Santa Monica City Council
April 9, 2024

Chapter 18

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

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

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

CoC funding is subject to federal funding availability and is a competitive annual process. 18-I.B. PURPOSE [24 CFR 578.1]
The CoC program is authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381-11389). The program is designed to assist sheltered and unsheltered homeless people by providing the housing and/or services needed to help individuals move into supportive permanent housing, with the goal of long-term stability.

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

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18-I.C. PROGRAM COMPONENTS [24 CFR 578.37]
The CoC program can be used to fund five program components: permanent housing; transitional housing; supportive services only; Homeless Management Information System (HMIS); and, in some cases, homelessness prevention.

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

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

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

Site specific housing assistance: The PHA refers an eligible household to a specific property run by a nonprofit organization, based on their service needs and availability. If the household no longer requires site-specific housing, and wishes to move, the household must fill out a move request or apply for the CoC graduate program (see Section 18X.D.). 18-I.D. ELIGIBLE COSTS
Rental Assistance [24 CFR 578.51]
Grant funds may be used for rental assistance for homeless individuals and households. Rental assistance cannot be provided to a program participant who is already receiving rental assistance or living in a housing unit receiving rental assistance or operating assistance through other federal, state, or local sources.

The PHA is awarded HUD funds for CoC program rental assistance to serve individuals and families who meet the DedicatedPLUS definition and where the applicant or at least one member of the household has been diagnosed with at least one of the following:
x Chronic physical illness or disability
x Substance use disorder
x Serious mental illness
x Developmental disability (as defined in Section 102 of the Developmental Disabilities Assistance Bill of Rights Act of 2000 (42 U.S.C. 15002) x Post-traumatic stress disorder
x Cognitive impairments resulting from brain injury
Definition of DedicatedPLUS per HUD Notice of Funding Availability for 2017:

Individuals and households who are:

1. Chronically homeless as defined in 24 CFR 578.3:
a. An individual who:
i. Is homeless and lives in a place not meant for human habitation, a safe haven, or an emergency shelter; and

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

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

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

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

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

6. Receiving assistance through a Department of Veterans Affairs (VA)-funded homeless assistance program and met one of the above criteria at initial intake to the VA's homeless assistance system.

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18-I.E. SUPPORTIVE SERVICES
The City of Santa Monica Community & Cultural Services Department, Human Services Division administers supportive services funds through its Human Services Grants Program (HSGP).

Funding awarded through the HSGP comes from multiple sources both locally and nationally, including the City’s General Fund, City development agreements, Los Angeles County Proposition A, and federal entitlement (CDBG) and federal competitive grants. The City of Santa Monica enters into contractual agreements with non-profit agencies that provide services to applicants and participants of the CoC program. These agencies provide the following eligible types of supportive services:
x Annual assessment of service needs
x Assistance with moving costs
x Case management
x Child care operations or vouchers
x Education services
x Employment assistance and job training
x Food (meals or groceries for program participants)
x Housing search and counseling
x Legal services
x Life skills training
x Outpatient mental health services
x Outpatient health services
x Outreach services
x Outpatient substance abuse treatment services
x Transportation
x Utility deposits
18-I.F. MATCH REQUIREMENT [24 CFR 578.73]
The PHA must match all grant funds, except for leasing funds, with no less than 25 percent of funds or in-kind contributions from other sources. The PHA may use the value of any real property, equipment, goods, or services contributed to the project as match.

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

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

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

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

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

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

Referral agencies must utilize HMIS for intake, service provision, and program exit data collection as required by HUD and the City of Santa Monica Human Services Division. The Human Services Division has developed procedures and reporting formats to collect and compile this information and oversee the HMIS system.
18-I.G. RENEWALS [24 CFR 578.33]
Awards made under this part and title IV of the Act, as in effect before August 30, 2012 (the Supportive Housing Program and the Shelter Plus Care program), may be renewed to continue ongoing leasing, operations, supportive services, rental assistance, HMIS, and administration beyond the initial funding period. To be considered for funding, recipients must submit a request in a form specified by HUD, must meet the requirements of this part, and must submit the request within the time frame established by HUD. Renewals of rental assistance may be for up to one year.

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18-I.H. COC POLICIES AND PROCEDURES
The PHA receives annual funding for the CoC program as a member of The Los Angeles Housing Services Authority (LAHSA) Continuum of Care. It is the CoC coordinating body that determines whether or not a CoC grant application is eligible to be submitted to HUD for renewal consistent with HUD criteria and priorities established countywide. [24 CRF 578.9 (a) (3)] LAHSA CoC provides for the consultation and participation of not less than one homeless or formally homeless individual to serve on the board of directors. [24 CFR 578.5 (b) (2)] The Santa Monica Housing Commission, which serves as the advisory board for the PHA, reviews and provides input on policies and procedures. The Santa Monica City Council and two tenant representatives, which serves as the Board of Directors for the PHA, adopts policies and procedures annually.

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

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PART II: FAIR HOUSING AND EQUAL OPPORTUNITY
(Refer to the PHA Administrative Plan Chapter 2, pages 2.2 to 2.19) PART III: ELIGIBILITY
(Refer to the PHA Administrative Plan, Chapter 3, pages 3.2 to 3.37) 18-III.A. EVIDENCE OF ELIGIBILITY
In addition to the evidence of eligibility required under the Section 8 HCV program, an applicant must provide evidence that they meet the definition of the DedicatedPLUS and at least one member of the household (can be a child) has a disabling condition at the time of application.

Evidence of Meeting DedicatedPLUS Definition:

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

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

2. A written referral by housing or service provider;

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

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

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

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

2. Written verification from the Social Security Administration;

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

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

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18-III.B. DENIAL OF ASSISTANCE (Refer to the PHA Administrative Plan Chapter 3, pages 3.20 to 3.37)
An applicant will be denied participation in the CoC program if the applicant does not meet:

1. The DedicatedPLUS definition established by HUD

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

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

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

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

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PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION
18-IV.A. APPLYING FOR ASSISTANCE
Any individual or household that wishes to receive CoC assistance must apply for admission to the program. Assistance is strictly restricted to applicants who meet the definition of Dedicated Plus and are on the Santa Monica Service Registry or persons referred by a City of Santa Monica Multi-Disciplinary Street team, who have been homeless in Santa Monica for a year or more and have a Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) score of 8 or greater.

The CoC applicant or household must be referred by one of the sponsor agencies currently operating under contract with the City of Santa Monica Human Services Division. Referral agencies utilize the Coordinated Entry System (CES) and the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) to refer applicants to the PHA based on their severity of needs.
18-IV.B. ACCESSIBILITY OF THE APPLICATION PROCESS
Interested applicants must meet with a case manager at one of the below listed locations to begin the application process. The referring agencies must conduct VI-SPDAT survey, place individuals into CES, and register them with the Santa Monica Service Registry or provide certification from a City of Santa Monica Multi-Disciplinary Street team that they have been homeless in Santa Monica for a year or more and have a VI-SPDAT score of 8 or greater, prior to referring them to the PHA for the CoC program
The People Concern
Access Center
1453 16th Street
Santa Monica, CA 90404
(310) 264-2646
Step Up on Second
1328 2nd Street
Santa Monica, CA 90401
(310) 394-6889
St. Joseph Center
12420 Venice Blvd., Suite 200
Los Angeles, CA 90066
(310) 577-5510

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

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

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

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

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18-IV.D. TENANT SELECTION
Applicants will be referred and selected based on their history of homelessness and severity of service needs. Service needs are identified and verified through the use of the following standardized assessment tools: Vulnerability Index (VI) and the Service Prioritization Decision Assistance Tool (SPDAT). The determination is not based on a specific diagnosis or disability type, but only on the severity of needs of the individual. 18-IV.E. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST Applicants must provide evidence that they meet the definition of Dedicated Plus and have a disabling condition.

The PHA will prioritize applicants on the waitlist based on the following criteria:
x Priority 1: Persons on the City of Santa Monica Service Registry, with a VI-SPDAT score of 8 or greater.
x Priority 2: Persons referred by a City of Santa Monica Multi-Disciplinary Street team, who have been homeless in the City of Santa Monica for a year or more and have a score of 8 or greater on the VI-SPDAT.

Within the two priority groups above, applicants will be prioritized/ranked based on their VISPDAT score and the date and time their complete application is received by the PHA.

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18-IV.F. PLACEMENT ON THE WAITLIST
A separate waitlist is maintained for the CoC Program. The CoC waitlist will be continuously open for applications and eligibility criteria will be limited to requirements of the CoC program as described.

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

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

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

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

Unavailability of Scattered Site Housing
Applicants who applied for a scattered site housing voucher can be offered site specific housing if no scattered site vouchers are available at the time of application and there are no sitespecific housing applicants on the waitlist at the time an apartment becomes available. 18-IV.G. NOTIFICATION OF SELECTION
When a CoC applicant has been selected from the waitlist, the PHA will notify in writing the referral agency of selection and of the initial briefing date.

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

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

INITIAL BRIEFING AND VOUCHER ISSUANCE
The assigned case manager and the applicant, together with all adult members of the household must be present for the initial briefing and voucher issuance. 18-V.A. SCATTERED SITE VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL (RTA) Upon completion of the initial briefing, a CoC voucher will be issued. CoC program participants have up to 180 days to search for an apartment within the Santa Monica geographic area and submit an RTA to the PHA upon finding a suitable apartment. If an extension is needed, one may be requested.
18-V.B. SITE SPECIFIC HOUSING VOUCHER ISSUANCE/ REQUEST FOR TENANCY APPROVAL (RTA)
Upon completion of the initial briefing, the PHA will refer the applicant to the property management at one of the non-profit housing locations. The management company will conduct a tenant screening for all applicants. If the applicant is approved, an RTA must be completed and returned to the PHA.

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

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PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982]
(Refer to the PHA Administrative Plan, Chapter 6, pages 6.2 to 6.57) CoC program funds are contracted based on 100% of the Fair Market Rents published by HUD for the Los Angeles County area.

RENT AT LEASE UP:

The SMHA has adopted the Small Area Fair Market Rents (SAFMRs) to establish its payment standards, CoC participants may rent apartments at or below the SMHA payment standard at lease up, as long as the rent amount meets the rent reasonableness requirement.CoC voucher holders may rent units at or below the Fair Market Rent (FMR) for the area. Santa Monica is part of Los Angeles County and the Los Angeles County FMRs apply. However, since the SMHA has been approved by HUD for an exception payment standard, which is above the Los Angeles County FMRs, CoC participants may rent apartments at or below the SMHA payment standard at lease up, as long as the rent amount meets the rent reasonableness requirement. 18-VI.A. TENANT RENT PORTION [24 CFR 578.77(b)]
Program participants are required to pay a portion of their rent if they are receiving CoC program rental assistance, unless they have no income. Participant rent must be equal to the highest of:
x 30 percent of household’s monthly adjusted income (the tenant’s portion of the rent cannot exceed 30 percent of the household’s monthly adjusted income at any time) x 10 percent of household’s monthly gross income; or
x The portion of the household’s welfare assistance, if any, that is designated for the payment of rent.

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

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PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to the PHA Administrative Plan, Chapter 7, pages 7.2 to 7.30) The PHA will follow the verification process and requirements for acceptable documents as outlined in Chapter 7 of the HCV Administrative Plan with the exception of the following:
x Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) x Up-front Income Verification (UIV) using a non-HUD system

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PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to the PHA Administrative Plan, Chapter 8, pages 8.2 to 8.27) 18-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 578.75(b)] Housing leased with CoC program funds, or for which rental assistance payments are made with CoC program funds, must meet the applicable housing quality standards (HQS) under 24 CFR 982.401. Before any assistance will be provided on behalf of a program participant, the recipient, or subrecipient, must physically inspect each unit to assure that the unit meets HQS.

Assistance will not be provided for units that fail to meet HQS, unless the owner corrects any deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected. 18-VIII.B. RENT REASONABLENESS [24 CFR 578.51(g)]
HUD will only provide rental assistance for a unit if the rent is reasonable. The recipient or subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit. Reasonable rent must not exceed rents currently being charged by the same owner for comparable unassisted units.

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

PHA Policy
Rent increase requests shall be timed with a tenant’s annual reexamination. Only one increase in the annual recertification period a 12-month period is allowed and the amount is limited as set forth in the PHA Policy in Section 8-III.B and subject to CoC funding availability.the amount of Rent Control-approved annual percentage adjustment, subject to CoC funding availability.

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PART IX: GENERAL LEASING POLICIES
(Refer to the PHA Administrative Plan, Chapter 9, pages 9.1 to 9.12) When rental assistance funds are used to pay rent, the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward housing costs consistent with the requirements of the CoC interim rule. The landlord and participant are required to execute a lease to comply with the CoC rental assistance policies. 18-IX.A. PAYMENT FOR A VACATED UNIT [24 CFR 578.51(i)]
If a unit assisted under this section is vacated before the expiration of the lease, the assistance for the unit may continue for a maximum of 30 days from the end of the month in which the unit was vacated, unless occupied by another eligible person. No additional assistance will be paid until the unit is occupied by another eligible person. 18-IX.B. PAYMENT FOR TENANT CAUSED DAMAGES [24 CFR 578.51(j)] The PHA may use grant funds in an amount not to exceed one month’s rent to pay for any damage to housing due to the action of a program participant. This shall be a one-time cost per participant, incurred at the time a participant exists a housing unit. 18-IX.C. LIMITATIONS ON COC ASSISTANCE
Exclusion Income Disability (EID) [24 CFR 5.617(a)]
CoC participants are not eligible for EID.

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

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

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PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY (Refer to the PHA Administrative Plan, Chapter 10, pages 10.1 to 10.5) 18-X.A. MOVING WITH CONTINUED ASSISTANCE [24 CFR 578.51(c)(3)] Program participants who have complied with all program requirements during their residence retain the rental assistance if they move within the Continuum of Care geographic area.

Program participants who have complied with all program requirements during their residence, who have been a victim of domestic violence, dating violence, sexual assault, or stalking, who reasonably believe they are imminently threatened by harm from further domestic violence, dating violence, sexual assault, or stalking (which would include threats from a third party, such as a friend or household member of the perpetrator of the violence), if they remain in the assisted unit, and who are able to document the violence and basis for their belief, may retain the rental assistance and move to a different Continuum of Care geographic area if they move out of the assisted unit to protect their health and safety. These program participants may move to a different CoC’s geographic service area even if the PHA cannot meet all regulatory requirements of this part in the new geographic area where the unit is located. The recipient or subrecipient, however, must be able to meet all statutory requirements of the CoC program either directly or through a third-party contract or agreement 18-X.B. PORTABILITY [24 CFR 578.51(c)(4)]
CoC participants may choose housing outside of the CoC’s geographic area if the PHA through its employees or contractors is able to meet all requirements of the program. If the PHA cannot meet the requirements either directly or through a third-party contract or agreement, the PHA may refuse to permit the participant to retain the voucher if they choose to move outside of the CoC’s geographic area.
18-X.C. TENANT TRANSFERS FROM SITE SPECIFIC HOUSING TO SCATTERED SITE HOUSING AND

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

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

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

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

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PART XI: REEXAMINATIONS [24 CFR 582.310]
(Refer to the PHA Administrative Plan, Chapter 11, pages 11.1 and 11.5) PART XII: TERMINATION OF ASSISTANCE AND TENANCY
(Refer to the PHA Administrative Plan, Chapter 12 pages 12.2 to 12.21) PART XIII: PROGRAM ADMINISTRATION
(Refer to the PHA Administrative Plan, Chapter 16, pages 16.2 to 16.82) HUD required Section 8 Management Assessment Program (SEMAP) is not applicable

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CHAPTER 19

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

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

The program promotes community-wide planning and strategic use of resources to address the jurisdiction’s unmet needs and to narrow the gap in benefits and services received by costburdened households. 19-I.B. PURPOSE
The purpose of the HOME program is to provide rental assistance in the form of a monthly rental subsidy to persons At Risk of Homelessness, Senior/Disabled Homeless persons, and Victims of Domestic Violence who are at or below the 60 percent AMI limit. 19-I.C. ELIGIBLE COSTS [24 CFR 92.209 (a)]
The PHA is awarded HUD funds for the HOME program annually.

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

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

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

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A limited number of security deposit grants will be provided to eligible applicants, subject to the availability of HOME funds and at the sole discretion of the PHA. Participants must document, in writing, their efforts to secure security deposit funding from other sources and demonstrate insufficient personal funds. The maximum amount of HOME funds that may be provided for the security deposit is the equivalent of two months’ contracted rent for the unit.

Only the tenant (not the landlord) may apply for security deposit assistance. 19-I.D. TERM OF THE PROGRAM [24 CFR 92.902 (e)]
The HOME program is awarded to localities to fund rental assistance for low-income applicants.

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

The Term of the Rental Assistance [24 CFR 92.902 (e)]
The term of the rental assistance contract providing assistance with HOME funds may not exceed 24 months, but may be renewed, subject to the availability of HOME funds. 19-I.E. POLICIES AND PROCEDURES
The PHA receives annual funding for the HOME program based on HUD’s availability of program funds. The Santa Monica Housing Commission, which serves as the advisory board for the PHA, reviews all policies and procedures. The Santa Monica City Council and two tenant representatives, which serves as the Board of Directors for the PHA, adopts policies and procedures annually.

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

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

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

1. Person At Risk of Homelessness;

2. Senior/Disabled Homeless person;

3. Victim of Domestic Violence; and

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

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

2. Documentation to verify that the HOME applicant did not have sufficient resources or support networks immediately available to attain housing stability as evidenced by one of the following:
i. Source documents (e.g., notice of termination from employment, bank statement, health care bill showing arrears); or
ii. Written statement by referring agency staff confirming that they spoke to a relevant third party to verify At Risk of Homelessness status; or iii. Written statement by referring agency staff of the efforts taken to obtain verification through source documents and relevant third parties;

3. Verification that the HOME applicant met one of the seven conditions* under the definition of At Risk of Homelessness (for definition of At Risk of Homelessness, refer to 19-IV.E. TENANT SELECTION – Hierarchy of preferences), as evidenced by one of the following:
i. Source documents that evidence one or more of the conditions; ii. A written statement by a relevant third party or the written certification by referring agency staff of the oral verification by the relevant third party that the applicant meets one or more of the conditions; or
iii. A written statement by the referring agency staff that the staff person has visited the applicant’s residence and determined that the applicant meets one or more of the conditions or, if a visit is not feasible or relevant to the determination, a written statement by the referring agency staff describing the efforts taken to obtain the required evidence.

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

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

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

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

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

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

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

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

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

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

1. A written referral by a service provider; and

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

1. A written documentation of observation by an outreach worker

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

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

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

A disabling condition is defined by HUD as:

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

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

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

4. A diagnosable substance use disorder.

Evidence of this criterion must include one of the following:

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

2. Written verification from the Social Security Administration;

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

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

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

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

1. A completed and signed HUD-approved certification form (HUD-50066, Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking), which must include the

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name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim;

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

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

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

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

2. Complete and true information and it is discovered that the applicant does not meet eligibility requirements.
19-III.C. CRIMINAL BACKGROUND CHECKS (Refer to PHA Administrative Plan, Chapter 3, pages 3-23 to 3-25)
All participants will undergo criminal background checks based on Section 8 Housing Choice Voucher regulations.

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

The People Concern (formerly known as OPCC)
1453 16th Street
Santa Monica, CA 90404
(310) 264-2646
Wise and Healthy Aging
Ken Edwards Center
1527 4th St
Santa Monica, CA 90401
(310) 394-9871
Legal Aid Foundation of Los Angeles (LAFLA)
1640 5th St #124
Santa Monica, CA 90401
(310) 899-6200
St Joseph Center
12420 Venice Blvd., Suite 200
Los Angeles, CA 90066
310-574-5510
City of Santa Monica Human Services Division can also refer applicants on behalf of other social services agencies that are funded by the City of Santa Monica.

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19-IV.C. OUTREACH AND MARKETING
The PHA targets Santa Monica area households who meet the program’s eligibility requirements. The Homeless Liaison Team (HLP Team), City of Santa Monica Human Services Division and other local outreach programs identify appropriate referrals to referral agencies.

PHA staff regularly attends Chronic Homeless Program (CHP) Action Committee meetings, and senior and youth outreach meetings to market the program with member agencies. 19-IV.D. SCREENING AND ASSESSMENT
The PHA requires the listed referral agencies to screen applicants for eligibility and to submit to the PHA completed applicable documents included in the HOME Application Packet.

Completed documents will be used by the PHA to:

1. Determine applicant’s eligibility

2. Select participants

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

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19-IV.E. TENANT SELECTION
Selection Criteria
Households will be selected based on the following targeted population selection criteria and selection preference method. Within the preference category, households will be selected based on severity of needs.

Targeted Population:
x At Risk of Homelessness
x Senior/Disabled Homeless (Chronically Homeless individuals will be referred to the CoC program)
x Victims of Domestic Violence (Applicants will be referred to HCV program, if HCV vouchers are available)
Households must meet the requirements and eligibility criteria of one of the above targeted population groups to qualify for HOME rental assistance.

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

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

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

Targeted population includes individuals with a VI-SPDAT score of 7 and below who do not qualify for Continuum of Care (CoC) program.

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19-IV.F. ORDER OF PRIORITY FOR PLACEMENT ON THE WAITLIST The HOME waitlist is open and will accept referrals until further notice.

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

HOME HIERARCHY OF PREFERENCES

PREFERENCE POINT VALUE
Resident Preference:

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

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

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

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

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

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

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

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

7. Otherwise lives in housing that has

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

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

VAWA means:

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

Domestic violence means:

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

Dating violence means violence committed by a person:
(1) Who is or has been in a social relationship of a

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PREFERENCE POINT VALUE
romantic or intimate nature with the victim; and
(2) Where the existence of such a relationship shall be determined based on a consideration of the following
factors:
(i) The length of the relationship;
(ii) The type of relationship; and
(iii) The frequency of interaction between the persons
involved in the relationship.

Sexual Assault means:

Any nonconsensual sexual act proscribed by Federal,
tribal, or State law, including when the victim lacks
capacity to consent (See 42 U.S.C. 13925(a).)
Stalking means:
(1)
(i) To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate another
person; or
(ii) To place under surveillance with the intent to kill, injure, harass, or intimidate another person; and
(2) In the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or
serious bodily injury to, or to cause substantial
emotional harm to
(i) That person,
(ii) A member of the immediate household of that
person, or
(iii) The spouse or intimate partner of that person.

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

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

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

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

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

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

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

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

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PART V: BRIEFINGS AND VOUCHER ISSUANCE
(Refer to PHA Administrative Plan, Chapter 5, pages 5-2 to 5-14) 19-V.A. INITIAL BRIEFING AND VOUCHER ISSUANCE
The applicant, together with all adult members of the household and the assigned case manager (if applicable) must be present for the initial briefing and voucher issuance. 19-V.B. VOUCHER ISSUANCE/REQUEST FOR TENANCY APPROVAL
Upon the completion of the initial briefing, a HOME voucher will be issued to the applicant.

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

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

PART VI: INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982]
(Refer to PHA Administrative Plan, Chapter 6, pages 6-2 to 6-57) 19-VI.A. TENANT RENT PORTION [24 CFR 5.628]
Program participants are required to pay a portion of their rent if they are receiving HOME program rental assistance. Participant rent must be equal to the highest of:
• 30 percent of household‘s monthly adjusted income;
• 10 percent of household’s monthly gross income; or
• A minimum rent of $50 contribution.

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PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] (Refer to PHA Administrative Plan, Chapter 7, pages 7-2 to 7-30) The PHA will follow the verification process and requirements for acceptable documents as outlined in Chapter 7 of the HCV Administrative Plan with the exception of the following:
• Up-front Income Verification (UIV) using HUD’s Enterprise Income Verification (EIV) • Up-front Income Verification (UIV) using a non-HUD system PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507] (Refer to PHA Administrative Plan, Chapter 8, pages 8-2 to 8-27) 19-VIII.A. HOUSING QUALITY STANDARDS [24 CFR 92.209 (i)] Housing Quality Standards (HQS) apartment inspections are required both at initial occupancy and annually thereafter for all HOME apartments. Newly leased apartments must pass the HQS inspection before the beginning date of the assisted lease and Housing Assistance Payment (HAP) Contract.
19-VIII.B. RENT REASONABLENESS [24 CFR 92.209 (3) (f)]
The participating jurisdiction must disapprove a lease if the rent is not reasonable, based on rents that are charged for comparable unassisted rental units.

Rent reasonableness review must be conducted before the HOME program participant rents an apartment or in the case of an existing tenancy, before the rental assistance amount is approved. The PHA will provide rental assistance not to exceed the payment standard for the PHA Section 8 HCV program, subject to the reasonable rent determination, and any applicable rent control limits. The PHA will pay rents up to the rent reasonable amount, not to exceed the exception payment standard for the PHA Section 8 HCV program. The HUD approved ExceptionSMHA Payment Standards will govern the HOME rent payment amounts.rental assistance limits.

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

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PART IX: GENERAL LEASING POLICIES
(Refer to PHA Administrative Plan, Chapter 9, pages 9-1 to 9-12) When rental assistance funds are used to pay rent for apartments, the lease must be between the program participant and the landlord. Each program participant, on whose behalf rental assistance payments are made, must pay a contribution toward rent consistent with the requirements of the HOME rules. The landlord and participant are required to execute a lease and a Contract Addendum to comply with the HOME rental assistance policies. [24 CFR 92.253] (Refer to Appendix A for HOME Prohibited Lease Terms and Contract Addendum) 19-IX.A. LIMITATIONS ON HOME ASSISTANCE
Portability
HOME participants are not eligible for portability and must remain within the City of Santa Monica geographic area.

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

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

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

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

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

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

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

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PART XIV: HOME PROHIBITED LEASE TERMS
HOME Prohibited Lease Terms
The HOME program requires that the lease does not contain the following provisions:

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

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Exhibit 19-1: Contract Addendum

CITY OF SANTA MONICA HOUSING AUTHORITY
HOME Investment Partnerships Program

LEASE ADDENDUM
Tenant Based Rental Assistance
Tenant Name:

Contract Unit:

Contract Number:

Landlord Name:

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

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

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

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

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

3. The TBRA Contract is terminated.

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

D. Security Deposit.

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

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

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has been deducted shall be promptly refunded to the Tenant.

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

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

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

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

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

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

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

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

5. Waiver of Court Proceeding for Eviction. Agreement by the Tenant that the Landlord may evict a Tenant Household (i) without instituting a civil court proceeding in which the Household has the opportunity to present a defense, or (ii) before a decision by the court on the rights of the parties.

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

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

8. Tenant Chargeable with Cost of Legal Action Regardless of Outcome of the Lawsuit. Agreement by the Tenant to pay lawyer’s fees or other legal costs whenever the Landlord decides to sue, whether or not the Tenant wins.

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

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

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

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

Signature of Co-Head or Spouse and Date:

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Chapter 20
Temporary Policy Supplement
EMERGENCY HOUSING VOUCHERS (EHVs)

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

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

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

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

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

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

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

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

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

Administrative Fee and Funding
The following four types of fees and funding are allocated as part of the EHV program:
x Preliminary fees support immediate start-up costs that the PHA will incur in implementing alternative requirements under EHV, such as outreach and coordination with partnering agencies:
- $400 per EHV allocated to the PHA, once the consolidated annual contributions contract (CACC) is amended.
- This fee may be used for any eligible administrative expenses related to EHVs. - The fee may also be used to pay for any eligible activities under EHV service fees (TPSI.B). x Placement fees/expedited issuance reporting fees will support initial lease-up costs and the added cost and effort required to expedite leasing of EHVs:
- $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public Housing Information Center–Next Generation (PIC–NG) system within 14 days of voucher issuance or the date the system becomes available for reporting. - Placement fees:
o $500 for each EHV family placed under a HAP contract effective within four months of the effective date of the ACC funding increment; or

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o $250 for each EHV family placed under a HAP contract effective after four months but less than six months after the effective date of the ACC funding increment. o HUD will determine placement fees in the event of multiple EHV allocations and funding increment effective dates.
- Placement/expedited issuance fees only apply to the initial leasing of the voucher; they are not paid for family moves or to turnover vouchers.
x Ongoing administrative fees, which are calculated in the same way as the standard HCV program:
- PHAs are allocated administrative fees using the full column A administrative fee amount for each EHV under contract as of the first day of each month. - Ongoing EHV administrative fees may be subject to proration in future years, based on available EHV funding.
x Services fees, which are a one-time fee to support PHAs’ efforts to implement and operate an effective EHV services program in its jurisdiction (TPS-I.B):
- The fee is allocated once the PHA’s CACC is amended to reflect EHV funding. - The amount allocated is $3,500 for each EHV allocated.

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

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

The eligible uses for service fees include:

Housing search assistance, which may include activities such as, but not limited to, helping a family identify and visit potentially available units during their housing search, helping to find a unit that meets the household’s disability-related needs, providing

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transportation and directions, assisting with the completion of rental applications and PHA forms, and helping to expedite the EHV leasing process for the family.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Describe the eligible populations to which EHVs are limited Clearly state that the availability of these EHVs is managed through a direct referral process
Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for EHV assistance The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities in accordance with Chapter 2. The PHA will also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mandatory Denials
Under alternative requirements for the EHV program, mandatory denials for EHV applicants include:

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

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

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

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

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

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

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

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

PHA Policy
Any documents used for verification must be the original (not photocopies) and dated within the 120-day period prior to admission. The documents must not be damaged, altered, or in any way illegible.

Printouts and screenshots from webpages are considered original documents.

Screenshots must be clear, legible, and capture the entire document.

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

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

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

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

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

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

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

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

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

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

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

PHA Policy
The PHA will admit EHV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

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

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

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

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

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

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

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

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

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

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

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

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

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

SMHA, LAHSA, and/or a partnering service provider will further assist individuals and families in the Program by providing the following services:
x LAHSA will assist individuals and families with the completion of rental applications and forms, obtain necessary supporting documentation for referrals and applications for assistance, and assist with addressing or mitigating barriers to leasing.
x Housing search assistance for eligible individuals and families.

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

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

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

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

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

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

TPS-V.E. PORTABILITY
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs. Exceptions are addressed below.

Nonresident Applicants
Under EHV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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EHV.

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

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

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

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

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

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

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

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

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

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

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

III. Services to be provided to eligible EHV families

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

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

2. Partnering service providers will support PHAs in ensuring appointment notifications to

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eligible individuals and families and will assist eligible households in getting to meetings with the PHA.

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

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

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

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

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

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

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

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

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

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

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

6. Comply with the provisions of this MOU.

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

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

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

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

4. Attend EHV participant briefings when needed.

5. Assess all households referred for EHV for mainstream benefits and supportive services

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available to support eligible individuals and families through their transition.

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

7. Comply with the provisions of this MOU.

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

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

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Exhibit TPS-2: HOMELESS PROVIDER’S CERTIFICATION
Attachment 3 of Notice PIH 2021-15 Example of a Homeless Provider’s Certification Emergency Housing Voucher (EHV)

HOMELESS CERTIFICATION
EHV Applicant Name:

Household without dependent children (complete one form for each adult in the household)
Household with dependent children (complete one form for household) Number of persons in the household:

This is to certify that the above-named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situationCheck only one box and complete only that section Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks)
The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or camp ground.

Description of current living situation:

Homeless Street Outreach Program
Name:

This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc.

Authorized Agency Representative Signature:

Date:

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Living Situation: Emergency Shelter
The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows:

Emergency Shelter Program Name:

This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter).

Authorized Agency Representative Signature:

Date:

Living Situation: Recently Homeless
The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (ex. Households in Rapid Rehousing Programs, residents of Permanent Supportive Housing Programs participating in Moving On, etc.)
Authorized Agency Representative Signature:

This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:
emergency shelter OR a place unfit for human habitation Authorized Agency Representative Signature:

Date:

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Exhibit TPS-3: EXAMPLE OF A VICTIM SERVICES PROVIDER’S CERTIFICATION Attachment 4 of Notice PIH 2021-15: Example of a Victim Services Provider’s Certification Emergency Housing Voucher (EHV)

SAMPLE HUMAN TRAFFICKING CERTIFICATION
Purpose of Form:

The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives.

Use of This Optional Form:

In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for EHV assistance.

Confidentiality: All information provided to the service provider concerning the incident(s) of human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.

TO BE COMPLETED ON BEHALF OF HUMAN TRAFFICKING SURVIVOR EHV Applicant Name:

This is to certify that the above-named individual or household meets the definition for persons who are fleeing or attempting to flee human trafficking under section 107(b) of the Trafficking Victims Protection Act of 2000.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:

This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual(s) named above is/has been a victim of human trafficking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Authorized Agency Representative Signature:

Date:

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Unlimited copies may be made for internal use. Page 21-1 Chapter 21

SPECIAL PURPOSE VOUCHERS

INTRODUCTION
Special purpose vouchers are specifically funded by Congress in separate appropriations from regular HCV program funding in order to target specific populations. The Santa Monica Housing Authority includes vouchers for the following programs:
x Veterans Affairs Supportive Housing (VASH)
x Stability Voucher program
This chapter describes HUD regulations and PHA policies for administering special purpose vouchers. The policies outlined in this chapter are organized into five sections, as follows:

Part I: Veterans Affairs Supportive Housing (VASH)
Part II: Stability Voucher program
Except as addressed by this chapter and as required under federal statute and HUD requirements, the general requirements of the HCV program apply to special purpose vouchers.

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Since 2008, HCV program funding has provided rental assistance under a supportive housing program for homeless veterans. The Veterans Affairs Supportive Housing (VASH) program combines HCV rental assistance with case management and clinical services provided by the Department of Veterans Affairs (VA) at VA medical centers (VAMCs) and Community-Based Outpatient Clinics (CBOCs), or through a designated service provider (DSP) as approved by the VA Secretary. Eligible families are homeless veterans and their families that agree to participate in VA case management and are referred to the VAMC’s partner PHA for HCV assistance. The VAMC or DSP’s responsibilities include:
x Screening homeless veterans to determine whether they meet VASH program participation criteria;
x Referring homeless veterans to the PHA;
- The term homeless veteran means a veteran who is homeless (as that term is defined in subsection (a) or (b) of Section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)). See 38 U.S.C. 2002.
x Providing appropriate treatment and supportive services to potential VASH participants, if needed, prior to PHA issuance of a voucher;
x Providing housing search assistance to VASH participants; x Identifying the social service and medical needs of VASH participants, and providing or ensuring the provision of regular ongoing case management, outpatient health services, hospitalization, and other supportive services as needed throughout the veterans’ participation period; and
x Maintaining records and providing information for evaluation purposes, as required by HUD and the VA.

VASH vouchers are awarded noncompetitively based on geographic need and PHA administrative performance. Eligible PHAs must be located within the jurisdiction of a VAMC and in an area of high need based on data compiled by HUD and the VA. When Congress funds a new allocation of VASH vouchers, HUD invites eligible PHAs to apply for a specified number of vouchers.

Generally, the HUD-VASH program is administered in accordance with regular HCV program requirements. However, HUD is authorized to waive or specify alternative requirements to allow PHAs to effectively deliver and administer VASH assistance. Alternative requirements are established in the HUD-VASH Operating Requirements, which were originally published in the Federal Register on May 6, 2008, and updated September 27, 2021. Unless expressly waived by HUD, all regulatory requirements and HUD directives regarding the HCV program are applicable to VASH vouchers, including the use of all HUD-required contracts and other forms, and all civil

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Unlimited copies may be made for internal use. Page 21-3 rights and fair housing requirements. In addition, the PHA may request additional statutory or regulatory waivers that it determines are necessary for the effective delivery and administration of the program.

The VASH program is administered in accordance with applicable Fair Housing requirements since civil rights requirements cannot be waived under the program. These include applicable authorities under 24 CFR 5.105(a) and 24 CFR 982.53 including, but not limited to, the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination Act and all PHA policies as outlined in Chapter 2 of this document.

When HUD-VASH recipients include veterans with disabilities or family members with disabilities, reasonable accommodation requirements in Part II of Chapter 2 of this policy apply. 21-I.B. REFERRALS [FR Notice 9/27/21 and HUD-VASH Qs and As] VAMC case managers will screen all families in accordance with VA screening criteria and refer eligible families to the PHA for determination of program eligibility and voucher issuance. The PHA has no role in determining or verifying the veteran’s eligibility under VA screening criteria, including determining the veteran’s homelessness status. The PHA must accept referrals from the partnering VAMC and must maintain written documentation of referrals in VASH tenant files. Upon turnover, VASH vouchers must be issued to eligible veteran families as identified by the VAMC.

PHA Policy
In order to expedite the screening process, the PHA will provide all forms and a list of documents required for the VASH application to the VAMC. Case managers will work with veterans to fill out the forms and compile all documents prior to meeting with the PHA and submitting an application. When feasible, the VAMC case manager should email or fax copies of all documents to the PHA prior to the meeting in order to allow the PHA time to review them and start a file for the veteran.

After the VAMC has given the PHA a complete referral, the PHA will perform an eligibility screening within five business days of receipt of a VAMC referral.

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Unlimited copies may be made for internal use. Page 21-4 21-I.C. HCV PROGRAM ELIGIBILITY [FR Notice 9/27/21]
Eligible participants are homeless veterans and their families who agree to participate in case management from the VAMC.
x A VASH Veteran or veteran family refers to either a single veteran or a veteran with a household composed of two or more related persons. It also includes one or more eligible persons living with the veteran who are determined to be important to the veteran’s care or well-being.
x A veteran for the purpose of VASH is a person whose length of service meets statutory requirements, and who served in the active military, naval, or air service, was discharged or released under conditions other than dishonorable, and is eligible for VA health care.

Under VASH, PHAs do not have authority to determine family eligibility in accordance with HCV program rules and PHA policies. The only reasons for denial of assistance by the PHA are failure to meet the income eligibility requirements and/or that a family member is subject to a lifetime registration requirement under a state sex offender registration program. Under portability, the receiving PHA must also comply with these VASH screening requirements.

Social Security Numbers
When verifying Social Security numbers (SSNs) for homeless veterans and their family members, an original document issued by a federal or state government agency, which contains the name and SSN of the individual along with other identifying information of the individual, is acceptable in accordance with Section 7-II.B. of this policy.

In the case of the homeless veteran, the PHA must accept the Certificate of Release or Discharge from Active Duty (DD-214) or the VA-verified Application for Health Benefits (10- 10EZ) as verification of SSN and cannot require the veteran to provide a Social Security card. A VA-issued identification card may also be used to verify the SSN of a homeless veteran.

Proof of Age
The DD-214 or 10-10EZ must be accepted as proof of age in lieu of birth certificates or other PHA-required documentation as outlined in Section 7-II.C. of this policy. A VA-issued identification card may also be used to verify the age of a homeless veteran.

Photo Identification
A VA-issued identification card must be accepted in lieu of another type of government-issued photo identification. These cards also serve as verification of SSNs and date of birth.

Income Eligibility

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Unlimited copies may be made for internal use. Page 21-5 The PHA must determine income eligibility for VASH families in accordance with 24 CFR 982.201 and policies in Section 3-II.A. If the family is over-income based on the most recently published income limits for the family size, the family will be ineligible for HCV assistance.

While income-targeting does not apply to VASH vouchers, the PHA may include the admission of extremely low-income VASH families in its income targeting numbers for the fiscal year in which these families are admitted.

PHA Policy
While income-targeting requirements will not be considered by the PHA when families are referred by the partnering VAMC, the PHA will include any extremely low-income VASH families that are admitted in its income targeting numbers for the fiscal year in which these families are admitted.

Screening
The PHA may not screen any potentially eligible family members or deny assistance for any grounds permitted under 24 CFR 982.552 and 982.553 with one exception: the PHAs is still required to prohibit admission if any member of the household is subject to a lifetime registration requirement under a state sex offender registration program. Accordingly, with the exception of denial for registration as a lifetime sex offender under state law and PHA policies on how sex offender screenings will be conducted, PHA policy in Sections 3-III.B. through 3-III.E. do not apply to VASH. The prohibition against screening families for anything other than lifetime sex offender status applies to all family members, not just the veteran.

If a family member is subject to lifetime registration under a state sex offender registration program, the remaining family members may be served if the family agrees to remove the sex offender from its family composition. This is true unless the family member subject to lifetime registration under a state sex offender registration program is the homeless veteran, in which case the family would be denied admission to the program [New HCV GB, HUD-VASH, p. 6].

Denial of Assistance [Notice PIH 2008-37]
Once a veteran is referred by the VAMC, the PHA must either issue a voucher or deny assistance. If the PHA denies assistance, it must provide the family with prompt notice of the decision and a brief statement of the reason for denial in accordance with Section 3-III.F. Like in the standard HCV program, the family must be provided with the opportunity for an informal review in accordance with policies in Section 3-III.F. In addition, a copy of the denial notice must be sent to the VAMC case manager.

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Unlimited copies may be made for internal use. Page 21-6 21-I.D. CHANGES IN FAMILY COMPOSITION
Adding Family Members [FR Notice 9/27/21]
When adding a family member after the family has been admitted to the program, PHA policies in Section 3-II.B. apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and will apply its regular screening criteria in doing so.

Remaining Family Members [HUD-VASH Qs and As]
If the homeless veteran dies while the family is being assisted, the voucher will remain with the remaining members of the tenant family. The PHA may use one of its own regular vouchers, if available, to continue assisting this family and free up a VASH voucher for another VASH-eligible family. If a regular voucher is not available, the family would continue utilizing the VASH voucher. Once the VASH voucher turns over, however, it must go to a homeless veteran family.

Family Break Up [HUD-VASH Qs and As]
In the case of divorce or separation, since the set-aside of VASH vouchers is for veterans, the voucher must remain with the veteran. This overrides the PHA’s policies in Section 3-I.C. on how to determine who remains in the program if a family breaks up. 21-I.E. LEASING [FR Notice 9/27/21]
Waiting List
The PHA does not have the authority to maintain a waiting list or apply local preferences for HUD–VASH vouchers. Policies in Chapter 4 relating to applicant selection from the waiting list, local preferences, special admissions, cross-listing, and opening and closing the waiting list do not apply to VASH vouchers.

Exception Payment Standards
To assist VASH participants in finding affordable housing, especially in competitive markets, HUD allows PHAs to establish a HUD-VASH exception payment standard. PHAs may go up to but no higher than 120 percent of the published area-wide fair market rent (FMR) or small area fair market rent (SAFMR) specifically for VASH families. PHAs who want to establish a VASH exception payment standard over 120 percent must still request a waiver from HUD through the regular waiver process outlined in Notice PIH 2018-16.

Voucher Issuance
Unlike the standard HCV program which requires an initial voucher term of at least 60 days, VASH vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply.

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All VASH vouchers will have an initial term of 180 calendar days.

The family must submit a Request for Tenancy Approval and proposed lease within the 180-day period unless the PHA grants an extension.

The PHA must track issuance of HCVs for families referred by the VAMC or DSP in PIC as required in Notice PIH 2011-53.

Initial Lease Term
Unlike in the standard the HCV program, VASH voucher holders may enter into an initial lease that is for less than 12 months. Accordingly, PHA policy in Section 9-I.E., Term of Assisted Tenancy, does not apply.

Ineligible Housing [FR Notice 6/18/14]
Unlike in the standard HCV program, VASH families are permitted to live on the grounds of a VA facility in units developed to house homeless veterans. This applies to both tenant-based assistance and PBV. Therefore, 24 CFR 982.352(a)(5) and 983.53(a)(2), which prohibit units on the physical grounds of a medical, mental, or similar public or private institution, do not apply to VASH for this purpose only. Accordingly, PHA policy in 9-I.D., Ineligible Units, does not apply for this purpose only.

HQS Pre-Inspections
To expedite the leasing process, PHAs may pre-inspect available units that veterans may be interested in leasing in order to maintain a pool of eligible units. If a VASH family selects a unit that passed an HQS inspection (without intervening occupancy) within 45 days of the date of the Request for Tenancy Approval (Form HUD-52517), the unit may be approved if it meets all other conditions under 24 CFR 982.305. However, the veteran must be free to select their unit and cannot be steered to these units.

PHA Policy
To expedite the leasing process, the PHA may pre-inspect available units that veterans may be interested in leasing to maintain a pool of eligible units. If a VASH family selects a unit that passed a HQS pre-inspection (without intervening occupancy) within 45 days of the date of the RTA, the unit may be approved provided that it meets all other conditions under 24 CFR 982.305. The veteran will be free to select their unit.

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

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Portability policies under VASH depend on whether the family wants to move within or outside of the initial VA facility’s catchment area (the area in which the VAMC or DSP operates). In all cases, the initial VA facility must be consulted prior to the move and provide written confirmation that case management will continue to be provided in the family’s new location.

VASH participant families may only reside in jurisdictions that are accessible to case management services, as determined by case managers at the partnering VAMC or DSP.

Under VASH, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied. As a result, PHA policies in Section 10-II.B. about nonresident applicants do not apply.

If the family no longer requires case management, there are no portability restrictions. Normal portability rules apply.

Portability within the Initial VAMC or DSP’s Catchment Area A VASH family can move within the VAMC’s catchment area as long as case management can still be provided, as determined by the VA. If the initial PHA’s partnering VAMC will still provide the case management services, the receiving PHA must process the move in accordance with portability procedures:
x If the receiving PHA has been awarded VASH vouchers, it can choose to either bill the initial PHA or absorb the family if it has a VASH voucher available to do so. - If the PHA absorbs the family, the VAMC or DSP providing the initial case management must agree to the absorption and the transfer of case management. x If the receiving PHA does not administer a VASH program, it must always bill the initial PHA.

Portability Outside of the Initial VAMC or DSP’s Catchment Area If a family wants to move to another jurisdiction where it will not be possible for the initial PHA’s partnering VAMC or DSP to provide case management services, the initial VAMC or DSP must first determine that the VASH family could be served by another VAMC or DSP that is participating in the VASH program, and the receiving PHA has an available VASH voucher.

In these cases, the family must be absorbed by the receiving PHA either as a new admission or as a portability move-in, as applicable. Upon absorption, the initial PHA’s VASH voucher will be available to lease to a new VASH-eligible family, and the absorbed family will count toward the number of VASH slots awarded to the receiving PHA.

Portability Outside of the Initial VAMC or DSP’s Catchment Area under VAWA Veterans who request to port beyond the catchment area of the VAMC or DSP where they are receiving case management to protect the health or safety of a person who is or has been the victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking, and

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Unlimited copies may be made for internal use. Page 21-9 who reasonably believes they are threatened with imminent harm from further violence by remaining in the unit may port prior to receiving approval from the receiving VAMC or DSP. The initial PHA must follow its emergency transfer plan (see Exhibit 16-3). PHAs may require verbal self-certification or a written request from a participant seeking a move beyond the catchment area of the VAMC or DSP.

The verbal self-certification or written request must include either a statement expressing why the participant reasonably believes that there is a threat of imminent harm from further violence if they were to remain in the same unit or a statement that the tenant was a sexual assault victim and that the sexual assault occurred on the premises during the 90-day period preceding the participants request for the move.

The participant must still port to a PHA that has a VASH program. If the receiving PHA does not have a VASH voucher available to lease, they may bill the initial PHA until a VASH voucher is available, at which point the porting veteran must be absorbed into the receiving PHA’s program.
21-I.G. TERMINATION OF ASSISTANCE [FR Notice 9/27/21]
With the exception of terminations for failure to receive case management, HUD has not established any alternative requirements for termination of assistance for VASH participants.

However, prior to terminating VASH participants, HUD strongly encourages PHAs to exercise their discretion under 24 CFR 982.552(c)(2) as outlined in Section 12-II.D. of this policy and consider all relevant circumstances of the specific case. This includes granting reasonable accommodations for persons with disabilities, as well as considering the role of the case manager and the impact that ongoing case management services can have on mitigating the conditions that led to the potential termination.

VASH participant families may not be terminated after admission for a circumstance or activities that occurred prior to admission and were known to the PHA but could not be considered at the time of admission due to VASH program requirements. The PHA may terminate the family’s assistance only for program violations that occur after the family’s admission to the program.

Cessation of Case Management
As a condition of receiving HCV rental assistance, a HUD-VASH-eligible family must receive case management services from the VAMC or DSP. A VASH participant family’s assistance must be terminated for failure to participate, without good cause, in case management as verified by the VAMC or DSP.

However, a VAMC or DSP determination that the participant family no longer requires case management is not grounds for termination of voucher or PBV assistance. In such a case, at its option, the PHA may offer the family continued assistance through one of its regular vouchers.

If the PHA has no voucher to offer, the family will retain its VASH voucher or PBV unit until such time as the PHA has an available voucher for the family.

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When a veteran’s family member is receiving protection under VAWA because the veteran is the perpetrator of domestic violence, dating violence, sexual assault, stalking, or human trafficking, the victim must continue to be assisted. Upon termination of the perpetrator’s VASH assistance, the victim must be given a regular HCV if one is available, and the perpetrator’s VASH voucher must be used to serve another eligible veteran family. If a regular HCV is not available, the perpetrator must be terminated from assistance and the victim will continue to use the VASH voucher.
21-I.H. PROJECT-BASING VASH VOUCHERS
General Requirements [Notice PIH 2017-21 and FR Notice 9/27/21] PHAs are authorized to project-base their tenant-based VASH vouchers without additional HUD review or approval in accordance with Notice PIH 2017-21 and all PBV program requirements provided that the VAMC will continue to make supportive services available. In addition, since 2010, HUD has awarded VASH vouchers specifically for project-based assistance in the form of PBV HUD-VASH set-aside vouchers. While these vouchers are excluded from the PBV program cap as long as they remain under PBV HAP contract at the designated project, all other VASH vouchers are subject to the PBV program percentage limitation discussed in Section 17-I.A.

Note that VASH supportive services only need to be provided to VASH families receiving PBV assistance in the project, not all families receiving PBV assistance in the project. If a VASH family does not require or no longer requires case management, the unit continues to count as an excepted PBV unit as long as the family resides in the unit.

If the PHA project-bases VASH vouchers, the PHA must consult with the partnering VAMC or DSP to ensure approval of the project or projects. PHAs may project-base VASH vouchers in projects alongside other PBV units and may execute a single HAP contract covering both the VASH PBVs and the other PBVs. The PHA must refer only VASH families to PBV units exclusively made available to VASH families and to PBV units funded through a HUD set-aside award.

If a VASH family is referred to the PHA and there is an available PBV unit that is not exclusively made available to VASH families, the PHA may offer to refer the family to the owner if allowable under the selection policy for that project, and the owner and PHA may amend the HAP contract to designate the PBV unit as a VASH PBV unit.

The PHA and owner may agree to amend a PBV HAP contract to redesignate a regular PBV unit as a unit specifically designated for VASH families so long as the PHA first consults with the VAMC or DSP. Additionally, the PHA and owner may agree to amend a PBV HAP contract to redesignate a unit specifically designated for VASH families as a regular PBV unit, so long as the unit is not funded through a VASH PBV set-aside award and is eligible for regular PBV (i.e., the unit is not on the grounds of a medical facility and the unit is eligible under the PHA’s program and project caps).

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Packet Pg. 1401 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-11 Policies for VASH PBV units will generally follow PHA policies for the standard PBV program as listed in Chapter 17, with the exception of the policies listed below.

Failure to Participate in Case Management [FR Notice 9/27/21] Upon notification by the VAMC or DSP of the family’s failure to participate, without good cause, in case management, the PHA must provide the family a reasonable time period to vacate the unit. The PHA must terminate assistance to the family at the earlier of either the time the family vacates or the expiration of the reasonable time period given to vacate.

PHA Policy
Upon notification by the VAMC or DSP that a VASH PBV family has failed to participate in case management without good cause, the PHA will provide written notice of termination of assistance to the family and the owner within 10 business days. The family will be given 60 days from the date of the notice to move out of the unit.

The PHA may make exceptions to this 60-day period if needed for reasons beyond the family’s control such as death, serious illness, or other medical emergency of a family member.

If the family fails to vacate the unit within the established time, the owner may evict the family.

If the owner does not evict the family, the PHA must remove the unit from the HAP contract or amend the HAP contract to substitute a different unit in the project if the project is partially assisted. The PHA may add the removed unit to the HAP contract after the ineligible family vacates the property.

Moves [HUD-VASH Qs and As, FR Notice 9/27/21]
When a VASH PBV family is eligible to move from its PBV unit in accordance with Section 17- VIII.C. of this policy, but there is no other comparable tenant-based rental assistance, the following procedures must be implemented:
x If a VASH tenant-based voucher is not available at the time the family wants (and is eligible) to move, the PHA may require a family who still requires case management to wait for a VASH tenant-based voucher for a period not to exceed 180 days; x If a VASH tenant-based voucher is still not available after that period, the family must be allowed to move with its VASH voucher. Alternatively, the PHA may allow the family to move with its VASH voucher without having to meet this 180-day period. In either case, the PHA is required to replace the assistance in the PBV unit with one of its regular vouchers, unless the PHA and owner agree to temporarily remove the unit from the HAP contract; and x If a VASH veteran is determined to no longer require case management, the PHA must allow the family to move with the first available tenant-based voucher if no VASH voucher is immediately available and cannot require the family to wait for a VASH voucher to become available.

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Packet Pg. 1402 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-12 PART II: STABILITY VOUCHER PROGRAM
21-II.A. OVERVIEW [Notice PIH 2022-24]
The Consolidated Appropriations Act, 2021 (Public Law 116-260) (2021 Act) provided new incremental funding for voucher assistance through Stability Vouchers (SVs) for households who are:
x Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a));
x At-risk of homelessness;
x Those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, or human trafficking; and
x Veterans and families that include a veteran family member that meet one of the above criteria.

HUD may waive certain statutory and regulatory provisions to administer the SVs (except for requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards and the environment) upon a finding that any such waivers or alternative requirements are necessary to facilitate the use of funds made available for SVs.

Unless expressly waived below, all statutory and regulatory requirements and HUD directives regarding the HCV program are applicable to SVs, including the use of all HUD required contracts and other forms. A PHA may request additional good cause regulatory waivers as established in Notice PIH 2018-16 in connection with the use of the SVs, which HUD will consider and assess upon the request of the PHA.
21- II.B. PARTNERING ORGANIZATION [Notice PIH 2022-24]
SV funding is only awarded to PHAs that partner with eligible Continuums of Care (CoCs) or other entities that serve the targeted population, such as Victim Service Providers (VSPs) and Veteran Service Organizations (VSOs) serving the targeted population in the PHA’s jurisdiction to implement coordinated approaches to reduce the prevalence of homelessness, improve service engagement, and promote housing stability while ensuring geographical need of assistance.

The PHA must enter into a Memorandum of Understanding (MOU) with the CoC to establish a partnership with the CoC to pair SVs with CoC-funded supportive services, and to collaborate with the CoC and other stakeholders to develop a prioritization plan for these vouchers.

PHA Policy
The PHA has entered into an MOU with the following partnering organization The Los Angeles Homeless Services Authority (LAHSA). See Exhibit 21-3 for a copy of the MOU.

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Packet Pg. 1403 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-13 21- II.C. REFERRALS [Notice PIH 2022-24]
In general, families are issued SVs as the result of either:
x The direct referral process from the CoC or other partnering organizations; or x A situation where the PHA makes an SV available in order to facilitate an emergency transfer for victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking.

CoC Referrals
The primary responsibility of the CoC under the MOU is to make direct referrals of qualifying individuals and families to the PHA and to identify any CoC-funded available supportive services that may be paired with SVs.

The CoC or other partnering agency must certify that the SV applicants they refer to the PHA meet the definition of a qualifying individual or family for SV assistance.

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

PHA Policy
The referral process is outlined in Exhibit 21-3 of this chapter. 21- II.D. WAITING LIST [Notice PIH 2022-24]
HCV Waiting List
The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions in accordance with admission policies in Chapter 4 does not apply to PHAs operating the SV program. Direct referrals are not added to the PHA’s HCV waiting list.

The PHA must inform families on the HCV waiting list of the availability of SVs by, at a minimum, either by posting the information to their website or providing public notice in their respective communities in accordance with the requirements listed in Notice PIH 2022-24.

PHA Policy
The PHA will post information about the SV program for families on the PHA’s website.

The notice will:

Describe the eligible populations to which SVs are limited.

Clearly state that the availability of these SVs is managed through a direct referral process.

Advise the family to contact the CoC (or any other PHA referral partner, if applicable) if the family believes they may be eligible for SV assistance.

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Packet Pg. 1404 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-14 The PHA will ensure effective communication with persons with disabilities, including those with vision, hearing, and other communication-related disabilities in accordance with Chapter 2. The PHA will also take reasonable steps to ensure meaningful access for persons with limited English proficiency (LEP) in accordance with Chapter 2.

SV Waiting List
The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program do not apply to PHAs operating the SV program. Instead, when the number of applicants referred by the CoC or partnering agency exceeds the SVs available, the PHA must maintain a separate waiting list for SV referrals. Upon turnover, SV vouchers must continue to remain available for eligible families.

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

HCV Waiting List Preferences
If local preferences are established by the PHA for HCV in Chapter 4, they do not apply to SVs.

However, if the PHA has a homelessness preference or a preference for survivors of domestic violence, dating violence, sexual assault, stalking, or human trafficking for the regular HCV program, the PHA must refer any applicant on the waiting list that indicated they qualified for this preference to the CoC, or the applicable partnering referral agency.

PHA Policy
The PHA does not offer VAWA preference for the HCV waiting list.

SV Waiting List Preferences
With the exception of a residency preference, which may not be applied to the PHA’s SV waiting list, the PHA may choose, in coordination with the CoC and other referral partners, to establish separate local preferences for SVs, or may simply choose to not establish any local preferences for the SV waiting list. The preference system may not prohibit SV admissions from any of the four qualifying categories of eligibility.

PHA Policy
The waiting list preferences are outlined in Exhibit 21-3 of this chapter.

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Packet Pg. 1405 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-15 21-II.E. FAMILY ELIGIBILITY [Notice PIH 2022-24]
Referring Agency Determination of Eligibility
The CoC or referring agency determines whether the individual or family meets any one of the eligibility criteria described in Notice PIH 2022-24 and then refers the family to the PHA. The PHA determines that the family meets other eligibility criteria for the HCV program, as modified for the SV program and outlined below.

In order to be eligible for an SV, a household must meet one of four eligibility criteria:
x Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)) and 24 CFR 578.3;
x At-risk of homelessness as defined in 24 CFR 5.78.3;
x Those fleeing or attempting to flee domestic violence dating violence, sexual assault, stalking, or human trafficking; and
x Veterans [as defined in 38 U.S.C. 101(2); 38 CFR 3.1(d)] and families that include a veteran family member that meet one of the above criteria.

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

The mandatory and permissive prohibitions listed in Notice PIH 2022-24 and in this chapter, however, apply only when screening the individual or family for eligibility for an SV. When adding a family member after the family has been placed under a HAP contract with SV assistance, the regulations at 24 CFR 982.551(h)(2) apply. Other than the birth, adoption, or court-awarded custody of a child, the PHA must approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing so.

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

The PHA will also deny assistance to household members already receiving assistance from another program.

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Packet Pg. 1406 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-16 The PHA must deny admission to the program if any member of the family fails to sign and submit consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family of the limited SV grounds for denial of admission first.

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

Permissive Denial
Notice PIH 2022-24 lists permissive prohibitions for which the PHA may, but is not required to, deny admission to SV families. The notice also lists prohibitions that, while allowable under the HCV program, may not be used to deny assistance for SV families.

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

PHA Policy
The PHA has not adopted any permissible prohibitions for SVs Self-Certification of Income at Admission
The requirement to obtain third-party verification of income in accordance with Notice PIH 2018-18 does not apply to the SV program applicants at admission, and alternatively, PHAs may consider self-certification the highest form of income verification at admission. As such, PHA policies related to the verification of income in Section 7-I.B. do not apply to SV families at admission. Instead, applicants must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would affect an income eligibility determination.

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

PHA Policy
The PHAs will on a case-by-case consider self-certification as the highest form of income verification at admission.

Recently Conducted Income Determinations
PHAs may accept income calculations and verifications from third-party providers or from an examination that the PHA conducted on behalf of the family for another subsidized housing program in lieu of conducting an initial examination of income as long as:

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Packet Pg. 1407 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-17 x The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last six months; and
x The family certifies there has been no change in income or family composition in the interim.

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

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

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

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

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

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

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

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

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Unlimited copies may be made for internal use. Page 21-18 PHA Policy
The PHA will admit SV applicants who are unable to provide the required SSN or citizenship documentation during the initial eligibility determination. These individuals must provide the required documentation in accordance with policies in Chapter 7 within 180 days of admission. The PHA may provide an additional 60-day extension based on evidence from the family or confirmation from the CoC or other partnering agency that the family has made a good-faith effort to obtain the documentation.

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

Age and Disability Verifications
PHAs may accept self-certification of date of birth and disability status if a higher level of verification is not immediately available. If self-certification is used, the PHA must obtain a higher level of verification within 90 days of admission or verify the information in EIV.

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

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

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

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

PHA Policy
The PHA will not include the admission of extremely low-income SV families in its income targeting numbers for the fiscal year in which these families are admitted.

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Packet Pg. 1409 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-19 21- II.F. HOUSING SEARCH AND LEASING
Initial Voucher Term
Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, SV vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined in Section 5-II.E. will apply.

PHA Policy
All SVs will have an initial term of 180 calendar days.

The family must submit a Request for Tenancy Approval and proposed lease within the 180-day period unless the PHA grants an extension.

HQS Pre-Inspections
To expedite the leasing process, PHAs may pre-inspect available units that SV families may be interested in leasing in order to maintain a pool of eligible units.

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

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

Initial Lease Term
Unlike in the standard the HCV program, SV voucher holders may enter into an initial lease that is for less than 12 months, regardless of the PHA policy in Section 9-I.E., Term of Assisted Tenancy.

Portability
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to SVs. Exceptions are addressed below.
x Under SV, applicant families may move under portability even if the family did not have legal residency in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Section 10-II.B.

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Unlimited copies may be made for internal use. Page 21-20 x A receiving PHA cannot refuse to assist an incoming SV family, regardless of whether the PHA administers SVs under its own ACC.
x If the SV family moves under portability to another PHA that administers SVs under its own ACC:
- The receiving PHA may only absorb the incoming SV family with an SV (assuming it has an SV voucher available to do so).
- If the PHA does not have an SV available to absorb the family, it must bill the initial PHA.

The receiving PHA must allow the family to lease the unit with SV assistance and may not absorb the family with a regular HCV when the family leases the unit. - Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family’s SV assistance, the SV administration of the voucher is in accordance with the receiving PHA’s SV policies.
x If the SV family moves under portability to another PHA that does not administer SVs under its own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the initial PHA.

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

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

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

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

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Packet Pg. 1411 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-21 21-II.G. PAYMENT STANDARDS
Overview
For the SV program, HUD has waived the regulation requiring a single payment standard for each unit size. Instead, the PHA may, but is not required to, establish separate higher payment standards for SVs. Lower SV payment standards are not permitted. If the PHA is increasing the regular HCV payment standard, the PHA must also increase the SV payment standard if it would be otherwise lower than the new regular HCV payment standard. The separate SV payment standard must comply with all other HCV requirements with the exception of the alternative requirements discussed below.

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

The PHA may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of the HUD published Small Area FMR for that ZIP code area. The exception payment standard must apply to the entire ZIP code area.

PHA Policy
The PHA will use the same payment standards for HCV and SV. However, the PHA may establish a higher payment standard amount for SVs.

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

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

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

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

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Unlimited copies may be made for internal use. Page 21-22 21- II.H. PROJECT-BASED UNITS
All tenant-based SV awards can be converted to Project-Based Vouchers (PBV) at any time after award without HUD approval provided all the established PBV regulations and requirements are followed.

All PBV requirements in 24 CFR Part 983 and in Chapter 17 apply to project-based SVs with the exception of 24 CFR 983.251(c)(1), which requires PHAs to select families for project-based units from its HCV or PBV waiting list. HUD is waiving this requirement and establishing an alternative requirement that PHAs receive SV referrals from CoC partners for vouchers as well as project-based assistance.

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Packet Pg. 1413 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) © Copyright 2023 Nan McKay & Associates, Inc.

Unlimited copies may be made for internal use. Page 21-23 EXHIBIT 21-1: SAMPLE STABILITY VOUCHER (SV)
HOMELESS PROVIDER’S CERTIFICATION
Stability Voucher (SV)

HOMELESS CERTIFICATION
SV Applicant Name: ____________________________________________________________ տ Household without dependent children (complete one form for each adult in the household)
տ Household with dependent children (complete one form for household) Number of persons in the household: ______________
This is to certify that the above-named individual or household meets the following criteria based on the check mark, other indicated information, and signature indicating their current living situation
Check only one box and complete only that section
Living Situation: place not meant for human habitation (e.g., cars, parks, abandoned buildings, streets/sidewalks)
տ The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a public or private place not designed for, or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus station, airport, or campground.

Description of current living situation:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Homeless Street Outreach Program Name: ___________________________________________ This certifying agency must be recognized by the local Continuum of Care (CoC) as an agency that has a program designed to serve persons living on the street or other places not meant for human habitation. Examples may be street outreach workers, day shelters, soup kitchens, Health Care for the Homeless sites, etc.

Authorized Agency Representative Signature: ________________________________________ Date: ________________________________

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Unlimited copies may be made for internal use. Page 21-24 Living Situation: Emergency Shelter
տ The person(s) named above is/are currently living in (or, if currently in hospital or other institution, was living in immediately prior to hospital/institution admission) a supervised publicly or privately operated shelter as follows:

Emergency Shelter Program Name: _________________________________________________ This emergency shelter must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to the U.S. Department of Housing and Urban Development (HUD) or otherwise be recognized by the CoC as part of the CoC inventory (e.g., newly established Emergency Shelter).

Authorized Agency Representative Signature: ________________________________________ Date: ________________________________
Living Situation: Recently Homeless
տ The person(s) named above is/are currently receiving financial and supportive services for persons who are homeless. Loss of such assistance would result in a return to homelessness (e.g., households in rapid rehousing programs, residents of permanent supportive housing programs participating in Moving On, etc.) Authorized Agency Representative Signature: ________________________________________ Date: ________________________________
This referring agency must appear on the CoC’s Housing Inventory Chart submitted as part of the most recent CoC Homeless Assistance application to HUD or otherwise be recognized by the CoC as part of the CoC inventory.

Immediately prior to entering the household’s current living situation, the person(s) named above was/were residing in:
տ Emergency shelter OR տ A place unfit for human habitation Authorized Agency Representative Signature: ________________________________________ Date: ________________________________

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Unlimited copies may be made for internal use. Page 21-25 EXHIBIT 21-2: SAMPLE VICTIM SERVICE PROVIDER’S CERTIFICATION Stability Voucher (SV)

SAMPLE CERTIFICATION FOR SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE,

SEXUAL ASSAULT, STALKING, AND/OR HUMAN TRAFFICKING
Use of this Optional Form:

Service providers may utilize this form to certify a family’s eligibility for SV to document households who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, and/or human trafficking. In response to this request, the service provider may complete this form and submit it to the Public Housing Agency (PHA) to certify eligibility for the U.S. Department of Housing and Urban Development’s (HUD) Stability Voucher program.

Confidentiality:

All information provided during the referral process concerning the incident(s) of domestic violence, dating violence, dating violence, sexual assault, stalking, and human trafficking shall be kept confidential and such details shall not be entered into any shared database. Employees of the PHA will not have access to these details, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law.

TO BE COMPLETED ON BEHALF OF SURVIVORS OF DOMESTIC VIOLENCE, DATING VIOLENCE,

SEXUAL ASSAULT, STALKING, AND/OR HUMAN TRAFFICKING
SV Applicant Name: ____________________________________________________________ The applicant named above is a survivor of (please check from the list all that apply):
տ Domestic Violence
տ Dating Violence
տ Sexual Assault
տ Stalking
տ Human Trafficking

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Unlimited copies may be made for internal use. Page 21-26 This certifies that the above-named individual or household meets the definition for persons who are fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking and/or human trafficking as these terms are defined under 34 U.S.C. Section 12291 of the Violence Against Women Act1
and 22 U.S.C. Section 7102(11) of the Trafficking Victims Protection Act.2
I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Authorized Agency Representative Signature: ________________________________________ Date: ________________________________
1 The Violence Against Women Act protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
2 The Victims of Trafficking and Violence Protection Act of 2000 provides assistance to victims of trafficking making housing, educational health care, job training and other federally-funded social service programs available to assist victims in rebuilding their lives.

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Unlimited copies may be made for internal use. Page 21-27 EXHIBIT 21-3: SAMPLE SV MEMORANDUM OF UNDERSTANDING3

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA MONICA HOUSING AUTHORITY
AND

LOS ANGELES HOMELESS SERVICES AUTHORITY
This Memorandum of Understanding (“MOU”) by and between the City of Santa Monica Housing Authority (“SMHA”) and the Los Angeles Homeless Services Authority (“LAHSA”) for referrals on the Stability Voucher (“SV”) Program is made and entered into on the date of the execution of the last signatory.

I. INTRODUCTION AND GOALS
LAHSA, as the lead agency for the Los Angeles City and County Continuum of Care ("CoC"), and the SMHA, together through the Stability Voucher (SV) Program seek to prevent and end homelessness among individuals and families who are experiencing or at-risk of homelessness, those fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, and human trafficking, and veterans and families that include a veteran family member that meets one of the proceeding criteria.

The Consolidated Appropriations Act, 2021 (Public Law 116-260) (2021 Act), makes available $43,439,000 for new incremental voucher assistance under Section 8(o) of the United States Housing Act of 1937 for use by individuals and families experiencing or at-risk of homelessness; those fleeing or attempting to flee domestic violence, dating violence, sexual assault, and stalking; and veterans and families that include a veteran family member that meets one of the proceeding criteria.

The Consolidated Appropriations Act, 2022 (Public Law 117-103 (2022 Act) further provides that Housing and Urban Development ("HUD") may waive certain statutory and regulatory provisions to administer the SVs (except for requirements related to tenant rights and protections, rent setting, fair housing, nondiscrimination, labor standards and the environment) upon a finding that any such waivers or alternative requirements are necessary to facilitate the use of funds made available for SVs.

This MOU outlines the collaboration and commitment between the SMHA and LAHSA to pair Stability Vouchers with CoC-funded supportive services; and to collaborate with the CoC and other stakeholders to develop a prioritization plan for these vouchers.

Lead Agency Liaison:

SMHA: Jim Kemper, Acting Housing Manager
LAHSA: Kiara Payne, Associate Director, Permanent Housing

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Unlimited copies may be made for internal use. Page 21-28 x Unsheltered People Experiencing
Homelessness (PEH) with severe service
needs, who are being served through
encampment resolution efforts and who
are enrolled in an eligible Coordinated
Entry System (CES) program with a CES
score who are document ready,
prioritized by length of time
homeless/length of time enrolled, or
case conferencing.
x Unsheltered individuals/households
fleeing domestic violence, sexual assault,
stalking and dating violence.

Housing Stability Vouchers
II. INDIVIDUALS AND FAMILY ELIGIBILITY UNDER THE QUALIFYING CATEGORIES In order to be eligible for an SV, an individual or family must meet one of four eligibility. categories:
x Currently experiencing homeless
x At risk of homelessness
x Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking
x Veterans and families that include a veteran family member that meets one of the above-mentioned criteria
Populations eligible for Housing Stability Vouchers ("HSV") assistance to be referred by CoC:

Encampment Identification:
a. An Encampment is to be defined as:
i. Five or more PEH with three or more tents/makeshifts/ vehicles in a 300ft radius or
ii. Physical Boundaries identified for resolution tied to funding and/or a specified housing resource.

Prioritization will be determined by Santa Monica Program Participant eligibility criteria and the Coordinated Entry System.

III. CITY OF SANTA MONICA HOUSING AUTHORITY ROLES AND RESPONSIBILITIES

1. Coordinate and consult with the CoC in developing the services and assistance to be

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Unlimited copies may be made for internal use. Page 21-29 allowable using the SV services fee.

2. Accept referrals for eligible individuals through the CoC's Coordinated Entry System but who are prioritized in conjunction with the Santa Monica Program participant eligibility criteria.

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

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

5. Designate a staff member to serve as the lead SV liaison.

6. Comply with the provisions of this MOU.

IV. LAHSA ROLES AND RESPONSIBILITIES

1. Designate and maintain a lead SV liaison to communicate with the Santa Monica Housing Authority.

2. Refer eligible individuals to the SMHA using the CoC’s Coordinated Entry System, prioritized in conjunction with the Santa Monica Program participant eligibility criteria, including eligible clients with an expiring voucher issued by the SMHA for other rental assistance programs, such as the Emergency Housing Voucher program.

3. Support eligible individuals and households in completing and applying for supporting documentation to accompany admissions application to the SMHA (i.e., selfcertifications, birth certificate, social security card, etc.).

4. Attend SV participant briefings when needed.

5. Assess all households referred for SV for mainstream benefits and supportive services available to support eligible individuals and families through their transition.

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

7. Comply with the provisions of this MOU.

V. CoC-FUNDED SUPPORTIVE SERVICES THAT WILL BE PAIRED WITH SV

1. Security Deposits: Security deposit fees will be provided by the County of Los Angeles (“LA County”) subject to funding availability and client eligibility.

2. SMHA, LAHSA, and/or LA County will further assist individuals and families in the Program by providing the following services:

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Unlimited copies may be made for internal use. Page 21-30 a. LA County will provide, for each voucher that is matched to an individual or family, intensive case management services funding to contracted agencies to complete rental applications and forms, obtain necessary supporting documentation for referrals and applications for assistance, assist with addressing or mitigating barriers to leasing, provide referrals and linkage to other needed services such as, mental health services, substance use disorder services, linkage and referral to benefits advocacy and connection to interim housing and/or shelters.
b. Housing search assistance: LAHSA and LA County’s funded providers will provide all available housing search assistance activities in accordance with Public and Indian Housing (PIH) Notice 2021-15 (help individual families identify potentially available units during their housing search, provide transportation assistance and directions to potential units, assist with the completion of rental applications and Public Housing Authority [PHA] forms). For purposes of this agreement, PHA refers to the SMHA.
c. LA County and its funded service providers will receive information from SMHA to support and ensure appointment notifications are communicated effectively to eligible individuals and families and assist eligible households in attending appointments with Santa Monica Housing Authority.
d. SMHA will establish timeframes for applicants to complete intake forms and associated documentation for SV assistance.
e. LA County funded service providers will provide counseling on compliance with lease requirements.

VI. HUD ADOPTED WAIVERS AND ALTERNATIVE REQUIREMENTS
PIH Notice 2022-24 provides HUD with authority to adopt certain statutory and regulatory waivers and alternative requirements for Stability Vouchers. Within this authority, HUD has mandated the use of various waivers and alternative requirements for the SV program, and also provides PHAs with discretion in certain program aspects to use a waiver or alternative approach. The following waivers and alternative requirements are mandated by HUD for the SV program:

1. Required partnerships with the CoC and/or Victim Service Provider and other organizations in the Santa Monica Housing Authority’s geographic area for direct referrals and services.

2. Admission process – Direct referrals from the CoC.

3. Separate waiting list for SV referrals/applicants.

4. Local preferences

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Unlimited copies may be made for internal use. Page 21-31 a. Individuals and families who are currently experiencing homelessness defined by 24 CFR 578.3;Individuals and families fleeing or attempting to flee domestic violence, dating violence, stalking, sexual assault as defined in Notice PIH 2022- 24;
b. Individuals and families at risk of homelessness defined by 24 CFR 578.3; and c. Veterans and families that include a veteran family that meet one of the preceding criteria (1-3).

5. Cannot apply residency preferences for SV admission.

6. Mandatory prohibition for admission if any household member has ever been convicted of drug drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing or if any member of the household is subject to a lifetime registration requirement under a State sex offender registration program.

7. Income verification at admission which allows for self-certification as the highest form of income verification at admission. Applicants may provide third party documentation which represents the applicant’s income within the 60-day period prior to admission or voucher issuance but is not dated within 60 days of the PHA’s request.

8. Eligibility determination: Social Security Number, citizenship, eligible immigration status, age, and disability status verification and documentation must be provided within 180 days of admission to be eligible for continued assistance, pending verification, unless the PHA provides an extension based on evidence from the family or confirmation from the CoC that the family has made a good-faith effort to obtain documentation.

9. Inapplicability of income targeting requirements.

10. Use of recently conducted initial income determinations and verifications at admission.

11. Pre-inspection of Housing Quality Standards (HQS) units.

12. Initial search term must be at least 120 days.

13. Initial lease term may be shorter than one year.

14. Portability – All nonresident applicants are allowed to immediately port out.13.

15. Unlike the HCV admissions SMHA cannot deny admission for any of the following:
a. Any member of the family has been evicted from federally assisted housing in the last five years.
b. A PHA has ever terminated assistance under the program for any member of the family.
c. The family currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act.

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Unlimited copies may be made for internal use. Page 21-32 d. The family has not reimbursed any PHA for amounts paid to an owner under a HAP contract for rent, damages to the unit, or other amounts owed by the family under the lease.
e. The family breached an agreement with the PHA to pay amounts owed to a PHA, or amounts paid to an owner by a PHA.
f. The family would otherwise be prohibited admission under alcohol abuse standards established by the PHA in accordance with 24 CFR §982.553(a)(3). g. The PHA determines that any household member is currently engaged in or has engaged in during a reasonable time before the admission, drug-related criminal activity.
(See Page 33 of PIH Notice 2022-24)
VII. SMHA PERMISSIVE PROHIBITION POLICIES AGREED UPON BY THE SMHA AND LAHSA SMHA, in consultation with LAHSA, has not adopted any permissive prohibitions for the Stability Voucher program.

VIII. PROGRAM EVALUATION
The SMHA and LAHSA agree to cooperate with any program evaluation efforts undertaking by HUD, or a HUD-approved contractor, including compliance with HUD evaluation protocol and data sharing requests.

IX. GENERAL MOU PROVISIONS:

I. Counterparts and Electronic Signatures. This MOU may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Contract. The email or other electronically delivered signature of the Parties shall be deemed to constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.

II.Hold harmless / Indemnity. Government Code Section 895.2 imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code Section 895. Pursuant to Government Code Section 895.4 and 895.6, LAHSA and SMHA shall each assume the full liability imposed upon them, or any of their respective officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement and any sub- agreements entered into pursuant thereto. LAHSA and SMHA indemnify and hold harmless one another for any loss, costs, or expenses that may be imposed upon such other party by virtue of

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Unlimited copies may be made for internal use. Page 21-33 Government Code Section 895.2. The parties’ covenants and obligations contained herein shall survive the expiration or termination of this Agreement.

III. Insurance. The Parties represent that they maintain sufficient insurance coverage through self-insurance and third-party coverage to meet the irrespective indemnity and hold harmless obligations as set forth under this agreement. Specific insurance requirements are attached as exhibit A.

IV. Confidentiality and Data Security. The Parties acknowledge that all Personally Identifiable Information will be held confidential in accordance with the Federal Privacy Act of 1974, and all applicable Federal and state laws. It is understood and agreed that the authorization allows the SMHA to share personal information with the Los Angeles Homeless Services Authority, Los Angeles County Departments, and other agencies affiliated with the Coordinated Entry System (CES) to assist in obtaining supportive and rental related services, develop homeless performance targets and centralize the development and effective functioning of the CES to combat homelessness. These agencies may also share with each other confidential case information related to participation in the SMHA rental assistance programs.

V.Modification and Termination. This MOU may be modified by the mutual consent of the Parties by the issuance of a written amendment, signed and dated by the Parties. The MOU may be terminated for any reason by either party upon sixty (60) days written notice.

SIGNATURES
IN WITNESS WHEREOF, SMHA and LAHSA have caused this MOU to be executed by their duly authorized representatives.

CITY OF SANTA MONICA HOUSING AUTHORITY
By: Date: 12/18/2023
David White
Executive Director

LOS ANGELES HOMELESS SERVICES AUTHORITY
By: Date: 12/14/2023
Dr. Va Lecia Adams Kellum
Chief Executive Officer

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GL-1

GLOSSARY
A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ACC Annual contributions contract
ADA Americans with Disabilities Act of 1990
AIDS Acquired immune deficiency syndrome
BR Bedroom
CDBG Community Development Block Grant (Program)
CFR Code of Federal Regulations (published federal rules that define and implement laws; commonly referred to as “the regulations”)
CPI Consumer price index (published monthly by the Department of Labor as an inflation indicator)
EIV Enterprise Income Verification
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration (HUD Office of Housing) FHEO Fair Housing and Equal Opportunity (HUD Office of) FICA Federal Insurance Contributions Act (established Social Security taxes) FMR Fair market rent
FR Federal Register
FSS Family Self-Sufficiency (Program)
FY Fiscal year
FYE Fiscal year end
GAO Government Accountability Office
GR Gross rent
HA Housing authority or housing agency
HAP Housing assistance payment
HCV Housing choice voucher
HIP Housing Information Portal
HOTMA Housing Opportunity through Modernization Act of 2016 HQS Housing quality standards
HUD Department of Housing and Urban Development
HUDCLIPS HUD Client Information and Policy System

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IPA Independent public accountant
IRA Individual retirement account
IRS Internal Revenue Service
IVT Income Validation Tool
JTPA Job Training Partnership Act
LBP Lead-based paint
LEP Limited English proficiency
MSA Metropolitan statistical area (established by the U.S. Census Bureau) MTW Moving to Work
NOFA Notice of funding availability
NSPIRE National Standards for the Physical Inspection of Real Estate OGC HUD's Office of General Counsel
OIG HUD’s Office of Inspector General
OMB Office of Management and Budget
PASS Plan to Achieve Self-Support
PBV Project-based voucher
PHA Public housing agency
PIH (HUD Office of) Public and Indian Housing
PS Payment standard
QC Quality control
RAD Rental Assistance Demonstration Program
REAC (HUD) Real Estate Assessment Center
RFP Request for proposals
RFTA Request for tenancy approval
RIGI Regional inspector general for investigation (handles fraud and program abuse matters for HUD at the regional office level)
SEMAP Section 8 Management Assessment Program
SRO Single room occupancy
SSA Social Security Administration
SSI Supplemental security income
SWICA State wage information collection agency

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TANF Temporary assistance for needy families
TPV Tenant protection vouchers
TR Tenant rent
TTP Total tenant payment
UA Utility allowance
UFAS Uniform Federal Accessibility Standards
UIV Upfront income verification
URP Utility reimbursement payment
VAWA Violence Against Women Act
VCA Voluntary Compliance Agreement
VMS Voucher Management System

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B. GLOSSARY OF SUBSIDIZED HOUSING TERMS
Absorption. In portability (under subpart H of this part 982): the point at which a receiving PHA stops billing the initial PHA for assistance on behalf of a portability family. The receiving PHA uses funds available under the receiving PHA consolidated ACC.

Accessible. The facility or portion of the facility can be approached, entered, and used by persons with disabilities.

Adjusted income. Annual income, less allowable HUD deductions and allowances.

Administrative fee. Fee paid by HUD to the PHA for administration of the program. See §982.152.

Administrative plan. The plan that describes PHA policies for administration of the tenantbased programs. The Administrative Plan and any revisions must be approved by the PHA’s board and included as a supporting document to the PHA Plan. See §982.54.

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

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

Annual. Happening once a year.

Annual contributions contract (ACC). The written contract between HUD and a PHA under which HUD agrees to provide funding for a program under the 1937 Act, and the PHA agrees to comply with HUD requirements for the program.

Annual income. The anticipated total income of an eligible family from all sources for the 12-month period following the date of determination of income, computed in accordance with the regulations.

Applicant (applicant family). A family that has applied for admission to a program but is not yet a participant in the program.

Area exception rent. An amount that exceeds the published FMR. See 24 CFR 982.504(b).

As-paid states. States where the welfare agency adjusts the shelter and utility component of the welfare grant in accordance with actual housing costs.

Assets. (See net family assets.)
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities receiving federal financial assistance.

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Biennial. Happening every two years.

Bifurcate. With respect to a public housing or Section 8 lease, to divide a lease as a matter of law such that certain tenants can be evicted or removed while the remaining family members’ lease and occupancy rights are allowed to remain intact.

Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs under the program. For each funding increment in a PHA program, budget authority is the maximum amount that may be paid by HUD to the PHA over the ACC term of the funding increment.

Child. A member of the family other than the family head or spouse who is under 18 years of age.

Child care expenses. Amounts anticipated to be paid by the family for the care of children under 13 years of age during the period for which annual income is computed, but only where such care is necessary to enable a family member to actively seek employment, be gainfully employed, or to further their education and only to the extent such amounts are not reimbursed. The amount deducted shall reflect reasonable charges for child care. In the case of child care necessary to permit employment, the amount deducted shall not exceed the amount of employment income that is included in annual income.

Citizen. A citizen or national of the United States.

Cohead. An individual in the household who is equally responsible for the lease with the head of household. A family may have a cohead or spouse but not both. A cohead never qualifies as a dependent. The cohead must have legal capacity to enter into a lease.

Common space. In shared housing, the space available for use by the assisted family and other occupants of the unit.

Computer match. The automated comparison of databases containing records about individuals.

Confirmatory review. An on-site review performed by HUD to verify the management performance of a PHA.

Consent form. Any consent form approved by HUD to be signed by assistance applicants and participants to obtain income information from employers and SWICAs; return information from the Social Security Administration (including wages, net earnings from selfemployment, and retirement income); and return information for unearned income from the IRS. Consent forms expire after a certain time and may authorize the collection of other information to determine eligibility or level of benefits.

Congregate housing. Housing for elderly persons or persons with disabilities that meets the HQS for congregate housing. A special housing type: see 24 CFR 982.606–609.

Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common boundary with the MSA in which the jurisdiction of the initial PHA is located.

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Continuously assisted. An applicant is continuously assisted under the 1937 Act if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program.

Contract authority. The maximum annual payment by HUD to a PHA for a funding increment.

Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or association, and where a member of the corporation or association has the right to reside in a particular apartment, and to participate in management of the housing. A special housing type (see 24 CFR 982.619).

Covered families. Statutory term for families who are required to participate in a welfare agency economic self-sufficiency program and who may be subject to a welfare benefit sanction for noncompliance with this obligation. Includes families who receive welfare assistance or other public assistance under a program for which federal, state, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for the assistance.

Dating violence. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship Dependent. A member of the family (except foster children and foster adults) other than the family head or spouse, who is under 18 years of age, or is a person with a disability, or is a full-time student.

Dependent child. In the context of the student eligibility restrictions, a dependent child of a student enrolled in an institution of higher education. The dependent child must also meet the definition of dependent as specified above.

Disability assistance expenses. Reasonable expenses that are anticipated, during the period for which annual income is computed, for attendant care and auxiliary apparatus for a disabled family member, and that are necessary to enable a family member (including the disabled member) to be employed, provided that the expenses are neither paid to a member of the family nor reimbursed by an outside source.

Disabled family. A family whose head, cohead, spouse, or sole member is a person with disabilities; two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.

Disabled person. See person with disabilities.

Disallowance. Exclusion from annual income.

Displaced family. A family in which each member, or whose sole member, is a person displaced by governmental action, or a person whose dwelling has been extensively damaged or

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destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal disaster relief laws.

Domestic violence. Felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding, and in the case of victim services, includes the user or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who is:
- The current or former spouse or intimate partner of the victim, or person similarly situated to a spouse or intimate partner of the victim
- A person who is cohabitating or has cohabitated with the victim as a spouse or intimate partner
- A person with whom the victim shares a child in common - A person who commits acts against a youth or adult victim who is protected from those acts under the domestic or family violence laws of the jurisdiction Domicile. The legal residence of the household head or spouse as determined in accordance with state and local law.

Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or the possession of a drug with intent to manufacture, sell, distribute, or use the drug.

Economic abuse. Behavior that is coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic resources to which they are entitle, including using coercion, fraud, and manipulation to:
- Restrict a person’s access to money, assets, credit, or financial information - Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage
- Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or to whom one has a fiduciary duty Economic self-sufficiency program. Any program designed to encourage, assist, train or facilitate the economic independence of assisted families, or to provide work for such families. Can include job training, employment counseling, work placement, basic skills training, education, English proficiency, Workfare, financial or household management, apprenticeship, or any other program necessary to ready a participant to work (such as treatment for drug abuse or mental health treatment). Includes any work activities as defined in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).

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Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least 62 years of age; two or more persons who are at least 62 years of age living together; or one or more persons who are at least 62 years of age living with one or more live-in aides.

Elderly person. An individual who is at least 62 years of age.

Eligible family A family that is income eligible and meets the other requirements of the 1937 Act and Part 5 of 24 CFR. See also family.

Employer identification number (EIN). The nine-digit taxpayer identifying number that is assigned to an individual, trust, estate, partnership, association, company, or corporation.

Evidence of citizenship or eligible status. The documents which must be submitted as evidence of citizenship or eligible immigration status. See 24 CFR 5.508(b).

Extremely low-income family. A family whose annual income does not exceed the federal poverty level or 30 percent of the median income for the area, whichever number is higher.

Area median income is determined by HUD, with adjustments for smaller and larger families. HUD may establish income ceilings higher or lower than 30 percent of median income if HUD finds such variations are necessary due to unusually high or low family incomes. See 24 CFR 5.603.

Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock, or other real or personal property or interest in the property.

Fair Housing Act. Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.

Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe, and sanitary rental housing of modest (non-luxury) nature with suitable amenities. See periodic publications in the Federal Register in accordance with 24 CFR Part 888.

Family. Includes but is not limited to the following, regardless of actual or perceived sexual orientation, gender identity, or marital status, and can be further defined in PHA policy. - A family with or without children (the temporary absence of a child from the home due to placement in foster care is not considered in determining family composition and family size)
- An elderly family or a near-elderly family
- A displaced family
- The remaining member of a tenant family
- A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.

Family rent to owner. In the voucher program, the portion of rent to owner paid by the family.

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Family self-sufficiency program (FSS program). The program established by a PHA within its jurisdiction to promote self-sufficiency among participating families, including the coordination of supportive services to these families (24 CFR 984.103).

Family share. The portion of rent and utilities paid by the family. For calculation of family share, see 24 CFR 982.515(a).

Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA under the PHA subsidy standards.

Federal agency. A department of the executive branch of the federal government.

Foster child care payment. A payment to eligible households by state, local, or private agencies appointed by the state to administer payments for the care of foster children.

Full-time student. A person who is attending school or vocational training on a full-time basis (carrying a subject load that is considered full-time for day students under the standards and practices of the educational institution attended). See 24 CFR 5.603.

Funding increment. Each commitment of budget authority by HUD to a PHA under the consolidated annual contributions contract for the PHA program.

Gender identity. Actual or perceived gender-related characteristics.

Gross rent. The sum of the rent to owner plus any utility allowance.

Group home. A dwelling unit that is licensed by a state as a group home for the exclusive residential use of two to twelve persons who are elderly or persons with disabilities (including any live-in aide). (A special housing type: see 24 CFR 982.610–614.) Handicap. Any condition or characteristic that renders a person an individual with handicaps. (See person with disabilities.)
HAP contract. The housing assistance payments contract. A written contract between the PHA and an owner for the purpose of providing housing assistance payments to the owner on behalf of an eligible family.

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

Household. A household includes additional people other than the family who, with the PHA’s permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.

Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A payment to the owner for rent to the owner under the family's lease; and (2) An additional payment to the family if the total assistance payment exceeds the rent to owner.

Housing agency (HA). See public housing agency.

Housing quality standards (HQS). The HUD minimum quality standards for housing assisted under the voucher program.

HUD. The U.S. Department of Housing and Urban Development.

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Human trafficking. A crime involving the exploitation of a person for labor, services, or commercial sex. The Trafficking Victims Protection Act of 2000 and its subsequent reauthorizations recognize and define two primary forms of human trafficking:
- Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age. See 22 U.S.C. § 7102(11)(A).
- Forced labor is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. See 22 U.S.C. § 7102(11)(B).

Imputed asset. An asset disposed of for less than fair market value during the two years preceding examination or reexamination.

Imputed asset income. The PHA-established passbook rate multiplied by the total cash value of assets. The calculation is used when net family assets exceed $5,000.

Imputed welfare income. An amount of annual income that is not actually received by a family as a result of a specified welfare benefit reduction, but is included in the family’s annual income and therefore reflected in the family’s rental contribution.

Income. Income from all sources of each member of the household, as determined in accordance with criteria established by HUD.

Income for eligibility. Annual income.

Income information means information relating to an individual’s income, including:
- All employment income information known to current or previous employers or other income sources
- All information about wages, as defined in the state's unemployment compensation law, including any social security number; name of the employee; quarterly wages of the employee; and the name, full address, telephone number, and, when known, employer identification number of an employer reporting wages under a state unemployment compensation law
- Whether an individual is receiving, has received, or has applied for unemployment compensation, and the amount and the period received
- Unearned IRS income and self-employment, wages, and retirement income - Wage, social security, and supplemental security income data obtained from the Social Security Administration.

Individual with handicaps. See person with disabilities.

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Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.

Initial payment standard. The payment standard at the beginning of the HAP contract term.

Initial rent to owner. The rent to owner at the beginning of the HAP contract term.

Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001 and 1002. See Exhibit 3-2 in this Administrative Plan.

Jurisdiction. The area in which the PHA has authority under state and local law to administer the program.

Landlord. Either the owner of the property or their representative, or the managing agent or their representative, as shall be designated by the owner.

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

Live-in aide. A person who resides with one or more elderly persons, or near-elderly persons, or persons with disabilities, and who:
- Is determined to be essential to the care and well-being of the persons; - Is not obligated for the support of the persons; and
- Would not be living in the unit except to provide the necessary supportive services.

Living/sleeping room. A living room may be used as sleeping (bedroom) space, but no more than two persons may occupy the space. A bedroom or living/sleeping room must have at least one window and two electrical outlets in proper operating condition. See HCV GB p. 10-6 and 24 CFR 982.401.

Local preference. A preference used by the PHA to select among applicant families.

Low-income family. A family whose income does not exceed 80 percent of the median income for the area as determined by HUD with adjustments for smaller or larger families, except that HUD may establish income limits higher or lower than 80 percent for areas with unusually high or low incomes.

Manufactured home. A manufactured structure that is built on a permanent chassis, is designed for use as a principal place of residence, and meets the HQS. (A special housing type: see 24 CFR 982.620 and 982.621.)
Manufactured home space. In manufactured home space rental: A space leased by an owner to a family. A manufactured home owned and occupied by the family is located on the space.

See 24 CFR 982.622 to 982.624.

Medical expenses. Medical expenses, including medical insurance premiums, that are anticipated during the period for which annual income is computed, and that are not

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covered by insurance (a deduction for elderly or disabled families only). These allowances are given when calculating adjusted income for medical expenses in excess of 3 percent of annual income.

Minor. A member of the family household other than the family head or spouse, who is under 18 years of age.

Mixed family. A family whose members include those with citizenship or eligible immigration status, and those without citizenship or eligible immigration status.

Monthly adjusted income. One twelfth of adjusted income.

Monthly income. One twelfth of annual income.

Mutual housing. Included in the definition of cooperative.

National. A person who owes permanent allegiance to the United States, for example, as a result of birth in a United States territory or possession.

Near-elderly family. A family whose head, spouse, or sole member is a person who is at least 50 years of age but below the age of 62; or two or more persons, who are at least 50 years of age but below the age of 62, living together; or one or more persons who are at least 50 years of age but below the age of 62 living with one or more live-in aides.

Net family assets. (1) Net cash value after deducting reasonable costs that would be incurred in disposing of real property, savings, stocks, bonds, and other forms of capital investment, excluding interests in Indian trust land, and excluding equity accounts in HUD homeownership programs. The value of necessary items of personal property such as furniture and automobiles shall be excluded.
- In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income under §5.609.
- In determining net family assets, PHAs or owners, as applicable, shall include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefore. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives important consideration not measurable in dollar terms.

Noncitizen. A person who is neither a citizen nor national of the United States.

Notice of funding availability (NOFA). For budget authority that HUD distributes by competitive process, the Federal Register document that invites applications for funding.

This document explains how to apply for assistance and the criteria for awarding the funding.

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Office of General Counsel (OGC). The General Counsel of HUD.

Overcrowded. A unit that does not meet the following HQS space standards: (1) Provide adequate space and security for the family; and (2) Have at least one bedroom or living/sleeping room for each two persons.

Owner. Any person or entity with the legal right to lease or sublease a unit to a participant.

PHA Plan. The annual plan and the 5-year plan as adopted by the PHA and approved by HUD.

PHA’s quality control sample. An annual sample of files or records drawn in an unbiased manner and reviewed by a PHA supervisor (or by another qualified person other than the person who performed the original work) to determine if the work documented in the files or records conforms to program requirements. For minimum sample size see CFR 985.3.

Participant (participant family). A family that has been admitted to the PHA program and is currently assisted in the program. The family becomes a participant on the effective date of the first HAP contract executed by the PHA for the family (first day of initial lease term).

Payment standard. The maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family).

Person with disabilities. For the purposes of program eligibility. A person who has a disability as defined under the Social Security Act or Developmental Disabilities Care Act, or a person who has a physical or mental impairment expected to be of long and indefinite duration and whose ability to live independently is substantially impeded by that impairment but could be improved by more suitable housing conditions. This includes persons with AIDS or conditions arising from AIDS but excludes persons whose disability is based solely on drug or alcohol dependence. For the purposes of reasonable accommodation. A person with a physical or mental impairment that substantially limits one or more major life activities, a person regarded as having such an impairment, or a person with a record of such an impairment.

Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the jurisdiction of the initial PHA.

Premises. The building or complex in which the dwelling unit is located, including common areas and grounds.

Previously unemployed. With regard to the earned income disallowance, a person with disabilities who has earned, in the 12 months previous to employment, no more than would be received for 10 hours of work per week for 50 weeks at the established minimum wage.

Private space. In shared housing, the portion of a contract unit that is for the exclusive use of an assisted family.

Processing entity. The person or entity that, under any of the programs covered, is responsible for making eligibility and related determinations and any income reexamination. In the HCV program, the “processing entity” is the “responsible entity.”

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Project owner. The person or entity that owns the housing project containing the assisted dwelling unit.

Public assistance. Welfare or other payments to families or individuals, based on need, which are made under programs funded, separately or jointly, by federal, state, or local governments.

Public housing agency (PHA). Any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of these entities, that is authorized to engage or assist in the development or operation of low-income housing under the 1937 Act.

Qualified family (under the earned income disallowance). A family participating in an applicable assisted housing program or receiving HCV assistance:
- Whose annual income increases as a result of employment of a family member who is a person with disabilities and who was previously unemployed for one or more years prior to employment;
- Whose annual income increases as a result of increased earnings by a family member who is a person with disabilities during participation in any economic self-sufficiency or other job training program; or
- Whose annual income increases, as a result of new employment or increased earnings of a family member who is a person with disabilities, during or within six months after receiving assistance, benefits or services under any state program for temporary assistance for needy families funded under Part A of Title IV of the Social Security Act, as determined by the responsible entity in consultation with the local agencies administering temporary assistance for needy families (TANF) and Welfare-to-Work (WTW) programs. The TANF program is not limited to monthly income maintenance, but also includes such benefits and services as one-time payments, wage subsidies and transportation assistance-- provided that the total amount over a six-month period is at least $500.

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

Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in the private unassisted market; and (2) For comparable unassisted units in the premises.

Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or service to allow a person with disabilities to fully access the PHA’s programs or services.

Receiving PHA. In portability: A PHA that receives a family selected for participation in the tenant-based program of another PHA. The receiving PHA issues a voucher and provides program assistance to the family.

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Recertification. Sometimes called reexamination. The process of securing documentation of total family income used to determine the rent the tenant will pay for the next 12 months if there are no additional changes to be reported.

Remaining member of the tenant family. The person left in assisted housing who may or may not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies, leaving widow aged 47 who is not disabled).

Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also known as contract rent). Rent to owner covers payment for any housing services, maintenance, and utilities that the owner is required to provide and pay for.

Residency preference. A PHA preference for admission of families that reside anywhere in a specified area, including families with a member who works or has been hired to work in the area (See residency preference area).

Residency preference area. The specified area where families must reside to qualify for a residency preference.

Responsible entity. For the public housing and the Section 8 tenant-based assistance, projectbased voucher assistance, and moderate rehabilitation programs, the responsible entity means the PHA administering the program under an ACC with HUD. For all other Section 8 programs, the responsible entity means the Section 8 owner.

Secretary. The Secretary of Housing and Urban Development.

Section 8. Section 8 of the United States Housing Act of 1937.

Section 8 covered programs. All HUD programs which assist housing under Section 8 of the 1937 Act, including Section 8 assisted housing for which loans are made under Section 202 of the Housing Act of 1959.

Section 214. Section 214 of the Housing and Community Development Act of 1980, as amended.

Section 214 covered programs. The collective term for the HUD programs to which the restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500.

Security deposit. A dollar amount (maximum set according to the regulations) which can be used for unpaid rent or damages to the owner upon termination of the lease.

Set-up charges. In a manufactured home space rental, charges payable by the family for assembling, skirting, and anchoring the manufactured home.

Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).

Sexual orientation. Homosexuality, heterosexuality, or bisexuality.

Shared housing. A unit occupied by two or more families. The unit consists of both common space for shared use by the occupants of the unit and separate private space for each assisted family. (A special housing type: see 24 CFR 982.615–982.618.)

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Single person. A person living alone or intending to live alone.

Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food preparation facilities, or contains either, but not both, types of facilities. (A special housing type: see 24 CFR 982.602–982.605.)
Small rural public housing agency (PHA). Section 38 defines the term “small public housing agency” as a public housing agency “for which the sum of the number of public housing dwelling units administered by the agency and the number of vouchers under section 8(o) administered by the agency is 550 or fewer” and “that predominantly operates in a rural area, as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations.” After consideration of the public comments discussed above, HUD is interpreting “predominantly operates in a rural area” to mean a small PHA that:
(1) Has a primary administrative building with a physical address in a rural area as described in 12 CFR 1026.35(b)(2)(iv)(A); or
(2) more than 50 percent of its combined public housing units and voucher units under section 8(o) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also clarifies that voucher units under section 8(o) include those in the tenant-based Housing Choice Voucher (HCV) program and the Project-Based Voucher (PBV) program.

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

Special admission. Admission of an applicant that is not on the PHA waiting list or without considering the applicant’s waiting list position.

Special housing types. See subpart M of part 982. Subpart M states the special regulatory requirements for: SRO housing, congregate housing, group homes, shared housing, cooperatives (including mutual housing), and manufactured homes (including manufactured home space rental).

Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family) that may not result in a reduction of the family rental contribution. A reduction of welfare benefits because of fraud in connection with the welfare program, or because of welfare sanction due to noncompliance with a welfare agency requirement to participate in an economic self-sufficiency program.

Spouse. The marriage partner of the head of household.

Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate another person; and in the course of, or as a result of, such following, pursuit, surveillance, or repeatedly committed acts, to place a person in reasonable fear of the death of, or serious bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of the immediate family of that person, or (3) the spouse or intimate partner of that person.

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State wage information collection agency (SWICA). The state agency, including any Indian tribal agency, receiving quarterly wage reports from employers in the state, or an alternative system that has been determined by the Secretary of Labor to be as effective and timely in providing employment-related income and eligibility information.

Subsidy standards. Standards established by a PHA to determine the appropriate number of bedrooms and amount of subsidy for families of different sizes and compositions.

Suspension. The term on the family’s voucher stops from the date the family submits a request for PHA approval of the tenancy, until the date the PHA notifies the family in writing whether the request has been approved or denied. This practice is also called tolling.

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

Technological abuse. An act or pattern of behavior that occurs within domestic violence, dating violence, sexual assault, or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor another person, except as otherwise permitted by law, that occurs using any form of technology, including but not limited to:
- Internet enabled devices
- Online spaces and platforms
- Computers
- Mobile devices
- Cameras and imaging programs
- Apps
- Location tracking devices
- Communication technologies
- Any other emergency technologies
Tenancy addendum. For the housing choice voucher program, the lease language required by HUD in the lease between the tenant and the owner.

Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the dwelling unit.

Tenant rent to owner. See family rent to owner.

Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit.

Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay toward rent and utilities.

Unit. Residential space for the private use of a family. The size of a unit is based on the number of bedrooms contained within the unit and generally ranges from zero (0) bedrooms to six (6) bedrooms.

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Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and sewage services. Telephone service is not included.

Utility allowance. If the cost of utilities (except telephone) and other housing services for an assisted unit is not included in the tenant rent but is the responsibility of the family occupying the unit, an amount equal to the estimate made or approved by a PHA or HUD of the monthly cost of a reasonable consumption of such utilities and other services for the unit by an energy-conservative household of modest circumstances consistent with the requirements of a safe, sanitary, and healthful living environment.

Utility reimbursement. In the voucher program, the portion of the housing assistance payment which exceeds the amount of rent to owner.

Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.

Very low-income family. A low-income family whose annual income does not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. This is the income limit for the housing choice voucher program.

Veteran. A person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released therefrom under conditions other than dishonorable.

Violence Against Women Act (VAWA). Prohibits denying admission to the program to an otherwise qualified applicant or terminating assistance on the basis that the applicant or program participant is or has been a victim of domestic violence, dating violence, sexual assault, stalking, or human trafficking.

Violent criminal activity. Any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.

Voucher (housing choice voucher). A document issued by a PHA to a family selected for admission to the housing choice voucher program. This document describes the program and the procedures for PHA approval of a unit selected by the family. The voucher also states obligations of the family under the program.

Voucher holder. A family holding a voucher with an unexpired term (search time).

Voucher program. The housing choice voucher program.

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Waiting list. A list of families organized according to HUD regulations and PHA policy who are waiting for a unit to become available.

Waiting list admission. An admission from the PHA waiting list.

Welfare assistance. Income assistance from federal or state welfare programs, including assistance provided under TANF and general assistance. Does not include assistance directed solely to meeting housing expenses, nor programs that provide health care, child care or other services for working families. For the FSS program (24 CFR 984.103), welfare assistance includes only cash maintenance payments designed to meet a family’s ongoing basic needs. Does not include nonrecurring short term benefits designed to address individual crisis situations, work subsidies, supportive services such as child care and transportation provided to families who are employed, refundable earned income tax credits, contributions to and distributions from Individual Development Accounts under TANF, services such as counseling, case management, peer support, child care information and referral, financial empowerment, transitional services, job retention, job advancement, and other employment-related services that to not provide basic income support, amounts solely directed to meeting housing expenses, amounts for health care, Supplemental Nutrition Assistance Program (SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and child-only or non-needy TANF grants made to or on behalf of a dependent child solely on the basis of the child’s need and not the need of the child’s current non-parental caretaker.

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Packet Pg. 1443 Attachment: Draft Administrative Plan Fiscal Year 2024-25 [Revision 1] (6209 : SM Housing Auth Annual Plan) Summary of the Proposed Discretionary Policy Changes to thePublic Housing Authority (PHA) Plan (Annual Plan)
for Fiscal Years 2024-2025
The Annual Plan provides updates for the five-year goals, major program policies, and financial resources for both the Santa Monica Housing Authority (SMHA) rental assistance programs and City initiatives. Additionally, the Annual Plan updates information on housing needs, housing strategies, and other City program information.

This attachment includes the following sections:
• Proposed Discretionary Policy Changes
• Proposed Discretionary Policy Changes resulting from the implementation of The Housing Opportunity through Modernization Act of 2016 (HOTMA)
• Proposed Discretionary Policy Changes for the Proposed Chapter 21 of Administrative Plan-Special Purpose Vouchers • Notice to adopt HUD-required NSPIRE inspection protocols Annual Plan Timeline
• The SMHA must provide a proposed PHA Plan for public review and comment for 45 days: January 22, 2024, through March 7, 2024
• Public comments are received, memorialized, and considered in developing the Annual Plan • Public hearing during the Housing Commission meeting on February 1, 2024 • Housing Authority Board consideration and approval on April 9, 2024 • Annual Plan submission due to HUD by April 17, 2024
• HUD approval 75 days after submission
• Annual/Administrative Plan becomes effective July 1, 2024 • NSPIRE Inspection standards effective October 1, 2024 • HOTMA Compliance by no later than January 1, 2025
The Administrative Plan includes language changes that are statutory, regulatory, and/or that clarify existing policy. Additionally, the SMHA is providing the last Annual update to the Agency Plan for FY 2020-2024 and proposing the following discretionary changes to the proposed Administrative Plan for Fiscal Year (FY) 2024-2025.

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Packet Pg. 1444 Attachment: Summary of Proposed Changes Fiscal Year 2024-25 [Revision 2] (6209 : SM Housing Auth

Proposed Discretionary Policy Changes
Section
Page # Proposed Policy Explanation
2-I.C.

P. 2-5 Complaints under
the Equal Access Final
Rule [Notice PIH 2014-
20]
PHA Policy
Applicants or tenant families who believe that they have been subject to unlawful discrimination based on marital status, gender identity, or sexual orientation under the Equal Access Rule may notify the PHA either orally or in writing. Exceptions to allow oral complaints will be made for reasonable accommodation.

The PHA will attempt to remedy discrimination
complaints made against the PHA and will investigate all allegations of discrimination.

The PHA will provide a copy of a discrimination complaint form to the complainant and provide them with
information on how to complete and submit the form to
HUD’s Office of Fair Housing and Equal Opportunity
(FHEO).

Within 10 business days following the conclusion of the PHA’s investigation, the PHA will provide the
complainant and those alleged to have violated the rule with findings and either a proposed corrective action
plan or an explanation of why corrective action is not
warranted.

The PHA will keep a record of all complaints,
investigations, notices, and corrective actions. (See
Chapter 16.)
The policy has been included to clearly
define the PHA’s policy for complaints
under the Equal Access Final Rule.

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Proposed Discretionary Policy Changes
Section
Page # Proposed Policy Explanation
2-I.C.

P. 2-5 VAWA Complaint
Processing [Notice FHEO
2023-01]
PHA Policy
Applicants or tenant families who wish to file a VAWA
complaint against the PHA may notify the PHA either
orally or in writing. Exceptions to allow oral complaints will be made for reasonable accommodation.

The PHA will advise the family of their right to file a VAWA complaint with HUD’s Office of Fair Housing and
Equal Opportunity (FHEO).

The PHA will attempt to remedy complaints made against
the PHA and will investigate all allegations of
discrimination.

The PHA will keep a record of all complaints,
investigations, notices, and corrective actions. (See
Chapter 16.)
The policy has been included to clearly
define the PHA’s policy and procedures
for applicant complaints against the PHA
regarding the Violence Against Women
Act (VAWA).
2-II.C.

P. 2-8 REQUEST FOR AN

ACCOMMODATION
PHA Policy
The PHA will encourage the family to make its request in writing using a reasonable accommodation request form.

However, the PHA will consider the accommodation any
time the family indicates that an accommodation is
needed, whether or not a formal written request is
submitted.

Reasonable accommodation requests may be submitted
to:
• Housing Specialist
• Reasonable accommodation mailbox
• City’s ADA Coordinator
• Housing Authority Staff
The policy has been clarified to reflect
that all Housing Authority staff are points
of contact for the Reasonable
Accommodation process.

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Proposed Discretionary Policy Changes
Section
Page #
Proposed Policy Explanation
3-I.K.

P. 3-8 FOSTER CHILDREN
AND FOSTER ADULTS [24
CFR 5.603]
PHA Policy
A foster child is a child that is in the legal guardianship or custody of a state, county, or private adoption or foster care agency, yet is cared for by foster parents in their own homes, under a foster care arrangement with the
custodial agency.

If a foster child is residing in the unit and their
presence would violate HQS standards, the PHA may
increase the voucher size to accommodate the
additional household member.

The policy has been amended to allow the
PHA more flexibility in accommodating
the additions of foster adults/children to
the household.

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Proposed Discretionary Policy Changes
Section
Page #
Proposed Policy Explanation
3-I.M.

P. 3-11 Live-In Aide
A PHA may only approve one additional bedroom for a
live-in aide. Although a live-in aide may have PHAapproved family member/s live with him/her in the assisted unit, no additional bedrooms will be provided
for the family members of the live-in aide. The PHA
must ensure that housing quality standards (HQS) will
not be violated and that there will be no more than two people per bedroom or living/sleeping space in the unit in accordance with 24 CFR §982.401(d)(2)(ii). If the
approval of additional family members of a live-in aide would result in the violation of HQS, the additional
family members of the live-in aide may not be approved.

PHA Policy
A head of household’s request for a live-in aide must be made in writing using a live-in aide request form.

Written verification will be required from a
knowledgeable professional, such as a doctor, social
worker, or case worker, that a live-in aide is necessary for the care and well being of the elderly or disabled
family member. For continued approval, the family may
be required to submit a new, written request-subject to PHA verification-at each annual reexamination, and the
live-in aide must participate in the annual
reexamination appointment.

In addition, the family and live-in aide will be required to complete a Live-In Aide Agreement certification form stating that the live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2)
would not be living in the unit except to provide the
necessary supportive services.

The Policy has been amended to allow
Live-In Aides one (1) additional bedroom
from the original voucher size to support
the voucher family. Additionally,
language has been amended to allow for
flexibility during the Reasonable
Accommodation process that allows for a
Live-In -Aide.

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Proposed Discretionary Policy Changes
Section
Page #
Proposed Policy Explanation
3-III.C.

P. 3-31 RESTRICTION ON

ASSISTANCE BASED ON
ASSETS [24 CFR 5.618]
PHA Policy
The PHA defines not sufficient for the size of the family as being overcrowded based on the PHA’s subsidy
standards in Chapter 5 of this Administrative Plan.

The PHA may decline to enforce the asset limitation
when recertifying the income of a family if the asset
limitation is exceeded due to a traceable settlement of a legal claim. The PHA may also make an exception to the
asset limitation on a case-by-case basis, considering the following factors: age, disability, income, the ability of the family to find suitable alternative housing, and
whether supportive services are being provided, subject to applicable fair housing requirements.

Assistance may not be provided to any
family if the family has a present
ownership interest in, a legal right to
reside in, and the effective legal authority
to sell real property that is suitable for
occupancy by the family as a residence.

This policy clarifies what is not sufficient
for the size or suitable for occupancy.
4-III.E.

P. 4-15 THE APPLICATION

INTERVIEW
Households selected from the waitlist are required to
participate in an eligibility interview.

All adult household members will be strongly
encouraged to attend the interview together. However,
either the head of household or the spouse/cohead may
attend the interview on behalf of the family. Additionally, the PHA reserves the right to require any or all adult
household members to attend the interview if it is
necessary to make an eligibility determination.

The policy has been amended to be more
flexible during the eligibility interview to
accommodate the unique situations of
families. All adult members will no longer
be required to participate in the eligibility
review unless determined necessary by
the PHA.

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