HomeMy WebLinkAbout2013-04-02; Community Development Commission; 436; Public Housing Agency Annual Administrative PlanCITY OF CARLSBAD
COMMUNITY DEVELOPMENT COMMISSION - AGENDA BILL
AB#
MTG.
DEPT.
436
4/2/2013
HNS
CARLSBAD PUBLIC HOUSING
AGENCY ANNUAL PLAN AND
ADMINISTRATIVE PLAN
DEPT.DIRECTOR
CITY ATTY.
CITY MGR.
524
RECOMMENDED ACTION:
HOLD a Public Hearing and ADOPT Community Development Commission Resolution No.
APPROVING the Carisbad Public Housing Agency Annual Plan and Administrative Plan and AUTHORIZING
submission to the U.S. Department of Housing and Urban Development.
ITEM EXPLANATION:
The Housing & Neighborhood Services Department administers the federally funded Section 8 Rental
Assistance Program for the City of CaHsbad Public Housing Agency. Pursuant to Code of Federal
Regulations 24 Part 903, a Public Housing Authority is required to submit a 5-Year and Annual Plan to the
U.S. Department of Housing and Urban Development (HUD). The 5-Year and Annual PHA Plan provide a
basic guide to Public Housing Agency policies, rules, and requirements concerning the Agency's
operations, programs and services. In addition, the Plan advises HUD and members ofthe public about
the mission and strategies for serving the needs of low-income and very low-income families within the
Agency's junsdiction. On April 13, 2010 the Housing and Redevelopment Commission, now known as the
Community Development Commission, approved the 5-Year Plan for fiscal years 2010-2014 and
approved the submission ofthe plan to HUD. At this time, the Agency must submit its annual plan and
its Administrative Plan to HUD.
HUD's Section 8 Management Assessment Program (SEMAP) has ranked the CaHsbad Housing Agency as
a "High Performer." As a High Performing Housing Agency, the PHA Annual Plan requirement is to
identify the PHA Plan elements that have been revised since the last Annual Plan submission. In the PHA
Plan Update segment, the areas that have been revised and updated are: Financial Resources - funding
received; Rent Determination, specifically Payment Standards; and Fiscal Year Audit - FY ending June 30,
2012. The PHA Plan updates the Housing Needs section with the most current statistics from the Section
8 Waiting List and outlines the progress that the PHA has made since the last Plan submission.
Once approved, the following documents must be submitted in addition to the PHA Plan template (form
HUD 50075):
• Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related
Regulations (which includes all certifications relating to Civil Rights);
• Resident Advisory Board (RAB) comments; and
• Challenged Elements - identify any elements of the PHA Plan that is challenged.
DEPARTMENT CONTACT: Bobbi Nunn 760-434-2816, Bobbi.Nunn(5)carisbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
Additionally, the PHA must adopt a written administrative plan that establishes local policies for
administration ofthe Section 8 rental assistance program. The administrative plan establishes policy on
matters for which the PHA has local discretion. The administrative plan and any revisions ofthe plan must
be formally adopted by the PHA Board of Commissioners or other PHA officials. The Community
Development Commission is the governing board for the CaHsbad Housing Agency.
The revised Administrative Plan updates the following changes that impact the CaHsbad Housing Agency:
• Changes references to the Housing and Redevelopment Commission and replaces with the
Community Development Commission
• Updates the address of the PHA to 1200 Carlsbad Village Drive, CaHsbad, CA 92008
The following administrative policies have been revised:
• Revises the Fair Housing Policy section to add: sex/gender identity and expression as a protected
class not to be excluded for access to the Section 8 rental assistance program.
• Changes the policy on approving Live-In Aide requests; the PHA will no longer issue a second
bedroom subsidy to accommodate a Live-In Aide ifthe requesting household consists of one
person. HUD guidelines recommend that a one person household should be issued a subsidy
based on a zero bedroom unit (studio). Currently, the PHA issues a one person household a one
bedroom voucher; therefore, the PHA's subsidy standard exceeds the minimum subsidy standard
established by HUD. Furthermore, HUD specifies that a living room can be used as a sleeping
room. This policy change is proposed in response to ongoing reductions in federal funding for the
program and will help to conserve assistance funds to help more families.
• Establishes a policy that restricts an assisted family to move one time within a 12 month period.
Exceptions may be made to accommodate a disability; accommodate a person who is a victim of
domestic violence; or other situations that may be documented as critical to the household. This
change in policy will reduce the number of moves that are processed and reduce the number of
inspections which will conserve staff time; and may assist in reducing housing assistance costs.
PUBLIC REVIEW AND HEARING:
The Draft Annual Public Housing Agency Plan and Administrative Plan were available for public review
and comment prior to adoption by the Community Development Commission. The 45 day public review
period ended on March 26, 2013. Public comments from the public review period and hearing will be
addressed and included in the final Public Housing Agency Plan when it is submitted to HUD.
HOUSING COMMISSION RECOMMENDATION:
The Housing Commission reviewed the CaHsbad Public Housing Agency Annual Plan and Administrative
Plan on March 7, 2013, and adopted Resolution No. 2013-001 recommending that the Community
Development Commission approve the CaHsbad Public Housing Agency Annual Plan for Fiscal Year 2013
and the revised Administrative Plan for submission to the U.S. Department of Housing and Urban
Development.
FISCAL IMPACT;
The PHA Plan and Administrative Plan govern the federal funds allocated for administration ofthe
Section 8 Rental Assistance Program. For calendar year 2012, the City of CaHsbad received
approximately $6.34 million for rental assistance payments and operating expenses from HUD.
ENVIRONMENTAL IMPACT;
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and therefore
does not require environmental review.
EXHIBITS:
1. Community Development Commission Resolution No. 524 > to approve the
CaHsbad Public Housing Agency Annual Plan and Administrative Plan and authorize submission to
the U.S. Department of Housing and Urban Development
2. PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution
to Accompany the PHA 5-Year and Annual PHA Plan, form HUD-50077 (4/2008)
3. Draft Housing Commission Meeting Minutes, March 7, 2013
4. Housing Commission Resolution No. 2013-001, adopted March 7, 2013
5. Housing Commission Staff Report, dated March 7, 2013
6. Draft Annual PHA Plan for Fiscal Year 2013, form HUD-50075 (4/2008)
7. Draft Administrative Plan for the Section 8 Housing Voucher Program, revised February 2013
EXHIBIT 1
1 RESOLUTION NO. 524
2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING THE CHAIRPERSON OF THE COMMUNITY
4 DEVELOPMENT COMMISSION TO EXECUTE THE PUBLIC HOUSING
AGENCY (PHA) CERTIFICATIONS OF COMPLIANCE WITH THE PHA
5 PLANS AND RELATED REGULATIONS AND APPROVING THE
ANNUAL PHA PU!\N FOR FISCAL YEAR 2013 AND THE
^ ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING CHOICE
7 VOUCHER PROGRAM FOR SUBMISSION TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD)
8 "
9
IQ WHEREAS, the Housing & Neighborhood Services Department ("Housing Agency")
11 administers the Section 8 Rental Assistance Program for the CaHsbad Housing Authority for the
12 City of Carlsbad; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued
regulations requiring Public Housing Agencies (PHA) to submit a 5-year and Annual Plan consistent
with the City of CaHsbad's Consolidated Plan and local objectives; and
13
14
15
16
jy WHEREAS, the U.S. Department of Housing and Urban Development requires that the PHA
18 revise the Administrative Plan for the Section 8 Housing Choice Voucher Program to comply with
HUD regulations and changes in local policies; and
20
WHEREAS, the Department of Housing and Urban Development (HUD) further requires
21
that the Community Development Commission approve the Annual PHA Plan for Fiscal Year 2013
22
and the revised Administrative Plan, and authorize the Chairperson of the Community
24 Development Commission to execute the PHA Certifications of Compliance with the PHA Plans and
25 Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan for
submission to the U.S. Department of Housing and Urban Development
27
28
8
9
10
11
12
15
16
17
18
19
22
23
24
25
26
27
28
///
13 ///
14 ///
///
///
///
///
20 ///
21 ///
///
///
///
///
1. The above recitations are true and correct.
2. The CaHsbad Public Housing Authority (PHA) Annual Plan for Fiscal Year 2013 and
1 NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the
^ City of CaHsbad, California, as follows that
3
4
5
5 the revised Administrative Plan is hereby approved. The Chairperson of the
7 Community Development Commission is hereby authonzed to execute the PHA
Certifications of Compliance with the PHA Plans and Related Regulations and submit
them together with this resolution to the Department of Housing and Urban
Development.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Community
Development Commission of the City of Carisbad on the 2nd day of April, 2013, by the
following vote, to wit:
AYES: Commission Members Hall, Packard, Wood, Blackburn, Douglas
NOES: None.
ABSENT: None.
MM MATT
ATTEST:
JOHN COATES, Secretary
(SEAL)
EXHIBIT 2
EXHIBIT #2
PHA CERTIFICATIONS OF COMPLIANCE
WITH PHA PLANS AND RELATED REGULATIONS
PHA Certifications of Compliance
with PHA Plans and Related
Regulations
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Expires 4/30/2011
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan
Acting on behalf ofthe Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-Year and/or XX Annual PHA
Plan for the PHA fiscal year beginning Julv 1, 2013. hereinafter referred to as " the Plan ", of which this document is a part and make
the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the
submission of the Plan and implementation thereof:
1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such
strategy) for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing
Choice, for the PHA's Jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable
Consolidated Plan.
3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund
Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital
Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if
there is no change.
4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by
the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or
Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the
Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45
days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and
invited public comment.
6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
7. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any
impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the
resources available and work with local Jurisdictions to implement any of thejurisdiction's initiatives to affirmatively further
fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions.
8. For PHA Plan that includes a policy for site based waiting lists:
• The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner
(as specified in PIH Notice 2006-24);
• The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in
which to reside, including basic information about available sites; and an estimate of the period of time the applicant
would likely have to wait to be admitted to units of different sizes and types at each site;
• Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a
pending complaint brought by HUD;
• The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair
housing;
• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications, as specified in 24 CFR part 903.7(c)(1).
9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, PoUcies and Procedures for the
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment
Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
Previous version is obsolete Page 1 of 2 form HUD-50077 (4/2008)
12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable.
13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry
out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58
or Part 50, respectively.
15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under
Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard
Reduction Act of 1992, and 24 CFR Part 35.
18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State,
Local and Indian Tribal Govemments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Govemments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. All required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
21. The PHA provides assurance as part of this certification that:
(i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs
before implementation by the PHA;
(ii) The changes were duly approved by the PHA Board ofDirectors (or similar goveming body); and
(iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during
normal business hours.
22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
Carlsbad Housing Agencv CA077
PHA Name PHA Number/HA Code
5-Year PHA Plan for Fiscal Years 20 - 20
XX Annual PHA Plan for Fiscal Years 2013-2014
I hereby certify that all the infonnation stated herein, as well as any infonnation provided in the accompaniment herewith, is true and accurate. Warning: HUD will
prosecute false claims and statements. Conviction mav result in criminal and/or civil penahies. (18 U.S.C. 1001. 1010. 1012; 31 U.S.C. 3729.3802)
Name of Authorized Official
MATT HALL
Title
CHAIRMAN, Community Development Commission
Date -//y//J
Previous version is obsolete Page 2 of 2 form HUD-50077 (4/2008)
EXHIBIT 3
EXHIBIT #3
DRAFT HOUSING COMMISSION MEETING MINUTES
MARCH 7, 2013
0
Minutes of: HOUSING COMMISSION
Time of Meeting: 6:00 P.M.
Date of Meeting: MARCH 7, 2013
Place of Meeting: CITY COUNCIL CHAMBERS
CALL TO ORDER
Chairperson Smith called the Meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Igoe led with the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Susan Igoe
Craig Kirk
Bobbie Smith
Absent: Brian Andrews
Emelda Bradwell
Staff Present:
Housing Program Manager: Bobbi Nunn
Management Analyst: Courtney Enriquez
APPROVAL OF MINUTES
Minutes of October 16, 2012, meeting were approved as written.
VOTE: 3-0
AYES: Igoe, Kirk and Smith
NOES: None
ABSTAIN: None
ABSENT: Andrews and Bradwell
ITEM NOT ON AGENDA
There were no items not on the agenda.
NEW BUSINESS
Bobbi Nunn, Housing Program Manager, gave her presentation of the Carlsbad Annual Public Housing
Agency Plan and Administrative Plan.
Commissioner Igoe had a question regarding the Vista Terrace Solutions for Change, there are 47 units
added there. Could you give a little run down on this project, since they are in Vista?
Ms. Nunn said it is a complex in Vista and we supported it with HOME funds so it is not a new complex.
Commissioner Igoe asked if the Solutions for Change are an intermediate housing.
Ms. Nunn said right, it is transitional housing. It gives support sen/ices to give people who are homeless
with children; some may have issues with drug and alcohol abuse. It is a way to keep the family together,
to be able to provide support services to them while they are staying at this transitional housing. Then to
transition them into traditional housing once they have gone through a program and have the social
services they need.
Commissioner Igoe commented that it sounds like a great program.
II
HOUSING COMMISSION MINUTES
March 7, 2013
PAGE 2 of 3
Ms. Nunn agreed. She said there was some controversy since it is not in Carisbad, but there are
residents in Carisbad that do receive the benefit through that program.
Commissioner Igoe commented she was part of a CDBG committee and remembered Solutions for
Change asking for funding. I thought it was a great idea then. Being the size of what Carisbad is, we
probably wouldn't really have room to have something like that. It makes sense to fund it in a different
city.
Ms. Nunn said she thinks it is difficult for us to find property to acquire as it is.
Commissioner Kirk had a question regarding the limitations for the number of times that an assisted
family can move. Can you give a little background on what the issue was and what happens if they do
move more than once?
Ms. Nunn said she cannot tell him what happens if they do move more than once because this is a new
policy for us. When the program first originated, participants had to stay in a unit for one year. Then
HUD changed the policies to allow owners to use their own rental agreements or leases. Because
Carisbad is harder to find rental units, we allowed owners to provide their own rental agreements or
leases. We didn't put a restriction on how long of a lease it would have to be; they could have a month-
to-month or a specific lease time. It does take a lot of staff time to process a move, which is one of the
reasons why we were looking at changing the policy and limiting it. It is a pretty standard practice
amongst the industry. A lot of the other housing agencies require a one year lease:
Commissioner Kirk said he would like to know what happens if for some circumstance they need to move
more than once. Are they out of the program?
Ms. Nunn said this is a new policy. I am sure that most of the people who are going to be asking to move
once they are told they can't move, they will pi*obably not move. We will take into consideration special
circumstances. If someone Is Shaving problems where they are living, for example environmental
problems such as mold,: then they would be allowed to ttiove. If we^are accommodating a disability and
they need to move into a place that is maybe more accessible for them, then we would allow them to
move.
Commissioner Kirk said he just wanted to ensure that if there was some compelling reason why they did
need to move hlore than one time, that there was special consideration given to that.
Ms. Nunn commented you can read in the Administrative Plan that part was left open and can be on a
case-by-case basis. We will allow them to move in cases of reasonable accommodation. We do have
families that are chronic movers and it is a lot of paperwork that is involved in doing that.
Chairperson Smith applauded Ms. Nunn's presentation.
Commissioner Igoe also congratulated Ms. Nunn for the five years in a row of being a high performer.
Commissioner Kirk made a motion that the Housing Commission adopt Resolution number 2013-001
recommending that the Community Development Commission approve the Carisbad Public Housing
Agency Annual Plan for Fiscal Year 2013 and the revised PHA Administration Plan for submission to the
U.S. Department of Housing and Urban Development.
Commissioner Igoe seconded the motion.
VOTE: 3-0
AYES: Igoe, Kirk, and Smith
NOES: None
ABSTAIN: None
ABSENT: Andrews and Bradwell
HOUSING COMMISSION MINUTES
March 7,2013
PAGE 3 of 3
DIRECTOR'S REPORT
Ms. Nunn shared information on Tavarua, a new senior housing development. She also shared
information on a program that is called NextDoor.com and Courtney Enriquez, Management Analyst,
provided an overview of the new program.
ADJOURNMENT
By proper motion, the meeting of March 7, 2013, was adjourned at 6:40 p.m.
Respectfully submitted.
Deborah Fountain
Housing & Neighborhood Services Director
PATRICIA CRESCENTI
Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED.
EXHIBIT #4
HOUSING COMMISSION RESOLUTION NO. 2013-001
MARCH 7, 2013
HOUSING COMMISSION RESOLUTION NO. 2013-001
3 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE
4 CARLSBAD ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR
FISCAL YEAR 2013 AND ADMINISTRATIVE PLAN AND
AUTHORIZATION TO SUBMIT TO THE U.S. DEPARTMENT OF
6 HOUSING AND URBAN DEVELOPMENT
7
8
9
10
11
WHEREAS, the Housing & Neighborhood Services Department administers the Section 8
Rental Assistance Program for the City of Carlsbad's Public Housing Agency (PHA); and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued
regulations requiring PHAs to submit 5-Year and Annual Plans consistent with the City of
12 Carlsbad's Consolidated Plan and local objectives; and
13 WHEREAS, the U.S. Department of Housing and Urban Development requires that the
14 PHA revise the Administrative Plan to comply with HUD requirements and changes in local
1 ^ policies; and
WHEREAS, federal regulations provide that the 5-Year and Annual Plans and
Administrative Plan must be adopted by the Board of Commissioners of the Housing Agency and
submitted to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission ofthe
City of Carlsbad, California, as follows:
16
17
18
19
20
21
22 1. The above recitations are true and correct.
^•^ 2. That based on the information provided within the Housing Commission Staff Report,
24 the Housing Commission ADOPTS Resolution No. 2013-001, recommending to the
25
26
27
28
15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HC RESOLUTION NO. 2012-001
PAGE 2
//
Community Development Commission APPROVAL of the Carlsbad Annual PHA Plan for
Fiscal Year 2013 and the Administrative Plan and authorization to submit to the U.S. Department
of Housing and Urban Development.
The Housing Commission hereby recommends that the Housing & Neighborhood Services
Director be authorized to execute all appropriate documents required for the submittal of said
Annual PHA Plan.
PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing
Commission of the City of Carlsbad, Califomia, held on the 7th day of March 2013, by the
following vote, to wit:
AYES: IGOE, KIRK AND SMITH
NOES: NONE
ABSENT: BRADWELL AND ANDREWS
ABSTAIN: NONE
lOBBIE SMITH, CHAIRPERSON
CABISBAD HOUSING COMMISSION
DEBBIE FOUNTAIN
HOUSING & NEIGHBORHOOD SERVICES DIRECTOR
EXHIBIT #5
HOUSING COMMISSION STAFF REPORT
MARCH 7, 2013
1
The City of Carlsbad Housing & Neighborhood Services
A REPORT TO THE HOUSING COMMISSION
Staff: Bobbi Nunn
Housing Program Manager
Item No. 1
DATE: March 7,2013
SUBJECT: CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE
PLAN
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 2013-001, RECOMMENDING that the Community
Development Commission APPROVE the Carisbad Public Housing Agency (PHA) Annual Plan for Fiscal Year 2013
and the revised PHA Administrative Plan.for submission to the U.S. Department of Housing and Urban
Development.
II. BACKGROUND
Housing & Neighborhood Services administers the federally funded Section 8 Rental Assistance Program for the
Public Housing Authority in Carisbad, which is more specifically known as the Carisbad Housing Agency. Pursuant
to code of federal regulations (CFR) 24 Part 903, a Public Housing Authority (PHA) is required to submit a 5-Year
and Annual Plan. The 5-Year and Annual PHA Plans provide a basic guide to PHA policies, rules, and
requirements concerning the PHAs operations, programs, and services. In addition, the Plan advises HUD and
members of the public the PHA's mission and strategies for serving the needs of low-income and very low-
income families. The 5-Year Plan for fiscal years 2010 - 2014 was approved by the Housing and Redevelopment
Commission, now known as the Community Development Commission, on April 13, 2010 for submission to HUD.
Additionally, the PHA must adopt a written administrative plan that establishes local policies for administration
of the Section 8 rental assistance program. The administrative plan states PHA policy on matters for which the
PHA has discretion to establish local policies. The administrative plan and any revisions ofthe plan must be
formally adopted by the PHA Board of Commissioners or other PHA officials. The Community Development
Commission is the governing board for the Carisbad Housing Agency.
IIL DISCUSSION
The Draft PHA Annual Plan and revised Administrative Plan are available for public review and comment prior to
a Public Hearing and adoption by the Community Development Commission. The public review period will end
on March 26, 2013, and the Public Hearing is tentatively scheduled for April 2, 2013. All public comments
received on the Draft PHA Plan and revised Administrative Plan will be addressed and included in the final
documents.
CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN
March 7, 2013
Page 2
As a High Performing Housing Agency, the only requirement for the PHA Annual Plan is to identify PHA Plan
elements that have been revised by the PHA since the last Annual Plan submission. The following areas are
addressed in the PHA Plan Update segment:
• Financial Resources;
• Rent Determination, specifically Payment Standards; and
• Fiscal Year Audit.
Once the Plan is approved, the following documents are required to be submitted with the PHA Plan template
(form HUD 50075):
• Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which
includes all certifications relating to Civil Rights); and
• Resident Advisory Board (RAB) comments and a narrative describing the analysis of any
recommendations and decisions made regarding the recommendations.
The revised Administrative Plan updates the following changes to the Carisbad Housing Agency:
• Changes references to the Housing and Redevelopment Commission to the Community Development
Commission
• Updates the address of the PHA to 1200 Carisbad Village Drive, Carlsbad, CA 92008
In addition the following policies have been revised:
• Adds sex/gender identity and expression under the Fair Housing Policy.
• Regarding the approval of Live-In Aide requests, the PHA will no longer issue a second bedroom to
accommodate the request for a Live-In Aide ifthe household consists of one person. HUD specifies that a
living room can be used as a sleeping room. Additionally, the HUD guidelines recommend that a one
person household should be issued a subsidy based on a zero bedroom unit (studio). The PHA currently
issues a one person household a one bedroom voucher; therefore, the PHA's subsidy standard exceeds
the minimum subsidy standard established by HUD. This policy change is in response to ongoing
reduction in funding and will result in a savings of housing assistance funds.
• The PHA has established a move policy that will allow an assisted family to move one time within a 12
month period. Exceptions may be made to accommodate a disability, accommodate a person who is a
victim of domestic violence, or other situations that may be documented as critical. Again this change in
policy will cut down on the number of moves that are processed and conserve staff time and may assist
in reducing housing assistance costs.
IV. STAFF RECOMMENDATION
Staff recommends that the Housing Commission adopt Resolution No. 2013-001, recommending that the
Community Development Commission approve the PHA Annual Plan for Fiscal Year 2013 and the revised
Administrative Plan for submission to the U.S. Department of Housing and Urban Development.
V. EXHIBITS
1. Housing Commission Resolution No. 2013-001
2. Annual PHA Plan (form HUD-50075) for Fiscal Year 2013
3. Administrative Plan for the Section 8 Housing Voucher Program, revised February 2013
'1
EXHIBIT #6
DRAFT ANNUAL PHA PLAN
FISCAL YEAR 2013
^0
PHA 5-Year and
Annual Plan
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 4/30/2011
CITY OF
CARLSBAD
HOUSING AGENCY
Public Housing Agency Annual Plan
for Fiscal Year 2013
This information collection is authorized by Section 511 ofthe Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S.
Housing Act of 1937, as amended, which introduced 5-Year and Annual PHA Plans. The 5-Year and Annual PHA plans provide a ready source for
interested parties to locate basic PHA policies, rules, and requirements conceming the PHA's operations, programs, and services, and informs HUD,
families served by the PHA, and members ofthe public ofthe PHA's mission and strategies for serving the needs of low-income and very low-income
families. This forni is to be used by all PHA types for submission of the 5-Year and Annual Plans to HUD. Public reporting burden for this information
collection is estimated to average 12.68 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not
required to complete this form, unless it displays a cunently 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 forni 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
Page 1 of 9 form HUD-50075 (4/2008)
9^^
PHA 5-Year and
Annual Plan
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
OMB No. 2577-0226
Expires 4/30/2011
1.0 PHA Information
PHA Name: CARLSBAD HOUSING AGENCY - CARLSBAD HOUSING & NEIGHBORHOOD SERVICES
PHA Code: CA077
S High Performing PHA Type: • Small
PHA Fiscal Year Beginning: (MM/YYYY): 07/2013
• Standard S HCV (Section 8)
2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above)
Number of PH units: N/A Number of HCV units: 703 baseline
3.0 Submission Type
O 5-Year and Annual Plan Annual Plan Only • 5-Year Plan Only
4.0 PHA Consortia
Not applicable
• PHA Consortia: (Check box if submitting a joint Plan and complete table below.)
Participating PHAs PHA
Code
Program(s) Included in the
Consortia
Programs Not in the
Consortia
No. of Units in Each
Program
PH HCV
PHA
PHA 2
PHAS
5.0 5-Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update.
NOT REQUIRED @ ANNUAL PLAN SUBMISSION
5.1 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:
NOT REQUIRED @ ANNUAL PLAN SUBMISSION
5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the
needs of low-income and very low-income, and extremely low-income families for the next five years. Include a
report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan.
NOT REQUIRED @ ANNUAL PLAN SUBMISSION
Page 2 of9 form HUD-50075 (4/2008)
9>
6.0 PHA Plan Update:
Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission:
2. Financial Resources:
Statement of Financial Resources: Planned Sources and Uses
[24 CFR Part 903.12 (b), 903.7 (c)]
Source: Federal Grants (CY 2012 grants)
Annual Contributions for HCV Program -
Housing Assistance Payments (HAP)
$ 5,767,972
Annual Contributions for HCV Program -
Administrative Fees for Program Operations
$ 572,179
Total Resources $ 6,340,151
3. Financial Resources:
Rent Determination
Pavment Standards
Describe the voucher payment standards and policies.
What is the PHA's payment standard? (select the category that best describes your standard)
3 Above 100% but at or below 110% of FMR.
Ifthe payment standard is higher than FMR, why has the PHA chosen this level? (select all that
apply)
13 FMRs are not adequate to ensure success among assisted families in the PHA's segment of
the FMR area
3 Reflects market or submarket
3 To increase housing options for families
Kl Other (list below)
• Higher standards based on the San Diego Apartment Association Rent Survey for the
city of Carisbad.
11. Fiscal Year Audit:
Year ended June 30, 2012 - The audit disclosed no audit findings required by the auditors
to be reported under paragraph .510(a) of OMB Circular A-133.
Page 3 of 9 form HUD-50075 (4/2008)
6.0 PHA Plan Update - continued
(a) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual
PHA Plan: (For a complete list of PHA Plan elements, see Section 6.0 of the instructions.)
Main administrative office ofthe PHA:
• City of CaHsbad
Housing & Neighborhood Services
1200 Carisbad Village Drive
CaHsbad, CA 92008
Main administrative office of the local, county or State government:
City of Carlsbad-City Hall
City Clerk
1200 CaHsbad Village Drive
CaHsbad, CA 92008
Public libraries:
City of CaHsbad
Main Library
1775 Dove Lane
CaHsbad, CA 92011
• City of Carlsbad
Georgina Cole Library
1250 Carlsbad Village Drive
CaHsbad, CA 92008
Other:
• City of CaHsbad
Senior Center
799 Pine Avenue
CaHsbad, CA 92008
PHA Plan Supporting Documents are available for inspection at:
Main business office of the PHA:
• City of Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
CaHsbad, CA 92008
7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public
Housing, Homeownership Programs, and Project-based Vouchers. Include statements related to these programs
as applicable.
Not applicable
Page 4 of 9 form HUD-50075 (4/2008)
g Q Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable.
Not applicable
g J Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and
Annual Plan, annually complete and submit the Capital Fund Program Annual Statement/Performance and
Evaluation Report, form HUD-50075.1, for each current and open CFP grant and CFFP financing.
^ot applicable
8.2 Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete
and submit the Capital Fund Program Five-Year Action Plan, form HUD-50075.2, and subsequent annual updates (on
a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included
in the Five-Year Action Plan.
Not applicable
g 2 Capital Fund Financing Program (CFFP).
• Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor
(RHF) to repay debt incurred to finance capital improvements.
A^ot applicable
Page 5 of 9 form HUD-50075 (4/2008)
^5
9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD,
and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very
low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly
families, families with disabilities, and households of various races and ethnic groups, and other families who are on
the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must
address issues of affordability, supply, qualify, accessibilify, size of units, and location.
CARLSBAD HOUSING AGENCY: Section 8 Waiting List, Demographic Summary Report
Housing Needs of Families on the Section 8 Waiting List
Number of Families Percentage of Total
Families
Waiting List Total 395
Extremely Low Income [<=30% AMI) 288 72.9 percent
Very Low Income(>30% but <=50% AMI) 92 23.3 percent
Low Income (>50% but <80% AMI) 14 3.5 percent
Families with Children * 50 12.7 percent
Elderiy Families 0 0.0 percent
Families with Disabilities * 112 28.4 percent
* Note: Some families may be disabled families AND families with children.
Race/Ethnicity
Black 75 19.0 percent
White 295 74.7 percent
Hispanic 66 16.7 percent
American Indian 8 2.0 percent
Asian 12 3.0 percent
Note: Individuals may self-identify more than one race and/or ethnicity.
Aae bv Gender
AGE SEX
UNKNOWN
MALE FEMALE HEAD OF HH
MALE
HEAD OF HH
FEMALE
0-5 -5 8 0 0
6-12 -18 16 0 0
13-17 -22 13 0 0
18 -2 4 0 0
19-29 -13 15 0 8
30-39 -8 28 5 23
40-49 -6 18 5 16
50-54 -6 15 7 13
55-61 -10 6 6 5
62-65 -1 1 1 1
Over 65 -18 30 16 17
Sex not
defined 428 0 0 0 0
DOB not
defined 0 0 5 0
TOTAL 428 109 154 45 83
Page 6 of9 form HUD-50075 (4/2008)
9.0 Race
RACE NUMBER OF APPLICANTS PERCENTAGE
White 551 79.3 percent
Black 92 13.2 percent
American Indian 7 1.0 percent
Asian 17 2.4 percent
Other 4 .06 percent
Multiple 2 .03 percent
Not Decared 21 3.0 percent
TOTAL 689
Elderly/Disabled
AGE ELDERLY NON-ELDERLY DISABLED
0-17 0 86 3
18-61 0 411 97
62 and Older 194 0 93
TOTAL 194 497 193
Average Annual Income
Average Family Size = 1.26 Average Annual Income per Family = $12,893
FAMILY SIZE AVERAGE ANNUAL INCOME
1 11,175
2 20,251
3 22,693
4 23,220
5 31,135
6 25,800
7 41,708
Earned Income
NUMBER OF FAMILIES
WITH EARNED INCOME
PERCENTAGE OF FAMILIES WITH EARNED INCOME
70 12.73 percent
9.1
N/A
Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the
housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8
only, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan.
NOT REQUIRED @ ANNUAL PLAN SUBMISSION
Page 7 of9 form HUD-50075 (4/2008)
Additional Information. Describe the following, as well as any additional information HUD has requested.
10.
(a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission
and goals described in the 5-Year Plan.
See Attached: PROGRESS IN MEETING MISSION AND GOALS STATEMENT
(b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant
amendment" and "substantial deviation/modification"
PHA Definition of "significant amendment" and "substantial deviation/modification": Any
change that will substantially negatively impact a majority of Section 8 participants and/or
Section 8 Waiting List applicants, unless that change is required or mandated as a result of
funding constraints and/or regulatory changes.
11. Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs
must submit the following documents. Items (a) through (g) may be submitted with signature by mail or
electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be
attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field
Office.
(a) Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which
includes all certifications relating to Civil Rights)
(b) Form HUD-50070, Certification for a Drug-Free Workplace (PHAs receiving CFP grants only) Not Applicable
(c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants
only) Not Applicable
(d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) Not Applicable
(e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only)
Not Applicable
(f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as
an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis ofthe
recommendations and the decisions made on these recommendations.
(g) Challenged Elements
(h) Form HUD-50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs
receiving CFP grants only^ Not Applicable
(i) Form HUD-50075.2, Capital Fund Program Five-Year Action Plan (PHAs receiving CFP grants only) Not
Applicable
Page 8 of 9 form HUD-50075 (4/2008)
ATTACHMENT TO HUD-50075
PHA ANNUAL PLAN - FY 2013
PROGRESS IN MEETING MISSION AND GOALS STATEMENT
PROGRESS OF 5-YEAR PLAN GOALS AND OBJECTIVES: FY 2010 - 2013
PHA Goal: Expand the supply of assisted housing
Objective: 1) Leverage private or other public funds to create additional housing opportunities; and
2) Collaborate with private developers and non-profit agencies.
• Affordable Housing Construction Assistance - CaHsbad's affordable housing program allows the
City to assist in the development of new affordable housing units; resulting in an increase ofthe
availability of affordable housing for renters that is decent and safe.
PHA 5-YEAR PLAN GOALS AND
OBIECTIVES
2010 2011 2012 2013 2014 Total Units
2010-2014
Ass/St in construction of new affordable
housing.
11
units 0 47
units
101
units 159
Roosevelt Gardens
Partnership with Habitat for Humanity 11
Vista Terrace
Partnership with Solutions for Change 47
Tavarua Affordable Senior Apartments 50
Costa Pointe 9
Carol and Harding Duplex Project 42
PHA Goal: Improve the quality of assisted housing
Objective: Improve voucher management (SEMAP score).
• Designated by HUD as a high-performer for FY 2008, 2009, 2010, 2011 and 2012
• Maintained and utilized HAP costs within the HUD funding allocation
• Maintained a 97% PIC reporting rate
COMMENTS AND CHALLENGES
Page 9 of9
EXHIBIT #7
DRAFT ADMINISTRATIVE PLAN
REVISED FEBRUARY, 2013
3
ADMINISTRATIVE PLAN
FORTHE
SECTION 8
HOUSING CHOICE VOUCHER PROGRAM
CITY OF
CARLSBAD
H^3USII^Cf -^V-Cf EilSf C^^i^
HOUSING & NEIGHBORHOOD SERVICES
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Revised February 2013
TABLE OF CONTENTS
I. INTRODUCTION
A. Local Objectives
B. Purpose of the Administrative Plan
C. Code of Conduct
D. Administrative Fee Reserve
II. FAIR HOUSING POLICY
A. Accommodations
B. Equal Employment Opportunity
C. Owner Outreach
D. Family Outreach
E. Limited English Proficiency
III. ADMISSION TO THE PROGRAM
A. Waiting List Collaboration between Housing Authorities
B. Waiting List Administration
C. Waiting List Purge
D. Admission Preferences for Selection of Applicants
Single Elderly, Disabled, or Displaced Person
Income Targeting
Local Preferences
E. Order ofWaiting List Selection
IV. DETERMINATION OF APPLICANT ELIGIBILITY
A. Eligible Lawful Resident
B. Family Definition/Composition
C. Continuously Assisted
D. Selection from the Waiting List
E. Denial of Admission
9
9
10
10
11
V. VOUCHER ISSUANCE AND BRIEFINGS
A. Briefing of Applicants
B. Voucher Term Limit
C. Suspension or "tolling"
D. Voucher Payment Standard
E. Rent Reasonableness
12
12
12
13
13
13
TOC-i
Carlsbad Housing Agency - Administrative Plan
9-
VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION 13
A. Subsidy Standards 14
B. Exception to Subsidy Standards 14
C. Initial Household Composition 14
D. Additions to Initial Household Composition 14
E. Other Household Additions 15
F. Live-In Aide 15
G. Guest Policy 16
H. Family Absence from the Unit 16
I. Family Break-up 16
J. Joint Custody of Children 17
VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT (HAP)
CONTRACT 17
A. Family Tenancy History 17
B. Submittal of the Request for Tenancy Approval 17
C. Security Deposits 17
D. Damage Claim Provisions 18
E. Housing Quality Standards and Inspections 18
F. Housing Assistance Payment 19
G. Moves 19
VHI. SPECIAL HOUSING TYPES 19
A. Special Housing Types-Manufactured Home 19
B. Other Special Housing Types 19
IX. DEBTS OWED TO THE HOUSING AGENCY 20
A. Owner 20
B. Applicant 20
C. Participant 20
D. Repayment Agreements 20
X. ANNUAL AND INTERIM REEXAMINATIONS 21
A. Recertification 21
B. Interim Reexaminations 21
C. Family Moves 21
D. Portability 21
XI. VERIFICATION POLICY 22
A. Enterprise Income Verification 22
B. Medical Expenses 23
TOC - ii
Carlsbad Housing Agency - Administrative Plan ^
3^
XII. OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF
ASSISTANCE 23
A. Family Obligations 23
B. Termination Information for Participant 24
C. Illegal Drug Use (Rehabilitation) 24
D. Drug-Related Criminal Activity 24
E. Violent Criminal Activity 24
F. Crime by Family Member 24
G. Serious and Repeated Violation of the Lease/Rental Agreement 25
H. Fraud or Other Program Violations 25
I. Violence against PHA Personnel 25
J. Violence Against Women Act (VAWA) 25
XIII. PROCEDURES FOR INFORMAL REVIEW OR HEARING 2 5
A. Informal Review - Applicant 25
B. Informal Hearing - Participant 26
C. Hearing Notice to Participant 26
D. Pre-Hearing Discovery 26
XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS 26
A. Reviewof the Lease/Rental Agreement 26
B. Owner Violations ofthe HAP Contract 27
C. Disapproval of Owner for "Drug Trafficking" 27
D. Disapproval of Owner for HQS Violation 27
XV. PROJECT-BASED HOUSING CHOICE VOUCHERS 27
A. General Provisions 27
B. Background 27
C. Eligible Housing 27
D. Selection of PBV Owner Proposals 28
E. Subsidy Layering Requirements 29
F. Maximum Number of PBV units per Building 29
G. Site Selection Standards 29
H. Environmental Review 29
I. Inspection of the Project and Units 29
J. Agreement to Enter Into a Housing Assistance Payments (HAP) Contract 30
K. Term ofthe HAP Contract 30
L. Owner Maintenance and Operation 30
M. Participant Selection for PBV assistance 30
N. Owner Selection of Tenants 31
0. Vacancies 31
P. Overcrowded, Under-Occupied, and Accessible Units 31
Q. Family Right to Move 32
R. Rent to Owner 32
S. PHA and Tenant Payment to Owner for Occupied Unit 32
TOC-iii
Carlsbad Housing Agency - Administrative Plan \
b
CARLSBAD HOUSING AGENCY
SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
ADMINISTRATIVE PLAN
I. INTRODUCTION
The Section 8 Program was enacted as part ofthe Housing and Community Development Act of 1974, which re-
codified the U.S. Housing Act of 1937. The Act has been amended along the way, and its requirements, as they
apply to the Section 8 Housing Choice Voucher Program, are descnbed in and implemented through this
Administrative Plan.
CaHsbad Housing Agency's goal, herein referred to as the Public Housing Agency (PHA), is to provide rental
assistance to United States citizens and eligible lawful residents who are very low-income single persons,,
elderly, handicapped, disabled, and families in order that they may obtain affordable, decent, safe and sanitary
rental housing in the PHA's junsdiction. In furtherance ofthis goal, the PHA is committed to the policies and
goals contained in the Housing Element ofthe General Plan and the Consolidated Plan for Housing and
Community Development Programs.
The PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing
and Urban Development (HUD). The PHA is not a federal department or agency. A PHA is a governmental or
public body, created and authonzed by state law to develop and operate housing programs for low-income
families. CaHsbad's Housing Agency is a division of the Housing &. Neighborhood Services department of the City
of CaHsbad. The PHA has entered into an Annual Contnbutions 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.
Administration ofthe Section 8 Program and the functions and responsibilities ofthe CaHsbad Housing Agency
staff shall be in compliance with the City of CaHsbad's Personnel Policies, HUD Section 8 Regulations as well as all
Federal, State and local Fair Housing Laws and Regulations.
The City of CaHsbad is committed to a regional approach to meeting housing needs and collaborates with the
San Diego Association of Governments (SANDAG) and with other cities in the region to encourage region-wide
application of federal and state housing funds and programs.
The PHA will revise the Administrative Plan, as required, to comply with changes in federal regulations.
A. Local Objectives
Mission of Housing & Neighborhood Services:
Enhance the quality of life and sense of community for those who live in CaHsbad by providing better
connections to city information and services and through focused program development and implementation,
community engagement and outreach services and provision of affordable housing opportunities.
The Section 8 Rental Assistance Program is designed to achieve three major objectives:
1. To provide affordable decent, safe and sanitary rental housing, of a modest (non-luxury) nature,
for very low-income families.
2. To promote freedom of rental housing choice and spatial deconcentration of very low-income
families of all racial and ethnic backgrounds.
3. To provide an incentive to pnvate property owners to rent to very low-income families by
offenng timely assistance payments.
Carlsbad Housing Agency - Administrative Plan 1 _
In addition, the PHA has the following goals for the program:
1. To assist the local economy by increasing the occupancy rate and the amount of money flowing
into the community.
2. To encourage self-sufficiency of participant families.
B- Purpose of the Administrative Plan
The purpose ofthe Administrative Plan ("Plan") is to establish policies for carrying out the Section 8 Housing
Choice Voucher (HCV) Program in a manner consistent with HUD requirements and local objectives. The Plan
covers both admission and continued participation in the Section 8 HCV Program.
Authority for PHA policies is denved from many sources. Pnmary among these sources are 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. In the absence of legal requirements or HUD guidance, industry
practice may lead to PHA policy.
HUD. HUD provides the pnmary source of PHA policy through federal regulations, HUD Notices and
handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory.
HUD provides non-mandatory guidance to PHAs through HUD published guidebooks. Expired HUD Notices
and handbooks also provide guidance for PHA policy. Following 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."
Content contained 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 to a specific pattern.
State Law. Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restnctive than federal law, but does not conflict with it, the PHA should follow the
state law.
Industry Practice. Where no law or HUD authority exists on a particular subject, industry practice may
support PHA policy. An industry practice is a way of doing things that is followed by most housing authorities.
The PHA is responsible for complying with all changes in HUD regulations pertaining to these programs. If such
changes conflict with this Plan, HUD regulations will have precedence. The original Plan and any amendments
must be approved by the Housing Commission and the Housing and Development Commission. An adopted copy
of the Plan must be provided to HUD.
This Plan fulfills the HUD regulatory requirement that PHA's adopt a written administrative plan that establishes
local discretionary policies for administration ofthe Section 8 program in accordance with HUD requirements.
The Administrative Plan is a supporting document to the Public Housing Agency (PHA) Plan and must be
available for public review. This Plan does /VOT include all HUD regulations concerning the Housing Choice
Voucher Program. This Plan is to be utilized in conjunction with the PHA Plan, HUD regulations, HUD Voucher
Program Guidebook, HUD Handbooks, HUD Memorandums and PIH Notices. The user ofthis Plan is advised to
consult the above listed documents for detailed information and guidance.
Carlsbad Housing Agency - Administrative Plan '2 '
C. Code of Conduct
All officers and employees will comply with the City of CaHsbad policies as well as those mandated under the
conflict of interest requirements ofthe Housing Choice Voucher Program. The conflict of interest provision
under 24 CFR 982.161 prohibits the PHA, or any of its contractors or subcontractors, from entenng into any
contract or arrangement in connection with the tenant based programs in which any of the following classes or
persons has any interest, direct or indirect, dunng tenure or for one year thereafter. The classes or persons
include:
1. Any present or former member or officer of the PHA (except a participant commissioner);
2. Any employee of the PHA, or any contractor or subcontractor or agent of the PHA, who
formulates policy or influences decisions with respect to the programs;
3. Any public official, member of a governing body, or State or local legislator, who exercises
functions or responsibilities with respect to the programs; and
4. Any member of the Congress of the United States.
Any members ofthe classes descnbed in this section must disclose their interest or prospective interest to the
PHA and HUD. The HUD field office may waive, for good cause, the conflict of interest provision under this
section.
All PHA officers, employees, contractors, subcontractors, or agents will comply with all requirements that
prohibit the solicitation or acceptance of gifts or gratuities in excess of a nominal value.
All PHA officers, employees, contractors, subcontractors, or agents will conduct business with integrity and in an
honest and professional manner.
Any violations of the PHA Code of Conduct and City of CaHsbad ethical standards policies, including those
contained in the City of CaHsbad City Code; Personnel Rules; Housing & Neighborhood Services Department
rules and regulations; and applicable Memoranda of Understanding (including standards of conduct specified
within), will result in disciplinary action ranging from letter(s) of warning to termination of employment and/or
contract. Opportunity may be offered, on a case-by-case basis, to correct a conflict of interest. The Code of
Conduct will be communicated to the above groups upon initial employment, pnor to execution of a contract,
and at least annually.
D. Administrative Fee Reserves
The Community Development Commission must approve expenditures ofthe administrative fee reserve
(operating reserve) in excess of $50,000. Such expenditures must be for other housing purposes, as defined by
HUD.
Carlsbad Housing Agency - Administrative Plan -3-3^
H. FAIR HOUSING POLICY
It is the policy of the PHA to comply fully with all federal, state, and local nondiscnmination laws and with the
rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. PHA staff
members may be required to attend fair housing training.
The PHA shall not deny any family or individual the opportunity to apply for or receive assistance under the
Section 8 Program on the basis of race, color, national or ethnic ongin, age, religion, sex, familial or marital
status, disability, sexual onentation, or sex/gender identity and expression.
The PHA will provide federal/state/local information to Section 8 applicants and participants regarding
"discnmination" and any recourse available to them if they feel that they are victims of discnmination. Such
information will be made available dunng the initial program bnefing session; applicable Fair Housing
Information, HUD-1260-FHEO Fair Housing Handbook, and Discnmination Complaint Forms will be included as
part ofthe Section 8 bnefing packet. This information will also be given upon request. In addition. Fair Housing
pamphlets in English and Spanish are displayed in the PHA's lobby. PHA staff will be available to assist applicants
and participants in completing Discnmination Complaint Forms upon request.
To further the PHA's commitment to full compliance with applicable Civil Rights laws, the City of CaHsbad
contracts with the CSA San Diego County, a non-profit corporation 501(c)3 registered with the State of
California. This organization is an advocate for human and civil nghts. They provide fair housing workshops and
tenant/landlord mediation. In addition, CSA San Diego County has published a handbook 'BE INFORMED - Rental
Housing Handbook' that is also published in Spanish. The publication is available in the lobby and included in the
HCV bnefing packet.
A. Accommodations
A person with a disability may require special accommodations in order to have equal access to the HCV
program. The types of reasonable accommodations the PHA can provide include changes, exceptions, or
adjustments to a rule, policy, practice, or service.
Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not
create an "undue financial ond administrative burden" for the PHA, or result in a 'fundamental alteration" in
the nature ofthe program or service offered. An undue financial burden includes one that when considenng
the available resources ofthe agency as a whole, granting the reasonable accommodation poses a severe
financial hardship on the agency. A fundamental alteration is a modification that alters the essential nature of
a provider's operations.
The PHA's office is located at: 1200 CaHsbad Village Drive, CaHsbad, CA 92008. The office is accessible to
persons with disabilities. Accessibility forthe heanng-impaired is provided bythe State of California
Communications Systems. The accommodation policy is applicable to all situations descnbed in this Plan; at the
time an applicant or participant initiates contact with the PHA including when an applicant family applies, when
the PHA initiates contact with a family, and when the PHA schedules or reschedules an appointment.
The PHA's policies and practices will be designed to provide assurances that all persons with disabilities will be
provided reasonable accommodation so that they may fully access the Housing & Neighborhood Services
Department. Requests for reasonable accommodation from persons with disabilities will be considered ifthe
request does not create an undue financial and/or administrative burden or result in a fundamental alteration. A
third-party verification will be required that documents that the requestor is a person with disabilities and also
certifies that the person's impairment limits their participation in the Section 8 program in a specific way that
can only be alleviated by the requested accommodation. Third-party verifications must be provided by a
professional competent to render the opinion and knowledgeable about the requestor's situation. A designee
Carlsbad Housing Agency - Administrative Plan
will be allowed to provide some information, but only with the permission ofthe person with the disability. A list
of accessible rental units for persons with a disability are available in the lobby; are included with the Voucher
Bnefing packet, and will be provided upon request. Housing information and matenals are displayed in locations
throughout the PHA's office that are easily readable from a wheelchair.
B. Equal Employment Opportunity
The City of Carlsbad provides equal employment opportunities to all potential job applicants and employees in
accordance with the City of CaHsbad's Equal Employment Opportunity Policy. In employing personnel for all
housing programs, the PHA will follow the non-discnmination guidelines.
C. Owner Outreach
The PHA encourages owners of decent, safe and sanitary housing units to rent to Section 8 participants. The PHA
maintains an ongoing list of available rental units and interested owners/property managers. The list is available
in the lobby and is updated on a bi-weekly basis. When listings from owners/property managers are received,
they will be compiled by the PHA staff by bedroom size and date of availability.
Actions to encourage participation by owners of suitable rental units located outside areas of low-income and
minority areas:
1. The PHA maintains communication with the San Diego County Apartment Association and local property
management companies. These resources will be used to make owners aware ofthe benefits ofthe
Section 8 Rental Assistance Program.
2. In order to expand participation of new owners who are interested in the program or are unfamiliar with
the program, the Housing Program Manager will call the prospective owner to explain the benefits ofthe
Section 8 program and encourage their participation.
3. Housing representatives will attend local agency and community fairs to increase awareness of the
program and benefits for owners. Housing representatives will also participate in Owner
seminars/workshops, which are organized in coordination of with other local housing agencies, San
Diego County Apartment Association, North County Apartment Managers Association, and local property
management companies.
4. Owner information packets descnbing the benefits of the rental assistance program will be available to
all interested persons.
5. The PHA will market the Section 8 program by conducting Rental Owner workshops for prospective
owners penodically to explain the program benefits, especially dunng penods of low voucher utilization
and low vacancy rates.
6. The PHA will utilize the media, including newspapers, magazines, internet, television and radio to market
the Section 8 program as determined necessary.
The PHA will penodically evaluate the distnbution of assisted families to identify areas within the junsdiction
where owner outreach should be targeted.
Carlsbad Housing Agency - Administrative Plan 5-
Family Outreach
Outreach will inform all eligible segments of CaHsbad's population ofthe availability ofthe Section 8 Rental
Assistance program. If applicant groups are not reflective ofthe eligible population, additional outreach aimed at
targeted groups will be increased. The PHA will publicize the availability of rental assistance for very low-income
families in newspapers of general circulation, minority media, and by other suitable means. Notices will also be
provided in Spanish. In addition, the PHA will distnbute fact sheets to the broadcasting media, and initiate
personal contacts with members ofthe news media and community service agencies and will utilize public
service announcements. The following is a list of media that may be used:
1. Daily Publications
U-T San Diego
U-T North County Coastal
LA. Times
2. Weekly Publications
Hispanos Unidos
The Reader
The Coast News
La Prensa San Diego
3. T.V. Stations
Channel 24/126 - CaHsbad City TV (Time Warner Cable)
Channel 99 - CaHsbad City TV (AT&T U-Verse)
Channel 5 - KSWB
Channel 8-KFMB
Channel 10-KGTV
Channel 39/Cable 7 - KNBC
Liaisons have been established with a vanety of city and county agencies, private social service agencies, non-
profit agencies and special interest groups. The PHA will communicate the status of rental assistance availability
to the service providers in the community, advising them of eligibility factors and guidelines in order that they
can make appropnate referrals. Community contacts include but are not limited to the following:
Access Center
Aid to Veteran's of Amenca
Association for Retarded Citizens
Brother Benno's
Carlsbad Unified School Distnct
Camp Pendleton Housing Referral
Catholic Charities
Casa de Amparo
Community Interface Services
Department of Rehabilitation, State of California
Employment Development Department
Health and Human Services Agency, County of San Diego
Interfaith Community Services
La Posada de Guadalupe
Legal Aid Society
Lifeline Community Services
MAAC
Mental Health Systems, Inc.
Mira Costa College
Carlsbad Housing Agency - Administrative Plan 6- nO
MITE, North County
North County Career Center
North San Diego County Association of Realtors
Palomar College
Regional Occupation Program
Salvation Army
Senior Center
SER - Jobs for Progress
Social Security Administration
Veteran's Administration
Women's Resource Center
E. Limited English Proficiency (LEP)
The PHA will take reasonable steps to ensure that Limited English Proficient persons have meaningful access to
the Housing Choice Voucher Program.
III. ADMISSION TO THE HOUSING CHOICE VOUCHER TENANT-BASED PROGRAM
An applicant for the HCV Tenant-Based Program may be admitted to the program by two methods:
1. Special Admission. Special purpose funding or grants for specified families or for a specified
category of families may be received, from time to time, bythe PHA. Such housing assistance
funding shall be for the individuals and families indicated in the federal. State or local ordinances,
rules and regulations. A specific waiting list may be necessary for each special category of eligible
families. Separate notices, special program rules and information will be made available to the
public and to the targeted individuals and families. For example, the PHA has received 75
vouchers under the Non-Elderly Persons with Disabilities Program. These 75 vouchers are set-
aside for households in which the head or spouse is a non-elderly person with disabilities
2. Waiting List Admission. Except for special admissions, participants' shall be selected from the
PHA waiting list. The PHA shall select participants from the waiting list in accordance with the
admission and equal opportunity policies descHbed in this Plan.
A. Waiting List Collaboration between Housing Agencies
CaHsbad PHA has adopted a collaborative policy, with the five local Housing Agencies in San Diego County, in
regards to the Section 8 Waiting List. This policy allows applicants to transfer their waiting list application from
one housing agency's junsdiction to another housing agency's junsdiction if the applicant lives or works in that
junsdiction and maintain their original date of application. The PHA, upon request from an applicant, will
forward a waiting list application for an applicant who moves or is working in another agency's junsdiction.
Conversely, the CaHsbad PHA will accept a waiting list application from another San Diego County PHA if that
applicant either lives or works in CaHsbad's junsdiction. Upon acceptance of such application, the PHA will
integrate the application into the current waiting list preserving the original date and time ofthe initial
application. An application for a specific date from another local Housing Agency will be accepted one time only.
If the application is denied for any reason or the applicant fails to use a voucher issued by the PHA for any
reason, the same application will not be accepted again on the PHA's waiting list. NOTE: the City of CaHsbad's
waiting list has been closed since October 1, 2005; to ensure fairness to the applicants currently on the waiting
list, waiting list applications will only be accepted from the other San Diego County PHAs //the application date is
pnor to the October 1^^ closing date.
Carlsbad Housing Agency - Administrative Plan
B. Waiting List Administration
The PHA's Section 8 Waiting List is currently closed and has been closed since October 1, 2005. An applicant's
eligibility for a local preference will not be verified until the applicant's name comes up for certification from the
waiting list. In the event that there are two or more eligible applicant families with identical preferences, the one
with the earliest date of placement on the waiting list will be selected first.
The waiting list will be maintained by application date and local preference. When the PHA opens the waiting
list, applications will be accepted from apparently eligible citizens and eligible lawful residents who are very low-
income single persons, families, elderly, handicapped and disabled. When the pre-application is received, the
date and time ofthe applicant's information will be documented for placement on the waiting list. A letter of
confirmation will be sent to the applicant advising them of their status on the waiting list. In addition, the letter
will advise the applicant household that it is their responsibility to notify the PHA, in writing, of any changes in
their address, income, household composition, or any other changes that may impact their eligibility for a local
preference.
C. Waiting List Purge
Penodically, the PHA will conduct a purge ofthe waiting list. An applicant will be mailed a notification requesting
an update in information and inquinng whether they are still interested in remaining on the waiting list. The PHA
will withdraw a household's application from the waiting list when:
1. The applicant does not respond to the PHA's written request for information or updates;
2. The applicant refuses an offer of assistance under the Housing Choice Voucher program;
3. The PHA has information substantiating fraud on the part ofthe applicant;
4. The PHA has information that any household member is currently engaged in drug-related activity,
violent cnminal activity, and/or is engaged in abuse of alcohol or has a pattern of alcohol abuse that may
threaten the health, safety, or nght to peaceful enjoyment ofthe premises by other residents;
5. Based on updated information received, the applicant is determined ineligible; or
6. The applicant requests removal of their application from the waiting list.
The PHA will notify the applicant, in writing, of the intention to remove their application from the waiting list.
D. Admission Preferences for Selection of Applicants
Single Elderly, Disabled, or Displaced Person. A single person who is elderly, disabled or displaced is selected or
assisted before a single person who is not elderly, disabled or displaced.
Income Targeting. HUD had mandated that PHA's assist 75% of applicants who qualify as extremely low income;
applicants who are at or below 30% of the area median income (AMI). The PHA will give a preference to those
applicants who fall in the category of extremely low income based on 30% of the area median income and their
household size. Applicants with incomes above 30% ofthe area median income will be placed back on the
waiting list until the applicants who live or work within CaHsbad and whose income is at or below 30% of area
median income have been selected from the waiting list.
Local Preferences. The PHA has established local preferences; an applicant who is a resident ofor employed
within CaHsbad will have preference over an applicant who is not a resident oris not employed in CaHsbad.
Applicants may also be eligible for local preferences in the following order:
1. Displaced by government action or natural disaster.
2. Veteran's preference. A head of household or spouse who has been discharged from military service
under honorable or general conditions (with the exception of dishonorable), or a spouse of a deceased
veteran will have preference over non-veterans.
Carlsbad Housing Agency - Administrative Plan
E. Order ofWaiting List Selection
Applicants will be selected from the waiting list in accordance with the date and time of application and the
preferences that they are claiming on their application. Selection of applicants will be made in the following
order:
Applicant resides or is employed in Carlsbad:
1. Extremely Low-Income Household (Income by household size is at or below 30% of AMI)
2. Displaced by Government Action or Natural Disaster
3. Head of Household or Spouse qualifies for Veteran's Preference
4. All other Applicants
Applicant does not reside or is not employed in Carlsbad:
1. Extremely Low-Income Household (Income by household size is at or below 30% of AMI)
2. Displaced by Government Action or Natural Disaster
3. Head of Household or Spouse qualifies for Veteran's Preference
4. All other Applicants
V. DETERMINATION OF APPLICANT ELIGIBILITY
A. Eligible Lawful Resident
In accordance with Section 214 ofthe Housing and Community Development Act of 1980, as amended, the
Secretary ofthe U.S. Department of Housing and Urban Development (HUD) and PHA's are prohibited from
making financial assistance available to persons other than United States citizens, nationals, or certain
categories of eligible non-citizens in HUD's Public Housing and the Section 8 Housing Assistance Payments
(HAP) programs.
B. Family Definition/Composition
1. A "family" may be a single person or two or more persons who share residency and whose
combined income and resources are used to determine financial eligibility.
2. A "family" includes a household with a child or children.
3. A "family" may be a group of persons consisting of two or more elderly persons or disabled
persons living together, or one or more elderly or disabled persons living with one or more live-in
aide(s).
4. A "family" may be a single person.
5. A single person may be:
a. an elderly person;
b. a disabled person;
c. a displaced person; or
d. any other single person, such as the remaining member of an assisted family.
NOTE: A child who is temporanly away from the home due to placement in foster care is considered a member
ofthe family and counted when determining what size subsidy standard to issue. However, an adult child who is
away from the household attending school or who is in the military is NOT considered a member ofthe family
for determining the subsidy standard.
Carlsbad Housing Agency - Administrative Plan /-v
C. Continuouslv Assisted
An applicant is continuously assisted, under the 1937 Housing Act, if the family is already receiving assistance
under any 1937 Housing Act program when the family is admitted to the voucher program.
Selection from the Waiting List
When the applicant's name has reached the top ofthe waiting list and there is an available voucher and/or
funding, an Intake Packet will be mailed to the applicant to complete, sign, and return. Upon receipt ofthe
completed intake paperwork, the information is reviewed to determine ifthe applicant appears to be eligible. If
the applicant appears to be eligible; they will be invited to attend a Group Intake appointment and an eligibility
interview. The certification penod will begin as ofthe date ofthe Group Intake appointment.
Applicants made inactive on the waiting list will be given the 'benefit ofthe doubt' if there is a possibility that
they were removed from the waiting list through no fault of their own. In order to be reinstated, applicants must
submit a request, in writing, asking to be reinstated on the waiting list and give an explanation for their request.
Reinstatement requests will be reviewed by the Housing Program Manager for approval. Reasons that may be
considered when determining whether or not to reinstate the application:
• Applicant states that they had submitted a change of address to the PHA;
• Applicant states that they had not changed their address, but did not receive the paperwork;
• Applicant requests reinstatement as a reasonable accommodation; or
• Applicant requests consideration due to another circumstance; such as medical, family emergency, etc.
If approved for reinstatement, the applicant will receive their onginal date of application. A letter with updated
waiting list information will be mailed to the applicant. Ifthe reinstatement is not approved, the applicant will be
mailed a letter informing them that they will not be reinstated and that they will need to reapply. Except for an
extreme circumstance, applicants may only request reinstatement one time.
Point in time that the familv is considered eligible. A family selected off the waiting list is determined eligible or
not eligible to continue with the eligibility process based on the information provided on the Personal
Declaration, the supporting documents submitted and independent verification by the PHA. The family must be
eligible for the preferences that they have claimed, the current income limits, and jurisdiction pnority as of the
date their application was selected from the waiting list.
A family change in circumstances after the date the family was selected from the waiting list for the eligibility
process will not be evaluated. The change in information will be documented and their position on the waiting
list will be in accordance with the reported change in preference status, junsdiction, income limits and targeting.
However, ifthe family's change in circumstances is pnorto voucher issuance and results in the family's income
exceeding 50% ofthe Area Median Income (AMI), the family must be denied program admission. Ifthe family is
determined to be ineligible as of the date the family was selected from the waiting list, the family will be
required to reapply to the waiting list (if the waiting list is open).
Ifthe family's income increases after it was issued a voucher. The income increase will be handled in accordance
with the PHA's current intenm policy and may not be processed until the family's next annual reexamination
after the family leases an assisted unit.
Carlsbad Housing Agency - Administrative Plan
E. Denial of Admission
The PHA shall deny an applicant admission to participation in the rental assistance program under the following
circumstances:
1. Ifthe applicant has breached a repayment agreement and owes money to any PHA. If an existing
repayment agreement is in good standing, in connection with any housing program under the
United States Housing Act of 1937, the applicant may continue making payments or pay in full
and be approved for continued processing.
2. Ifthe applicant, as a previous participant in any rental assistance program, has not reimbursed
the PHA for any amounts paid to an owner under a contract for rent or any other amounts owed
by the family under the lease or for a vacated unit.
3. If any family member commits fraud, bnbery, or other corrupt or cnminal act in connection with
any federal housing assistance program.
4. If the family has violated any family obligation under the program(s).
5. If the applicant is currently engaging in drug-related cnminal activity or violent cnminal activity,
including cnminal activity by any family or household member. Currently engaging in illegal drug,
or violent cnminal activity means that an individual has engaged in the behavior recently enough
to justify that the individual's behavior is current.
6. If any adult member fails to sign consent forms for obtaining information.
7. If a PHA has ever terminated assistance under the Certificate or Voucher program for any
member ofthe family.
8. Ifthe family has engaged in or threatened abusive or violent behavior towards PHA personnel.
9. If any member of the household is subject to a lifetime registration requirement under a State
Sex Offender Registration program.
10. The PHA has reasonable cause to believe that illegal drug use or a pattern of illegal drug use by
a household member may threaten the health, safety, or Hght to peaceful enjoyment of the
premises by other residents.
11. Any household member has ever been convicted of drug-related cHminal activity for
manufacture or production of methamphetamine on the premises of federally assisted
housing.
12. The PHA determines that it has reasonable cause to believe that a household member's abuse
or a pattern of abuse of alcohol may threaten the health, safety, or nght to peaceful
enjoyment of the premises by other residents.
13. A member of the family engaged in violent cnminal activity dunng the past five years. Violent
cHminal activity is any cnminal activity that has as one of its elements, the use, attempted use,
or threatened use of physical force substantial enough to cause, or be likely to cause, senous
bodily injury or property damage.
14. A member of the family engaged in illegal drug-related activity dunng the past five years that
involved: sales, transportation, manufacture or possession for sale.
15. A family member engaged in other cHminal activity dunng the past five years that threatened
the health or safety ofthe PHA, owner, employee, contractor or agent ofthe PHA orthe nght
to peaceful enjoyment ofthe premises by other residents.
16. In the past three years, a member of the family was evicted from federally assisted housing for
illegal drug activities or personal drug use. This does not apply if evidence of rehabilitation is
provided or the violator is no longer a part ofthe household.
17. In the past one year penod, a family member has engaged in illegal drug use or possession of
drugs for personal use. This does not apply if proof of completing a rehabilitation program is
provided or the violator is not a part of the household.
Carlsbad Housing Agency - Administrative Plan -11-^6
V. VOUCHER ISSUANCE AND BRIEFINGS
A. Briefing of Applicants
After an applicant is determined eligible, the applicant will be scheduled for a Voucher Bnefing session. By
request, individual, or at-home Voucher Bnefing sessions will be conducted based on the needs ofthe eligible
applicants. Separate bnefings will be conducted for non-English speaking applicants when necessary. The
bnefing format will be an oral presentation with visual aids. The bnefing will include a descnption of how the
program works; family and owner responsibilities; and where the family may lease a rental unit, including
transfernng assistance to another jurisdiction. The briefing will also explain the portability process and relocating
to non-impacted census tracts. Applicants will be given a Voucher Bnefing packet which includes matenals and
information as outlined in the Federal Regulations. The Voucher Bnefing packet will include literature
concerning, but not limited to: term and the suspension ofthe voucher, voucher payment standards, utility
allowances, HUD-required "lease addendum". Request for Tenancy Approval, PHA subsidy standards and PHA's
policy on granting exceptions to the subsidy standards, HUD brochure on selecting a suitable rental unit, HUD
lead-based paint brochure, HUD Fair-Housing pamphlet, family obligations under the program, the grounds on
which the PHA may deny or terminate assistance, reasonable accommodation policies and the PHA informal
heanng procedures.
B. Voucher Term Limit
For participant's who are porting into the PHA's junsdiction, the voucher issuance and term date will be
determined bythe initial Housing Agency.
For current participating family's, the voucher will initially be issued for a term of 120 days. For an applicant, the
issuance date is the date of the bnefing. For a participant requesting to move or port to another junsdiction, the
issuance date is the eaHiest date the participant is eligible to enter into a new contract. For participant's who are
porting into the PHA's junsdiction, the voucher issuance and term will be determined by the initial Housing
Agency. Upon written request bythe family, a one-time 60-day extension will be granted to accommodate a
person with disabilities. The family must complete a form provided bythe PHA. Extension requests must be
submitted on or before the voucher expiration date. The maximum term ofthe voucher is 120 calendar days
from the date of issuance (except for reasonable accommodation and extenuating circumstances as noted
below). Extensions beyond 120 days may be granted as a "reasonable accommodation" for a person with
disabilities. Extensions beyond 120 days, other than those for "reasonable accommodation", will only be
considered for extenuating circumstances in which the applicant/participant, through no fault of their own, was
not able to search for housing. Third-party documentation will be required for extensions beyond 120 days. The
extension granted will only be for the amount of the time that the applicant/participant was not able to search
for housing. Requests for an extension may be approved for extenuating circumstances that include
hospitalization, senous illness, family emergency, or, if porting to another junsdiction, at the request of the
receiving PHA. Extensions will not be granted because of credit problems, financial inability to relocate to
another unit, incarceration, or situations that are within the control ofthe family.
Carlsbad Housing Agency - Administrative Plan 12 -
C. Suspension or "Tolling"
Once the participant submits a Request for Tenancy Approval (RFTA), the term ofthe voucher is suspended.
Suspension (tolling) means stopping the clock on the term of the voucher. The suspension of the term starts the
day the RFTA is received in the office up to the date when the PHA approves or denies a RFTA. Suspensions
(tolling) will only be granted when the unit is not approved due to situations beyond the control ofthe family.
There will be a 60-day maximum suspension. Ifthe PHA is unable to approve the unit within 60 days from the
date ofthe suspension, the family must look for another unit. On the 61^^ day, the clock will begin and the
remainder time of the voucher term will be calculated. If a RFTA is denied by the PHA, the term of the voucher
will resume effective the date of the denial. The PHA will change the dates on the voucher to reflect the
appropnate term date and note the reason for the suspension. The PHA will allow suspensions as reasonable
accommodation for a family with a disabled family member to allow equal access to housing opportunities.
D. Voucher Payment Standard
The PHA will review the voucher payment standard, as needed to ensure effective utilization of vouchers. The
PHA will take into consideration available funding, the number of families on the waiting list, the availability of
affordable housing, the prevailing fair market rents for decent, safe and sanitary housing in the community, and
the ability of participants to pay rent exceeding the payment standard.
E. Rent Reasonableness
The purpose ofthe Rent Reasonableness test is to assure that a fair rent is paid for units selected for
participation in the Rental Assistance Program and the program does not have the effect of inflating rents in the
community. Rent reasonableness determinations are made when units are placed under contract for the first
time, before any increase in rent to owner, and if there is a 5% decrease in the published Fair Market Rent. The
PHA will determine whether the rent to owner is a reasonable rent in companson to rent for other comparable
unassisted units. To make this determination, the PHA will consider:
• The location, quality, size, unit type, and age ofthe contract unit.
• Any amenities, housing services, maintenance and utilities to be provided by the owner in accordance
with the lease.
VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION
Subsidy standards determine the number of bedrooms allocated, for funding purposes, to an assisted family.
The subsidy standard is based on the family composition at initial eligibility and will be reviewed each time there
is a change in the household composition. Port-in families moving into this PHA's junsdiction, from another
Housing Agency, will be subsidized based on this PHA's subsidy standards. Subsidy standards do not dictate
sleeping arrangements for the family.
Subsidy standards should not be confused with Housing Quality Standards (HQS) minimum space requirements.
The HQS space requirements set a standard for the maximum number of people that can occupy the assisted
unit. Further, the HQS space requirements allow space other than bedrooms to be considered "living/sleeping
rooms" to ensure maximum flexibility in determining whether an assisted unit is overcrowded. In accordance
with HQS minimum space requirements, the assisted unit must have at least one bedroom or living/sleeping
room for each two persons in the household.
Carlsbad Housing Agency - Administrative Plan -13 -
A. Subsidy Standards
Vouchers will be issued in the smallest bedroom size to which the family is entitled. One bedroom will be issued
to the Head of Household (to be shared with their spouse or significant other, if applicable), and an additional
bedroom will be issued for each two persons in the household, regardless of age, sex or family relationship. The
following are the minimum number of bedrooms allocated by number of people in the household, per the
subsidy standards, and the maximum number of people allowed per bedroom size, per HQS:
Voucher Subsidy Size Minimum Size of Family Maximum Size of Family
Studio one person two people
One bedroom one person four people
Two bedroom two people six people
Three bedroom four people eight people
Four bedroom six people ten people
Five bedroom eight people twelve people
B. Exception to Subsidy Standards
The PHA may grant an exception to the subsidy standards, if the PHA determines that the exception is justified
due to the health, disability or special needs of an assisted family member. Pnor to the exception being
approved, the PHA will require appropHate documentation by a professional that there is a need. An increase in
the approved bedroom size will not be granted if there are other sleeping and/or living areas (rooms) that can
be used by the family. The PHA's current subsidy standards exceed the minimum subsidy standards established
by HUD. An extra bedroom will be issued for a live-in aide, in accordance with the Live-In Aide policy in this
section. Note: a one person household will not be granted an additional bedroom to accommodate a Live-In
Aide as the living room may be considered a sleeping area.
C. Initial Household Composition
The PHA shall approve the members constituting the household. The household menibers listed at the time of
initial contract are approved household members and shall be considered the "Initial Household Composition
(IHC)". Only members ofthe IHC or mandatory additions shall qualify as "remaining members" of a participant
family. When an adult family member moves out ofthe assisted household, they are no longer considered
members ofthe IHC and will never be considered remaining members. Remaining members have entitlement to
continue receiving rental assistance should the head of household pass away or leave the Section 8 Program.
D. Additions to Initial Household Composition
Under the following circumstances, pnor PHA approval is NOT required to add an additional member:
1. There is a birth of a child to one of the PHA approved members of the family.
2. The court awards custody of a child to one of the PHA approved members of the family.
3. There is a legal adoption of a child by one of the PHA approved members of the family.
However, the family must inform the PHA, in writing, ofthe above changes in the family composition within 15
days of the change. It is the family's responsibility to provide to the PHA a revised copy of their lease/rental
agreement adding the new child within 30 days of the addition. The PHA may require the participant to provide
legal documents to substantiate the change reported. Housing Quality Standards will be reviewed at the time of
the family composition change to verify that the addition(s) to the household will not result in an "over-
crowded" situation.
Carlsbad Housing Agency - Administrative Plan
E. Other Household Additions
The participant must ask for PHA written approval prior to adding any other member as an occupant of the unit
(including a foster child and Live-In Aide). The PHA may approve additions to the household composition, ifthe
following conditions are met:
1. The landlord approves, in writing, a change in tenant composition, pnor to the addition of the
person(s) to the household, and;
2. The subsidy size does not increase, and;
3. An over-crowded condition is not created.
The subsidy size will not be increased due to the addition of adults to the household, including adult children
returning to the home.
F. Live-In Aide
A Live-In Aide is a person who lives with a participant who is over the age of 50, or is an elderly individual, or a
person with disabilities. A relative may be considered a Live-In Aide; however, they will not be considered
eligible if they currently live in the assisted unit as a household member or they were a household member as an
adult within the last two years. A Live-In Aide must meet the following critena:
• A person who is determined to be essential to the care and well-being ofthe person(s); and
• Is not obligated for support of the person(s); and
• A person who would not be living in the assisted unit except to provide necessary support services.
The following documentation is required before the PHA will approve the Live-In Aide:
• Notice of Right to Request a Reasonable Accommodation form completed by the applicant or participant
requesting a Live-In Aide.
• Live-In Aide Venfication form completed and signed by a licensed professional who is knowledgeable
about the person's situation and will certify the need for the Live-In Aide. The Live-In Aide Verification
form is to be completed at the initial request and upon recertification ofthe household or ifthe family
moves.
• Live-In Aide Certification completed and signed by the Live-In Aide.
The Live-In Aide's family members may reside in the unit provided that the subsidy standard does not increase
due to the need for additional bedrooms, and the presence ofthe Live-In Aide's family does not overcrowd the
assisted unit in accordance with HQS.
The Live-In Aide qualifies for occupancy in the unit only as long as the member ofthe family needing supportive
services also resides in the assisted unit. The Live-In Aide does not qualify for continued assistance as a
remaining family member. The Live-In Aide must be approved by the PHA and the owner of the assisted unit.
The PHA will consider all eligibility requirements used for applicants when approving a Live-In Aide(s) and will
use the same standard that is used to approve applicants. The PHA may refuse to approve a particular person as
a Live-In Aide, or may withdraw an approval if:
1. The person commits fraud, bnbery or any corrupt or cnminal act in connection with any federal
housing program;
2. The person commits drug-related cnminal activity or violent cnminal activity;
3. The person abuses alcohol or has a pattern of abuse that may threaten the health, safety, or the
nght to peaceful enjoyment ofthe premises by other residents; or
4. The person currently owes rent or other amounts to the PHA or to another PHA in connection
with Section 8 or public housing assistance under the 1937 Act.
Carlsbad Housing Agency - Administrative Plan
G. Guest Policy
The PHA recognizes that participants will have visitors who may stay at the assisted unit. The participant must
notify the PHA of visitors staying at the assisted unit for more than 21 days. Extended stays by visitors may be
considered a family composition change which must be reported to the PHA, in writing, bythe participant. The
participant shall be, upon request by the PHA, responsible for providing the PHA information concerning visitors.
It is the family's obligation to comply with all of the terms of the lease or rental agreement, including those that
govern guests and visitors.
The following visitor circumstances, separately or in combination may be considered a family composition
change:
1. The visitor has moved personal clothing and possessions into the unit.
2. The visitor sleeps, as a pattern and practice, at the premises on a daily basis or for a majonty of
days in the week.
3. The visitor is working in the area but has no other place of permanent residence.
4. The visitor receives mail at the assisted residence.
Failure by the participant to inform the PHA ofthe above circumstances may be grounds for termination from
the program.
H. Family Absence from the Unit
The PHA may allow extended family absences from the assisted unit; however, the absence may not exceed 90
consecutive days in any circumstance, except to provide a "reasonable accommodation" to a person with
disabilities. The definition of "absence" is that no member ofthe assisted family is residing in the rental unit.
Family absences which are expected to last longer than 30 days must be reported to the PHA. Acceptable
reasons for extended family absences may include but are not limited to: illnesses or medical situations which
require in-patient treatment, absences to care for relatives, and absences due to a family death. Unapproved
absences lasting longer than 90 days may be subject to termination of HAP payments and rental assistance
benefits. The participant must request approval in writing and inform the PHA ofthe nature ofthe absence.
Absences will not be approved for impnsonment due to drug-related or violent cnminal activity.
I. Family Break-up
In determining which family members continue to receive assistance after a family breaks up, the PHA shall take
into consideration the following factors and conditions:
1. The Initial Household Composition at the time of admission to the program.
2. Whether the assistance should remain with family members staying in the assisted unit.
3. The interest of minor children or of ill, elderly or disabled family members.
4. Whether the family members are forced to leave as a result of actual or threatened physical
violence against family members by a spouse or other member ofthe "household".
First, the PHA will consider the welfare of the children and elderly or disabled individuals. The PHA may consult
with appropnate federal. State or local agencies and institutions for guidance in reaching a decision which serves
the best interest ofthe entire family. Court decrees or other information concerning the social and economic
circumstances and overall welfare ofthe family will be taken into consideration. The assigned Housing Specialist
will make recommendations forthe Housing Program Manager's approval concerning disposition ofthe family,
based on consultation (if possible) with the effected adult members. Final recommendations will be reviewed
with the family, before a final decision is made in either approving the recommendation or modification thereof.
Carlsbad Housing Agency - Administrative Plan M ^
-16-/0
In the case where the custody of children is clear, the remaining household member may be issued a voucher if
they would otherwise be eligible on their own. For example, the remaining member is a person with disabilities
or is an elderly individual. In the case where there are no children involved, but the assisted household is
separating, the initial voucher will go with the head of household and a voucher may be issued to the remaining
family member if they would otherwise qualify on their own. Issuing a voucher to the remaining member in
these circumstances will be based on whether there is adequate funding available to support the voucher.
J- Ioint Custody of Children
Children, who are subject to a joint custody agreement but live with the applicant/participant at least 51
percent of the time, will be considered members of the household. The definition of "51 percent of the time"
is 183 cumulative days within a calendar year. In a joint custody arrangement, if the minor is in the household
less than 183 cumulative days, the minor will be considered an eligible visitor and not a dependent child in
the assisted household. Minor children or adult dependents cannot receive assistance in two different
households.
In situations where separated parents are each claiming the child as a member of the household, the parent
whose address is listed in the school records will be allowed to claim the school-age child as a dependent for
determining the subsidy standard for Section 8 purposes. If the child is not of school-age, the parent who
claims the child as a dependent on their income tax return will be considered the custodial parent.
VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT
A. Family Tenancy History
The PHA will inform the prospective owner that the PHA does not screen the family's behavior or suitability for
tenancy and that such screening is the owner's own responsibility. The PHA must give the owner, upon request,
the family's current address and the name and address ofthe owner at the family's current address and the
owner information for pnor addresses, if known. The PHA will provide the same family information to all
owners, as requested. The PHA will not provide the owner with additional information regarding history of
tenancy, drug-related activity, or violent cnminal activity, unless instructed, in writing, bythe applicant or
participant.
B. Submittal of the Request for Tenancy Approval
The PHA will permit an applicant or participant to submit one Request for Tenancy Approval (RFTA) at a time.
The PHA specifies the RFTA submission procedure at the bnefing session and/or move appointment. In general,
upon approval of tenancy by an owner/owner's agent, the participant will furnish the prospective owner the
RFTA form. Upon completion by the owner/owner's agent, the completed RFTA must be submitted to the PHA.
The PHA will review the RFTA for approval. If the RFTA is approved, the PHA will schedule an appointment with
the owner and participant to conduct a Housing Quality Standards (HQS) inspection. Ifthe RFTA is not approved,
the PHA will inform the household and property owner in writing.
C. Security Deposits
In accordance with State and local Law, the owner may collect a security deposit from the prospective tenant.
The PHA does not set a limit on the owner's security deposit and it is the owner's responsibility to collect the
established security deposit amount from the tenant. However, the PHA prohibits the owner from collecting a
security deposit in excess of pnvate market practice, or in excess of security deposits for the owner's unassisted
units.
Carlsbad Housing Agency - Administrative Plan -17-,^
D. Damage Claim Provisions
Effective October 2,1995, the Conforming Rule eliminates the right ofthe owner to claim reimbursement from
the PHA for damages or other amounts owed by the tenant under the lease/rental agreement. The owner must
charge the tenant for payment of any damages or unpaid rent where the total exceeds the amount of security
deposit collected the owner collected from the tenant. A participant who causes damage to the assisted unit or
premises, or has a guest who causes damage to the assisted unit or premises, that exceed normal wear and tear,
may be terminated from the Section 8 program.
E. Housing Quality Standards and Inspections
Housing Quality Standards (HQS) are the minimum quality standards for housing assisted under the Section 8
Rental Assistance program. Assisted Housing must comply with HQS, both at initial occupancy and dunng the
term ofthe assisted occupancy. The goal is to assist eligible families to rent units that are decent, safe, and
sanitary.
Also, the HQS establishes the minimum space requirements. The HQS space requirements set a standard for the
maximum number of people that can occupy the assisted unit. Further, the HQS space requirements allow space
other than bedrooms to be considered a living or sleeping room to ensure maximum flexibility in determining
whether an assisted unit is overcrowded. In accordance with HQS minimum space requirements, the assisted
unit must have at least one bedroom or living/sleeping room for each two persons in the household. The HQS
space requirements do not dictate who sleeps in each bedroom or living\sleeping room.
PHA staff will perform an initial and annual inspection in accordance with HUD Housing Quality Standards and
local City codes. PHA staff will also conduct an HQS inspection at the request of a participant or owner/owner's
agent, if there is a question as to whether the rental unit meets the standard of decent, safe, and sanitary
housing. Also, PHA staff will consult with the City Code Compliance staff on situations that appear to fail the City
codes.
If one or more items fail, the rental owner and the tenant are sent a letter noting the Fail or Pass with Comment
item(s). If a unit has failed inspection, the owner is requested to bnng the item into compliance within 30 days of
notification and a reinspection appointment is scheduled. The Housing Specialist must note any extensions given
to the owner to make repairs for routine items, including the reason for and length of the extension. If the
item(s) are a "life-threatening fail", the item must be repaired within 24 hours. If an owner refuses to remedy
any failed item or has not accomplished that remedy within 30 days for routine fail items and 24 hours for life
threatening fail items, the owner and participant will be notified that the Housing Agency will abate the Housing
Assistance Payment. Ifthe owner has not completed the repairs within two weeks ofthe notice of abatement,
the Housing Specialist will proceed to terminate the contract. Ifthe repairs are confirmed by a reinspection on or
pnor to the contract termination date, the payments may continue as of the date that the Housing Specialist
verifies that the unit passes inspection.
Ifthe Inspector makes the determination that the tenant caused the fail item, the tenant has the same time
constraints as the owner for repainng the item. If it is a "life threatening fail", the tenant must remedy the fail
item within 24 hours. If it is a routine fail, the tenant must repair it within 30 days. The repair must be made by
the tenant or by having the owner repair the item and bill the tenant. Payment arrangements for repairs billed
to the tenant are an issue between the owner and the tenant. However, failure to follow through on the
payment agreement would be grounds for termination. If the tenant fails to remedy the fail item in the
prescnbed time frame, the Housing Specialist will proceed with termination of rental assistance benefits.
Carlsbad Housing Agency - Administrative Plan 18-.9-
F- Housing Assistance Payment
The Housing Assistance payment shall not be made to the owner/owner's agent until the PHA:
1. Approves the RFTA and the Lease/Rental Agreement;
2. Determines the rental unit is approvable and that the rent requested is under the amount that
the participant family qualifies for
3. Rental unit passes the HQS inspection, passes local City codes, and is rent reasonable in
companson to other unassisted rental units;
4. Receives the completed Internal Revenue Service, Form W-9 and related documents confirming
ownership of the property;
5. The participant moves into the rental unit; and
6. HAP Contract and Tenancy Addendum has been signed by the owner/owner's agent and
executed by the Housing Representative. NOTE: the first month housing assistance payment will
be made pending the receipt of the signed HAP Contract from the owner, if the owner fails to
return the HAP contract within the time requested the subsequent HAP checks will be suspended
until all documents are received.
G. Moves
Families will not be permitted to move dunng the initial term of the lease, unless the move is necessary due
to a family member being the victim of domestic violence, dating violence, or stalking, in which case a move
will be allowed and no waiver will be required.
Families will not be permitted to move more than once in a twelve-month penod, unless they can
demonstrate the move is required due to a medical emergency, reasonable accommodation, the landlord
issuing a termination of tenancy notice, or as a result of a family member being the victim of domestic
violence, dating violence, or stalking. Other situations will be reviewed for approval based on their specific
situation and the need to move.
Families will not be permitted to move ifthe lease/rental agreement was not properly terminated by either
the family providing the owner a proper 30-day written notice to move, an approved waiver between the
landlord and the tenant, or by a termination of tenancy notice issued by the owner.
VIII. SPECIAL HOUSING TYPES
A. Special Housing Types-Manufactured Home
The PHA allows Section 8 assistance to be used to provide assistance to a family that owns a manufactured
home, but rents the space.
B. Other Special Housing Types
The PHA does not allow any other special housing types, but will permit a family to utilize Shared Housing if it is
needed as a reasonable accommodation to make the program readily accessible to and usable by persons with
disabilities.
Carlsbad Housing Agency - Administrative Plan
IX. DEBTS OWED TO THE HOUSING AGENCY
A. Owner
If an owner is indebted to the PHA as a result of an overpayment, the owner will be requested to either pay the
amount due in full or be advised that the overpayment will be deducted from future housing assistance
payment(s) until the overpayment is paid. Ifthe owner fails to pay the amount owed and there is not a future
Housing Assistance Payment to offset, the owner will be banned from renting to future Section 8 participants
until the debt is resolved.
B. Applicant
An applicant must pay in full all debts, if any, owed to the PHA or any other Housing Agency before being
admitted to the rental assistance program. An exception may be made ifthe applicant is current on a repayment
agreement.
C. Participant
A participant, including a participant under portability, with repayment agreements in good standing will be
allowed to continue making payments under such agreements until the debt is paid in full. Failure to make
timely payments will be grounds for termination of benefits. However, if a participant wishes to move or port to
another junsdiction, the balance must be paid in full pnor to execution of a new contract. The Housing Program
Manager may approve an exception to this provision if the family demonstrates that they have made timely
payments in accordance with the Repayment Agreement and the family may suffer a hardship if they are unable
to relocate or exercise portability.
D. Repayment Agreements
The PHA may offer a participant an opportunity to enter into a Repayment Agreement to pay rental assistance
payments that were overpaid on the participant's behalf while occupying an assisted unit. The participant will
remain in good standing with the PHA as long as the payments are made in a timely manner. Failure to abide by
the Repayment Agreement shall be grounds for termination of Section 8 benefits. Participants will not be able to
port to another junsdiction until payment is received in full. The Housing Program Manager may waive this
requirement ifthe participant has been making monthly payments and it would be a hardship on the family if
they were unable to move, //the PHA offers a repayment agreement, it will determine the terms. The period
for repayment shall not exceed twelve (12) months unless approved by the Housing Program Manager.
A family who fails to report an income increase within the 15-day reporting peHod is subject to a retroactive
intenm effective the first of the month following the income increase and any overpaid housing assistance
will need to be paid by the family. A family may be allowed to remain on the program and enter into a
Repayment Agreement if there are no other issues, the unreported income was less than $15,000, and
providing the family did not deliberately provide false, misleading, incomplete, or incorrect information to the
PHA.
A family not current on their Repayment Agreement will be sent a warning letter if it is their first offense. A
30-day notice of intended action (NIA) to terminate assistance will be issued if the family has already been
sent a warning letter and continues to not make monthly payments in accordance with the Repayment
Agreement.
Carlsbad Housing Agency - Administrative Plan -20-^t|
X. ANNUAL AND INTERIM REEXAMINATIONS
A. Recertification
It is a HUD requirement to annually reexamine family eligibility, including families who qualify as elderly,
handicapped or disabled. Inspections will be performed and rents reviewed annually, and/or at such other times
as circumstances may require.
B. Interim Reexaminations
Intenm reexaminations (certifications conducted before the anniversary date) are based on a change in family
composition or financial status. Intenm reexamination will not alter the date of the family's annual
recertification. Any increase in the family's share ofthe rent, prompted bythe intenm reexam, shall be preceded
by a minimum of 30 days' written notice of such increase. Intenm reexaminations will only be completed under
the following circumstances:
1. The household reports a decrease in income that will continue in excess of thirty days.
2. A household that previously had no income, or had less income than the welfare amount for the
family size, reports that income is now being received by a family member.
3. The household reports a new source of income.
4. A Family Self-Sufficiency household requests an intenm when their income increases.
5. The household misrepresented the facts upon which their share of rent was based.
6. An administrative error on the part of the PHA.
7. As dictated by a HUD PIH Notice or Memorandum.
An Intenm Reexam that results in a decrease in the participant's share of rent will be effective the first ofthe
month after the date that the change is reported. Retroactive payment(s) will be made to the owner once the
information reported has been verified. Retroactive payments that are $25 or less will be paid on the next
monthly payment batch. Retroactive payments over $25 will be paid as soon as the next check run. All reports of
changes in income, assets, or number of household members must be reported in writing.
C. Family Moves
Families will be provided information regarding their responsibility to give the owner and the PHA advance
notice of any moves. This information is provided to the participant at bnefings, in the lease
agreement/addendum and upon inquiry to the PHA.
D. Portability
The family may lease a unit outside the PHA junsdiction. The PHA will generally accept the income eligibility
determination of the initial Housing Agency, if completed within 60 days of transfer and if there are not any
family composition or income changes that have occurred. New family composition or income change
information may warrant a redetermination by the PHA.
Carlsbad Housing Agency - Administrative Plan 21 - ^
XI. VERIFICATION POLICY
A. Enterprise Income Verification
HUD regulations state that Enterpnse Income Venfication (ElV) is the preferred method of venfication
whenever possible. HUD has made available the ElV System and strongly encourages PHA's to utilize the
system to validate tenant reported income and inform tenants ofthe PHA's capability and intent to compare
tenant-reported information with data received. ElV shall only be utilized by users authoHzed by the
Executive Director, who have completed the necessary HUD paperwork for ElV access. Ifthe ElV income
information is less than the family's reported income, the PHA will use the family's reported income, as
venfied by third-party verification (or other forms if third-party cannot be obtained).
Ifthe ElV income information is more than the family's income figure, the PHA will use the ElV, unless the
family provides documentation of a change in circumstances to explain the discrepancy (e.g. a reduction in
work hours). Upon receipt of acceptable family-provided documentation of a change in circumstances, the
PHA will use the family-provided information.
Since ElV provides wage information that may be up to six months old, it may only be used for venfication in
combination with at least two months of current paystubs provided that the participant is still working for the
same employer.
ElV will be reviewed for all family members at least annually at recertification and when the family is
transferHng its assistance to another unit in the PHA's junsdiction.
If ElV data is substantially different from tenant-reported and/or third-party documentation, the following
procedures shall take place. Substantially different is defined as when income venfied by third-party
verification (or lesser forms of venfication if third-party cannot be obtained) exceeds tenant reported income
by $2,400 or more annually.
1. In any case where staff has relied solely on ElV data to document the discrepant income, staff
shall submit a third-party venfication form to the income source.
2. Staff shall review histoncal data for pnor patterns of employment, benefit payments, and/or
other income source histones.
3. Staff shall discuss the discrepancy with the tenant and the tenant shall be given the
opportunity to resolve the discrepancy. Such discussion shall either be verbally or in writing.
a. Although the tenant shall be given the opportunity to resolve the discrepancy, the final
arbiter shall be either third-party verification or ElV data, whichever is accurate; unless
the tenant can provide documentation that one or both parties' data is incorrect.
b. If the tenant is able to produce sufficient documentation of incorrect third-party and/or
ElV data, staff stall contact the proper personnel in charge of this data for resolution.
Staff shall determine the cause of the income discrepancy. If it is determined to be a tenant-caused
discrepancy, staff will determine if the family committed willful and intentional fraud by failing to report the
income. The PHA may require the family to repay the entire amount in full or have its assistance terminated
for committing fraud, a violation of family obligations under the program. If the family's assistance is
terminated and repayment has not been made, the money owed is considered an overpayment of assistance
and the PHA may take action to collect the overpayment.
In determining whether the family violated the family obligation, the PHA will determine whether the family
supplied the information willingly at the last annual recertification, or intenm reexam, or move appointment.
Carlsbad Housing Agency - Administrative Plan 22 -
If it is determined that the family failed to report income due an unintentional error or omission by the
family, staff will calculate the amount of the overpayment and offer the family a Repayment Agreement. The
overpayment shall be calculated back to the effective date of the increase in income. If the family declines to
sign a Repayment Agreement, the assistance of the family may be terminated for violation of their family
obligations.
B. Medical Expenses
When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense, IRS publication
502 will be used as a guide.
The PHA will allow as a medical expense the actual out-of-pocket amounts which are owed and anticipated to be
paid by the family dunng the reexam penod. Expenses from the previous year may be analyzed to determine the
amount when other verification is not available.
XIL OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF ASSISTANCE
A. Family Obligations
The PHA shall terminate assistance to a family for willful and negligent failure to perform family obligations,
except for reasons which the family had no control, were unintentional, or minor, such as mail delivery delays or
failure of mail delivery. Because there may be many circumstances concerning compliance with family
obligations, each failure will be considered by the Housing Specialist and Housing Program Manager on the case
merits; however, repeated, senous, deceptive and manipulative failure to comply with family obligations will be
automatic grounds for termination.
Family obligations include but are not limited to the following; the family must:
1. Supply any information that the PHA or HUD determines to be necessary in the administration of the
program, including evidence of citizenship or eligible immigration status. The family must supply any
information requested bythe PHA or HUD for use in a regularly scheduled reexamination of family
income and composition.
2. Disclose and verify social security numbers and sign and submit consent forms for obtaining information.
3. Supply any information requested by the PHA to verify that the family is living in the unit or information
related to family absence from the unit.
4. Promptly notify the PHA in writing when the family is away from the unit for an extended penod of time
in accordance with PHA policies.
5. Allow the PHA to inspect the unit at reasonable times and after reasonable notice.
6. Notify the PHA and owner in writing before moving out of the unit or terminating the lease.
7. Use the assisted unit for residence by the family. The unit must be the family's only residence.
8. Promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child.
9. Request PHA written approval to add any other family member as an occupant of the unit.
10. Promptly notify the PHA, in writing, if any family member no longer lives in the unit.
11. Give the PHA a copy of any owner eviction notice.
12. Pay utility bills and supply appliances that the owner is not required to supply under the lease.
Any information the family provides must be true and complete.
Carlsbad Housing Agency - Administrative Plan r>
The family (including each family member) must not:
1. Own or have any interest in the unit (other than in a cooperative, or the owner of a manufactured home
leasing a manufactured home space).
2. Commit any senous or repeated violation of the lease.
3. Commit fraud, bnbery, or any other corrupt or cnminal act in connection with the program.
4. Participate in illegal drug or violent cnminal activity.
5. Sublease or let the unit or assign the lease or transfer the unit.
6. Receive Section 8 tenant-based program assistance while receiving another housing subsidy, for the
same unit or different unit under any other Federal, State, or local housing assistance program.
7. Damage the unit or premises (other than from ordinary wear and tear) or permit any guest to damage
the unit or premises.
8. Receive Section 8 tenant-based program housing assistance while residing in a unit owned by a parent,
child, grandparent, grandchild, sister or brother of any member of the family, unless the PHA has
determined (and has notified the owner and the family of such determination) that approving rental of
the unit, notwithstanding such relationship, would provide reasonable accommodation for a family
member who is a person with disabilities.
9. Engage in illegal use of a controlled substance or abuse of alcohol that threatens the health and safety or
nght to peaceful enjoyment ofthe premises by other residents.
B. Termination Information for Participant
Ifthe PHA intends to proceed with termination of rental assistance benefits, the participant will be mailed a
Notice of Intended Action which will state the reason(s) for the proposed termination. The Notice of Intended
Action will outline the procedures for a participant to request an Informal Heanng as well as their rights dunng
the Heanng process.
C. Illegal Drug Use (Rehabilitation)
The PHA shall require a family member who has engaged in the illegal use and possession of drugs to submit
evidence of participation in, or successful completion of, a treatment program as a condition to being allowed to
reside in the unit.
D. Drug-related Criminal Activity
The PHA shall terminate families who engage in drug-related cnminal activity, regardless of where the cnminal
activity takes place.
E. Violent Criminal Activity
The PHA shall terminate families who engage in violent cnminal activity, including spousal abuse, child abuse,
threats to landlords, neighbors, and violence against property.
F. Crime by Family Member
The PHA shall terminate assistance to a family if the preponderance of evidence indicates that a family member,
foster child or Live-In Aide has committed the cnme, or fnends/guests of the assisted family committed the
cnme, regardless of whether the person has been arrested or convicted, or without regard to whether a crime is
technically classified as a felony.
Carlsbad Housing Agency - Administrative Plan O >l .
- 24 -
G. Serious and Repeated Violation of the Lease/Rental Agreement
The PHA shall terminate assistance to a family and deny permission to move with continued assistance for
senous and/or repeated violations ofthe lease/rental agreement. The PHA will conduct a Tenant Conference
once three infractions have been made, as reported in writing bythe owner ofthe property. A Stipulation
Agreement will be offered to the participant advising and acknowledging that any future violations may result in
termination of rental assistance benefits. Ifthe violations continue, a Notice of Intended Action will be mailed to
the family.
H. Fraud or Other Program Violations
The PHA shall deny or terminate assistance if any member of the family commits fraud, bnbery or any other
corrupt act. Such cnminal act is a breach of family obligations.
I. Violence against PHA Personnel
The PHA shall deny or terminate assistance ifthe family has engaged in or uses abusive or violent language or
behavior toward PHA personnel.
J. Violence Against Women Act (VAWA)
Denial of assistance to an applicant or termination of assistance of a participant for cnminal activity is subject
to the provisions of the Violence Against Women Act of 2005 as descnbed below:
1. Being a victim of domestic violence, dating violence, or stalking is not a basis for denial of assistance or
admission to assisted housing ifthe applicant otherwise qualifies for assistance or admission.
2. Incidents or threats of abuse will not be construed as senous or repeated violations of the lease/rental
agreement or other "good cause" for termination of the assistance, tenancy, or occupancy nghts of a
victim or abuse.
3. The PHA has authority to terminate voucher assistance for certain family members while permitting
other members of a participant family to continue receiving assistance (providing the culpable family
member will no longer reside in the unit). The PHA's Hght to exercise this administrative discretion is
not dependent on a bifurcated lease or other eviction action by the owner against an individual family
member.
4. Certification of Abuse: The PHA will request that the victim of abuse complete the HUD form 50066 -
Certification of Domestic Violence, Dating Violence or Stalking. This form must be provided within
fourteen (14) business days from the date the PHA requests it. Without the certification, the PHA may
terminate assistance.
XIH. PROCEDURES FOR INFORMAL REVIEW OR HEARING
A. Informal Review - Applicant
The PHA will advise an applicant of his/her right to an informal review if denied assistance. The PHA shall grant
an informal review, upon request, to any applicant who is denied assistance for any reason. Such review shall be
conducted by any person designated by the PHA; however, it may not be a person who made or approved the
decision under review or a subordinate of that person. Such informal review procedure shall permit or require:
1. The applicant to present written or oral objections.
2. The PHA to notify the applicant, in a timely manner, of the PHA final decision after the informal review.
The notice must include a bnef statement ofthe reasons for the decision.
Carlsbad Housing Agency - Administrative Plan
B. Informal Hearing - Participant
The PHA shall offer a heaHng for certain PHA determinations relating to the individual circumstances of a
participant family. The heanng is held to consider whether PHA decisions related to the family circumstances are
in accordance with the law, HUD rules and regulations and the PHA policies and procedures. A heanng shall be
offered on:
1. PHA determination ofthe family's income.
2. PHA determination ofthe family unit size for the family under the PHA subsidy standards.
3. PHA determination of the appropnate utility allowance for the family from the PHA utility
allowance schedule.
4. PHA determination to deny or terminate assistance because of family actions or inactions.
5. PHA determination to terminate assistance because the family has been absent from the unit for
longer than the maximum penod permitted under PHA policy and HUD Rules.
A request for an informal heanng must be received by the PHA and postmarked within 15 days from the date of
the "Notice of Intended Action". The PHA is not required to provide an opportunity for an informal heanng for
PHA discretionary administrative determinations or for general policy issues or class gnevances.
C. Hearing Notice to Participant
The PHA shall notify the family of its nght to request a heanng on a decision to deny or terminate assistance. The
notice shall include a bnef statement of reasons for the PHA decision. The notice will advise the family that they
have 15 days from the date ofthe Notice of Intended Action to request an Informal Heanng. The PHA will advise
the participant of their right to examine documents that are relevant to the reasons cited for initiating
termination of benefits and the nght ofthe family to seek legal representation. The PHA will schedule the
informal heanng in a reasonably expeditious manner upon the request ofthe family. The PHA will not terminate
rental assistance benefits under an executed HAP contract until a heanng decision has been rendered.
D. Pre-Hearing Discovery
The family has a right to pre-heanng discovery of PHA documents, including records and regulations, which are
directly relevant to the heanng. The family shall be allowed to make a copy of any such documents. The family is
required to produce the documents at the PHA office. The PHA has a parallel right to pre-heanng examination of
relevant family documents. The heaHng packet shall be available to the participant pnor to the scheduled
Informal Heanng. The family must provide any documents that will be presented at the Informal Heanng to the
PHA before the scheduled Informal Heanng. The PHA may not rely on a document withheld from disclosure.
Similarly, the family may not rely upon a document not produced at request by the PHA. The heanng officer has
the discretion to allow untimely submissions of relevant documents required, based on the relative
sophistication ofthe family, the complexity ofthe documents required, and the time the family had access to
the documents before the heanng. The PHA shall allow applicants and participants the nght to inspect and copy
documents under supervision of a PHA staff person.
XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS
A. Review of the Lease/Rental Agreement
The PHA will review a lease/rental agreement utilized by an owner to assure that the document is in compliance
with federal. State and local law. The owner will be required to attach the HUD lease addendum to their
lease/rental agreement.
Carlsbad Housing Agency - Administrative Plan *-| ^
B. Owner Violations of the HAP Contract
The PHA may terminate an owner from the program for serious and repeated violations ofthe HAP Contract
and/or lease agreement.
C. Disapproval of Owner for "Drug Trafficking"
The PHA shall disapprove of an owner if the PHA is in possession of credible information that the owner has
engaged in drug-dealing or trafficking. Drug trafficking refers to commercial drug-dealing (manufacture, sale, or
distnbution of narcotics), but does not cover illegal drug use.
D. Disapproval of Owner for HQS Violation
The PHA shall disapprove of an owner with a continued "history or practice" of violating HQS, City codes or
applicable housing standards under other federal housing programs.
XV. PROJECT-BASED HOUSING CHOICE VOUCHERS
A. General Provisions
The project-based component ofthe Housing Choice Voucher Program allows rental assistance to be attached to
a specific unit and/or project instead of a tenant-based program. The project may be owned by an individual,
corporation, trust, partnership, non-profit entity, as well as by the City of CaHsbad, excluding those sanctioned
from participation. The use of Project-Based Vouchers is governed bythe HUD regulations at 24 CFR Part 983. If
there are any conflicts between the Administrative Plan and the HUD regulations pertaining to the PHA's
project-based voucher program, the HUD regulations shall prevail.
The PHA may set aside up to 20 percent ofthe amount of budget authority allocated to the PHA by HUD in
the PHA voucher program for a Project-Based Voucher (PBV) Program. A separate waiting list will be
established for the PBV Program. At this time the Carlsbad Housing Agency has not exercised the Project-
Based Voucher component of the Section 8 Rental Assistance Program.
B. Background
Voucher holders who are persons with disabilities or special needs, including victims of domestic violence, often
have an even more difficult time locating appropnate housing that qualifies for the HCV Program. Persons with
disabilities and/or special needs often require supportive services to assist them in meeting their daily needs and
living independently. In order to improve the success rate of those least likely to be successful in a tenant-based
rental assistance program, the PHA has determined that it may be necessary to allocate its vouchers to project-
based assistance.
C. Eligible Housing
Project-Based Voucher assistance may be used for existing housing, or for newly constructed or rehabilitated
housing developed under and in accordance with a development agreement; the housing must be located
within the junsdiction of the City of CaHsbad. Housing projects may consist of the following housing types:
apartments, condominiums, group homes or houses.
Carlsbad Housing Agency - Administrative Plan -27- L,\
Project-based vouchers may not provide assistance for:
1. Shared Housing
2. Units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution.
3. Nursing homes or facilities providing continuous psychiatnc, medical, nursing services, board and care, or
intermediate care.
4. Units that are owned or controlled by an educational institution or its affiliate and are designated for
occupancy by students ofthe institution.
5. Manufactured homes.
6. Cooperative housing.
7. Transitional Housing.
8. High-nse elevator project for families with children.
9. An Owner-occupied unit
10. A unit occupied by an ineligible family.
In addition, PBV assistance may not be attached to a unit subsidized by another government program as defined
in 24 CFR 983.54.
D. Selection of PBV Owner Proposals
The PHA may select PBV proposals by either ofthe following two methods.
1. PHA Request for PBV Proposals.
2. Selection of a proposal for housing assisted under a federal, state or local government housing
assistance, community development or supportive services program that requires competitive selection
of proposals, where the proposal has been selected in accordance with such program's competitive
selection requirements within three years of the PBV proposal selection date, and the eaHier competitive
selection proposal did not involve any consideration that the project would receive PBV assistance.
Under the first selection method, PHA Request for PBV Proposals, pnority will be given to proposals:
1. In which the project was funded through the HOME and/or Low Income Housing Tax Credit (LIHTC)
Program.
2. In which the PBV units will be designated for "qualifying families", specifically elderly or disabled families,
or families receiving supportive services. Supportive services are defined as medical or disability-related
services; help with daily living activities and assistance with domestic violence.
Additionally, proposals will be evaluated based on the critena specified in 24 CFR 983.57 for existing,
rehabilitated, and new housing.
The PHA shall provide public notice ofthe opportunity to offer PBV proposals for consideration ofthe PHA. The
PHA shall publish the public notice in a local newspaper of general circulation. The public notice will include a
specific submission deadline. Detailed applications and selection information will be provided at the request of
interested parties.
The PHA will give prompt written notice to the party that submitted a selected proposal. The PHA will also give a
prompt public notice ofthe proposal selection, including publication in a local newspaper of general circulation.
The PHA will make documentation available for public inspection regarding the basis for the PHA selection of a
specific proposal.
Carlsbad Housing Agency - Administrative Plan • 28 - z,^
E. Subsidy Layering Requirements
The PHA will provide PBV assistance only in accordance with HUD subsidy layenng regulations (24 CFR 4.13). The
PHA will not enter an Agreement or PHAP contract until HUD or an independent entity approved by HUD has
conducted the required subsidy layenng review and determined that PBV assistance is in accordance with HUD
subsidy layenng requirements.
F" Maximum Number of PBV Units per Building
The maximum number of units that can be assigned PBV assistance in a multi-family building is 25%, except for
units specifically made available for "Qualifying Families". "Qualifying families" means elderly or disabled
families, or families receiving supportive services. Supportive services are defined as medical or disability-related
services; help with daily living activities and assistance with domestic violence.
G. Site Selection Standards
Site selection standards are identified in 24 CFR 983.57 and have different provisions for newly constructed,
rehabilitated, and existing housing. Pnorto selection ofa proposal for PBV housing, the PHA must determine
that project-based assistance for housing at the selected site is consistent with the goal of deconcentration of
poverty and expanding housing and economic opportunities.
H. Environmental Review
The PHA may not enter into an agreement or HAP contract with an owner, and the PHA, the owner, and its
contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property
or commit or expend program or local funds for PBV activities until the responsible entity has completed the
environmental review and HUD has approved the environmental certification, the responsible entity has
determined the project to be assisted is exempt, or HUD has performed an environmental review and provided
written notification of approval.
I. Inspection of the Project and Units
The Housing Quality Standards (HQS) cited under 24 CFR 982.401 are used for the PBV Program.
The PHA must examine the proposed site before the proposal selection date. All existing units must be inspected
before the proposal selection date and the PHA must determine ifthe units substantially comply with the HQS.
To qualify as existing housing, the units must substantially comply with the HQS on the proposed selection date.
The PHA may not execute the HAP Contract until the units fully comply with the HQS.
When a new family moves into a PBV unit, the unit must pass a HQS inspection before assistance can begin.
The PHA will conduct a random inspection of at least 20 percent ofthe PBV units in each project annually to
determine if the contract units and premises are maintained in accordance with the HQS. If more than 20
percent ofthe annual sample fails, the PHA will reinspect 100 percent ofthe PBV units.
The project and/or individual units are subject to special inspections for quality control purposes, or in response
to a complaint.
Carlsbad Housing Agency - Administrative Plan 29-1^3
J- Agreement to Enter Into a Housing Assistance Payments (HAP) Contract
The Agreement must be in the form required by HUD headquarters. If not available, the contract will be based
on contracts currently in use by other public housing agencies. For rehabilitated and newly constructed units,
the contract must comply with 24 CFR 983.151 through 983.204. Existing Housing must comply with 24 CFR
983.201-983.204.
K. Term ofthe HAP Contract
The PHA may enter into a HAP contract with an owner for an initial term of up to ten years for each contract
unit. Within one year before expiration, the PHA may agree to extend the term ofthe PHAP contract for an
additional term of five years ifthe PHA determines an extension is appropnate to continue providing affordable
housing for low-income families.
The PHAP Contract must provide that the term ofthe PHA's contract is subject to the availability of sufficient
appropnated funding. The owner may terminate the PHAP Contract; upon notice to the PHA, if the amount of
the rent to owner is reduced below the amount of the initial rent to owner.
L- Owner Maintenance and Operation
The owner must maintain the project in conformance with Housing Quality Standards. The PHA must not make
any HAP payment to the owner for a contract unit dunng any penod in which the unit does not comply with
HQS.
Occupants of assisted units may be required to make repairs to correct violations in HQS that were caused by
tenant abuse or neglect.
The project must be in compliance with all relevant federal. State and local laws, as well as all zoning and other
regulatory requirements. Taxes, fees, assessments, insurance, mortgages or other debts related to the projects
must be kept current.
Project owners must take prompt action against residents engaging in illegal activities on the premises.
M. Participant Selection for PBV assistance
The PHA will maintain a separate waiting list for each PBV Project. The PHA will notify applicants on the Section 8
tenant-based waiting list ofthe opportunity to place their names on the PBV waiting list.
The PHA will select families who are participants in the PHA's tenant-based voucher program and on the PBV
waiting list or are applicants on the PBV waiting list in accordance with following preferences:
1. In-place family. An in-place family is defined as an eligible family residing in a proposed contract unit on
the proposal selection date.
Carlsbad Housing Agency - Administrative Plan 30-(.^
2. Families (including individuals) with disabilities that significantly interfere with their ability to obtain or
maintain themselves in housing, who without appropnate supportive services, will not be able to obtain
or maintain themselves in housing; and, for whom such services cannot be provided in a nonsegregated
setting.
a. Participants in the PHA's tenant-based voucher program
b. Families (including individuals) currently residing or working in CaHsbad who have applied for
admission to the PBV Program.
c. Families (including individuals) not currently residing or working in CaHsbad who have applied for
admission to the PBV Program.
In no case will an ineligible family be displaced. The unit may be designated for PBV assistance after the ineligible
family moves from the unit.
N. Owner Selection of Tenants
Dunng the term ofthe contract, the owner must lease contract units only to eligible families selected and
referred by the PHA from the PHA waiting list.
The owner is responsible for adopting written tenant selection procedures that are consistent with the purpose
of improving housing opportunities for very low-income families and reasonably related to program eligibility
and an applicant's ability to perform the lease obligations.
Screening of applicants is the sole responsibility of the owner, except the PHA must give the owner the family's
current and pnor address and the name and address (if known) of the landlord at the family's current and
previous address.
An owner must promptly notify, in writing, any rejected applicant ofthe grounds forthe rejection.
0. Vacancies
The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit.
The Project may be eligible for up to two months vacancy loss, upon written request in the manner prescnbed
by the PHA, provided that all appropnate measures are taken to fill the vacancies and the vacancy is not the
fault of the owner.
The PHA may reduce the number of units under contract if the units remain vacant for 120 days.
P. Overcrowded. Under-Occupied, and Accessible Units
If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the
family does not require, and the unit is needed by a family that requires the accessibility features, the PHA will
promptly notify the family and the owner of this determination, and of the PHA's offer of continued assistance
in another unit.
The PHA will offer the family project-based voucher assistance in an appropnate size unit (in the same building
or another building) or tenant-based assistance under the voucher program. If the family does not accept the
offer to move with the PBV or tenant-based voucher assistance, the PHA will terminate the housing assistance
payments for the wrong-sized or accessible unit, at the expiration of a penod not to exceed 90 days.
Carlsbad Housing Agency - Administrative Plan
Q. Family Right to Move
The family may terminate the assisted lease after the first year of occupancy by providing written advance notice
of intent to vacate (with a copy to the PHA) in accordance with the lease.
If the family elects to terminate their tenancy after one year, the PHA will offer the family the opportunity for
continued tenant-based assistance under the voucher program.
Before giving notice to terminate tenancy, the family must contact the PHA to request comparable tenant-based
rental assistance ifthe family wishes to move with continued assistance. If voucher rental assistance is not
available, the family will be given pnority for the next available opportunity for continued tenant-based
assistance.
If the family terminates the assisted lease of a PBV unit before the end of one year, the family relinquishes the
opportunity for continued tenant-based assistance.
R. Rent to Owner
Rent to owner is covered by Subpart G (983.301 through 983.305). Rent adjustments may be processed once a
year effective on the annual anniversary date ofthe HAP Contract provided the new rent amount is reasonable
and the owners give a minimum of a 60-day advance written notice to the tenant(s) and the PHA. The adjusted
rent to owner amount applies for the penod of 12 calendar months from the annual anniversary of the PHAP
Contract.
Per CFR 983.304, for units assisted under the HOME program, rents may not exceed rent limits required bythe
HOME program.
At its discretion, the PHA may reduce the initial rent to owner because of other governmental subsidies,
including tax credit, or tax exemption, grants, or other subsidized financing.
S. PHA and Tenant Payment to Owner for Occupied Unit
The PHA shall make payments to the owner in accordance with the terms ofthe HAP Contract. The family is only
responsible for paying the portion ofthe rent determined bythe PHA. Except for assisted living developments,
the owner may not charge tenants, family members, or both for meals or supportive services. The owner may
not charge the tenant or family members extra amounts for items customanly included in rent in the locality or
provided at no additional cost to unsubsidized tenants in the complex.
Carlsbad Housing Agency - Administrative Plan -32- ij,k>
PROOF OF PUBLICATION
(2010 & 2011 CCP.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the Unite(j States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or intereste(j in
the above-entitled matter. I am the principal clerk
of the pnnter of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpanel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Proof of Publication of
CITYOF CARLSBAD
NOTICE OF PUBLIC HEARING
FY 2013 ANNUAL PUBLIC HOUSING AGENCY PLAN AND ADMINISTRATIVE PLAN
NOTICE IS HEREBY GIVEN that the Community De-velopment Commission of the City of Carlsbad will hold a public
hearing in the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 PM on Tuesday, April 2,
2013, to consider approval and authorizing submittal of the An-nual Public iHousing Agency Plan and Administrative Plan to
the U. S. Department of Housing and Urban Development.
The City of Carlsbad's Draft Annual PHA Plan and Administra-tive Plan is available for public review. Copies of this document
are available for review at: City Libraries (1250 Carlsbad Vil-
lage Drive and 1775 Dove Lane), Housing & Neighborhood Serv-ices (1200 Carlsbad Village Drive), and the Senior Center (799
Pine Ave).
Persons wishing to speak on this item are cordially invited to at-tend the public hearing. Please contact Housing & Neighbor-
hood Services at (760) 434-2816 to arrange for translators or oth-er special services needed to participate in the public hearing
process. If you have any questions or would like a copy of the Agenda Bill, please contact Bobbi Nunn, Housing Program
Manager, at (760) 434-2816. You may also provide your com-ments in writing to Housing & Neighborhood Services at 1200
Carlsbad Village Drive, Carlsbad, CA 92008 or by e-mail to bobbi.nunn@carlsbadca.gov
COMMUNITY DEVELOPMENT COMMISSION
PUB: MARCH 30, 2013 10730472
March 30'*^, 2013
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Escondido^ California
On This 01^ day Apnl, 2013
Jane AUshouse
NORTH COUNTY TIMES
Legal Advertising
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
FY 2013 ANNUAL PUBLIC HOUSING AGENCY PLAN AND ADMINISTRATIVE PLAN
NOTICE IS HEREBY GIVEN that the Community Development Commission of the City of
Carlsbad will hold a public hearing in the City Council Chambers, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 PM on Tuesday, April 2, 2013, to consider approval
and authorizing submittal of the Annual Public Housing Agency Plan and Administrative
Plan to the U. 8. Department of Housing and Urban Development.
The City of Carlsbad's Draft Annual PHA Plan and Administrative Plan is available for
public review. Copies of this document are available for review at: City Libraries (1250
Carlsbad Village Drive and 1775 Dove Lane), Housing & Neighborhood Services (1200
CaHsbad Village Drive), and the Senior Center (799 Pine Ave).
Persons wishing to speak on this item are cordially invited to attend the public hearing.
Please contact Housing & Neighborhood Services at (760) 434-2816 to arrange for
translators or other special services needed to participate in the public hearing process. If
you have any questions or would like a copy of the Agenda Bill, please contact Bobbi
Nunn, Housing Program Manager, at (760) 434-2816. You may also provide your
comments in writing to Housing & Neighborhood Services at 1200 Carlsbad Village Drive,
CaHsbad, CA 92008 or by e-mail to bobbi.nunn@carlsbadca.gov
COMMUNITY DEVELOPMENT COMMISSION
PUBLISH: MARCH 30,2013