HomeMy WebLinkAbout2014-04-08; Community Development Commission; 437; CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND ADMINISTRATIVE PLANCITY OF CARLSBAD
COMMUNITY DEVELOPMENT COMMISSION - AGENDA BILL
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MTG.
DEPT.
437
4/8/14
CED
CARLSBAD PUBLIC HOUSING
AGENCY ANNUAL PLAN AND
ADMINISTRATIVE PLAN
DEPT. DIRECTOR
CITY ATTY.
CITY MGR.
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RECOMMENDED ACTION;
HOLD a Public Hearing and ADOPT Community Development Commission Resolution No. 527
APPROVING the Carlsbad 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 Carlsbad 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 jurisdiction. On April 13, 2010 the Housing and Redeveiopment 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 Carlsbad 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 Violence Against Women
Reauthorization Act of 2013 (VAWA 2013). In addition, 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 relatingto 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@carlsbadca.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 Carlsbad Housing Agency.
The following policies have been revised in the Administrative Plan:
• Adds additional provisions as related to the Violence Against Women Reauthorization Act of 2013
(VAWA 2013)
• Revises the language allowing a one person household to request an additional bedroom for a
Live-In Aide as a reasonable accommodation if the participant can demonstrate the need for the
additional bedroom and it is certified by a professional.
PUBUC REVIEW AND HEARING;
The Draft Annual Public Housing Agency Plan and Administrative Plan were available for public review
and comment priorto adoption bythe Community Development Commission. The 45 day public review
period ends on April 8, 2014. 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 Carlsbad Public Housing Agency Annual Plan and Administrative
Plan on March 13, 2014, and adopted Resolution No. 2014-002 recommending that the Community
Development Commission approve the Carlsbad Public Housing Agency Annual Plan for Fiscal Year 2014
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 2013, the City of Carlsbad received approximately
$5.9 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. 52Z > to approve the
Carlsbad 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 ?Hk 5-Year and Annual PHA Plan, form HUD-50077 (4/2008)
3. Draft Housing Commission Meeting Minutes, March 13, 2014
4. Housing Commission Resolution No. 2014-002, adopted March 13, 2014
5. Housing Commission Staff Report, dated March 13, 2014
6. Draft Annual PHA Plan for Fiscal Year 2014, form HUD-50075 (4/2008)
7. Draft Administrative Plan for the Section 8 Housing Voucher Program, revised March 2014
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1 RESOLUTION NO. 527
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 PLAN FOR FISCAL YEAR 2014 AND THE
ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING CHOICE
VOUCHER PROGRAM FOR SUBMISSION TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, the Housing & Neighborhood Services ("Housing Agency") administers
J Q the Section 8 Rental Assistance Program for the City of Carlsbad; and
11 WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has
12 issued regulations requiring Public Housing Agencies (PHA) to submit a 5-year and Annual Plan
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consistent with the City of Carlsbad's Consolidated Plan and local objectives; and
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WHEREAS, the U.S. Department of Housing and Urban Development requires that
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the PHA revise the Administrative Plan for the Section 8 Housing Choice Voucher Program to
comply with HUD regulations and changes in local policies; and
18 WHEREAS, the Department of Housing and Urban Development (HUD) further
1^ requires that the Community Development Commission approve the Annual PHA Plan for Fiscal
Year 2014 and the revised Administrative Plan and authorize the Chairperson of the Community
Development Commission to execute the PHA Certifications of Compliance with the PHA Plans and
Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan for
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24 submission to the U.S. Department of Housing and Urban Development
25 NOW, THEREFORE, BE IT RESOLVED by the Community Development
Commission of the City of Carlsbad, California, as follows that:
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1. The above recitations are true and correct
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1 2. The Annual PHA Plan for Fiscal Year 2014 and the revised Administrative Plan
^ is hereby approved. The Chairperson of the Community Development Commission is hereby
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authorized to execute the PHA Certifications of Compliance with the PHA Plans and Related
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Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan and submit
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, it to the U.S. Department of Housing and Urban Development, o
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PASSED, APPROVED AND ADOPTED at a Special Meeting of the Community
Development Commission of the City of Carlsbad on the 8**^ day of April, 2014, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Commission Members Hall, Packard, Wood, Schumacher and Blackburn.
None.
None.
MATT HALL, Chairman
ATTEST:
KATHY DODSON, Secretary
EXHIBIT 2
PHA Certifications of Compliance
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 behalfofthe Board of Commissioners ofthe 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 ofthe 5- Year andfor XX Annual PHA
Plan for the PHA fiscal year beginning July 1, 2014, 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 ofthe 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 PH A'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 ofthe Board or
Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy ofthe 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 I'air 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 ofthe
resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives lo affirmatively further
fair housing that require the PHA's involvement and maintain records refiecting 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 PlC/lMS 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 ofthe development in
which to reside, including basic information about available sites; and an estimate ofthe period oftime 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 vvith civil rights laws and
certifications, as specified in 24 CFR part 903.7(c)(1).
9. The PFIA 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 vvith the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
1 1. The PHA vvill comply vvith 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)
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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 Governments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent vvith 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 vvill continue to be made available at least at the primary business office ofthe 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 of Directors (or similar governing body); and
(iii) The revised policies and programs are available for review and inspection, at the principal ofilce ofthe PHA during
normal business hours.
22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
Carlsbad Housing Agcncv CA077
PHA Name PHA Number/HA Code
5-Year PHA Plan for Fiscal Years 20 - 20
XX Annual PHA Plan for Fiscal Years 2014-2015
1 hereby certify that all the informalion stated herein, as well as any informalion provided in the accompaniment herewith, is true and accurate. Warning: I IUD wil
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001. iOlO. 1012; 31 U.S.C. 3729. 3802)
Name of Authorized Official Title
MATT HALL CHAIRMAN, Community Development Commission
Signature . // Date
April 8, 2014
Previous version is ob.solctc Page 2 of 2 form HUD-50077 (4/2008)
EXHIBIT 3
Draft Housing Commission Minutes
March 13, 2014
Minutes of: HOUSING COMMISSION
Time of Meeting: 6:00 P.M.
Date of Meeting: MARCH 13, 2014
Place of Meeting: COUNCIL CHAMBERS
CALL TO ORDER
Chairperson Smith called the Meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Smith led with the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Bobbie Smith
Susan Igoe
Craig Kirk Absent:
Brian Andrews
Emelda Bradwell
Staff Present:
Housing 8i Neighborhood Services Director: Debbie Fountain
Housing Program Manager: Bobbi Nunn
APPROVALOF MINUTES
Minutes of January 9, 2014, 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
Debbie Fountain, Director of Housing & Neighborhood Services, presented the item before the Housing
Commission as the Carlsbad Annual Public Housing Agency Plan and Administrative Plan and introduced
Bobbi Nunn, Housing Program Manager, to make the presentation.
Ms. Nunn gave her presentation on the Carlsbad Annual Public Housing Agency Plan and Administrative
Plan.
Chairperson Smith asked Ms. Nunn if VAWA means a boyfriend or husband against a woman.
Ms. Nunn said that is correct.
HOUSING COMMISSION MINUTES
March 13, 2014
PAGE 2 of 3
Commissioner Igoe asked if Ms. Nunn's office has seen violence against woman very often.
Ms. Nunn said no she does not.
Commissioner Igoe asked regarding the program from 2010 to 2014, what is the timeline for Carol and
Harding? Is that the project we looked at last year?
Ms. Fountain said yes it is the same project. They purchased duplexes that are rent restricted units and
hope to demolish the units and build new ones.
Commissioner Igoe asked if this was a revamp from before.
Ms. Fountain said the Council decided to build a new project that would increase the density.
Commissioner Igoe commented that she was not aware ofthe change.
Ms. Fountain said they have done some minor rehabilitation for health and safety reasons to the 44
units there now. The developer hopes to eventually replace the duplex units with 200 to 300
apartments.
Commissioner Igoe asked if it is rent restricted now.
Ms. Fountain said yes, they have entered into a regulatory agreement with the city.
Commissioner Igoe asked if this will come before the Housing Commission.
Ms. Fountain said the new development will not come before the Housing Commission, but if they
request additional financial assistance, it will.
Ms. Nunn added that one person the Rental Assistance Program helped was in one of those duplexes.
They moved into a remodeled unit with newly textured walls and new windows.
Commissioner Igoe asked if the current 44 units will increase to 200.
Ms. Fountain said we are hoping for that.
Commissioner Igoe asked if they are all rent restricted.
Ms. Fountain answered that most likely 100% of the new units will be dependent on funding sources
that will require rent restrictions.
Commissioner Igoe congratulated staff on being a top performer.
Ms. Nunn mentioned that one Housing Specialist has retired and they will have the position filled soon.
Commissioner Kirk moved that the Housing Commission adopt Resolution No. 2014-002, recommending
that the Community Development Commission approve the Carlsbad Public Housing Agency (PHA)
11
HOUSING COMMISSION MINUTES
March 13, 2014
PAGE 3 of 3
Annual Plan for Fiscal Year 2014 and the revised PHA Administrative 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
DIRECTOR'S REPORT - Ms. Fountain said she did not have any announcements. She did discuss with the
Housing Commission an incident that happened at Tavarua. She also said staff is moving forward with
developers on more projects within the city.
ADJOURNMENT
By proper motion, the meeting of March 13, 2014, 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.
IX
EXHIBIT 4
Housing Commission Resolution
No. 2014-002
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HOUSING COMMISSION RESOLUTION NO. 2014-002
3 A RESOLU1 TON OF THF HOUSING COMNIISSION OF LHE Ci TY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE
CARLSBAD ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR
FISCAL YEAR 2014 AND ADMINISTRATIVE PLAN AND
AU THORIZAriON TO SUBMIT TO THE L^.S, DEPARTMENT OF
6 HOUSING AND URBAN DEVELOPMENT
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WHEREAS, the Housing & Neighborhood Services Department administers the Seclion 8
Rental Assistance Program for the Cit^* 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 Plaris consistent with the City of
12 Carlsbad's Consolidated Flan and local objectives; and
13 WHEREAS^ the U.S. Depairtment of Housing and Urban Development requires that tbe
1^ FHA revise the Admimstrative Plan to comply,with HUD requirements and changes in local
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
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submitted to the U.S. Department of Flousing and Urban Development.
19
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission oftlie
20 . ^
21 Cit}'' of Carlsbad, California, as follows:
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1. Tbe above recitations are true and coiTect.
2. That based on the infonnation provided within the Housing Commission Staff Report,
the Housing Commission ADOPTS Resolution No. 2014-002, recommending to the
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HC RESOLUTION NO, 2014-002
PAGf- 2
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Community Development Commission APPROVAL ofthe Carlsbad Annual PITA Plan for
Fiscal Year 2014 and the Administrative Plan and authorization to submit lo the U.S. Department
of Housing and Urban Deveiopment.
The Housing Commission hereby recommends that the Housing &. Neighborhood Sendees
Director be authorized to execute all appropriate documents required for the submittal of said
Amiual PHA Plan.
PASSED, APPROVED, AND ADOFTED at a special meeting of the Flousing
Commission of the City of Carlsbad, California, held on the 13th day of March 2014, by the
following vote, to wit:
AYES: Igoe, Kirk and Smith
NOES: None
ABSENT: Bradwell and Andrews's
ABSTAIN: None
VK. J-
BOBBIE SMITH, CHAIRPERSON
CARLSBAD HOIJSINC COMMISSION
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DEBBIE FOUNTAIN
HOUSING Sc NEIGHBORHOOD SERVICES DIRECTOR
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IS
EXHIBIT 5
Housing Commission Staff Report
March 13, 2014
Ib
The City of Carlsbad Housing & Neighborhood Services
A REPORT TO THE HOUSING COMMISSION
Staff: Bobbi Nunn
Housing Program Manager
Item No. 1
DATE: March 13, 2014
SUBJECT: CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE
PLAN
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 2014-002, RECOMMENDING that the Community
Development Commission APPROVE the Carlsbad Public Housing Agency (PHA) Annual Plan for Fiscal Year 2014
and the revised PHA Administrative Plan for submission to the U.S. Department of Housing and Urban
Development.
IL BACKGROUND
Housing & Neighborhood Services administers the federally funded Section 8 Rental Assistance Program for the
Public Housing Authority in Carlsbad, which is more specifically known as the Carlsbad 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 Plan provides a basic guide to PHA policies, rules, and
requirements concerning the PHA's 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 for submission to HUD by the
Housing and Redevelopment Commission, now known as the Community Development Commission, on April 13,
2010.
Additionally, the PHA must adopt a written administrative plan that establishes local policies for administration
ofthe 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 bythe PHA Board of Commissioners or other PHA officials. The Community Development
Commission is the governing board for the Carlsbad Housing Agency.
IIL DISCUSSION
The Draft PHA Annual Plan and revised Administrative Plan are available for public review and comment prior to
the Public Hearing and adoption by the Community Development Commission. The public review period will end
on April 8, 2014, and the Public Hearing is tentatively scheduled for April 8, 2014. All public comments received
on the Draft PHA Plan and revised Administrative Plan will be addressed and included in the final documents
that will be submitted to HUD.
/7
CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN
March 13, 2014
Page 2
As a High Performing Housing Agency, the PHA Annual Plan is only required 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 the
• Violence Against Women Reauthorization Act of 2013 (VAWA 2013).
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 relatingto Civil Rights); and
• Resident Advisory Board (RAB) comments and a narrative describing the analysis of any
recommendations and decisions made regarding the recommendations.
In addition the following policies have been revised in the Administrative Plan:
• Adds additional provisions as related to Violence Against Women Reauthorization Act of 2013
• Revises the language for a one person household to request an additional bedroom for a Live-In Aide if
the participant can demonstrate the need for an extra bedroom and it is certified by a professional.
IV. STAFF RECOMMENDATION
Staff recommends that the Housing Commission adopt Resolution No. 2014-002, recommending that the
Community Development Commission approve the PHA Annual Plan for Fiscal Year 2014 and the revised
Administrative Plan for submission to the U.S. Department of Housing and Urban Development.
V. EXHIBITS
1. Housing Commission Resolution No. 2014-002
2. Annual PHA Plan (form HUD-50075) for Fiscal Year 2014
3. Administrative Plan for the Section 8 Housing Voucher Program, revised March 2014
(8
EXHIBIT 6
Draft Annual PHA Plan
FY 2014
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
C City of
Carlsbad
HOUSING AGENCY
Public Housing Agency Annual Plan
for Fiscal Year 2014
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S.
Housing Act of 1937, as amended, which introduced 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 of the public of the PHA's mission and strategies for serving the needs of low-income and very low-income
families. This form is to be used by all PHA types for submission of the 5-Year and Annual Plans to HUD. Public reporting burden for tiiis 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 currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by
virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the
collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
Page 1 form HUD-50075 (4/2008)
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.
• Standard PHA Type: • Small |3 High Performing
PHA Fiscal Year Beginning: (MM/YYYY): 07/2014 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
n 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 1
PHA 2
PHA 3
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 form HUD-50075 (4/2008)
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 2013 grants)
Armual Contributions for HCV Program -
Housing Assistance Payments (HAP)
$5,471,053.
Annual Contributions for HCV Program -
Administrative Fees for Program Operations
$ 463,361.
Total Resources $ 5,934,414.
3. Financial Resources:
Rent Determination
Payment Standards
Describe the voucher payment standards and policies.
What is the PHA's payment standard? (select the category that best describes your standard)
El Above 100% but at or below 110% of FMR.
If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that
apply)
IXI FMRs are not adequate to ensure success among assisted families in the PHA's segment of
the FMR area
3 Reflects market or submarket
El To increase housing options for families
El Other (list below)
• Higher standards based on the San Diego Apartment Association Rent Survey for the
City of Carlsbad.
13. Violence Against Women Act (VAWA):
The PHA is in compliance with VAWA. Staff is aware of outside resources available to
child or adult victims of domestic violence, dating violence, and sexual assault or stalking.
Staff has been directed to provide referrals to outside agencies that provide such services,
including the Women's Resource Center, which is located in Oceanside and provides
domestic violence services in the PHA service area. In addition a brochure titled:
Violence Against Women Act - What Applicants, Tenants, Owners and Landlords Need to
Know is available in English and Spanish in the lobby of Housing & Neighborhood Services
Department. Also, the brochures are included in the Briefing Packets, Port In Packets,
Move Packets, and mailed upon request.
In addition, staff has been made aware ofthe VAWA Reauthorization Act of 2013 which
extends the housing protections to survivors of sexual assault by adding "intimate
partner" to the list of eligible relationships in the domestic violence definition. Also,
protections now cover an "affiliated individual," which includes any lawful occupant living
in the survivor's household.
Page 3 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 of the PHA:
• City of Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Main administrative office of the local, county or State government:
• City of Carlsbad - City Hall
City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Public libraries:
• City of Carlsbad
Main Library
1775 Dove Lane
Carlsbad, CA 92011
• City of Carlsbad
Georgina Cole Library
1250 Carlsbad Village Drive
Carlsbad, CA 92008
Other:
• City of Carlsbad
Senior Center
799 Pine Avenue
Carlsbad, CA 92008
PHA Plan Supporting Documents are available for inspection at:
Main business office ofthe PHA:
• City of Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
Carlsbad, 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 form HUD-50075 (4/2008)
Si3
8 0 I 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 ofthe PHA 5-Year and
Annual Plan, annually complete and submit the Capital Fund Program Annual StatementfPerformance and
Evaluation Report, form HUD-50075.1, for each current and open CFP grant and CFFP financing.
Not 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).
n 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.
Not applicable
Page 5 form HUD-50075 (4/2008)
stH-
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, quality, accessibility, size of units, and location.
CARLSBAD HOUSING AGENCY: Section 8 Wafting List, Demographic Summary Report
Housing Needs of Families on the Section 8 Waiting List
Number of Families Percentage of Total
Families
Waiting List Total 386
Extremely Low Income (<=30% AMI) 282 73.1 percent
Very Low lncome(>30% but <=50% AMI) 89 23.1 percent
Low Income (>50% but <80% AMI) 14 3.6 percent
Families with Children * 51 13.2 percent
Elderly Families 152 41.0 percent
Families with Disabilities * 108 28.0 percent
* Note: Some families may be disabled families AND families with children.
Race/Ethnicity
Black 76 19.7 percent
White 289 74.9 percent
Hispanic 63 16.3 percent
American Indian 8 2.1 percent
Asian 10 2.6 percent
Note: Individuals may self-Identify more than one race and/or ethnicity.
Age by Gender
AGE TOTALS MALE FEMALE HEAD OF HH
MALE
HEAD OF HH
FEMALE
0-5 8 4 4 0 0
6-12 34 17 17 0 0
13-17 30 18 12 0 0
18 9 7 1 0 1
19-29 37 13 16 5 3
30-39 63 8 28 4 23
40-49 35 5 13 4 13
50-54 39 6 15 6 12
55-61 27 8 8 5 6
62-65 11 3 3 2 3
Over 65 76 15 29 13 19
TOTAL 369 104 146 39 80
Page 6 form HUD-50075 (4/2008)
S15
9.0 Average Annual Income
Average Family Size = 1.25 Average Annual Income per Family = $12,890
FAMILY SIZE AVERAGE ANNUAL INCOME
1 11,210
2 21,904
3 25,311
4 25,716
5 26,274
Earned Income
NUMBER OF FAMILIES
WITH EARNED INCOME
PERCENTAGE OF FAMILIES WITH EARNED INCOME
67 12 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
oniy, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan.
NOT REQUIRED @ ANNUAL PLAN SUBMISSION
10.
Additional Information. Describe the following, as well as any additional information HUD has requested.
(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 DeviationfModification. Provide the PHA's defmition of "significant
amendment" and "substantial deviationf 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 Ust applicants, unless that change is required or mandated as a result of
funding constraints and/or regulatory changes.
form HUD-50075 (4/2008)
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 fi-om the RAB must be submitted by the PHA as
an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the
recommendations and the decisions made on these recommendations.
(g) Challenged Elements
(h) Form HUD-50075.1, Capital Fund Program Annual Statementf Perf ormance 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 form HUD-50075 (4/2008)
^7
ATTACHMENT TO HUD-50075
PHA ANNUAL PLAN - FY 2014
PROGRESS IN MEETING MISSION AND GOALS STATEMENT
PROGRESS OF 5-YEAR PLAN GOALS AND OBJECTIVES: FY 2010 - 2014
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 - Carlsbad'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
OBJECTIVES
2010 2011 2012 2013 2014 Total Units
2010-2014
Ass/St in construction of new affordable
housing.
11
units 0 47
units
101
units 0 159
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, 2012 and 2013
• Maintained and utilized HAP costs within the HUD funding allocation
• Maintained a 98% or higher PIC reporting rate
Page 9
EXHIBIT?
Draft PHA Administrative Plan
Revised March 2014
ADMINISTRATIVE PLAN
FORTHE
SECTION 8
HOUSING CHOICE VOUCHER PROGRAM
C City of
Carlsbad
HOUSING AGENCY
HOUSING & NEIGHBORHOOD SERVICES
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Revised March 2014
Adopted by the Community Development Commission on:
30
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 EmpIo3mient Opportunity
C. Owner Outreach
D. Family Outreach
E. Limited English Proficiency
III. ADMISSION TO THE PROGRAM
A.
B.
C.
D.
E.
Waiting List Collaboration between Housing Authorities
Waiting List Administration
Waiting List Purge
Admission Preferences for Selection of Applicants
Single Elderly, Disabled, or Displaced Person
Income Targeting
Local Preferences
Order of Waiting 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 31
A Owner
B. Applicant
C. Participant
D. Repa3mient Agreements
TOC - ii
Carlsbad Housing Agency - Administrative Plan
VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION 13
A Subsidy Standards 24
B. Exception to Subsidy Standards 14
C. Initial Household Composition
D. Additions to Initial Household Composition 15
E. Other Household Additions 15
F. Live-In Aide 1^
G. Guest Policy 1^
H. Family Absence from the Unit 15
I. Family Break-up 17
J. Joint Custody of Children 17
VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT f HAPl
CONTRACT ^
A. Family Tenancy History 17
B. Submittal of the Request for Tenancy Approval 18
C. Security Deposits lg
D. Damage Claim Provisions 18
E. Housing Quality Standards and Inspections 18
F. Housing Assistance Payment 19
G. Moves -j^g
VIIL SPECIAL HOUSING TYPES 20
A Special Housing Types-Manufactured Home 20
B. Other Special Housing Types 20
IX. DEBTS OWED TO THE HOUSING AGENCY 20
20
20
20
20
X. ANNUAL AND INTERIM REEXAMINATIONS 21
A Recertification 2i
B. Interim Reexaminations 21
C. Family Moves 2i
D. Portability 2i
XI. VERIFICATION POLICY 22
A Enterprise Income Verification (EIV) 22
B. Medical Expenses 23
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 ofthe Lease/Rental Agreement 25
H. Fraud or Other Program Violations 25
I. Violence against PHA Personnel 25
J. Violence Against Women Act (VAWA] 25
XHL PROCEDURES FOR INFORMAL REVIEW OR HEARING 25
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 Review of 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
TOC - iii
Carlsbad Housing Agency - Administrative Plan
33
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 ofthe Project and Units 29
J. Agreement to Enter Into a Housing Assistance Payments (HAP) Contract 30
K. Term of the HAP Contract 3Q
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 31
R. Rent to Owner 32
S. PHA and Tenant Pa5mient to Owner for Occupied Unit 3 2
TOC-iv
Carlsbad Housing Agency - Administrative Plan
3^
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 described in and implemented through this
Administrative Plan.
Carlsbad Housing Agenc/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 adequate housing which is affordable,' decent
safe and sanitary in the PHAs jurisdiction. In furtherance of this goal, the PHA is committed to the policies and
goals contained in the Housing Element of the 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 authorized by state law to develop and operate housing programs for low-income
families. Carlsbad's Housing Agency is a division ofthe Housing & Neighborhood Services department ofthe City
of Carlsbad. The PHA has entered into an Annual Contributions Contract (ACC) with HUD to administer the
program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and
notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in
program operation.
Administration ofthe Section 8 Program and the functions and responsibilities ofthe Carlsbad Housing Agency
staff shall be in compliance with the City of Carlsbad's Personnel Policies, HUD Section 8 Regulations as well as all
Federal, State and local Fair Housing Laws and Regulations.
The City of Carlsbad 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 Carlsbad 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 private property owners to rent to very low-income families by
offering timely assistance payments and annual inspections.
^ansSa^TousmgTgency^T^
3^
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 derived from many sources. Primarily 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 primary 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 situation.
state Law. Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists.
Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the
state law.
Industry Practice. Where no law or HUD authority exists on a particular subject, industry practice may
support PHA policy. 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 Community Development Commission. An adopted copy
ofthe Administrative Plan must be submitted 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 NOT 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 of this Plan is advised to
consult the above listed documents for detailed information and guidance.
^arlsBa^toTismgAgenc^
36
C. Code of Conduct
All officers and employees will comply with the City of Carlsbad 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 entering into any
contract or arrangement in connection with the tenant based programs in which any ofthe following classes or
persons has any interest, direct or indirect, during 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 described 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 of $25.
All PHA officers, employees, contractors, subcontractors, or agents will conduct business with integrity and in an
honest and professional manner.
Any violations ofthe PHA Code of Conduct and City of Carlsbad ethical standards policies, including those
contained in the City of Carlsbad City Code; Personnel Rules; Housing 8i 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, prior 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 used for other housing purposes, as defined
by HUD.
^aHsEa^tousTn^genc^^^^
37
IL FAIR HOUSING POLICY
It is the policy ofthe PHA to comply fully with all federal, state, and local nondiscrimination 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 origin, age, religion, sex, familial or marital
status, disability, sexual orientation, or sex/gender identity and expression.
The PHA will provide federal/state/local information to Section 8 applicants and participants regarding
"discrimination" and any recourse available to them if they feel that they are victims of discrimination. The
following information will be provided during the initial program briefing session and included in the Section 8
briefing packet: applicable Fair Housing Information, HUD-1260-FHEO Fair Housing Handbook, and
Discrimination Complaint Forms. This information will also be given upon request. In addition. Fair Housing
pamphlets in English and Spanish are displayed in the PHA's lobby. Upon request, PHA staff will be available to
assist applicants and participants complete Discrimination Complaint Forms.
To further the PHA's commitment to full compliance with applicable Civil Rights laws, the City of Carlsbad
contracts with 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 rights. 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 briefing 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 and administrative burden" for the PHA, or result in a "fundamental alteration" in
the nature ofthe program or services offered. An undue financial burden includes one that when considering
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 Carlsbad Village Drive, Carlsbad, CA 92008. The office is accessible to
persons with disabilities. Accessibility for the hearing-impaired is provided by the State of California
Communications Systems. The accommodation policy is applicable to all situations described 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 if the
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 bythe 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
will be allowed to provide some information, but only with the permission ofthe person with the disability. A list
3^
of accessible rental units for persons with a disability is available in the lobby; are included with the Voucher
Briefing packet, and will be provided upon request. Housing information and materials 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 Carlsbad's Equal Employment Opportunity Policy. In employing personnel for all
housing programs, the PHA will follow non-discrimination guidelines.
C. Owner Outreach
The PHA encourages owners of decent, safe and sanitary rental 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 describing the benefits of the rental assistance program will be available
upon request.
5. The PHA will market the Section 8 program by conducting Rental Owner workshops for prospective
owners periodically to explain the program benefits, especially during periods 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 periodically evaluate the distribution of assisted families to identify areas within the jurisdiction
where owner outreach should be targeted.
^aHsOTHousmgAgenc^
51
D. Familv Outreach
Outreach will inform all eligible segments of Carlsbad'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 distribute fact sheets to the broadcasting media, and initiate
personal contact with members ofthe news media and community service agencies to 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
2. Weekly Publications
Hispanos Unidos
The Reader
The Coast News
La Prensa San Diego
3. T.V. stations
Channel 24/126 - Carlsbad City TV (Time Warner Cable)
Channel 99 - Carlsbad City TV (AT&T U-Verse)
Channel 5 - KSWB
Channel 8-KFMB
Channel 10-KGTV
Channel 39/Cable 7 - KNBC
Uaisons have been established with a variety 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 so that they can
make appropriate referrals. Community contacts include but are not limited to the following:
Access Center
Aid to Veterans of America
Association for Retarded Citizens
Brother Benno's
Carlsbad Unified School District
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
L4C
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 Umited 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, by the 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 been allocated 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 described in this Plan.
A. Waiting List Collaboration between Housing Agencies
Carlsbad 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 jurisdiction to another housing agency's jurisdiction, maintaining their original date of
application if the applicant lives or works in that jurisdiction. The PHA, upon request from an applicant, will
forward a waiting list application in the event that the applicant moves or is working in another agency's
jurisdiction. Conversely, the Carlsbad PHA will accept a waiting list application from another San Diego County
PHA if that applicant either lives or works in Carlsbad's jurisdiction. 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 Carlsbad'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 another San Diego County PHA //the
application date is prior to the October 1^* closing date.
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41
B. Waiting List Administration
The PHA's Section 8 Waiting Ust 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 eligibility 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 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
Periodically, the PHA will conduct a purge of the waiting list. An applicant will be mailed a notification requesting
an update in information and inquiring 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 of the applicant;
4. The PHA has information that any household member is currently engaged in drug-related activity,
violent criminal activity, and/or is engaged in abuse of alcohol or has a pattern of alcohol abuse that may
threaten the health, safety, or right 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% ofthe 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% ofthe 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 Carlsbad 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 of or employed
within Carlsbad will have preference over an applicant who is not a resident or is not employed in Carlsbad.
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.
E. Order of Waiting 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 of the Housing and Community Development Act of 1980, as amended, the
Secretary of the 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 Pa5mients
(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 temporarily away from the home due to placement in foster care is considered a member
of the 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 of the family
for determining the subsidy standard.
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^3
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.
D. 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 if the 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 period 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 orderto 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 original date of application. A letter with updated
waiting list information will be mailed to the applicant. If the 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.
An applicant family that is selected off the waiting list will be determined to be eligible or not eligible to continue
with the eligibility process. This determination will be made based on the information provided on the Personal
Declaration, the supporting documents submitted and independent verification bythe PHA. The family must be
eligible for the preferences that they have claimed, the current income limits, and jurisdiction priority as ofthe
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 will be documented but it will not negatively impact their position
during the eligibility process. However, if the family's change in circumstances is priorto voucher issuance and
results in the family's income exceeding 50% ofthe Area Median Income (AMI), the family must be denied
program admission.
If the family is determined to be ineligible as ofthe date the family was selected from the waiting list, the family
will be required to reapply for placement on the waiting list (if the waiting list is open).
If the family's income increases after it was issued a voucher. The income increase will be handled in accordance
with the PHA's current interim policy and may not be processed until the family's next annual reexamination
after the family leases a rental unit.
Carls EaT Housm^genqT^'A^^
E. Denial of Admission
The PHA shall deny an applicant admission to participation in the rental assistance program under the following
circumstances:
1. If the 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. If the 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, bribery, or other corrupt or criminal 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 criminal activity or violent criminal activity,
including criminal activity by any family or household member. Currently engaging in illegal drug,
or violent criminal 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. If the 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 right to peaceful enjoyment ofthe
premises by other residents.
11. Any household member has ever been convicted of drug-related criminal activity for
manufacture or production of methamphetamine on the premises of federally assisted
housing.
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 right to peaceful
enjoyment ofthe premises by other residents.
13. A member of the family engaged in violent criminal activity during the past five years. Violent
criminal activity is any criminal 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, serious
bodily injury or property damage.
14. A member ofthe family engaged in illegal drug-related activity during the past five years that
involved: sales, transportation, manufacture or possession for sale.
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15. A family member engaged in other criminal activity during the past five years that threatened
the health or safety ofthe PHA, owner, employee, contractor or agent ofthe PHA or the right
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 of the household.
17. In the past one year period, 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 ofthe household.
V. VOUCHER ISSUANCE AND BRIEFINGS
A. Briefing of Applicants
After an applicant is determined eligible, the applicant will be scheduled for a Voucher Briefing session. By
request, individual, or at-home Voucher Briefing sessions will be conducted based on the needs ofthe eligible
applicants. Separate briefings will be conducted for non-English speaking applicants when necessary. The
briefing format will be an oral presentation with visual aids. The briefing will include a description of how the
program works; family and owner responsibilities; and where the family may lease a rental unit, including
transferring 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 Briefing packet which includes materials and
information as outlined in the Federal Regulations. The Voucher Briefing 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
hearing procedures.
B. Voucher Term Limit
For participant's who are porting into the PHA's jurisdiction, the voucher issuance and term date will be
determined by the 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 ofthe briefing. For a participant requesting
to move or port to another jurisdiction, the issuance date is the earliest date the participant is eligible to enter
into a new contract.
Upon written request by the family, a one-time 60-day extension will be granted to accommodate a person with
disabilities. The family must complete the request 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.
5ans5aTHoiJs!n^Agenc^^^^
A request for an extension may be approved for extenuating circumstances that include hospitalization, serious
illness, family emergency, or, if porting to another jurisdiction, atthe request ofthe 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 of the family.
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 ofthe voucher. The suspension ofthe 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 period. If the 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 appropriate 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 reviewthe 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 forthe 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 comparison 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 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 to ensure that the assisted rental unit is not in violation of overcrowding per Housing
Quality Standards (HQS). Port-in families moving into this PHA's jurisdiction, from another Housing Agency, will
be subsidized based on this PHA's subsidy standards. Subsidy standards do not dictate sleeping arrangements for
the family.
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H1
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.
A. Subsidy Standards
Vouchers will be issued in the smallest bedroom size to which the family is determined qualified. 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 living/sleeping room
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. Prior to the exception being
approved, the PHA will require appropriate 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 may not automatically be granted an additional bedroom to accommodate a
Live-In Aide as the living room may be considered a sleeping area. However, if the one person household can
demonstrate that they do need the extra bedroom subsidy due to their disability and that need is confirmed by
a professional, the request will be taken into consideration as an accommodation.
C. Initial Household Composition
The PHA shall approve the members constituting the household. The household members 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 who are part ofthe
IHC or mandatory additions have entitlement to continue receiving rental assistance should the head of
household pass away or leave the Section 8 Program.
^ansBa^nousmgTgenc^^^c^^
D. Additions to Initial Household Composition
Under the following circumstances, prior 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 ofthe 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 ofthe 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.
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, if the
following conditions are met:
1. The landlord approves, in writing, a change in tenant composition, prior to the addition ofthe
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 Uve-ln 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 criteria:
• 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 Verification 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 atthe initial request and upon recertification ofthe household or if the family
moves.
• Uve-ln 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 Uve-ln Aide's family does not overcrowd the
assisted unit in accordance with HQS.
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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 Uve-ln 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, bribery or any corrupt or criminal act in connection with any federal
housing program;
2. The person commits drug-related criminal activity or violent criminal activity;
3. The person abuses alcohol or has a pattern of abuse that may threaten the health, safety, or the
right 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.
G. Guest Policy
The PHA recognizes that participants will have visitors who may stay at the assisted unit. The participant must
notifythe 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, by the 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 ofthe terms ofthe 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 majority 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 imprisonment due to drug-related or violent criminal activity.
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1. 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 ofthe children and elderly or disabled individuals. The PHA may consult
with appropriate 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 of the 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 impacted adult members. Recommendations will be reviewed with
the family, before a final decision is made in either approving the recommendation or modification thereof.
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 and 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. Joint 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 ofthe 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.
VIL 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. Upon request ofthe owner, the PHA must
provide the family's current address and the name and address ofthe owner and the owner information for
prior 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 criminal activity, unless instructed, in writing, bythe applicant or participant.
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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 process at the briefing 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. If the RFTA is not approved,
the PHA will inform the household and property owner by phone and 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 private market practice, or in excess of security deposits forthe owner's unassisted
units.
D. Damage Claim Provisions
Effective October 2,1995, the Conforming Rule eliminates the right of the 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 that was originally 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 during 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 the inspection, the owner is requested to bring the fail 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 ofthe
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 within 30 days for routine fail items and 24 hours for life threatening fail
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5A
items, the owner and participant will be notified that the Housing Agency will abate the Housing Assistance
Payment. If the owner has not completed the repairs within two weeks ofthe notice of abatement, the Housing
Specialist will proceed to terminate the contract. If the repairs are confirmed by a reinspection on or prior to the
contract termination date, the payments may continue as ofthe date that the Housing Specialist verifies that the
unit passes inspection.
If the Inspector makes the determination that the tenant caused the fail item, the tenant has the same time
constraints as the owner for repairing 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
prescribed time frame, the Housing Specialist will proceed with termination of rental assistance benefits.
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
comparison to other unassisted rental units;
4. Receives the completed Internal Revenue Service, Form W-9 and related documents confirming
ownership ofthe 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 bythe 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 during 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 period, 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 if the 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.
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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.
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. If the 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 if the 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 jurisdiction, the balance must be paid in full priorto 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 jurisdiction until payment is received in full. The Housing Program Manager may waive this
requirement if the 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 36 months unless approved bythe Housing Program Manager.
A family who fails to report an income increase within the 15-day reporting period is subject to a retroactive
interim 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
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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.
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
Interim reexaminations (certifications conducted before the anniversary date) are based on a change in family
composition or financial status. Interim reexamination will not alter the date of the family's annual
recertification. Any increase in the family's share ofthe rent, prompted bythe interim reexam, shall be preceded
by a minimum of 30 days' written notice of such increase. Interim 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 interim 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 interim 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. Familv 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 briefings, in the lease
agreement/addendum and upon inquiry to the PHA.
D. Portability
Port in participants - the PHA will generally accept the income eligibility determination ofthe initial Housing
Agency, if completed within 60 days of transfer and if there is not any family composition or income changes
that have occurred. New family composition or income change information may warrant a redetermination by
the PHA.
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55
Port out participants - the PHA will allow the family to lease outside of the jurisdiction if they are in good
standing.
XI. VERIFICATION POLICY
A. Enterprise Income Verification
HUD regulations state that Enterprise Income Verification (EIV) is the preferred method of verification
whenever possible. HUD has made available the EIV System and strongly encourages PHA's to utilize the
system to validate tenant reported income and inform tenants of the PHA's capability and intent to compare
tenant-reported information with data received. EIV shall only be utilized by users authorized bythe
Executive Director, who have completed the necessary HUD paperwork for EIV access. If the EIV income
information is less than the family's reported income, the PHA will use the family's reported income, as
verified by third-party verification (or other forms if third-party cannot be obtained).
If the EIV income information is more than the family's income figure, the PHA will use the EIV, 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 EIV provides wage information that may be up to six months old, it may only be used for verification in
combination with at least two months of current paystubs provided that the participant is still working for the
same employer.
EIV will be reviewed for all family members at least annually at recertification and when the family is
transferring its assistance to another unit in the PHA's jurisdiction.
If EIV 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 verified by third-party
verification (or lesser forms of verification 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 EIV data to document the discrepant income, staff
shall submit a third-party verification form to the income source.
2. Staff shall review historical data for prior patterns of employment, benefit payments, and/or
other income source histories.
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 EIV 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
EIV 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 interim reexam, or move appointment.
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6(o
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 ofthe 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 during the reexam period. Expenses from the previous year may be analyzed to determine the
amount when other verification is not available.
XII. 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, serious, 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 period 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.
57
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 serious or repeated violation of the lease.
3. Commit fraud, bribery, or any other corrupt or criminal act in connection with the program.
4. Participate in illegal drug or violent criminal 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 ofthe 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
right to peaceful enjoyment ofthe premises by other residents.
B. Termination Information for Participant
If the 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 Hearing as well as their rights during
the Hearing 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 criminal activity, regardless of where the criminal
activity takes place.
E. Violent Criminal Activity
The PHA shall terminate families who engage in violent criminal 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 crime, or friends/guests ofthe assisted family committed the
crime, regardless of whether the person has been arrested or convicted, or without regard to whether a crime is
technically classified as a felony.
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5?
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
serious 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 by the 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. If the 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 ofthe family commits fraud, bribery or any other
corrupt act. Such criminal act is a breach of family obligations.
I. Violence against PHA Personnel
The PHA shall deny or terminate assistance if the 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 criminal activity is subject
to the provisions ofthe Violence Against Women Act of 2005 and Reauthorization Act of 2013 as described
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 if the applicant otherwise qualifies for assistance or admission.
2. Incidents or threats of abuse will not be construed as serious or repeated violations of the lease/rental
agreement or other "good cause" for termination ofthe assistance, tenancy, or occupancy rights of a
victim of 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 right 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.
XIIL 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 brief statement of the reasons for the decision.
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51
B. Informal Hearing - Participant
The PHA shall offer a hearing for certain PHA determinations relating to the individual circumstances of a
participant family. The hearing 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 hearing shall be
offered on:
1. PHA determination of the family's income.
2. PHA determination of the family unit size for the family under the PHA subsidy standards.
3. PHA determination of the appropriate 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 period permitted under PHA policy and HUD Rules.
A request for an informal hearing 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 hearing for
PHA discretionary administrative determinations or for general policy issues or class grievances.
C. Hearing Notice to Participant
The PHA shall notify the family of its right to request a hearing on a decision to deny or terminate assistance. The
notice shall include a brief 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 Hearing. 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 right of the family to seek legal representation. The PHA will schedule the
informal hearing 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 hearing decision has been rendered.
D. Pre-Hearing Discovery
The family has a right to pre-hearing discovery of PHA documents, including records and regulations, which are
directly relevant to the hearing. 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-hearing examination of
relevant family documents. The hearing packet shall be available to the participant prior to the scheduled
Informal Hearing. The family must provide any documents that will be presented at the Informal Hearing to the
PHA before the scheduled Informal Hearing. 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 hearing 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 hearing. The PHA shall allow applicants and participants the right 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.
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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
distribution 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 Carlsbad, 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 of the 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 ofthe 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 appropriate 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 orderto 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 jurisdiction ofthe City of Carlsbad. Housing projects may consist ofthe following housing types:
apartments, condominiums, group homes or houses.
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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 psychiatric, 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 of the institution.
5. Manufactured homes.
6. Cooperative housing.
7. Transitional Housing.
8. High-rise 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 of the 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 ofthe PBV proposal selection date, and the earlier 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, priority 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 criteria 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.
E. Subsidy Lavering Requirements
The PHA will provide PBV assistance only in accordance with HUD subsidy layering regulations (24 CFR 4.13). The
PHA will not enter an Agreement or HAP contract until HUD or an independent entity approved by HUD has
conducted the required subsidy layering review and determined that PBV assistance is in accordance with HUD
subsidy layering 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. Priorto selection of a 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 if the 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.
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63
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 HAP contract for an
additional term of five years if the PHA determines an extension is appropriate to continue providing affordable
housing for low-income families.
The HAP Contract must provide that the term ofthe PHA's contract is subject to the availability of sufficient
appropriated funding. The owner may terminate the HAP Contract; upon notice to the PHA, if the amount ofthe
rent to owner is reduced below the amount ofthe 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 during any period 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.
2. Families (including individuals) with disabilities that significantly interfere with their ability to obtain or
maintain themselves in housing, who without appropriate supportive services, will not be able to obtain
or maintain themselves in housing; and, for whom such services cannot be provided in a non-segregated
setting.
a. Participants in the PHA's tenant-based voucher program
b. Families (including individuals) currently residing or working in Carlsbad who have applied for
admission to the PBV Program.
c. Families (including individuals) not currently residing or working in Carlsbad who have applied for
admission to the PBV Program.
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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
During 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 prior address and the name and address (if known) ofthe landlord at the family's current and
previous address.
An owner must promptly notify, in writing, any rejected applicant ofthe grounds for the 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 prescribed
by the PHA, provided that all appropriate measures are taken to fill the vacancies and the vacancy is not the
fault ofthe owner.
The PHA may reduce the number of units under contract if the unit remains 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 notifythe family and the owner of this determination, and ofthe PHA's offer of continued assistance
in another unit.
The PHA will offer the family project-based voucher assistance in an appropriate 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 period not to exceed 90 days.
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 if the family wishes to move with continued assistance. If voucher rental assistance is not
available, the family will be given priority for the next available opportunity for continued tenant-based
assistance.
65
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 period of 12 calendar months from the annual anniversary of the HAP
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 Pavment 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 customarily included in rent in the locality or
provided at no additional cost to unsubsidized tenants in the complex.
CarlsBacniousm^Sgen^
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AFFIDAVIT OF MAILING
NOTICE OF PUBUC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: ^^/[(f-
SUBJECT: cQ.o(^ Public fhusCfxcf Acf^CA I P(ar, ^
LOCATION:
DATE NOTICES MAILED TO PROPERTY OWNERS: A/ /A
NUMBER MAILED: N/AK
T
I declare under penalty of perjury under the iaws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Signature) (Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: t0^Union Tribune
Q- North Countv Timoo»
PUBLICATION DATE: Union Tribune
JMorth County Tinneg.
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct.
Date: -3
(Signature)
Attachments: 1) Mailing Labels
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PROOF OF PUBLICATION
(2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
UT - North County
Formerly known as the North County Times and
which newspaper has been adjudicated as a
newspaper 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
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Proof of Publication of
CITYOFCARLSBAD
NOTICE OF PUBLIC HEARING FY 2014 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 Chamber, 1200 Carlsbad Vil-
lage Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 8, 2014, to consider approval and authorizing submittal of the
Annual Public Housing 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-
Kes (1200 Carlsbad Village Drive), and the Senior Center (799 Pine Avenue).
Persons wishing to speak on this item are cordially invited to at-tend the public hearing. Please contact Housing & Neighbor-
hood Services at 760-434-2618 to arrange for translators or other special services needed to participate in the public hearing proc-
ess, f yqu have any questions or would like a copy of the Agen-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, Carlsbad, CA 9200 or by e-mail to bobbi.nunn@carlsbadca.gov .
CITYOFCARLSBAD
COMMUNITY DEVELOPMENT COMMISSION Pub: 04/04/14
April 04*^ 2014
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
iThis 043!V-day April 2014
Jane Allshouse
NORTH COUNTY TIMES
' Legal Advertising
Carlsbad AnnualPublic Housing Agency Planand Administrative PlanPresentationBobbi Nunn, Housing Program ManagerApril 8, 2014
Public Housing Agency Plan•Federal regulations require a five‐Year and Annual Public Housing Agency Plan.•Purpose is to provide a basic guide to:Public Housing Agency policies and rules; Operations, programs and services; andMission and strategies for serving low and very low‐income needs.
Public Housing Agency Plan•Annual Plan must be adopted by the Community Development Commission and submitted to the U.S. Department of Housing and Urban Development.•Public participation required:–45‐day public review and comment period ends on April 8thwith the public hearing; and –Any public comments will be addressed in the final PHA Plan submission.3
Annual Public Housing Agency Plan•Public Housing Agency Plan elements that have been revised:–Financial resources;–Rent determination (payment standards); and–Violence Against Women Reauthorization Act of 20134
Annual Public Housing Agency Plan•Financial Resources:–CY 2013 total program funding = $5,934,414•Rental Assistance Payments ‐$5,471,053•Program Administration ‐$463,361 5
Annual Public Housing Agency Plan•Rent Determinations:–Payment standards revised October 1, 2013:Studio $10321 Bdrm $11352 Bdrm $14896
Annual Public Housing Agency Plan•Violence Against Women Reauthorization Act of 2013–adds “intimate partner” in the list of eligible relationships in the domestic violence definition; and–expands protections to “affiliated individual” which includes any lawful occupant living in the survivor’s household.7
FY 2010‐2014 Progress•PHA Goal: Expand housing–Total 159 affordable units:•Vista Terrace, Solutions for Change ‐47 units •Tavarua Senior Apartments ‐50 units •Costa Pointe –9 units, 3 bedrooms•Carol and Harding Project ‐44 duplex units 8
FY 2010‐2014 Progress•Improve the quality of assisted housing –Improve voucher management (Section 8 Management Assessment Program)–100% reporting rate–High performer ranking: FY 2008, 2009, 2010, 2011, 2012 and 2013–Maintained and utilized HAP costs within the HUD funding allocation9
Administrative PlanSection 8 Rental Assistance Program•HUD regulations require an administrative plan•Local policies for administration of the Section 8 Rental Assistance Program •Establishes policies for discretionary areas•Formally adopted by the Community Development Commission for submission to Housing and Urban Development10
Administrative PlanThe following policies have been updated:•VAWA definition–Added language in accordance with the Violence Against Women Reauthorization Act of 2013•Reasonable accommodation–Added language for a 1‐person household to request an additional bedroom as a reasonable accommodation for a live‐in aide.11
Section 8 Rental Assistance Update•Waiting list is still closed–Approximately 550 applicants on waiting list •Assist approximately 560 families per month:–39% of households are elderly (62 and over)–61% are non‐elderly households (includes disabled households)–Average family size is 1.87 and average income is $16,511 – 32% of household members have earned income12
Staff ContactBobbi Nunn Housing Program ManagerHousing & Neighborhood Servicesbobbi.nunn@carlsbadca.gov760.434.281613