Currently, staff have informally observed approximately 130 known or suspected vacant or substantially vacant properties in the City. For purposes of surveying the city, properties were considered substantially vacant if it is believed that fewer than half of the units in the building were occupied. The volume of complaints concerning vacant properties has also consistently increased, with 11 received in 2021, 31 received in 2022, and 37 received in the first half of 2023.
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Vacant properties can have an extremely detrimental impact on a neighborhood and the broader community. They pose significant costs to public health, property values, local taxpayers, and more. Failure to address problem properties costs more in the long run and causes more harm over time. Vacant and abandoned properties have negative spillover effects that impact neighboring properties and, when concentrated, entire communities and even cities. Research links foreclosed, vacant, and abandoned properties with reduced property values, increased crime, increased risk to public health and welfare, and increased costs for municipal governments. Impacts can include:
• Emotional wellbeing1: Visual evidence of vacancy and neighborhood disinvestment—such as boarded up properties, trash and dumping, and overgrown weeds—has been shown to harm the mental health of neighbors, putting them at greater risk of sadness, depression, stress, and elevated rates of intentional injury.
• Violence and crime2: Studies have shown that violent crime, including assaults and gun-related crimes, increase in disinvested neighborhoods with vacant and abandoned properties.
• Property equity3: Research has consistently shown that vacant, abandoned, and deteriorated properties reduce the value of surrounding properties, leading to decreases in owners’ equity and personal wealth.
• Municipal revenue4: Property taxes are often one of the largest sources of revenue for local governments. Research has shown vacant and abandoned properties lead to a decrease in taxable values of surrounding properties and increase the likelihood of mortgage and tax foreclosures nearby creating a harmful domino effect that creates revenue challenges for local governments. 1 Burt, Cassidy J., Michelle C. Kondo, Bernadette C. Hohl, Catherine H. Gong, Gregory Bushman, Caroline Wixom, Eugenia C. South, et al. “Community Greening, Fear of Crime, and Mental Health Outcomes.” American Journal of Community Psychology 69, no. 1-2 (2021): 46–58. https://doi.org/10.1002/ajcp.12544.
2 https://repository.upenn.edu/server/api/core/bitstreams/f2882488-9d59-4553-8202- 0e43557da55e/content
3 Whitaker, Stephan D., and Thomas J. Fitzpatrick IV. 2011. “The Impact of Vacant, Tax-Delinquent, and Foreclosed Property on Sales Prices of Neighboring Homes.” Federal Reserve Bank of Cleveland, Working Paper No. 11-23. https://doi.org/10.26509/frbc-wp-201123 4 https://communityprogress.org/wp-content/uploads/2021/08/2017-03-The-Cost-of-Vacant-and-BlightedProperties-in-Pittsburgh-2-TA-Report.pdf
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• Maintenance and abatement costs5: Local governments incur the costs of remedying nuisances and unsafe conditions, including boarding and securing structures, cutting grass, removing trash and debris, and demolishing unsafe structures.
• Public safety costs6: Higher violent and property crime rates and the associated costs to dispatch police and fire services to respond to these crimes are commonly associated with vacant and abandoned properties.
Below are two maps with the locations of known or suspected vacant properties overlaying the density of calls for service to the Santa Monica Police and Fire Departments. There appears to be a strong correlation between locations of vacant properties and the number of calls for police services placed between January and November 2022. There does not appear to be as strong of a correlation between vacant properties and calls for service to the Fire Department during this same time frame. 5 https://communityprogress.org/wp-content/uploads/2021/08/2016-06-A-Conservative-Analysis-of-CostsImposed-by-Vacant-and-Blighted-Properties-in-Toledo-TASP-Report.pdf 6 https://files.hudexchange.info/resources/documents/VacantPropertiesTrueCosttoCommunities.pdf
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Police Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)
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Fire Calls for Service (January – November 2022) Compared to Properties Identified as Potentially Vacant (November 2022)
While the County does address habitability-related property maintenance concerns, they do not engage in the City’s Tenant Relocation Program. This requires staff to perform inspections of properties, make habitability determinations, and begin the relocation process when appropriate. These tasks are very time consuming and resource intensive. Currently, the Code Enforcement division is understaffed, with three field staff positions currently vacant. Once fully staffed, the Division will still have fewer positions than before the pandemic. The Division is also tasked with enforcement programs that did not exist pre-pandemic, further straining the ability of the Division to efficiently respond to community concerns.
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Despite the likelihood that the Division’s workload will increase due to the proposed changes to the Code, staff believes that these changes are vital. Ensuring properties are clean and well-maintained are in line with the Clean and Safe Santa Monica council priority. Additionally, the proposed changes will enable the City to better protect and preserve the City’s housing stock and increase the overall quality of life leading to greater sustainability for all Santa Monicans.
Past Council Actions
In May 2016, the City Council directed staff to begin researching methods to regulate vacant properties in the City. On November 1, 2016, a City Council Vacant Property Study Session was held. Staff returned to the March 7, 2017 City Council meeting with an amendment that added basic security requirements for vacant properties to Chapter
8.96. Additionally, language was adopted which created some broad maintenance standards for all properties in the City as well as made it a public nuisance for buildings to be left in a state of incomplete construction or remain damaged for a period of six months or more. These standards went into effect in May 2017.
Meeting Date Description
May 10, 2016
(attachment A)
13.B Request of Mayor Vazquez and Councilmember
Himmelrich that staff return with proposals for regulation of vacant buildings in Santa Monica, including proposals for registering vacant building, regulating the maintenance of vacant building, and requiring that the owner of building with a valid permit for rehabilitation, repair, or construction of a building complete the rehabilitation, repair, or construction within eighteen months or a specified time certain from the date the permit was issued. Attached is the San Francisco Building Code amendment as an example of desirable amendments and
additions
November 1, 2016
(attachment B)
Vacant Property Study Session
March 7, 2017
(attachment C)
Property Maintenance Ordinance Amendments
March 28, 2017
(attachment D)
Second Reading and Adoption of Ordinance Amending Chapter
8.96 of the Santa Monica Municipal Code to Enhance Public Nuisance Regulations
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Discussion
The Santa Monica Municipal Code has several basic property maintenance provisions, but they are found throughout the Code, and not centralized in one specific code section. This makes it difficult for any person to look up and find the standards for maintenance of a property. Chapter 8.96 (Abatement of Nuisances) primarily focuses on behaviors and conditions which constitute a public nuisance. The regulations tend to be very broad and cover conditions which are imminent threats to the health, safety, or well-being of a community. The applicable standards set in Chapter 8.96 focus on conditions where a property has already substantially deteriorated and do not help address the prevention of deterioration. Article 9, the Zoning Code, also has several requirements regarding the ongoing maintenance and upkeep of exterior areas of properties, such as landscaping, which affect the aesthetic appeal of a property.
Chapter 13.02 (Property Maintenance) and Chapter 13.04 (Vacant Properties) set clear standards which help prevent the deterioration of properties, and protecting the health, safety, and welfare of the entire community.
Property Maintenance: Many of the existing property maintenance provisions are found in Chapter 8.96, Abatement of Nuisances, but they are interspersed with other nonproperty maintenance related nuisances.
The proposed amendment removes these provisions from Chapter 8.96 and consolidates them into new Chapter 13.02 that is solely focused on property maintenance issues. Additionally, the new Chapter expands upon and adds new maintenance standards that are more specific and identifiable than what is currently found in the municipal code. References to other applicable municipal code sections are included in the proposed ordinance. While existing code provision primarily focus on issues visible from the exterior of a building, the proposed changes also provide more in-depth protection for the interior of structures, thus better protecting the habitability and safety of residents. A brief overview of the proposed Property Maintenance provisions is below:
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Violations Designated (13.02.060)
This section identifies specific conditions that would be violations of the property maintenance provisions. These include:
• Attractive nuisances
• Deteriorating and defective structures
• Rodent, insect, pest infestation
• Fire hazard
• Hazardous and unsanitary conditions, including mold and mold-like substances • Improper parking or storage of goods, equipment, and vehicles • Inadequate or deficient mechanical equipment, plumbing, electrical, • Inadequate sanitation and ventilation
• Non-maintenance of landscape and hardscape
• Overgrown, dying or dead vegetation
• Polluted water
• Refuse and waste
• Structural hazards
• Substandard housing conditions
• Clarification of when the city may deem a dwelling unit uninhabitable Violations and Penalties (13.02.080)
This section clarifies that violations of Chapter 13.02 are subject to administrative citations, in addition to any other remedy allowed by law.
Environmental Testing, Remediation, and Reporting (13.02.090) This section allows the Building Officer or Code Enforcement Manager to require environmental testing to be performed by a licensed professional before and/or after repairs have been made for issues such as mold and excessive moisture. This testing is to be performed at the sole expense of the responsible party. This is similar to language found in SMMC Section 8.08.030.k, which permits the Building Officer to require testing of materials or methods of construction to determine compliance with the intent of the
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Code. Authority to require environmental testing will enable the City to better ensure that the required repairs were performed correctly and thoroughly.
Vacant properties: The proposed vacant property standards hold vacant properties to the same basic maintenance standards as any other property in the city but adds additional security requirements that will help ensure the safety and welfare of the community. The proposed Vacant Properties chapter places more onerous regulations on owners of vacant properties with the goal of encouraging owners to keep them occupied or proceed with construction in a timely manner, thus keeping them from becoming vacant in the first place. A summary of the proposed language is below:
Applicability (13.04.020)
This section clarifies that Chapter 13.04 applies to all vacant properties in the City, irrespective of the zoning designation. Properties that are offered for sale or rent are not subject to the vacant property requirements provided they are maintained in strict compliance with Chapter 13.02, Property Maintenance.
Definitions (13.04.030)
This section provides definitions for specialized terms that are used throughout the rest of the chapter.
• Vacant Properties are now defined as any property that is unoccupied for more than 90 days or where construction has substantially ceased for 90 days or more.
Properties where fewer than 35% of the units are occupied are considered to be substantially vacant and are subject to the provisions of the proposed ordinance.
General Vacant Property Standards (13.04.040)
This section establishes the requirements that are applicable to all vacant properties in the City of Santa Monica and requires all vacant properties to be maintained in conformance with the property maintenance standards found in the proposed Chapter
13.02 (Property Maintenance)
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General Maintenance Requirements – All vacant properties will be required to adhere to certain maintenance standards including:
• Weeds, trash and debris must be removed, and landscaping must be maintained. • Groundcover, hardscape, and/or softscape must be installed and maintained. o Any hedges or bushes must be trimmed to no higher than 42” to allow for a clear view to the interior of the property or in compliance with provisions of SMMC 9.21.050 Fences, Walls and Hedges.
• Pest and rodent infestations must be promptly abated. • Curtains, blinds, or other window treatments must be removed from ground floor windows to allow a clear view to the interior of any structures. This allows law enforcement personnel to quickly see what type of activity may be taking place inside of a vacant structure.
• All furniture or personal property must be removed from the interior of any structure. If law enforcement personnel inspect a vacant property, look through the windows, and see personal items or furniture, they will have reason to believe that the property is being accessed by transients.
General Security Requirements - All vacant properties will be subject to certain security requirements, including:
• Installation of Fencing – If the Director of Community Development determines it to be necessary, vacant properties can be required to be enclosed with a fence that is six-feet tall and non-view obscuring. This requirement would only affect those properties that pose ongoing threats to the health, safety, and welfare of the broader neighborhood. Well-maintained properties that are not sources of problems to the community would not be required to be fenced. The required fences can be made of wood, wrought iron, or other approved material.
Temporary chain-link fences that are easily removeable and are often set into footings that are placed on the ground, rather than having the posts securely sunk into the ground are not permitted under the proposed language.
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• Securing doors and windows of vacant properties with clear polycarbonate material (clearboarding) on sides facing streets and alleys. Plywood is permitted to be used on all other sides.
• A combination lock must be installed on all gates or entrances. The current combination would need to be on file with the Police Department as part of the current, valid Trespass Arrest Authorization form.
• No Trespassing Signs – Signs shall be posted so as to be visible from all public rights-of-way.
• Trespass Arrest Authorization – A current Trespass Arrest Authorization form is required to be on file with the Santa Monica Police Department during the entire period of vacancy.
• Motion-Activated lighting must be installed and maintained at all entrances and exits from dusk until dawn.
• Documentation of security measures – The owner must provide written documentation of all security measures taken, including alarms, cameras, roaming or on-site security. The Director is granted the authority to modify the security requirements based on the particular facts of each property. • All non-occupied units in a multi-family building must be secured against entry by non-authorized persons.
Violations and Penalties (13.04.050)
This section specifies that vacant property violations are subject to administrative citations as well as the Nuisance Abatement provisions found in Chapter 13.06.
Community Safety and Protection (13.04.060)
This section provides flexibility for property owners to request that the City waive certain requirements for warranted situations. Waivers for any or all of the vacant property standards may be requested by submitting a form to the Director, who can approve the request if it is determined that approving the request would not result in harm to the surrounding community.
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Abatement of Nuisances: Chapter 13.06 contains existing language currently residing in Chapter 8.96 of the Code, except for those provisions that are recommended to be included in Chapter 13.02. Staff recommends moving this language from 8.96 to 13.06 to better organize the Code. Staff believe that these provisions are better suited for new Article 13, Neighborhood Preservation, than in Article 8, Buildings, where they are currently found. Many of the violations in this chapter involve issues that are outside of the Building Code, thus warranting relocation.
Future Actions
In previous City Council meetings, staff was given direction to create a vacant property registration program. The current proposed ordinance does not include this, but it is an idea that staff believes is worth revisiting. Vacant property registration programs became much more commonplace during and immediately after the foreclosure crisis of the mid- to late-2000s. Since 2016, there has been a 400+% increase in the number of known or suspected vacant properties in Santa Monica. These properties are found in residential, commercial and industrial areas. The lack of ongoing and sustained maintenance requires a systematic program be put in place to ensure these properties do not remain or become a blight on the community.
The currently proposed amendments establish basic standards for which all properties can be held accountable to. However, even with the implementation of the changes proposed in this report, it requires heavy investment of time and effort by staff of Code Enforcement, Police, and Fire. A vacant property registration program will allow staff to establish fees for vacant properties that will enable the City to recover costs associated with the ongoing monitoring of these properties to ensure properties meet the minimum established standards. Staff asks that the City Council provide direction to return at a future date with a proposed vacant property registration program which includes fees for cost recovery purposes.
Environmental Review
The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 (Actions by Regulatory Agencies for
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Protection of the Environment) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”.
The proposed Ordinance creates new property maintenance requirements and establishes maintenance and security standards for existing vacant properties, enabling Code Enforcement staff to better respond to the needs of the community and improve the look and safety of the environment. Therefore, the Ordinance is exempt from CEQA pursuant to Section 15308 and Section 15061(b)(3) of the CEQA Guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code. Staff will return to Council if specific budget actions are required in the future. The recommended actions do include changes to the Master Fine Schedule. Violations of the property maintenance and vacant properties chapters would be added to the administrative citation fine schedule. Violations of the property maintenance provisions may result in fines ranging from $500 to $2,000. Vacant property and public nuisance violations can result in fines ranging from $1,000 to $5,000. The fines for violation of Chapter 8.96 will likely be removed from the fine schedule as that chapter would be removed from the Code.
Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
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Attachments:
A. Ord-CDD-Property Maintenance and Vacant Properties 082223 B. Reso-CDD-Revised Admin Fines Property Maintenance +Vacant Properties C. Exhibit 2 - Taxicab
D. Exhibit 3 - Parking Citation
E. Exhibit 4 - False Alarm Fines
F. Exhibit 5 - Library Fines
G. Revisions to Fine Schedule
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Packet Pg. 313 Attachment: Attachment B - August 23, 2023 City Council Staff Report [Revision 1] (6918 : Ordinance Updating Public Nuisance Abatement City Council
Report
City Council Meeting: March 7, 2017
Agenda Item: 7.B
1 of 6
To: Mayor and City Council
From: David Martin, Director, Code Enforcement
Subject: Property Maintenance Ordinance Amendments
Recommended Action
Staff recommends that the City Council introduce and approve on first reading the Property Maintenance Ordinance amending Chapter 8.96 of the Santa Monica Municipal Code to include additional requirements.
Executive Summary
At its November 1, 2016 meeting, Council directed staff to return with an ordinance to amend SMMC Chapter 8.96 of the Santa Monica Municipal Code (SMMC), Abatement of Nuisances to include additional requirements related to vacant buildings, including but not limited to buildings left vacant and buildings left in a state of partial construction for an unreasonable period of time.
In the proposed ordinance, staff has also included additional updates to the code to address buildings left in a state of partial construction, and certain other conditions that are related to the maintenance of both unoccupied and occupied properties to provide Code Enforcement staff with a mechanism to enforce other hazardous or unsafe conditions and conditions that routinely contribute to blight in the community. The proposed ordinance also provides cleanup of Chapter 8.96 to conform the code to practice, such as eliminating the long abandoned City Nuisance Abatement Board.
Background
At its May 10, 2016 meeting (Attachment A), Council directed staff to review the Vacant Property Registries of other cities with the purpose of determining whether or not such a registry would be appropriate for addressing the issue of properties in Santa Monica that remain vacant for unreasonable periods of time. Council asked staff to return with a recommendation that included alternative solutions for regulating vacant properties in Santa Monica.
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To accomplish this, Code Enforcement staff reviewed Vacant Property Registries and Property Maintenance Ordinances in several California cities. The majority of cities that adopted Vacant Property Registries did so during the housing crisis of 2008-09. Staff found that the majority of those cities no longer enforce the registries and the number of properties on some registries is significantly lower since the recovery of the housing market. Many have instead adopted more comprehensive property maintenance standards that encompass a wide range of issues pertaining to vacant and occupied properties and their associated nuisance violations.
Staff also conducted a field assessment of known vacant properties located within Santa Monica city limits, and a review of the complaints received by the Division associated with vacant properties. At the time of the assessment, there were 29 vacant properties in the city known to staff, and staff received 23 complaints related to nuisance conditions on 12 vacant properties over the previous twelve-month period.
Complaints related to vacant properties typically allege a particular nuisance condition, such as overgrown vegetation, litter, debris or trespassing. To address these concerns, Code Enforcement staff has used existing local and state laws to compel compliance with applicable codes. Staff has faced some challenges addressing some common nuisance conditions on vacant and occupied properties where enforcement authority is limited. Additionally, existing law does not allow staff to address complaints about properties that have remained vacant for prolonged periods of time, in some cases many years, due to incomplete construction.
At its November 1, 2016 meeting, Council reviewed and discussed staff’s findings and directed staff to return with a proposed Property Maintenance Ordinance, amending SMMC 8.96 - Abatement of Nuisances to include additional requirements, including new regulations on buildings or structures that are in a state of incomplete construction for an unreasonable period of time.
Discussion
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Code Enforcement staff periodically receives complaints about properties that have remained vacant for prolonged periods of time. These complaints typically specify nuisances that are occurring on the vacant property, such as overgrown vegetation, trash, debris, or unsecured entryways that invite trespassers. Existing state and local law allows Code Enforcement staff to take enforcement action to remedy these types of nuisance violations.
Local law does not, and likely could not, deem a vacant property to be illegal simply because of its vacant status. Unoccupied properties with active construction are also not a violation of local law, even if the construction project leaves buildings in a state of partial construction for an extended period of time, if there are no nuisance, safety, or other code violations present. Although staff does not typically receive complaints from the public regarding buildings merely being vacant, citizens have expressed concern about some construction projects that have been delayed and/or abandoned, leaving buildings vacant and unfinished for many years.
Staff has identified additional conditions that are routinely associated with vacant properties but can also be found on properties that are occupied. Where these conditions exist on occupied properties, these properties, due to the lack of regular and routine maintenance, can appear to be vacant and abandoned.
In order to ensure that Code Enforcement staff has the means to address citizen concerns about delayed or abandoned construction projects and address other nuisance conditions, staff recommends that Council adopt the proposed Property Maintenance Ordinance, amending SMMC 8.96 - Abatement of Nuisances to include additional violations. In addition to Council direction, staff has included recommended changes that allow staff to address other nuisance conditions to preserve the visual integrity of the city and to eliminate blight.
Property Maintenance Ordinance
Staff recommends that Council approve the attached Property Maintenance Ordinance
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(Attachment B), which amends SMMC 8.96 - Abatement of Nuisances. The proposed ordinance would expand the types and scope of nuisance conditions deemed to be a violation, which would include violations for which Code Enforcement staff are currently not authorized to take enforcement action, including:
Any building or structure left in a state of incomplete construction, partial demolition, or left damaged by vandalism, fire, earthquake or other similar acts, for a period of 6 consecutive months, excluding such time when work is in progress pursuant to a valid building or other construction permit.
The proposed ordinance would make unlawful any building that is left in a state of unfinished construction for a period of 6 consecutive months, unless work is in progress pursuant to a valid building or other construction permit. This new provision would allow staff to compel an owner of a vacant building to resume abandoned/significantly delayed construction activity within a reasonable period of time.
To ensure that the proposed Property Maintenance Ordinance encompasses the most common conditions related to property maintenance of unoccupied and occupied buildings, including hazardous or unsafe conditions, and conditions of blight, the proposed ordinance would add the following nuisance violations:
Graffiti on the exterior of any building, structure or fence that is visible from the public right-of-way.
Any driveway on private property that is damaged in such a way as to be hazardous to persons using said driveway.
Any structure that is in a state of substantial deterioration which is visible from the public right-of-way.
Any dead, decayed, diseased or hazardous tree on private property that presents a danger to public safety.
Overgrown vegetation such that:
a) Plant material harbors the presence of rats or vermin; b) Plant material overhangs or grows onto or into any public property, including, but not limited to, any public alley, highway, land, sidewalk, street or other right-of-way, so as to cause an obstruction to any person or vehicle using such public property; or c) Plant material constitutes an attractive nuisance, a fire hazard, or otherwise
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create a danger to public health or safety.
Failure to secure all doorways, windows or other openings into a vacant structure, or provide fencing for the entire parcel containing the vacant structure, when required by the City, to prevent unauthorized persons from gaining access.
Parking of vehicles, vessels, or similar mobile equipment on the grass, dirt, or other landscaped areas surrounding a residential property.
Repair and/or disassembling any vehicle or vessel in a residential zone and on residential property, where such activity is visible from the public right-of-way except:
(a) Minor repair and service, performed on motor vehicles owned by and registered to the occupants of the dwelling, performed on a driveway, in a carport, or other legally paved surface on private property;
(b) The work does not involve repetitive testing of an engine; (c) No more than one (1) motor vehicle, as viewed from the public right-of-way, is being worked on at any point in time; and
(d) The work complies with the City’s Noise Ordinance.
To aid in the understanding of these violations, staff proposes adding definitions of abandoned structure, attractive nuisance, graffiti, minor repair and service, and substantial deterioration.
Lastly, the proposed ordinance also provides cleanup of Chapter 8.96 to conform the code to practice, such as eliminating the long abandoned City Nuisance Abatement Board. The Board and related code provisions have been abandoned for quite some time, as its makeup and process were called into question by subsequent judicial decisions relating to constitutional due process. The Council later addressed these questions by creating a staff of City Hearing Officers to review appeals of staff enforcement actions. The proposed ordinance continues this, now longstanding, practice, whereby staff enforcement actions relating to public nuisances would be subject to review by independent City Hearing Officers.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
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recommended action.
Prepared By: Denise Smith, Administrative Analyst
Approved Forwarded to Council
Attachments:
A. Vacant Property Study Session Nov 1 2016 Staff Report B. Property Maintenance Ordinance
C. Powerpoint Presentation
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Report
City Council Meeting: November 1, 2016
Agenda Item: 4.A
1 of 17
To: Mayor and City Council
From: David Martin, Director, Planning and Community Development, Code Enforcement
Subject: Vacant Property Study Session
Recommended Action
Staff recommends that the City Council:
1. Review options available to City Staff;
2. Provide policy guidance on the code modifications; and
3. Direct staff to proceed with modifications to existing code.
Executive Summary
At its May 10, 2016 meeting, Council requested that staff return with proposals for the regulation of vacant buildings in Santa Monica, including proposals for registering vacant buildings, regulating the maintenance of vacant buildings, and requiring that the owners of buildings with valid permits for rehabilitation, repair, or construction of a building complete the work within a specified time certain from the date the permit was issued. Council also asked staff to review the Vacant Property Ordinance for the City of San Francisco.
Staff conducted a field assessment of vacant commercial and residential buildings within city limits, researched city records of these vacant properties and conducted an analysis of vacant building and property maintenance ordinances of other California cities. Staff determined that there are currently 29 vacant properties, not including properties that are vacant due to active construction or vacant properties that are being offered for sale or lease and have no nuisance violations.
After reviewing the options available to the City, staff concluded that it was necessary to conduct a study session with City Council to put forth a recommended action, provide available alternatives, and return to City Council with a proposed amendment to the existing code, if directed.
Staff’s recommendation is an amendment to SMMC 8.96 – Abatement of Public Nuisances to include additional violations related to vacant buildings, including but not limited to issues that are commonly associated with vacant and/or abandoned structures such as buildings left vacant and buildings left in a state of partial
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construction for an unreasonable period of time, and direct staff to return with a draft ordinance for consideration.
Council could also consider these alternatives:
Status Quo
Establishing a Vacant Properties Registry
Background
At its May 10, 2016 meeting, Council directed staff to review the Vacant Property Registries of other cities, specifically San Francisco, with the purpose of determining whether or not such a registry would be appropriate to address vacant properties in the City of Santa Monica. Council asked staff to return with a recommendation that included alternative solutions for regulating vacant properties in Santa Monica.
Existing Laws
Both state and local law currently provides a substantial set of tools to remedy vacant properties that present safety concerns. However, such laws generally do not address issues related to aesthetics such as windows that have been boarded up. Under existing state and local law, a structure that is simply unoccupied (i.e. vacant) is not an illegal condition or a nuisance; rather, existing law addresses very specific conditions that exist on a property.
Additionally, unoccupied properties with active construction are also not a violation of local law, even if the construction project leaves buildings in a state of partial construction for a very long period of time, as long as there are no nuisance, safety, or other code violations present.
Local Laws:
The City’s Building Code outlines the requirements for the start and completion of construction (Attachment A). There is also authority in the Building Code to compel a responsible party to maintain buildings and structures, and parts thereof, in a safe and sanitary condition and maintain devices or safeguards that are required by the Building Code in conformance with the code under which it was installed (Attachment B).
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Santa Monica Municipal Code (SMMC) section 7.44 – Weeds makes the presence of overgrowth or dead vegetation on the properties a nuisance condition.
SMMC section 7.48.070 – Owner to maintain premises free of litter compels abatement of these conditions and makes the presence of junk, trash, or debris a nuisance, which includes the storage of furniture, appliances, or abandoned vehicles outdoors.
For violations associated with unoccupied properties that are not covered under Chapter 7, staff takes enforcement action using SMMC 8.96 – Abatement of Nuisances.
A list of what the City declares to be public nuisances can be found in SMMC 8.98.050 – Public Nuisances, included in Attachment C.
State Laws:
State law provides a stronger set of remedies for enforcing safety violations related to vacant structures.
California Fire Code Section 311 – Vacant Premises provides the Santa Monica Fire Department (SMFD) with the authority to address vacant buildings that are unprotected and unsecured thereby allowing for the possibility (or existence of) illegal activities.
Section 311 requires vacant buildings to be secured and protected, fire protection equipment be maintained, and even fenced and boarded if such measures are deemed necessary by SMFD to protect public safety. Similarly, the California Building Code authorizes the Building Official to take actions to protect public safety, up to and including demolition, if a vacant building presents imminent safety hazards, e.g. structure failure or collapse.
Penal Code Section 372 provides that “Every person who maintains or commits any public nuisance . . . or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.” Penal Code Section 370 broadly defines “public nuisance” as “[a]nything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as
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to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood.” California Courts have broadly interpreted this provision and have long held that properties that create dangerous conditions; disturb the public peace; or that unreasonably interfere with the community’s enjoyment of peace, health, safety and convenience, constitute public nuisances. See, e.g., People v. Mason (1981) 124 Cal.App.3d 348 (excessive noise from a restaurant constituting public nuisance); San Diego County v. Carlstrom (1961) 196 Cal.App.2d 485; City of Bakersfield v. Miller (1966) 64 Cal.2d 93 (building and fire code violations constitute public nuisances); Miller v. Schoene (1928) 276 U.S. 272 (diseased trees are public nuisances); See People ex rel. Gallo v. Acuna (1997) 14 Cal.4th 1090, 1108-1109 (pervasive gang activities are public nuisances).
Additionally, Health and Safety Code Sections 17960, 17980, 17980.6, 17980.7 and 17982 authorize the City to enforce the State housing and nuisance laws and seek the appointment of a receiver when a property owner fails to comply with an administrative enforcement order.
While none of these state laws generally apply to aesthetics concerns, they provide very robust remedies to ensure that the public’s health and safety are protected. The Santa Monica Police Department, Fire Department, Building and Safety Division and Code Enforcement Division, in cooperation with the City Attorney’s Office, have had numerous successes in eliminating public nuisances using these state law remedies, and we remain confident that such remedies remain highly viable to protect public safety.
More details regarding the existing state and local laws currently used to enforce violations commonly associated with vacant properties is included in this report as Attachment C.
Discussion
At its May 10, 2016 meeting, Council directed staff to review the Vacant Property Registries of other cities, specifically San Francisco, with the purpose of determining
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whether or not such a registry would be appropriate to address vacant properties in the City of Santa Monica. Council asked staff to return with a recommendation that included alternative solutions for regulating vacant properties in Santa Monica Santa Monica law does not currently deem a vacant property in and of itself to be a violation of local law. Indeed, a property could be vacant for a number of innocuous reasons. For instance, a property owner may temporarily live overseas and may only return to his/her home here in Santa Monica infrequently, which results in the home being vacant through much of the year. This report focuses on nuisance conditions and other violations associated with vacant buildings, the authority granted to staff to address certain conditions, the limitations of authority in certain cases, and the options available for consideration.
Types of Vacant Buildings
The Santa Monica Municipal Code (SMMC) does not specifically define what constitutes a vacant property. For the purposes of this study session, staff is not including vacant properties that have permitted active construction or are actively being offered for sale or lease, provided these properties are void of any nuisance conditions typically present when considering if the property has been abandoned or is a nuisance. However, properties that have active building permits but have not yet commenced construction are counted as vacant for purposes of this discussion.
Although a building may be rendered vacant for the reasons outlined in the following list below, the building may still not violate any laws:
abandonment;
foreclosure;
death of a property owner;
a removal from the rental market pursuant to the Ellis Act; voluntary repair or rehabilitation;
fire damage, or other unnatural cause
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natural disaster
Types of Violations Associated with Vacant Buildings
A building allowed to remain vacant does not in and of itself constitute a nuisance or a violation of any other laws. Complaints and concerns that staff receives from the public are typically regarding nuisance conditions that are commonly associated with vacant properties. Staff does not typically receive complaints from the public due to buildings merely being vacant.
Common nuisance violations associated with vacant buildings include:
miscellaneous junk, trash, and debris, appliance and other household items; abandoned or inoperable vehicles;
inoperable/discarded household appliances;
lumber and building materials except during construction operations; and access by unauthorized persons
To address these concerns, Code Enforcement staff has used the local and state laws identified above to compel compliance with applicable codes to address some of the conditions that result from buildings sitting vacant for extended periods of time.
As stated earlier, staff has been unable to compel responsible parties to eliminate some aesthetically blighted conditions through enforcement due to the absence of specific municipal codes to address these conditions. For example, Code Enforcement staff does not currently have the authority to take action against a property owner in cases where structures have been left in a state of partial construction, but the property is properly fenced, secured, maintained and does not otherwise pose any threat to public safety.
Council has also expressed concern about the length of time a construction project is permitted to continue. Santa Monica Municipal Code 8.08.070 – Permit issuance,
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extension and renewal outlines the requirements for the start and completion of construction. This section states that building permits become null and void if:
the building or work authorized by such permit is not started within 180 days from the date of permit issuance;
the building or work authorized is suspended or abandoned at any time after the work has started, for a period of 180 days or more; or the time allowed to complete construction has been exceeded.
The life of the permit varies from one to four years depending on the valuation of the construction project. An extension of time may be granted by the Building Official under certain circumstances, but the time set forth to complete construction may be extended no more than three times. Landmarks projects may be extended up to four times.
Extensions of time are granted in 180-day increments. Even if extensions are denied or all extensions are exhausted, the Municipal Code does not compel an owner to finish a project.
Santa Monica’s approach to permit extensions is in line with other local cities in that all allow for at least one extension of a building permit and possibly more with a justifiable reason.
Santa Monica Vacant Building Inventory
Code Enforcement staff conducted a field assessment of known vacant properties located within Santa Monica city limits. There are currently 29 vacant properties in the city known to staff. Included as Attachment D is a map that illustrates how these vacant properties are distributed throughout the city.
Of the 29 vacant properties included in this analysis,
15 are single family residences
o 5 have been abandoned
o 5 have permits to remodel or rebuild but construction has not commenced
o 3 have constructions permits currently under review
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o 1 is vacant due to a fire
o 1 is vacant due to the death of the property owner
10 are multi-family residential properties
o 6 have been vacated pursuant to the Ellis Act
o 2 have been abandoned
o 1 is vacant due to the death of the property owner
o 1 is a delayed construction project
3 are commercial properties
o 2 have permits to remodel but construction has not commenced o 1 is a large development project under review
1 is a mixed-use property with a permit to remodel, but construction has not commenced
Of the 29 buildings currently vacant, only ten are vacant with no active project in the works or no Ellis withdrawal in process. Separately, there are 24 properties in Santa Monica that are pending Ellis Act removal and 34 properties that have been Ellised since 2011 that are in various stages of the waiting period. Some of these properties could stand vacant for various periods of time in the future.
Staff’s analysis of the City’s vacant buildings revealed varying degrees of maintenance.
Staff has received 23 complaints over the past twelve months related to some of the vacant properties, including complaints about overgrown vegetation, weeds, debris, and trespassers. All 23 complaints have been investigated by Code Enforcement staff and enforcement action was taken when violations were discovered. In cases where vagrants and/or unauthorized persons have gained access to vacant properties, Code Enforcement staff works with SMPD to clear the property and with SMFD to secure the property.
Staff received four complaints regarding vacant structures that alleged construction work without a required permit and were addressed through enforcement action using SMMC 8.08.050 – Permits required. Those cases were brought into compliance by
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compelling the responsible party to obtain all required construction permits and approvals.
The Code Enforcement Division received a total of 3,160 complaints in the past twelve months. The 23 nuisance complaints related to vacant properties represent less than 1% of all complaints received by Code Enforcement.
Case Examples
3004 Broadway (Attachment E) has been in various stages of construction since 1996.
Since then, 25 Code Enforcement cases have been opened for violations such as overgrown vegetation, weeds, trash and debris. These cases have been investigated and the violations either abated or unsubstantiated. Because the property is currently properly fenced, secured, maintained and does not otherwise pose any threat to public safety, no further enforcement actions are pending. Despite such, the Code Enforcement Division continues to receive intermittent complaints indicating that this unfinished building represents a visual blight.
1512 Euclid (Attachment F) is an abandoned duplex with a history of complaints regarding overgrown vegetation and harboring vagrants. Through enforcement action, this property is currently secured and is not currently in violation of local law.
Staff recently received complaints regarding the following “vacant” buildings in the city:
900 Wilshire – Investigation revealed that 900 Wilshire is a commercial building not under any active construction. Immediately adjacent to 900 Wilshire sits a residential development under construction at 1211 9th St. (Attachment G). The adjacent property is not in violation of existing law and under the accepted definition of vacant properties is not included in this report as the construction is current and ongoing. 1334 9th St. (Attachment G) – At the time staff received the most recent complaint, there were no existing nuisance violations on the property. A complaint received on 05/02/16 from SMPD revealed nuisance conditions on the property including discarded household items, abandoned/inoperable vehicles, and vagrants. Code Enforcement
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staff worked cooperatively with SMPD and the property owner representatives to address the conditions on the property using existing codes. The property owners worked with Code Enforcement and SMPD staff and removed all unauthorized persons from the property, boarded and secured the property, and removed all discarded household items and vehicles from the property. The property is currently void of any nuisance violations and the owners have obtained permits to remodel. 1238-1242 10th St. (Attachment G) – At the time the most recent complaint was received there were no existing nuisance violations on the property. The property was undergoing permitted construction and was in compliance of all regulations except proper tenant notification of construction. The construction project was stopped by code staff until proper tenant notification was complete. The property owner’s representative immediately complied and work commenced.
1264 9th St. (Attachment G) - Property being vacated pursuant to the Ellis Act. No existing nuisance violations on the property.
2318 Ocean Park Blvd – This property has been the subject of complaints about its blighted condition. The owner received a demolition permit in the summer of 2016 and the building is currently being demolished.
The case examples of existing vacant properties in Santa Monica illustrate that while some vacant properties contain conditions that violate various sections of the municipal code, staff has addressed those issues through compliance efforts with existing statutes while other properties, considered eyesores by some neighbors, are not in violation of existing law.
San Francisco’s Vacant Property Registry
Council asked staff to take a specific look at the vacant property registry adopted by the City of San Francisco in 2009. The ordinance (Attachment H) requires registration of vacant buildings, maintenance and securing of the exterior and interior of the vacant building and provides that a property in violation of the requirements is a public
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nuisance. Fire and liability insurance is also required of vacant and abandoned buildings.
San Francisco defines a building as vacant or abandoned if it is:
unoccupied and unsecured; or
unoccupied and secured by boarding or other similar means; or unoccupied and unsafe as defined by their code; or
unoccupied and has multiple code violations; or
unoccupied for over 30 days
A building in San Francisco is not considered vacant or abandoned if:
There is a valid building permit for repair, rehabilitation, or construction of a building on the parcel and the owner completes the repair, rehabilitation, or construction within one year from the date the initial permit was issued; or The building complies with all codes, does not contribute to blight as defined, is ready for occupancy, and is actively being offered for sale, lease, or rent.
Registration of a vacant and abandoned residential building in the City of San Francisco is required 30 days after it has become vacant or abandoned. Fees are due upon registration. Signs are required to be posted on registered properties that provide the name and contact information for the owner and owner’s representative or the lender’s name and contact information if the property has a notice of default or foreclosure recorded.
Exterior maintenance requirements of vacant and abandoned buildings include:
Landscaping and plant materials in good condition;
Regular removal of exterior trash, debris, and graffiti; Exterior of the building in good condition that is structurally safe and preserves the physical integrity of the structure, including but not limited to paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks; Prevention of criminal activity and trespass by unauthorized persons;
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Turning off utilities that are not necessary for the upkeep and maintenance of the building.
Interior maintenance requirements of vacant buildings include:
Preserving the interior of the building from damage by the elements or plumbing leaks, keeping it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests.
Partially vacant commercial buildings in the City of San Francisco are covered under a separate ordinance No. 182-14. Under this ordinance, commercial buildings vacant for more than 30-days must be registered. Unlike vacant residential buildings, a fee is not required until 270 days after the commercial building has been registered.
San Francisco’s vacant property registry ordinance was adopted in 2009 in response to the housing crisis and continues to be actively enforced today. San Francisco currently has “several hundred” registered vacant structures and according to staff, the number is “significantly lower” number than in years past.
Santa Monica’s Vacant Properties - Staff Recommendation Staff recommends that Council direct staff to bring back an amendment to SMMC 8.96 – Abatement of Nuisances that expands the types and scope of nuisance conditions deemed to be a violation of code and include violations for which Code Enforcement staff are currently not authorized to take enforcement action, such as:
Residential or commercial buildings left in a state of incomplete construction, for a period of 12 months (excluding such time when work is in progress pursuant to a valid building or other construction permit)
The City of Santa Monica Municipal Code does not currently authorize enforcement against a building that has been left in a state of partial construction for a long period of time and there are limited options to address aesthetics complaints made against such buildings, especially when conditions on the property do not pose any life safety hazard.
Amending local law to preclude such long periods of unfinished construction would
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allow staff to compel an owner of a vacant building to resume abandoned/significantly delayed construction activity in a reasonable period of time.
While state law authorizes the Fire Department to order boarding and securing, that authority is not available to Code Enforcement staff. Staff recommends amending local law to grant this authority to the Code Enforcement Division so that existing City enforcement staff can be available to address this concern.
The advantages to amending the existing nuisance code include:
Minimal staff time and resources to draft ordinance
Reduces the need for potential additional staff resources Has the potential to address some of the community’s aesthetics concerns related to construction projects that have not been completed The disadvantages to amending the existing nuisance code include:
Besides partially completed construction, aesthetics judgements can be difficult to make objectively. This can make enforcement of the aesthetics component difficult.
Alternatives:
1. Status Quo
Council could opt to direct staff to continue enforcing nuisance and other code violations associated with vacant properties by continuing to use local and state laws to compel compliance with such violations. With only 10 properties within city limits that do not have an active construction project, Ellised, or are not under current development review, Council could determine that while there are properties in the City that have been vacant for varying lengths of time, the City does not have a significant number of vacant properties and that staff is not experiencing significant challenges with addressing conditions on vacant properties that generate complaints. Staff would bring a cleanup ordinance back to Council to clarify and streamline requirements set forth in SMMC Chapter 8.96 – Abatement of Nuisances.
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The advantages of maintaining the status quo include:
Maintaining current staff resources
Ability to draw clear lines between safety concerns (which are actionable) and aesthetics concerns (which generally are not)
The disadvantages of maintaining the status quo include:
Two properties currently in the City that are in a state of partial construction will continue in their current state until the owners elect to move forward with a new construction project.
2. Vacant Properties Registry
A Vacant Properties Registry is a list of all vacant properties in the city, and typically includes fees for registration and requirements for maintenance of the properties. Staff reviewed the vacant property policies of 29 California cities. Twenty-one of them have adopted registries to manage vacant properties. All but one adopted a Vacant Properties Registry in part or entirely as a response to the increased number of foreclosed properties resulting from the housing crisis of 2008-2009. The sudden increase in foreclosures meant a spike in vacant buildings, and residents complained that bank-owned properties were not being adequately maintained. For these reasons, these cities created registries to monitor and enforce the maintenance of these properties.
Although the majority of these cities still enforce their registry requirements, they also report a significant decrease in the number of vacant properties as the number of foreclosures has significantly declined, and some cities have ceased enforcing their registries in favor of alternative measures. The City of Pasadena, for example, no longer enforces its Vacant Property Registry, but instead uses its Property Maintenance Ordinance. Pasadena reports that its Property Maintenance Ordinance is sufficient to ensure vacant properties are being adequately maintained (Attachment I). Pasadena’s ordinance covers every issue that is commonly associated with vacant and abandoned structures including buildings left vacant and buildings left in a state of partial
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construction for an unreasonable period of time (14.50.040 - Prohibited activities or conditions, #13).
In addition to Pasadena, eight of the surveyed cities have ordinances that provide for enforcement against properties that are left vacant due to construction delays or construction projects that have been abandoned through their adopted Property Maintenance Ordinances.
The advantages of adopting a Vacant Property Registry include:
Permit fees associated with registration will defray some staff costs The disadvantages of adopting a Vacant Property Registry include:
Substantial staff resources to develop the program
Substantial staff resources to administer the program depending on the number of registered properties and the frequency of monitoring requirements Staff resources to monitor vacant properties that otherwise do not have a nuisance or other condition injurious to the public
Very low number of complaints regarding vacant buildings in Santa Monica Difficulty in defining which buildings are sufficiently “vacant” as to require registration
Included as Attachment J of this report is a chart comparing how other local cities handle the regulation of vacant properties.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action, or as a result of maintaining the status quo. If Council were to direct staff to establish, maintain and monitor a Vacant Property Registry, staff resources would be necessary to:
Draft a Vacant Property Registry ordinance
Develop program guidelines
Develop monitoring/enforcement policies and procedures
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Create documents and forms
Conduct field survey of vacant properties
Prepare and send property owner notifications
Facilitate registry
Inspect properties for compliance
Enforcement
Conduct statutory monitoring
Maintain current list (additions and deletions)
Prepared By: Sharon Guidry, Code Enforcement Manager
Approved Forwarded to Council
Attachments:
A. SMMC 8.08.070 Building Code Requirements
B. Building Code 3401.2
C. Local State Law
D. Vacant Properties Map
E. 3004 Broadway
F. 1512 Euclid - BEFORE
G. Case Examples
H. San Francisco Ordinance 194-09
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I. Pasadena Chapter 14.50 - Property Maintenance and Nuisance Abatement J. Regulation of Vacant Properties City Comparison Chart K. May 10, 2016 City Council Meeting
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Packet Pg. 336 Attachment: Attachment D - November 1, 2016 City Council Staff Report [Revision 1] (6918 : Ordinance Updating Public Nuisance Abatement Update to Public
Nuisance and
Administrative
Citation Codes
SMMC Chapters 13.06 and 1.09
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Packet Pg. 337 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance What is a Public Nuisance?
CA Civil Code 3749-3480
• anything harmful to health, offensive to senses, or an obstruction to the free use of property, that
• interferes with enjoyment of life or property and,
• affects a considerable number of people
Public Nuisance Examples
• Excessive Noise
• Pollution
• Blocking the Public Right-of-Way
• Neglected properties
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Packet Pg. 338 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Who Addresses Nuisance Conditions?
Code Enforcement
City Attorney
Police Dept.
Affected members of the public
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Packet Pg. 339 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Public Nuisance Penalties
• Administrative Citation
• $2,000 - $10,000
• Criminal enforcement
• Injunction
• Nuisance Abatement
• Private right of action
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Packet Pg. 340 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 13.06
Definitions – (13.06.030)
• “Responsible Party” –redefined to expand the list of responsible persons. • Consistent with the proposed definition change in 1.09 Public Nuisances (13.06.050)
• “a” – updates list of activities considered to be “crimes against society” • “b” – Adds animal-related violations not currently found in Chapter 4.04 • “c” and “d” – extend violations of drug and alcohol violations to businesses, not just the properties.
• “f” – deleted as public telephones are no longer prevalent Item 10-A
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Public Nuisances (13.06.050)
• “j” –violations of the property maintenance or vacant property codes for 48+ hours.
• To be used only in extreme scenarios
• “k” – 5+ violations in 1 year
• Tenant Protection code (Ch. 4.27),
• Housing Anti-Discrimination code (Ch. 4.28),
• Tenant Relocation code (Ch. 4.36),
• Tenant Harassment code (Ch. 4.56),
• Housing code (Ch. 8.92),
• Property Maintenance code (Ch. 13.02),
• Vacant Property code (Ch. 13.04),
• or any other local or State law related to building construction or fire prevention.
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Packet Pg. 342 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 13.06
Public Nuisances (13.06.050)
• “l” – subdividing or renting any dwelling unit that does not meet minimum building codes or occupancy standards
• “m” – harassing or engaging in unsafe business tactics which endangers a significant number of people
• “n” – failure to comply with City’s Mandatory Seismic Retrofit programs • Current penalty for noncompliance is $75.00
• Violations are also being added to the upcoming Master Fine Schedule amendment Item 10-A
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Packet Pg. 343 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 13.06
Public Nuisances (13.06.050)
• “o” – 5+ violations within 12 months for operating a business without a business license or violating related laws or regulations • “p” – 3+ violations within 12 months for unpermitted construction or violating a stop work order
Notice to Responsible parties (13.06.055)
• Establishes standard noticing requirements for violators. • Codifies existing practices
Responsibility for Enforcement (13.06.095)
• Clarifies enforcement authority
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Packet Pg. 344 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 1.09
Applicability (1.09.010)
• Administrative citations can be issued for violations of Chapter 3-9 and 13 unless otherwise stated
Definitions (1.09.020)
• “Correctable offense” – defines the types of offenses that can be corrected • Positive action to legalize the violation
• “Responsible Party” – Expands definition to include any party that is causing or maintaining a violation
• Existing definition only holds responsible only those who commit a violation • Too narrow
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Packet Pg. 345 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 1.09
Notice of Violation (1.09.025)
• Requires a written notice first be provided for violations of building, zoning, and structural issues before citations may be issued
• Consistent with State law (Gov. Code 53069.4)
• Codifies existing practices
Service Procedures for Admin Citations (1.09.045)
• Establishes requirements for the service of administrative citations. • Codifies existing practices
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Packet Pg. 346 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 1.09
Compliance with Administrative Citations (1.09.045)
• 50% reduction in the fine amount for correctable citations if:
• 1st citation within the past 36 months
• Correctable offense
• Not an immediate threat to the public
• Corrected on or before the compliance date
• Balance is paid within 30 days of correction
• This program serves as additional incentive to correct a violation and pay the outstanding balance.
• Similar program in West Hollywood
• May lead to increased compliance and fine collection
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Packet Pg. 347 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Uncollected Citations and Fine Amounts (2018 to date)
Issue # Unpaid Citations Uncollected Fine Amounts
Short-Term Rentals 263 $279,768
Vending 1284 $209,693
Shared Mobility Devices 390 $202,598
Tenant Relocation 71 $131,598
Other 2054 $300,674
Compliance with Administrative Citations (1.09.045)
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Packet Pg. 348 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Proposed Changes to 1.09
Hearing Procedures and Decisions (1.09.090 and 1.09.100) • Hearing notices and decision delivery.
• Codifies existing practices
Recovery of Admin Fines and Costs (1.09.120)
• Allows the City to recover City costs incurred for investigating and defending citations.
• Only applies to citations that are upheld or become final • Fees for Code Enforcement staff time are being added to the upcoming Master Fee Schedule Identification
• Requires a violator to identify themselves to an enforcement officer.
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Packet Pg. 349 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Closing
The proposed changes will
provide City staff more
tools to address public
nuisances and address
nuisance properties.
Codifies existing
practices into law that are
consistent with State law,
preserving due process
rights of violators.
Questions?
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Packet Pg. 350 Attachment: PowerPoint Presentation (6918 : Ordinance Updating Public Nuisance Housing Authority
Report
City Council Meeting: April 8, 2025
Agenda Item: 12.A
1 of 10
To: Housing Authority
From: Heather Averick, Director, Housing and Human Services Department Subject: Public Hearing and Adoption of Santa Monica Housing Authority Draft 5-Year Plan Fiscal Year 2025, the 2025-26 Annual and Administrative Plans Recommended Action
Staff recommends the Santa Monica Housing Authority Board:
1. Hold a public hearing and receive public comment
2. Adopt the Santa Monica Housing Authority 5-Year Plan Fiscal Year (FY) 2025 for FY 2025-2030
3. Adopt the FY 2025-2026 Annual Plan for the previous 5-Year Plan FY 2020-2025
4. Adopt the FY 2025-2026 Santa Monica Housing Authority Administrative Plan
5. Authorize the Submission of the FY 2025-2026 PHA plan which consists of the 5-Year Plan FY 2025, the Annual Plan FY 2025-26, and Administrative Plan to the United States Department of Housing and Urban Development (HUD)
6. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Executive Summary
The Santa Monica Housing Authority (SMHA) administers approximately 1,750 rental assistance vouchers to extremely low-, very low-, and low-income Santa Monica households across six federal housing voucher programs:
• Housing Choice Voucher;
• Continuum of Care;
• HOME Investment Partnerships Program;
• Veterans Affairs Supportive Housing;
• Emergency Housing Voucher; and
• Housing Stability Vouchers.
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Each year, the SMHA is required to submit a Public Housing Authority Plan (PHA Plan) and a progress report to HUD to inform the agency, voucher participants, and members of the public of updates to the SMHA’s mission, goals, and objectives. The SMHA’s mission mirrors that of HUD’s, focusing on promoting adequate and affordable housing, economic opportunity, and a discrimination-free, suitable living environment. The SMHA operates in accordance with the rules and regulations detailed in its Administrative Plan, which incorporates federally established regulations and local policies and procedures.
This year, as part of PHA Plan the SMHA is required to submit the following documents:
1. A Draft 5-Year PHA Plan FY 2025 for FY 2025-2030 (Attachment A).
2. The Annual Plan FY 2025-2026 and Progress Report, completing the previous 5- Year Plan for FY 2020-2025 (Attachment B).
3. The proposed discretionary policy changes, redlined in the Draft Administrative Plan for FY 2025-2026 (Attachment C).
4. A Summary of Proposed Discretionary Changes for FY 2025-2026 (Attachment D).
5. Public Comments and Input from the Resident Advisory Board, voucher participants, the Housing Commission, the public and the Housing Authority Responses to the comments (Attachment E).
Background
City Council, along with tenant representatives, act as the Santa Monica Housing Authority Board (HAB) for the SMHA. On October 13, 2020, the HAB approved the SMHA’s current 5-Year Plan which will end this year on June 30, 2025. On April 9, 2024, the HAB approved the current PHA Plan, which provided updates to the SMHA’s
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goals and provided details of the rules and regulations that govern the SMHA’s operations. HUD issues mandatory updates to the Administrative Plan annually, and Housing Authorities like the SMHA can propose discretionary changes to the Administrative Plan.
Annually, the SMHA is required to submit a PHA Plan, report on the progress of the current 5-Year Plan, and provide any updates to the Administrative Plan to HUD. Every 5 years, the SMHA must also submit a new 5-Year Plan.
Each HUD-funded voucher program administered by the SMHA has its own performance reporting requirements, with the PHA Plan specifically serving as a progress update for the Housing Choice Voucher (HCV) program. The SMHA submits a Streamlined Annual Plan due to its "voucher-only" designation, which applies to housing authorities that:
• Administer more than 550 HCVs
• Do not own or manage public housing
• Were not designated as troubled in their most recent SEMAP performance assessment
The deadline to submit the FY 2025-26 PHA Plan is April 17, 2025.
Discussion
The SMHA continues to advance its mission of providing safe, stable, and affordable housing to low-income households through ongoing policy enhancements and strategic planning efforts. The following discussion outlines key updates, including the submission of a new 5-Year PHA Plan (FY 2025-2030), the Annual Plan Progress Report, and proposed updates to the Administrative Plan to align with recent regulatory changes, such as National Standards for the Physical Inspection of Real Estate (NSPIRE) and Housing Opportunity Through Modernization Act of 2016 (HOTMA).
These efforts reflect SMHA’s commitment to improving operational efficiency, expanding affordable housing opportunities, and adapting to evolving federal requirements.
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5-Year Plan FY 2025-2030
The proposed 5-Year Plan FY 2025-2030 outlines SMHA’s long-term vision, focusing on enhancing housing services, expanding rental assistance opportunities, and strengthening partnerships to meet the community’s housing needs. This plan introduces new goals and strategic initiatives designed to improve access, efficiency, and program effectiveness.
Key Goals and Initiatives:
• Expand Supportive Housing Solutions
o Actively seek and apply for additional vouchers as they become available. o Pursue new construction and rehabilitation projects to increase the supply of affordable housing, subject to funding availability. • Enhance Access to Voucher Programs for Santa Monica’s Vulnerable Populations
o Implement targeted interventions to reduce homelessness among individuals and families.
o Develop prevention strategies to help at-risk households maintain stable housing.
• Promote Excellence and Innovation in Service Delivery o Foster a client-centered approach that prioritizes responsiveness, empathy, and efficiency.
o Strengthen relationships with current landlords while actively recruiting new property owners to expand housing options.
o Provide education and outreach to reduce stigma and increase awareness of needs-based housing programs.
o Explore innovative database solutions and technology to enhance efficiency and improve customer service.
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This strategic roadmap will guide SMHA’s efforts over the next 5 years, ensuring its programs remain adaptable to the community’s evolving needs while maintaining compliance with federal regulations.
Annual Plan FY 2025-2026
Additionally, the SMHA Annual Plan Progress report updates information on housing needs, housing strategies, and other City program information. This year marks the final year of the current 5-Year Plan FY 2020-2025, and the progress updates reflect the accomplishments and ongoing initiatives from last year. The proposed Annual Plan Progress Report for FY 2025-2026 includes the following updates:
• The Preserving Our Diversity or POD program, which assists low-income senior renters (65+) in Santa Monica, has implemented its first benefit increase since 2019 to counteract inflation. In May 2024, the adjustment was raised the average monthly assistance from $510 to $766 for 205 participants, helping to alleviate the rising costs of rent, food, and medicine. • The Laurel at 1413 Michigan Avenue received $11,742,234 in City Housing Trust Fund financing to develop 57 residences for individuals experiencing homelessness. Construction was completed in 2024, and SMHA allocated 57 PBVs, achieving full lease-up within the same year.
• The development at 1342 Berkeley Street received a funding commitment of $1,730,153 from the City Housing Trust Fund to construct 13 residences for young adults at risk of homelessness or experiencing housing insecurity.
Construction began in May 2024 and is expected to be completed by Q3 2025. SMHA has allocated 13 PBVs, including 8 designated as permanent supportive housing units.
• The project at 1318 Fourth Street will include 122 residences, with 50 designated as Permanent Supportive Housing (PSH) apartments supported by PBVs. On October 8, 2024, City Council approved the terms of a Disposition and Development Agreement (DDA) and a Ground Lease for this project.
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• The affordable senior housing development at 1211-1217 14th St./1402 Wilshire Blvd. will provide 82 apartments, including 40 PSH residences with PBVs. On December 17, 2024, City Council approved the terms of a DDA and a Ground Lease to move forward with the project.
Administrative Plan
The Draft Administrative Plan FY 2025-2026 includes language changes that are statutory, regulatory, and redlines of any clarifications or policy changes. On September 29, 2023, HUD issued PIH Notice 2023-28, finalizing the administrative procedures for NSPIRE. This new inspection approach prioritizes health, safety, and functional deficiencies over appearance-related issues.
NSPIRE establishes a single, standardized inspection protocol for units under the Public Housing, HCV, Multifamily, and Community Planning and Development programs. It emphasizes resident-impact areas, particularly the dwelling unit, and features clear, objective standards, enhanced inspection protocols, and more defensible scoring criteria to simplify the process.
NSPIRE has replaced the Housing Quality Standards inspection process. The new rules became effective on October 1, 2023, and have been implemented in SMHA operations. As a result, Chapter 8 of the Administrative Plan has been updated to incorporate NSPIRE requirements.
On February 2, 2024, HUD issued the final version of PIH Notice 2023-27, providing Housing Authorities with guidance on implementing Sections 102 and 104 of HOTMA.
Enacted on July 29, 2016, HOTMA’s Title I includes 14 sections that impact the administration of Section 8 rental assistance programs, modifying income review requirements and establishing maximum asset limits. While the final HOTMA rules were initially set to take effect on January 1, 2025, HUD announced in May 2024 that the compliance deadline has been postponed, with no new date established. In response to this delay, SMHA has updated Chapters 6, 7, and 11 of its FY 2025-2026 Administrative Plan. Specifically:
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• Chapters 6A, 7A, and 11A retain pre-HOTMA policies
• Chapters 6B, 7B, and 11B incorporate HOTMA regulations These revisions ensure SMHA is prepared for a smooth transition to HOTMA-compliant procedures once HUD announces the new implementation timeline.
Community Input
The proposed streamlined and formulaic PHA Plan requires a 45-day public comment period and subsequent approval by the HAB, even if there are no substantive changes since the previously approved PHA Plan. SMHA welcomed input regarding the PHA Plan, and the proposed discretionary policy changes during the public review period. All documents were available for review and public comment from January 10, 2025, through February 25, 2025.
• On December 5, 2024, staff attended the regularly scheduled Housing Commission meeting to introduce the forthcoming PHA Plans to the public, including the 5-Year Plan, Annual Plan, and Administrative Plan. • On December 30, 2024, staff notified all Resident Advisory Board members (all HCV program participants) and other voucher participants via email about the opportunity to attend the annual PHA Plan workshop. The workshop was designed to educate participants on the PHA Plan process, emphasize the importance of active engagement, and provide guidance on how to submit input.
• January 8, 2025: staff hosted a virtual session with recipients to provide information and inform them about the PHA Plan process, as well as upcoming opportunities to contribute to the FY 2025-2026 PHA Plans. • On January 7 and January 22, 2025, staff notified all Resident Advisory Board members (all HCV program participants) and all other voucher participants— via their preferred method of correspondence, either direct mail or email— about the opportunity to provide input on the SMHA PHA Plan and Administrative Plan. The notification also included details about the upcoming
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Housing Commission meeting on February 6, 2025, and the public hearing during the regularly scheduled council meeting on April 8, 2025. • January 10, 2025: staff posted the start of the public review period on the Housing Division website.
• February 6, 2025: staff delivered a presentation at the monthly Housing Commission meeting, providing a thorough overview of the Annual Plan process and allowed for additional opportunities for community input.
Public Comment
During the public comment period, staff engaged with various stakeholders, receiving feedback through multiple channels including email, mail, in-person interactions, phone calls, and discussions at the Housing Commission meeting. The input received addressed several key areas related to the PHA Plan and SMHA operations, including:
• Prioritizing assistance for vulnerable Santa Monica families • Increasing availability of affordable housing
• Strengthening Landlord Liaison/Housing Navigator services • Exploring a Homeownership Program
• Enhancing Customer Service
• Improving transparency and streamlining procedures and access Staff Response
In response to feedback from Resident Advisory Board members and the public, staff has enhanced its Tier 1 priority for vulnerable Santa Monica residents to better address the evolving needs of the community and expand partnerships that will support these needs.
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The City has already developed several affordable housing initiatives, as detailed in the Progress Report in Attachment B. Additionally, a proposed discretionary policy is being considered for Santa Monicans experiencing homelessness or at risk of homelessness.
Currently, SMHA does not have the resources to administer a homeownership program as the focus remains on core responsibilities for Santa Monica residents in compliance with HUD requirements. However, this is something which remains on a list of opportunities to explore as the capacity of the SMHA and Housing Division grows.
Regarding customer service, procedures, and waitlist management, staff recognizes the feedback requesting improvements in transparency, accessibility, and communication strategies. Efforts will continue to enhance customer service and delivery in these areas, including looking at innovative ways to utilize technology to enhance and streamline procedures and processes.
A comprehensive list of comments received from Resident Advisory Board members, other voucher program participants, and the public is included in Attachment E.
Environmental Review
The SMHA plans are categorically exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The plans are covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed strategies in the plans allocate vouchers for housing and do not cause the construction of any new projects that could have a significant environmental effect. Therefore, it can be seen with certainty that the SMHA plans would not result in adverse physical impacts on the environment, and as such, is categorically exempt from CEQA.
Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action.
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Prepared By: Natalie Verlinich, Housing Manager
Approved Forwarded to Council
Attachments:
A. Draft 5-Year Plan Fiscal Year 2025-2030
B. Annual Plan Fiscal Year 2025-2026
C. Draft Administrative Plan FY 2025-2026 2
D. Summary of Proposed Discretionary Changes for FY 2025-2026 E. Public Comments and Input
F. Written Comments
G. Power Point Presentation
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5-Year PHA Plan
(for All PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires: 03/31/2024
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs.
A. PHA Information.
A.1 PHA Name: Santa Monica Housing Authority _________________________________ PHA Code: _____CA111______ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/2025___ The Five-Year Period of the Plan (i.e. 2019-2023): _2025-2030_____________ PHA Plan Submission Type: 5-Year Plan Submission Revised 5-Year Plan Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each resident council a copy of their PHA Plans.
PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below.) Participating PHAs PHA
Code
Program(s) in the
Consortia
Program(s) not in the
Consortia
No. of Units in Each Program
PH HCV
Lead PHA:
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B. Plan Elements. Required for all PHAs completing this form.
B.1 Mission. State the PHA’s mission for serving the needs of low-income, very low-income, and extremely low-income families in the PHA’s jurisdiction for the next five years.
The mission of the PHA is the same as that of the Department of Housing and Urban Development: To promote adequate and affordable housing, economic opportunity and a suitable living environment free from discrimination.
B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of low-income, very lowincome, and extremely low-income families for the next five years.
PHA Goal: Expand Access to Supportive Housing Solutions Objectives:
• Actively pursue opportunities to apply for and secure additional vouchers when available. • Develop and implement strategies for new construction and rehabilitation projects to increase affordable housing stock, subject to funding availability.
PHA Goal: Enhance Accessibility to Voucher Programs for Vulnerable Santa Monica Populations.
Objectives:
• Implement targeted interventions to reduce homelessness among individuals and families. • Develop prevention strategies to minimize the risk of individuals and families becoming homeless.
PHA Goal: Foster a Culture of Excellence and Innovation Objectives:
• Establish a client-centric customer service environment that emphasizes responsiveness, empathy, and efficiency.
• Strengthen partnerships with existing landlords and build relationships with potential landlords to expand housing opportunities.
• Offer resources to reduce stigma and promote understanding of needs-based housing programs.
• Explore innovative database solutions and technology to enhance efficiency and improve customer service.
B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan.
Progress Report attached as a separate document.
B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities, objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. • The PHA will continue to comply with the updated VAWA Reauthorization Act. • The PHA will offer a preference to families that are victims of domestic violence/familial abuse, sexual assault or stalking, who have been displaced in the City of Santa Monica as a result of the victimization. • The City of Santa Monica provides funding for shelter-based services including social services assistance, resource referral, clinical therapy, peer counseling, and court advocacy to victims of domestic violence. Children Empowerment programming and Youth Violence Prevention and Education Workshops are also provided.
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C. Other Document and/or Certification Requirements.
C.1 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan.
SMHA defines a “Significant Amendment and Substantial Deviation/Modification” when changes are made to the preferences/priorities on the waiting list (Currently defined in the Administrative Plan), if programs or number of persons to be served is reduced due to the loss of supporting revenue, if changes are made to the FMR but only if it adversely impacts tenants, and changes to the appeals/grievance process if tenants are negatively impacted. When significant changes are proposed SMHA will post a 45-day public review notice (24 CFR 903.17(r)), assure that the amendment is consistent with the Consolidated Plan 24 CFR 903.15 (unless action is taken due to funding reduction of programs) and must be approved by the Housing Commission. HUD approval is required prior to implementation of amendments. An exception to this definition will be made for any of the above changes that are adopted to reflect changes in HUD regulatory requirements and will not be considered significant amendments by HUD.
C.2 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the 5-Year PHA Plan? Y N
(b) If yes, comments must be submitted by the PHA as an attachment to the 5-Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
C.3 Certification by State or Local Officials.
Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4 Required Submission for HUD FO Review.
(a) Did the public challenge any elements of the Plan?
Y N
(b) If yes, include Challenged Elements.
D. Affirmatively Furthering Fair Housing (AFFH).
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D.1
Affirmatively Furthering Fair Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.)
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal:
(Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
(Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
(Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Instructions for Preparation of Form HUD-50075-5Y - 5-Year PHA Plan for All PHAs A. PHA Information. All PHAs must complete this section. (24 CFR § 903.4)
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A.1 Include the full PHA Name, PHA Code, PHA Fiscal Year Beginning (MM/YYYY), Five-Year Period that the Plan covers, i.e. 2019-2023, PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table.
B. Plan Elements.
B.1 Mission. State the PHA’s mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA’s jurisdiction for the next five years. (24 CFR § 903.6(a)(1)) B.2 Goals and Objectives. Identify the PHA’s quantifiable goals and objectives that will enable the PHA to serve the needs of lowincome, very low- income, and extremely low- income families for the next five years. (24 CFR § 903.6(b)(1)) B.3 Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5- Year Plan. (24 CFR § 903.6(b)(2))
B.4 Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA’s goals, activities objectives, policies, or programs that will enable the PHA to serve the needs of child and adult victims of domestic violence, dating violence, sexual assault, or stalking. (24 CFR § 903.6(a)(3)).
C. Other Document and/or Certification Requirements.
C.1 Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5-Year Plan. For modifications resulting from the Rental Assistance Demonstration (RAD) program, refer to the ‘Sample PHA Plan Amendment’ found in Notice PIH-2012-32, REV 2.
C.2 Resident Advisory Board (RAB) comments.
(a) Did the public or RAB have comments?
(b) If yes, submit comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR § 903.17(b), 24 CFR § 903.19) C.3 Certification by State or Local Officials.
Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4 Required Submission for HUD FO Review.
Challenged Elements.
(a) Did the public challenge any elements of the Plan?
(b) If yes, include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
D. Affirmatively Furthering Fair Housing.
(Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete this section.)
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D.; nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5-Year PHA Plan. The 5-Year PHA Plan provides the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely lowincome families and the progress made in meeting the goals and objectives described in the previous 5-Year Plan.
Public reporting burden for this information collection is estimated to average 1.64 hours per year per response or 8.2 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality.
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Packet Pg. 365 Attachment: Draft 5-Year Plan Fiscal Year 2025-2030 (6708 : SMHA 5-Year Plan / SMHA PHA Plan) Streamlined Annual
PHA Plan
(HCV Only PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 03/31/2024
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, including changes to these policies, and informs HUD, families served by the PHA, and members of the public of the PHA’s mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families Applicability. The Form HUD-50075-HCV is to be completed annually by HCV-Only PHAs. PHAs that meet the definition of a Standard PHA, Troubled PHA, High Performer PHA, Small PHA, or Qualified PHA do not need to submit this form. Where applicable, separate Annual PHA Plan forms are available for each of these types of PHAs.
Definitions.
(1) High-Performer PHA – A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Small PHA - A PHA that is not designated as PHAS or SEMAP troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceed 550.
(3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing.
(4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceed 550, and that was designated as a standard performer in the most recent PHAS and SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined and is not PHAS or SEMAP troubled.
A. PHA Information.
A.1 PHA Name: Santa Monica Housing Authority_______________________________________________ PHA Code: CA 111_________ PHA Plan for Fiscal Year Beginning: (MM/YYYY): ___07/01/25___________ PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Housing Choice Vouchers (HCVs) 1,536________
PHA Plan Submission Type: Annual Submission Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public.
A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website.
The PHA Plan was made available at the Santa Monica Housing Authority office and posted on the Housing Office Website Here:
https://www.santamonica.gov/housing-news. Additionally, Notices of the comment period and the PHA Plan were posted in the Santa Monica Daily Press. Staff sent direct notices to program participants via their preferred method of correspondence (email/mail) with information about the PHA plan, where it’s located, the various ways to provide input or ask questions (email, mail, by phone, or in person), the public meeting on February 1, 2024.
PHA Consortia: (Check box if submitting a joint Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program
Lead HA:
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B. Plan Elements.
B.1 Revision of Existing PHA Plan Elements.
a) Have the following PHA Plan elements been revised by the PHA since its last Annual Plan submission? Y N
Statement of Housing Needs and Strategy for Addressing Housing Needs.
Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
Financial Resources.
Rent Determination.
Operation and Management.
Informal Review and Hearing Procedures.
Homeownership Programs.
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements.
Substantial Deviation.
Significant Amendment/Modification.
(b) If the PHA answered yes for any element, describe the revisions for each element(s):
B.2 New Activities. – Not Applicable
B.3 Progress Report.
Provide a description of the PHA’s progress in meeting its Mission and Goals described in its 5-Year PHA Plan. The progress report is attached.
B.4 Capital Improvements. – Not Applicable
B.5 Most Recent Fiscal Year Audit.
(a) Were there any findings in the most recent FY Audit?
Y N N/A
(b) If yes, please describe:
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) Comments.
(a) Did the RAB(s) have comments to the PHA Plan? The Santa Monica Housing Authority directly contacts each member of the RAB (all HCV participants are appointed to the RAB; currently, approximately 1,360) via direct mail and e-mail to offer members the opportunity to provide input on the Annual Plan and current Administrative Plan.
Y N
{this section will be updated to reflect any RAB input received, prior to Housing Authority Board consideration and approval of this Annual Plan}
(b) If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations.
C.2 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan.
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Packet Pg. 367 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan)
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed, must be submitted by the PHA as an electronic attachment to the PHA Plan.
C.4
Challenged Elements. If any element of the PHA Plan is challenged, a PHA must include such information as an attachment with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public. (a) Did the public challenge any elements of the Plan?
Y N
If yes, include Challenged Elements.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing (AFFH).
Provide a statement of the PHA’s strategies and actions to achieve fair housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR § 903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.) Fair Housing Goal:
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Packet Pg. 368 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan)
Instructions for Preparation of Form HUD-50075-HCV
Annual PHA Plan for HCV-Only PHAs
___________________________________________________________________________ A. PHA Information. All PHAs must complete this section. (24 CFR §903.4) A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), Number of Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan.
PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Plan Elements. All PHAs must complete this section. (24 CFR §903.11(c)(3)) B.1 Revision of Existing PHA Plan Elements. PHAs must:
Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the “yes” box. If an element has not been revised, mark “no."
Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA’s strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA and other families who are on the Section 8 tenant-based assistance waiting lists. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income); (ii) elderly families (iii) households with individuals with disabilities, and households of various races and ethnic groups residing in the jurisdiction or on the public housing and Section 8 tenantbased assistance waiting lists. The statement of housing needs shall be based on information provided by the applicable Consolidated Plan, information provided by HUD, and generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Once the PHA has submitted an Assessment of Fair Housing (AFH), which includes an assessment of disproportionate housing needs in accordance with 24 CFR 5.154(d)(2)(iv), information on households with individuals with disabilities and households of various races and ethnic groups residing in the jurisdiction or on the waiting lists no longer needs to be included in the Statement of Housing Needs and Strategy for Addressing Housing Needs. (24 CFR § 903.7(a)).
The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR §903.7(a)(2)(i)) Provide a description of the ways in which the PHA intends, to the maximum extent practicable, to address those housing needs in the upcoming year and the PHA’s reasons for choosing its strategy. (24 CFR §903.7(a)(2)(ii)) Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. A statement of the PHA’s policies that govern resident or tenant eligibility, selection and admission including admission preferences for HCV. (24 CFR §903.7(b)) Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA’s anticipated resources, such as PHA HCV funding and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support tenant-based assistance. The statement also should include the non-Federal sources of funds supporting each Federal program, and state the planned use for the resources. (24 CFR §903.7(c))
Rent Determination. A statement of the policies of the PHA governing rental contributions of families receiving tenant-based assistance, discretionary minimum tenant rents, and payment standard policies. (24 CFR §903.7(d)) Operation and Management. A statement that includes a description of PHA management organization, and a listing of the programs administered by the PHA. (24 CFR §903.7(e)).
Informal Review and Hearing Procedures. A description of the informal hearing and review procedures that the PHA makes available to its applicants. (24 CFR §903.7(f))
Homeownership Programs. A statement describing any homeownership programs (including project number and unit count) administered by the agency under section 8y of the 1937 Act, or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) Describe fair housing strategies and actions to achieve the goal (Per e-mail communication with the U.S. Department of Housing and Urban Development, as indicated in instruction above, PHAs are not required to fill out this section.)
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Packet Pg. 369 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan)
Self Sufficiency Programs and Treatment of Income Changes Resulting from Welfare Program Requirements. A description of any PHA programs relating to services and amenities coordinated, promoted, or provided by the PHA for assisted families, including those resulting from the PHA’s partnership with other entities, for the enhancement of the economic and social self-sufficiency of assisted families, including programs provided or offered as a result of the PHA’s partnerships with other entities, and activities subject to Section 3 of the Housing and Community Development Act of 1968 (24 CFR Part 135) and under requirements for the Family Self-Sufficiency Program and others. Include the program’s size (including required and actual size of the FSS program) and means of allocating assistance to households. (24 CFR §903.7(l)(i)) Describe how the PHA will comply with the requirements of section 12(c) and (d) of the 1937 Act that relate to treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(l)(iii)).
Substantial Deviation. PHA must provide its criteria for determining a “substantial deviation” to its 5-Year Plan. (24 CFR §903.7(r)(2)(i)) Significant Amendment/Modification. PHA must provide its criteria for determining a “Significant Amendment or Modification” to its 5-Year and Annual Plan.
If any boxes are marked “yes”, describe the revision(s) to those element(s) in the space provided.
B.2 New Activities. This section refers to new capital activities which is not applicable for HCV-Only PHAs.
B.3 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA’s progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR §903.11(c)(3), 24 CFR §903.7(r)(1)) B.4 Capital Improvements. This section refers to PHAs that receive funding from the Capital Fund Program (CFP) which is not applicable for HCV-Only PHAs
B.5 Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark “yes” and describe those findings in the space provided. (24 CFR §903.7(p))
C. Other Document and/or Certification Requirements.
C.1 Resident Advisory Board (RAB) comments. If the RAB had comments on the annual plan, mark “yes,” submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA’s decision made on these recommendations. (24 CFR §903.13(c), 24 CFR §903.19) C.2 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (24 CFR §903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable.
C.3 Civil Rights Certification/ Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan. Provide a certification that the following plan elements have been revised, provided to the RAB for comment before implementation, approved by the PHA board, and made available for review and inspection by the public. This requirement is satisfied by completing and submitting form HUD-50077 ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed.
Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of §§ 903.7(o)(1) and 903.15(d) and: (i) examines its programs or proposed programs; (ii) identifies any fair housing issues and contributing factors within those programs, in accordance with 24 CFR 5.154; or 24 CFR 5.160(a)(3) as applicable (iii) specifies actions and strategies designed to address contributing factors, related fair housing issues, and goals in the applicable Assessment of Fair Housing consistent with 24 CFR 5.154 in a reasonable manner in view of the resources available; (iv) works with jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; (v) operates programs in a manner consistent with any applicable consolidated plan under 24 CFR part 91, and with any order or agreement, to comply with the authorities specified in paragraph (o)(1) of this section; (vi) complies with any contribution or consultation requirement with respect to any applicable AFH, in accordance with 24 CFR 5.150 through 5.180; (vii) maintains records reflecting these analyses, actions, and the results of these actions; and (viii) takes steps acceptable to HUD to remedy known fair housing or civil rights violations. impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction’s initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR §903.7(o)).
C.4 Challenged Elements. If any element of the Annual PHA Plan or 5-Year PHA Plan is challenged, a PHA must include such information as an attachment to the Annual PHA Plan or 5-Year PHA Plan with a description of any challenges to Plan elements, the source of the challenge, and the PHA’s response to the public.
D. Affirmatively Furthering Fair Housing (AFFH).
D.1 Affirmatively Furthering Fair Housing. The PHA will use the answer blocks in item D.1 to provide a statement of its strategies and actions to implement each fair housing goal outlined in its accepted Assessment of Fair Housing (AFH) consistent with 24 CFR § 5.154(d)(5) that states, in relevant part: “To implement goals and priorities in an AFH, strategies and actions shall be included in program participants' … PHA Plans (including any plans incorporated therein) …. Strategies and actions must affirmatively further fair housing ….” Use the chart provided to specify each fair housing goal from the PHA’s AFH for which the PHA is the responsible program participant – whether the AFH was prepared solely by the PHA, jointly with one or more other PHAs, or in collaboration with a state or local jurisdiction – and specify the fair housing strategies and actions to be implemented by the PHA during the period covered by this PHA Plan. If there are more than three fair housing goals, add answer blocks as necessary.
Until such time as the PHA is required to submit an AFH, the PHA will not have to complete section D., nevertheless, the PHA will address its obligation to affirmatively further fair housing in part by fulfilling the requirements at 24 CFR 903.7(o)(3) enacted prior to August 17, 2015, which means that it examines its own programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable
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Packet Pg. 370 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan)
fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement; and maintain records reflecting these analyses and actions. Furthermore, under Section 5A(d)(15) of the U.S. Housing Act of 1937, as amended, a PHA must submit a civil rights certification with its Annual PHA Plan, which is described at 24 CFR 903.7(o)(1) except for qualified PHAs who submit the Form HUD-50077-CR as a standalone document.
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced the Annual PHA Plan. The Annual PHA Plan provides a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA’s operations, programs, and services, and informs HUD, families served by the PHA, and members of the public for serving the needs of low- income, very low- income, and extremely low- income families.
Public reporting burden for this information collection is estimated to average 6.02 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
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Packet Pg. 371 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 1 Santa Monica Housing Authority (SMHA) 5-Year for Fiscal Year (FY) 2020 Plan Progress Report
Below are the goals and objectives identified in the SMHA 5-year Plan. The 5-year Plan was approved by the Housing Authority Board on October 13, 2020. • Goal: Expand access to Permanent Supportive Housing (PSH) by attaching project-based vouchers to PSH apartments.
Progress: A supportive housing development referred to as The Laurel at 1413 Michigan Avenue, consisting of 57 residences for individuals experiencing homelessness, received $11,742,234 in City Housing Trust Fund financing. Construction was completed in 2024, and the Santa Monica Housing Authority (SMHA) allocated 57 project-based vouchers to the development, achieving full lease-up within the same year. A new development of 13 residences at 1342 Berkeley Street, primarily aimed at young adults at risk of homelessness or experiencing housing insecurity, has received a commitment of $1,730,153 from the City Housing Trust Fund. Construction began in May 2024 and is expected to be completed by Q3 2025. The SMHA has allocated 13 project-based vouchers to this development, including 8 designated as permanent supportive housing units. At its October 8, 2024, City Council approved terms of a Disposition and Development Agreement (DDA) and Ground Lease for the construction of 122 residences, including 50 Permanent Supportive Housing (PSH) apartments with Project Based Vouchers (PBVs), located at 1318 Fourth Street. On December 17, 2024, City Council approved terms of a DDA and Ground Lease for the construction of 82 affordable senior apartments, including 40 PSH residences with PBVs, at 1211-1217 14th St./1402 Wilshire Blvd.
• Goal: Increase voucher applicant diversity by outreaching to the Santa Monica workforce with the goal of reaching employees who work 25 hours a week or more in Santa Monica.
Progress: A significant amount of voucher applicants continue to be households in the Santa Monica workforce. Current data from the SMHA’s waitlist indicates that among applicants that either live or work in Santa Monica (8,259), 37% (3,106 of 8,259) work in Santa Monica.
• Goal: Apply for mainstream vouchers, as they are available, to assist non-elderly persons living with disabilities.
Progress: No updates to report on mainstream vouchers as they were not were made available for the Santa Monica Housing Authority to apply. However, the SMHA accepted the responsibility to administer vouchers under the newly-created Emergency Housing Voucher (EHV) program beginning in late 2021, which prioritizes people
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Packet Pg. 372 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 2 experiencing homelessness, many of whom are non-elderly and living with disabilities.
The SMHA has an allocation of 104 EHVs. Additionally, the SMHA received an allocation of 15 vouchers under another newly-created program called Stability Vouchers. Stability Vouchers are targeted to persons living in, or recently living in, encampments in the City, many of whom are non-elderly and living with disabilities. • Goal: Continue to serve veterans and individuals experiencing homelessness by applying for Veterans Affairs Supportive Housing (VASH) and Continuum of Care vouchers, as they are available.
Progress: SMHA has 35 VASH vouchers, 20 of which were awarded on 2/1/2020.
SMHA relies on the Veterans Administration to connect veterans to available vouchers, and 22 of the vouchers are being utilized. Additionally, the SMHA continues to receive renewal funding for 239 Continuum of Care vouchers, of which 237 are being utilized. • Goal: Reduce barriers to housing by establishing a funding source to provide insurance to property owners who lease apartments to voucher holders with poor credit.
Progress: No updates to report.
• Goal: Explore options for outsourcing annual eligibility recertification work and shift staff focus to new admissions with the goal of fully utilizing the PHA’s budget authority and maintaining program quality.
Progress:
o SMHA contracted with Nan McKay (NMA) to conduct 500 annual recertifications, which were completed during 2021. This assisted the SMHA with handling an increased workload due to pandemic-related income loss affecting households and the associated interim reexaminations, which result in lowering tenants’ portion of rent. SMHA also expanded the contract with NMA to include eligibility determination for 300 waitlist applicants, which was completed in December 2021 and resulted in the issuance of more than 100 vouchers to new program participants.
o During 2022 and 2023, the SMHA has been focusing on the issuance of vouchers to residents who have been permanently displaced, or facing permanent displacement, from their Santa Monica housing. Additionally, beginning in late 2022, the SMHA had to shift focus to assume the responsibility of implementing the new Emergency Housing Voucher program targeting persons experiencing homelessness, and the work of reviewing applications, determining eligibility, issuing vouchers, approving lease-ups, and providing rental assistance.
Furthermore, during late 2023, the SMHA transitioned from Los Angeles Metropolitan Area Payment Standards to the more local and refined Small Area Payment Standards associated with Santa Monica’s five zip code areas, which represent significant increases in payment standard (i.e., rental assistance) amounts and increase budget utilization.
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Packet Pg. 373 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 3 o The SMHA continues to explore outsourcing opportunities aimed at enhancing access and improving customer service for clients and landlords. • Goal: Establish relationships with agencies that provide volunteer opportunities and employment services to assist participants who are unemployed or underemployed.
Progress: The SMHA continues to expand partnerships that support employment and volunteer opportunities for program participants. The Human Services Division currently contracts with Chrysalis, a local service provider that helps low-income and unhoused Santa Monicans overcome employment barriers, secure and retain jobs, build skills for career advancement, and work toward self-sufficiency. For volunteer opportunities, clients can connect with the Volunteer Collective.
• Goal: Expand opportunities to apply for housing by opening waitlists for the Housing Choice Voucher (HCV), Affordable Housing, and Preserving Our Diversity (POD) programs and keeping them open continuously.
Progress:
o On May 1, 2020, SMHA opened waitlists for the HCV program. As of this report the HCV waitlist has more than 40,000 applicants.
o On May 1, 2020, the Below Market Housing (BMH) program waitlist opened. As of this report, the BMH waitlist has more than 14,000 applicants. o The city continues to conduct outreach for the POD program to increase awareness and enrollment. The POD program provides cash assistance to very low-income seniors in rent-controlled apartments to prevent displacement. As of this report, the POD program has 213 participants receiving an average of $754 in monthly cash assistance.
o The POD program, supporting low-income senior renters (65+) in Santa Monica, implemented its first benefit increase since 2019 to address inflation. Effective May 2025, the adjustment raises average monthly assistance from $510 to $780 for 205 participants, helping offset rising costs for rent, food, and medicine. This increase, approved under the Emergency Order on Homelessness, is expected to exhaust the current $2 million budget. To expand the program and serve up to 100 additional seniors, a $1 million budget increase for FY 2024-25 will be proposed to the City Council.
• Goal: Maintain housing of low-income households by using available resources to prevent homelessness and support well-being of participants.
Progress:
o Since 2023, staff have been able to enroll 19 new households into the HOME voucher program, after creating program capacity by transitioning 26 households from the HOME voucher program to the Housing Choice Voucher program (also
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Packet Pg. 374 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 4 known as Section 8). Since 2020, the HOME program has served 105 households.
The HOME voucher program prioritizes residents who are at risk of losing their housing due to rent burden and other factors. Beginning in October 2022 and continuing through 2023, approximately 191 voucher households received [nonfederal] City rental assistance to reduce severe rent burden resulting from annual rent increases, through the City’s Rent Control Adjustment Relief program. o During 2021, the rehabilitation of a residential rental property containing 30 apartments and serving mostly low-income households, many of whom are in voucher programs, was completed.
o The Housing Division is developing proposals for a mandatory registry of all rental properties in the City, which will enable stronger enforcement of habitability standards to prevent displacement.
• Goal: Coordinate with Human Services and service providers to prevent eviction and displacement.
Progress:
o Santa Monica’s eviction prevention efforts include an ordinance that requires landlords to report all eviction attempts and a legal aid program that helps fund a local legal services office’s program to connect low-income families to an attorney in their eviction case. The City has also passed tenant protection laws and funded enforcement programs that protect key protected classes such as tenants with disabilities.
o As of July 2024, the city’s Housing and Human Services divisions have merged into one department for improved coordination and service delivery. SMHA staff work closely with the Human Services Division and other City teams (City Attorney’s office, Code Enforcement, Rent Control) to prevent eviction and displacement.
o The City provides funding to the Legal Aid Foundation of Los Angeles, which has an office in Santa Monica and represents low-income Santa Monica residents who face possible eviction and displacement. The City will propose allocating an additional $8 million in funding to support substantially more eviction defense legal services and rental assistance to enable more tenants to remain housed and avoid homelessness.
o The City provides funding to various social service providers, such as Wise and Healthy Aging, Disability Community Resource Center, St. Joseph Center, and The People Concern, who provide supportive services to low-income residents, including formerly-homeless individuals, to assist in preventing eviction and displacement. Housing staff regularly participate in case consultations with these agencies to help promote housing stability.
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Packet Pg. 375 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 5 • Goal: Conduct extensive marketing of the programs and provide education that reduces the stigma of needs-based programs.
Progress: Santa Monica continues to make progress on its 2021-2029 Housing Element goals, with a focus on expanding affordable and supportive housing. In 2024, significant strides were made, including the successful opening of The Laurel, providing 57 PSH apartments for formerly unhoused individuals. PSH projects on city-owned sites, such as 1318 4th St. and Wilshire Boulevard lots, are advancing, further addressing the city's commitment to build 1,880 affordable units. These developments highlight the city's dedication to improving housing stability and community well-being. • Goal: Develop a client-focused customer service policy.
Progress: The SMHA has made significant progress in developing a client-focused customer service policy aimed at fostering a more accessible, responsive, and supportive environment for clients and landlords. The policy prioritizes clear communication, timely responses to inquiries, and proactive engagement with program participants. Key components include establishing multiple channels for feedback, such as surveys and focus groups, implementing service benchmarks to track response times, and expanding access to in-person and virtual assistance through extended office hours and user-friendly online platforms. Staff training initiatives are also underway to reinforce a culture of empathy, professionalism, and accountability. These efforts are designed to ensure that all clients receive consistent, high-quality service while promoting transparency and trust in SMHA operations.
• Goal: Increase community integration for persons with disabilities Progress:
o On May 1, 2020 the BMH program waitlist opened, which seeks information regarding accommodations for applicants living with disabilities, and then matches applicants to affordable housing opportunities which can meet the applicant needs.
o SMHA supports community integration of persons with disabilities by referring voucher households to the City Attorney’s Office’s Consumer Protection Unit (CPU), which provides the Santa Monica community with a three-prong approach to eliminating housing discrimination against persons with disabilities: 1) Investigating fair housing complaints; 2) Providing public education with workshops about housing rights and responsibilities, newspapers articles, webpages, and then information by phone or email; and 3) Advising the City Council whether new legal protections might be needed. Regarding the first prong, for those investigations that show fair housing violations, then the CPU’s deputy city attorneys help resolve those informally or through litigation. • Goal: Promote civic engagement of recipients
Progress: The Santa Monica Housing Authority (SMHA) maintains regular engagement with all voucher program recipients, reaching out at least once annually. This outreach
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Packet Pg. 376 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan) 6 encourages active participation in revising and updating voucher administration policies and provides opportunities to engage with the Housing Commission and City Council.
On the afternoon of January 6, 2025, SMHA staff conducted a virtual session with recipients to inform and educate them about the SMHA’s Annual Plan process and upcoming opportunities for input on the FY2025-26 Annual and Administrative Plans.
Later, on the evening of February 8, 2024, staff presented at the monthly Housing Commission meeting, offering a detailed explanation of the Annual Plan process and further opportunities for community input.
Additionally, in March 2024, SMHA opened a dedicated Housing Office to facilitate inperson visits and began holding weekly evening office hours to accommodate working families.
• Goal: Reduce barriers to housing by increasing total supply of housing for voucher holders to potentially access.
Progress: During 2021 and 2022, three City-funded affordable housing developments totaling 116 apartments were completed (1820 14th St., 1145 10th St., and 2120 Lincoln Blvd.), which provide new opportunities for voucher holders. Additionally, two more City-funded affordable housing developments totaling 121 apartments were completed (1834 14th St., 1819 Pico Blvd.) during 2023, and one City-funded affordable housing development totaling 58 apartments estimated for completion in April 2024 (1413 Michigan Ave.), provide new opportunities for voucher holders. Furthermore, 106 affordable apartments within otherwise market-rate buildings created pursuant to zoning policies (known as inclusionary housing) were completed since 2020, and an additional 167 affordable inclusionary apartments are under construction. In 2024, the City Council approved the DDAs and Ground Leases for the development of affordable housing on City-owned sites totaling 252 affordable housing residences, including 90 PBVs for PSH apartments.
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Packet Pg. 377 Attachment: Annual Plan Fiscal Year 2025-2026 [Revision 1] (6708 : SMHA 5-Year Plan / SMHA PHA Plan)
SANTA MONICA HOUSING AUTHORITY
ADMINISTRATIVE PLAN
(Proposed FY 2025-26)
Approved by the HA Board of Commissioners: April 9, 2025 Submitted to HUD: April 17, 2025
Approved by HUD:
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Packet Pg. 378 Attachment: Draft Administrative Plan FY 2025-2026 2 (6708 : SMHA 5-Year Plan / SMHA PHA Plan) Copyright 2024 by Nan McKay & Associates, Inc.
All rights reserved
Permission to reprint granted only to the Public Housing Authority or Housing Agency that has purchased this plan from Nan McKay & Associates, Inc. This document may not be reprinted or distributed to any other person or entity other than the purchasing agency without the express written permission of Nan McKay & Associates, Inc.
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Packet Pg. 379 Attachment: Draft Administrative Plan FY 2025-2026 2 (6708 : SMHA 5-Year Plan / SMHA PHA Plan) © Copyright 2024 Nan McKay & Associates, Inc.
Unlimited copies may be made for internal use.
Intro-i
Introduction
HOTMA CHANGES IN THE ADMINSTRATIVE PLAN
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs.
HOTMA 102/104
HUD published a final rule on February 14, 2023, revising regulations related to income, assets, adjusted income, verification, and reexams (among others) to implement Sections 102 and 104 of HOTMA. While the new regulations were effective January 1, 2024, HUD has delayed the compliance date for HOTMA 102/104. Initially, HUD published a delayed compliance date of January 1, 2025, but HUD again delayed the compliance date for HOTMA 102/104and no new date has been provided. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA 102/104 regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to comply with HOTMA 102/104 because compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA-compliant Form HUD-50058). PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible. However, HUD has determined that a few HOTMA 102/104 policies are not dependent on transition systems and easily isolated from other HOTMA 102/104 policy changes. These policies may be implemented prior to the migration to HIP.
HUD stated that PHAs may update their policy documents before determining the date at which they will transition to all HOTMA Section 102 and 104 policies. HUD stated that in order to update their policy documents for HOTMA in this circumstance, PHAs may create an appendix that contains the HOTMA policies that will be incorporated at a later date. The model policy adopts such an approach. HOTMA 102/104 policies are provided in each affected area of the model policy. However, with the exception of the policies HUD has indicated may be adopted early, HOTMA policies that are “on hold” are indicated in the model policy as such. Further, an appendix has been provided to explicitly call out those policies that are on hold.
HOTMA VOUCHER FINAL RULE
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make
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all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities.
Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2`024, the model policy states that certain policies are not effective until a specific date.
ABOUT THE ADMINISTRATIVE PLAN
REFERENCES CITED IN THE ADMINISTRATIVE PLAN
The authority for PHA policies is derived from many sources. Primary among these sources are federal statutes, federal regulations, and guidance issued by HUD. State law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions.
HUD
HUD provides the primary source of PHA policy through federal regulations, HUD notices, and handbooks. Compliance with federal regulations, current HUD notices, and current HUD handbooks is mandatory.
HUD also provides guidance to PHAs through other means such as HUD-published guidebooks, expired HUD notices, and expired handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy.
Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a “safe harbor.” Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program.
State Law
Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law.
Industry Practice
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Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs.
NSPIRE AND HQS IN THE ADMINISTRATIVE PLAN
The PHA must determine that the rental unit selected by the family is in safe and habitable condition at certain times prescribed by the regulations. The current applicable inspection standard for the HCV and PBV programs is Housing Quality Standards (HQS). On May 11, 2023, HUD published a final rule implementing the National Standards for the Physical Inspection of Real Estate (NSPIRE final rule), a new approach to defining and assessing housing quality across multiple HUD programs. 24 CFR 5.703 describes the NSPIRE standards, including variations for the HCV and PBV programs. Notice PIH 2023-28 finalized the administrative procedures for NSPIRE as they pertain specifically to the HCV and PBV programs. Collectively, this is known as “NSPIRE-V.”
The compliance date for NSPIRE-V is no later than October 1, 2025, at which point the HQS inspection standard will sunset. PHAs may, however, implement NSPIRE-V prior to October 1, 2025, provided they do so in accordance with requirements in FR Notice 7/5/24.
However, even once the HQS inspection standard has sunset, the regulations at 24 CFR Part 982 and 983 governing the HCV and PBV programs will continue to use the terms HQS and housing quality standards rather than NSPIRE. This is because, the definition of housing quality standards (HQS) at 24 CFR 982.4 means the minimum quality standards developed by HUD in accordance with 24 CFR 5.703 for the HCV program, including any variations approved by HUD for the PHA. As such, the model policy uses the term housing quality standards whenever applicable regulations use this term. Except in the chapter describing HQS, the acronym HQS is not used in the model policy in order to avoid confusion between the umbrella term meaning housing standards and the specific inspection protocol. The model policy only uses the term NSPIRE when referring to specific NSPIRE standards.
HOTMA SECTIONS 102 AND 104 CHANGES IN THE MODEL POLICY
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. HUD published a final rule on February 14, 2023, revising regulations related to income and assets (Sections 102 and 104 of HOTMA). While the new income and asset regulations were effective January 1, 2024, PHAs were instructed to select a compliance date no later than January 1, 2025. Compliance with Sections 102 and 104 of HOTMA means not only applying HOTMA regulations to affected programs but also reporting in HUD’s new Housing Information Portal (HIP) system. Currently, PHAs remain unable to select a compliance date because HOTMA compliance depends on transitioning from HUD’s IMS/PIC system (which is unable to accept HOTMA-compliant Form HUD-50058) to HUD’s new HIP system (which will be the only system that accepts HOTMA12.A.c Packet Pg. 382 Attachment: Draft Administrative Plan FY 2025-2026 2 (6708 : SMHA 5-Year Plan / SMHA PHA Plan) © Copyright 2024 Nan McKay & Associates, Inc.
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compliant Form HUD-50058). Because HOTMA-compliant reexaminations cannot be successfully submitted to IMS/PIC, HUD advised PHAs not to begin conducting reexaminations under HOTMA rules without further information on when the new HOTMA-compliant Form HUD-50058 in HIP will be available. PHAs cannot transition to HOTMA until HIP is in place, HOTMA-compliant, and accessible.
HOTMA VOUCHER FINAL RULE CHANGES IN THE MODEL POLICY
The final rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA, as well as incorporating changes from the NSPIRE final rule discussed above. The rule is known as the “HOTMA voucher final rule.” The effective date of the HOTMA voucher final rule was June 6, 2024. While the compliance date for certain provisions of the rule is the same as the effective date, the compliance date for other provisions is not until 90 days, 180 days, or one year after the effective date. Further, many new changes to the regulations described in the HOTMA voucher final rule require changes to the PHA’s administrative plan. PHAs must make all revisions needed to bring existing policies into compliance with the final rule no later than June 6, 2025 (one year after the effective date). However, if a PHA wishes to use program flexibilities requiring adoption of new local policies not already present in the PHA’s administrative plan, the PHA must add those policies to the administrative plan prior to using those program flexibilities. Further, the delayed compliance date for policies of June 6, 2025, does not authorize delayed compliance with the provisions of the rule. PHAs that choose not to bring their policies into compliance with the rule until June 6, 2025, must still implement each provision on its compliance date.
In order to identify those provisions of the final rule that are not effective until after June 6, 2024, the model policy states that certain policies are not effective until a specific date.
RESOURCES CITED IN THE ADMINISTRATIVE PLAN
The administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the administrative plan or that may be helpful to you.
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HUD HCV Guidebook
In November 2019 HUD began issuing a new version of the HCV Guidebook chapter-by-chapter.
Unlike the previous version of the HCV Guidebook in which chapters were numbered, the new version of the guidebook includes chapter names, but no numbers. As the new version of the guidebook has not yet been fully released, and since the previous version of the guidebook contains guidance not found in the new version, the policy cites both versions of the guidebook.
Therefore, where the HCV Guidebook is cited in the policy, the citation will make a distinction between the “old” and “new” versions of the guidebook. The “old” version of the guidebook will continue to be cited as HCV GB with a chapter/page reference (example: HCV GB, p. 5-4). If HUD has also released a new chapter on the same topic with information that either adds new information or updates existing information from the previous guidebook, the new guidebook will be cited as New HCV GB with a chapter title and page reference (example: New HCV GB, Payment Standards, p. 11). On September 29, 2023, HUD issued Notice PIH 2023-27 to implement sections 102 and 104 of the Housing Opportunity Through Modernization Act of 2016 (HOTMA). The notice supersedes relevant portions of the guidebook, specifically the chapters on eligibility, denials, and annual reexaminations and interim reexaminations. Where chapters have not been altered by the HOTMA implementation notice, the model policy continues to cite the HCV Guidebook.
Abbreviations
Throughout the administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the administrative plan.
Abbreviation Document
CFR Code of Federal Regulations
HCV GB Housing Choice Voucher Program Guidebook (7420.10G), April 2001.
New HCV GB Housing Choice Voucher Program Guidebook (7420.10G), Various dates of release
HUD-50058 IB HUD-50058 Instruction Booklet
RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions.
VG PIH Notice 2004-01 Verification Guidance, March 9, 2004.
HB 4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs Resources and Where to Find Them
The HUD website is https://www.hud.gov/
Guidebooks, handbooks, and other HUD resources may be found at the HUDClips website:
https://www.hud.gov/program_offices/administration/hudclips
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Following is a list of resources helpful to the PHA or referenced in the administrative plan, and the online location of each.
Document and Location
Code of Federal Regulations
https://www.ecfr.gov/
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule
http://edocket.access.gpo.gov/2008/pdf/E8-19435.pdf
Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data
https://www.hud.gov/sites/documents/EIVSECGUIDEPHA.PDF
Executive Order 11063
https://www.archives.gov/federal-register/codification/executive-order/11063.html Federal Register
https://www.federalregister.gov/
Housing Choice Voucher Program Guidebook (7420.10G), Updated Chapters https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/guidebook HOTMA Final Rule
https://www.federalregister.gov/documents/2023/02/14/2023-01617/housing-opportunitythrough-modernization-act-of-2016-implementation-of-sections-102-103-and104?utm_campaign=subscription+mailing+list&utm_source=federalregister.gov&utm_medium =email
HOTMA Implementation Notice, PIH 2023-27
https://www.hud.gov/sites/dfiles/OCHCO/documents/2023-27pihn.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Justice, issued May 17, 2004
https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/joint_statement_ra.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007
https://www.lep.gov/guidance/HUD_guidance_Jan07.pdf
Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice https://www.hud.gov/sites/documents/DOC_8993.PDF
Notice PIH 2017-12, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System
https://www.hud.gov/sites/documents/PIH2017-12EIVNOTICE.PDF VAWA Resources
https://www.hud.gov/vawa
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Introduction
ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
PART I: THE PHA .............................................................................................................................. 1-2 1-I.A. Overview ............................................................................................................ 1-2 1-I.B. Organization and Structure of the PHA ............................................................. 1-2 1-I.C. PHA Mission ....................................................................................................... 1-2 1-I.D. The PHA’s Programs .......................................................................................... 1-2 1-I.E. The PHA’s Commitment to Ethics and Service .................................................. 1-3 PART II: THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM ......................................... 1-4 1-II.A. Overview and History of the Program ............................................................... 1-4 1-II.B. Program Basics .................................................................................................. 1-5 1-II.C. The Section 8 HCV Partnerships ........................................................................ 1-6 1-II.D. Applicable Regulations .................................................................................... 1-10 PART III: THE SECTION 8 HCV ADMINISTRATIVE PLAN .................................................................... 1-11 1-III.A. Overview and Purpose of the Plan .................................................................. 1-11 1-III.B. Contents of the Plan (24CFR 982.54) .............................................................. 1-11 1-III.C. Organization of the Plan .................................................................................. 1-13 1-III.D. Updating and Revising the Plan ....................................................................... 1-13
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Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
PART I: NONDISCRIMINATION ......................................................................................................... 2-2 2-I.A. Overview ............................................................................................................ 2-2 2-I.B. Nondiscrimination ............................................................................................. 2-3 2-I.C. Discrimination Complaints ................................................................................ 2-4 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES ........................................................... 2-6 2-II.A. Overview ............................................................................................................ 2-6 2-II.B. Definition of Reasonable Accommodation ........................................................ 2-7 2-II.C. Request for an Accommodation ........................................................................ 2-8 2-II.D. Verification of Disability .................................................................................... 2-9 2-II.E. Approval/Denial of a Requested Accommodation ....................................... 2-10 2-II.F. Program Accessibility for Persons with Hearing
or Vision Impairments .................................................................................... 2-11 2-II.G. Physical Accessibility ....................................................................................... 2-12 2-II.H. Denial or Termination of Assistance ................................................................ 2-13 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) .................................................................................................................................. 2-12 2-III.A. Overview .......................................................................................................... 2-14 2-III.B. Oral Interpretation .......................................................................................... 2-15 2-III.C. Written Translation ......................................................................................... 2-16 2-III.D. Implementation Plan ....................................................................................... 2-17 Exhibit 2-1: Definition of a Person with a Disability Under Federal Civil Rights Laws [24 CFR Parts 8.3, and 100.201] ....................................................................................... 2-18 Exhibit 2-2: Santa Monica Housing Authority Language Assistance Plan ............................................ 2-20
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Chapter 3
ELIGIBILITY
PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS ...................................................... 3-2 3-I.A. Overview ............................................................................................................ 3-2 3-I.B. Family and Household [24 CFR 982.201(c); FR Notice 02/03/12; Notice PIH 2014-20] .......................................................................................... 3-2 3-I.C. Family Breakup and Remaining Member of Tenant Family .............................. 3-3 3-I.D. Head of Household [24 CFR 5.504(b)] ............................................................... 3-4 3-I.E. Spouse, Cohead, and Other Adult .................................................................... 3-4 3-I.F. Dependents and Minors [24 CFR 5.603] ............................................................ 3-5 3-I.G. Full-Time Student [24 CFR 5.603, HVC GB, p. 5-29] .......................................... 3-6 3-I.H. Elderly and Near-Elderly Persons, and Elderly Family [24 CFR 5.100 and 5.403, FR Notice 02/03/12] ................................................. 3-6 3-I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403, FR Notice 02/03/12] .......................................................................................... 3-7 3-I.J. Guests [24 CFR 5.100] ........................................................................................ 3-7
3.I.K. Foster Children and Foster Adults ..................................................................... 3-8 3-I.L. Absent Family Members .................................................................................... 3-9 3-I.M. Live-In Aide ...................................................................................................... 3-11 PART II: BASIC ELIGIBILITY CRITERIA ............................................................................................... 3-12 3-II.A. Income Eligibility and Targeting ...................................................................... 3-12 3-II.B. Citizenship or Eligible Immigration Status [24 CFR 5, Subpart E] .................... 3-15 3-II.C. Social Security Numbers [24 CFR 5.216 and 5.218, Notice PIH 2012-10] ........................................................................................ 3-18 3-II.D. Family Consent to Release of Information [24 CFR 5.230; HCV GB, p. 5-13] .............................................................................................. 3-19 3-II.E. Students Enrolled in Institutions of Higher Education [24 CFR 5.612, FR Notice 4/10/06] .................................................................. 3-20 3-II.F. EIV SYSTEM SEARCHES .................................................................................... 3-24
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PART III: DENIAL OF ASSISTANCE ..................................................................................................... 3-27 3-III.A. Overview .......................................................................................................... 3-27 3-III.B. Mandatory Denial of Assistance [24 CFR 982.553(a)] ..................................... 3-28 3-III.C. Restriction on Assistance Based on Assets [24 CFR 5.618] ............................. 3-31 3-III.D. Other Permitted Reasons for Denial of Assistance ......................................... 3-32 3-III.E. Screening ......................................................................................................... 3-35 3-III.F. Criteria for Deciding to Deny Assistance ......................................................... 3-37 3-III.G. Notice of Eligibility or Denial ........................................................................... 3-40 3-III.H. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Human Trafficking ............................. 3-41 Exhibit 3-1: Detailed Definitions Related to Disabilities ....................................................................... 3-43 Exhibit 3-2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] .............................. 3-46
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Chapter 4
APPLICATIONS, WAITING LIST AND TENANT SELECTION
PART I: THE APPLICATION PROCESS ................................................................................................ 4-2 4-I.A. Overview ............................................................................................................ 4-2 4-I.B. Applying for Assistance
[HCV GB, pp. 4-11 – 4-16, Notice PIH 2009-36] ................................................. 4-2 4-I.C. Accessibility of the Application Process ............................................................ 4-2 4-I.D. Placement on the Waiting List ........................................................................... 4-3 PART II: MANAGING THE WAITING LIST ........................................................................................... 4-5 4-II.A. Overview ............................................................................................................ 4-5 4-II.B. Organization of the Section 8 HCV Waiting List [24 CFR 982.204 and 205] ...... 4-5 4-II.C. Opening and Closing the Waiting List [24 CFR 982.206] ................................... 4-6 4-II.D. Applicant Outreach [HCV GB, pp. 4-2 to 4-4] .................................................... 4-7 4-II.E. Reporting Changes in Family Circumstances ..................................................... 4-8 4-II.F. Updating the Waiting List [24 CFR 982.204]...................................................... 4-8 PART III: SELECTION FOR SECTION 8 HCV ASSISTANCE ................................................................... 4-10 4-III.A. Overview .......................................................................................................... 4-10 4-III.B. Selection and Section 8 HCV Funding Sources ................................................ 4-10 4-III.C. Selection Method ............................................................................................ 4-11 4-III.D. Notification of Selection .................................................................................. 4-15 4-III.E. The Application Interview ............................................................................... 4-14 4-III.F. Completing the Application Process ................................................................ 4-17 Exhibit 4-1: PHA’s Section 8 HCV Waitlist & Hierarchy of Preferences ................................................ 4-18
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Chapter 5
BRIEFINGS AND VOUCHER ISSUANCE
PART I: BRIEFINGS AND FAMILY OBLIGATIONS ............................................................................... 5-2 5-I.A. Overview ............................................................................................................ 5-2 5-I.B. Briefing [24 CFR 982.301] .................................................................................. 5-2 5-I.C. Family Obligations ............................................................................................ 5-8 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE .............................................................. 5-12 5-II.A. Overview .......................................................................................................... 5-12 5-II.B. Determining Family Unit (Voucher) Size [24 CFR 982.402] ............................. 5-12 5-II.C. Exceptions to Subsidy Standards ..................................................................... 5-14 5-II.D. Voucher Issuance [24 CFR 982.302] ................................................................ 5-15 5-II.E. Voucher Term and Extensions ......................................................................... 5-16
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Chapter 6
INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982]
PART I: ANNUAL INCOME ................................................................................................................ 6-2 6-I.A. Overview [24 CFR 5.609] ................................................................................... 6-2 6-I.B. Household Composition and Income ................................................................ 6-3 6-I.C. Calculating Annual Income ............................................................................... 6-6 6-I.D. Earned Income ................................................................................................... 6-7 6-I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617; Streamlining Final Rule (SFR)
Federal Register 3/8/16; Notice PIH 2023-27] .................................................. 6-9 6-I.F. Business and Self-Employment Income
[24 CFR 5.609(b)(28); Notice PIH 2023-27] ..................................................... 6-10 6-I.G. Student Financial Assistance [FR Notice 2/14/23 and Notice PIH 2023-27] ... 6-12 6-I.H. Periodic Payments ........................................................................................... 6-18 6-I.I. Nonrecurring Income [24 CFR 5.609(b)(24) and Notice PIH 2023-27] ............ 6-20 6-I.J. Welfare Assistance .......................................................................................... 6-22 6-I.K. State Payments to Allow Individuals With Disabilities to Live at Home [24 CFR 5.609(b)(19)] ............................................................ 6-22 6-I.L. Civil Rights Settlements [24 CFR 5.609(b)(25); FR Notice 2/14/23] ................ 6-22 6-I.M. Additional Exclusions from Annual Income [24 CFR 5.609(b)] ........................ 6-23 PART II: ASSETS ............................................................................................................................... 6-28 6-II.A. Overview .......................................................................................................... 6-28 6-II.B. Assets Disposed of for Less Than Fair Market Value [24 CFR 5.603(b)(2)]...... 6-29 6-II.C. Asset Inclusions and Exclusions ....................................................................... 6-31 6-II.D. Determining Income from Assets .................................................................... 6-38 PART III: ADJUSTED INCOME ........................................................................................................... 6-39 6-III.A. Overview .......................................................................................................... 6-39 6-III.B. Dependent Deduction ..................................................................................... 6-40
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6-III.C. Elderly Or Disabled Family Deduction ............................................................. 6-40 6-III.D. Health and Medical Care Expenses Deduction
[24 CFR 5.611(a)(3)(i) and 5.603(b)] ................................................................ 6-41 6-III.E. Disability Assistance Expenses Deduction
[24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] ................................................... 6-43 6-III.F. Child Care Expense Deduction ......................................................................... 6-45 6-III.G. Hardship Exemptions [24 CFR 5.611(c), (d), and (e)] ...................................... 6-48 6-III.H. Permissive Deductions [24 CFR 5.611(b)(1)(ii)] ............................................... 6-53 PART IV: CALCULATING FAMILY SHARE AND PHA SUBSIDY ............................................................ 6-54 6-IV.A. Overview of Rent and Subsidy Calculations .................................................... 6-54 6-IV.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] ......................... 6-56 6-IV.C. Applying Payment Standards [24 CFR 982.505; 982.503(b)] .......................... 6-59 6-IV.D. Applying Utility Allowances [24 CFR 982.517] ................................................. 6-61 6-IV.E. Prorated Assistance for Mixed Families [24 CFR 5.520] .................................. 6-62 Exhibit 6-1: Annual Income Full Definition ........................................................................................... 6-63 Exhibit 6-2: Treatment of Family Assets ............................................................................................... 6-68 Exhibit 6-3: The Effect of Welfare Benefit Reduction .......................................................................... 6-69
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Chapter 7
VERIFICATION
[24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230, Notice PIH 2023-27] PART I: GENERAL VERIFICATION REQUIREMENTS ........................................................................... 7-2 7-I.A. Family Consent to Release of Information [24 CFR 982.516; 982.551; CFR 5.230; and Notice PIH 2023-27] ................................................................................... 7-2 7-I.B. Use of Other Programs’ Income Determinations [24 CFR 5.609(c)(3) and Notice PIH 2023-27] ...................................................................................................... 7-3 7-I.C. Streamlined Income Determinations
[24 CFR 960.257(c); Notice PIH 2023-27] .......................................................... 7-7 7-I.D. Verification Hierarchy [Notice PIH 2023-27] ..................................................... 7-8 7-I.E. Level 5 and 6 Verification: Up-Front Income Verification (UIV) ....................... 7-9 7-I.F. Level 4 Verification [Notice PIH 2023-27] ....................................................... 7-13 7-I.G. Level 3 Verification: Written, Third-Party Form [Notice PIH 2023-27] ........... 7-15 7-I.H. Level 2: Oral Third-Party Verification [Notice PIH 2023-27] ............................ 7-15 7-I.I. Level 1: Non-Third-Party Verification Technique: Self-Certification [Notice PIH 2023-27] ....................................................................................... 7-17 PART II: VERIFYING FAMILY INFORMATION ................................................................................... 7-18 7-II.A. Verification of Legal Identity ........................................................................... 7-18 7-II.B. Social Security Numbers [24 CFR 5.216, Notice PIH 2023-27] ....................... 7-18 7-II.C. Documentation of Age .................................................................................... 7-21 7-II.D. Family Relationships ........................................................................................ 7-21 7-II.E. Verification of Student Status ......................................................................... 7-22 7-II.F. Documentation of Disability ............................................................................ 7-24 7-II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] .............................. 7-25 7-II.H. Verification of Preference Status .................................................................... 7-27
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PART III: VERIFYING INCOME AND ASSETS ...................................................................................... 7-29 7-III.A. Earned Income ................................................................................................. 7-29 7-III.B. Business and Self Employment Income ........................................................... 7-29 7-III.C. Periodic Payments and Payments In Lieu of Earnings ..................................... 7-30 7-III.D. Alimony or Child Support [Notice PIH 2023-27] .............................................. 7-31 7-III.E. Nonrecurring Income [Notice PIH 2023-27] .................................................... 7-31 7-III.F. Assets and Income from Assets ...................................................................... 7-32 7-III.G. Assets Disposed of for Less Than Fair Market Value ...................................... 7-34 7-III.H. Net Income from Rental Property .................................................................. 7-34 7-III.I. Federal Tax Refunds Or Refundable Tax Credits [Notice PIH 2023-27]........... 7-35 7-III.J. Retirement Accounts ...................................................................................... 7-35 7-III.K. Income from Excluded Sources [Notice PIH 2023-27]..................................... 7-36 7-III.L. Zero Income Status Reviews [Notice PIH 2023-27] ......................................... 7-37 7-III.M. Student Financial Assistance [24 CFR 5.609(b)(9)] .......................................... 7-38 7-III.N. Parental Income of Students Subject to Eligibility Restrictions ...................... 7-39 PART IV: VERIFYING MANDATORY DEDUCTIONS ............................................................................ 7-40 7-IV.A. Dependent and Elderly/Disabled Household Deductions ............................... 7-40 7-IV.B. Health and Medical Care Expense Deduction ................................................ 7-41 7-IV.C. Disability Assistance Expenses ......................................................................... 7-43 7-IV.D. Child Care Expenses ......................................................................................... 7-45 Exhibit 7-1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5-9 and 5-10] ............................................................................................... 7-47
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Chapter 8
HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR 982.507]
PART I: PHYSICAL STANDARDS ........................................................................................................ 8-2 8-I.A. General HUD Requirements .............................................................................. 8-2 8-I.B. Additional Local Requirements ......................................................................... 8-4 8-I.C. Life-Threatening Conditions [24 CFR 982.404(a); FR Notice 1/18/17] .............. 8-6 8-I.D. Owner and Family Responsibilities [24 CFR 982.404] ....................................... 8-8 8-I-E. Special Requirements for Children With Elevated Blood Lead Level [24 CFR 35.1225; FR Notice 1/13/17; Notice PIH 2017-13] .............................. 8-9 8-I-F. Violation of HQS Space Standards [24 CFR 982.401, 24 CFR 982.403] ............. 8-9 8-I-G. Bed Bug Infestation [Notice PIH 2012-5] ......................................................... 8-10 PART II: THE INSPECTION PROCESS ................................................................................................ 8-12 8-II.A. Overview [24 CFR 982.405] ............................................................................. 8-12 8-II.B. Initial HQS Inspection [24 CFR 982.401(a)] ..................................................... 8-14 8-II.C. Annual/Biennial HQS Inspections [24 CFR 982.405; 982.406, Notice PIH 2016-05] ........................................................................................ 8-16 8-II.D. Special Inspections [24 CFR 982.405(g)] .......................................................... 8-16 8-II.E. Quality Control Inspections
[24 CFR 982.405(b); 24 CFR 985.3(e); HCV GB, p. 10-32] ................................ 8-17 8-II.F. Inspection Results and Reinspections for Units Under Contract .................... 8-17 8-II.G. Enforcing Owner Compliance .......................................................................... 8-20 8-II.H. Enforcing Family Compliance with HQS [24 CFR 982.404(b)] ......................... 8-21 PART III: RENT REASONABLENESS [24 CFR 982.507] ....................................................................... 8-22 8-III.A. Overview .......................................................................................................... 8-22 8-III.B. When Rent Reasonableness Determinations Are Required ............................ 8-23 8-III.C. How Comparability Is Established ................................................................... 8-25 8-III.D. PHA Rent Reasonableness Methodology ........................................................ 8-26
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Exhibit 8-1: Overview of HUD Housing Quality Standards ................................................................... 8-27 Exhibit 8-2: Summary of Tenant Preference Areas Related to Housing Quality .................................. 8-30
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Chapter 9
GENERAL LEASING POLICIES
9-I.A. Tenant Screening ............................................................................................... 9-2 9-I.B. Requesting Tenancy Approval [Form HUD-52517] ........................................... 9-3 9-I.C. Owner Participation .......................................................................................... 9-3 9-I.D. Eligible Units ...................................................................................................... 9-5 9-I.E. Lease and Tenancy Addendum .......................................................................... 9-8 9-I.F. Tenancy Approval [24 CFR 982.305]................................................................ 9-12 9-I.G. HAP Contract Execution [24 CFR 982.305] ...................................................... 9-13 9-I.H. Changes in Lease or Rent [24 CFR 982.308] .................................................... 9-15
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Chapter 10
MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY
PART I: MOVING WITH CONTINUED ASSISTANCE ......................................................................... 10-2 10-I.A. Allowable Moves ............................................................................................. 10-2 10-I.B. Restrictions on Moves ..................................................................................... 10-4 10-I.C. Moving Process ................................................................................................ 10-7 PART II: PORTABILITY ...................................................................................................................... 10-9 10-II.A. Overview .......................................................................................................... 10-9 10-II.B. Initial PHA Role .............................................................................................. 10-10 10-II.C. Receiving PHA Role ........................................................................................ 10-16
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Chapter 11
REEXAMINATIONS
PART I: ANNUAL REEXAMINATIONS [24 CFR 982.516] .................................................................. 11-2 11-I.A. Overview .......................................................................................................... 11-2 11-I.B Scheduling Annual Reexaminations ............................................................... 11-2 11-I.C. Conducting Annual Reexaminations ............................................................... 11-3 11-I.D. Determining Ongoing Eligibility of Certain Students [24 CFR 982.552(b)(5)] . 11-5 11-I.E. Calculating Annual Income at Annual Reexamination [24 CFR 5.609(c)(2) and Notice PIH 2023-27] ........................................................................................ 11-6 11-I.F. Effective Dates ................................................................................................. 11-8 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516; Notice PIH 2023-27] ............................... 11-9 11-II.A. Overview .......................................................................................................... 11-9 11-II.B. Changes In Family and Household Composition ............................................. 11-9 11-II.C. Changes Affecting Income or Expenses ......................................................... 11-11 11-II.D. Effective Dates [24 CFR 982.516(e) and Notice 2023-27] ............................. 11-14 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT .............................................. 11-16 11-III.A. Overview ........................................................................................................ 11-16 11-III.B. Changes In Payment Standards and Utility Allowances ................................ 11-16 11-III.C. Notification of New Family Share and HAP Amount ..................................... 11-17 11-III.D. Discrepancies ................................................................................................. 11-18 PART IV: NON-INTERIM REEXAMINATION TRANSACTIONS [Notice PIH 2023-27] ........................ 11-19 Exhibit 11-1: CALCULATING INCOME AT ANNUAL REEXAMINATION .................................................. 11-20
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Chapter 12
TERMINATION OF ASSISTANCE AND TENANCY
PART I: GROUNDS FOR TERMINATION OF ASSISTANCE ................................................................ 12-2 12-I.A. Overview .......................................................................................................... 12-2 12-I.B. Family No Longer Requires Assistance [24 CFR 982.455]................................ 12-2 12-I.C. Family Chooses to Terminate Assistance ........................................................ 12-2 12-I.D. Mandatory Termination of Assistance ............................................................ 12-3 12-I.E. Mandatory Policies and Other Authorized Terminations ............................... 12-7 PART II: APPROACH TO TERMINATION OF ASSISTANCE ............................................................... 12-11 12-II.A. Overview ........................................................................................................ 12-11 12-II.B. Method of Termination [24 CFR 982.552(a)(3)] ............................................ 12-11 12-II.C. Alternatives to Termination of Assistance .................................................... 12-11 12-II.D. Criteria for Deciding to Terminate Assistance ............................................... 12-12 12-II.E. Terminations Related to Domestic Violence, Dating Violence, Sexual Assault, Stalking, Or Human Trafficking ...................................................................... 12-14 12-II.F. Termination Notice ........................................................................................ 12-18 PART III: TERMINATION OF TENANCY BY THE OWNER ................................................................. 12-19 12-III.A. Overview ........................................................................................................ 12-19 12-III.B. Grounds for Owner Termination of Tenancy [24 CFR 982.310, 24 CFR 5.2005(c), and Form HUD-52641-A, Tenancy Addendum] ............................................. 12-19 12-III.C. Eviction [24 CFR 982.310(e) and (f) and Form HUD-52641-A, Tenancy Addendum] ..................................................................................... 12-21 12-III.D. Deciding Whether to Terminate Tenancy
[24 CFR 982.310(h), 24 CFR 982.310(h)(4)] ................................................... 12-22 12-III.E. Effect of Tenancy Termination on the Family’s Assistance ........................... 12-23 Exhibit 12-1: Statement of Family Obligations ..................................................................................... 12-24
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Chapter 13
OWNERS
PART I: OWNERS IN THE PROGRAM .............................................................................................. 13-2 13-I.A. Owner Recruitment and Retention [HCV GB, pp. 2-4 to 2-6; HCV Landlord Strategy Guidebook for PHAs] ......................................................................... 13-2 13-I.B. Basic HCV Program Requirements .................................................................. 13-3 13-I.C. Owner Responsibilities [24 CFR 982.452] ........................................................ 13-5 13-I.D. Owner Qualifications ....................................................................................... 13-6 13-I.E. Non-Discrimination [HAP Contract – Form HUD-52641] ................................ 13-9 PART II: HAP CONTRACTS ............................................................................................................. 13-10 13-II.A. Overview ........................................................................................................ 13-10 13-II.B. HAP Contract Contents .................................................................................. 13-10 13-II.C. HAP Contract Payments ................................................................................ 13-12 13-II.D. Breach of Contract [24 CFR 982.453] ............................................................ 13-14 13-II.E. HAP Contract Term and Terminations ........................................................... 13-15 13-II.F. Change In Ownership / Assignment of the HAP Contract [HUD-52641] .................................................................................................. 13-16 13-II.G. Foreclosure [Notice PIH 2010-49] ................................................................. 13-17
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Chapter 14
PROGRAM INTEGRITY
PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE .......... 14-2 14-I.A. Preventing Errors and Program Abuse ............................................................ 14-2 14-I.B. Detecting Errors and Program Abuse .............................................................. 14-3 14-I.C. Investigating Errors and Program Abuse ......................................................... 14-4 PART II: CORRECTIVE MEASURES AND PENALTIES ......................................................................... 14-6 14-II.A. Subsidy Under- or Overpayments ................................................................... 14-6 14-II.B. Family-Caused Errors and Program Abuse ...................................................... 14-6 14-II.C. Owner-Caused Error or Program Abuse .......................................................... 14-8 14-II.D. PHA-Caused Errors or Program Abuse ............................................................ 14-9 14-II.E. Criminal Prosecution ..................................................................................... 14-10 14-II.F. Fraud and Program Abuse Recoveries .......................................................... 14-11
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Chapter 15
SPECIAL HOUSING TYPES
[24 CFR 982 Subpart M; New HCV GB, Special Housing Types] PART I: SINGLE ROOM OCCUPANCY [24 CFR 982.602 through 982.605] ...................................... 15-2 15-I.A. Overview .......................................................................................................... 15-2 15-I.B. Payment Standard, Utility Allowance, and HAP Calculation ........................... 15-2 15-I.C. Housing Quality Standards (HQS) .................................................................... 15-2 PART II: CONGREGATE HOUSING [24 CFR 982.606 through 982.609; Form HUD-52641; New HCV GB, Special Housing Types, p. 6] ....................................................................................... 15-4 15-II.A. Overview .......................................................................................................... 15-4 15-II.B. Payment Standard, Utility Allowance, and HAP Calculation ........................... 15-4 15-II.C. Housing Quality Standards .............................................................................. 15-4 PART III: GROUP HOME [24 CFR 982.610 through 982.614; Form HUD-52641; New HCV GB, Special Housing Types, p. 8] ......................................................................................................... 15-5 15-III.A. Overview .......................................................................................................... 15-5 15-III.B. Payment Standard, Utility Allowance, and HAP Calculation ........................... 15-5 15-III.C. Housing Quality Standards .............................................................................. 15-6 PART IV: SHARED HOUSING [24 CFR 982.615 through 982.618; Form HUD-52641; Notice PIH 2021- 05; New HCV GB, Special Housing Types, p. 11] .............................................................. 15-7 15-IV.A. Overview .......................................................................................................... 15-7 15-IV.B. Payment Standard, Utility Allowance and HAP Calculation ............................ 15-8 15-IV.C. Housing Quality Standards .............................................................................. 15-9 PART V: COOPERATIVE HOUSING [24 CFR 982.619] ..................................................................... 15-10 15-V.A. Overview ........................................................................................................ 15-10 15-V.B. Payment Standard, Utility Allowance and HAP Calculation .......................... 15-10 15-V.C. Housing Quality Standards ............................................................................ 15-10
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PART VI: MANUFACTURED HOMES [24 CFR 982.620 through 982.624; FR Notice 1/18/17; New HCV GB, Special Housing Types, p. 15] ................................................................................... 15-11 15-VI.A. Overview ........................................................................................................ 15-11 15-VI.B. Special Requirements for Manufactured Homeowners Who Lease A Space ....................................................................................... 15-11 15-VI.C. Payment Standard, Utility Allowance and
HAP Calculation [FR Notice 1/18/17] ............................................................ 15-12 15-VI.D. Housing Quality Standards ............................................................................ 15-13 PART VII: HOMEOWNERSHIP [24 CFR 982.625 through 982.643].................................................. 15-14 15-VII.A. Overview [24 CFR 982.625] ........................................................................... 15-14 15-VII.B. Family Eligibility [24 CFR 982.627] ................................................................. 15-14 15-VII.C. Selection of Families [24 CFR 982.626] ......................................................... 15-15 15-VII.D. Eligible Units [24 CFR 982.628] ...................................................................... 15-16 15-VII.E. Additional PHA Requirements for Search and Purchase [24 CFR 982.629] ........................................................................................... 15-17 15-VII.F. Homeownership Counseling [24 CFR 982.630] ............................................. 15-17 15-VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR 982.631] ........................................................................................... 15-18 15-VII.H. Financing [24 CFR 982.632] ........................................................................... 15-19 15-VII.I. Continued Assistance Requirements; Family Obligations [24 CFR 982.633] ........................................................................................... 15-19 15-VII.J. Maximum Term of Homeowner Assistance [24 CFR 982.634] ...................... 15-20 15-VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR 982.635] ............................................................................ 15-21 15-VII.L. Portability [24 CFR 982.636, 982.637, 982.353(b) and (c), 982.552, 982.553] .......................................................................................... 15-22 15-VII.M. Moving with Continued Assistance [24 CFR 982.637] ................................... 15-23 15-VII.N. Denial or Termination of Assistance [24 CFR 982.638] ................................. 15-24
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Chapter 16
PROGRAM ADMINISTRATION
PART I: ADMINISTRATIVE FEE RESERVE [24 CFR 982.155] ............................................................ 16-2 PART II: SETTING PROGRAM STANDARDS AND SCHEDULES .......................................................... 16-3 16-II.A. Overview .......................................................................................................... 16-3 16-II.B. Payment Standards [24 CFR 982.503; HCV GB, Chapter 7] ............................. 16-4 16-II.C. Utility Allowances [24 CFR 982.517] ................................................................ 16-7 PART III: INFORMAL REVIEWS AND HEARINGS ............................................................................... 16-9 16-III.A. Overview .......................................................................................................... 16-9 16-III.B. Informal Reviews ............................................................................................. 16-9 16-III.C. Informal Hearings for Participants [24 CFR 982.555] .................................... 16-14 16-III.D. Hearing and Appeal Provisions for Non-Citizens [24 CFR 5.514]................................................................................................ 16-24 PART IV: OWNER OR FAMILY DEBTS TO THE PHA ......................................................................... 16-28 16-IV.A. Overview ........................................................................................................ 16-28 16-IV.B. Repayment Policy .......................................................................................... 16-28 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) ...................................... 16-32 16-V.A. Overview ........................................................................................................ 16-32 16-V.B. SEMAP Certification [24 CFR 985.101] .......................................................... 16-32 16-V.C. SEMAP Indicators [24 CFR 985.3 and form HUD-52648] ............................... 16-33 PART VI: RECORDKEEPING ............................................................................................................ 16-37 16-VI.A. Overview ........................................................................................................ 16-37 16-VI.B. Record Retention [24 CFR 982.158; 24 CFR 908.101] ................................... 16-37 16-VI.C. Records Management ................................................................................... 16-38
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PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ELEVATED BLOOD LEAD LEVEL ........................................................................................ 16-40 16-VII.A. Overview ........................................................................................................ 16-40 16-VII.B. Reporting Requirement [24 CFR 35.1225(e); Notice PIH 2017-13] ............... 16-40 16-VII.C. Data Collection and Record Keeping [24 CFR 35.1225(f)] ............................. 16-41 PART VIII: DETERMINATION OF INSUFFICIENT FUNDING ................................................................ 16-42 16-VIII.A. Overview ........................................................................................................ 16-42 16-VIII.B. Methodology ................................................................................................. 16-42 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY ............................................................................................................ 16-43 16-IX.A. Overview ............................................................................................................ 16-43 16-IX.B. Definitions [24 CFR 5.2003, 42 USC 13925] ....................................................... 16-43 16-IX.C. Notification [24 CFR 5.2005(a)] ......................................................................... 16-45 16-IX.D. Documentation [42 U.S.C. § 14043e-11(c)(3); 24 CFR 5.2007] ......................... 16-47 16-IX.E. Confidentiality [24 CFR 5.2007(b)(4)] ................................................................ 16-49 Exhibit 16-1: Notice of Occupancy Rights Under the Violence Against Women Act, Form HUD-5380 .............................................................................................................. 16-50 Exhibit 16-2: Certification of Domestic Violence, Dating Violence, Sexual Assault, Or Stalking and Alternate Documentation, Form HUD-5382 .................................................................. 16-55 Exhibit 16-3: Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, Stalking, Or Human Trafficking (HCV VERSION) ................................................ 16-58 Exhibit 16-4: Emergency Transfer Request for Certain Victims of Domestic Violence, Dating Violence, Sexual Assault, Or Stalking, Form HUD-5383 ................................................................. 16-62 Exhibit 16-5: Model Owner Notification of Rights and Obligations .................................................... 16-65
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Chapter 17
PROJECT-BASED VOUCHERS
PART I: GENERAL REQUIREMENTS ................................................................................................ 17-2 17-I.A. Overview [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21] ................ 17-2 17-I.B. Tenant-Based vs. Project-Based Voucher Assistance [24 CFR 983.2] ............. 17-3 17-I.C. Relocation Requirements [24 CFR 983.7] ........................................................ 17-4 17-I.D. Equal Opportunity Requirements [24 CFR 983.8] ........................................... 17-4 PART II: PBV OWNER PROPOSALS .................................................................................................. 17-5 17-II.A. Overview .......................................................................................................... 17-5 17-II.B. Owner Proposal Selection Procedures [24 CFR 983.51(b)] ............................. 17-5 17-II.C. Housing Type [24 CFR 983.52] ....................................................................... 17-10 17-II.D. Prohibition of Assistance for Certain Units ................................................... 17-11 17-II.E. Subsidy Layering Requirements
[24 CFR 983.55, Notice PIH 2013-11, and FR Notice 3/13/23] ...................... 17-12 17-II.F. Cap on Number of PBV Units in Each Project ............................................... 17-13 17-II.G. Site Selection Standards ............................................................................... 17-15 17-II.H. Environmental Review [24 CFR 983.58] ........................................................ 17-17 PART III: DWELLING UNITS ............................................................................................................ 17-18 17-III.A. Overview ........................................................................................................ 17-18 17-III.B. Housing Quality Standards [24 CFR 983.101] ................................................ 17-18 17-III.C. Housing Accessibility for Persons with Disabilities ........................................ 17-18 17-III.D. Inspecting Units ............................................................................................. 17-19 PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ...................................................... 17-21 17-IV.A. Overview [24 CFR 983.151] ........................................................................... 17-21 17-IV.B. Agreement to Enter into HAP Contract ......................................................... 17-21 17-IV.C. Conduct of Development Work ..................................................................... 17-22 17-IV.D. Completion of Housing .................................................................................. 17-23
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PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ..................................................... 17-24 17-V.A. Overview ........................................................................................................ 17-24 17-V.B. HAP Contract Requirements .......................................................................... 17-24 17-V.C. Amendments to the HAP Contract ................................................................ 17-27 17-V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR 983.206(c) and 983.302(e)] .............................................................. 17-28 17-V.E. Owner Responsibilities Under the HAP Contract [24 CFR 983.209] .............. 17-28 17-V.F. Additional HAP Requirements ....................................................................... 17-29 PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS ................................................................ 17-30 17-VI.A. Overview ........................................................................................................ 17-30 17-VI.B. Eligibility for PBV Assistance [24 CFR 983.251(a) and (b)] ............................ 17-30 17-VI.C. Organization of the Waitlist [24 CFR 983.251(c)] .......................................... 17-31 17-VI.D. Selection from the Waitlist [24 CFR 983.251(c)] ........................................... 17-34 17-VI.E. Offer of PBV Assistance ................................................................................. 17-35 17-VI.F. Owner Selection of Tenants ......................................................................... 17-36 17-VI.G. Tenant Screening [24 CFR 983.255] .............................................................. 17-37 PART VII: OCCUPANCY .................................................................................................................... 17-38 17-VII.A. Overview ....................................................................................................... 17-38 17-VII.B. Lease [24 CFR 983.256] ................................................................................. 17-38 17-VII.C. Moves ............................................................................................................ 17-41 17-VII.D. Exceptions to the Occupancy Cap [24 CFR 983.262, FR Notice 1/18/17; Notice PIH 2017-21] ...................................................................................... 17-43 PART VIII: DETERMINING RENT TO OWNER .................................................................................... 17-45 17-VIII.A. Overview ........................................................................................................ 17-45 17-VIII.B. Rent Limits [24 CFR 983.301] ........................................................................ 17-45 17-VIII.C. Reasonable Rent [24 CFR 983.303] ............................................................... 17-48 17-VIII.D. Effect of Other Subsidy and Rent Control ..................................................... 17-50
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PART IX: PAYMENTS TO OWNER ................................................................................................... 17-51 17-IX.A. Housing Assistance Payments [24 CFR 983.351] ........................................... 17-51 17-IX.B. Vacancy Payments [24 CFR 983.352] ............................................................ 17-52 17-IX.C. Tenant Rent to Owner [24 CFR 983.353]....................................................... 17-53 17-IX.D. Other Fees and Charges [24 CFR 983.354] .................................................... 17-54
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Chapter 18
CONTINUUM OF CARE
PART I: OVERVIEW OF THE COC PROGRAM .................................................................................. 18-1 18-I.A. Overview .......................................................................................................... 18-1 18-I.B. Purpose [24 CFR 578.1] ................................................................................... 18-1 18-I.C. Program Components [24 CFR 578.37] ........................................................... 18-2 18-I.D. Eligible Costs .................................................................................................... 18-2 18-I.E. Supportive Services ......................................................................................... 18-4 18-I.F. Match Requirement [24 CFR 578.73] .............................................................. 18-4 18-I.G. Renewals [24 CFR 578.33] ............................................................................... 18-5 18-I.H. COC Policies and Procedures ........................................................................... 18-6 PART II: FAIR HOUSING AND EQUAL OPPORTUNITY ...................................................................... 18-7 PART III: ELIGIBILITY ......................................................................................................................... 18-7 18-III.A. Evidence of Eligibility ....................................................................................... 18-7 18-III.B. Denial of Assistance ......................................................................................... 18-8 18-III.C. Criminal Background Checks [24 CFR 982.553 (a)(2)(i)] .................................. 18-8 PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION ......................................................... 18-9 18-IV.A. Applying for Assistance ................................................................................... 18-9 18-IV.B. Accessibility of the Application Process .......................................................... 18-9 18-IV.C. Screening and Assessment ............................................................................ 18-10 18-IV.D. Tenant Selection ............................................................................................ 18-11 18-IV.E. Order of Priority for Placement on the Waitlist ............................................ 18-11 18-IV.F. Placement on the Waitlist ............................................................................. 18-12 18-IV.G. Notification of Selection ................................................................................ 18-12
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PART V: BRIEFINGS AND VOUCHER ISSUANCE ............................................................................. 18-13 18-V.A. Scattered Site Voucher Issuance/Request for Tenancy Approval (RTA) ............................................................................................... 18-13 18-V.B. Site Specific Housing Voucher Issuance/
Request for Tenancy Approval (RTA) ............................................................ 18-13 PART VI: INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982] ................................................................ 18-14 18-VI.A. Tenant Rent Portion [24 CFR 578.77(b)] ....................................................... 18-14 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] ................................... 18-15 PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS ...... 18-16 18-VIII.A. Housing Quality Standards [24 CFR 578.75(b)] ............................................. 18-16 18-VIII.B. Rent Reasonableness [24 CFR 578.51(g)] ...................................................... 18-16 PART IX: GENERAL LEASING POLICIES ............................................................................................ 18-17 18-IX.A. Payment for a Vacated Unit [24 CFR 578.51(i)] ............................................. 18-17 18-IX.B. Payment for Tenant Caused Damages [24 CFR 578.51(j)]............................. 18-17 18-IX.C. Limitations on Coc Assistance ....................................................................... 18-17 PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY ......................................... 18-18 18-X.A. Moving With Continued Assistance [24 CFR 578.51(c)(3)]............................ 18-18 18-X.B. Portability [24 CFR 578.51(c)(4)] ................................................................... 18-18 18-X.C. Tenant Transfers from Site Specific Housing to Scattered Site Housing and from Scattered Site Housing to Site Specific Housing ............................................ 18-18 18-X.D. Tenant Transfers from COC to HCV ............................................................... 18-19 PART XI: REEXAMINATIONS [24 CFR 582.310] .............................................................................. 18-20
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PART XII: TERMINATION OF ASSISTANCE AND TENANCY ............................................................... 18-20 PART XIII: PROGRAM ADMINISTRATION ......................................................................................... 18-20
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Chapter 19
HOME TENANT BASED RENTAL ASSISTANCE
PART I: OVERVIEW OF THE HOME PROGRAM ............................................................................... 19-1 19-I.A. Overview .......................................................................................................... 19-1 19-I.B. Purpose ............................................................................................................ 19-1 19-I.C. Eligible Costs [24 CFR 92.209 (a)] .................................................................... 19-1 19-I.D. Term of the Program [24 CFR 92.902 (e)] ....................................................... 19-2 19-I.E. Policies and Procedures ................................................................................... 19-2 PART II: PART II: FAIR HOUSING AND EQUAL OPPORTUNITY ......................................................... 19-2 PART III: ELIGIBILITY ......................................................................................................................... 19-3 19-III.A. Evidence of Eligibility ....................................................................................... 19-3 19-III.B. Denial of Assistance ......................................................................................... 19-6 19-III.C. Criminal Background Checks ........................................................................... 19-6 PART IV: APPLICATIONS, WAITLIST AND TENANT SELECTION ......................................................... 19-7 19-IV.A. Applying for Assistance ................................................................................... 19-7 19-IV.B. Accessibility of the Application Process .......................................................... 19-7 19-IV.C. Outreach and Marketing ................................................................................. 19-8 19-IV.D. Screening and Assessment .............................................................................. 19-8 19-IV.E. Tenant Selection .............................................................................................. 19-9 19-IV.F. Order of Priority for Placement on the Waitlist ............................................ 19-10 PART V: BRIEFINGS AND VOUCHER ISSUANCE ............................................................................. 19-17 19-V.A. Initial Briefing and Voucher Issuance ............................................................ 19-17 19-V.B. Voucher Issuance/Request for Tenancy Approval ........................................ 19-17 PART VI: INCOME AND SUBSIDY DETERMINATIONS
[24 CFR Part 5, Subparts E and F; 24 CFR 982] ................................................................ 19-17
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19-VI.A. Tenant Rent Portion [24 CFR 5.628] .............................................................. 19-17 PART VII: VERIFICATION [24 CFR 982.516, 24 CFR 982.551, 24 CFR 5.230] ................................... 19-18 PART VIII: HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS ...... 19-18 19-VIII.A. Housing Quality Standards [24 CFR 92.209 (I)] ............................................. 19-18 19-VIII.B. Rent Reasonableness [24 CFR 92.209 (3) (f)] ................................................ 19-18 PART IX: GENERAL LEASING POLICIES ............................................................................................ 19-19 19-IX.A. Limitations on Home Assistance.................................................................... 19-19 PART X: MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY ......................................... 19-19 PART XI: REEXAMINATIONS [24 CFR 582.310] .............................................................................. 19-20 PART XII: TERMINATION OF ASSISTANCE AND TENANCY ............................................................... 19-20 PART XIII: PROGRAM ADMINISTRATION ......................................................................................... 19-20 PART XIV: HOME PROHIBITED LEASE TERMS ................................................................................... 19-21 Exhibit 19-1: Contract Addendum ........................................................................................................ 19-22
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Chapter 20
Temporary Policy Supplement
EMERGENCY HOUSING VOUCHERS
[24 CFR 982 Subpart M]
PART I: FUNDING ........................................................................................................................... 20-2 TPS-I.A. Overview .......................................................................................................... 20-2 TPS-I.B. Service Fees ..................................................................................................... 20-3 PART II: PARTNERING AGENCIES .................................................................................................... 20-6 TPS-II.A. Continuum of Care (CoC) ................................................................................. 20-6 TPS-II.B. Other Partnering Organizations ...................................................................... 20-6 TPS-II.C. Referrals .......................................................................................................... 20-6 PART III: WAITING LIST MANAGEMENT........................................................................................... 20-8 TPS-III.A. HCV Waiting List .............................................................................................. 20-8 TPS-III.B. EHV Waiting List .............................................................................................. 20-8 TPS-III.C. Preferences ...................................................................................................... 20-9 PART IV: FAMILY ELIGIBILITY .......................................................................................................... 20-10 TPS-IV.A. Overview ........................................................................................................ 20-10 TPS-IV.B. Referring Agency Determination Of Eligibility............................................... 20-10 TPS-IV.C. PHA Screening ............................................................................................... 20-10 TPS-IV.D. Income Verification at Admission .................................................................. 20-12 TPS-IV.E. Social Security Number and Citizenship Status Verification ......................... 20-13 TPS-IV.F. Age and Disability Verification ...................................................................... 20-14 TPS-IV.G. Income Targeting ........................................................................................... 20-14 PART V: HOUSING SEARCH AND LEASING .................................................................................... 20-15 TPS-V.A. Initial Voucher Term ...................................................................................... 20-15 TPS-V.B. Housing Search Assistance ............................................................................ 20-15
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TPS-V.C. HQS Pre-Inspections ...................................................................................... 20-16 TPS-V.D. Initial Lease Term........................................................................................... 20-16 TPS-V.E. Portability ...................................................................................................... 20-16 TPS-V.F. Payment Standards........................................................................................ 20-19 TPS-V.G. Termination of Vouchers ............................................................................... 20-20 PART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS ................................................ 20-21 Exhibit TPS-1: MEMORANDUM OF UNDERSTANDING (MOU)............................................................... 20-22 Exhibit TPS-2: HOMELESS PROVIDER’S CERTIFICATION ......................................................................... 20-25 Exhibit TPS-3: EXAMPLE OF A VICTIM SERVICES PROVIDER’S CERTIFICATION ...................................... 20-27
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Chapter 21
SPECIAL PURPOSE VOUCHERS
[24 CFR 982 Subpart M]
PART I: VETERANS AFFAIRS SUPPORTIVE HOUSING (VASH) PROGRAM ....................................... 21-2 21-I.A. Overview .......................................................................................................... 21-2 21-I.B. Referrals [FR Notice 9/27/21 and HUD-VASH Qs and As] ............................... 21-3 21-I.C. HCV Program Eligibility [FR Notice 9/27/21] ................................................... 21-4 21-I.D. Changes In Family Composition ...................................................................... 21-6 21-I.E. Leasing [FR Notice 9/27/21] ............................................................................ 21-6 21-I.F. Portability [FR Notice 9/27/21 and Notice PIH 2011-53] ................................ 21-8 21-I.G. Termination of Assistance [FR Notice 9/27/21] .............................................. 21-9 21-I.H. Project-Basing VASH Vouchers ...................................................................... 21-10 PART II: STABILITY VOUCHER PROGRAM ...................................................................................... 21-12 21-II.A. Overview [Notice PIH 2022-24] ..................................................................... 21-12 21-II.B. Partnering Organization [Notice PIH 2022-24] .............................................. 21-12 21-II.C. Referrals [Notice PIH 2022-24] ...................................................................... 21-13 21-II.D. Waiting List [Notice PIH 2022-24] ................................................................. 21-13 21-II.E. Family Eligibility [Notice PIH 2022-24] .......................................................... 21-15 21-II.F. Housing Search and Leasing .......................................................................... 21-19 21-II.G. Payment Standards........................................................................................ 21-21 21-II.H. Project-Based Units ....................................................................................... 21-22 Exhibit 21-1: SAMPLE STABILITY VOUCHER (SV) HOMELESS PROVIDER’S CERTIFICATION ................... 21-23 Exhibit 21-2: SAMPLE VICTIM SERVICE PROVIDER’S CERTIFICATION .................................................... 21-25 Exhibit 21-3: SAMPLE SV MEMORANDUM OF UNDERSTANDING ......................................................... 21-27
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Glossary
A: ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM ....................... GL-1 B: GLOSSARY OF SUBSIDIZED HOUSING TERMS .................................................................... GL-4
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Chapter 1
OVERVIEW OF THE PROGRAM AND PLAN
INTRODUCTION
The PHA receives its funding for the Section 8 Housing Choice Voucher (HCV) program, HOME and CDBG, and the Continuum of Care program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation.
This chapter contains information about the PHA and its programs. It also contains information about the purpose, intent and use of the plan and guide.
There are three parts to this chapter:
Part I: The Public Housing Agency (PHA). This part includes a description of the PHA, its jurisdiction, its programs, and its mission and intent.
Part II: The Section 8 HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships.
Part III: The Section 8 HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements.
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PART I: THE PHA
1-I.A. OVERVIEW
This part explains the origin of the PHA’s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF THE PHA
The programs are funded by the federal government and administered by the Housing Authority of the City of Santa Monica for the jurisdiction of City of Santa Monica in Los Angeles County.
The officials of a PHA are appointed in accordance with state housing law as commissioners or, collectively, as the board of commissioners. Commissioners are and generally serve in the same capacity as the directors of a corporation, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency’s resources and assuring the agency’s continued viability.
Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners and entered into the official records of the PHA. 1-I.C. PHA MISSION
The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions.
PHA Policy
The mission of the PHA is the same as that of the Department of Housing & Urban Development: To create strong, sustainable, inclusive communities and quality affordable homes for all.
1-I.D. THE PHA’S PROGRAMS
The following programs are included under this administrative plan:
PHA Policy
The PHA’s administrative plan is applicable to the operation of the Section 8 Housing Choice Voucher (HCV) program [including the Family Self Sufficiency (FSS) program], including Project-Based Vouchers (PBVs), the HUD-Veterans Affairs Supportive Housing (HUD-VASH), the Emergency Housing Voucher (EHV) program, the Stability Voucher (SV) program, the Continuum of Care (CoC) program, and the HOME voucher program. 1-I.E. THE PHA’S COMMITMENT TO ETHICS AND SERVICE
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As a public service agency, the PHA is committed to providing excellent service to program participants, owners, and to the community. The PHA’s standards include:
x Administer applicable federal and state laws and regulations to achieve high ratings in performance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. x Provide decent, safe, and sanitary housing – in compliance with program housing quality standards – for very low-income families while ensuring that family rents are fair, reasonable, and affordable.
x Encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio-economic, recreational and other human services needs.
x Promote fair housing and the equal opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice.
x Promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income families. x Promote a market-driven housing program that will help qualified low-income families to be successful in obtaining affordable housing and increase the supply of housing choices for such families.
x Create positive public awareness and expand the level of family, owner, and community support in accomplishing the PHA’s mission.
x Attain and maintain a high level of standards and professionalism in day-to-day management of all program components.
x Administer an efficient, high-performing agency through continuous improvement of the PHA’s support systems and a high level of commitment to our employees and their development.
The PHA will make every effort to keep program participants informed of program rules and regulations, and to advise participants of how the program rules affect them.
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PART II: THE SECTION 8 HOUSING CHOICE VOUCHER (HCV) PROGRAM 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall operation of the programs. There have been many changes to the programs since their inception, a brief history of the program will assist the reader to better understand programs.
The United States Housing Act of 1937 (the “Act”) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program – the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality (“housing quality standards”) and was within certain HUD-established rent limitations (“fair market rents”), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family’s adjusted income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance – the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent.
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From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant-based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as “conforming” rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law.
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) – also known as the Public Housing Reform Act – was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Section 8 Housing Choice Voucher (HCV) program.
The Section 8 HCV program was modeled closely on the pre-merger Voucher program.
However, unlike the pre-merger Voucher program, the Section 8 HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent.
The transition of assistance from the Certificate and Voucher programs to the new Section 8 HCV program began in October 1999. By October 2001, all families receiving tenant-based assistance were converted to the Section 8 HCV program.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was signed into law. HOTMA made numerous changes to statutes governing HUD programs, including sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections that impact the public housing and Section 8 programs. x The Final Rule implementing broad changes to income and asset in Sections 102 and 104 of HOTMA, and for PHAs that administer the public housing program over-income provisions in Section 103, was officially published in the Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27, which provided guidance to PHAs on the implementation of the program changes described in the Final Rule.
HUD issued a revised version of the notice on February 2, 2024. x The Final Rule implementing streamlining changes to the HCV and PBV programs was published on May 7, 2024, and codified certain provisions in Sections 101, 105, 106, and 112 of HOTMA as well as incorporating changes from the NSPIRE final rule. 1-II.B. PROGRAM BASICS
The purpose of the voucher programs is to provide rental assistance to eligible families. The rules and regulations of the programs are determined by the U.S. Department of Housing and Urban Development. The PHA is afforded choices in the operation of the programs, which are included in the PHA’s administrative plan, a document approved by the board of commissioners of the PHA.
The programs offer mobility to eligible families because they may search for suitable housing anywhere in the PHA’s jurisdiction and may also be eligible to move under portability to other PHAs’ jurisdictions.
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When a family is determined to be eligible for the program and funding is available, the PHA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, the PHA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent.
Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. The PHA continues to make payments to the owner as long as the family is eligible, and the housing unit continues to qualify under the program.
1-II.C. THE SECTION 8 HCV PARTNERSHIPS
To administer the voucher programs, the PHA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract, grant agreement, or contract). The PHA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit.
For the voucher programs to work and be successful, all parties involved – HUD, the PHA, the owner, and the family – have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program.
The chart on the following page illustrates key aspects of these relationships.
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The Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To PHA
PHA
Administers
Program
Owner / Landlord
Family
(Program
Participant)
Voucher specifies Family
Obligations
Contract specifies Owner and PHA
Obligations
Lease specifies Tenant
and Landlord
Obligations
HUD Program Regulations and
documents specify PHA Obligations
and Funding
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What Does HUD Do?
HUD has the following major responsibilities:
x Develop regulations, requirements, handbooks, notices and other guidance to implement housing program legislation passed by Congress;
x Allocate program funds to PHAs;
x Provide technical assistance to PHAs on interpreting and applying program requirements; x Monitor PHA compliance with program requirements and PHA performance in program administration.
What Does the PHA Do?
The PHA administers the programs under contract with HUD and has the following major responsibilities:
x Establish local policies to administer the program;
x Review applications from interested applicant to determine whether they are eligible for the program;
x Maintain waiting list and select families for admission; x Issue vouchers to eligible families and provide information on how to lease a unit; x Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration;
x Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy;
x Make housing assistance payments to the owner in a timely manner; x Recertify families for continued eligibility under the program; x Ensure that owners and families comply with their contractual obligations; x Provide families and owners with prompt, professional service; x Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the ACC, HUD-approved applications for funding, the PHA’s administrative plan, and other applicable federal, state and local laws.
PHA Policy
General Complaints
If a family disagrees with an action or inaction of the PHA, the Housing Specialist will make every effort to resolve complaints from families. If the complaints are not resolved by the initial Housing Specialist, it will be referred to a peer for review, however, as a general practice, families will not be assigned to a new Housing Specialist unless the PHA rotates caseloads. If a family feels they require different attention related to a
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reasonable accommodation, the request must be made in writing and must follow the guidelines and procedures detailed in Chapter 2 of this Plan.
What Does the Owner Do?
The owner has the following major responsibilities:
x Screen families who apply for tenancy, to determine suitability as renters. - The PHA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner.
- The owner should consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others.
x Comply with the terms of the contract, executed with the PHA; x Comply with all applicable fair housing laws and do not discriminate against anyone; x Maintain the housing unit in accordance with minimum Quality Standards developed by HUD in accordance with 24 CFR 5.703 (including any variations approved by HUD for the PHA) and make necessary repairs in a timely manner;
x Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease.
What Does the Family Do?
The family has the following responsibilities:
x Provide the PHA with complete and accurate information, determined by the PHA to be necessary for administration of the program;
x Make their best and most timely efforts to locate qualified and suitable housing; x Attend all appointments scheduled by the PHA;
x Allow the PHA to inspect the unit at reasonable times and after reasonable notice; x Take responsibility for care of the housing unit, including any violations of housing standards caused by the family;
x Comply with the terms of the lease with the owner;
x Comply with the family obligations of the voucher;
x Not commit serious violations of the lease;
x Not engage in drug-related or violent criminal activity;
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x Notify the PHA and the owner before moving or terminating the lease; x Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assign the lease, or have any interest in the unit; x Promptly notify the PHA of any changes in family composition; x Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs.
1-II.D. APPLICABLE REGULATIONS
Applicable regulations include:
x 24 CFR Part 5: General Program Requirements
x 24 CFR Part 8: Nondiscrimination
x 24 CFR Part 100: The Fair Housing Act
x 24 CFR Part 982: Section 8 Tenant-Based Assistance: Housing Choice Voucher Program x 24 CFR Part 983: Project-Based Vouchers
x 24 CFR Part 985: The Section 8 Management Assessment Program (SEMAP)
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PART III: THE SECTION 8 HCV ADMINISTRATIVE PLAN
1-III.A. OVERVIEW AND PURPOSE OF THE PLAN
The administrative plan is required by HUD. The purpose of the administrative plan is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local goals and objectives contained in the PHA’s agency plan. This Administrative Plan is a supporting document to the PHA agency plan, and is available for public review as required by CFR 24 Part 903.
This administrative plan is set forth to define the PHA's local policies for operation of the housing programs in accordance with federal laws and regulations. All issues related to Section 8 HCV program not addressed in this document are governed by such federal regulations, HUD handbooks and guidebooks, notices and other applicable law. The policies in this administrative plan have been designed to ensure compliance with the contracts and all HUD-approved applications for program funding.
The PHA is responsible for complying with all changes in HUD regulations pertaining to programs. If such changes conflict with this plan, HUD regulations will have precedence.
Administration of the programs and the functions and responsibilities of PHA staff shall be in compliance with the PHA's personnel policy and HUD’s regulations as well as all federal, state and local fair housing laws and regulations.
1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54]
The HUD regulations at 24 CFR 982.54 define the policies that must be included in the administrative plan. They are as follow:
x Selection and admission of applicants from the PHA waiting list, including any PHA admission preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the PHA waiting list (Chapter 4); x Issuing or denying vouchers, including PHA policy governing the voucher term and any extensions of the voucher term. If the PHA decides to allow extensions of the voucher term, the PHA administrative plan must describe how the PHA determines whether to grant extensions, and how the PHA determines the length of any extension (Chapter 5); x Any special rules for use of available funds when HUD provides funding to the PHA for a special purpose (e.g., desegregation), including funding for specified families or a specified category of families (Chapter 4);
x Encouraging participation by owners of suitable units located outside areas of low income or minority concentration (Chapter 13);
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x Assisting a family that claims that illegal discrimination has prevented the family from leasing a suitable unit (Chapter 2);
x Providing information about a family to prospective owners (Chapters 3 and 9); x Disapproval of owners (Chapter 13);
x Subsidy standards (Chapter 5);
x Family absence from the dwelling unit (Chapter 12);
x How to determine who remains in the program if a family breaks up (Chapter 3); x Informal review procedures for applicants (Chapter 16); x Informal hearing procedures for participants (Chapter 16); x The process for establishing and revising voucher payment standards, (Chapter 16); x including Ppolicies on administering decreases in the payment standard during the HAP contract term (Chapter 16);
x The method of determining that rent to owner is a reasonable rent (initially and during the term of a HAP contract) (Chapter 8);
x Special policies concerning special housing types in the program (e.g., use of shared housing) (Chapter 15);
x Policies concerning payment by a family to the PHA of amounts the family owes the PHA (Chapter 16);
x Interim redeterminations of family income and composition (Chapter 11); x Restrictions, if any, on the number of moves by a participant family (Chapter 10); x Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 16);
x Procedural guidelines and performance standards for conducting required housing quality standards inspections (Chapter 8);
x PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3); x Policies governing the project-basing of vouchers in both the standard Project-Based Voucher (PBV) program (Chapter 17) and the RAD Project-Based Voucher program (Chapter 18); and
x Special policies governing any special purpose vouchers issued by the PHA (Chapter 19).
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Mandatory vs. Discretionary Policy
HUD makes a distinction between:
x Mandatory policies: those driven by legislation, regulations, current handbooks, notices, and legal opinions, and
x Optional, non-binding guidance, including guidebooks, notices that have expired and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory policies in areas where HUD gives the PHA discretion. The PHA's administrative plan is the foundation of those policies and procedures. HUD’s directions require PHAs to make policy choices that provide sufficient guidance to staff and ensure consistency to program applicants and participants.
Creating policies based upon HUD guidance is not mandatory but provides a PHA with a “safe harbor.” HUD has already determined that the recommendations and suggestions it makes are consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own determination that the alternative approach is consistent with legislation, regulations, and other mandatory requirements. There may be very good reasons for adopting a policy or procedure that is different than HUD’s safe harbor, but PHAs should carefully think through those decisions.
1-III.C. ORGANIZATION OF THE PLAN
The Plan is organized to provide information to users in particular areas of operation. 1-III.D. UPDATING AND REVISING THE PLAN
The PHA will revise this administrative plan as needed to comply with changes in HUD regulations. The original plan and any changes must be approved by the board of commissioners of the agency, the pertinent sections included in the Agency Plan, and a copy provided to HUD.
PHA Policy
The PHA will review and update the plan as needed, to reflect changes in regulations and PHA operations, or when needed to ensure staff consistency in operation.
The Plan will become effective the date it is approved by the Housing Authority Board.
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Chapter 2
FAIR HOUSING AND EQUAL OPPORTUNITY
INTRODUCTION
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws are implemented through consistent policy and processes. The responsibility to further nondiscrimination pertains to all areas of the PHA’s housing voucher operations.
This chapter describes HUD regulations and PHA policies related to these topics in three parts:
Part I: Nondiscrimination. This part presents the body of laws and regulations governing the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and policies of the housing voucher programs related to reasonable accommodation for persons with disabilities. These rules and policies are based on the Fair Housing Act (42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973, and incorporate guidance from the Joint Statement of The Department of Housing and Urban Development and the Department of Justice (DOJ), issued May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part details the obligations of the PHA to ensure meaningful access to the HCV program and its activities by persons with limited English proficiency (LEP). This part incorporates HUD and DOJ’s Notice of Guidance, published December 19, 2003 in the Federal Register, and “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice” (Jan. 22, 2007), which can be found at:
http://www.gpo.gov/fdsys/pkg/FR-2007-01-22/pdf/07-217.pdf
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PART I: NONDISCRIMINATION
2-I.A. OVERVIEW
Federal laws require PHAs to treat all applicants and participants equally, providing the same opportunity to access services, regardless of family characteristics and background. Federal law prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age, familial status, disability, and status as a victim of domestic violence, dating violence, sexual assault, or stalking. In addition, HUD regulations provide for additional protections regarding sexual orientation, gender identity, and marital status. The PHA will comply fully with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment, including:
x Title VI of the Civil Rights Act of 1964
x Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act of 1974 and the Fair Housing Amendments Act of 1988)
x Executive Orders 11063 and 13988
x Section 504 of the Rehabilitation Act of 1973
x The Age Discrimination Act of 1975
x Title II of the Americans with Disabilities Act (to the extent that it applies, otherwise Section 504 and the Fair Housing Amendments govern) The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity Final Rule, published in the Federal Register February 3, 2012.
x Violence Against Women Act (VAWA)
x HUD LEP Guidance, “Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice,” 72 Fed. Reg. 2732 (Jan. 22, 2007). x Executive Order 13166
When more than one civil rights law applies to a situation, the laws will be read and applied together.
Any applicable state laws or local ordinances and any legislation protecting individual rights of tenants, applicants, or staff that may subsequently be enacted will also apply.
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2-I.B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors.
The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called “protected classes”).
Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18.
The PHA will not discriminate on the basis of an individual’s status as a victim of domestic violence, dating violence, sexual assault or stalking.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual orientation [FR Notice 02/03/12; Executive Order 13988].
In addition, the PHA will not discriminate on the basis of gender expression, ancestry, source of income, or genetic information. [Fair Employment and Housing Act, Cal. Gov. Code § 12955] PHA Policy
Consistent with the City of Santa Monica’s Municipal Code Section 4.28.030, the Housing Anti-Discrimination Code, the PHA prohibits discrimination based on “source of income”. “Source of income” includes any lawful source of income or rental assistance from any federal, State, local, or non-profit-administered benefit or subsidy program including, but not limited to, rental housing voucher programs.
PHA Policy
The PHA does not identify any additional protected classes.
The PHA will not use any of these factors to:
x Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program x Provide housing that is different from that provided to others x Subject anyone to segregation or disparate treatment
x Restrict anyone's access to any benefit enjoyed by others in connection with the housing program
x Treat a person differently in determining eligibility or other requirements for admission x Steer an applicant or participant toward or away from a particular area based on any of these factors
x Deny anyone access to the same level of services
x Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
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x Discriminate in the provision of residential real estate transactions x Discriminate against someone because they are related to or associated with a member of a protected class
x Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected class. x Coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of fair housing rights. Additionally, the PHA will not retaliate against individuals for exercising, or encouraging others to exercise, their fair housing rights.
Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil rights laws. As part of the briefing process, the PHA must provide information to applicant families about civil rights requirements and the opportunity to rent in a broad range of neighborhoods [24 CFR 982.301]. The Housing contract informs owners of the requirement not to discriminate against any person because of race, color, religion, sex, national origin, age, familial status, or disability in connection with the contract. 2-I.C. DISCRIMINATION COMPLAINTS
General Housing Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by the PHA or an owner, the family should advise the PHA. HUD requires the PHA to make every reasonable attempt to determine whether the applicant or participant’s assertions have merit and take any warranted corrective action.
In all cases, the PHA will advise the family that they may file a fair housing complaint if the family feels they have been discriminated against under the Fair Housing Act.
PHA Policy
Applicants or participants who believe that they have been subject to unlawful discrimination may notify the PHA of the complaint 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.
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) and California Department of Fair Employment and Housing (DFEH).
Families may also seek recourse through the Fair Housing Division of the City Attorney’s Office.
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Complaints under the Equal Access Final Rule [Notice PIH 2014-20] Notice PIH 2014-20 requires an articulated complaint process for allegations of discrimination under the Equal Access Final rule. The Equal Access Final Rule requires that PHAs provide equal access regardless of marital status, gender identity, or sexual orientation. The PHA will be informed on these obligations by the HUD Field Office or FHEO when an Equal Access complaint investigation begins.
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 7 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.)
VAWA Complaint Processing [Notice FHEO 2023-01]
A complainant may, not later than one year after an alleged VAWA violation has occurred or terminated, file a complaint with FHEO alleging such violation. If there is a violation that began prior to a year before the complaint is filed, but it continues into the one-year time period, HUD will accept the complaint. FHEO will investigate the complaint if it is timely and FHEO otherwise has jurisdiction. If a complaint is filed more than one year after the alleged violation occurred or terminated, FHEO may, but is not required to, investigate the allegations under the additional authority and procedures described in FHEO 2023-01.
Complaints do not need to allege a violation of the Fair Housing Act for FHEO to accept and investigate the complaint.
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).
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The PHA will attempt to remedy complaints made against the PHA and will investigate all allegations of discrimination.
Within 7 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.)
2-II.A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford a person with a disability the equal opportunity to use and enjoy a program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA’s programs and services. This responsibility begins with the first contact by an interested family and continues through every aspect of the program.
PHA Policy
The PHA will ask all applicants and participants if they require any type of accommodations, in writing, on the intake application, reexamination documents, and notices of adverse action by the PHA, by including the following language:
“If you or anyone in your family is a person with disabilities, and you require a specific accommodation in order to fully utilize our programs and services, please contact the housing authority.”
A specific name and phone number of designated staff will be provided to process requests for accommodation.
The PHA will display posters and other housing information and signage in locations throughout the PHA’s office in such a manner as to be easily readable from a wheelchair.
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2-II.B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice, or service that allows a person with a disability to have equal access to the HCV program. For example, reasonable accommodations may include making home visits, extending the voucher term, or approving an exception payment standard in order for a participant to lease an accessible dwelling unit.
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA, or result in a “fundamental alteration” in the nature of the program or service offered. A fundamental alteration is a modification that alters the essential nature of a provider’s operations.
Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a person with disabilities. Examples include:
x Permitting applications and reexaminations to be completed by mail or online x Conducting home visits
x Using higher payment standards (either within the acceptable range or with HUD approval of a payment standard outside the PHA range) if the PHA determines this is necessary to enable a person with disabilities to obtain a suitable housing unit x Providing time extensions for locating a unit when necessary because of lack of availability of accessible units or special challenges of the family in seeking a unit x Permitting an authorized designee or advocate to participate in the application or certification process and any other meetings with PHA staff x Allowing for exceptions to the PHA’s subsidy standards x Allowing a change in the family’s rent due date to correspond with the receipt of the head of household, or spouse or cohead’s SSI or SSDI benefits
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2-II.C. REQUEST FOR AN ACCOMMODATION
If an applicant or participant indicates that an exception, change, or adjustment to a rule, policy, practice, or service is needed because of a disability, HUD requires that the PHA treat the information as a request for a reasonable accommodation, even if no formal request is made [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
The family must explain what type of accommodation is needed to provide the person with the disability full access to the PHA’s programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the family must explain the relationship between the requested accommodation and the disability. There must be an identifiable connection, or nexus, between the requested accommodation and the individual’s disability.
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:
x Housing specialist
x Reasonable accommodation mailbox
x City’s ADA Coordinator
x Housing Authority Staff
Contact information is provided on the housing authority website.
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2-II.D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable accommodation is much broader than the HUD definition of disability which is used for waiting list preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition of a person with a disability, and that the accommodation will enhance the family’s access to the PHA’s programs and services.
If a person’s disability is obvious or otherwise known to the PHA, and if the need for the requested accommodation is also readily apparent or known, no further verification will be required [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act].
If a family indicates that an accommodation is required for a disability that is not obvious or otherwise known to the PHA, the PHA must verify that the person meets the definition of a person with a disability, and that the limitations imposed by the disability require the requested accommodation.
When verifying a disability, the PHA will follow the verification policies provided in Chapter 7.
All information related to a person’s disability will be treated in accordance with the confidentiality policies provided in Chapter 16. In addition to the general requirements that govern all verification efforts, the following requirements apply when verifying a disability:
x Third-party verification must be obtained from an individual identified by the family who is competent to make the determination. A doctor or other medical professional, a peer support group, a non-medical service agency, or a reliable third party who is in a position to know about the individual’s disability may provide verification of a disability [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act]
x The PHA must request only information that is necessary to evaluate the disability-related need for the accommodation. The PHA will not inquire about the nature or extent of any disability.
x Medical records will not be accepted or retained in the participant file. x In the event that the PHA does receive confidential information about a person’s specific diagnosis, treatment, or the nature or severity of the disability, the PHA will dispose of it. In place of the information, the PHA will note in the file that the disability and other requested information have been verified, the date the verification was received, and the name and address of the knowledgeable professional who sent the information [Notice PIH 2010-26].
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2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION
[Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act Notice PIH 2010-26].
The PHA must approve a request for an accommodation if the following three conditions are met:
x The request was made by or on behalf of a person with a disability. x There is a disability-related need for the accommodation. x The requested accommodation is reasonable, meaning it would not impose an undue financial and administrative burden on the PHA, or fundamentally alter the nature of the PHA’s operations (including the obligation to comply with HUD requirements and regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into account factors such as the overall size of the PHA’s programs with respect to the number of employees, workforce, the nature and cost of the requested accommodation, and the availability of alternative accommodations that would effectively meet the family’s disability-related needs.
Before making a determination whether to approve the request, the PHA may enter into discussion and negotiation with the family, request more information from the family, or may require the family to sign a consent form so that the PHA may verify the need for the requested accommodation.
PHA Policy
After a request for accommodation is presented, the PHA will respond in writing, acknowledging receipt of the request, within a reasonable time not to exceed 7 business days.
Based on the verified need for the accommodation, or the absence thereof, the PHA will render its decision within a reasonable period of time.
Before the PHA denies a request for an accommodation because there is no relationship, or nexus, found between the disability and the requested accommodation, the notice will inform the family of the right to appeal the PHA’s decision through an informal review (if applicable) or informal hearing (see Chapter 16).
If the PHA denies a request for an accommodation because it is not reasonable (it would impose an undue financial and administrative burden or fundamentally alter the nature of the PHA’s operations), the PHA will discuss with the family whether an alternative accommodation could effectively address the family’s disability-related needs without a fundamental alteration to the program and without imposing an undue financial and administrative burden. If the need for the accommodation was not readily apparent or
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known to the PHA, and the family was not able to demonstrate the relationship or nexus between the requested accommodation and the disability, the PHA may also deny the request.
If the PHA believes that the family has failed to identify a reasonable alternative accommodation after interactive discussion and negotiation, the PHA will notify the family in writing of its determination within 15 business days from the date of the most recent discussion or communication with the family. The PHA may be required to respond in less than 15 business days.
A flyer regarding the HUD/DFEH complaint process can be found on the housing authority website.
2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS HUD regulations require the PHA to ensure that persons with disabilities related to hearing and vision have reasonable access to the PHA's programs and services [24 CFR 8.6].
At the initial point of contact with each applicant, the PHA shall inform all applicants of alternative forms of communication that can be used other than plain language paperwork.
PHA Policy
To meet the needs of persons with hearing impairments, TTD/TTY [(310) 917-6626] communication will be available.
To meet the needs of persons with vision impairments, large-print of key program documents will be made available upon request. Audio versions may be made available upon request. When visual aids are used in public meetings or presentations, or in meetings with PHA staff, one-on-one assistance will be provided upon request.
Additional examples of alternative forms of communication are sign language interpretation; having material explained orally by staff; or having a third party representative (a friend, relative or advocate, named by the applicant) to receive, interpret and explain housing materials, be present at meetings held with the family, or to represent the family and the family’s interests. Should the family designate an individual as such a representative, a written, notarized authorization must be submitted to the PHA specifically designating the individual, including an acknowledgement that the family is still responsible for all family obligations under the programs.
12.A.c
Packet Pg. 444 Attachment: Draft Administrative Plan FY 2025-2026 2 (6708 : SMHA 5-Year Plan / SMHA PHA Plan) © Copyright 20243 Nan McKay & Associates
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