working day.

Our City must do everything possible to support Santa Monica families and ensure its children have access to high quality early education and care. This includes investing in early childhood education and providing financial assistance to families who need it most.

I urge the Santa Monica City Council to prioritize childcare as a critical infrastructure component of our community.

Investing in child care supports working families, promotes early childhood education, and ensures that all children and families in our community have the opportunity to thrive.

Thank you for your attention to this important issue; keep children learning, parents earning, and communities growing in Santa Monica!
Sincerely,
Asa Greenberg
--
-
Asa Greenberg
Kilogram Entertainment
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Packet Pg. 1219 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) From: Kemper Donovan
To: councilmtgitems
Subject: FYE’24 BUDGET: Support Early Childhood
Date: Tuesday, April 11, 2023 2:27:28 PM

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Councilmembers:

I am expressing my support for Growing Place Marine Park to continue to receive City funding through the Human Services Grant Program; to sustain its programming to young children and families in our City. As a resident of Santa Monica and a working parent, I order the City to sustain this program.

High-quality early childhood education and care supports the City’s priorities:

Cultivate Economic Recovery - childcare is essential to working families, so we can continue our jobs/careers and participate in our local economy Equity and Social Diversity - women who must re-enter the workforce after childbirth need access to infant care
Sustainable and Connected Community - child development centers enhance the well-being of families and benefit the social and economic well-being of the community
For six years now, my husband and I have benefited from the excellent childcare and pedagogy consistently practiced by this wonderful program for the benefit of our two daughters. This is exactly the sort of program that deserves public funding.

The benefits are endless for children and parents who attend this twenty-three-year established family resource.

Please, invest in early childhood education and provide financial assistance to families who need it most; this will ensure all Santa Monica children and families have the opportunity to thrive!
Thank you for your attention to this important issue.

Sincerely,
Kemper Donovan
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Packet Pg. 1220 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) Item 11.A
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Packet Pg. 1221 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) From: Megan Kelly
To: councilmtgitems
Subject: FYE’24 BUDGET: Support Early Childhood
Date: Tuesday, April 11, 2023 2:40:30 PM

EXTERNAL
Dear Mayor Davis, Mayor Pro Tem Negrete, and Honorable Councilmembers:

I am expressing my support for Growing Place Marine Park to continue to receive City funding through the Human Services Grant Program; to sustain its programming to young children and families in our City. As a resident of Santa Monica and a working parent, I urge the City to sustain this program.

High-quality early childhood education and care supports the City’s priorities:

Cultivate Economic Recovery - childcare is essential to working families, so we can continue our jobs/careers and participate in our local economy Equity and Social Diversity - women who must re-enter the workforce after childbirth need access to infant care
Sustainable and Connected Community - child development centers enhance the wellbeing of families and benefit the social and economic well-being of the community The benefits are endless for children and parents who attend this twenty-three-year established family resource.

Please, invest in early childhood education and provide financial assistance to families who need it most; this will ensure all Santa Monica children and families have the opportunity to thrive!
I also urge you to support you to increase allocations for programs that support children and families.

Thank you for your attention to this important issue.

Sincerely,
Megan Kelly
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Packet Pg. 1222 Attachment: Written Comments [Revision 1] (5534 : FY 2022-23 Midyear Budget) City Council
– April 11, 2023
FY 2022-23 Midyear Budget

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Packet Pg. 1223 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) June 2022
• FY 2022- 23 Budget Adoption
and Public Hearing
March 11 Retreat
• Staff presents 5 Year
Forecast for all funds, state
of operations
• Council affirms & adopts
priorities for FY 2023- 25
Biennial Budget
April 11
• Council adopts FY
2022- 23 midyear
budget adjustments
May 23
• Proposed FY 2023- 25
Budget Published
• Presented to City
Council – Study
Sessions for feedback
June 27
• FY 2023- 25 Budget
Public Hearing and
Adoption
The City’s Biennial Budget Timeline

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Packet Pg. 1224 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) General Fund - FY 2022-23 Midyear Revenue Adjustments
FY 2022-23 Adopted
Budget
Midyear Adjustments FY 2022-23
Revised Budget
$403.4 million $21.9 million $425.3 million
Earlier Recovery (~$15M)
• ~$7M Sales and TUT Tax
• ~$3M Transient Occupancy
(Hotel) Tax
• ~$1M Parking Facility Tax
• $1M Business License Tax
• ~$2M Fees/Charges/Other
Updated Data (~$7M)
• ~$3M Utility Users Tax
• ~$2M Property Tax
• -$1.0M Documentary Transfer
Tax
• ~$3M Administrative Indirect

11.A.j
Packet Pg. 1225 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) General Fund FY 2022-23 Midyear Revenue Uses:
4 Revenue Sharing
Obligations
(Primarily Measure
GSH)
$3.5 million
Items to maintain
services
$1.1
Corrections and
Impacts of Labor
Agreements
$3.8 million
Payment of
settlement of claims
brought against the
City
$3.1
Enables us to keep
funds in Reserves
for future working
capital
$10.3 million
~$21.9 million in Revenues

11.A.j
Packet Pg. 1226 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) General Fund - Operating Budget
FY 2022-23 Midyear Expenditure Adjustments ~ $11.6 million ~$3.5 million
Adjustments for revenuesharing payments and based
on new information
• GSH payment to SMMUSD ($2.5M)
• GSH transfer to Affordable Housing
Trust Fund ($1.2M)
• Reductions based on parking revenue
sharing and lease agreement ($.2M)
~$1.1 million
Require immediate attention to
maintain services
• Increase capacity of youth programs,
net +7.2 permanent FTEs and – 4.3 asneeded FTEs ($.09M) • Eliminate transfer from CBB Fund
($.5M)
• Funding for copper wire thefts
($.44M)
• Funding for security services at Pier
($.11M)

11.A.j
Packet Pg. 1227 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) General Fund - Operating Budget
FY 2022-23 Midyear Expenditure Adjustments ~ $11.6 million ~$3.9 million
Labor agreements and
corrections not included in
adopted budget
• POA MOU
• FEMA MOU
• Correction Police Dept. budget
• Correction for tenant counseling
services funding
• Net zero adjustment allocating funds
for approved labor agreements
$3.1 million
Liability Self Insurance Fund
• Payment for settlement of claims
brought against the City

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Packet Pg. 1228 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Revenues ~$42M
• Funding Allocations, Grants & DA
• BBB $18.1M and Local Return $.8M
• Miscellaneous Grants $19.4M
• DA & Impact Fees $6.4M
• Water Use Reduction ($4M)
• Pending rate changes
• RRR collection fees ($2.1M)
• Beach parking rates ($0.6M)
• Interfund Contributions $4M
Expenditures ~$4M
• Miscellaneous Grants $2.3M
• BBB .5FTE and $.05M
• Housing Trust Fund $.5M
• Administrative Indirect (all) $2.8M
• Special Revenue and Community
Broadband -$1.6M
Other Funds Operating Budget
FY 2022-23 Midyear Revenue and Expenditure Adjustments

11.A.j
Packet Pg. 1229 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) FY 2022-23 Midyear CIP Budget Adjustments
General Fund
+$212,600 for Rooftop Fall Protection and Access
Retrofits – funded with one-time CIP budget
savings
Other Funds
Miscellaneous Grants
$10M City Yards Modernization Microgrid Project
$4.8M Lincoln Neighborhood Corridor Streetscape
(LiNC) Project
Wastewater Fund
$0.45M Water Resources Tenant Improvements at
City Yards
Water Fund
$1.1M Water Resources Tenant Improvements at City
Yards
$0.7M Roof and HVAC Repairs at Arcadia Water
Treatment Plant
$17.0 million net increase

11.A.j
Packet Pg. 1230 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Other Business
• Adopt Resolution to apply for grant funds from the California Arts Council • Adopt Resolution authorizing execution of Master Agreement for State and Federal-Aid funded transportation projects with the California Department of Transportation • Authorization to accept a grant award from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG)
• Authorization to accept a grant award from the U.S. Department of Justice (DOJ) Bureau of Justice Assistance 2022 Bulletproof Vest Partnership (BVP) Grant • Authorization to amend the City’s Fiscal Policy to allow for the suspension of the accelerated paydown of the City’s unfunded pension liability from FY 2022-23 to FY 2027-28 or later

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Packet Pg. 1231 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Progress on FY 2023-25 Biennial Budget
March 11, 2023 Council
Retreat
• Financial Overview
• Adoption of Priorities
Addressing
Homelessness
Clean & Safe
Santa Monica
Cultivate
Economic Recovery &
Expand Community
& Cultural Amenities
Racial Justice, Equity &
Social Diversity
Sustainable
& Connected
Community

11.A.j
Packet Pg. 1232 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Progress on FY 2023-25 Biennial Budget
March 11, 2023 Council Retreat
• Preliminary direction on FY 2023-25 Biennial Budget allocations  Measure CS Fund Allocation
 Reallocation of $2.5M
 Organizational Realignment

11.A.j
Packet Pg. 1233 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Allocation of Measure CS funds
• Expand Homeless Liaison Program in PD
• Expand homeless multidisciplinary outreach team beyond Downtown & Beach
• 24/7 intakes at SAMOSHEL interim housing
• Continue Clean & Safe programs in Police, Public Works, Code Enforcement, Parking
• Short term rental enforcement
• Homelessness Strategic Plan
Implementing Priorities: FY 2023-25

11.A.j
Packet Pg. 1234 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Resource Reallocation for Restorations $2.5M GF
• Support public, free, art and cultural programming and events through the Art of Recovery program
• Further restore Library hours and services
• Increase capacity of youth programs
• Continue funding Playground Club
• Establish RRR low-income reduced rate program
• Create Small Business Tenant Improvement Fund
• Restore Planning and Economic Development staffing to support economic development Diversity, Equity and Inclusion Fund
• Designate 2% earnings from Out of Home Wayfinding agreement w/Big Outdoor • Approximately $100,000-$250,000 per year starting in FY 2025-2026 Implementing Priorities: FY 2023-25

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Packet Pg. 1235 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) May 12, 2023
• Budget Document published
May 23, 2023
• Council Budget Study Session
June 27, 2023
• Council Budget Adoption
Progress on FY 2023-25 Biennial Budget

11.A.j
Packet Pg. 1236 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Recommended Actions
• Approve midyear budget adjustments and position and classification changes • Adopt resolutions:
 Establishing new classifications and adopting salary rates for various positions  Authorizing the application for approved grant funds from the California Arts Council for the Santa Monica City Yards Modernization Microgrid Projects
 Authorizing execution of agency-state Master Agreement for State and Federal-Aid funded transportation projects with the California Department of Transportation, for the Lincoln Neighborhood Corridor Streetscape (LiNC) projects
• Authorize staff to:
 Accept a grant award from the U.S. Department of Justice (DOJ) Edward Byrne Memorial Justice Assistance Grant (JAG) for implementation of the JAG 2022 Project “Overtime Operations to Keep Neighborhoods Safe” and execute all necessary documents to accept the grant and all grant renewals  Accept a grant award from the U.S. Department of Justice (DOJ) Bureau of Justice Assistance 2022 Bulletproof Vest Partnership (BVP) Grant to support the replacement of bulletproof vests and execute all necessary documents to accept the grant and all grant renewals;
 Amend the City’s Fiscal Policy to allow for the suspension of the accelerated paydown of the City’s unfunded pension liability from FY 2022-23 to FY 2027-28 or later, pending restoration of City services and maintenance budgets and reserves; and,
• Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

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Packet Pg. 1237 Attachment: PowerPoint Presentation (5534 : FY 2022-23 Midyear Budget) Housing Authority
Parking Authority
Report
City Council Meeting: April 11, 2023
Agenda Item: 11.B
1 of 1
To: Housing Authority, Parking Authority
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Approval of minutes for Housing Authority and Parking Authority meetings Recommended Action
Staff recommends that the Parking Authority and Housing Authority approve the minutes for the following:

1. February 8, 2022 Parking Authority meeting; and

2. April 12, 2022 and September 13, 2022 Housing Authority meetings.

Prepared By: Maria Dacanay, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. February 8, 2022 Parking Authority minutes
B. April 12, 2022 Housing Authority minutes
C. September 13, 2022 Housing Authority minutes

11.B
Packet Pg. 1238
1 February 8, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

PARKING AUTHORITY MEETING MINUTES
FEBRUARY 8, 2022
A special meeting of the Santa Monica Parking Authority was called to order by Chair Himmelrich at 10:02 p.m., on Tuesday, February 8, 2022, via teleconference pursuant to Assembly Bill No. 361 signed by, Governor Gavin Newsome at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Chair Pro Tem Kristin McCowan
Agency Member Phil Brock
Agency Member Gleam Davis
Agency Member Lana Negrete
Agency Member Oscar de la Torre
Agency Member Christine Parra
Also Present: Executive Director David White
Interim Agency Attorney Joseph Lawrence
Agency Secretary Denise Anderson-Warren
CONVENE On order of the Chair, the Parking Authority convened to a joint meeting with the City Council and the Parking Authority at 10:02 p.m., with all members present.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Agency Secretary Denise Anderson-Warren announced that the members will receive $50 for meeting as the Parking Authority.

STAFF

ADMINISTRATIVE
ITEMS:

FY 2021-22 MIDYEAR
BUDGET

8.A. Financial Status Update and FY 2021-22 Midyear Budget and Adoption of Resolutions, was presented.

Recommended Action
Staff recommends that the City Council, Housing Authority and Parking Authority:

1. Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022-23 budget plan (Attachment A);
Staff also recommends that the City Council:

1. Receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast;

2. Direct staff to set aside $11 million in unprogrammed revenue to

11.B.a
Packet Pg. 1239 Attachment: February 8, 2022 Parking Authority minutes [Revision 1] (5709 : HA & PA Minutes (1 min)) 2 February 8, 2022
Assigned General Fund Reserves;

3. Adopt Resolution No. 11400 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING

SALARY RATES FOR THE FOLLOWING NEW OR
EXISTING CLASSIFICATIONS: ADMINISTRATIVE AIDE,

ADMINISTRATIVE INTERN, ADMINISTRATIVE INTERN

II, BUSINESS LICENSE SUPERVISOR, CROSSING GUARD,

EQUITY AND INCLUSION MANAGER, FACILITIES

ATTENDANT, LABORER TRAINEE, LIBRARY LITERACY

PROGRAM ASSISTANT, LIBRARY PAGE, PRINCIPAL

BUDGET ANALYST, PRINCIPAL BUYER, PRINCIPAL

PROCUREMENT ANALYST, POLICE CADET,

PRODUCTION ASSISTANT, SAFETY AND TRAINING

SUPERVISOR, VIDEO INTERN, VIDEO TECHNICIAN I,
AND VIDEO TECHNICIAN II” (Attachment B) and approve the position and classification changes (Attachment C);

4. Adopt Resolution No. 11401 (CCS) entitled “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

SETTING FORTH THE ADMINISTRATIVE CITATION

SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF THE

SANTA MONICA MUNICIPAL CODE, SETTING CIVIL

PENALTIES FOR PARKING VIOLATIONS AND FOR THE

LATE PAYMENT OF PENALTIES, SETTING FINES FOR

POLICE AND FIRE DEPARTMENT RESPONSES TO

EXCESSIVE FALSE ALARMS, AND SETTING FINES FOR
THE SANTA MONICA PUBLIC LIBRARY” (Attachment D);

5. Direct staff to proceed with research and analysis on various potential tax revenue measures;

6. Authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring; and

7. Approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021.

Members of the public Denise Barton and Zina Josephs, spoke to the recommended action.

Questions asked and answered of staff included: is it correct that the funding for the Pier Task Force is not included in this mid-year budget;

11.B.a
Packet Pg. 1240 Attachment: February 8, 2022 Parking Authority minutes [Revision 1] (5709 : HA & PA Minutes (1 min)) 3 February 8, 2022
can it be confirmed that those positions being filled are being filled with previous employees as part of the COVID layoffs; when does the 2-year retention deadline expire, and will previous employees be able to fill some of these positions; are we looking at federal funding to help some of the transportation initiatives and staffing; does Transportation have the staffing to take advantage of the Dept. of Transportation grants and funding, for example vision zero; is there any time when Council will be able to have a discussion about the Civic Auditorium, given the proposed CIP projects; is this taking into consideration things that have come up recently, like the Pier Task Force; was the small business liaison considered with the permit specialist position; why the increase now in HR and how does it encourage employee retention, and are these positions for recruitment; what would it cost to bring in an outside recruiter instead of hiring full-time employees; how much would it take to open Fairview Library a few days a week; how is the Ocean Park library drop off program working; what is the average transient occupancy tax (TOT) for neighboring cities; is there a point when visitors start to decline due to the high TOT rate; what’s the average parking fees for local areas and are we at the top of the scale; what is the business license modernization; will we go back to paying PERS the way we were before COVID; by adding the staff for Workers Comp, is it actually saving the city money; and, why is it necessary to add the Executive staff person in the City Attorney’s Office.

Considerable discussion ensued on topics including, but not limited to:
concerns about the services that directly impact residents; would like to wait to hire staffing in the City Attorney until the new City Attorney is hired; we need more traffic and community officers and more public safety officers in the parks and streets; for all of the proposed taxes, can all of the neighboring cities be included and shared in the polling analysis; neighborhood funding and the newsletter should be included in the mid-year budget; frame the budget discussion by reflecting where we were before budget and where we would like to move forward with efficiencies; as part of the addition to the Police budget, include there is a need to support small businesses with safety and cleanliness; maybe coordinate city services to support small businesses; a good strategy to leverage city staff to receive grants; good that the city is looking into diversity and equity in procurement for underserved businesses; potentially increase the position in Finance that is being proposed; support a vendor cart coordinator for a future budget consideration; anything to support youth, seniors, and disabled in the city is a benefit, especially after COVID; microgrant programs should be incorporated in an upcoming budget.

Motion by Mayor/Chair Pro Tem McCowan, seconded by

11.B.a
Packet Pg. 1241 Attachment: February 8, 2022 Parking Authority minutes [Revision 1] (5709 : HA & PA Minutes (1 min)) 4 February 8, 2022
Council/Authority Member Negrete, to adopt the staff recommendation to Appropriate FY 2021-22 midyear revenue and expenditure budget adjustments and approve corresponding adjustments to the FY 2022-23 budget plan. The motion was approved by the following vote:

AYES: Council/Authority Members de la Torre, Brock, Negrete, Davis, Parra, Mayor/Chair Pro Tem McCowan, Mayor/Chair
Himmelrich
NOES: None
ABSENT None
Motion by Councilmember Negrete, seconded by Councilmember Davis, to receive the FY 2021-22 through FY 2027-28 Five Year Financial Forecast; and, to direct staff to set aside $11 million in unprogrammed revenue to Assigned General Fund Reserves. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Negrete, seconded by Councilmember Davis, to adopt Resolution No. 11400 (CCS) establishing new classifications and adopting salary rates for various positions (Attachment B) and approve the position and classification changes (Attachment C). The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember de la Torre, seconded by Councilmember Brock, to adopt Resolution No. 11401 (CCS) of the City Council of the City of Santa Monica revising the City’s master fine schedule for certain violations of the Santa Monica Municipal Code, eliminate overdue fines for adult cardholder accounts for the Santa Monica Public Library and to establish new non-standard fines for violations of the Second Shared Mobility Pilot Program Administrative Regulations. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None

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ABSENT: None
Motion by Councilmember Parra, seconded by Councilmember Negrete, to direct staff to proceed with research and analysis on various potential tax revenue measures. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Councilmember Negrete, seconded by Mayor Himmelrich, to authorize the City Manager to negotiate and execute a second modification to agreement #10929 with Moss Adams LLP, a Washington-based company, for internal auditing services for the City Manager’s Office. The modification would increase the third-year amount by $240,000 for a new amended total not to exceed $931,000, with future year funding contingent on Council budget approval, to complete a homeless services delivery audit and the Human Services Grants Program grantee monitoring. The motion was approved by the following vote:

AYES: Councilmembers Parra, Davis, Negrete, Brock, de la Torre, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
Motion by Mayor Himmelrich, seconded by Councilmember Negrete, to approve a relocation allowance up to $25,000 for the Police Chief, effective retroactively to October 18, 2021. The motion was approved by the following vote:

AYES: Councilmembers de la Torre, Brock, Negrete, Davis, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
MINUTES 8.B Approval of minutes for Housing and Parking Authority meetings, was presented.

Recommended Action
Staff recommends that the:

1. Housing Authority approve the minutes of the October 26, 2021 and November 23, 2021 meetings; and

2. Parking Authority approve the minutes of the October 26, 2021

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meeting.

There was no public comment for this item.

Motion by Authority Member Davis, seconded by Authority Member Negrete, to approve the minutes. The motion was approved by the following vote:

AYES: Authority Members Parra, Davis, Negrete, Brock, de la Torre,
Chair Pro Tem McCowan, Chair Himmelrich
NOES: None
ABSENT: None
ADJOURNMENT: On order of the Chair, the Parking Authority meeting was adjourned at 12:25 a.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
Agency Secretary Chair

11.B.a
Packet Pg. 1244 Attachment: February 8, 2022 Parking Authority minutes [Revision 1] (5709 : HA & PA Minutes (1 min)) 1 April 12, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

HOUSING AUTHORITY MEETING MINUTES
APRIL 12, 2022
A special meeting of the Santa Monica Housing Authority was called to order by Chair Himmelrich at 8:33 p.m., on Tuesday, April 12, 2022, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Vice Chair Kristin McCowan
Commissioner Phil Brock
Commissioner Gleam Davis
Commissioner Oscar De La Torre
Commissioner Christine Parra
HAB Tenant Representative Elizabeth Cochran

Absent: Commissioner Lana Negrete
HAB Tenant Representative Donna Brown
Also Present: Authority Secretary David White
Authority Attorney Douglas Sloan
Authority Clerk Denise Anderson-Warren
CONVENE On order of the Chair, the Housing Authority convened to a joint meeting with the City Council at 8:33 p.m., with Commissioner Negrete and Housing Authority member Brown absent.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Authority Clerk Anderson-Warren announced that members will receive $50 compensation for meeting as the Housing Authority.

CONSENT CALENDAR: There being a Consent Calendar for each the City Council and the Housing Authority, on order of the Mayor, and with the consensus of the Councilmembers, the Council convened to a joint meeting with the Housing Authority at 8:33 p.m., and the two Consent Calendars were heard concurrently.

All items were considered and approved in one motion unless removed by a Councilmember for discussion.

Members of the public Ann Thanawalla (time donated by Kim B.), Denise Barton, Theresa Marasco commented on various Consent Calendar items.

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MINUTES
At the request of Authority/Councilmember Brock, Items 3.C, 3.E. and 3.I. were removed from the Consent Calendar.

Motion by Authority/Councilmember Davis, seconded by
Authority/Councilmember de la Torre, to approve the Consent Calendar except for Items 3.C, 3.E. and 3.I, reading resolutions by title only and waiving further reading thereof.

3.J. Minutes for Housing Authority meeting, was presented.

Recommended Action
Staff recommends that the Housing Authority approve the minutes of the February 8, 2022 meeting.

The motion was approved by the following vote:

AYES: Authority/Councilmembers Parra, Davis, Brock, de la Torre, Chair/Mayor Pro Tem McCowan, Chair/Mayor Himmelrich,
Housing Authority Member Elizabeth Cochran
NOES: None
ABSENT: Authority/Councilmember Negrete, Housing Authority Member Donna Brown

HOUSING AUTHORITY

ANNUAL PLAN

3.I. Adoption of Fiscal Year 2022-2023 Santa Monica Public Housing Authority Annual Plan, was presented.

Recommended Action
Staff recommends that the Housing Authority Board:

1. Adopt the FY2022-2023 Santa Monica Housing Authority Annual Plan, provided as Attachment A.

2. Authorize the submission of the FY2021-2023 Annual Plan to the United States Department of Housing and Urban Development.

This item was pulled by Authority/Councilmember Brock to ask questions.

Questions asked and answered of staff, included: if there is a way to respond to questions raised by the public and get this item approved without a delaying approval of this item; is there a deadline for when the Administrative Plan needs to be filed; what is the penalty if the Plan is not submitted on time; is there a way to incorporate residence concerns to the Administrative Plan tonight; do other cities have a way to engage the residents, without being in a public setting; is it true that other cities have public meetings of their Resident Advisory Boards (RAB); and, do we have to make funds available to members of the public, or is that private.

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Motion by Authority/Councilmember Brock, seconded by
Authority/Councilmember de la Torre, to table this item until a full discussion can be had with the public regarding the Resident Advisory Board.

Authority/Councilmember Brock, withdrew his motion.

Motion by Authority/Councilmember Brock, seconded by Mayor/Chair Himmelrich, to approve the recommendation, and direct staff to return within 45 days with a discussion of options on ways to improve the Resident Advisory Board (RAB) process, and that staff provide additional guidance and support to the RAB member.

The motion was approved by the following vote:

AYES: Authority/Councilmembers Parra, Davis, Brock, de la Torre, Housing Authority Board member Cochran,
Mayor/Chair Pro Tem McCowan, Mayor/Chair Himmelrich
NOES: None
ABSENT: Authority/Councilmember Negrete, Housing Authority Member Donna Brown
ADJOURNMENT: On order of the Chair, the special Housing Authority meeting was adjourned at 9:20 p.m., with Commissioner Negrete and Housing Authority member Brown absent
ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
Authority Clerk Chair

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Packet Pg. 1247 Attachment: April 12, 2022 Housing Authority minutes [Revision 1] (5709 : HA & PA Minutes (1 min)) 1 September 13, 2022
(NOT APPROVED)

CITY OF SANTA MONICA

HOUSING AUTHORITY MEETING MINUTES
SEPTEMBER 13, 2022
A special meeting of the Santa Monica Housing Authority was called to order by Chair Himmelrich at 8:14 p.m., on Tuesday, September 13, 2022, at City Council Chambers, 1685 Main Street.

Roll Call: Present: Chair Sue Himmelrich
Vice Chair Kristin McCowan
Commissioner Phil Brock
Commissioner Gleam Davis
Commissioner Lana Negrete
Commissioner Oscar De La Torre
Commissioner Christine Parra

Absent: HAB Tenant Representative Donna Brown
HAB Tenant Representative Elizabeth Cochran
Also Present: Authority Secretary David White
Authority Attorney Douglas Sloan
Authority Clerk Denise Anderson-Warren
CONVENE On order of the Chair, the Housing Authority convened to a joint meeting with the City Council at 8:14 p.m., with Housing Authority Board members Brown and Cochran absent.

REPORT ON MEETING

COMPENSATION
Pursuant to State law, Authority Clerk Anderson-Warren announced that the members will receive $50 compensation for meeting as the Housing Authority.

STUDY SESSION:

RESIDENT ADVISORY
BOARD

7.A. Section 8 Resident Advisory Board Approaches, was presented.

Recommended Action
Staff recommends that the Housing Authority Board review and comment on the current and alternative approaches to achieving Resident Advisory Board input on the Santa Monica Housing Authority Plans and direct the City Manager to return to City Council following the November 2022 election with actions necessary to implement direction received from City Council or further discussion regarding the alternatives presented, as warranted.

Questions asked and answered of staff included: how is the city in

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compliance with Housing Urban Development (HUD) with regard to the Resident Advisory Board (RAB) regulations; is there an estimate of the value of housing vouchers that most Santa Monicans receive, and how many participants are there; does the money for the vouchers comes from the Federal Government; is it correct that the City Council is the body responsible for the Administering the City’s voucher program, and would be liable, if something were to go wrong with it; is it expected for people on the RAB to be able to understand the over 700 pages of regulations that apply to the various housing programs; is it safe to say we meet the minimum HUD requirements for a RAB; is there a reason the city doesn’t host an annual RAB meeting to receive feedback; has staff had a robust discussion about how to get more participation from RAB members; do all cities run their Section 8, HUD programs through their city’s Administrative staff, and how do most cities run their programs; is there a way to change this system, and look at other cities to see if there is a more efficient way to run this system; is it accurate that 66 members attended the last Housing Commission meeting regarding RAB; how are the RAB meeting notices communicated with the residents, is it done in other languages; is the basic function of a RAB to provide feedback on the Housing Plan; is there a way to have the functioning Administrative body, and have the RAB serve as a communication body to provide input on various Housing Plans; would the Client Advisory Board (CAB) be subject to the Brown Act; would the communications of the CAB be subject to the Public Records Act; how would the CAB members be selected; is there any Federal guidance on how a RAB would be selected; how do we ensure that the selection process meets all of the diversity and inclusive requirements; and, does the city have $68,000 for Administrative cost to form a RAB that is funded by HUD.

Members of the public Denise Barton, Deborah Lynch, David Morris, Olga Zurawska (time donated by John Alle), Theresa Marasco, Michael Louis, Ann Thanawalla, and Denise McGranahan commented on the
recommended action.

Considerable discussion ensued on topics including, but not limited to: let the RAB be self-determined; the Council needs to create the guidelines to select a RAB that meets the HUD guidelines; the Council is responsible for the Administration of the funds the city receives from the Federal government; that the CAB is an Advisory body; the CAB needs to be a Brown Act body; how will the Public Records Act apply; and, decide how many people and how they will be selected.

Motion by Councilmember Brock, seconded by Councilmember de la Torre, to give direction to the City Manager to return as soon as possible and support the Housing Commission’s recommendations and direct them

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to schedule the very first meeting of the CAB, and include all legal descriptions, including Brown Act, etc., in this direction. And further, staff should come back and analyze what was said tonight and try and come back with their best representations. Maybe comeback mid to late October with recommendations that Council can look at to have a more substantial conversation.

The City Manager provided clarification that the October date may be too short of a time period and recommended changing the timeline to “as soon as possible.” The amendment to the direction was accepted by the maker and seconder.

The motion was unanimously approved by voice vote by all Council/Authority members present, , with Housing Authority Board members Brown and Cochran absent.

ADJOURNMENT: On order of the Chair, the special Housing Authority meeting was adjourned at 10:24 p.m.

ATTEST: APPROVED:

Denise Anderson-Warren Sue Himmelrich
Authority Clerk Chair

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Housing Authority
Report
City Council Meeting: April 11, 2023
Agenda Item: 11.C
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To: Housing Authority, Mayor and City Council
From: Danielle Noble, Acting Director, Community Services Department, Housing and Human Services
Subject: Introduction and First Reading of an Ordinance Forming a Client Advisory Board
Recommended Action
Staff recommends that the Housing Authority Board:

1. Review and provide direction on the proposed approach for the creation of the Client Advisory Board (CAB) to replace the current Resident Advisory Board (RAB).

2. Extend the term of the Section 8 Resident Advisory Board (RAB) member on the Housing Authority Board until two CAB members are appointed (at least one a Section 8 voucher holder) by the Housing Authority.

Staff recommends that the City Council:

1. Introduce for First Reading an Ordinance, adding Chapter 2.70 to create the CAB.

Summary
In 2022, the Housing Authority Board (HAB) gave direction that staff return to the HAB with a proposal for formation of a Client Advisory Board (CAB) to replace the current Resident Advisory Board (RAB), which is currently constituted with all the Housing Authority’s Section 8 Housing Choice Voucher holders. Staff recommends the creation of an inclusive seven-member CAB representing all voucher program participants, appointed by the Housing Authority Board, which conducts meetings following protocols used by existing City Boards and Commissions. The CAB would provide a forum for voucher participants to publicly gather to discuss voucher program issues, enhance understanding of voucher programs and policy, provide annual input to the staff during the Annual Plan process, and act as an advisory body to the Housing Authority Board.

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Additionally, the HAB would appoint two of the seven appointed CAB members to serve as tenant representatives on the HAB, which acts as the governing body of the Santa Monica Housing Authority (SMHA). The recommended actions, if adopted, will carry out the HAB’s direction.

The CAB would serve the same function as the Resident Advisory Body (RAB) but include all federally assisted residents (including Continuum of Care, Emergency Housing, HOME, and Veteran Affairs Supportive Housing voucher holders) instead of being limited to Section 8 voucher holders. The SMHA has historically included provisions relating to its administration of all federally assisted voucher holders (versus just Section 8) and HUD has never taken exception to the approach. Therefore, given the flexibility accorded to Public Housing Authorities (PHAs) in federal law regarding the formation and governing structure of the RABs, the SMHA could include other federally assisted residents in the CAB, as long as the CAB functions equivalently to a RAB. Due to federal requirements, at least one Section 8 voucher holder must serve on the CAB and the HAB. If the CAB is formed, it would begin providing input on the PHA Plans for fiscal year 2024-2025.The input for the PHA Plans for Fiscal Year 2023-2024 has been provided by the current RAB.

Upon authorization to create a CAB, staff would conduct applicant outreach during April/May 2023, accept applications during a four-week period in May/June 2023, and prepare draft bylaws for CAB consideration at their first meeting. Appointment of the seven-member CAB by the HAB, appointment by the HAB of two CAB members to the HAB, and consideration of updates to the Housing Authority Board bylaws would occur at the first available HAB meeting after the application period closes, anticipated in July 2023. As there will be a gap between the time that CAB members are appointed to the HAB and the end date of the terms of the current tenant representatives to the HAB, staff recommends extending the terms of the current tenant representatives until the CAB members are appointed.

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Background
The SMHA administers approximately 1,675 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households amongst five federal housing programs (Housing Choice Voucher [HCV]; Continuum of Care [CoC]; HOME Investment Partnerships Program [HOME]; Veterans Affairs Supportive Housing [VASH], and Emergency Housing Voucher [EHV]).

Each year, the SMHA must submit an Annual Plan (a streamlined, 3-page federal form), report progress made towards the goals identified in the HAB’s 5-Year Plan and present any changes to the Administrative Plan (which contains the federal regulations, discretionary policies, and some local procedures that govern the SMHA’s operations) to the U.S. Department of Housing and Urban Development (HUD), seventy-five days before the beginning of the fiscal year. Additionally, every five years the SMHA must also submit a 5-Year Plan to HUD within the same deadline. Together, the 5-year Plan, Annual Plan, and Administrative Plan represent the SMHA’s Annual Plan process. The HAB’s consideration of the SMHA’s Fiscal Year (FY) 2023-24 Annual Plan is scheduled for the April 11, 2023, Consent Calendar and is due to HUD on April 17, 2023.

In a typical year, SMHA develops an Annual Plan, captures progress made towards the goals identified in the HAB’s 5-Year Plan, and presents any changes to the Administrative Plan. All documents are posted for a 45-day public review period. Due to the highly regulated nature of the HCV program, opportunities for the SMHA to create discretionary policies are narrow in scope and generally limited to the Annual Plan process which occurs once a year. All documents included in the Annual Plan process including the 5-year Plan, the Annual Plan, and the Administrative Plan are available online year-round on the City’s website at https://www.santamonica.gov/housing-policyand-reports.

Most often, there are no proposed changes to the Annual Plan and minor proposed changes to the Administrative Plan to enhance voucher household opportunities, improve program flexibility within federal parameters, and clarify policies. Some years

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there may be no proposed changes to the Annual and Administrative Plans. However, HUD requires an annual public review and Housing Authority Board approval process.

Prior to the submission of the Plans, the RAB, other voucher participants, and the public must have an opportunity to provide input on the proposed Plans. The RAB, which currently includes all 1,350+ participants in the HCV program, is consulted annually regarding the Annual Plan process and any time significant revisions to the Plan are proposed. Participants in the SMHA’s other voucher programs are also notified of the Annual Plan process and encouraged to provide input on the SMHA’s policy documents. This year, all 1,675+ voucher participants (including the RAB) have been invited to provide input on the Annual Plan, Administrative Plan, and progress made to the 5-Year Plan, through email, mail, public comment at the March 2 Housing Commission meeting, and at a March 13 workshop. The notification to voucher participants describes the process for submitting feedback, allowing for various formats including email, paper mail, and/or telephone, as well as public meetings of the Housing Commission and the HAB.

Legal Requirements for the RAB
As the governing body of the Public Housing Authority (PHA) for the City of Santa Monica’s Housing Authority’s Section 8 voucher program and other federally assisted programs, federal law requires the HAB to provide opportunities for public participation before the HAB approves its annual and 5-year administrative plans (referenced in federal law as “the PHA Plans”). These plans are submitted to the United States Department of Housing and Urban Development (HUD) to ensure PHA obligations under federal law, and they provide a comprehensive guide to the PHA’s policies, programs, operations, and strategies for meeting local housing needs and goals.

Federal law contemplates that participation by federally-assisted residents will occur through the PHA’s establishment of one or more Resident Advisory Boards (RABs).

The purpose of these RABs is to provide the PHA and assisted residents with a forum for providing input and assisting in the development of the PHA Plans before they are adopted. While federal law does not specify how a RAB must be formed or governed,

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HUD has provided significant policy guidance to PHAs, recognizing that the form of the PHA should be flexible enough to ensure participation by resident stakeholders, depending upon the nature of their interests. For example, the participation for RABs that are comprised of residents of public housing owned and/or operated by a PHA are likely to be different from the participation of residents who reside in privately-owned housing with Section 8 subsidies (like in Santa Monica).

With one exception, federal law also requires that the governing board of the PHA must have not less than one eligible RAB member, who must be a Section 8 program recipient. (24 CFR § 964.415(a); § 964.420). The exception applies where the PHA does not own public housing (like Santa Monica) and where the PHA has provided annual notice and outreach for opportunities to serve on the PHA governing body, but no requests for participation have been made by any RAB member. (24 CFR § 964.425.)
For many years, and under the purview of HUD’s local office, the HAB fostered public and Section 8 recipient participation through its Housing Commission (which has historically included no less than two Section 8 voucher holders as members). While not officially named as a “RAB,” the Housing Commission served as a functional equivalent of a RAB and provided a public forum for public participation in PHA Plan development.

In 2020, SMHA staff made an inquiry to the local HUD office as to whether the HAB must have at least one RAB member since the SMHA does not own/operate public housing. HUD’s response was that once the term limits for the two resident board members on the Housing Commission end, if the HAB complies with the annual outreach provisions in federal law (24 CFR.§ 425(a)(2) to (a)(4)), and receives no interest to serving on the HAB, then no RAB member would be required to sit on the HAB.

Rather than terminating the Housing Commission, the SMHA established a separate advisory body of all Section 8 voucher holders as “the RAB”, notified RAB members of

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an opportunity to serve in the HAB, and then conducted a lottery of interested applicants to select two members of the RAB as board members on the HAB in June 2021. These two members have been provided opportunities to serve continuously on the HAB since June 2021, however, one member (Donna Brown) resigned on March 23, 2023.

Consequently, since that date the HAB only has one sitting RAB member, which still satisfies the legal requirement under federal law that one eligible RAB member serve on the HAB.

While federal law requires the PHAs to establish RABs, federal law does not expressly dictate the governance structure or terms of RAB membership. HUD provides policy guidance in numerous publications about RAB membership, the most comprehensive of which is the Public Housing [PHA] Plan Desk Guide (Chapter 4). The Desk Guide states that a PHA has discretion “in determining the method of appointment of RABs, as long as the PHA ensures that its RAB or RABs reflect and represent all the residents assisted by the PHA.”
Because the SMHA does not own or operate any public housing, the SMHA is considered a “Section 8-only PHA”. According to the Desk Guide (p. 94), "Section 8- only PHAs have discretion in the RAB appointment process. Participation in a RAB is limited only to residents that are assisted under federally assisted public housing and the Section 8 tenant-based program.” For this reason, the RAB must be comprised of Section 8 members and only Section 8 recipients are eligible to serve on the HAB as to the single member required by federal law to be included on the HAB.

The Desk Guide (p. 95) also provides that if the PHA is not successful in establishing a RAB, it may appoint all of the agency’s assisted residents as members of the RAB. The PHA must notify all of its members that they have been appointed as members of the RAB and inform them of their role and responsibilities regarding development of the PHA Plan. The SMHA RAB is currently comprised of all Section 8 residents based upon this HUD guidance.

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City Charter section 1000 also authorizes the City Council to create by ordinance such additional advisory boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of the City Charter. While the City and SMHA are legally distinct bodies with different legal mandates, there does not appear to be any conflict if the City adopts an ordinance creating the CAB/RAB structure as a City board and commission.

At the September 13, 2022, Council/Housing Authority meeting, the HAB discussed alternative, more inclusive approaches to the current RAB structure to represent all of Santa Monica’s voucher participants and provide opportunities for voucher participants to meet collectively in preparation for communicating input to SMHA staff regarding voucher program policies. A summary of the RAB, its structure, purpose, role, and requirements under 24 CFR Part 903 is included in the September 13, 2022, Council staff report: Section 8 Resident Advisory Board Approaches and provided in Attachment A. At that time, the Housing Commission also presented a recommendation for the creation of a Client Advisory Board (CAB), which would include voucher participants from all of the SMHA’s voucher programs and serve as a replacement for the current RAB. Community members have suggested that workshops and multiple CAB meetings per year would improve the exchange of information amongst voucher participants as well as comprehension of HAB and voucher program policies.

The Housing Commission recommended the following structure for the CAB:
• Be comprised of seven to fifteen members.
• Include at least one representative from every federally-funded SMHA program. • Allow program participants to collectively decide for themselves how CAB members are chosen, meeting frequency, the content of bylaws. • Allow the CAB to decide who will represent them on the Housing Authority Board. • Have meetings be public and agendized, with sufficient notice provided. • Adopt a Memorandum of Understanding between the CAB and HAB Board, to be incorporated into the Housing Authority Board bylaws by reference and the Administrative Plan in its entirety.

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• Include CAB bylaws in the Administrative Plan.
• Use HAB federal funds allocated for administrative costs to pay for the CAB communications, basic administrative costs, and possible relevant educational and training opportunities.
• Pay a $50 stipend for each CAB meeting attended.
• Require staff advise all clients and the CAB about all regular timelines for the Housing Authority planning process to ensure maximum participation. • Periodically invite Housing Authority staff as needed, to provide educational presentations on the Annual, Administrative, and 5-Year Plans.

A more detailed description and full list of the Housing Commission’s recommendations is provided in Attachment B.

During the study session the Housing Authority Board discussed alternatives to the current RAB structure which included:
• How to meet the needs of voucher participants for engagement. • The Housing Commission’s recommendations.
• Approaches to RAB engagement by comparable Housing Authorities. • Initial RAB/CAB appointment.
• How to make the RAB/CAB self-determining.
• How to make the RAB/CAB Brown Act compliant.

Unlike many other Housing Authorities in its immediate vicinity and Housing Authorities in larger cities, including those referenced in the HAB’s initial discussion of the RAB, Santa Monica operates a voucher-only program. The HAB does not own or operate a Public Housing program and is therefore not subject or have access to the same requirements or funding sources as other Housing Authorities which own and operate Public Housing. At the September 13, 2022, HAB Meeting, the HAB directed staff to consider its discussion, along with the Housing Commission’s recommendations, and return with a recommendation for a CAB.

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In response to the HAB’s direction, staff turned first to researching approaches to the formation, implementation, and operation of an active, inclusive, self-determining CAB.

Staff coordinated with both the Legal Aid Foundation of Los Angeles (LAFLA) and the National Housing Law Project (NHLP) to identify an experienced and available firm with relevant expertise to assist staff in the research. LAFLA and NHLP referred staff to the National Alliance of Resident Services in Affordable and Assisted Housing (NARSAAH), which provides technical assistance to Housing Authorities regarding the creation and execution of RABs.

Independent Survey of RABs from Comparable Housing Authorities In September 2022, staff engaged the services of NAR-SAAH to conduct an independent study of RABs associated with Housing Authorities of comparable size and scope to the HAB. The study identified approaches to RABs, such as appointment process, number of members, meeting frequency, and budget/funding source.

NAR-SAAH provided a detailed report of the findings and profiles of the Housing Authorities to staff which is provided in Attachment C. The report listed the 13 Housing Authorities surveyed which are comparable to the HAB, RAB administration approaches, and the recommendations of NAR-SAAH. Below are key points from the survey results.
• RAB members at all 13 PHAs in the study cohort were appointed by agency staff and elected officials.
• RAB membership ranges from seven to twelve members.
• The average term for RAB member service is three years. • Seven of the 13 Housing Authorities have at least one RAB workshop annually.

The RAB workshop provided updates regarding the Housing Authority, the Annual Plan, the 5-Year Plan, and the Administrative Plan.
• None of the 13 Housing Authorities paid a stipend to their RAB members. • All 13 RABs have bylaws.
• All 13 Housing Authorities have executed a Memorandum of Understanding (MOU) between the RAB and the Housing Authority.

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• Although all 13 RABs have a budget, such funding is supplemented by the state, city, or another non-federal source in light of the insufficient funding provided by HUD for direct administration of voucher programs.

Discussion
The Housing Authority Board directed staff to take steps to facilitate a more inclusive RAB process and form a CAB that represents the entire HAB voucher population, rather than solely HCV participants.

Staff considered the recommendations of the HAB, the Housing Commission, NARSAAH, and community members, and the desire for expediency. The model proposed would codify a HAB-appointed CAB in the City’s Municipal Code in the same manner as other City Boards and Commissions. CAB roles and responsibilities are detailed in the attached ordinance (Attachment D). This, plus the creation of CAB bylaws, would serve the same purpose as the Memorandums of Understanding used in other jurisdictions.

Staff recommends an inclusive seven-member CAB to replace the current RAB model.

The proposed CAB would expand traditional RAB membership beyond the HCV program to include other voucher programs like the Continuum of Care (CoC) program, which serves people experiencing homelessness and living with a disability. The CAB would represent all voucher program participants, provide input to HAB staff during the Annual Plan process, and act as an advisory body to the Housing Authority Board.

Initially, the general structure of the CAB, its bylaws, rules, procedures, and meeting requirements would follow the Council-adopted template and the workings of Council’s other advisory bodies, unless certain aspects conflict with the HUD’s federal requirements for the RAB. Once established, the CAB may make recommendations directly to the HAB regarding its operation. CAB meetings would be open to the public, with the requisite public notices and agendas, and SMHA staff attendance would depend on the scope and purpose of the meeting, per the Housing Commission recommendation. All voucher program members would be eligible to apply for a seat on the CAB. The seven CAB members would be appointed by the HAB from the pool of applicants from all voucher programs.

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There are several avenues for inclusivity and self-determination, including through adhoc committees or advisory groups appointed by the CAB, which may focus on various areas of voucher program policy and initiatives within the scope of the 5-Year Plan, Annual Plan and Administrative Plan. Additionally, the CAB may establish time-limited ad hoc committees of CAB-appointed members and voucher participants to formulate reports or recommendations to the CAB on specific topics. Such meetings would not be subject to the Brown Act, but must include less than a quorum of CAB appointed members. The CAB may also form advisory groups made up of CAB-appointed members and voucher participants. Advisory groups would be subject to the Brown Act and meeting rules and procedures.

The HAB would select the two tenant representatives to serve on the Housing Authority Board from amongst the seven current CAB members. Appointments would be for twoyear terms. To meet federal requirements, one of the CAB members and one of the Housing Authority Board members must be from the Section 8 program.

The previous and existing RAB was/is not subject to the Brown Act because the RAB was appointed by SMHA staff for the purpose of providing input directly to staff during the Annual Plan process as recommended by HUD, rather than appointed by the City Council or Housing Authority Board. The creation of a CAB at the direction of the Housing Authority Board (which includes Council) would be subject to the Brown Act.

The Brown Act applies to “legislative Bodies” of local government agencies and includes: the governing body of the local agency (e.g., Council) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision-making or advisory, that is created by formal action of a legislative body (Section 54952).The Brown Act would require any meetings of the CAB to be open and public.

The proposed model includes a $50 per meeting stipend for the seven appointed CAB members for up to four meetings a year. In accordance with City policy, City funds for Boards and Commissions are restricted to supporting Board or Commission-related

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events, dues, memberships, conferences, trainings, and meeting materials and logistics. Staff recommends that, in recognition of their participation, the City offer $50/meeting stipends to the seven appointed CAB members for up to four meetings per year. Modifications to the City’s adopted policy regarding Boards and Commissions would be presented to the Council upon second reading and become effective thirty days thereafter. Existing departmental resources would be re-directed for CAB stipends and meeting support.

Staff corresponded with HUD about the recommended CAB and received positive feedback. HUD reaffirmed that to meet federal requirements for a RAB, the proposed CAB must always include an HCV (Section 8) participant. Additionally, HUD indicated that stipend payments which exceed $200 annually must be reported by voucher participants and would be counted as income. The current staff recommendation that $50 stipends paid to CAB members for up to four CAB meetings annually, would not exceed $200 in annual stipends ($50 x 4 meetings).

A summary of the recommended structure and operation of the proposed RAB/CAB is as follows.

Recommendation Outline for Creating a CAB
Membership
• The CAB would have seven members to represent all
voucher participants.
• Participants in all SMHA voucher programs would be
eligible for membership.
• CAB membership would prioritize having a
representative from each SMHA voucher program if
eligible applicants are available during appointments.
• CAB vacancies would not be held open if no eligible
applicants are available (except for the HCV program
which requires representation per HUD regulations)
during appointments.
• Each member would serve a four-year term.

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Recommendation Outline for Creating a CAB
Appointment Process
• Outreach for CAB membership would be solicited via
mail and email and follow Limited English Proficiency
(LEP) guidelines. Notices would also be placed on
the Housing Office website and in the Santa Monica
Daily Press.
• Application for the CAB would be modeled after the
template used for other City Boards and
Commissions.
• The Housing Authority Board would review
applications and appoint CAB members.

Meeting Model
• Meeting rules and procedures would follow adopted
guidelines for Boards and Commissions.
• Appointed members would receive a stipend of $50
per meeting for up to four meetings per year.
• SMHA staff would participate in at least one annual
meeting to receive input during the Annual Plan
process.
• Staff would host 1-2 workshops annually within the
CAB meeting structure to engage with voucher
participants and inform/educate about mandatory
federal policy versus local, discretionary policy.
• Meetings would be held in accordance with the City’s
forthcoming administrative instructions related to
access and language justice.

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Recommendation Outline for Creating a CAB
Formation and
Operational Structure
• The CAB would be created by amending the City’s
Municipal Code.
• The CAB would act as an advisory body to the
Housing Authority Board, provide input to SMHA staff
during the Annual Plan process, and represent the
SMHA’s voucher population.
• Bylaws would conform to the Council-adopted
template for City Boards and Commissions.
• Roles and responsibilities of CAB and HAB would be
incorporated into the City’s Municipal Code.
• Outreach for the CAB application period would occur
over a four-week period during April/May.
• Applications for CAB would be open in May 2023 for
a four-week period; HAB would agendize
appointments at the next available meeting date.

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Recommendation Outline for Creating a CAB
Staff Resources
& Role
• Staff would post general information (e.g., email
addresses of CAB members, active members, and
formal meeting schedule) about the CAB on the
Housing Office Website.
• Staff would encourage participation in the CAB and
Annual Plan process, via email, mail, at a briefing for new voucher participants, and during the annual
reexamination for existing voucher participants and in
accordance with LEP guidelines.
• Staff would create a designated email address for
each CAB member so voucher participants and the
public can directly correspond or connect with the
CAB.
• Staff would help identify and secure a physical
meeting space for the CAB to meet in person during
the Annual Plan process and for any staff-lead
workshops.
• Staff would conduct a mandatory orientation for CAB
members.
• Additional or redirected organizational and supportive resources would be needed to organize, implement,
attend, and document meeting(s) based on the
Division’s current staffing model. However, proposed
restructuring of the Division would create sufficient
staff resources.

Housing Commission
Role
• The CAB meeting(s) would replace the annual
Housing Commission meeting used as a forum for
voucher participants to provide input for the Annual
Plan process.

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Recommendation Outline for Creating a CAB
Opportunities
• This model provides an opportunity for the CAB to
represent the entire voucher population and convene
multiple times during the year in a forum where other
voucher holders may attend and discuss program
issues.
• The model includes the HAB appointing two of the
seven CAB members as the two tenant
representatives to the Housing Authority Board. The
only requirement is that one representative must be
from the Section 8 program per HUD regulations.

Considerations
• To meet HUD requirements the CAB must always
have at least one Section 8 representative.
• Generally, as a practical matter due to the public
review period, amendments to the Administrative
Plan and Annual Plan are feasible only once a year
during the Annual Plan process.

Housing Commission
The Housing Commission may choose to agendize a discussion about the RAB/CAB at its April 6 meeting and provide input to the HAB in writing and/or during the April 11 meeting during public comment. A draft of this report was provided to the Housing Commission on April 4, 2023.

Next Steps
If the HAB supports the recommendation for the proposed CAB modeled after other Commissions/Boards appointed by Council, staff would coordinate with the Clerk’s Office to open the application process for CAB recruitment in April/May 2023. Staff would directly notify all voucher participants twice within a four-week period and post a notice on the Housing Office website and two in the Santa Monica Daily Press. The application period would be open for four weeks to ensure adequate time for interested

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voucher participants to apply. The application would be modeled after the applications used with other City Boards and Commissions. After the close of the application period, the HAB would consider appointments to the CAB at the Board’s next available meeting date. At that time the HAB would also select the two CAB members to serve on the HAB and consider updates to the Housing Authority’s bylaws. The current Housing Authority bylaws were last adopted in 1974. The timeline anticipates that the CAB would begin meeting in early fall.

Prior to the appointment of the initial CAB, staff would begin to coordinate with the City Attorney and City Clerk’s office to prepare draft bylaws modeled after the template City bylaws for Boards and Commissions adopted by Council. Review and adoption of bylaws would be considered at the CAB’s initial meeting(s).

Environmental Review
The actions contemplated by this report do not constitutes a “project” within the meaning of CEQA because they would not cause either a direct physical change in the environment or reasonably foreseeable change in the environment.

Financial Impacts
There is no immediate financial impact or budget action necessary because of the recommended action. Budgeted resources would be re-directed to support CAB stipends. In order to provide staff support for quarterly CAB meetings, existing HAB staff resources would need to be redirected from current voucher administration and projects. However, staff has developed a proposed restoration and enhancement of the Housing Division for Council consideration during the FY2023-25 Biennial Budget process. If the enhanced Housing Division staffing proposal is approved, the Division would have sufficient staff resources beginning in FY23/24 to support the CAB.

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Prepared By: Patrick Komesu, Sr. Administrative Analyst Approved Forwarded to Council
Attachments:

A. RAB staff rpt 091322
B. Santa Monica Housing Commission RAB Recommendations
C. CAB Formation Ordinance
D. NAR-SAAH Independent Study
E. Written Comments
F. PowerPoint Presentation

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City Council
Housing Authority
Report
City Council Meeting: September 13, 2022
Agenda Item: 7.A
1 of 11
To: Housing Authority, Mayor and City Council
From: Andy Agle, Director, Community Services Department, Housing and Human Services
Subject: Section 8 Resident Advisory Board Approaches
Recommended Action
Staff recommends that the Housing Authority Board review and comment on the current and alternative approaches to achieving Resident Advisory Board input on the Santa Monica Housing Authority Plans, and direct the City Manager to return to City Council following the November 2022 election with actions necessary to implement direction received from City Council or further discussion regarding the alternatives presented, as warranted.

Summary
Each year, the Santa Monica Housing Authority (SMHA) must submit an Annual Plan and any updates to the Administrative Plan to the U.S. Department of Housing and Urban Development (HUD) 75 days before the beginning of July-June fiscal year.

Every five years, the SMHA must also submit to HUD a 5-Year Plan within the same deadline. Together, the 5-year Plan, Annual Plan, and Administrative Plan represent the SMHA Plan (collectively referred to as the Plans). Prior to submission of the Plans, federal regulations require that the SMHA’s Resident Advisory Board (RAB) have an opportunity to provide input on the proposed Plans.

Santa Monica’s RAB consists of all 1,300+ voucher holders whose Housing Choice Vouchers are administered by the SMHA. The current process involves notifying all members of the RAB and inviting direct input on proposed Plans via email/mail/phone.

RAB members also have an opportunity to comment annually during a Housing Commission and Housing Authority Board meeting when the SMHA Plans are Attachment A 11.C.a
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agendized for review and approval. In April 2022, the Housing Authority Board asked staff to present alternative approaches to the RAB input process for consideration. The following report provides background information, key regulations, current compliant practice, and three alternatives, and seeks direction on any desired revisions to the RAB process.

Background
At its April 12, 2022, meeting, the Housing Authority Board directed staff to return with a discussion of options on alternative ways to facilitate RAB input on the Santa Monica Housing Authority Plans. The following report is provided in response to the Housing Authority Board’s direction.

Purpose of Resident Involvement In Public Housing
“The role of a resident council is to improve the quality of life and resident satisfaction and participate in self-help initiatives to enable residents to create a positive living environment for families living in public housing.” (See Title 24 Code of Federal Regulations, Part 964 for more information on tenant participation in public housing.) Given the substantial role a Public Housing Authority (PHA) may play in the life of its public housing residents, federal regulations allow tenants residing in public housing to create resident councils. Many PHAs own and operate public housing and therefore serve as the property owner to the tenants who reside in such housing, as well as the subsidy provider that ensures each tenant’s portion of the rent is affordable. However, other PHAs, such as the Santa Monica Housing Authority (SMHA), do not own or operate public housing and only administer rental-housing voucher programs, such as the Housing Choice Voucher program (commonly known as Section 8), which allow tenants to obtain affordable housing in the broader private housing market. Tenants with vouchers reside in hundreds of privately owned properties located throughout cities and PHAs do not have a role in how such properties are managed and operated, except for ensuring that federal Housing Quality Standards are met through periodic inspections.

Different Ways to Structure Resident Involvement

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PHAs that own and operate public housing may have a resident (tenant) council for each specific public housing property or may have a jurisdiction-wide resident council to represent tenants of several public housing properties within a PHA’s jurisdiction. Since the SMHA does not own or operate public housing, it is referred to as ‘voucher-only’ PHA, and regulations regarding resident councils are not applicable to the SMHA.

While voucher-only PHAs do not have resident councils, they must have a Resident Advisory Board to allow an opportunity for input into the PHA plan. (See 24 CFR 903 for more information on PHA Plans.)
Key federal regulations regarding the role of a RAB are as follows (24 CFR 903.13):
• “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.” • “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 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.” • “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.”
• “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.” The purpose of the RAB is to provide input to SMHA staff regarding the PHA Plan for consideration prior to staff presenting recommendations to the Housing Authority Board,

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the governing body of the Housing Authority. Typically, the SMHA receives input from only a few voucher program participants, if any, although it is common to receives input from the Legal Aid Foundation of Los Angeles, based on their experiences in representing voucher-program participants.

Public Housing Authority Plan
The PHA Plan is a comprehensive guide to PHAs goals and objectives, as well as operational policies implementing the Housing Choice Voucher (HCV) program. There are two initial components to the PHA Plan - the 5-Year Plan and the Annual Plan. The 5-Year Plan must be approved once every fifth fiscal year, and the Annual Plan, every year, 75 days before the start of the fiscal year.

Since the SMHA is a ‘voucher-only PHA’ and uses a three-page streamlined Annual Plan form per federal requirements, the complete policies and procedures for administering the HCV program are detailed within 17 chapters of the SMHAs Administrative Plan, the third component of the PHA Plan. The HCV program is a highly regulated federal program (see Title 24 of the Code of Federal Regulations, part 982) involving these aspects:
1) waitlist administration
2) initial program eligibility
3) annual recertification
4) Housing Quality Standards and periodic inspections
5) document verification hierarchy
6) annual income calculations
7) subsidy limits
8) appeals
9) terminations
10) monthly and annual reporting

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Therefore, PHAs have limited discretion in forming local policies and procedures.

Subsequently, the SMHA’s Administrative Plan includes a combination of federally established regulations and a few local, discretionary approaches to administering the HCV program where allowed. For example, PHAs must adhere to the federal regulations regarding admittance to the program, ongoing eligibility, periodic inspections, and maximum subsidy limits, but can exercise local discretion in prioritizing certain applicant groups, allocating vouchers to specific properties (known as projectbased vouchers), and selecting models to comply with maximum subsidy amounts.

Evolution of SM RAB Approaches
Given that the SMHA does not own or operate any publicly owned housing, there are no resident (tenant) councils that comply with the tenant-participation regulations under the tenant-based assistance program. Therefore, voucher-only PHAs have discretion in the RAB appointment process.

Federal regulations and HUD guidance provide local PHAs broad discretion in the formation of the RAB, as follows: “Section 8-only PHAs have discretion in the RAB appointment process. Participation in a RAB is limited to residents that are assisted under federally assisted public housing and the Section 8 tenant-based program.” Also:
“PHAs have discretion in determining the method of appointment of RABs, as long as a PHA ensures that its RAB or RABs reflect and represent all the residents assisted by the PHA.”
Prior to 2020, the U.S. Department of Housing and Urban Development (HUD) recognized the Housing Commission as representing the function of a RAB due to its inclusion of two voucher program participants, monthly meetings, annual review and input to the PHA plan, and role as an advisory body to the City Council, which periodically convenes as the governing body of the SMHA, known as the Housing Authority Board.

In early 2020, the SMHA staff selected a seven-member RAB, consistent with HUD written guidance that personal appeals are a strategy that may be more likely to obtain commitments from program participants to serve on the RAB.

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In March 2021, the SMHA expanded the RAB to include all 1,300+ Section 8 program participants (i.e., HCV participants). (Note that the SMHA administers other voucher programs, and those participants are included in all noticing of opportunities to comment on the SMHA plans but are not considered part of the RAB.) The decision to expand the RAB was made after discussion with the local HUD field office about RAB models used by other housing authorities. Another consideration was concern from some community members that a RAB selected by staff was not transparent. Among two general models, one model limits the RAB to a closed group of HCV participant representatives and the other model includes all HCV participants. SMHA currently uses the more inclusive option, which allows for participation by all HCV participants.

Discussion
Current RAB approach and Input Opportunities
The RAB currently includes all 1,300+ participants in the HCV program and is consulted annually regarding the SMHA plan and any time significant revisions to the plan are proposed. SMHA’s Plan is available online year-round on the City’s website, consisting of the 5-year Plan, the Annual Plan, and the Administrative Plan. In a typical year, the proposed SMHA Annual Plan (a streamlined, 3-page federal form) and Administrative Plan (containing federally established policies and some local discretionary policies) are posted for a 45-day public review period. As mentioned earlier in this report, given the highly regulated nature of the HCV program, opportunities for the local SMHA to create discretionary policies are limited in scope.

All SMHA program participants, including the RAB (which consists only of HCV participants), are directly notified annually via email and mail and are encouraged to provide input regarding each year’s Annual Plan and Administrative Plan. Typically, there may be no proposed changes to the Annual Plan and minor proposed changes to the Administrative Plan to enhance voucher household opportunities and clarify policies.

Some years there may be no proposed changes to the Annual and Administrative Plans, but HUD still requires the public review and Housing Authority Board approval process to occur. The notification to program participants describes the process for submitting feedback, allowing for various formats including email, paper mail, and/or

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telephone, as well as public meetings of the Housing Commission and City Council (meeting as the Housing Authority Board).

The current model of the RAB and the methods of input reflect a simple feedback loop between the RAB and SMHA staff in which attendance at (usually evening) meetings is not required. Additional opportunities for input at public meetings are also provided.

The following summarized the current approach:

1. Email/mail/phone feedback method respects the privacy of participants not comfortable exposing their program participation in a public setting, or who may have obligations which conflict with attending meetings.

2. Housing Commission meetings are also held to receive public input on the SMHA plans and RAB members (and all voucher program participants) are notified of the opportunity to attend the Housing Commission meeting and provide input.

3. Housing Authority Board (HAB) meetings where the proposed SMHA plans are considered and RAB members, as well as the broader public, may provide input.

It should be noted that the SMHA is required by federal regulations to recognize and address recommendations made by RAB members, whether such recommendations come from an individual or a group.

The following table summarizes requirements regarding the RAB and describes how compliance is currently being achieved by the SMHA:

RAB Requirement Current Compliant Approach
PHAs have discretion in determining the
method of appointment of RABs, as long as a
PHA ensures that its RAB or RABs reflect
and represent all the residents assisted by
the PHA. Participation in a RAB is limited to
residents that are assisted under federally
assisted public housing and the Section 8
tenant-based program.

All SMHA participants in the Section 8
(officially known as the Housing Choice
Voucher program) have been appointed as
RAB members, allowing for the broadest
possible inclusion of voucher residents in the
RAB.

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RAB Requirement Current Compliant Approach
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.

All SMHA RAB members are provided both
discreet (via email/mail/phone) and public
opportunities (Housing Commission and
Housing Authority Board) to provide input and
make recommendations regarding the PHA
plan and proposed modifications.

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 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.

SMHA Plans (5-Year Plan, Annual Plan,
and Administrative Plan) are available
online year-round.

City website has additional information
about SMHA programs.

RAB and assisted families are one in the
same, and not distinct groups.

RAB consists of all HCV assisted families
and are invited to an annual meeting
hosted by the Housing Commission as a
forum for providing input, which must be
considered by SMHA staff and
communicated to the Housing Authority
Board (HAB) prior to the HABs review and
approval of the proposed SMHA plans.

HUD has approved the current SMHA
approach to the RAB as in compliance
because RAB members are provided
opportunities for input on the SMHA plans.

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.

When presenting the final, proposed SMHA
plans to the Housing Authority Board and to
HUD for consideration and approval, the
SMHA includes both summary and verbatim
feedback and recommendations from the
RAB.

Alternative to Current RAB Input Process
While the current RAB approach and process has been approved by HUD, some community members have requested that the City take additional steps to facilitate a more robust RAB process. Examples of suggestions include an opportunity for the RAB membership to meet as a group, discuss issues, and make recommendations to the SMHA. Although the role of the RAB is to provide input on the PHA Plans, a process which occurs annually, some community members have also suggested that multiple

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RAB meetings per year, such as quarterly, could improve the exchange of information among voucher program participants as well as comprehension about SMHA policies.

The three options described below and further detailed in Attachment A represent possible alternatives for Council consideration and direction regarding approaches to conducting RAB meetings and formation, in the order of least to most resourceintensive.

Existing staffing resources are available to facilitate a virtual opt-in communication channel (Option 1) or a virtual annual RAB meeting in place of the RAB’s annual opportunity to provide feedback at a Housing Commission meeting (Option 2). Should Council desire Option 3 or a different approach not mentioned in this report, additional resources or direction to divert existing resources from current affordable housing priorities would be needed.

Option 1 - Facilitate Opportunities for RAB Members to Meet Virtually and Independently of SMHA
A virtual communication channel to facilitate group communication could be created as an informational forum for RAB members, who voluntarily opt-in, to converse in general about voucher program issues. This option would create an email group (e.g., LISTSERV) to provide opportunities for participants to schedule in-person or virtual meet-up groups. The communication channel could serve as a springboard to other types of connections. Once formed, participating RAB members would be responsible for the manner and frequency in which to communicate and/or convene (virtually, inperson, hybrid) without SMHA involvement.

Option 2 - SMHA Organizes and Supports Virtual Annual RAB Workshop Staff would organize and conduct an annual RAB workshop, in-lieu of the traditional annual Housing Commission forum for feedback on the SMHA Plans. Option 1 could also be implemented to complement this Option 2. The next SMHA Annual Plan cycle begins in early 2023, so with Council direction to proceed with Option 2, the next annual RAB workshop could occur in February 2023.

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Option 3 - Council-Appointed RAB Which Meets Quarterly
Council would appoint a subset of HCV participants to a RAB to represent all 1,300+ HCV participants and staff would then organize and support quarterly RAB meetings. (A few community members have suggested quarterly meetings.) Before this option could be implemented, staff would return to Council at mid-year to recommend specifics regarding Council appointment of the RAB, RAB operations, and staff resources necessary for implementation. However, as the next SMHA Annual Plan cycle begins in early 2023, staff would continue the existing approach to RAB input involving direct communication between SMHA staff and the 1,300+ RAB members during February.

Additionally, with Council direction, staff would implement the Option 1 approach of creating a group-level communication forum for interested parties to opt-in, to allow participants to convene and collaborate prior to the 2023 SMHA Annual Plan input process.

See also Attachment A for further details regarding resources, implementation, opportunities, and considerations associated with each of the three options.

Other Considerations
In considering alternative methods to the existing formation and input opportunities of the RAB, Council may wish to wait for the outcome of the November 2022 election, as one of the ballot initiatives, if adopted, would generate funding for affordable housing programs and require a resident oversight committee. Given the existing RAB and the Housing Commission, and the possibility of a new resident oversight committee, there may be a convergence of affordable housing issues and policy that fall under the various bodies. An opportunity would then exist to clearly identify the roles and scope of the various bodies, the existing and necessary human and capital resources to adequately function, and the corresponding required budget actions.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Options 1 and 2 can be implemented with currently budgeted resources. Staff will return to Council if specific budget actions are required in the future

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associated with resources necessary to implement Option 3 or other Council-directed processes for RAB input.

Prepared By: Jim Kemper, Housing Program Manager
Approved Forwarded to Council
Attachments:

A. Alternative Approaches for SMHA Resident Advisory Board Input Process B. Written Comments

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Packet Pg. 1279 Attachment: RAB staff rpt 091322 [Revision 2] (5644 : RAB Update to Council) Santa Monica Housing Commission
RAB Recommendations
Adopted 1 September 2022 by unanimous vote of all Commissioners present After considerable individual research, including RAB configurations, bylaws, and practices in other jurisdictions; trauma-informed community engagement; and consultation with attorneys from nonprofit Poverty and Race Research Action Council (PRRAC) and National Housing Law Project (NHLP); as well as extensive input by Santa Monica Housing Authority program participants and other local residents; review of relevant Housing Authority staff report and recommendations; and extensive public discussion; the Santa Monica Housing Commission unanimously recommends the following to best support and empower Housing Authority program participants to exercise their federal right to self-representation:

1. The Housing Authority Board agrees to establish a Client Advisory Board (CAB) that represents all Housing Authority program participants, including Continuum of Care, HOME, Emergency, project-based HCV, and other voucher holders, in addition to tenant-based HCV holders, in compliance with 24 CFR § 903.13(a), which states "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."

2. The CAB be composed of 7-15 Housing Authority clients, with the inclusion of at least one member from each major federally funded Housing Authority program

3. Program participants collectively decide for themselves how CAB members are chosen, CAB meeting frequency, content of CAB bylaws, and who will represent the CAB on the Housing Authority Board (including at least one tenant-based voucher holder, as required by federal regulation)

4. SMHA Board directs staff to immediately schedule an initial hybrid CAB meeting and mail notice of this meeting to all 1600+ Housing Authority program participant households. Notices should be written in English and Spanish, with options to request translation in additional languages, to ensure recipients’ understanding. Notices should be sent by physical mail, and additionally by email to clients who have also provided an email address

5. All CAB meetings be public and agendized and staff notify all SMHA program participants by both mail and email in sufficient advance

6. CAB members hold special or subcommittee meetings as needed In addition to regular meetings

7. The drafting and adoption of a Memorandum of Understanding between the CAB and SMHA Board, to be incorporated into the Housing Authority Board bylaws by reference and the Administrative Plan in its entirety

8. CAB bylaws be included in the Housing Authority Administrative Plan Item 7.A
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Attachment B 11.C.b
Packet Pg. 1280 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council)

9. SMHA use federal funds allocated for administrative costs to pay for the CAB communications detailed below*, basic administrative costs, and possible relevant educational and training opportunities

10.The CAB, once established, proposes an annual budget for approval by the Housing Authority Board. An initial budget may be estimated before the first CAB meeting based on the cost of the Housing Commission recommendations

11. Each CAB member receives a $50 stipend for each CAB meeting attended

12.Staff advise all clients and the CAB about all regular timelines for the Housing Authority planning process to ensure maximum participation

13.In future, CAB members periodically invite Housing Authority staff to provide educational presentations on the Annual, Administrative, and 5-Year Plans as needed

14.The Housing Commission has created an ad hoc CAB Subcommittee to provide input and guidance to Housing Authority clients as needed while they form the CAB. We also recommend extending invitations to Denise McGranahan of LAFLA, Darryn Mumphery of the Poverty and Race Research Action Council (PRRAC), Bridgett Simmons of the National Housing Law Project (NHLP), and other independent and knowledgeable people or groups to attend the first CAB meeting and act as resources to clients while they make initial CAB decisions
*Detailed recommendations for independent and fully accessible communications:

A. Dedicated phone number with TDD & TTY accessibility and outgoing messaging that will be recorded and maintained by the CAB
B. Physical city mailbox for written correspondence
C. CAB materials in all new client onboarding, including new and ported vouchers D. Continuing city email addresses for Housing Authority Board members E. All mailings to SMHA clients translated in their preferred languages F. Translation support at CAB meetings as needed
G. Occasional translator support for outgoing phone messages H. Physical and digital mailings to all SMHA participants to notify them of CAB meetings in sufficient advance
I. Surveys sent 2x/year to all SMHA clients for the first two years and annually thereafter
J. Occasional staff presentations at CAB meetings, by invitation, to inform CAB about the Annual, Administrative, and 5 Year Plans
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Packet Pg. 1281 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) Notes on CAB costs and funding
The Housing Commission's recommendations involve three primary expense categories:
stipends, communications, and existing City infrastructure. ● Stipends would cost $350-750 per meeting for 7-15 CAB members ● Total listed communications, excluding initial website creation and existing city infrastructure, would cost approximately $590-775 per year ● Changing current staff mass mailing practices could dramatically reduce cost Federal funds are available to pay for all CAB related expenses.

Note on staff support
By design, these Housing Commission recommendations rely on minimal staff support.

Submitted by Michelle Gray, Santa Monica Housing Commission Chair, on 13 September 2022 via written public comment
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Packet Pg. 1282 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 1 Vernice Hankins
From: Ryan Bell <[email protected]>
Sent: Tuesday, September 13, 2022 10:09 AM
To: councilmtgitems; Sue Himmelrich; Kristin McCowan; Christine Parra; Phil Brock; Oscar de la Torre; Lana Negrete; Gleam Davis; David White
Subject: Input re Resident Advisory Board (RAB)

EXTERNAL
Dear Santa Monica Housing Authority Board and SMHA Executive Director White, This letter is being submitted in support of the Santa Monica Housing Commission’s recommendations for the formation of the Santa Monica Client Advisory Board (CAB).

Tenants Together is a statewide coalition of local tenant organizations dedicated to defending and advancing the rights of California tenants to safe, decent, and affordable housing. As California’s only statewide renters’ rights organization, Tenants Together works to improve the lives of California’s tenants by supporting local groups like those in Santa Monica. Tenants Together seeks to support and strengthen the statewide movement for renters’ rights.

As such, Tenants Together recognizes the importance of meaningful Housing Authority client representation and recommend that such representation be as independent and self-directed as possible.

Our organization urges the Santa Monica Housing Authority Board to adopt the CAB recommendations that will be presented by the Santa Monica Housing Commission on September 13, 2022.

Sincerely,
Ryan Bell
________________________________
Ryan Bell - he/him
Southern California Regional Coordinator
Tenants Together
323.313.4035
www.tenantstogether.org
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Packet Pg. 1283 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 1 Vernice Hankins
From: Deborah Lynch <[email protected]>
Sent: Tuesday, September 13, 2022 11:17 AM
To: councilmtgitems; Theresa Marasco; Michelle Gray
Subject: 9/13/2022 Council Meeting Request for Presentation/Addressing the members

EXTERNAL
Please accept this request for time to address the meeting attendees for the Housing Commissions recommendations for a separate CAB (RAB) , and to add a few comments which I think are necessary.

Please know that I am also hoping to be a member of the first CAB, and hope to be an active and productive constituent of positive, incremental change for all tenants whom are voucher holders within the City of Santa Monica.

Three Primary Issues I wish to address:
1) To create a CAB to be functional within 1 months’ time to avoid further delays in addressing specific tenant requirements, questions regarding their vouchers, and enhanced representation within annual administrative and the 5 year planning process  with the S.M. Housing Authority Program; 2) The need to address completely and in it’s entirety the difference of the CoC voucher (Continuum of Care) and standard voucher and what additional benefits this voucher provides as well as how to access those benefits as needed and without undue delay;
3) The desire and ultimate need to enact (or re‐enact) the provision for home ownership thru the S.M. voucher program – this is a humongous asset NOT be wasting and it is my understanding that the funds are available thru the Federal government for the housing program and indeed, already been distributed to those Cities….. why are we not using those funds?  Cost is not a factor!
Thanking you in advance for considering my request for addressing the audience and the Board in the very important matter.

Sincerely,
Deborah Lynch
(310) 869‐6472
Sent from Mail for Windows
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Packet Pg. 1284 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 1 Vernice Hankins
From: Michael Louis <[email protected]> Sent: Tuesday, September 13, 2022 11:45 AM
To: councilmtgitems; Sue Himmelrich; Christine Parra; Gleam Davis; Kristin McCowan; Oscar de la Torre; Phil Brock
Subject: Agenda Item 7.A: Section 8 Resident Advisory Board Approaches - City Council Meeting: September 13, 2022

EXTERNAL
Dear Mayor Himmelrich, Councilmembers, Santa Monica Housing Authority Board As board members, you have critically important choices to make tonight. Simply put, this item asks that you distinguish (and choose) between two concepts: 1. the human right of self-determination and selfrepresentation (for the poor, disabled, elderly, and working class), and 2. the human need to control, to further marginalize and disenfranchise these groups.

We all know which choice we say we prefer, in public. But how do we act when it comes time to walk the walk?
In my opinion, individuals who qualify (or will qualify) for federally subsidized housing and those clients who currently reside in such housing, do not seek or need sympathy from City Staff or Housing Authority Board for their hardship or life situation. They need action. They do not seek or need empathy or performative platitudes offered with the best of intentions from a distance — from the City staff offices or from the dais during Housing Authority Board/City Council Meetings. They need compassionate action. They need public officials and government employees to meet them where they are, as unique individuals. In need of self-representation. Not where Santa Monica City officials and many other governments across this land have historically left these groups. Without a voice. Without a unified voice and self-representation.

The human right to self-determination and self-representation along with the human right to independence and autonomy form the foundation of what we call a participatory democracy. Those who benefit from such a system have their agency recognized and nurtured. Their health, well-being, and life situation can stabilize or improve because they are valued as human beings. They are treated with dignity and respect.

As stated in the staff report for this item, the Housing Authority Board directed City staff to return with a discussion of options on alternative ways to facilitate Resident Advisory Board (RAB) input on the Santa Monica Housing Authority Plans. City staff’s report created in response to this Housing Authority Board’s direction came up with three options.

First, the report states: “Purpose of Resident Involvement In Public Housing ‘The role of a resident council is to improve the quality of life and resident satisfaction and participate in self-help initiatives to enable residents to create a positive living environment for families living in public housing.” (See Title 24 Code of Federal Regulations)”. This purpose of resident involvement would no doubt apply to all federal housing program participant representative bodies. Including the RAB.

Staff Option 1 - Facilitate Opportunities for RAB Members to Meet Virtually and Independently of SMHA Staff Option 2 - SMHA Organizes and Supports Virtual Annual RAB Workshop Staff Option 3 - Council-Appointed RAB Which Meets Quarterly Item 7.A
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Packet Pg. 1285 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 2 Options 2 and 3 involve unnecessary and intrusive City government engagement and entanglement. These options should be immediately taken off the table, and are frankly absurd given City staff’s historical animosity, resistance, and outright intransigence to allowing the formation of a fully functioning, independent and autonomous RAB. Meaning not a RAB that exists only on paper.

Choosing option 2 or 3 would be analogous in many respects to a situation where the first-ever Amazon Labor Union (ALU), formed in 2021, would require the Amazon Executive Board and perhaps Jeff Bazos himself to be involved in “Organizing and Supporting Virtual Annual Employee Workshop” (Option 2) and the Amazon Executive Board and perhaps Jeff Bazos himself would be “Appointing Employee Union Representatives Which Meets Quarterly” (Option 3). While the RAB is clearly far from a “labor union”, it is a consumer union of sorts. Or it is intended to function like one in many respects.

Choosing Option 2 or 3 or anything else that resembles them, is essentially a form of union busting. This is obvious to anyone in the public or in public office who examines these issues in good faith. I believe that choosing Option 1 along with the following Housing Commission recommendations would be the best choice.

Below are my recommendations and discussion items, many of which are informed by and/or shared with those of the Housing Commission. Most, if not all of them are supported by a large number of RAB members, other Federal Housing Programs participants, and members of the public I have met informally with, as well as those I have watched while attending Housing Commission meetings. This is especially the case for the most recent meeting on 9/1/22, where the formation of a fully functioning independent RAB was a main topic. This historic and unprecedented meeting was attended by approximately 60 individuals — many of them RAB members. It was truely an inspiring evening.

1. The RAB: Optimal Participation, Independence, Inclusivity, Access, Representation a. Everything must be done, all the stops pulled out to ensure that the greatest amount of participation, access, and inclusivity will occur. Many US cities are trending in this direction.

HUD is encouraging and enabling this trend. The City of Santa Monica, which considers itself rather progressive and regularly promotes and celebrates diversity, should follow suit. Better put, it should lead other cities in the right direction. b. Fundamental recommendations of the Housing Commission (among others found in this public comment) are as follows:
i) that the RAB be as independent of City staff as humanly possible. ii) that there will be absolutely minimal staff involvement, in other words by invitation only. iii) support from the City will be limited to assistance with things such as access to translators, mailings and other functional/logistical supports to be determined by the RAB. iii) that staff will be welcome to show up to meetings a couple of times a year (by invitation) — perhaps more often — to explain various salient matters related to the RAB. c.
d.

2. Widening the Scope and Diversity of Federal Housing Program Participation . The Housing Commission recommends that the RAB include all federal housing program participants, within a larger more inclusive tent, not just limited to tenant-based Housing Choice voucher holders.
a. Federal housing program participants and RAB members have expressed resounding support for widening the umbrella.
b. It is crucial that the Housing Authority Board direct staff to schedule a RAB meeting immediately. It is recommended that invitations be sent out expeditiously so that interested clients can all meet for the first time, as soon as possible.

3. City Staff has a long history of either incompetence or intentional neglect or both, when it comes to facilitating the formation of a fully functional, independent RAB ( not just a RAB on paper). City staff should not be allowed to usurp/replace/undermine the authority of the Housing Commission in its crucial representation of stakeholders. The Housing Commission’s mandate is to advise the Housing Authority.

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Packet Pg. 1286 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 3 a. It is evident that even by the current recommendations of staff, the City staff remain far out of touch with the clients’ actual needs.
b. Staff is responsible for years of problems and non-responsiveness to the needs of voucher holders.
c. After decades of lack of self-representation for clients, it’s inappropriate for Staff to be the ones making recommendations when their previous judgment has been so poor, and they have been so inaccessible, disconnected, and out of touch.
d. The authoritative source of recommendations to the Housing Authority is the Housing Commission. Not the staff. Santa Monica City staff has a whole history of bad decisions, especially with regard to RAB formation. Unfortunately, they are currently defending those bad decisions.
e. City staff has essentially no contact with clients. The Housing Commission, on the other hand, historically (for years, very often monthly and especially recently), has been actively engaged with clients. The Housing Commission has gone out of its way to solicit input directly and with candor from the clients. And every recommendation of the Housing Commission is informed by a genuine concern for what the clients actually need and want. f. With staff options 2 and 3, staff is clearly attempting to circumvent the Housing Commission — take them out of the review process. These last two options appear designed to simply get input all in one place and at the same time so that the Housing Commission will no longer participate in the Housing Authority planning process. This is extraordinarily problematic on so many levels. g. Staff is trying to conflate these two bodies, their jurisdictions and purviews. These are two distinct public bodies. Staff trying to cut the Housing Commission out of proceedings is just another way to disenfranchise, exclude, and sideline more housing clients. h. Merriam-webster defines disenfranchise as “broadly signifying depriving someone of any of a number of legal rights, it is most often used today of withholding the right to vote, or of the diminished social or political status of a marginalized group. [Also,] to deprive of some privilege or immunity; especially to deprive of the right to vote; disenfranchising the poor and elderly. If the Housing Commission is removed from the equation these groups are exactly who will be disenfranchised, sidelined, and excluded.
i. Anyone who is genuinely working in good faith should welcome all the work the Housing Commission has done and is set to do, regarding the RAB, and their good faith interactions with federal housing program participants. But it is clear City staff are still trying to minimize the participation of program participants (and the Housing Commission) in general, by saying IF we get a couple of people who are clients, then the Housing Commission doesn’t have to weigh in anymore. This is extremely problematic. Generally speaking, City staff employees are not reliable narrators for this highly nuanced cause. They are not appropriate sources of recommendations.

4. It is inappropriate at the very least and unlawful at most, that the Staff Report and recommendations for this item include political speech concerning an upcoming election regarding a ballot measure. This might be considered a form of electioneering. Although the law allows for some exceptions (for purely informational purposes, for example), a public official may not promote or try to influence the outcome of a ballot measure or candidate’s election, if that dissemination of information is conducted in the capacity of or during the course of work as a public official.
. Staff’s brief recommendation is essentially to postpone the forming of the RAB (or engagement in the necessary preparatory steps) until after the November election. a. Staff’s supporting reason: if the ballot initiative passes, staff could provide housing funds to support RAB efforts. And this could affect how the RAB forms and operates. Simply, this is staff repeating a political talking point. This is inappropriate in the context of a staff report and it is a ridiculous foundation for recommendations that affect thousands of Santa Monicans who’ve been waiting for 22 years to be able to exercise the right to self-representation. b. The formation of the RAB has nothing to do with this election year or a ballot measure. This has to do with the RAB only. For City Staff to try to mix it in with an election year, it gives the appearance that staff has its own agenda. That staff has a plan separate and apart for what is best for RAB members and the formation of a fully functioning independent RAB Item 7.A
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Packet Pg. 1287 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 4 c. City staff or any public official who will not allow or promote RAB independent selfrepresentation and self-determination are hiding behind process arguments. This is similar in some ways to when Republicans in Congress would not allow a Supreme court confirmation hearing for Merrick Garland, just because it was to occur in the same election year. So, why would City staff use a process argument? Perhaps it is because they have run out of stalling tactics and other tricks in order to prevent the formation of a fully functioning, fully independent RAB.
d. Staff unnecessarily gave a plug for the ballot measure and used it as a tool to delay any action on the RAB. It is not only political speech, but it is also irrelevant because this involves people participating in federal housing programs. This participation is regulated by something entirely different. It has nothing to do with what is happening locally. e. This inappropriate political speech demonstrates what we advocates have been saying for years about City staff bias, especially with regard to the formation of the RAB. That staff has a strong tendency to insert themselves into having their own agendas that are in conflict with sound public policy and the spirit of participatory democracy. And again, this is also completely irrelevant because the issue at hand concerns federal programs and federal money.

It is worth reaffirming what has been mentioned in numerous public comments submitted by advocates to this Housing Authority Board, City Council, and past Housing Commissions — that this RAB is 20+ years overdue and there has been vigorous advocacy for the past almost 3 years. The Housing Authority Board and City of Santa Monica need to move on this. The time to act is now.

Thank you for considering my public input.

Michael Louis
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Packet Pg. 1288 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 1 Vernice Hankins
From: OZ <[email protected]>
Sent: Tuesday, September 13, 2022 12:02 PM
To: councilmtgitems
Cc: Lana Negrete
Subject: 7-A (RAB) public comment
Attachments: PRRAC NHLP policy brief.pdf

EXTERNAL
This email, and the attachment, constitute my public input to item 7-A at the 9/13/22 meeting of the SMHAB.

I urge the SMHAB to support the Housing Commission's well vetted recommendations regarding the formation of an autonomous, robust Resident Advisory Board that includes representatives of all the federally subsidized housing programs administered by the Santa Monica Housing Authority, with minimal staff involvement or and with zero impact on the City's budget. A proposed name would be "CAB," which stands for Client Advisory Board.

Here are the highlights of the recommendations:
a) RAB/CAB an entirely autonomous body, independent of staff, SMHAB, Housing Commission or any other city committee.
b) CAB includes solely participants of federally funded housing programs, and has anarrow jurisdiction that pertains to those federally funded programs, therefore cannot be combined with, or conflated with any other housing related city board or committee. c) CAB includes representatives from all major federally funded programs administered by SMHA, not just tenant-based Housing Choice Voucher holders. Therefore the CAB would include Continuum of Care representatives, HOME program participants and representatives of project-based Housing Choice Voucher holders. It makes sense for the CAB to be inclusive of all the federally funded programs administered by SMHA.
d) no city budget needed. Federal Housing Authority admin fees are supposed to be used for the CAB, plus soon there will be designated HUD funding for the RABs (there's advocacy at the federal level now via Congressman Andy Levin and PRRAC – Poverty and Race Research Advocacy Council and the National Housing Law Project). See the attached policy brief. https://www.prrac.org/expanding-federal-support-for-tenant-organizing-in-federally-assisted-housingand-the-housing-choice-voucher-program-february-2022/ d. minimal staff time involvement (mostly to facilitate communications, which is actually already REQUIRED by HUD's RAB guidelines). Staff will be asked to send out notices of CAB meetings, provide translation if needed, from time to time present to CAB on the proposed Admin Plan changes or parts of the Admin Plan – by CAB invitation only.

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Packet Pg. 1289 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 2 e. MOU - Memorandum of Understanding between SMHA and CAB will serve as a document that spells out each party's responsibilities and duties. This was recommended by two specialized attorneys from PRRAC and NHLP. MOUs are very common in federally subsidized tenant participation.

I urge the SMHAB to support the Housing Commission recommendations and to direct staff to use Housing Commission recommendations as guidance for facilitating the formation of an autonomous CAB, including a direction for the staff to immediately notice the very first formal meeting of the Santa Monica CAB.

A notice of such a meeting should go out to all 1,677 voucher households by snail mail and by email if the family provided an email address.

At this meeting CAB will discuss more details on how they want to organize themselves (with Housing Commission subcommittee being available to CAB during this meeting as a resource, and reps from PRRAC, NHLP and LAFLA SM – also as a resource only). CAB will then start working on a proposed MOU to be presented to SMHAB at a later date to formalize and codify the CAB.

Participants of the SMHA-administered federally funded housing program have been waiting for this for DECADES, during which time the Santa Monica Housing Commission was violating federal regulations mandating at the very least a RAB.

Regards,
Olga Zurawska
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Packet Pg. 1290 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 1 Vernice Hankins
From: Theresa Marasco <[email protected]>
Sent: Tuesday, September 13, 2022 12:03 PM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Kristin McCowan; Gleam Davis; Sue Himmelrich; David White
Subject: Public Input - 9/13/2022 City Council Agenda Item 7A

EXTERNAL
Date: September 13, 2022
Subject: City of Santa Monica City Council Meeting September 13, 2022 Re: Public Comment - Agenda Item 7. STUDY SESSION SPECIAL JOINT MEETING OF THE CITY COUNCIL

AND HOUSING AUTHORITY
A.Section 8 Resident Advisory Board Approaches
Dear Santa Monica Housing Authority Board; and Santa Monica Housing Authority Executive Director, David White:

First, I want to be clear that even though I am the Vice Chair of the Housing Commission, I am commenting as a person of the public, but more importantly, I am commenting as an actual RAB member and someone who has been a Housing Choice Voucher holder for more than 27 years.

I could go into great detail about the fact that the City of Santa Monica’s Housing Authority has not taken steps to ensure that there is an active, engaged, robust, well-informed Resident Advisory Board, but I and many others have done that over and over for the last 5 years only to be ignored. Real simple, there has NEVER been a real Resident Advisory Board in the City of Santa Monica.

Regardless of the justifications and misleading statements in the “staff report,” the clients of the Santa Monica Housing Authority have never had a real opportunity to meet and organize to respond collectively regarding the Annual and Administrative Plans. The voices of over 1,600 voucher holders in the city have NEVER been allowed to be heard. For over 22 years, the City of Santa Monica has been out of compliance with HUD’s federal mandate to provide us with the resources we need to be active and engaged such as a place to meet, a Zoom account to hold meetings in a hybrid setting, a website to provide information to the clients of the SMHA and have refused to allow us to choose our own leadership.

I respectfully request that the SMHAB vote to immediately create a CAB or Client Advisory Board to include all clients of the SMHA asap.

I am now requesting that the SMHAB do the following:

1. Adopt the recommendations of the Housing Commission that were voted on and approved by all present Housing Commissioners and the 66 people who attended the September 1, 2022, Housing Commission meeting

2. Immediately schedule 1st CAB meeting for 4-6 weeks from now

3. Mail meeting notice to all 1600+ HA clients, with translations (Housing Commission CAB Subcommittee can write the letter)

4. Take Housing Commission recommendations as direction for how to proceed, beginning with a meeting and letters to go out to all 1600 + SMHA clients
Thank you for your time and consideration.

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Packet Pg. 1291 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) 2 To help protect y
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picture from the
Very truly yours,
Theresa H. Marasco
(720) 226-4051
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Packet Pg. 1292 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) Expanding Federal Support for Tenant Organizing in Federally Assisted Housing and the Housing Choice Voucher Program February 2022
The federal government, through the Department of Housing and Urban Development (HUD), provides legal protection and financial support for tenant organizing in several of HUD’s housing programs. Unfortunately, the housing choice voucher (HCV) program lacks the same organizing protections, creating uneven tenant protections throughout HUD’s housing programs. The right to organize has long been viewed as a key component of successful HUD housing programs. HUD directs Public Housing Authorities (PHAs) and private owners to support tenant organizing by acknowledging tenant organizations, responding to their advocacy efforts, and, in some cases, provide funding. HUD’s regulations also protect tenants in HUD assisted multi-family housing against retaliatory evictions for organizing.1
Voucher participants should have a right to organize, just as HUD has provided in the public housing and project-based rental assistance housing programs. HUD should promulgate tenant organizing regulations for the HCV program that allow for the greatest flexibility and have the lowest barriers to organizing. Additionally, HUD should fund voucher tenant organizing activities, as it has done for public housing tenants, but in a more consistent and meaningful way.

Federal Protections for Tenant Organizing – Public Housing Public housing tenants have a right to organize under 24 CFR § 964.11.2 This regulation establishes that any Public Housing Authority (PHA) that has a Public Housing Annual Contributions Contract (ACC) must recognize tenants’ right to organize, elect a resident council representing their interests, and have that resident council recognized by the PHA.3 The regulation encourages PHAs to collaborate with the elected residents to improve the community overall.

Under 24 CFR pt. 964, resident councils must be structured according to the statute for the organization to be considered legitimate. Members must be elected, and the council must create and adopt some sort of written procedures (like bylaws or a constitution) for governance.4 Resident councils can be comprised of members from one community, meaning multiple resident councils can exist within a PHA. These councils can represent a property or be city-wide.5 1 Dep’t of Hous. and Urban Dev., Revision of Tenant Participation Requirements in Accordance with 24 CFR Part 245 at 5-8 (Mar. 31, 2016), https://www.hud.gov/sites/documents/16-05HSGN.PDF. 2 24 CFR § 964.11. 3 24 CFR § 964.11. 24 CFR § 964.3 (a). 4 24 CFR § 964.115.
5 National Low Income Housing Coalition, Advocates Guide 2020: A Primer on Federal Affordable Housing & Community Development Programs, 2-50.

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Packet Pg. 1293 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) Federal Protection for Tenant Organizing – HUD Assisted Multi-Family Housing HUD regulations convey the right to organize to tenants in properties that participate in HUD’s multi-family housing Project-based Rental Assistance (PBRA) programs.6 These programs include
Project-based Section 8 Rental Assistance, Section 202, Section 811, and properties with specific HUD-held and HUD-insured mortgages.
7 24 CFR § 245.100 gives tenants in qualifying properties the right to “establish and operate a tenant organization.”8 These organizations are to be created and led by tenants to address community development concerns, issues regarding the building or its units, and the “terms and conditions of their tenancy.”9 Property owners and property managers are to “recognize…and give reasonable consideration to concerns raised by legitimate tenant organizations.”10
HUD regulation requires owners and managers to make reasonable efforts to accommodate tenants’ requests for accessible meeting spaces within the property for organizing activities or organizational operations. Property owners may charge tenants “reasonable, customary and usual” fees for the use of meeting spaces on the property.11
24 CFR pt. 245 also provides protection for the organizing activities of non-resident organizers working with tenants.12 Under 24 CFR § 245.100 tenants in HUD assisted multi-family housing cannot be evicted for organizing. The regulation also explicitly delineates several organizing activities property owners and managers must allow tenants to partake in without prior permission.13
Federal Protection for Tenant Organizing – Rental Assistance Demonstration (RAD) Tenants in public housing properties that undergo RAD conversion retain the right to organize regardless of whether their development is converted to Section 8 Project-Based Voucher property or to Section 8 Project-based Rental Assistance property.14 It should be noted that resident organizing at properties converted to Section 8 Project-based Rental Assistance are subject to the 6 24 CFR § 245.10 states the right to organize is applicable to tenants living in: multi-family housing projects subject to a HUD insured or held mortgage under the National Housing Act; formerly HUD-owned projects; state or local housing finance agency projects; projects receiving project-based assistance under section 8 of the US Housing Act of 1937, but not when PHAs administer the project-based assistance; projects receiving enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997; projects receiving assistance under Section 202 Direct Loan or Supportive Housing for the Elderly programs; projects receiving assistance under the Section 811 Supportive Housing for Persons with Disabilities program. 7 Jessie Cassella, Understanding Project-Based Rental Assistance (Mar. 22, 2018), https://www.nhlp.org/wpcontent/uploads/2018/03/Saving-HUD-Homes-2-FINAL.pdf. 8 24 CFR 245.100. 9 Id. 10 24 CFR § 245.105. 24 CFR § 245.110 defines a “legitimate tenant organization” as an organization that has been “established by the tenants of a multifamily housing project covered under § 245.10 for the purpose described in § 245.100, and meets regularly, operates democratically, is representative of all residents in the development, and is completely independent of owners, management, and their representatives.” 11 24 CFR § 245.120 (c). 12 24 CFR § 245.120. 13 24 CFR § 245.115. 14 https://www.hud.gov/sites/documents/TENANTORGANIZINGAFTERRAD.PDF; Dep’t of Hous. and Urban Dev., Rental Assistance Demonstration – Final Implementation, Revision 4 at 129-34 (Sept. 5, 2019), Item 7.A
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Packet Pg. 1294 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) requirements in 24 CFR pt. 245 rather than those of part 964 – subjecting those tenants to the same right to organize regulations as tenants in HUD-assisted multi-family housing.15 Funding for Tenant Organizing
Through the ACC with HUD, PHAs are provided with funds to support public housing tenant participation activities. HUD gives PHAs $25 per unit each year via the Operating Fund Grant.16 This $25 allotment is to be used by PHAs to fund tenant participation activities, and at minimum, $15 of the $25 allocation must be used by resident councils for the support of training and organizing efforts.17 The $25 allotment has not increased since it was originally authorized and due in part to inflation, is generally too low to cover the cost of tenant participation activities.18 When there is no resident council, PHAs are encouraged to use their portion of the funding to encourage tenant participation activities, including training and capacity-building for residents to form a resident council.19 HUD allows PHAs to utilize a portion of that $15 to fund stipends for resident council officers serving as volunteers in their developments. These stipends are capped at $200 per month, per officer.20 PHAs are allowed to keep $10 of the $25 allotment to allowable expenditures, which includes a broad range of activities regarding tenant participation. These activities include community elections, printing, and meeting space rentals.21 Public housing converted under the Rental Assistance Demonstration (RAD), whether converted to PBV or PBRA, retain the $25 per unit, per year allocation for tenant participation activities.

Resident organizations in RAD conversions must still receive at least $15 per unit, per year for tenant organizing activities.22
Currently, there is no regulatory requirement for HUD to provide funding to PBRA tenants for organizing activities. Section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (MAHRAA) authorizes HUD to spend up to $10 million annually from the Project Based Section 8 account, for tenant organizing, training and capacity-building.23 However, since 2001, HUD has committed approximately 7% of the available funding.24 https://www.hud.gov/sites/dfiles/Housing/documents/H-2019-09-PIH-2019- 23_RAD_Notice%20Rev4_20190905.pdf. 15 National Low Income Housing Coalition, Advocates Guide 2020: A Primer on Federal Affordable Housing & Community Development Programs, 2-52. 16 24 CFR § 964.150; Notice PIH 2021- 16 (HA). 17 Id. 18 Josh Cohen, HUD Has Money for Tenant Organizing. Why Isn't the Agency Spending It? Shelterforce (2021), https://shelterforce.org/2021/03/19/hud-has-money-for-tenant-organizing-why-isnt-the-agency-spending-it/ 19 24 CFR § 964.150 (a). See National Low Income Housing Coalition, Advocates Guide 2020: A Primer on Federal Affordable Housing & Community Development Programs, 2-50. See also Notice PIH 2021- 16 (HA). Resident participation activities are not limited to organizing, however in this Notice organizing activities are explicitly mentioned by HUD as examples of appropriate ways to spend the allotted funds. 20 24 CFR § 964.150 (b). 21 Notice PIH 2021- 16 (HA). 22 National Low Income Housing Coalition, Advocates Guide 2020: A Primer on Federal Affordable Housing & Community Development Programs, 2-52. 23 42 USC § 1437f note. 24 The National Alliance of HUD Tenants estimates that HUD has committed only $13 million out of the $190 million that could have been used for this purpose.

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Packet Pg. 1295 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) Tenant Organizing in the Housing Choice Voucher Program Housing Choice Voucher (HCV) tenants are typically scattered across a PHA’s service area, so tenants face additional barriers to their organizing efforts. Also, HUD’s regulations do not include the same legal protections for HCV tenants interested in organizing, nor does HUD provide funding for HCV tenants to organize. As with all voucher and public housing tenants, HCV tenants may participate in Resident Advisory Boards or become involved in the PHA Plan process.25 For broader organizing efforts, however, HCV tenants must turn to tenant organizing groups that operate more broadly within the community.

Recommendations (in brief)
The right to organize is vital and empowers tenants in federally assisted housing. 26 In order to move in the direction of progress on this issue, HUD should consider:
• Increasing the amount of funding per year, per unit for tenant participation activities across all of its housing programs;
• Creating right to organize protections for HCV tenants; • Providing funds for organizing activities amongst HCV tenants; • Funding, separately from the money allocated to fund resident organizing activities, for resident capacity building programs throughout the country in all of its housing programs; • Creating opportunities for dialogue and centering experiences of tenants when considering how to improve the agency’s federal housing programs.

Principles for a Right to Organize for Housing Choice Voucher Tenants Below is a brief initial outline of principles HUD should consider when developing organizing protections in the HCV program. The National Housing Law Project (NHLP) and Poverty and Race Research Action Council (PRRAC) will continue to engage our partners about the best practices for organizing Voucher participants and will update this proposal regularly. NHLP and PRRAC are committed to continuing the conversation about the importance of HUD-assisted participants having the right to organize and look forward to working with Voucher participants, organizers, and HUD on this issue.
• A Voucher tenant organization should be defined similarly to 24 CFR § 245.110—an organization that meets regularly, operates democratically, is inclusive of the local voucher participants, and is independent from the PHA and owners (POAs). o HUD’s regulation must include an explicit protection against retaliation of PHA or owner (POA) interference.
 A rebuttable presumption that an adverse action taken within 6 months of the tenant’s participation in organizing activities is an act of retaliation. 25 National Low Income Housing Coalition, Advocates Guide 2020: A Primer on Federal Affordable Housing & Community Development Programs, 2-52. 26 The need for federal regulation around the right to organize and funding for organizing activities has been recognized by Congress. Our recommendations align with those delineated in the Tenant Empowerment Act, introduced by Reps. Ayanna Pressley, Rashida Tlaib, and Maxine Waters. See “Tenant Empowerment Act of 2020” https://files.constantcontact.com/eee0e428701/f80f47a2-d611-4f27-8451-81cb2ac588ee.pdf Item 7.A
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Packet Pg. 1296 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) o All protections extended to Voucher tenant organizations should also be extended to any organizing committee(s).
o Individual tenants should be protected from any retaliation due to their participation in the tenant organization and, or participation in organizing activities.
o There should be an enforcement process for tenants and, or tenant organizations to submit allegations of interference or retaliation.
 HUD must prioritize enforcement of all tenant organizing regulations and respond swiftly to allegations of POA retaliation and interference.  HUD has a comprehensive enforcement process for the project-based rental assistance program that could be used as a model. See HUD H 2016-05.
 HUD’s regulation must include an explicit protection against retaliation of PHA or owner (POA) interference.
• A rebuttable presumption that an adverse action taken within 6 months of the tenant’s participation in organizing activities is an act of retaliation.
o HUD should fund, separately from the money allocated to fund tenant organizing activities, tenant capacity building programs throughout the country.  PHAs should invite tenant serving community organizations to participate in the HCV orientation meetings to provide information about tenant organizing.
• Possible Role of Voucher Tenant Organizations
o Represents voucher participants in making demands to the PHA regarding the operation and policies of the local Voucher program, such as but not limited to, commenting on PHA plans and policies, Voucher utilization, payment standards, problem landlords, list of available units, or housing search assistance; o Appoint HCV household member(s) to serve on the PHA board in addition to existing tenant directors;27
o Appoint representative(s) to serve on the Resident Advisory Boards (RAB); o Encourage Voucher participants to join the HCV organization, including during the initial Voucher briefings and reaching out to persons on the waitlist;  HUD should mandate PHAs to provide notice to HCV tenants of the right to organize annually and amend the HCV tenancy addendum to include the right to organize.
 PHAs should also include information about the right to organize to participating and potential participate landlords; the owner’s obligation to not retaliate or interfere with the right to organize must be memorialized in HUD’s HCV HAP form.
o Educate tenants on issues and/or operations that affect tenant and their living environment;
o Engaging in capacity building activities, specifically developing capacity about the Voucher program;
o Formulate responses to changes in the operation and policies for the Voucher program, and;
27 Where the state law requires an executive to appoint board members, the HCV tenant group should have the right to recommend to the appointing official a candidate to serve in the position.

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Packet Pg. 1297 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) o Organizing and advocating for federal, state and local housing policies and tenant protections, including but not limited to, source of income discrimination protections.
• Funding
o Voucher tenant organizing should be funded in a meaningful and consistent manner.28 Each year, per unit, HUD should make available funds for independent Housing Choice Voucher tenant organizations organized at the local, regional, or state level. Annually, the amount received per unit should incrementally increase.

If HUD decides to continue the practice of splitting the funding between the PHA and the resident groups, the majority of the money should go to the Voucher tenant organization(s).
o Organizing groups’ receipt of funding should not be contingent upon a Memorandum of Understanding or PHAs’ approval of the use of the funds. o Voucher tenant organizations should not be required to request the funding from the PHA and the funding should be automatically provided to the Voucher tenant organizing group.
o Voucher tenant organizations should have the discretion to pay their officers and members stipend and to hire paid organizers.
• Structure of Organization
o The regulations should not proscribe a specific organizational structure or mandate the organization have a specific number of officers. Being proscriptive in this manner may disqualify otherwise eligible groups because the group is just getting started, there are limited number of members who can serve as an officer, etc.
o Voucher tenant organizations should be permitted to form partnerships with other voucher tenant organizations, community organizations, organizers, and housing advocates to organize on issues important to Voucher participants. o All persons listed on leases should be able to participate in the tenant organization and organizing activities.
o Each organization should have the ability to decide who is eligible to vote. 28 If the $25 per unit per year funding for tenant participation had kept up with inflation, PHAs would receive $37.44 per unit per year for tenant participation activities. See Interim Instructions on Distribution and Use of Operating Subsidy Funds Received for Resident Participation Activities, Notice PIH 2001-03 (Jan. 18, 2001); Value of 2001 US Dollars Today, INFLATIONTOOL (Mar. 8, 2021, 1:10 PM), https://www.inflationtool.com/us-dollar/2001-topresent-value?amount=25.

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Packet Pg. 1298 Attachment: Santa Monica Housing Commission RAB Recommendations [Revision 1] (5644 : RAB Update to Council) Attachment D

City Council Meeting: April 11, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 2.70

TO CREATE THE CLIENT ADVISORY BOARD (CAB)
WHEREAS, Housing Authority of the City of Santa Monica (“SMHA”) was created on January 7, 1975, as the governing agency to administer the federal funds allocated to the SMHA by the United States Department of Housing Community Development (“HUD”) to assist the City’s low-income residents in obtaining rental housing; and
WHEREAS, the SMHA administers approximately 1,675 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households amongst five federal housing programs (Housing Choice Voucher (HCV); Continuum of Care (CoC); HOME Investment Partnerships Program (HOME); Veterans Affairs Supportive Housing (VASH), and Emergency Housing Voucher (EHV)); and
WHEREAS, each year, the SMHA must submit to HUD an Annual Plan, reporting progress made towards the goals identified in the SMHA’s prior adopted 5-Year Plan, and presenting any changes to the Administrative Plan (which contains the federal regulations, discretionary policies, and some local procedures that govern the SMHA’s operations), seventy-five days before the beginning of the fiscal year; and

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Packet Pg. 1299 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

WHEREAS, every five years the SMHA must also submit a 5-Year Plan to HUD within the same deadline. Together, the 5-year Plan, Annual Plan, and Administrative Plan (collectively, the “SMHA Plans”) represent the SMHA’s Annual Plan process; and WHEREAS, the SMHA Board will consider the SMHA’s Fiscal Year (FY) 2023-24 Annual Plan on April 11, 2023; and
WHEREAS, federal law requires the SMHA to provide opportunities for public participation, including federally assisted residents, during the development of the SMHA Plans; and
WHEREAS, federal law contemplates that participation by federally assisted residents will occur through the SMHA’s establishment of one or more Resident Advisory Boards (RABs); and WHEREAS, the purpose of these RABs is to provide the SMHA and federally assisted residents with a forum for sharing information about the SMHA Plans before they are adopted; and
WHEREAS, federal law does not specify how a RAB must be formed or governed; however, HUD has provided significant policy guidance, recognizing that the form of the RAB should be flexible enough to ensure participation by resident stakeholders, depending upon the nature of their interests; and
WHEREAS, with one exception, federal law also requires that the governing board of the PHA must have not less than one eligible RAB member, who must be a Section 8 program recipient. (24 CFR § 964.415(a); § 964.420); and
WHEREAS, HUD provides policy guidance in numerous publications about RAB formation and membership, the most comprehensive of which is the Public Housing [PHA] Plan Desk Guide (Chapter 4); and

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Packet Pg. 1300 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

WHEREAS, the Desk Guide states that a Public Housing Authority (PHA) has discretion “in determining the method of appointment of RABs, as long as the PHA ensures that its RAB or RABs reflect and represent all the residents assisted by the PHA”; and WHEREAS, Because the SMHA does not own or operate any public housing, the SMHA is considered is a “Section 8-only PHA”; and
WHEREAS, according to the Desk Guide (p. 94), "Section 8-only PHAs have discretion in the RAB appointment process. Participation in a RAB is limited only to residents that are assisted under federally assisted public housing and the Section 8 tenant-based program;” and WHEREAS, only Section 8 recipients are eligible to serve on the SMHA Board as to the single RAB member required by federal law to be included on the SMHA Board; and WHEREAS, the Desk Guide (p. 95) also provides that if the PHA is not successful in establishing a RAB, it may appoint all of the agency’s assisted residents as members of the RAB; and
WHEREAS, the SMHA RAB is currently comprised of all Section 8 residents based upon HUD guidance; and
WHEREAS, City Charter section 1000 also authorizes the City Council to create by ordinance such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of the City Charter; and
WHEREAS, while the City and SMHA are legally distinct bodies with different legal mandates, there does not appear to be any conflict if the City Council adopts an ordinance creating a RAB as a City board and commission; and
WHEREAS, in 2022, Council directed staff to present its best recommendation for the formation of an inclusive Client Advisory Board (CAB) to supplement and/or replace the current RAB, which is currently comprised of all the SMHA’s Section 8 voucher holders; and

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Packet Pg. 1301 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

WHEREAS, Council desires that the CAB function as the RAB, but include all federally assisted residents (including HCV, CoC, HOME, VASH, and EHV voucher holders) instead of just Section 8 HCV voucher holders; and
WHEREAS, the SMHA has historically included provisions relating to its administration of all federally assisted voucher holders (versus just HCV holders) in its SMHA Plans, and HUD has never taken exception to this; and
WHEREAS, given the flexibility in federal law regarding the formation and governing structure of the RABs, there does not appear to be a legal conflict in including other federally assisted residents in the CAB, as long as the CAB functions equivalently to a RAB; and WHEREAS, due to federal requirements, at least one Section 8 voucher holder in the CAB must serve on the SMHA Board; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2.70 of the Santa Monica Municipal Code is hereby added as follows:

CHAPTER 2.70 CLIENT ADVISORY BOARD

2.70.020 Creation of the Client Advisory Board
(a) Pursuant to Section 1000 of the Santa Monica City Charter, a Client Advisory Board (CAB) is hereby established. The membership of the CAB shall consist of seven members chosen by appointment of the Housing Authority Board. None of the members shall hold any paid office or employment in City of Santa Monica government. (b) No less than two of the CAB members shall consist of Section 8 Housing Choice Voucher recipients residing in the City of Santa Monica.

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Packet Pg. 1302 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

(c) Two of the CAB members shall be appointed by the Housing Authority Board for two-year terms as Housing Authority Board members, with terms commencing at the next scheduled CAB meeting after appointment provided however, that no less than one appointed member shall be a Section 8 Housing Choice Voucher recipient. (d) The seven CAB members shall serve four-year terms, or until such time as the appointments by the Housing Authority Board are completed. (e) The CAB shall meet on a quarterly basis with the option to meet more frequently, when necessary, via designation of a special meeting and in accordance with the Brown Act. Further, the CAB may establish ad hoc or standing committees that may meet more frequently than quarterly.
(f) The CAB shall be subject to City Resolution No. __________ establishing rules and procedures for the City’s Board and Commissions, as updated from time to time.

2.62.040 Powers and duties of the CAB
The CAB shall have the power and be required to:
(a) Provide recommendations and/or input to the SMHA on the SMHA Plan process within the 45-day public comment period, in accordance with federal requirements. The CAB would provide input to the SMHA specifically on the subject matters that pertain to:
i. the development of the Annual Plan
ii. the development of the 5-Year Plan
iii. amendments/progress to the 5-year Plan
iv. recommendations/input on policy changes to the Administrative Plan, and

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Packet Pg. 1303 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

v. comment on the SMHA’s discretionary policy changes to the Administrative Plan (if any).
(b) Support the SMHA during the PHA Plan/ Annual Plan Process by using at least one of the four designated yearly meetings to act as a forum for voucher participants/public to provide input during the public comment period of the Annual Plan process.
(c) Consult with and maintain contact with the SMHA staff, voucher participants, groups, and individuals regarding the SMHA’s voucher programs. (d) Provide a written report on its activities to the SMHA Board on an annual basis.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption.

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Packet Pg. 1304 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment D

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 1305 Attachment: CAB Formation Ordinance [Revision 4] (5644 : RAB Update to Council) Attachment C
Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities Introduction
Resident Advisory Boards (RABs) provide Public Housing Authorities (PHAs) and residents a forum to engage and share information, especially the Annual Plan. Section 511 of the United States Housing Act and the regulations in 24 CFR Part 903 require PHAs to establish one or more RABs as part of the PHA Plan process. For this purpose, the role of RAB is to assist the PHA in developing the PHA Plan and in making amendments or modifications to the plan (U.S. Department of Housing and Urban Development, 2020).

It is well known that the Housing Choice Voucher Program (HCV Program), formally the Section 8 Program, does not have resident councils. Nonetheless, PHAs with a significant size tenant-based assistance program must ensure that HCV Program participants are adequately represented or that reasonable efforts are made to secure their participation in the RAB. A significant size tenant-based assistance program is one where at least 20 percent of the PHA’s total number of households receive tenant-based assistance.

Some PHAs operate a low rent public housing program and a HCV Program while others manage a HCV Program solely. The Santa Monica Housing Authority operates the latter. Regardless, PHAs are not exempt from the RAB requirement and must also appoint one or more RABs that adequately represent the population served.

Since there are no resident councils in the HCV Program that comply with the tenant participation regulations under the tenant-based assistance program, HCV Program only PHAs have discretion in the RAB appointment process and some potential flexibility in the way they operate. The regulations state that participation on the RAB is limited to residents who are assisted under federally assisted public housing and HCV tenant-based programs.

Purpose of Report
This report summarizes data collected from a cohort of PHAs that operate HCVs across the country. A total of 13 PHAs comprised the cohort that operates HCVs solely.

These PHAs administer 2,500 or fewer vouchers, and are, in general, comparable to the Santa Monica Housing Authority. None of the 13 PHAs are responsible for providing conventional or low rent public housing units.

A set of survey questions were developed to obtain qualitative and quantitative information from HCV Program personnel or other PHA administrative staff. Data were collected mostly via telephone interviews between November 3 and 20, 2022, but a

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Packet Pg. 1306 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

few were completed by zoom and Microsoft Teams meetings as the method of engagement with PHAs in the cohort.

Findings from the Survey:

1. Description of Cohort: Thirteen (13) PHAs, representing thirteen (13) states, comprised the cohort of agencies for this analysis. Each administers 2,500 or fewer vouchers. Like the Santa Monica Housing Authority, the HCV Program or tenant-based program at these PHAs is in high demand by participants seeking affordable housing.

2. Source of Findings: Information was obtained primarily by telephone interviews with PHA personnel and via Zoom or Microsoft Teams meetings in a few instances. Some data were taken from the HCV Administrative Plan to augment qualitative information. Significant findings are summarized below:
a. Membership on the RAB is defined in Section 511 of the United States Housing Act and the regulations in 24 CFR Part 903 that stipulate RAB’s membership is limited to individuals receiving services under federally assisted public housing and HCV tenant-based programs. The regulations give participants in the HCV Program adequate representation on the RAB. b. RAB meetings are open to all HCV participants who are not only expected but are encouraged to participate in these meetings. Participants serve on committees and are able to vote on both operational and administrative matters.
c. During the annual and/or 5-year process, public comments are solicited from the network of stakeholders, including the general public, housing advocates, service providers, landlords, voucher holders, etc. RAB members frequently help promote the importance of these public meetings that enable the PHA to document policy and programmatic recommendations to be included in the annual and 5-year plan.
d. RAB members at the thirteen (13) PHAs in the cohort were appointed by the Executive Director/CEO of the agency. The Mayor appointed one member at each PHA. Letters of recommendation for appointment to RAB were generally received from community and faith-based leaders, local elected officials, HCV participants, landlords, PHA employees and union representatives. The pool of recommendations tends to be larger than the

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Packet Pg. 1307 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

size of the RAB. Exclusive of the Mayor’s appointment, all other recommended appointments were approved by the Board of Commissioners. e. There were no elected members of RAB within the cohort. Note, however, at many, but not all PHAs that administer 8,000 or more vouchers, an election is held every three years to determine the RAB membership. These elections are managed by a Third-Party Independent Monitor.
f. The average number of RAB members for most PHAs is between seven (7) and twelve (12) members at a PHA comparable in size to the Santa Monica Housing Authority. PHAs that administer a large number of vouchers solely have RABs with membership ranging between twelve (12) and twenty-one (21) members.
g. PHAs in the cohort with HCV Program units solely do not pay members a stipend after they attend regular meetings or perform other functions as a representative on the RAB. However, they are reimbursed for transportation expenditures or cost of meals at approved events for the organization. h. Members of RAB meet monthly in a public forum. HCV participants are notified via email or the PHA website. The meetings are generally held at the PHA.
i. Non-public RAB meetings are held at will as determined by the leadership.

There is usually an Executive Committee meeting prior to the public meeting to discuss the agenda and other administrative matters. Some RABs meet with the PHA leadership prior to the public meeting as well. j. All of the thirteen (13) in the cohort provide some type of training. They include payment for RAB members to attend housing conferences and certificate training sponsored by public housing industry associations (i.e., National Low Income Housing Coalition, National Association of Housing and Redevelopment Officials, National Alliance of Resident Services in Affordable and Assisted Housing, Mass Union f Public Housing Tenants, etc.). RAB members also attend other training or webinars sponsored by housing institutes at universities, research and development organizations, and human service agencies that focus on the well-being of the family.

Examples of these organizations include Health Care for Residents in Public Housing, Urban Institute, and National Housing Law Project.

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Packet Pg. 1308 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

k. PHAs provide refreshments for the monthly RAB meeting. Depending on the time of the meeting, food also is served, ranging from box lunches or a light dinner menu (salad, pizza/lasagna, chicken item, drink and desert). l. PHAs generally schedule workshops during the years to empower RAB leaders on PHA matters. Seven (7) of the thirteen (13) in the cohort provide at least one workshop annually for RAB members. Workshops, for examples, provide a HUD update, status on the waiting list, state of the PHA, proposed revisions for the annual /5-year plan, pending housing legislation, etc. These workshops provide timely updates and keep lines of communication open between RAB and the PHA administration.
m. None of the PHAs in this analysis have a Client Advisory Board. n. All of the RABs have a budget, but four (4) RABs in the cohort developed a budget and submitted it to the PHA for approval (Annapolis Housing Authority, Charter Oak Communities, Fall River and York Housing Authority). The budgets were approved. The remaining nine PHAs support RAB with funds from the local government or by using discretionary funds charged to the budget that funds the office of the Executive Director/CEO. o. Camden Housing Authority, Nevada Rural Housing Authority and Annapolis Housing Authority provide technical assistance to RAB through an advisor. The scope of work for the advisor includes developing/revising by-laws, developing an electronic membership data base (email address, cell phone number, etc.), designing a RAB website, preparing an annual report of RAB accomplishments, etc.). p. For this cohort, three (3) RABs referenced above have had their tax exempt status for five years or longer: Fall River Housing Authority, Charter Oak Communities, and York Housing Authority. At each of these PHAs, the RAB implements at least one program to assist HCV Program family members (i.e., summer camping programs for elementary children, back to school supplies, distribution of free laptops and reduced Internet service for students in partnership with the Comcast Internet Essential Plus Initiative, etc.). It may not be reasonable for new RABs to implement social programs, but they should be expected to serve in an advisory capacity only. q. All of the RABs in the cohort have by-laws. There also is an executed Memorandum of Understanding (MOU) between RAB and the PHA for the

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Packet Pg. 1309 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

cohort. It details the responsibilities of both parties. For example, in these MOUs, the PHA recognizes the importance of on-going discussions in good faith related to issues of mutual concern. RAB also agrees, for example, to hold regular meetings with HCV Program participants and promotes PHA strategic initiatives. The scope of roles varies, but the MOU provides a clear roadmap of the relationship between the two parties.
r. The application process and appointment process are one and the same. To become a RAB member requires an appointment by the Mayor and or Executive Director/CEO of the PHA. There should, however, be an application process that includes an application form that collects sociodemographic information on nominees and a statement of his/her interest in serving as a member of RAB.
s. The HCV Program is a complex operation. Understanding the many procedures and giving advice to remedy problems can be challenging at times for RAB members. Thus, the importance of receiving a comprehensive and initial RAB orientation cannot be overemphasized. All of the PHAs in the cohort provided RAB members an initial orientation. It included, for example, an introduction to the PHA, description of the tenant-based voucher assistance program, different types of vouchers, selection of landlords, inspection of rental units, rent payment standards, leasing procedures, participant grievances, management of the waiting list, termination of contract, and other information.

3. Statistics on Vouchers: For the cohort, 13 PHAs administered 2,500 or fewer vouchers. PHAs with the smallest number of HCVs administered were Rice County Housing and Redevelopment Authority (329), East Peoria Housing Authority (352) and Annapolis Housing Authority administered (389). Those PHAs that administered the number of vouchers similar to the Santa Monica Housing Authority were Charter Oak Communities (1,800), Housing Authority of Maricopa County (1,442), Nevada Rural Housing Authority (1,393) and York Housing Authority (1,402). The remaining PHAs in Table 1 (see attachment) administer between 2,000 and 2,500 vouchers. As a result of the demand for vouchers, many PHAs close the waiting list annually for a period of time. The goal is to be able to offer a voucher eventually to all applicants on the waiting list. However, demand is always higher than available resources. Too many applicants have been on the waiting list for years according to HCV Program directors. Residents are frequently vocal when vouchers are not available or if they remain on the waiting list an unreasonable length of time. Many residents

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Packet Pg. 1310 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

resort to social action that includes filing a complaint with HUD, requesting help from elected officials, taking their experience with the PHA to the media, and seeking an audience with funders to cease payment to the PHA until the residents’ demands are met. These actions may have negative consequences for the PHA.

4. Federal vs State Vouchers: Fall River Housing Authority was the only PHA responsible for vouchers funded by the State of Massachusetts. Currently, the agency is administering 287 state vouchers, approximately 12% of the total number of vouchers the agency administers. Eligibility requirements for state vouchers are comparable to the federal litmus test.

5. HCV Program Budget: All PHAs in the cohort have a budget developed from HUD administrative fees and Housing Assistance Payments (HAPs) for administering the HCV Program. On average, the HCV Program administrative budget was relatively small and is reflected in the following examples from the cohort: Annapolis $4,667,447; Camden $15, 511,361; Maricopa $14,060,736; Nevada $15,171,202; Peoria $11,082,183; South Carolina $12,060,00; and York $11,248,626. Note further that Annapolis, Camden, and York receive an annual subsidy from the local government to support HCV Program operations. In previous years, the average subsidy ranged between $47,000 and $95,000 annually. More often, this additional funding helped to cover expenditures for managing project-based vouchers.

6. HCV RABs: All thirteen (13) HCV Programs in the cohort currently have a RAB.

PHAs with a significant size tenant-based assistance program must ensure that HCV participants are adequately represented or that reasonable efforts are made to secure their participation in the RAB. As noted previously, a significant size tenant-based assistance program is one where at least 20 percent of the PHA’s total number of households receive tenant-based assistance.

A profile of the thirteen (13) HCV Programs:
a. Fall River Housing Authority administers approximately 2,500 vouchers. The program covers families, elderly, and handicapped persons. Subsidies are available to house families in private apartments in the Greater Fall River Area. RAB is comprised of nine (9) members. Eight (8) members of RAB are appointed by the PHA and one is appointed by the Mayor for a three-year term. There is no term limit. State and local funding support RAB operations.

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Packet Pg. 1311 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

b. Charter Oak Communities is a leading champion for the tenant-based assistance program in Connecticut. The PHA administers 1,800 vouchers. It has a six-member RAB appointed by the PHA and Mayor jointly. RAB members serve a three-year term. Although the RAB does some fundraising and solicitation to support itself, it is funded by the local government and with discretionary funds from the Executive Director’s budget. c. York Housing Authority manages 1,402 vouchers for the county-wide service area. The program helps families afford safe, decent and sanitary rental housing that is available through private landlords. RAB is made up of seven (7) members. All are appointed by the PHA and serve a three-year term.

RAB members meet monthly with the Executive Director and discuss administrative matters and concerns brought to them by HCV participants.

Discretionary funds support the operation of RAB.
d. Annapolis Housing Authority administers 389 rental vouchers which offer the opportunity to choose affordable rental housing through the Anne Arundel County area. It also offers participants a chance to improve their quality of life by selecting a location that provides significant employment opportunities and better schools. Freedom of choice enables families to obtain affordable housing outside areas of high poverty concentration. e. Camden Housing Authority administers 2,178 HCVs. Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing, including single-family homes, townhouses and apartments. The PHA partners with GoSection8.com which provides an enhanced program to list rental properties online.
f. East Peoria Housing Authority is responsible for 352 vouchers. Participants rent from eligible landlords on the open market. Housing units include houses, apartments, and mobile homes. The waiting list has been closed for two years due to high demand for vouchers beyond the available number of vouchers the PHA administers.
g. Lafayette Housing Authority administers 2,212 vouchers, serving Lafayette and Vermilion Parishes. At present, there are 108 applicants on the HCV Program waiting list which is down 46% from last year. In response to the decrease in applications, the PHA developed a marketing strategy to effectively communicate to the community the availability of affordable rental housing with opportunities for landlord participation in the HCV Program.

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Packet Pg. 1312 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

h. Randolph County Housing Authority is responsible for administering 755 HCVs for Randolph, Barbour, Tucker, Lewis, Upshur and Pendleton County.

Acceptable rental units include single-family homes, duplexes, apartments, townhomes and mobile homes. Eligibility for a voucher also includes certain categories of eligible non-citizens.
i. Housing Authority of Maricopa administers 1,442 vouchers for its jurisdiction. The PHA only issues vouchers in surrounding cities that do not have their own housing department or are unincorporated. j. Nevada Rural Housing Authority administers 1,393 vouchers. Participants may use their vouchers in the counties of Carson City, Churchill, Douglas, Elko, Lander, Lincoln, Ney, Storey and White Pines.
k. SC State Finance and development Authority administers 2,131 vouchers. A MOU was executed with the SC Department of Mental Health to assist participants with case management services, domestic violence, independent living, and transition from the Home Again Program to re-integrate in the community.
l. Rice County Housing and Redevelopment Authority administers 329 vouchers. A major goal is to provide excellent service to HCV participants and landlords. Self-sufficiency is encouraged for participants and their family members by promoting opportunities for success.
m. Youngtown Metropolitan Housing Authority administers 2,280 vouchers.

The PHA encourages individuals who own rental properties to participate in the HCV Program. Good landlords with good properties are always sought.

The program provides a great opportunity to assist families by providing low- income families safe, decent and affordable housing.

7. RABs As 501 C-3 Organizations: For this cohort, three (3) of the thirteen (13) RABs referenced above have had their tax-exempt status for five years or longer:

Fall River Housing Authority, Charter Oak Communities, and York Housing Authority. At each of these PHAs, the RAB implements at least one program to assist HCV Program family members (i.e., summer camping programs for elementary children, back to school supplies, and distribution of free laptops and reduced Internet service for students in partnership with the Comcast Internet Essential Plus Initiative). RABs that are 501 C-3 organization have a recognizable advantage over those that are not. They are eligible to receive resources from

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Packet Pg. 1313 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

foundations for their participants. Resources include, for example, technology to improve career opportunities, university scholarships or educational assistance, investment/savings accounts, and other amenities to enhance individual wellbeing. It may not be reasonable for new RABs to implement social programs but serve in an advisory capacity only.

8. RAB Membership: For PHAs that operate HCVs solely, members on the RAB were appointed. Mayors generally appoint at least one member on the RAB. For the cohort, an appointment is for a three-year term. None of the PHAs in the cohort have term limits at present. Recommendations for membership for these RABs were made by landlords, PHA administrative personnel, HCV Program participants, or via self-nominations. The PHA evaluated and selected members from each stakeholder group that submitted a recommendation.

9. Diversity and Inclusion: Three (3) of the PHAs that currently have an HCV RAB, an important goal is to appoint or elect members who are proponents of diversity, equity, and inclusion. RAB is expected to be a culturally diverse organization comprised of HCV family members it represents. To that end, RAB is expected to mirror the demography of the HCV Program. Based on comments from HCV directors, younger HCV residents are less inclined to serve on the RAB and older RAB leaders shy away from collaborating closely with residents who are culturally diverse, LGBTQ, or exercise other sexual orientations. Many believe that leadership training and coaching will help remedy this challenge and interest those from diverse walks of life to participate as board members.

10. Non-HCV Participants on the RAB: There is no evidence from the cohort that landlords are members of RAB. Resident leaders have expressed a belief that it would be a conflict of interest to do so. According to HUD, the Conflict of Interest provision of 24 CFR 982.161 prohibits the PHA from entering any contract or arrangement in connection with the tenant-based programs in which certain classes or persons have any interest. Landlords would, indeed, have a financial interest. There is no evidence from the cohort that members of a Continuum of Care Program (CoC) or Veterans Affairs Supportive Housing (VASH) serve on the RAB. However, some RABs believe it would be acceptable to HUD to create standing committees that include landlords, funding organizations, external service providers, representatives from partnering agencies, and other stakeholders. To do so eliminates the issue of priority treatment for landlords who receive HAP payments from the PHA.

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Packet Pg. 1314 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

11. Profile of RAB Representatives: The thirteen (13) PHAs with RAB members in the cohort have a recognizable profile. They are parents, older residents, grandparents, disabled and elderly residents. Some are employed or receive retirement benefits. Others are retired or receive government subsistence (public assistance, food stamps, Medicaid, Social Security benefits, etc.). Noteworthy experiences include volunteers, members on other community boards, lay leaders at their place of worship, mentors to students and advocates for social justice matters.

12. Primary Responsibilities of RAB Members: During a typical year, RAB members in the cohort participate in many essential functions. Examples include: developing the annual plan, serving on departmental committees and work groups at the PHA, making recommendations for PHA policy revisions, and serving as primary advocate for participants of the HCV Program by communicating to management concerns, ideas and recommendations for change and program improvements.

13. Sources: HCV Programs are not eligible to receive Tenant Participation Funds from HUD and must look to local government to fund them. Without funding from local government, the operation of RAB at the Santa Monica Housing Authority would be incapacitated and unable to participate in essential training or attend housing events developed by industry associations on its behalf.

14. Structure of RAB: The structure of the HCV Programs with a RAB includes roughly five officers including general members. They are President, VicePresident, Secretary, Treasures, and Sargent at Arms. At the York Housing Authority, there is a Parliamentarian. The roles of both are similar. RABs in the cohort also have by-laws that specify terms, role of offices, committee structure and functions, attendance, conflict of interest, ethical conduct, and other requirements to ensure the organization runs efficiently.

15. Length of Term of RAB Members: Most RAB members serve a three-year term based on elections conducted by a Third-Party Independent Monitor. (TPIM).

Most do not have term limits, but should, based on feedback from the PHAs in the cohort. Many, if not most, remain in office in perpetuity and enjoy the benefits of the position. For resident leaders in the cohort, they have been on RAB an average of four years.

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Packet Pg. 1315 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

16. Achievement of Fair Representation: One of the challenges facing RABs across the country is achieving fair representation. RABs should mirror, to the greatest extent possible, the demographic characteristics of the HCV Program. Fair representation means that seats on the RAB should be filled by a diversity of residents - those who are elderly, disabled, young mom and dads, college students, employed persons and others with an interest to serve faithfully.

Members of most RABs in the cohort are elderly residents. There is, however, a young representative on the RAB at Charter Oak Communities. Exciting young residents to sever on the RAB remains a challenge.

17. Payment of Stipends to RAB Members: All thirteen (13) PHAs in the cohort with HCV Program solely do not pay RAB members a stipend.

18. Accommodations to RAB Members: A Memorandum of Understanding (MOU) between RAB and the PHA was executed. The MOU specifies reimbursable activities such as transportation cost related to RAB functions and meals for attendance at approved events for the organization. To be compensated by the PHA, the RAB member must complete a monthly report.

19. Participation in the Development of the Annual Plan: There was 100% participation in the Annual Plan by RAB members at HCV sites only. RAB members also have a voice in developing the HCV Administrative Plan.

Additionally, members of RAB have a role in town hall meetings that are organized by the Executive Director’s office for the purpose of discussing these plans and obtaining input from the community.

20. Required Community Activities by RAB: None of the PHAs in the cohort reported a PHA requirement that RAB members must participate in community activities. There was, however, an expectation that they do so as RAB leaders.

Members of RAB at Camden Housing Authority and Youngtown Housing Authority confirmed that they support their children’s schools as volunteers, serve on a community taskforce, advocate for more affordable housing, organize events to address crime, advocate the elimination of neighborhood decay, work on ending homelessness, and participate in the eradication of other problems that disenfranchise families. HCV Participants are passionate about the wellbeing of families, especially children and elderly persons.

21. Meetings with Executive Staff: RABs in the cohort reported that they meet monthly with the Director of the HCV Program. Occasionally, the President/CEO participates in these meetings. An agenda is developed to keep the meeting focused. Residents believe these meetings strengthen their relationship with the PHA, give them an opportunity to bring matters of concern

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Packet Pg. 1316 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

to leadership, and help track PHA response to HCV Program management and customer service challenges. At these meetings, RAB members discuss the Annual Plan and other PHA reports. Note that four additional PHAs that do not have a RAB schedule a bi-annual townhall meeting with HCV participants to engage with them on important matters. These meetings are facilitated by the Director of the HCV Program or CEO/President.

22. Training Provided to RAB Members: With restrictions for travel and in-person training imposed during the COVID-19 pandemic, most of the RABs have not attended conferences during the past three years. Certificate training occurs at these conferences on leadership development and capacity building topic such as repositioning the PHA, grass root organizing and engagement for social action, and working with culturally diverse populations. Housing industry groups sponsor these training activities for resident leaders. However, NAR-SAAH, for example, trained RAB leaders in 2021 at Fall River Housing Authority, Annapolis Housing Authority, Camden Housing Authority, Youngstown Housing Authority and York Housing Authority. More RAB training has been scheduled during 2023 and these RAB leaders are also taking advantage of online training or webinars to the extent there is funding to support these training events.

23. Memorandum of Understanding (MOU) between RAB and PHA: There is an executed MOU between the RAB and the PHAs for the cohort. It details the responsibilities of both parties. For example, in the MOU, the PHA recognizes the importance of on-going discusses in good faith related to issues of mutual concern. RAB also agrees, for example, to holds regular meetings with HCV participants and promotes PHA strategic initiatives. The scope of roles varies, but the MOU provides a clear roadmap of the relationship between the two parties.

24. RAB Meetings and Notification: Routine meetings of RAB are held monthly and committee meetings more often. Announcements are mailed to members and are posted in the HCV administrative office. Three PHAs in the cohort places a RAB meeting notice on the PHA website or in the resident newsletter. HCV participants are permitted to attend RAB meetings. Meeting notices are prepared in the language spoken by residents (i.e., English, Spanish, and other languages as requires).

25. Use of Consultants to Provide Technical Assistance: For the PHAs in the cohort that have a RAB, none are currently using consultants to provide technical assistance. RAB responsibilities can become complex and challenging at times.

PHAs should not assume RAB members always have the skillsets and

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Packet Pg. 1317 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

experiences to manage these challenging responsibilities absent technical assistance from consultants or other housing experts.

26. Providing Legal Representation for RAB: In some but not all situations, the PHA provides legal representation for RAB. Examples include policy disputes and removal of members from office. RABs seek assistance from Legal Aid and local attorneys who will provide pro bono legal assistance. A drawback at times, however, is that Legal Aid and private attorneys seek business from the PHA and are potentially using their assistance for RAB to get in the front door. Many PHAs require RAB to report their engagement with external law firms and legal organization to determine whether the PHA can remedy the situation internally.

27. Participation in Meetings of Legislative Bodies: In reviewing State law for the cohort, there were no guarantee to attend and participate in meetings of legislative bodies. Nevertheless, many RABs attend these meeting to stay connected with elected officials. For example, the RAB at the Fall River Housing Authority attends meetings of the County Commissioners; in Annapolis, RAB representatives attend meetings of the City Council and State House of Delegates located in walking distance of the PHA administrative office. RAB leaders give remarks during the public comment segment of these meetings. Elected officials frequent follow-up with PHA management in response to the remarks provided by RAB members. The dynamics at play are noteworthy.

28. Documents Subject to Public Records Act: Some RAB documents are subject to the Public Records Act. However, in California, for example, “Government Code 6255 exempts from disclosure any records if on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.” It is the customary practice by RABs in other states to agree to make records available if they are requested by the PHA Director or its Legal Department. Some PHAs include this requirement in the above referenced MOU between the two parties.

29. Participation in Grievances, Lease Hearings and Administrative Matters:

Frequently, participants feel their rights are not protected by the PHA. HCV participants expect RAB members to participate in meetings to address their concerns. Participation in these matters gives participants “a voice” in decisions regarding lease violations by the landlord; HCVP inspections; closing or opening the waiting list; and other administrative matters. A frequent problem is convincing RAB members to preserve confidential of information discussed.

30. HCV Program Reporting Requirement: For the cohort, the HCV Program reports directly to the Deputy Executive Director or President and CEO of the

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Packet Pg. 1318 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

PHA. The reporting requirement may vary by other PHAs elsewhere in the country. In some instances, the HCV Program reports to the City Administrator, City Council, or a Municipal Board. In such cases the PHA is not an independent municipal agency but is a department in the city’s human services agency.

31. Impactful RAB Activities: Based on survey responses, activities that have been most impactful include expenditures to attend annual housing conferences in different cities around the country; free computer/laptops and school supplies for HCV students; meetings with the PHA Director and other senior personnel; and in-kind support from the PHA. These are also interpreted as incentives and have tremendous appeal to RAB members.

Recommendations

1. Consult with HUD to determine the eligibility of a Client Resident Advisory Board vs a traditional RAB for the HCV Program. It may be possible to receive a waiver to the Conflict of Interest provision (24 CFR 982.161) if it is not a Federal statute. Members of Congress enact Federal statutes and are the only ones to amend them. The Secretary of HUD has the authority to grant a waiver to a regulation.

2. Pay a monthly stipend to the HCV members who serve on the RAB if the cost is funded by local government. Resident participation funds allocated by HUD cannot be used for this purpose. However, in lieu of paying stipends, other benefits could be provided, and they include leadership training, payment to attend housing conferences, and reimbursement for business-related transportation. These may be acceptable alternatives.

3. Once the RAB has been organized, it should file an application to become a 501 C-3 tax exempt organization. The application is an 18 to 22-page document and generally takes about six months to be processed. A consultant should assist the RAB in completing the application. Once tax exempt status has been received, filing the annual IRS Form 990 timely is important. Delinquent filing will result is revocation of the exemption.

4. Allow each City Council member to appoint two HCV participants to serve on the RAB. Procedures for appointments and eligibility requirements to serve on the RAB should be developed. Eligible appointees should be: an HCV participant at the Santa Monica Housing Authority; 18 years of age, named on the HCV; has been a HCV participant for a minimum of one year; have no rental payment delinquencies if head of household; and have a valid ID (CA Driver’s

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Packet Pg. 1319 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

License, State ID, Passport or ID issued by the PHA. Note that Live-in aides are ineligible to serve on the RAB.

5. Develop application procedures for those interested in serving on the RAB.

Residents interested in becoming a RAB member must complete an application for appointment and submit it to the PHA. The application will obtain standard contact information, a brief statement of the applicant’s interest in serving on the RAB and contact information for two references.

6. Conduct a mandatory orientation for those appointed to serve on the RAB. The orientation will serve as the appetizer before the main course of training to be offered at a later date. During the orientation, the facilitator will review the responsibilities of the RAB, its mission, responsibilities of each officer, required meetings with HCV participants, management of funds, required reports, code of conduct and other matters.

7. Finalize a RAB operating budget for year one and two, as a start. Funding for RAB operations at the Santa Monica Housing Authority is not allocated by HUD and should, therefore, be provided by the City Council.

8. Develop a RAB structure appropriate for the Santa Monica Housing Authority.

The structure should emerge from strategic planning sessions with RAB members and PHA personnel. During these sessions, models of RAB structures from different PHAs in the country should be discussed, including the responsibilities of ad hoc and standing committees.

9. Draft by-laws for the new RAB. The PHA should file an application with the appropriate city or state agency to establish RAB as a non-profit organization in the City of Santa Monica. Accordingly, by-laws and articles of incorporation should be developed. The Legal Office at the PHA can assist with these activities.

10. Resolve upfront the fair representation challenge if it exists. This matter should be appropriately addressed in the development of by-laws and MOU between RAB and the PHA.

11. Procure technical assistance to support the start-up and implementation of RAB.

A consultant should be hired to provide technical assistance to RAB for start-up and implementation functions for a minimum of one year.

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Packet Pg. 1320 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) Administering the Housing Choice Voucher Program (HCV):

Analysis of Data from a Cohort of Public Housing Authorities

Conclusions:

The HCV Program addresses housing needs for extremely low-income households and gives recipients the freedom to choose the kind of housing and location that best meet their needs. Many recipients can find housing in neighborhoods that offer social, educational, and economic opportunities for themselves and their children.

However, not all recipients are happy with the HCV Program and have strong criticisms of it. For example, shortage of moderately priced rental housing, tight market conditions, racial and ethnic discrimination, landlords who are unwilling to accept voucher payments, and ineffective local administration of the program contribute to the problem. The biggest problem is that federal spending for affordable housing is woefully inadequate.

Over the years, residents attending NAR-SAAH events specifically and other housing industry conferences have expressed their opinions about the strengths and weakness of the federal HCV Program absent a RAB at their PHA. According to many residents, the strengths of the HCV Program are appreciated, but the structural weakness of not having a RAB cannot be ignored. Based on size, by not having a RAB violates Section 511 of the United States Housing Act and the regulation in 24 CFR Part 903.

During NAR-SAAH conferences, HCV recipients frequently do not understand payment standards and they also complain about the way African-Americans and Hispanics are over-represented in neighborhoods where vouchers are clustered and under-represented in communities where they are widely dispersed.

The HCV Program does not work perfectly, but improvements can be made. HCV participants have good ideas and opinions that “make sense” for the PHA. Excluding the voice of residents in discussions to improve the program will continue to have negative consequences.

Creation of a RAB at the Santa Monica Housing Authority will give members a structure to engage with the leadership of the agency on a range of topics such as landlord relations, unit inspections, payment standards, and portability provisions as examples. Some families in the HCV Program experience complex social problems (i.e., substance abuse, depression, domestic violence, gang affiliation, illegal household members, etc.). The PHA’s regular engagement with RAB can be a benefit for addressing these social entanglements and family circumstances.

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Packet Pg. 1321 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) TABLE 1
Survey Results of PHAs Administering 2,500 or Fewer Vouchers

A B C D E F G H I J K
1 Public Housing Authorities and State # of
Vouchers
In
Compliance?
RAB
Budget
(Rounded)
RAB
Budget Per
Voucher
RAB Funding RAB
Size
How Often
Meetings?
Stipend to
RAB
Members
501-C3 Have a
CAB?
2 Annapolis Housing Authority (MD) 389 Yes $ 7,500 $ 19 Local Gov't 5 Monthly No No 3 Camden Housing Authority (NJ) 2,178 Yes $ 13,000 $ 6 Local Gov't 7 Monthly No No 4 Charter Oak Communities (CT) 1,800 Yes $ 9,200 $ 5 Local Gov't 6 Monthly No √ No 5 East Peoria Housing Authority (IL) 352 Yes $ 5,000 $ 14 Discretionary 4 Monthly No No 6 Fall River Housing Authority (MA) 2,459 Yes $ 14,000 $ 6 State Gov't 9 Monthly No √ No 7 Lafayette Housing Authority (IN) 2,212 Yes $ 8,600 $ 4 Discretionary 4 Monthly No No 8 Randolph County Housing Authority (WV) 755 Yes $ 5,100 $ 7 Discretionary 4 Monthly No No 9 Housing Authority of Maricopa County (AZ) 1,442 Yes $ 4,750 $ 3 Discretionary 6 Monthly No No 10 Nevada Rural Housing Authority (NV) 1,393 Yes $ 10,600 $ 8 Discretionary 6 Monthly No No 11 SC State Housing Finance & Development Authority (SC) 2,131 Yes $ 8,000 $ 4 Discretionary 5 Monthly No No 12 Rice County Housing & Redevelopment Authority (MN) 329 Yes $ 10,000 $ 30 Discretionary 4 Monthly No No 13 York Housing Authority (PA) 1,402 Yes $ 11,300 $ 8 Discretionary 7 Monthly No √ No 14 Youngtown Housing Authority (OH) 2,280 Yes $ 10,100 $ 4 Local Gov't 7 Monthly No No

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Packet Pg. 1322 Attachment: NAR-SAAH Independent Study (5644 : RAB Update to Council) 1 Vernice Hankins
From: Debra Shepherd <[email protected]>
Sent: Monday, April 10, 2023 6:28 PM
To: councilmtgitems
Subject: Item 11c

EXTERNAL
Good day, Board Members:

HUD requires that the Public Housing Authority create a Residential Advisory Board that “adequately represents” the households that receive tenant‐ based assistance. Currently, the city of Santa Monica has a Resident Advisory Board that is composed of all tenant‐based voucher holders. The current structure of the RAB does not adequately represent the voucher holders, because this RAB lacks a formal structure. There are no officers or set meeting times. Without those things in place, it’s difficult for the RAB to operate in a meaningful way.

Initially, it’s going to take about seven people, with designated alternates to set the foundation of the Board. The scope of the work is significant. It requires representation from marginalized communities AND people who are willing to dedicate themselves to learning the complexities of the HUD requirements.

As you transition to a Client Advisory Board, I would like to see the City meet the requirements from HUD, not just technically, but in a meaningful way that benefits all stakeholders.

As for the Housing Authority Board voucher holders, those two members should, understand the documents that come from HUD, the staff reports, attend regular meetings, and rigorously participate in the dialogue regarding Housing Authority Board issues.

Regards,
Debra Shepherd
Voucher holder/ Santa Monica resident
Former Chair of SMMUSD SEDAC
Former Community Advisory Chair
Sent from my iPad
Item 11.C
04/11/23
1 of 16 Item 11.C
04/11/23

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Packet Pg. 1323 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1324 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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

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Packet Pg. 1325 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1326 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1327 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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.

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Packet Pg. 1328 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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).

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Packet Pg. 1329 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council)

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 11.C
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Packet Pg. 1330 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1331 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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 11.C
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Packet Pg. 1332 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1333 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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 11.C
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Packet Pg. 1334 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1335 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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.

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Packet Pg. 1336 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) • 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.

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Packet Pg. 1337 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) 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
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Packet Pg. 1338 Attachment: Written Comments [Revision 1] (5644 : RAB Update to Council) Client Advisory Board
Housing Authority Board/Council
April 11th , 2023

11.C.f
Packet Pg. 1339 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) History
SMHA Santa Monica Housing Authority
• 5 Rental Assistance Programs
HAB Housing Authority Board
• Council and two tenant representatives
• The SMHA’s governing body
RAB Resident Advisory Board
• Advisory Board during the Annual Plan process
• Federal Requirements

11.C.f
Packet Pg. 1340 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) History and Direction
Annual Plan Process HAB/RAB
• Required by the U.S. Housing and Urban Development (HUD). • The Annual Plan process affects all program participants • RAB ONLY allows for Section 8 participants
September 13, 2022 Council Meeting Direction
• Inclusive Client Advisory Board (CAB)

11.C.f
Packet Pg. 1341 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Considerations
• National Alliance of
Resident Services in
Affordable and
Assisted Housing
(NAR-SAAH)
• Recommendations
• Federal
Requirements
• Other City
Boards
• The Direction
received from
Council
HAB
Direction
Legal
Requirement
Independent
Study
Housing
Commission

11.C.f
Packet Pg. 1342 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Proposal
CAB Client Advisory Board
• Modeled after other City Boards • The CAB would be appointed by the HAB • Seven-member advisory body • All voucher participants are eligible • Advisory Body to the HAB • Replaces the current RAB • Open and Public (Brown Act)

11.C.f
Packet Pg. 1343 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Self-Determination CAB
• Similar to other City Boards
• Appoint Ad-Hoc Committees and Advisory Groups
• Meeting Agendas and schedule
• Make recommendations to the HAB
Members
• Website
• Email

11.C.f
Packet Pg. 1344 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
CAB Membership & Meeting Model
• Adopt Council-approved uniform bylaws used by other City Boards • Meeting flexibility
• $50 stipend -four meetings per year ($200 annually)
• 1-2 Staff annual workshops within CAB meetings

11.C.f
Packet Pg. 1345 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Appointment Process CAB
• Applications modeled on processes for other City Boards • HAB would appoint 7 CAB members
• 2 CAB members would serve on the HAB
• HAB would appoint the 2 tenant representatives
Outreach
• Website
• Email
• Newspaper
• Mail
HAB From 7 CAB
Members
Appoints 2
HAB
Members
From
Eligible
Applicants
Appoints 7
CAB
Members

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Packet Pg. 1346 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
CAB Formation and Operational Structure
• Created by the City
• Scope and bylaws would be codified
• Advisory body to the HAB
• Replace the RAB for the Annual Plan process

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Packet Pg. 1347 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Staff Resources & Role CAB
• Post Information
• Secure a physical meeting space
• Encourage participation in the CAB
• Orientation for CAB members.
• Resources are based on the restructuring of the Department.

Outreach
• Website
• Email
• Meetings
• Mail

11.C.f
Packet Pg. 1348 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Next Steps If the HAB Supports the Recommendation
• Recruitment can begin in May 2023
• All voucher participants would be notified
• Application period would last four weeks
• Appointments made at next available HAB meeting date
• The HAB could appoint the two HAB members
Outreach
• Website
• Email
• Newspaper
• Mail

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Packet Pg. 1349 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Staff recommends The Housing Authority Board

1.Review and provide direction on the proposed approach for the creation of the Client Advisory Board (CAB) to replace the current Resident Advisory Board (RAB).

2.Extend the term of the Section 8 Resident Advisory Board (RAB) member on the Housing Authority Board until two CAB members are appointed (at least one a Section 8 voucher holder)

11.C.f
Packet Pg. 1350 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Client Advisory Board
Staff recommends City Council

1.Introduce for First Reading an Ordinance, adding Chapter 2.70 to create the CAB

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Packet Pg. 1351 Attachment: PowerPoint Presentation (5644 : RAB Update to Council) Housing Authority
Report
City Council Meeting: April 11, 2023
Agenda Item: 12.A
1 of 9
To: Housing Authority
From: Danielle Noble, Acting Director, Community Services Department, Housing and Human Services
Subject: Adoption of Santa Monica Housing Authority Draft Fiscal Year 2023-24 Annual and Administrative Plans
Recommended Action
Staff recommends that following the close of the public hearing the Housing Authority Board:

1. Adopt the FY 2023-24 Santa Monica Housing Authority Annual Plan, provided as Attachment A;

2. Adopt the FY 2023-24 Santa Monica Housing Authority Administrative Plan, provided as Attachment B;

3. Adopt the New Family Self-Sufficiency Action Plan (Formerly Chapter 18 of the Administrative Plan) as Attachment C; and

4. Authorize the Submission of the FY 2023-24 Annual and Administrative Plans to the United States Department of Housing and Urban Development.

5. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Summary
The Santa Monica Housing Authority (SMHA) administers approximately 1,675 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households amongst five federal housing programs:
• Housing Choice Voucher (HCV);
• Continuum of Care (CoC);
• HOME Investment Partnerships Program (HOME);
• Veterans Affairs Supportive Housing (VASH); and
• Emergency Housing Voucher (EHV).

12.A
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Each year, SMHA is required to submit an Annual Plan and progress report to the U.S.

Department of Housing and Urban Development (HUD) to inform the agency, voucher participants, and members of the public of updates to the Authority’s mission, goals, and objectives. The SMHA’s mission mirrors that of HUD’s, which is to promote adequate and affordable housing, economic opportunity, and a suitable living environment free from discrimination. The SMHA operates in accordance with the rules and regulations detailed in its Administrative Plan, which is a combination of federally established regulations and local policies and procedures.

This year, the SMHA is proposing two discretionary policy changes to the Administrative Plan (Attachments B and F) in response to input from Resident Advisory Board members, voucher participants, and the Legal Aid Foundation of Los Angeles. The proposed changes would enhance opportunities for utilizing vouchers in shared housing and clarify responsibilities and notification requirements regarding annual rent increases. In accordance with federal regulations and HUD guidance, the SMHA has prepared an updated Family Self-Sufficiency (FSS) Action Plan (Attachment C). The proposed FSS Action Plan is a stand-alone policy document based on HUD’s template FSS Action Plan (Attachment D). Therefore, the corresponding FSS content from the former Chapter 18 of the Administrative Plan has been transferred to the proposed FSS Action Plan, which incorporates updated policies to comply with the new federal regulations.

Background
Council, along with two tenant representatives, act as the Housing Authority Board for the SMHA. On October 13, 2020, the Housing Authority Board approved the SMHA’s current 5-Year Plan (Attachment E). On April 12, 2022, the Housing Authority Board approved the SMHA’s current Administrative Plan, which details the rules and regulations that govern SMHA’s operations. HUD issues mandatory updates to the Administrative Plan annually, and Housing Authorities like the SMHA can propose discretionary changes to the Administrative Plan.

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Each year, the SMHA is required to submit an Annual Plan, updated progress on the 5- Year Plan, and any updates to the Administrative Plan to HUD. Each SMHA HUDfunded voucher program has its own set of requirements for performance reporting, and the Annual Plan represents progress updates regarding the HCV program. Specifically, the SMHA prepares and submits a Streamlined Annual Plan due to its “voucher only” designation. The designation is reserved for Housing Authorities that administer more than 550 HCVs, do not own or manage public housing, and was not designated as troubled in its most recent Section Eight Management Assessment Program (SEMAP) performance assessment. The deadline to submit the Fiscal Year (FY) 2023-24 Annual Plan is April 17, 2023.

Discussion
Recent changes brought on by the passage of the Economic Growth, Regulatory Relief, and Consumer Protection Act, which was codified via the federal ruling process, amended HUD's regulations to the FSS Program and required significant changes to Chapter 18 of the Administrative Plan. The FSS Program was designed to work in tandem with the SMHA’s rental assistance programs (such as HCV) to enable participating low-income families to increase earned income, achieve economic stability, and reduce or eliminate their need for welfare assistance and rental subsidies.

To accommodate these changes, HUD encouraged the use of and provided Housing Authorities with a template for an FSS Action Plan to exist as a stand-alone policy document regarding program administration and tenant rights. For this reason, the SMHA is proposing the transfer of Chapter 18 of the Administrative Plan for FY 2023-24 into HUD’s template FSS Action Plan. The proposed FSS Action Plan encompasses all the federally required changes of FSS program administration, tenant’s rights under the program, and outlines the program in a user-friendly way.

The proposed FY 2023-24 Annual Plan remains unchanged from the existing FY 2022- 23 Annual Plan and includes the following progress updates:
• Three more City-funded affordable housing developments totaling 179 apartments (1834 14th St., 1413 Michigan Ave., and 1819 Pico Blvd.) are

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anticipated for completion during 2023 which will also provide new opportunities for voucher holders.
• 67 affordable apartments within otherwise market-rate buildings created pursuant to zoning policies (known as inclusionary housing) were completed during 2021 and 2022, and an additional 20 affordable inclusionary apartments are scheduled for completion in 2023.
• During 2022, City staff was able to increase the HOME voucher program to assist 19 new households and achieved a high point of 52 households assisted; the HOME voucher program prioritizes residents who are at risk of losing their housing due to rent burden and other factors.
• Beginning in October 2022 and continuing through 2023, approximately 191 voucher households are/will be receiving City-funded rental assistance, through the Rent Control Adjustment Relief program, to reduce the severe rent burden resulting from annual rent increases.
• The SMHA achieved a historic voucher utilization highpoint during 2022 of 1,366 Housing Choice Vouchers (also known as Section 8).
• Santa Monica’s eviction prevention efforts include an ordinance that requires landlords to report all eviction attempts and a Right to Counsel program that helps fund a local legal services office’s effort that every low-income family has an attorney in their eviction case. The City has also passed tenant protection laws and funded enforcement programs that protect key classes of persons such as tenants living with disabilities.

Two proposed discretionary changes to the Administrative Plan, in response to input from Resident Advisory Board members and other stakeholders, are discussed below.

Community Input
The proposed streamlined and formulaic Annual Plan requires a 45-day public comment period and subsequent approval by the Housing Authority Board, even if there are no substantive changes since the previously approved Annual Plan. The SMHA welcomed input regarding the Annual Plan, Administrative Plan, and FSS Action Plan during the

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public review period. All documents were available for review and public comment through March 20, 2023 and are provided as attachments to this report.

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, and February 25, 2023. On February 6, 2023, staff directly notified, via direct mail and email correspondence, members of the Resident Advisory Board (RAB; all participants in the HCV program are RAB members) and all other voucher participants, of the opportunity to provide input on the SMHA Plans. Staff also invited all voucher participants to the Housing Commission meeting held on March 2, 2023, at 6:00 PM, to provide comments and input on the SMHA Plans. Input was received from 12 voucher participants and the Legal Aid Foundation of Los Angeles responding to the SMHA’s written outreach.

Additionally, staff invited all voucher program participants to a workshop on March 13, 2023, during the afternoon, which served as another opportunity and an alternative to the evening Housing Commission meeting, to provide input during the public review period. The workshop offered information to voucher participants about the discretionary policies and the federally-mandated regulations contained in the Administrative Plan. A total of 26 people attended the workshop, among which five provided input.

Housing Commission Input
The Housing Commission considered the draft Annual/Administrative Plans at its March 2, 2023 meeting. Commissioners were not able to reach a consensus regarding advisory input to the Housing Authority Board. Two motions were made - one to recommend approval of the Plans, and another to recommend that the Housing Authority Board not approve the Plans until the RAB/CAB has an opportunity to meet, but neither motion passed. Only two members of the public attended the meeting, neither provided input, although two voucher participants submitted comments.

RAB/Voucher Participant/General Public Input
Overall, participation in the public comment period resulted in staff receiving feedback via email, mail, in-person, over the phone, through the Housing Commission meeting,

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and at the Administrative Plan Workshop. Staff received several comments regarding the RAB’s implementation, representation, and structure. Although comments regarding the RAB do not relate to changes to the Administrative Plan, the comments are directly related to the Annual Plan process. Staff has developed recommendations regarding the RAB at the direction of the Housing Authority Board that address these comments which will be presented at the April 11, 2023, Council meeting under a separate agenda item.

Staff is proposing two discretionary policy changes to the Administrative Plan based on input from RAB members and the Legal Aid Foundation of Los Angeles that would enhance opportunities for utilizing vouchers in shared housing and clarify responsibilities and notification requirements regarding annual rent increases. The changes can be found in the draft Administrative Plan and an excerpt of the proposed changes can be found in Attachment F.

The first change is proposed in response to a comment from a RAB member about expanding voucher opportunities to shared housing. Shared housing would allow voucher holders to cohabitate and rent individual rooms in a household with nonvoucher participants. Staff understands the difficulties of securing housing in the private market and agrees that shared housing offers greater choice to voucher holders. To accommodate the shared housing element, the draft Administrative Plan would be amended to allow for that option. The draft policy can be found in Chapter 15, Page 15- 1, of the draft Administrative Plan.

The second change is proposed in response to comments from RAB members, voucher participants, and the Legal Aid Foundation of Los Angeles. The comments addressed the Santa Monica Housing Authority’s current rent increase policy, practices, and procedures. Staff agrees that the current annual rent increase policy should be revised to require landlords to affirmatively request rent increases at least 60-days in advance and notify tenants regarding rent increases, in addition to the SMHA’s existing practice of notification to tenants of rent increases. The draft policy can be found in Chapter 8,

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Staff also received input regarding creating two new programs and restarting a completed program, additional staffing, payment standards, customer service and delivery. Staff has summarized and responded to all comments in Attachment G.

Staff received input about creating a homeownership program, applying for the Move to Work (MTW) program, and restarting the FSS program. MTW is a program for Housing Authorities (not voucher participants) that provides opportunities to design and test innovative, locally designed strategies to help residents find employment and become self-sufficient. The FSS program’s goal is for voucher participants to increase earned income, achieve economic stability, and reduce or eliminate their need for welfare assistance and rental subsidies. Housing Authorities must achieve a mandated number of graduates in the FSS program. The SMHA administered the FSS program for more than a decade, met and exceeded the federal mandate, and closed the program to new participants a few years ago due to insufficient resources from HUD and limited staff capacity within the SMHA and supportive service agencies to effectively administer the program.

The SMHA does not currently have resources to create and administer a homeownership program, MTW program, or FSS program and is focused on completing its core responsibilities for Santa Monica residents according to HUD’s requirements.

However, staff can explore the viability of pursuing these programs as the capacity of the Santa Monica Housing Authority and Housing Division expand.

Staff received feedback about the need for new specialized staff positions of Landlord Liaison/Housing Navigator and Veteran Liaison, as well as the payment standard. The SMHA currently does not have the financial resources to hire the requested staff and such resources in whole or in part are provided through City-funded social service agencies and the Veterans Administration. The potential of increasing the payment standard amount is currently under review per previous direction from Council and will be determined following the completion of a financial feasibility analysis.

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Staff also received a variety of input regarding customer service and delivery. Staff acknowledges the feedback involving improvements in transparency, accessibility, and communication strategies and will work to enhance customer service and delivery in those areas.

A full list of comments received from RAB members, other voucher program participants, and the public about the draft SMHA Plans are along with staff responses.

The actual written comments are attached verbatim in Attachment H.

Environmental Review
The draft SMHA Plans are categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The plans is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed strategies allocate vouchers for housing and do not cause the construction of any new projects that could have a significant environmental effect. Therefore, it can be seen with certainty that the SMHA plans would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.

Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

Prepared By: Patrick Komesu, Sr. Administrative Analyst Approved Forwarded to Council

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Attachments:

A. Draft Annual Plan FY 2023-24
B. Draft Administrative Plan FY2023-24
C. Draft FSS Action Plan
D. HUD's Template FSS Action Plan
E. 5-YearPlan FY 2020
F. Propose Changes to Administrative Plan
G. Summary of Comments and Responses
H. Actual Written Comments
I. Written Comments

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Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024

Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.

Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.

A. PHA Information.

A.1 PHA Name: Santa Monica Housing Authority_______________________________________________ PHA Code: CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/01/23___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1,521________
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.

A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.

PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:

Attachment A 12.A.a
Packet Pg. 1361 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan)

B. Plan Elements.

B.1 Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.

Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.

Financial Resources.

Rent Determination.

Operation and Management.

Informal Review and Hearing Procedures.

Homeownership Programs.

Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.

Substantial Deviation.

Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):

B.2 New Activities. – Not Applicable
B.3 Progress Report.

Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. The progress report is attached.

B.4 Capital Improvements. – Not Applicable
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?

Y N N/A
(b) If yes, please describe:

C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan?
Y N

(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.

C.2 Certification by State or Local Officials.

Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.

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C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing (AFFH).

Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.

Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:

Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.)

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Packet Pg. 1363 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan)

Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.

PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must:

Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).

The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).

Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).

Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.

If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.

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Packet Pg. 1364 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan)

B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.

B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.

C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.

C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.

Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).

C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.

D. Affirmatively Furthering Fair Housing (AFFH).

D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.

Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.

This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.

Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.

Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality

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Packet Pg. 1365 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan) Santa Monica Housing Authority (SMHA) 5-Year Plan Progress Report Below are the goals and objectives identified in the SMHA 5-year Plan. The 5-year Plan was approved by the Housing Authority Board on October 13, 2020. • Goal: Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments.

Progress: One supportive housing development targeting persons experiencing homelessness has received its City housing trust fund financing commitment, State of California Tax Credit Allocation Committee funding commitment, and land use and design approvals, and is currently in construction with an anticipated completion in 2023.

The SMHA has allocated 57 project-based vouchers to this development. Another development targeting young adults at risk of homelessness or experiencing housing insecurity is in the predevelopment stage, has received some funding commitments, and staff will be finalizing a housing trust fund commitment from the City in 2023. The SMHA intends to allocate approximately 13 project-based vouchers to this development. • Goal: Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica.

Progress: A significant amount of voucher applicants continues to be households in the Santa Monica workforce. The most recent data from 2021 indicates that almost ¾ of applicants pulled from the waitlist (444 out of 600) work 25 hours a week or more in Santa Monica. Additional tenant-based Housing Choice vouchers (also known as Section 8 vouchers) were not issued during 2022 due to limitations in the SMHA’s federallyallocated rental assistance budget. • Goal: Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities.

Progress: No updates to report. Note, that in 2021 the SMHA was allocated 104 Emergency Housing Vouchers by the federal department of Housing and Urban Development, which prioritizes people experiencing homelessness, many of whom are living with disabilities.
• Goal: Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing (VASH) and Continuum of Care vouchers, as they are available.

Progress: SMHA has 35 VASH vouchers, 20 of which were awarded on 2/1/2020.

Twenty of the vouchers are being utilized, and SMHA relies on the Veterans Administration to connect veterans to available vouchers. Additionally, the SMHA achieved a highpoint of 250 lease-up Continuum of Care vouchers during 2022. • Goal: Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit.

Progress: No updates to report.

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Packet Pg. 1366 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan) • Goal: Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality.

Progress:
o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, which were completed during 2021. This assisted the SMHA with handling an increased workload due to pandemic-related income loss affecting households and the associated interim reexaminations, which result in lowering tenants’ portion of rent. SMHA also expanded the contract with NMA to include eligibility determination for 300 waitlist applicants, which was completed in December 2021 and resulted in the issuance of more than 100 vouchers to new program participants.
o SMHA achieved a historic voucher utilization highpoint during 2022 of 1,366 Housing Choice Vouchers.
• Goal: Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed.

Progress: No updates to report.
• Goal: Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher (HCV), Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously.

Progress:
o On May 1, 2020, SMHA opened waitlists for the HCV program. As of this report the HCV waitlist has more than 26,000 applicants.
o On May 1, 2020, the Below Market Housing (BMH) program waitlist opened. As of this report, the BMH waitlist has more than 10,500 applicants. o The city continues to conduct outreach for the POD program to increase awareness and enrollment. The POD program provides cash assistance to very low-income seniors in rent-controlled apartments to prevent displacement. As of this report, the POD program has 201participants receiving an average of $500 in monthly cash assistance.
• Goal: Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants.

Progress:
o During 2022, staff was able to increase the HOME voucher program to assist 19 new households and achieved a highpoint of 52 households assisted. the HOME voucher program prioritizes residents who are at risk of losing their housing due to rent burden and other factors.

Beginning in October 2022 and continuing through 2023, approximately 191 voucher households are/will be receiving City rental assistance to reduce severe rent burden resulting from annual rent increases.
o During 2021, the rehabilitation of a residential rental property containing 30 apartments and serving mostly low-income households, many of whom are in voucher programs, was also completed in 2021.

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Packet Pg. 1367 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan) • Goal: Coordinate with Human Services and service providers to prevent eviction and displacement.

Progress:
o Santa Monica’s eviction prevention efforts include an ordinance that requires landlords to report all eviction attempts and a Right to Counsel program that helps fund a local legal services office’s attempt to make sure that every low-income family has an attorney in their eviction case. The City has also passed tenant protection laws and funded enforcement programs that protect key protected classes such as tenants with disabilities.
o As of July 2020, the city’s Housing and Human Services divisions have merged into one division for improved coordination and service delivery. SMHA staff are embedded into the city’s Housing and Human Services Division and work closely with other city departments (City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement.
o The City provides funding to the Legal Aid Foundation of Los Angeles, which has an office in Santa Monica and represents low-income Santa Monica residents who face possible eviction and displacement.
o The City provides funding to various social service providers, such as Wise and Healthy Aging, St. Joseph Service Center, Step Up On Second, and The People Concern, who provide supportive services to low-income residents to assist in preventing eviction and displacement.
• Goal: Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs.

Progress: No updates to report.
• Goal: Develop a client-focused customer service policy.

Progress: No updates to report.
• Goal: Increase community integration for persons with disabilities Progress:
o On May 1, 2020 the BMH program waitlist opened, which seeks information regarding accommodations for applicants living with disabilities, and then matches applicants to affordable housing opportunities which can meet the applicant needs.
o SMHA supports community integration of persons with disabilities by referring voucher households to the City Attorney’s Office’s Consumer Protection Unit (CPU), which provides the Santa Monica community with a three-prong approach to eliminating housing discrimination against persons with disabilities: 1) Investigating fair housing complaints; 2) Providing public education with workshops about housing rights and responsibilities, newspapers articles, webpages, and then information by phone or email; and 3) Advising the City Council whether new legal protections might be needed. Regarding the first prong, for those investigations that show fair housing violations, then the CPU’s deputy city attorneys help resolve those informally or through litigation.

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Packet Pg. 1368 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan) • Goal: Promote civic engagement of recipients
Progress: SMHA directly contacts all voucher program recipients one or more times annually and encourages participation in revising and updating voucher administration policy, including opportunities for engaging with the Housing Commission and the City Council.
• Goal: Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access.

Progress: During 2021 and 2022, three City-funded affordable housing developments totaling 116 apartments were completed, which provided new opportunities for voucher holders. Additionally, three more City-funded affordable housing developments totaling 179 apartments are anticipated for completion during 2023 which will also provide new opportunities for voucher holders. Furthermore, 67 affordable apartments within otherwise market-rate buildings created pursuant to zoning policies (known as inclusionary housing) were completed during 2021 and 2022, and an additional 20 affordable inclusionary apartments are scheduled for completion in 2023.

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Packet Pg. 1369 Attachment: Draft Annual Plan FY 2023-24 [Revision 3] (5601 : Housing Authority Annual Plan)

SANTA MONICA HOUSING AUTHORITY

ADMINISTRATIVE PLAN

FOR THE

HOUSING CHOICE VOUCHER PROGRAM
Approved by the HA Board of Commissioners:

Submitted to HUD:

Approved by HUD:

Attachment B

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Packet Pg. 1370 Attachment: Draft Administrative Plan FY2023-24 [Revision 1] (5601 : Housing Authority Annual Plan) Copyright 2022 by Nan McKay & Associates, Inc.

All rights reserved
Permission to reprint granted only to the Public Housing Authority or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.

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Introduction

ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN Chapter 1

OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA................................................................................................................ 1-1 1-I.A. Overview................................................................................................. 1-1 1-I.B. Organization and Structure of the PHA.................................................. 1-2 1-I.C. PHA Mission .......................................................................................... 1-2 1-I.D. The PHA’s Programs.............................................................................. 1-3 1-I.E. The PHA’s Commitment to Ethics and Service ..................................... 1-3 PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM................................. 1-5 1-II.A. Overview and History of the Program.................................................... 1-5 1-II.B. HCV Program Basics.............................................................................. 1-7 1-II.C. The HCV Partnerships............................................................................ 1-7 The HCV Relationships:................................................................... 1-8 What Does HUD Do? ....................................................................... 1-9 What Does the PHA Do?.................................................................. 1-9 What Does the Owner Do? ............................................................. 1-10 What Does the Family Do?............................................................. 1-11 1-II.D. Applicable Regulations......................................................................... 1-12 PART III: THE HCV ADMINISTRATIVE PLAN............................................................... 1-13 1-III.A. Overview and Purpose of the Plan........................................................ 1-13 1-III.B. Contents of the Plan (24CFR 982.54)................................................... 1-13 Mandatory vs. Discretionary Policy ............................................... 1-15 1-III.C. Organization of the Plan ....................................................................... 1-15 1-III.D. Updating and Revising the Plan ........................................................... 1-15 Chapter 2

FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: NONDISCRIMINATION....................................................................................... 2-3 2-I.A. Overview................................................................................................. 2-3 2-I.B. Nondiscrimination .................................................................................. 2-4 Providing Information to Families and Owners ............................... 2-5 Discrimination Complaints............................................................... 2-5 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES............................. 2-7 2-II.A. Overview................................................................................................. 2-7 2-II.B. Definition of Reasonable Accommodation ............................................ 2-8 Types of Reasonable Accommodations............................................ 2-8 2-II.C. Request for an Accommodation ............................................................. 2-9 2-II.D. Verification of Disability...................................................................... 2-10 2-II.E. Approval/Denial of a Requested Accommodation
[Joint Statement of the Departments of HUD and Justice:

Reasonable Accommodations under the Fair Housing Act,
Notice PIH 2010-26]............................................................................. 2-11

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2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments ......................................................................... 2-12 2-II.G. Physical Accessibility........................................................................... 2-13 2-II.H. Denial or Termination of Assistance .................................................... 2-14 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)....................................................................... 2-15 2-III.A. Overview............................................................................................... 2-15 2-III.B. Oral Interpretation ................................................................................ 2-16 2-III.C. Written Translation............................................................................... 2-16 2-III.D. Implementation Plan............................................................................. 2-17 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201]............................... 2-19 Chapter 3

ELIGIBILITY
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS.......................... 3-3 3-I.A. Overview................................................................................................. 3-3 3-I.B. Family and Household [24 CFR 982.201(c); FR Notice 02/03/12; Notice PIH 2014-20]............................................................................... 3-3 Family............................................................................................... 3-3 Household......................................................................................... 3-3 3-I.C. Family Breakup and Remaining Member of Tenant Family.................. 3-4 Family Breakup [24 CFR 982.315] .................................................. 3-4 Remaining Member of a Tenant Family [24 CFR 5.403] ................ 3-4 3-I.D. Head of Household [24 CFR 5.504(b)] .................................................. 3-5 3-I.E. Spouse, Cohead, and Other Adult .......................................................... 3-5 3-I.F. Dependent [24 CFR 5.603]..................................................................... 3-6 Joint Custody of Dependents............................................................ 3-6 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................... 3-6 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12]..................................... 3-6 Elderly Persons ................................................................................ 3-6 Near-Elderly Persons........................................................................ 3-6 Elderly Family .................................................................................. 3-6 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] ............................................................................... 3-7 Persons with Disabilities................................................................... 3-7 Disabled Family................................................................................ 3-7 3-I.J. Guests [24 CFR 5.100] ........................................................................... 3-7

3.I.K. Foster Children and Foster Adults.......................................................... 3-8 3-I.L. Absent Family Members......................................................................... 3-8 Definitions of Temporarily and Permanently Absent....................... 3-8 Absent Students................................................................................ 3-8 Absences Due to Placement in Foster Care [24 CFR 5.403]............ 3-9 Absent Head, Spouse, or Cohead ..................................................... 3-9

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Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] ........................................................................... 3-9 Return of Permanently Absent Family Members............................. 3-9 3-I.M. Live-In Aide.......................................................................................... 3-10 PART II: BASIC ELIGIBILITY CRITERIA....................................................................... 3-11 3-II.A. Income Eligibility and Targeting.......................................................... 3-11 Income Limits................................................................................. 3-11 Definitions of the Income Limits [24 CFR 5.603(b)]..................... 3-11 Using Income Limits for Eligibility [24 CFR 982.201] ................. 3-11 Using Income Limits for Targeting [24 CFR 982.201].................. 3-12 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] ..... 3-13 Declaration [24 CFR 5.508] ........................................................... 3-13 Mixed Families............................................................................... 3-14 Ineligible Families [24 CFR 5.514(d), (e), and (f)]........................ 3-14 Timeframe for Determination of Citizenship Status
[24 CFR 5.508(g)] .......................................................................... 3-15 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2012-10]............................................................................. 3-15 3-II.D. Family Consent to Release of Information [24 CFR 5.230; HCV GB, p. 5-13]................................................................................. 3-16 3-II.E. Students Enrolled In Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06] ..................................................... 3-17 Definitions ...................................................................................... 3-17 Determining Student Eligibility...................................................... 3-19 PART III: DENIAL OF ASSISTANCE ................................................................................ 3-21 3-III.A. Overview............................................................................................... 3-21 Forms of Denial [24 CFR 982.552(a)(2); HCV GB, p. 5-35] ........ 3-21 Prohibited Reasons for Denial of Program Assistance
[24 CFR 982.202(b), 24 CFR 5.2005(b)] ....................................... 3-21 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a)]........................ 3-22 3-III.C. Other Permitted Reasons for Denial of Assistance............................... 3-23 Criminal Activity [24 CFR 982.553].............................................. 3-23 Previous Behavior in Assisted Housing [24 CFR 982.552(c)]....... 3-24 3-III.D. Screening .............................................................................................. 3-25 Screening for Eligibility ................................................................. 3-25 Screening for Suitability as a Tenant [24 CFR 982.307]................ 3-26 3-III.E. Criteria for Deciding to Deny Assistance............................................. 3-27 Evidence [24 CFR 982.553(c)]....................................................... 3-27 Consideration of Circumstances [24 CFR 982.552(c)(2)].............. 3-27 Removal of a Family Member's Name from the Application......... 3-29 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]............. 3-29 3-III.F. Notice of Eligibility or Denial .............................................................. 3-30

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3-III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking.................... 3-31 Notification..................................................................................... 3-31 Documentation................................................................................ 3-32 Exhibit 3-1: Detailed Definitions Related to Disabilities ......................................................... 3-33 Person with Disabilities [24 CFR 5.403]........................................ 3-33 Individual with Handicaps [24 CFR 8.3]........................................ 3-35 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002]............ 3-37 Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] ...................................... 3-37 Chapter 4

APPLICATIONS, WAITING LIST AND TENANT SELECTION
PART I: THE APPLICATION PROCESS ........................................................................... 4-3 4-I.A. Overview................................................................................................. 4-3 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36].................................. 4-3 4-I.C. Accessibility of the Application Process................................................ 4-4 Elderly and Disabled Populations [24 CFR 8 and HCV GB,
pp. 4-11 – 4-13] ................................................................................ 4-4 Limited English Proficiency............................................................. 4-4 4-I.D. Placement on the Waiting List................................................................ 4-5 Ineligible for Placement on the Waiting List.................................... 4-5 Eligible for Placement on the Waiting List ...................................... 4-5 PART II: MANAGING THE WAITING LIST...................................................................... 4-7 4-II.A. Overview................................................................................................. 4-7 4-II.B. Organization of the Waiting List [24 CFR 982.204 and 205]................ 4-7 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206]..................... 4-8 Closing the Waiting List................................................................... 4-8 Reopening the Waiting List.............................................................. 4-8 4-II.D. Family Outreach [HCV GB, pp. 4-2 to 4-4]........................................... 4-9 4-II.E. Reporting Changes in Family Circumstances....................................... 4-10 4-II.F. Updating the Waiting List [24 CFR 982.204] ...................................... 4-10 Purging the Waiting List................................................................. 4-10 Removal from the Waiting List ...................................................... 4-11 PART III: SELECTION FOR HCV ASSISTANCE ............................................................. 4-13 4-III.A. Overview............................................................................................... 4-13 4-III.B. Selection and HCV Funding Sources................................................... 4-13 Special Admissions [24 CFR 982.203] .......................................... 4-13 Targeted Funding [24 CFR 982.204(e)]......................................... 4-13 Regular HCV Funding.................................................................... 4-13 4-III.C. Selection Method .................................................................................. 4-14 Local Preferences [24 CFR 982.207; HCV p. 4-16] ...................... 4-14 Income Targeting Requirement [24 CFR 982.201(b)(2)]............... 4-14

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Order of Selection........................................................................... 4-15 4-III.D. Notification of Selection....................................................................... 4-16 4-III.E. The Application Interview.................................................................... 4-16 4-III.F. Completing the Application Process .................................................... 4-18 Chapter 5

BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS...................................................... 5-1 5-I.A. Overview................................................................................................. 5-1 5-I.B. Briefing [24 CFR 982.301]..................................................................... 5-2 Notification and Attendance ............................................................. 5-2 Oral Briefing [24 CFR 982.301(a)] .................................................. 5-3 Briefing Packet [24 CFR 982.301(b)] .............................................. 5-4 Additional Items to be Included in the Briefing Packet ................... 5-5 5-I.C. Family Obligations ................................................................................ 5-6 Time Frames for Reporting Changes Required by Family
Obligations........................................................................................ 5-6 Family Obligations [24 CFR 982.551]............................................. 5-6 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE.................................. 5-11 5-II.A. Overview............................................................................................... 5-11 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402].............. 5-11 5-II.C. Exceptions to Subsidy Standards.......................................................... 5-13 5-II.D. Voucher Issuance [24 CFR 982.302].................................................... 5-14 5-II.E. Voucher Term and Extensions.............................................................. 5-15 Voucher Term [24 CFR 982.303]................................................... 5-15 Extensions of Voucher Term [24 CFR 982.303(b)]....................... 5-15 Suspensions of Voucher Term [24 CFR 982.303(c)]..................... 5-17 Expiration of Voucher Term........................................................... 5-17 Chapter 6

INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME............................................................................................... 6-2 6-I.A. Overview................................................................................................. 6-2 6-I.B. Household Composition and Income...................................................... 6-3 Summary of Income Included and Excluded by Person................... 6-3 Temporarily Absent Family Members.............................................. 6-4 Family Members Permanently Confined for Medical Reasons........ 6-5 Joint Custody of Dependents............................................................ 6-5 Caretakers for a Child....................................................................... 6-6 6-I.C. Anticipating Annual Income .................................................................. 6-7 Basis of Annual Income Projection .................................................. 6-7 Projecting Income............................................................................. 6-8 6-I.D. Earned Income ........................................................................................ 6-9 Types of Earned Income Included in Annual Income ...................... 6-9 Types of Earned Income Not Counted in Annual Income ............... 6-9

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6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16] ....................................................................... 6-13 Eligibility ........................................................................................ 6-13 Calculation of the Disallowance..................................................... 6-14 Original Calculation Method .......................................................... 6-14 Revised Calculation Method........................................................... 6-15 6-I.F. Business Income [24 CFR 5.609(b)(2)]................................................ 6-16 Business Expenses.......................................................................... 6-16 Business Expansion ........................................................................ 6-16 Capital Indebtedness....................................................................... 6-16 Negative Business Income.............................................................. 6-17 Withdrawal of Cash or Assets from a Business.............................. 6-17 Co-owned Businesses..................................................................... 6-17 6-I.G. Assets [24 CFR 5.609(b)(3); 24 CFR 5.603(b)]................................... 6-18 Overview......................................................................................... 6-17 General Policies.............................................................................. 6-18 Types of Assets............................................................................... 6-22 6-I.H. Periodic Payments ................................................................................ 6-22 Periodic Payments Included in Annual Income.............................. 6-26 Lump-Sum Payments for the Delayed Start of a
Periodic Payment............................................................................ 6-26 Treatment of Overpayment Deductions from
Social Security Benefits.................................................................. 6-26 Periodic Payments Excluded from Annual Income........................ 6-27 6-I.I. Payments In Lieu of Earnings............................................................... 6-28 6-I.J. Welfare Assistance ............................................................................... 6-29 Overview......................................................................................... 6-29 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]............................................................................... 6-29 6-I.K. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)]............ 6-30 Alimony and Child Support............................................................ 6-30 Regular Contributions or Gifts ....................................................... 6-30 6-I.L. Student Financial Assistance [24 CFR 5.609(b)(9); Notice PIH 2015-21]............................................................................. 6-31 Student Financial Assistance Included in Annual Income
[24 CFR 5.609(b)(9) ); FR 4/10/06; Notice PIH 2015-21]............. 6-31 Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)]...................................................................... 6-32 6-I.M. Additional Exclusions From Annual Income ....................................... 6-33 PART II: ADJUSTED INCOME.......................................................................................... 6-37 6-II.A. Introduction........................................................................................... 6-37 Overview......................................................................................... 6-37 Anticipating Expenses.................................................................... 6-37 6-II.B. Dependent Deduction ........................................................................... 6-38 6-II.C. Elderly or Disabled Family Deduction................................................. 6-38

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6-II.D. Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)] ........................ 6-39 Definition of Medical Expenses...................................................... 6-39 Summary of Allowable Medical Expenses from IRS
Publication 502 ............................................................................... 6-39 Families That Qualify for Both Medical and Disability
Assistance Expenses....................................................................... 6-40 6-II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ........................................................................ 6-41 Earned Income Limit on the Disability Assistance
Expense Deduction ......................................................................... 6-41 Eligible Disability Expenses........................................................... 6-42 Necessary and Reasonable Expenses.............................................. 6-43 Families That Qualify for Both Medical and Disability
Assistance Expenses....................................................................... 6-43 6-II.F. Child Care Expense Deduction............................................................. 6-44 Clarifying the Meaning of Child for This Deduction ..................... 6-44 Qualifying for the Deduction.......................................................... 6-44 Earned Income Limit on Child Care Expense Deduction .............. 6-46 Eligible Child Care Expenses......................................................... 6-47 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY............................... 6-49 6-III.A. Overview of Rent and Subsidy Calculations........................................ 6-49 TTP Formula [24 CFR 5.628] ........................................................ 6-49 Family Share [24 CFR 982.305(a)(5)]............................................ 6-49 PHA Subsidy [24 CFR 982.505(b)]................................................ 6-50 Utility Reimbursement [24 CFR 982.514(b); 982.514(c)]............. 6-50 6-III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630].......... 6-51 Overview......................................................................................... 6-51 HUD-Defined Financial Hardship.................................................. 6-51 Implementation of Hardship Exemption ........................................ 6-53 6-III.C. Applying Payment Standards [24 CFR 982.505; 982.503(b)] ............. 6-56 Overview......................................................................................... 6-56 Changes in Payment Standards....................................................... 6-56 Reasonable Accommodation .......................................................... 6-57 6-III.D. Applying Utility Allowances [24 CFR 982.517].................................. 6-58 Overview......................................................................................... 6-58 Reasonable Accommodation .......................................................... 6-58 Utility Allowance Revisions........................................................... 6-58 6-III.E. Prorated Assistance for Mixed Families [24 CFR 5.520]..................... 6-59 Exhibit 6-1: Annual Income Inclusions .................................................................................... 6-61 HHS Definition of "Assistance" ........................................................................... 6-62 Exhibit 6-2: Annual Income Exclusions................................................................................... 6-64 Exhibit 6-3: Treatment of Family Assets.................................................................................. 6-66 Exhibit 6-4: Earned Income Disallowance for Persons with Disabilities................................. 6-67 Exhibit 6-5: The Effect of Welfare Benefit Reduction ............................................................. 6-69

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Chapter 7

VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2010-19] PART I: GENERAL VERIFICATION REQUIREMENTS................................................. 7-1 7-I.A. Family Consent to Release of Information [24 CFR 982.516 and 982.551, 24 CFR 5.230]................................................................... 7-1 Consent Forms.................................................................................. 7-1 Penalties for Failing to Consent [24 CFR 5.232] ............................. 7-1 7-I.B. Overview of Verification Requirements................................................. 7-2 HUD’s Verification Hierarchy [Notice PIH 2010-19] ..................... 7-2 Requirements for Acceptable Documents ........................................ 7-2 File Documentation .......................................................................... 7-3 7-I.C. Up-Front Income Verification (UIV) ..................................................... 7-3 Upfront Income Verification Using HUD’s Enterprise Income Verification (EIV) System (Mandatory)........................................... 7-4 Upfront Income Verification Using Non-HUD
Systems (Optional) ........................................................................... 7-5 7-I.D. Third-Party Written and Oral Verification ............................................. 7-6 Written Third-Party Verification [Notice PIH 2010-19].................. 7-6 Written Third-Party Verification Form ............................................ 7-7 Oral Third-Party Verification [Notice PIH 2010-19]....................... 7-7 When Third-Party Verification is Not Required
[Notice PIH 2010-19] ....................................................................... 7-8 7-I.E. Self-Certification .................................................................................... 7-9 PART II: VERIFYING FAMILY INFORMATION............................................................ 7-11 7-II.A. Verification of Legal Identity ............................................................... 7-11 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2012-10].......... 7-12 7-II.C. Documentation of Age.......................................................................... 7-14 7-II.D. Family Relationships............................................................................ 7-14 Marriage.......................................................................................... 7-14 Separation or Divorce ..................................................................... 7-15 Absence of Adult Member.............................................................. 7-15 Foster Children and Foster Adults.................................................. 7-15 7-II.E. Verification of Student Status............................................................... 7-16 General Requirements .................................................................... 7-16 Restrictions on Assistance to Students Enrolled in
Institutions of Higher Education..................................................... 7-16 7-II.F. Documentation of Disability................................................................. 7-17 Family Members Receiving SSA Disability Benefits.................... 7-18 Family Members Not Receiving SSA Disability Benefits............. 7-18 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508]................ 7-19 Overview......................................................................................... 7-19 U.S. Citizens and Nationals............................................................ 7-19 Eligible Immigrants........................................................................ 7-20 7-II.H. Verification of Preference Status.......................................................... 7-20

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PART III: VERIFYING INCOME AND ASSETS ............................................................... 7-21 7-III.A. Earned Income ...................................................................................... 7-21 Tips................................................................................................. 7-21 7-III.B. Business and Self Employment Income ............................................... 7-21 7-III.C. Periodic Payments and Payments In Lieu of Earnings......................... 7-22 Social Security/SSI Benefits........................................................... 7-22 7-III.D. Alimony or Child Support .................................................................... 7-23 7-III.E. Assets and Income From Assets........................................................... 7-24 Assets Disposed of for Less than Fair Market Value ..................... 7-24 7-III.F. Net Income From Rental Property........................................................ 7-22 7-III.G. Retirement Accounts ............................................................................ 7-25 7-III.H. Income From Excluded Sources........................................................... 7-26 7-III.I. Zero Annual Income Status.................................................................. 7-26 7-III.J. Student Financial Assistance ................................................................ 7-27 7-III.K. Parental Income of Students Subject to Eligibility Restrictions........... 7-28 PART IV: VERIFYING MANDATORY DEDUCTIONS ................................................... 7-29 7-IV.A. Dependent and Elderly/Disabled Household Deductions..................... 7-29 Dependent Deduction ..................................................................... 7-29 Elderly/Disabled Family Deduction ............................................... 7-27 7-IV.B. Medical Expense Deduction ................................................................. 7-30 Amount of Expense ........................................................................ 7-30 Eligible Household ......................................................................... 7-31 Qualified Expenses......................................................................... 7-31 Unreimbursed Expenses ................................................................. 7-31 Expenses Incurred in Past Years..................................................... 7-31 7-IV.C. Disability Assistance Expenses ............................................................ 7-32 Amount of Expense ........................................................................ 7-32 Family Member is a Person with Disabilities................................. 7-33 Family Member(s) Permitted to Work ........................................... 7-33 Unreimbursed Expenses ................................................................. 7-33 7-IV.D. Child Care Expenses............................................................................. 7-34 Eligible Child.................................................................................. 7-34 Unreimbursed Expense................................................................... 7-34 Pursuing an Eligible Activity ......................................................... 7-35 Allowable Type of Child Care........................................................ 7-36 Reasonableness of Expenses........................................................... 7-36 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10]................................................................................ 7-37

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Chapter 8

HOUSING QUALITY STANDARDS AND RENT REASONABLENESS

DETERMINATIONS
[24 CFR 982 Subpart I and 24 CFR 982.507]
PART I: PHYSICAL STANDARDS.................................................................................... 8-2 8-I.A. General HUD Requirements................................................................... 8-2 HUD Performance and Acceptability Standards.............................. 8-2 Tenant Preference Items................................................................... 8-2 Modifications to Provide Accessibility ............................................ 8-3 8-I.B. Additional Local Requirements.............................................................. 8-4 Thermal Environment [HCV GB p.10-7]......................................... 8-4 Clarifications of HUD Requirements ............................................... 8-5 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a)]................................ 8-6 8-I.D. Owner and Family Responsibilities [24 CFR 982.404].......................... 8-7 Family Responsibilities .................................................................... 8-7 Owner Responsibilities..................................................................... 8-7 8-I-E. Special Requirements for Children with Environmental Intervention Blood Lead Level [24 CFR 35.1225]................................. 8-8 8-I-F. Violation of HQS Space Standards
[24 CFR 982.401, 24 CFR 982.403]....................................................... 8-8 PART II: THE INSPECTION PROCESS .............................................................................. 8-9 8-II.A. Overview [24 CFR 982.405] .................................................................. 8-9 Types of Inspections......................................................................... 8-9 Inspection of PHA-Owned Units [24 CFR 982.352(b)]................... 8-9 Inspection Costs [Notice PIH 2016-05].......................................... 8-10 Notice and Scheduling.................................................................... 8-10 Owner and Family Inspection Attendance ..................................... 8-10 8-II.B. Initial HQS Inspection [24 CFR 982.401(a)] ....................................... 8-11 Timing of Initial Inspections .......................................................... 8-11 Inspection Results and Reinspections............................................. 8-11 Utilities ........................................................................................... 8-12 Appliances ...................................................................................... 8-12 8-II.C. Annual/Biennial HQS Inspections [24 CFR 982.405; 982.406, Notice PIH 2016-05]............................................................................. 8-13 Scheduling the Inspection............................................................... 8-13 8-II.D. Special Inspections [24 CFR 982.405(g)] ............................................ 8-13 8-II.E. Quality Control Inspections [24 CFR 982.405(b), HCV GB p. 10-32]................................................................................ 8-14 8-II.F. Inspection Results and Reinspections for Units Under HAP Contract........................................................................................ 8-14 Notification of Corrective Actions ................................................. 8-14 Extensions....................................................................................... 8-15 Reinspections.................................................................................. 8-15

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8-II.G. Enforcing Owner Compliance .............................................................. 8-16 HAP Abatement.............................................................................. 8-16 HAP Contract Termination............................................................. 8-16 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)].......... 8-16 PART III: RENT REASONABLENESS [24 CFR 982.507]................................................. 8-17 8-III.A. Overview............................................................................................... 8-17 PHA-Owned Units [24 CFR 982.352(b)]....................................... 8-17 8-III.B. When Rent Reasonableness Determinations Are Required.................. 8-18 Owner-Initiated Rent Determinations............................................. 8-18 PHA- and HUD-Initiated Rent Reasonableness Determinations ... 8-18 LIHTC- and HOME-Assisted Units [24 CFR 982.507(c) ............. 8-19 8-III.C. How Comparability Is Established ....................................................... 8-19 Factors to Consider......................................................................... 8-19 Units that Must Not be Used as Comparables................................ 8-19 Rents Charged for Other Units on the Premises............................. 8-20 8-III.D. PHA Rent Reasonableness Methodology............................................. 8-21 How Market Data Is Collected ....................................................... 8-21 How Rents Are Determined............................................................ 8-21 Exhibit 8-1: Overview of HUD Housing Quality Standards .................................................... 8-23 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality ..................... 8-27 Chapter 9

GENERAL LEASING POLICIES
9-I.A. Tenant Screening .................................................................................... 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517].............................. 9-3 9-I.C. Owner Participation ................................................................................ 9-4 9-I.D. Eligible Units.......................................................................................... 9-5 Ineligible Units [24 CFR 982.352(a)]............................................... 9-5 PHA-Owned Units [24 CFR 982.352(b)]......................................... 9-5 Special Housing Types [24 CFR 982 Subpart M]............................ 9-5 Duplicative Assistance [24 CFR 982.352(c)]................................... 9-6 Housing Quality Standards (HQS) [24 CFR 982.305 and
24 CFR 982.401] .............................................................................. 9-6 Unit Size ........................................................................................... 9-7 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]........ 9-7 Rent Burden [24 CFR 982.508]........................................................ 9-7 9-I.E. Lease and Tenancy Addendum............................................................... 9-8 Lease Form and Tenancy Addendum [24 CFR 982.308]................. 9-8 Lease Information [24 CFR 982.308(d)].......................................... 9-8 Term of Assisted Tenancy................................................................ 9-9 Security Deposit [24 CFR 982.313 (a) and (b)] ............................... 9-9 Separate Non-Lease Agreements between Owner and Tenant....... 9-10 PHA Review of Lease .................................................................... 9-11 9-I.F. Tenancy Approval [24 CFR 982.305] .................................................. 9-12 9-I.G. HAP Contract Execution [24 CFR 982.305]........................................ 9-13

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9-I.H. Changes in Lease or Rent [24 CFR 982.308]....................................... 9-14 Chapter 10

MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: MOVING WITH CONTINUED ASSISTANCE ................................................. 10-1 10-I.A. Allowable Moves.................................................................................. 10-1 10-I.B. Restrictions On Moves ......................................................................... 10-3 Denial of Moves ............................................................................. 10-3 Restrictions on Elective Moves [24 CFR 982.354(c)].................... 10-4 10-I.C. Moving Process .................................................................................... 10-5 Notification..................................................................................... 10-5 Approval ......................................................................................... 10-5 Reexamination of Family Income and Composition ...................... 10-5 Voucher Issuance and Briefing....................................................... 10-5 Housing Assistance Payments [24 CFR 982.311(d)] ..................... 10-6 PART II: PORTABILITY .................................................................................................... 10-7 10-II.A. Overview............................................................................................... 10-7 10-II.B. Initial PHA Role ................................................................................... 10-8 Allowable Moves under Portability................................................ 10-8 Determining Income Eligibility...................................................... 10-9 Reexamination of Family Income and Composition ...................... 10-9 Briefing......................................................................................... 10-10 Voucher Issuance and Term ......................................................... 10-10 Voucher Extensions and Expiration ............................................. 10-10 Preapproval Contact with the Receiving PHA ............................. 10-11 Initial Notification to the Receiving PHA .................................... 10-11 Sending Documentation to the Receiving PHA ........................... 10-12 Initial Billing Deadline [Notice PIH 2012-42,
Letter to Executive Directors, 9/15/15] ........................................ 10-13 Monthly Billing Payments [24 CFR 982.355(e),
Notice PIH 2012-42]..................................................................... 10-13 Annual Updates of Form HUD-50058 ......................................... 10-14 Denial or Termination of Assistance [24 CFR 982.355(c)(17)]... 10-14 10-II.C. Receiving PHA Role........................................................................... 10-15 Responding to Initial PHA’s Request [24 CFR 982.355(c)]........ 10-15 Initial Contact with Family........................................................... 10-15 Briefing......................................................................................... 10-16 Income Eligibility and Reexamination ......................................... 10-16 Voucher Issuance.......................................................................... 10-17 Notifying the Initial PHA ............................................................. 10-18 Administering a Portable Family’s Voucher................................ 10-18 Absorbing a Portable Family........................................................ 10-21

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Chapter 11

REEXAMINATIONS
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516]........................................... 11-1 11-I.A. Overview............................................................................................... 11-1 11-I.B Streamlined Annual Reexaminations [24 CFR 982.516(b)]................. 11-2 11-I.C. Scheduling Annual Reexaminations..................................................... 11-3 Notification of and Participation in the Annual
Reexamination Process................................................................... 11-3 11-I.D. Conducting Annual Reexaminations.................................................... 11-4 11-I.E. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)]........................................................................ 11-6 11-I.F. Effective Dates...................................................................................... 11-7 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516]........................................... 11-9 11-II.A. Overview............................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ................................. 11-9 New Family Members Not Requiring PHA Approval ................... 11-9 New Family and Household Members Requiring Approval ........ 11-10 Departure of a Family or Household Member.............................. 11-11 11-II.C. Changes Affecting Income or Expenses............................................. 11-12 PHA-Initiated Interim Reexaminations........................................ 11-12 Family-Initiated Interim Reexaminations..................................... 11-13 11-II.D. Processing the Interim Reexamination ............................................... 11-14 Method of Reporting..................................................................... 11-14 Effective Dates.............................................................................. 11-14 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............. 11-15 11-III.A. Overview............................................................................................. 11-15 11-III.B. Changes In Payment Standards and Utility Allowances .................... 11-15 Payment Standards [24 CFR 982.505] ......................................... 11-15 Subsidy Standards [24 CFR 982.505(c)(4)] ................................. 11-16 Utility Allowances [24 CFR 982.517(d)]..................................... 11-16 11-III.C. Notification of New Family Share and HAP Amount........................ 11-16 11-III.D. Discrepancies...................................................................................... 11-16

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Chapter 12

TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ...................................... 12-1 12-I.A. Overview............................................................................................... 12-1 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455]................. 12-1 12-I.C. Family Chooses to Terminate Assistance............................................. 12-2 12-I.D. Mandatory Termination of Assistance.................................................. 12-2 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]................ 12-2 Failure to Provide Consent [24 CFR 982.552(b)(3)]...................... 12-2 Failure to Document Citizenship [24 CFR 982.552(b)(4)
and 24 CFR 5.514(c)] ..................................................................... 12-3 Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2012-10] ........................................ 12-3 Methamphetamine Manufacture or Production
[24 CFR 983.553(b)(1)(ii)]............................................................. 12-3 Failure of Students to Meet Ongoing Eligibility
Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]................. 12-3 Death of the Sole Family Member [24 CFR 982.311(d) and
Notice PIH 2010-3]......................................................................... 12-4 12-I.E. Mandatory Policies and Other Authorized Terminations..................... 12-4 Mandatory Policies [24 CFR 982.553(b) and 982.551(l)].............. 12-4 Other Authorized Reasons for Termination of Assistance
[24 CFR 982.552(c), 24 CFR 5.2005(c)]........................................ 12-7 PART II: APPROACH TO TERMINATION OF ASSISTANCE....................................... 12-9 12-II.A. Overview............................................................................................... 12-9 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ................................. 12-9 12-II.C. Alternatives to Termination of Assistance ........................................... 12-9 Change in Household Composition................................................ 12-9 Repayment of Family Debts........................................................... 12-9 12-II.D. Criteria for Deciding to Terminate Assistance ................................... 12-10 Evidence ....................................................................................... 12-10 Consideration of Circumstances [24 CFR 982.552(c)(2)(i)]........ 12-10 Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]........... 12-11 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault or Stalking.................................................................. 12-12 VAWA Protections against Terminations.................................... 12-12 Limitations on VAWA Protections
[24 CFR 5.2005(d) and (e)] .......................................................... 12-13 Documentation of Abuse [24 CFR 5.2007].................................. 12-14 Terminating the Assistance of a Domestic
Violence Perpetrator..................................................................... 12-14 12-II.F. Termination Notice............................................................................. 12-15

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PART III: TERMINATION OF TENANCY BY THE OWNER........................................ 12-17 12-III.A. Overview............................................................................................. 12-17 12-III.B. Grounds for Owner Termination of Tenancy
[24 CFR 982.310, 24 CFR 5.2005(c), and
Form HUD-52641-A, Tenancy Addendum]....................................... 12-17 Serious or Repeated Lease Violations.......................................... 12-17 Violation of Federal, State, or Local Law .................................... 12-17 Criminal Activity or Alcohol Abuse............................................. 12-17 Other Good Cause......................................................................... 12-18 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] .......................................................................... 12-19 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)]..................................... 12-20 12-III.E. Effect of Tenancy Termination on the Family’s Assistance .............. 12-20 Exhibit 12-1:Statement of Family Obligations........................................................................ 12-21 Chapter 13
OWNERS
PART I: OWNERS IN THE HCV PROGRAM ................................................................. 13-3 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6]............. 13-3 Recruitment..................................................................................... 13-3 Retention......................................................................................... 13-4 13-I.B. Basic HCV Program Requirements...................................................... 13-5 13-I.C. Owner Responsibilities [24 CFR 982.452]........................................... 13-7 13-I.D. Owner Qualifications............................................................................ 13-8 Owners Barred from Participation [24 CFR 982.306(a) and (b)]... 13-8 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2] ....... 13-8 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19] .............. 13-8 Owner Actions That May Result in Disapproval of a
Tenancy Request [24 CFR 982.306(c)]........................................ 13-10 Legal Ownership of Unit .............................................................. 13-11 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641]................ 13-11 PART II: HAP CONTRACTS............................................................................................ 13-13 13-II.A. Overview............................................................................................. 13-13 13-II.B. HAP Contract Contents ...................................................................... 13-14 13-II.C. HAP Contract Payments..................................................................... 13-16 General.......................................................................................... 13-16 Owner Certification of Compliance.............................................. 13-16 Late HAP Payments [24 CFR 982.451(a)(5)] .............................. 13-17 Termination of HAP Payments [24 CFR 982.311(b)].................. 13-17 13-II.D. Breach of HAP Contract [24 CFR 982.453]....................................... 13-18 13-II.E. HAP Contract Term and Terminations............................................... 13-19 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641]...................................................................................... 13-21

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Chapter 14

PROGRAM INTEGRITY
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE............................................................................................ 14-3 14-I.A. Preventing Errors and Program Abuse ................................................. 14-3 14-I.B. Detecting Errors and Program Abuse ................................................... 14-4 Quality Control and Analysis of Data ............................................ 14-4 Independent Audits and HUD Monitoring ..................................... 14-4 Individual Reporting of Possible Errors and Program Abuse ........ 14-4 14-I.C. Investigating Errors and Program Abuse.............................................. 14-5 When the PHA Will Investigate ..................................................... 14-5 Consent to Release of Information [24 CFR 982.516]................... 14-5 Analysis and Findings..................................................................... 14-5 Consideration of Remedies............................................................. 14-6 Notice and Appeals......................................................................... 14-6 PART II: CORRECTIVE MEASURES AND PENALTIES ............................................... 14-7 14-II.A. Subsidy Under- or Overpayments ........................................................ 14-7 Corrections...................................................................................... 14-7 Reimbursement............................................................................... 14-7 14-II.B. Family-Caused Errors and Program Abuse .......................................... 14-8 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13].... 14-8 PHA Reimbursement to Family [HCV GB p. 22-12]..................... 14-8 Prohibited Actions.......................................................................... 14-9 Penalties for Program Abuse .......................................................... 14-9 14-II.C. Owner-Caused Error or Program Abuse............................................. 14-10 Owner Reimbursement to the PHA .............................................. 14-10 Prohibited Owner Actions ............................................................ 14-10 Remedies and Penalties ................................................................ 14-11 14-II.D. PHA-Caused Errors or Program Abuse.............................................. 14-12 Repayment to the PHA ................................................................. 14-12 PHA Reimbursement to Family or Owner ................................... 14-12 Prohibited Activities..................................................................... 14-12 14-II.E. Criminal Prosecution .......................................................................... 14-13 14-II.F. Fraud and Program Abuse Recoveries ............................................... 14-14

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Chapter 15

SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M]
PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605]................ 15-3 15-I.A. Overview............................................................................................... 15-3 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-3 15-I.C. Housing Quality Standards (HQS) ....................................................... 15-3 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609]....................... 15-5 15-II.A. Overview............................................................................................... 15-5 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-6 15-II.C. Housing Quality Standards................................................................... 15-6 PART III: GROUP HOME [24 CFR 982.610 through 982.614 and HCV GB p. 7-4] ......... 15-7 15-III.A. Overview............................................................................................... 15-7 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation .............. 15-7 15-III.C. Housing Quality Standards................................................................... 15-8 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618].................................. 15-9 15-IV.I. Overview............................................................................................... 15-9 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation ............... 15-9 15-IV.C. Housing Quality Standards................................................................. 15-10 PART V: COOPERATIVE HOUSING [24 CFR 982.619]................................................ 15-11 15-V.A. Overview............................................................................................. 15-11 15-V.B. Payment Standard, Utility Allowance and HAP Calculation ............. 15-11 15-V.C. Housing Quality Standards................................................................. 15-11 PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624] .................. 15-13 15-VI.A. Overview............................................................................................. 15-13 15-VI.B. Special Policies for Manufactured Home Owners
Who Lease A Space............................................................................ 15-13 Family Income .............................................................................. 15-13 Lease and HAP Contract .............................................................. 15-13 15-VI.C. Payment Standard, Utility Allowance and HAP Calculation ............. 15-14 Payment Standards........................................................................ 15-14 Utility Allowance.......................................................................... 15-14 Space Rent .................................................................................... 15-14 Housing Assistance Payment........................................................ 15-14 Rent Reasonableness .................................................................... 15-14 15-VI.D. Housing Quality Standards................................................................. 15-15

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PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643]................................ 15-17 15-VII.A.Overview [24 CFR 982.625] .............................................................. 15-17 15-VII.B. Family Eligibility [24 CFR 982.627].................................................. 15-18 15-VII.C. Selection of Families [24 CFR 982.626]............................................ 15-19 15-VII.D.Eligible Units [24 CFR 982.628]........................................................ 15-19 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629]............................................................................... 15-20 15-VII.F. Homeownership Counseling [24 CFR 982.630] ................................ 15-21 15-VII.G.Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631]..................................................................... 15-22 Home Inspections ......................................................................... 15-22 Contract of Sale ............................................................................ 15-22 Disapproval of a Seller ................................................................. 15-22 15-VII.H.Financing [24 CFR 982.632].............................................................. 15-23 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633]............................................................................... 15-23 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634]......... 15-24 15-VII.K.Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635]............................................................... 15-24 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553]............................................................................... 15-27 15-VII.M. Moving with Continued Assistance [24 CFR 982.637].................... 15-27 15-VII.N.Denial or Termination of Assistance [24 CFR 982.638].................... 15-28

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Chapter 16

PROGRAM ADMINISTRATION
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ................................... 16-3 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .............................. 16-5 16-II.A. Overview............................................................................................... 16-5 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7]............... 16-5 Updating Payment Standards.......................................................... 16-6 Exception Payment Standards [982.503(c)] ................................... 16-7 Unit-by-Unit Exceptions [24 CFR 982.503(b),
24 CFR 982.505(d), Notice PIH 2010-26] ..................................... 16-7 "Success Rate" Payment Standard Amounts
[24 CFR 982.503(e)]....................................................................... 16-8 Decreases in the Payment Standard below
the Basic Range [24 CFR 982.503(d)] ........................................... 16-8 16-II.C. Utility Allowances [24 CFR 982.517].................................................. 16-9 Air Conditioning............................................................................. 16-9 Reasonable Accommodation .......................................................... 16-9 Utility Allowance Revisions........................................................... 16-9 PART III: INFORMAL REVIEWS AND HEARINGS...................................................... 16-11 16-III.A. Overview............................................................................................. 16-11 16-III.B. Informal Reviews................................................................................ 16-11 Decisions Subject to Informal Review ........................................ 16-11 Notice to the Applicant [24 CFR 982.554(a)] .............................. 16-12 Scheduling an Informal Review ................................................... 16-12 Informal Review Procedures [24 CFR 982.554(b)] ..................... 16-12 Informal Review Decision [24 CFR 982.554(b)]......................... 16-13 16-III.C. Informal Hearings for Participants [24 CFR 982.555]....................... 16-14 Decisions Subject to Informal Hearing......................................... 16-14 Informal Hearing Procedures........................................................ 16-16 16-III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514]................................................................................... 16-23 Notice of Denial or Termination of Assistance
[24 CFR 5.514(d)] ........................................................................ 16-23 USCIS Appeal Process [24 CFR 5.514(e)]................................... 16-24 Informal Hearing Procedures for Applicants
[24 CFR 5.514(f)]......................................................................... 16-24 Informal Hearing Procedures for Residents
[24 CFR 5.514(f)]......................................................................... 16-26 Retention of Documents [24 CFR 5.514(h)] ................................ 16-26

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PART IV: OWNER OR FAMILY DEBTS TO THE PHA ................................................. 16-27 16-IV.A. Overview............................................................................................. 16-27 16-IV.B. Repayment Policy............................................................................... 16-28 Owner Debts to the PHA .............................................................. 16-28 Family Debts to the PHA.............................................................. 16-28 Repayment Agreement [24 CFR 792.103]................................... 16-28 General Repayment Agreement Guidelines for Families............. 16-28 Repayment Agreements Involving Improper Payments............... 16-30 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) .......... 16-31 16-V.A. Overview............................................................................................. 16-31 16-V.B. SEMAP Certification [24 CFR 985.101]............................................ 16-32 HUD Verification Method............................................................ 16-32 16-V.C. SEMAP Indicators [24 CFR 985.3 and form HUD-52648] ............... 16-33 SEMAP Indicators Chart .............................................................. 16-33 PART VI: RECORD KEEPING ......................................................................................... 16-37 16-VI.A. Overview............................................................................................. 16-37 16-VI.B. Record Retention [24 CFR 982.158].................................................. 16-37 16-VI.C. Records Management ......................................................................... 16-38 Privacy Act Requirements [24 CFR 5.212 and Form-9886]........ 16-38 Upfront Income Verification (UIV) Records ............................... 16-38 Criminal Records.......................................................................... 16-39 Medical/Disability Records.......................................................... 16-39 Documentation of Domestic Violence,
Dating Violence, Sexual Assault, or Stalking .............................. 16-39 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL................... 16-41 16-VII.A.Overview............................................................................................. 16-41 16-VII.B.Reporting Requirement [24 CFR 35.1225(e)].................................... 16-41 16-VII.C.Data Collection and Record Keeping [24 CFR 35.1225(f)]............... 16-41 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ...................................... 16-43 16-VIII.A. Overview........................................................................................... 16-43 16-VIII.B. Methodology..................................................................................... 16-43 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY................................................... 16-45 16-IX.A. Overview ............................................................................................. 16-45 16-IX.B. Definitions [24 CFR 5.2003]............................................................... 16-45 16-IX.C. Notification [24 CFR 5.2005(a), 42 USC 13925] ............................... 16-47 Notification to Public.................................................................... 16-47 Notification to Program Applicants and Participants
[24 CFR 5.2005(a)(1)].................................................................. 16-48 Notification to Owners and Managers
[24 CFR 5.2005(a)(2)].................................................................. 16-48 16-IX.D. Documentation [24 CFR 5.2007]........................................................ 16-49 Conflicting Documentation [24 CFR 5.2007(e)].......................... 16-50

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Discretion to Require No Formal Documentation
[24 CFR 5.2007(d)] ...................................................................... 16-50 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)].................................... 16-50 Exhibit 16-1:Sample Notice to Housing Choice Voucher Applicants and Participants Regarding the Violence Against Women Act (VAWA).................................... 16-51 Exhibit 16-2:Sample Notice to Housing Choice Voucher Owners and Managers Regarding the Violence Against Women Act (VAWA).................................... 16-55 Chapter 17

PROJECT-BASED VOUCHERS
PART I: GENERAL REQUIREMENTS............................................................................ 17-3 17-I.A. Overview [24 CFR 983.5] .................................................................... 17-3 17-I.B. Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2]..................................................................................... 17-3 17-I.C. Relocation Requirements [24 CFR 983.7]............................................ 17-4 17-I.D. Equal Opportunity Requirements [24 CFR 983.8]............................... 17-4 PART II: PBV OWNER PROPOSALS ............................................................................... 17-5 17-II.A. Overview............................................................................................... 17-5 17-II.B. Owner Proposal Selection Procedures [24 CFR 983.51(b)]................. 17-5 Solicitation and Selection of PBV Proposals
[24 CFR 983.51(c)]......................................................................... 17-6 PHA-Owned Units [24 CFR 983.51(e), 983.59,
and Notice PIH 2015-05]................................................................ 17-9 PHA Notice of Owner Selection [24 CFR 983.51(d)].................. 17-10 17-II.C. Housing Type [24 CFR 983.52] ......................................................... 17-10 17-II.D. Prohibition of Assistance for Certain Units........................................ 17-11 Ineligible Housing Types [24 CFR 983.53] ................................. 17-11 Subsidized Housing [24 CFR 983.54].......................................... 17-11 17-II.E. Subsidy Layering Requirements
[24 CFR 983.55, FR Notice 11/24/08, FR Notice 7/9/10,
and FR Notice 6/25/14] ...................................................................... 17-12 17-II.F. Cap On Number of PBV Units in Each Project ................................. 17-12 25 Percent per Project Cap
[24 CFR 983.56(a)]....................................................................... 17-12 Exceptions to 25 Percent per Project Cap
[24 CFR 983.56(b)] ...................................................................... 17-13 Promoting Partially-Assisted Buildings
[24 CFR 983.56(c)]....................................................................... 17-13 17-II.G. Site Selection Standards .................................................................... 17-14 Compliance with PBV Goals, Civil Rights Requirements,
and HQS Site Standards [24 CFR 983.57(b)]............................... 17-14 Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)]...................................................... 17-15 New Construction Site and Neighborhood Standards
[24 CFR 983.57(e)]....................................................................... 17-15

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17-II.H. Environmental Review [24 CFR 983.58]........................................... 17-16 PART III: DWELLING UNITS........................................................................................... 17-17 17-III.A. Overview............................................................................................. 17-17 17-III.B. Housing Quality Standards [24 CFR 983.101]................................... 17-17 Lead-based Paint [24 CFR 983.101(c)]........................................ 17-17 17-III.C. Housing Accessibility for Persons with Disabilities .......................... 17-17 17-III.D. Inspecting Units.................................................................................. 17-18 Pre-selection Inspection [24 CFR 983.103(a)]............................. 17-18 Pre-HAP Contract Inspections [24 CFR 983.103(b)]................... 17-18 Turnover Inspections [24 CFR 983.103(c)].................................. 17-18 Annual/Biennial Inspections [24 CFR 983.103(d),
FR Notice 6/25/14] ....................................................................... 17-18 Other Inspections [24 CFR 983.103(e)] ....................................... 17-18 Inspecting PHA-Owned Units [24 CFR 983.103(f)].................... 17-19 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS......................... 17-21 17-IV.A. Overview [24 CFR 983.151] .............................................................. 17-21 17-IV.B. Agreement to Enter into HAP Contract.............................................. 17-21 Content of the Agreement [24 CFR 983.152(d)].......................... 17-21 Execution of the Agreement
[24 CFR 983.153]......................................................................... 17-22 17-IV.C. Conduct of Development Work.......................................................... 17-23 Labor Standards [24 CFR 983.154(b)]......................................... 17-23 Equal Opportunity [24 CFR 983.154(c)]...................................... 17-23 Owner Disclosure [24 CFR 983.154(d) and (e)] .......................... 17-23 17-IV.D. Completion of Housing....................................................................... 17-24 Evidence of Completion [24 CFR 983.155(b)] ............................ 17-24 PHA Acceptance of Completed Units [24 CFR 983.156]............ 17-24 PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................ 17-25 17-V.A. Overview............................................................................................. 17-25 17-V.B. HAP Contract Requirements .............................................................. 17-25 Contract Information [24 CFR 983.203] ...................................... 17-25 Execution of the HAP Contract [24 CFR 983.204]...................... 17-26 Term of HAP Contract [24 CFR 983.205] ................................... 17-26 Statutory Notice Requirements: Contract Termination
or Expiration [24 CFR 983.206] .................................................. 17-28 Remedies for HQS Violations [24 CFR 983.208(b)] ................... 17-28 17-V.C. Amendments to the HAP Contract ..................................................... 17-29 Substitution of Contract Units [24 CFR 983.207(a)].................... 17-29 Addition of Contract Units [24 CFR 983.207(b)] ........................ 17-29 17-V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.207(b) and 983.302(e)] ................................................. 17-29 17-V.E. Owner Responsibilities Under the HAP [24 CFR 983.210]............... 17-30 17-V.F. Additional HAP Requirements........................................................... 17-31 Housing Quality and Design Requirements
[24 CFR 983.101(e) and 983.208(a)] ........................................... 17-31

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Vacancy Payments [24 CFR 983.352(b)]..................................... 17-31 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS...................................... 17-33 17-VI.A. Overview............................................................................................. 17-33 17-VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............ 17-33 In-Place Families [24 CFR 983.251(b)] ....................................... 17-34 17-VI.C. Organization of the Waiting List
[24 CFR 983.251(c)]........................................................................... 17-35 17-VI.D. Selection From the Waiting List
[24 CFR 983.251(c)]........................................................................... 17-35 Income Targeting [24 CFR 983.251(c)(6)] .................................. 17-35 Units with Accessibility Features [24 CFR 983.251(c)(7)].......... 17-35 Preferences [24 CFR 983.251(d), FR Notice 11/24/08]............... 17-36 17-VI.E. Offer of PBV Assistance .................................................................... 17-37 Refusal of Offer [24 CFR 983.251(e)(3)]..................................... 17-37 Disapproval by Landlord [24 CFR 983.251(e)(2)]....................... 17-37 Acceptance of Offer [24 CFR 983.252] ....................................... 17-37 17-VI.F. Owner Selection of Tenants ............................................................... 17-38 Leasing [24 CFR 983.253(a)]....................................................... 17-38 Filling Vacancies [24 CFR 983.254(a)]........................................ 17-38 Reduction in HAP Contract Units Due to Vacancies
[24 CFR 983.254(b)] .................................................................... 17-38 17-VI.G. Tenant Screening [24 CFR 983.255].................................................. 17-39 PHA Responsibility ...................................................................... 17-39 Owner Responsibility ................................................................... 17-39 PART VII: OCCUPANCY.................................................................................................... 17-41 17-VII.A.Overview............................................................................................. 17-41 17-VII.B.Lease [24 CFR 983.256]..................................................................... 17-41 Form of Lease [24 CFR 983.256(b)]............................................ 17-41 Lease Requirements [24 CFR 983.256(c)]................................... 17-41 Tenancy Addendum [24 CFR 983.256(d)]................................... 17-42 Initial Term and Lease Renewal [24 CFR 983.256(f)]................. 17-42 Changes in the Lease [24 CFR 983.256(e)].................................. 17-42 Owner Termination of Tenancy [24 CFR 983.257] ..................... 17-43 Continuation of Housing Assistance Payments
[24 CFR 983.258] ........................................................................ 17-43 Security Deposits [24 CFR 983.259]............................................ 17-44 17-VII.C.Moves ................................................................................................. 17-45 Overcrowded, Under-Occupied, and Accessible Units
[24 CFR 983.260]......................................................................... 17-45 Family Right to Move [24 CFR 983.261] .................................... 17-46 17-VII.D.Exceptions to the Occupancy Cap [24 CFR 983.262]........................ 17-47

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PART VIII: DETERMINING RENT TO OWNER ............................................................... 17-49 17-VIII.A. Overview........................................................................................... 17-49 17-VIII.B. Rent Limits [24 CFR 983.301] ......................................................... 17-49 Certain Tax Credit Units [24 CFR 983.301(c)]............................ 17-49 Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)] .......... 17-50 Use of FMRs, Exception Payment Standards,
and Utility Allowances [24 CFR 983.301(f)]............................... 17-51 Redetermination of Rent [24 CFR 983.302]................................. 17-52 PHA-Owned Units [24 CFR 983.301(g)]..................................... 17-52 17-VIII.C. Reasonable Rent [24 CFR 983.303] ................................................. 17-53 When Rent Reasonable Determinations Are Required ................ 17-53 How to Determine Reasonable Rent............................................. 17-53 PHA-Owned Units........................................................................ 17-53 Owner Certification of Reasonable Rent...................................... 17-54 17-VIII.D. Effect of Other Subsidy and Rent Control........................................ 17-54 Other Subsidy [24 CFR 983.304]................................................. 17-54 Rent Control [24 CFR 983.305] ................................................... 17-54 PART IX: PAYMENTS TO OWNER................................................................................. 17-55 17-IX.A. Housing Assistance Payments [24 CFR 983.351].............................. 17-55 17-IX.B. Vacancy Payments [24 CFR 983.352]................................................ 17-55 17-IX.C. Tenant Rent to Owner [24 CFR 983.353] .......................................... 17-57 Tenant and PHA Responsibilities................................................. 17-57 Utility Reimbursements................................................................ 17-57 17-IX.D. Other Fees and Charges [24 CFR 983.354]........................................ 17-58 Meals and Supportive Services..................................................... 17-58 Other Charges by Owner .............................................................. 17-58 Chapter 18 – Continuum of Care Program…………………………………19-1 through 19-28 Chapter 19 – HOME TENANT BASED RENTAL ASSISTANCE.............20-1 through 20-30 Chapter 20 – TEMPORARY POLICY SUPPLEMENT..............................20-1 through 20-30 Chapter 21 – EMERGENCY HOUSING VOUCHERS (EHVs) ................20-1 through 20-30

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Intro-I
Introduction

ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN

AUTHORITIES FOR POLICIES IN THE MODEL ADMINISTRATIVE PLAN The authority for PHA policies is derived from many sources. Primary among these sources are federal statues, federal regulations and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.

HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices and handbooks. Compliance with federal regulations, current HUD notices and current HUD handbooks is mandatory.

HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.

Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.

State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.

Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.

Industry Practice
Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHA’s.

RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN
The model administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the model administrative plan or that may be helpful to you.

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Intro-II
Abbreviations
Throughout the model administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the model administrative plan.

Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.

HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.

VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.

HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs Resources and Where to Find Them
Following is a list of resources helpful to the PHA or referenced in the model administrative plan, and the online location of each.

Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Earned Income Disregard FAQ
https://www.hud.gov/program_offices/public_indian_housing/phr/about/ao_faq_eid Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html

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Intro-III
Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G)
Updated Chapters
https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HUD-50058 Instruction Booklet
http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF Notice PIH 2012-10, Verification of Social Security Numbers (SSNs) and Supplemental Security Income (SSI) Benefits; and Effective Use of the Enterprise Income Verification (EIV) System’s Identity Verification Report
http://portal.hud.gov/huddoc/pih2012-10.pdf
OMB Circular A-133
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A133/a133.pdf

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Intro-IV
Project-Based Voucher Program; Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2005-10-13/pdf/05-
20035.pdf
VAWA Final Rule
http://www.gpo.gov/fdsys/pkg/FR-2010-10-27/pdf/2010-26914.pdf The HUD website is http://portal.hud.gov/hudportal/HUD.

Guidebooks, handbooks and other HUD resources may be found at the HUDClips website:
http://portal.hud.gov/hudportal/HUDsrc=/program_offices/administration/hudclips.

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