HomeMy WebLinkAbout2022-11-15; Community Development Commission; Resolution 557RESOLUTION NO. 557
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CARLSBAD HOUSING
AGENCY'S REVISED ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE
VOUCHER RENTAL ASSISTANCE PROGRAM
WHEREAS, the Housing and Homeless Services Department administers the Housing Choice
Voucher Rental Assistance Program for the City of Carlsbad's Public Housing Agency (PHA); and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires PHAs to
periodically revise their Housing Choice Voucher Administrative Plan; and
WHEREAS, the Carlsbad Housing Commission passed Resolution No. 2022-006 which
recommended that the Carlsbad Community Development Commission approve the revised Carlsbad
Housing Agency's Administrative Plan; and
WHEREAS, federal regulations require that Administrative Plans must be adopted by the Carlsbad
Community Development Commission.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Community Development Commission of the
City of Carlsbad, California, as follows:
1.The above recitations are true and correct.
2.That the Community Development Commission approves the Carlsbad Housing Agency's
revised Administrative Plan for the Housing Choice Voucher Rental Assistance Program,
included herein as Attachment A.
PASSED, APPROVED, AND ADOPTED at the Special Meeting of the Community Development
Commission of the City of Carlsbad, California, held on the 15th day of November, 2022, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
n � Q_A
"'SCOTT CHADWICK, Secretary
SEAL)
Carlsbad Housing Agency
Housing Choice Voucher Program
Administrative Plan
Housing & Homeless Services Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Revised October 2022 – scheduled to be presented to the:
•Housing Commission on 10/13/2022
•Community Development Commission on 11/15/2022
Attachment A
Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Table of Contents
Chapter 1 – HCV Program Overview
A.Introduction 1-1
B.Local Objectives 1-1
C.Purpose of the Administrative Plan 1-2
D.Code of Conduct 1-3
E.Privacy Rights of Families 1-4
F.Release of Information 1-4
G.Administrative Fee Reserve 1-5
H.Passbook Savings Rate 1-5
Chapter 2 - Fair Housing and Non-Discrimination
A.Fair Housing Policy 2-1
B.Reasonable Accommodations 2-2
C.Live-In Aide 2-4
D.Limited English Proficiency (LEP)2-5
E.Technology Platform Requirements 2-5
Chapter 3 – Waiting List Administration
A.Income Targeting – 75 Percent Selection Rule 3-1
B.Admissions – Targeted Funding and Waiting List 3-1
C.Local Preferences and Definitions 3-2
D.Verification of Local Preferences 3-3
E.Selection from the Waiting List 3-3
F.Waiting List Removal 3-5
G.Opening the Waiting List and Closing the Waiting List 3-5
H.Collaboration between Public Housing Agencies 3-6
I.Updates to the Waiting List 3-6
Chapter 4 – Program Eligibility Determinations
A.Eligibility Factors 4-1
B.Waiting List Status 4-1
C.Family Definition 4-2
D.Income Limits 4-2
E.Citizenship/Eligible Immigration Status 4-2
F.Family Obligations and HCV Program Compliance 4-4
G.Criminal Background Check 4-6
H.Continuously Assisted 4-7
Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Chapter 5 - Verification Policy
A.Verification Hierarchy 5-1
B.Enterprise Income Verification (EIV)5-2
C.Asset Verification 5-3
D.Self-Employment Income 5-3
E.Child Care or Home-Based Business 5-4
F.Minimal or Zero Income 5-5
G.Personal Loans as Income 5-5
H.Medical Expenses 5-6
Chapter 6 – Briefings and Voucher Issuance
A.Briefing of Applicants 6-1
B.Voucher Term Limit 6-3
C.Suspension or "Tolling"6-3
D.Voucher Payment Standards 6-4
E.Maximum Family Share 6-4
Chapter 7 - Subsidy Standards and Household Composition
A.Voucher Issuance 7-1
B.Subsidy Standards for Voucher Issuance 7-1
C.Exception to Subsidy Standards 7-2
D.Occupancy Standards 7-2
E.Utility Allowance Schedule 7-3
F.Guest Policy 7-3
G.Family Absence from the Assisted Unit 7-4
H.Family Break-up 7-5
I.Joint Custody of Children 7-5
Chapter 8 - Tenancy and Housing Assistance Payments Contracts
A.Family Tenancy History 8-1
B.Request for Tenancy Approval 8-1
C.Reasonable Rent Determinations 8-1
D.Security Deposits 8-2
E.Housing Assistance Payments Contract 8-2
F.Moves 8-2
G.Owner Outreach 8-3
Chapter 9 - Housing Quality Standards (HQS) and Inspections
A.Guidelines and Types of Inspections 9-1
B.Initial HQS Inspections 9-2
C.Biennial HQS Inspections 9-3
D.Special/Complaint Inspections 9-4
E.Quality Control Inspections 9-4
F.Owner Responsibilities 9-4
G.Determination of Responsibility 9-5
H.Consequences if Family is Responsible 9-5
I.Occupancy Standards 9-6
Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Chapter 10 - Annual and Interim Reexaminations
A. Reexaminations 10-1
B.Interim Reexaminations 10-1
C.Earned Income Disregard 10-2
D.Family Moves 10-2
E.Portability 10-2
Chapter 11 - Debts Owed and Owner Disapproval
A. Owner 11-1
B.Applicant 11-1
C.Participant - Repayment Agreements 11-1
D.Owner Violations of the HAP Contract 11-2
E.Disapproval of Owner for Drug Trafficking 11-2
F.Disapproval of Owner for HQS Violation 11-2
Chapter 12 - Special Housing Types
A.Special Housing Types - Manufactured Home 12-1
B.Other Special Housing Types 12-1
Chapter 13 - Denial and Termination of Assistance
A.Applicants Determined Not Eligible 13-1
B.Termination Information for Participant 13-2
C.Illegal Drug Use (Rehabilitation)13-2
D.Drug-Related Criminal Activity 13-2
E.Violent Criminal Activity 13-2
F.Crime by Family Member 13-2
G.Serious and Repeated Violation of the Rental Agreement 13-2
H.Fraud or Other Program Violations 13-3
I.Violence against PHA Personnel 13-3
J.Violence Against Women Reauthorization Act (VAWA)13-3
Chapter 14 - Informal Review and Informal Hearing Procedures
A.Informal Review - Applicant 14-1
B.Informal Hearing - Participant 14-1
C.Informal Hearing Notice to Participant 14-2
D.Pre-Hearing Discovery 14-2
Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Chapter 1 – HCV Program Overview
A.Introduction.
The Housing Choice Voucher (HCV) program, formerly known as “Section 8”, is the federal
government’s major program for providing rental assistance for extremely low and very low-
income program participants. The Carlsbad Housing Agency, as a Public Housing Agency (PHA)
authorized by state law, administers the HCV program through an Annual Contributions Contract
(ACC) with the U.S. Department of Housing and Urban Development (HUD).
The Carlsbad Housing Agency, herein referred to as the “CHA”, provides rental assistance to qualified
program participants, as further detailed in this Administrative Plan. Administration of the HCV
program and the functions and responsibilities of CHA staff members shall comply with the City of
Carlsbad’s Personnel Policies, HUD regulations, as well as all federal, state and local fair housing laws
and regulations.
The City of Carlsbad is committed to meeting local housing needs and collaborates with the San
Diego Association of Governments (SANDAG) and within the county to encourage region-wide
application of federal and state housing programs.
B.Local Objectives.
The CHA’s mission is to promote adequate and affordable housing, based on the needs of low-
income, very low-income, and extremely low-income families within the city of Carlsbad.
The HCV 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.
In addition, the PHA has the following goals for the program:
•To assist the local economy by increasing the occupancy rate and the amount of money
flowing into the community.
•To encourage self-sufficiency of participant families.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
C.Purpose of the Administrative Plan.
The purpose of the Administrative Plan (“Plan”) is to establish local policies on matters which the
CHA has discretion. The CHA will revise this Plan if needed to comply with HUD requirements.
CHA policies are 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.
The U.S. Department of Housing and Urban Development (HUD). HUD provides the primary
source of PHA policy through federal regulations, notices and handbooks. Compliance with federal
regulations, current notices and HUD handbooks is mandatory.
HUD provides guidance to PHAs through guidebooks and notices. Expired notices and guidebooks
also provide guidance for PHA policy. Following HUD guidance is optional, as long as PHA policies
comply with federal law, regulations and mandatory policy. As HUD guidance is consistent with
mandatory policies, PHA reliance on HUD guidance provides PHAs with a “safe harbor”.
In addition, content contained on HUD’s website provides further clarification of HUD policies. For
example, FAQs on HUD’s website provides 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 present a conflict, 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 conducting business and setting policies
that are followed by most PHAs.
The PHA is responsible for complying with changes in HUD regulations pertaining to their housing
programs. If such changes conflict with this Plan, HUD regulations will have precedence. The Housing
Commission and the Community Development Commission must approve amendments to this Plan.
This Administrative Plan is a supporting document to the CHA’s Public Housing Agency Plan. This
Plan is to be utilized in conjunction with HUD regulations, notices, memorandums, handbooks and
the HCV Program Guidebook.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
D.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 of the HCV 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 tenant-based programs in which any of the
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 PHA employee, 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 of the 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 of the PHA Code of Conduct and City of Carlsbad ethical standards policies, including
those contained in the Carlsbad City code, Personnel Rules, Housing & Homeless Services
Department policy 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.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
E.Privacy Rights of Families.
The CHA’s practices and procedures are designed to safeguard the privacy of applicants and
program participants. All applicant and participant files will be stored in a secure location, which
is only accessible by authorized staff.
Staff will not discuss family information contained in files unless there is a business reason to do
so.
All adults in an applicant/participant household are required to sign HUD form 9886 Authorization
for the Release of Information/Privacy Act Notice. This document includes the Federal Privacy Act
Notice and describes the conditions under which HUD and/or the CHA will release family
information.
F.Release of Information.
The CHA’s policy regarding release of information is:
1.To release pertinent information only in accordance with a signed authorization;
2.To release information on amounts owed to any PHA;
3.To furnish prospective Owners with the following information, as shown in CHA records:
(a)the Family's current and prior address; and
(b)the name and address of the Owner at the Family's current and prior address;
4.To release information only by the authorization of the CHA management staff and written
consent of the affected party or by court subpoena.
5.Approved Public information requests.
6.Information which would lead one to determine the nature and/or severity of a person’s
disability will be kept in a separate folder and marked “confidential”, returned to the family
member after its use or disposed of by shredding. The personal information in this folder
must not be released, except on an “as needed” basis in cases where a request for
reasonable accommodation is under consideration.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
G.Administrative Fee Reserves. (24 CFR §982.155)
The Administrative Fee Reserve is the account established by the CHA from surplus administrative
fees paid by U.S. Department of Housing and Urban Development (HUD). Public Housing Agency
(PHA) administrative fees may only be used to cover costs incurred to perform PHA administrative
responsibilities for the program, in accordance with HUD regulations and requirements.
As the CHA’s Board of Commissioners, the Community Development Commission must approve
expenditures of the Administrative Fee Reserve (operating reserve) in excess of $50,000.
H.Passbook Savings Rate. (PIH Notice 2012-29F)
The Passbook Savings Rate is used to calculate imputed income for family assets over $5,000. The
Passbook Savings Rate is based on a national average provided by the Federal Deposit Insurance
Corporation (FDIC).
Per HUD regulation, the CHA establishes its own passbook rate to be used with all reexamination
types for the imputed asset calculations. To ensure the passbook rate is within the range required
by HUD, the CHA will review its rate at least annually.
To establish the Passbook Savings Rate, the CHA will use a rate within 75 basis points (plus or
minus .75 percent) of the National Deposit Rate on savings accounts in effect at the time the PHA
establishes the passbook rate. The passbook rate may not be less than 0 percent. The FDIC’s
website for National Rates is located at:
www.fdic.gov/regulations/resources/rates/
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Chapter 2 – Fair Housing and Non-Discrimination
A.Fair Housing Policy.
The CHA fully complies with all federal, state and local laws, rules and regulations governing fair
housing and equal housing opportunity. The CHA also affirmatively furthers fair housing in the
administration of its housing programs.
The CHA will provide housing assistance in compliance with fair housing laws and not deny housing
opportunity based on race, color, religion, national origin, sex (including gender, gender identity,
sexual orientation and sexual harassment), familial status, or disability (mental or physical).
Additionally, fair housing protections are also provided through:
•U.S. Department of Housing and Urban Developent’s Equal Access Rule,
•California’s Fair Employment and Housing Act (FEHA)Y
•California’s The Unruh Civil Rights Act1- in regards to sexual orientation, gender identity,
ancestry, genetic information, marital status, source of income, citizenship, primary
language, immigration status and age; and
•California’s Source of Income Discrimination Lawe
Fair Housing Documents and Information. The CHA will provide documentation and information to
applicants and participants who claim housing discrimination. The following documents will be
included in the Voucher briefing packet, included on the CHA’s website and provided upon request:
•HUD’s Fair Housing - Equal Opportunity for All BookletF
•HUD’s Fair Housing Discrimination Complaint Formf
Discrimination Complaints. ( 24 CFR §982.304, Notice PIH Notice 2014-20F)
HUD requires public housing agencies to make every reasonable attempt to determine whether
an applicant’s or participant’s housing discrimination assertions have merit and take any
warranted corrective action. In addition, the CHA will provide the applicant or participant with
information about how to file a discrimination complaint.
To further the CHA’s commitment for compliance to fair housing laws, the City of Carlsbad contracts
with the Legal Aid Society of San Diego (LASSD), a nonprofit law firm that provides free legal
services to lower income San Diego residents. The LASSD provides fair housing workshops and
tenant/landlord mediation.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
For ease of reference to the public and housing staff, the following website links are also provided:
•Title VI of the Civil Rights Act of 1964w
•Title VIII of the Civil Rights Act of 1968 (as amended by the Community Development Act
of 1974 & the Fair Housing Amendments Act of 1988)m
•Executive Order 11063—Equal Opportunity in Housing
•Section 504 of the Rehabilitation Act of 1973
•The Age Discrimination Act of 1975t
•Title II of the Americans with Disabilities Actm
•Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations
Under the Fair Housing Act)
•Violence Against Women Reauthorization Act (VAWA) of 2013: Implementation in HUD
Housing Programs
•HUD's Equal Access to Housing Final Rule
•Equal Access in Accordance with Gender Identity Final Rule (published in the Federal
Register – September 21, 2016)
When more than one fair housing law applies, the laws will be applied together, however, the law
with the greatest protections shall be controlling.
B.Reasonable Accommodations. (24 CFR §8.33; PIH Notice 2010-26 (HA))
A Reasonable Accommodation is a change, exception, or adjustment to a rule, policy, practice, or
service that may be necessary for a person with disabilities to have an equal opportunity to use
and enjoy a dwelling, including public and common use spaces, or to fulfill their program
obligations.
Any change in the way things are customarily done that enables a person with disabilities to enjoy
housing opportunities or to meet program requirements is a Reasonable Accommodation. In other
words, Reasonable Accommodations eliminate barriers that prevent persons with disabilities from
fully participating in housing opportunities, including both private housing and in federally-
assisted programs or activities.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
As rules, policies, practices and services may have a different effect on persons with disabilities
than on other persons, treating persons with disabilities exactly the same as others may
sometimes deny persons with disabilities an equal opportunity to enjoy a dwelling or participate
in housing programs.
Federal regulations stipulate that requests for accommodations will be considered reasonable if
they do not create an "undue financial and administrative burden" for the PHA, or result in a
“fundamental alteration” in the nature of the program or services offered. An undue financial
burden includes one that when considering the available agency resources as a whole, granting
the Reasonable Accommodation poses a severe financial hardship. A fundamental alteration is a
modification that alters the essential nature of a provider’s operations.
The CHA’s office is located at: 1200 Carlsbad Village Drive, Carlsbad, CA. The office is accessible to
persons with disabilities. Accessibility for the hearing-impaired is provided by the State of California
Communications Systems.
Reasonable Accommodation requests 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 to the HCV program.
CHA policies and practices will be designed to provide assurances that persons with disabilities
will be given reasonable accommodation(s), if approved, in order to provide full access and
utilization to the HCV program and related services.
The CHA will obtain information that is necessary to evaluate if a requested reasonable
accommodation is necessary due to a disability. If a person’s disability is obvious, readily apparent
or otherwise known to the provider, and if the need for the requested accommodation is also
readily apparent or known, then the CHA will not request any additional information.
If the disability and/or the disability-related need for the requested accommodation is not known
or obvious, the CHA will request only information necessary to evaluate the disability and/or
disability-related need for the accommodation. This information may be from the requesting
individual, medical professional, a peer support group, a non-medical service agency, or a reliable
third party who is in a position to know about the individual’s disability and how the request is
related to said disability.
The availability of requesting an accommodation will be made known by including notices on CHA
forms and letters. To be eligible to request a reasonable accommodation, the
applicant/participant must first certify (if apparent) or verify (if not apparent) that they are a
person with a disability.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
C.Live-In Aide. (24 CFR §982.316 and 24 CFR §5.403)
A family with one or more elderly, near-elderly or disabled persons may request approval for a
Live-In Aide to reside in their housing unit and provide necessary supportive services for a family
member who is a person with disabilities. The PHA must approve a Live-In Aide if needed as a
reasonable accommodation in accordance with 24 CFR Subpart A, Part 8 to make the program
accessible to and usable by the family member with a disability (see 24 CFR §982.402(b)(6)
concerning the effect of Live-In Aide on family unit size).
A relative may be considered a Live-In Aide, however, persons who are current household members
or who were a household member as an adult within the last two years are not eligible to be a Live-
In Aide.
A Live-In Aide is a person, other than the spouse or cohead, who resides with one or more
elderly/near-elderly persons or persons with disabilities, and who:
•is determined to be essential to the care and well-being of the person(s);
•is not obligated for support of the person(s); and
•would not be living in the assisted unit except to provide necessary supportive services.
The Live-In Aide’s family members may reside in the unit, provided the subsidy standard does not
increase due to the need for additional bedrooms, and the presence of the Live-In Aide’s family does
not overcrowd the assisted housing unit in accordance with Housing Quality Standards (HQS)
occupancy standards.
The Live-In Aide qualifies for occupancy in the housing unit only as long as the family member
needing supportive services also resides in the unit. The Live-In Aide does not qualify for continued
assistance as a remaining family member. The PHA will consider all eligibility requirements used for
applicants for Live-In Aides.
The CHA may refuse to approve 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 or violent criminal activity;
3.the person currently owes rent or other amounts to the CHA or to another PHA in connection
with any housing program under the 1937 Act; or
4.the live-in aide is not approved by the owner of the housing unit.
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D.Limited English Proficiency (LEP). (PIH Notice 2020-13)
Under Title VI of the Civil Rights Act of 1964 and in accordance with Supreme Court precedent
in Lau v. Nichols, PHAs are required to take reasonable steps to ensure meaningful access to their
programs by Limited English Proficient (LEP) persons. Language for Limited English Proficiency
(LEP) persons can be a barrier to accessing important benefits or services, understanding and
exercising important rights, complying with applicable responsibilities or understanding other
information provided by the HCV program. In certain circumstances, failure to ensure that LEP
persons can effectively participate in or benefit from federally assisted programs and activities
may violate the prohibition under Title VI against discrimination based on national origin.
At the request of an LEP person, they will be permitted to use, at their own expense, an
interpreter of their own choosing, the interpreter may be a family member or a friend who is 18
years or older.
E.Technology Platform Requirements. ( PIH Notice 2020-32f)
Advances in technology provide options for PHAs and families to participate remotely. Briefings
(Chapter 6) and hearings (Chapter 14) may be conducted telephonically, via video-
teleconferencing or through other virtual platforms, as appropriate, absent a request by a party
for an in-person briefing or hearing. When remote briefings/hearings are conducted, the CHA will
provide time and opportunity for attendees to ask questions.
1. Accessibility Requirements for Persons with Disabilities. (Section 504, the ADA, 24 CFR
35.160 and 24 CFR 8.6) PHAs are obligated to take appropriate steps to ensure effective
communication with applicants, participants, members of the public and companions with
disabilities through the use of appropriate auxiliary aids and services (AA/S)
2.Accessible Platform. For a remote hearing or remote briefing, steps for an accessible
platform include ensuring any information, websites, emails, digital notifications and
platforms are accessible for persons with vision, hearing and other disabilities. Helpful
guidelines for ensuring the accessibility of webbased and digital materials are available
through the World Wide Web Consortium’s Web Accessibility Initiative at
www.w3.org/WAI/.
3.Requirement for Persons with Limited English Proficiency (LEP). PHAs must take reasonable
steps to ensure full and meaningful access to the remote hearing or remote briefing for LEP
persons consistent with its obligations under Title VI of the Civil Rights Act of 1964.
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Chapter 3 – Waiting List Administration
The CHA receives federal funding from the U.S. Department of Housing and Urban Development.
Per HUD regulations, the CHA maintains a Housing Choice Voucher Program waiting list. This
chapter describes HUD requirements and CHA policies for managing its waiting list and applicant
selection.
A.Income Targeting – 75 Percent Selection Rule. (24 CFR §982.201(b)(2))
Per HUD regulation, not less than 75 percent of HCV program admissions shall be extremely low
income, i.e. at or below 30% of the area median income (AMI). This requirement is monitored by
fiscal year. The Income Targeting requirement includes new admissions who lease up outside of
the CHA’s jurisdiction under portability procedures when the voucher is administered. The CHA
will ensure compliance with this HUD requirement by maintaining complete program
management records.
B.Admissions – Targeted Funding and Waiting List. (24 CFR §982.203)
There are two methods for admission to the HCV program:
1.Special Admission. PHAs receive special purpose funding for specified families or categories of
families. Such funding shall be provided in accordance with federal, state or local ordinances,
rules and regulations. A specific waiting list may be necessary for each special category of
applicants. Separate notices, special program rules and information will be made available to
the public and to targeted applicants/families.
•Non-Elderly Disabled (NED) Vouchers. The CHA administers 75 NED voucher for
households in which the head or spouse is a non-elderly person with disabilities.
•Mainstream Vouchers. The CHA manages 37 Mainstream vouchers from two funding
allocations: 28 vouchers through regular funding and nine (9) Mainstream vouchers
through CARES Act funding. The vouchers are for families with a non-elderly disabled
family member.
2.Waiting List Admission. Except for special admissions, applicants shall be selected from the
CHA’s waiting list. The CHA shall select participants from the waiting list, in accordance with
the admission and equal opportunity policies described in this Plan.
•The CHA designated ten (10) Housing Choice Vouchers for persons experiencing
homelessness. If CHA is successful in obtaining grant funds for additional services, CHA can
increase the number of vouchers for homelessness up to ten (10) additional.
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C.Local Preferences and Definitions. (24 CFR §982.207)
Public Housing Agencies may establish a system of local preferences for waiting list selection.
The PHA system of local preferences must be based on local housing needs and priorities, as
determined by the PHA.
Preference Title Points
Carlsbad Residency 200
Homeless 70
Elderly/Disabled 30
Displaced by Government Action 5
Veterans Preference 2
1.Carlsbad Residency Preference. The head of household, spouse or co-head lives, works or is
hired to work within the city of Carlsbad.
The use of a residency preference will not have the purpose or effect of delaying or otherwise
denying admission to the HCV program based on the race, color, religion, ethnic origin,
gender, disability or age of any member of an applicant family
2.Elderly/Disabled Preference. The head of household, spouse or co-head is 62 years of age or
older, or a person with disabilities, as defined by HUD.
3.Homeless Preference. The head of household, spouse or co-head is a person experiencing
homelessness and has provided a written referral from a local agency that works with placing
vulnerable homeless persons in stable and permanent housing.
4.Displaced by Government Action or Natural Disaster. Applicants who reside in the city of
Carlsbad who are displaced by government action through no fault of their own or by natural
disaster.
5.Veterans Preference. The head of household, spouse or co-head is a veteran of the U.S. Armed
Forces who was discharged or released under conditions other than dishonorable), or a
surviving spouse of a deceased veteran.
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D.Verification of Local Preferences.
1.Carlsbad Residency Preference. To verify whether an applicant head of household, their spouse
or co-head lives, works or is hired to work within the city of Carlsbad the CHA will accept
documents in the applicant’s name, such as: a lease agreement, utility bills, employment
paystubs/employment letter if hired to work for employment located within the city of Carlsbad
or similarly related documents.
2.Elderly/Disabled Preference. To verify an Elderly Disabled preference, the following
documentation/verification will be accepted for the head of household, spouse or co-head:
a.Date of birth – certificate of birth or naturalization, certificate of U.S. citizenship, a
government issued state photo I.D./Driver License, or documentation from the U.S. Citizen
and Immigration Services (USCIS).
b.Documentation of person with a disability – Receipt of Supplemental Security Income
(SSI) or verification that the person meets HUD’s definition of disabled.
3.Homeless Preference. To verify a homeless preference, a written referral, dated within 60 days
of voucher issuance, from a local agency that works with placing vulnerable homeless persons
in stable and permanent housing is required.
4.Displaced by Government Action or Natural Disaster Preference. To verify a Displaced by
Government Action/Natural Disaster Preference, written documentation, dated within 60 days
of voucher issuance, from a government agency is required.
5.Veterans preference. A Veterans preference will be verified by receipt of an original DD-214
form (Certificate of Release or Discharge from Active Duty). This preference applies to: the head
of household, spouse or co-head or the surviving spouse of a deceased veteran of the U.S.
Armed Forces who was discharged or released under conditions other than dishonorable.
E.Selection from the Waiting List. (24 CFR §982.202)
The CHA uses a “pre-application” for placement on the HCV waiting list. When pre-applications are
received, a confirmation letter will be sent. The confirmation letter will advise applicants of the
responsibility to provide written notification of changes which may affect waiting list status, for
example, changes in address, income, household composition, etc.
The waiting list order is maintained by local preferences and pre-application date and time. In the
event that two or more applicants have identical preferences, the waiting list will be ordered
according to pre-application date.
Applicants will be selected from the waiting list in accordance with the CHA’s local preferences and
date and time of pre-application. When applicants reach the top of the waiting list and funding
becomes available, a full application will be required in order to determine if the applicant appears
to be eligible for the HCV program.
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An eligibility determination will be made based on the information provided on the HCV Application,
the supporting documents submitted and independent verification by the CHA. The applicant must
be eligible for claimed preferences, along with HCV program eligibility factors as of the date their
application was selected from the waiting list and must remain eligible throughout the Intake
process.
Applicants determined ineligible for a local preference will be returned to the waiting list.
If the applicant appears to be eligible, an Intake appointment will be scheduled on line or in person.
Applicants who are determined eligible for the HCV program will be invited to attend a Voucher
briefing as describe in Chapter 6 of this Plan.
F.Waiting List Removal. (24 CFR §982.54(d)(1)4 and CFR §982.5.)
A proposed denial notice will be sent for circumstances that may result in waiting list removal. The
notice will provide 15 calendar days for the applicant to dispute the accuracy and/or relevance of
the information used for the CHA’s determination. If the applicant does not contact the CHA to
dispute the information within 15 calendar day period, the CHA will issue a Notice of Denial.
A Notice of Denial will be mailed to the applicant’s mailing address on record. The Notice of Denial
will state the reason(s) for denial and provide an opportunity for the applicant to request an
Informal Review (Chapter 14).
Some reasons for waiting list removal include:
1.Ineligible for the HCV program (see Chapter 4);
2.No response to the CHA’s request for information;
3.Applicant household does not meet HUD’s Family Obligations;
4.The applicant refuses an offer of assistance under the HCV program;
5.The CHA has information substantiating fraud on the part of the applicant;
6.Applicant request to be removed from the waiting list.
Applicants determined ineligible for the HCV program will be processed for removal from the
waiting list and informed of their right to request an Informal Review. If the applicant has moved
and there is no forwarding address or if the applicant is reported as deceased, a second letter will
not be mailed.
Reinstatement Requests Due to Non-Response. Applicants removed from the waiting list for not
responding to CHA correspondence may request a review for reinstatement to the waiting list.
Applicants requesting reinstatement must give an explanation for their request. Reinstatement
requests will be reviewed by the Housing Program Manager. Applicants made inactive will be given
the ‘benefit of the doubt’ if there is a possibility that they were removed from the waiting list through
no fault of their own. Examples of reasons that may be considered are:
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•The applicant reports a change of address was submitted to the CHA;
•The applicant reports their address did not change, but they did not receive the CHA’s
correspondence; or
•The applicant requests reinstatement as a reasonable accommodation; or
•The applicant requests reinstatement for other circumstance(s), such as medical, family
emergency, etc.
Applicants approved for reinstatement will receive their original date of application. Except for an
extreme circumstance, applicants may only request reinstatement one time.
G.Opening and Closing the Waiting List. (24 CFR §982.206)
The CHA will announce the opening of its waiting list through public notice at least thirty (30)
calendar days prior to the date applications will first be accepted. The notice will contain relevant
information on how and when to apply. The CHA will give public notice by publication in a local
newspaper of general circulation, by minority media and other suitable means. The CHA will also
ensure the notice complies with HUD fair housing requirements.
Closing the Waiting List. HUD permits a PHA to close its waiting list if there is an adequate pool of
applicants to use its available HCV assistance. Alternatively, PHAs may elect to continue to accept
applications only from certain categories of applicants that meet particular preferences or funding
criteria.
Applicant Outreach. If applicant groups are not reflective of the eligible population, additional
outreach aimed at targeted groups will be increased. In addition, the CHA will distribute fact sheets
to the broadcasting media and initiate personal contact with members of the news media and
community service agencies to utilize public service announcements.
H.Collaboration between Public Housing Agencies.
The Carlsbad Housng Agency adopted a collaborative policy, with the local San Diego county PHAs.
This policy allows applicants to transfer their waiting list application from one PHA’s jurisdiction to
another agency’s jurisdiction, maintaining their date of application if the applicant lives or works
within the PHA’s jurisdiction. Upon applicant request, the PHA will forward a waiting list application
in the event that the applicant lives or works in another PHA’s jurisdiction. Conversely, the CHA will
accept a waiting list application from another local San Diego county PHA if the applicant lives or
works in Carlsbad’s jurisdiction. Upon acceptance, the CHA will integrate the application into its’
current waiting list, with the original date and time of the transferred application. However, if the
application is denied for any reason or the applicant fails to use a voucher issued by the CHA for any
reason, the same application will not be accepted again on the CHA’s waiting list.
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I.Updates to the Waiting List.
Periodically, the CHA will conduct a mass mailing/purge of the HCV waiting list. A notification will be
mailed requesting updated information and confirmation of the applicant’s interest to remain on
the waiting list. Applicants who do not respond to waiting list notifications will be processed for
removal from the waiting list, in accordance with section F of this chapter.
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Chapter 4 – Program Eligibility
An applicant household is eligible for admission if, at the time of the eligibility determination, all
of the following criteria is met:
A.Eligibility Factors.
Eligibility Factors (see sections B. through G. for specific criteria)
Waiting List Status.
CHA staff will verify local preference(s) and eligibility for assistance under HUD’s 75% Selection
Rule.
Family Definition.
Applicants must meet the CHA’s definition of a “family” and college students require an
additional income review. (24 CFR §5.403)
Income Limits.
Annual income must be at or below HUD’s established income limits for the family size and
program requirements.
Citizenship, Eligible and Ineligible Immigration Status.
Applicants must qualify on the basis of citizenship/eligible immigration status. (24 CFR, Subpart
E)
Family Obligations and Program Compliance.
All family members must comply with the CHA’s Family Obligations and consent to the CHA’s use
of information.
Criminal Background Check.
All adult members must pass the CHA’s criminal background check.
B.Waiting List Status.
HUD’s 75% Selection Rule. The CHA will ensure that at least 75% of admissions to its HCV program
are at or below 30% of the area median income.
Local Preference Verification. The CHA will also document and verify all claimed preferences to
ensure proper waiting list selection. The qualification for preference(s) must exist at the time of
verification and throughout the intake process, to include through the program admission date.
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C.Family Definition. (24 CFR §5.403)
Please note: HUD (and the CHA) uses the term “family” throughout this Plan to identify HCV
program participant(s).
A Family includes, but is not limited to, the following, regardless of actual or perceived sexual
orientation, gender identity, or marital status:
1.a single person, who may be an elderly person, displaced person, disabled person, near-
elderly person, or any other single person; or
2.a group of persons residing together, and such group includes, but is not limited to:
(i)a family with or without children (a child who is temporarily away from the home
because of placement in foster care is considered a member of the family);
(ii) an elderly family;
(iii) a near-elderly family;
(iv)a disabled family;
(v)a displaced family; and
(vi)the remaining member of a tenant 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 voucher issuance.
D.Income Limits.
An applicant’s annual income must not exceed HUD’s established income limits for the household
size. To determine if the applicant is income-eligible, the CHA compares the applicant’s annual
income to the applicable income limit for the household size. Applicants with an annual income
that exceeds the income limit will be denied admission and offered an Informal Review (see
Chapter 14).
College Student Admissions. (PIH Notice 2005-16s)
In addition, if the applicant attends an institution of higher education, is under the age of 24, is
not a veteran, is not married, and does not have a dependent child, the student’s eligibility must
be examined along with the income eligibility of the student’s parents;
E.Section 214 Non-Citizen Rule. (24 CFR Subtitle A, Subpart E)
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 HCV program.
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In order to receive assistance, a family member must be a U.S. citizen or have eligible immigration
status. If one or more family members is determined to be an ineligible non-citizen and the applicant
household is eligible for the HCV program, the housing assistance will be pro-rated. The CHA will
follow Section 214 of the HCD Act of 1980, as implemented by the final rule, Restrictions on Assistance
to Non-citizens, published in the Federal Register, FR 14816 et seq.
Persons claiming eligible immigration status must present appropriate immigration documents,
which will be verified by the CHA through the United States Citizenship and Immigration Services
Department (USCIS).
If one or more family members does not have citizenship or eligible immigration status, the family
member(s) may exercise the election not to contend to have eligible immigration status.
The status of each member of the family is considered individually before the family’s status is
defined.
Mixed Families. A family is eligible for assistance as long as at least one member is a citizen or has
eligible immigration status. Families that include eligible and ineligible individuals are called “mixed”.
Such applicant families will be given notice that their assistance will be pro-rated and that they may
request a hearing if they contest this determination.
All Members Ineligible. Applicant families that include no eligible members are ineligible for
assistance. Such families will be denied admission and offered an opportunity for an Informal Review.
Non-Citizen Students. Defined by HUD in the non-citizen regulations are not eligible for assistance.
Appeals. HUD’s appeal defined appeal process will be followed by the CHA (subtitle refereneced
above).
Restrictions on delay, denial, reduction or termination of assistance. Assistance to a tenant
cannot be delayed, denied, reduced or terminated until the completion of the informal hearing
described in 24 CFR §5.514(f).
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F.Family Obligations and Program Compliance. (24 CFR §982.551)
All adult family members must not have violated any family obligation within the three (3) years
prior to final eligibility determination.
Supplying required information -
1.The family must supply any information that the PHA or HUD determines is necessary in the
administration of the program, including submission of required evidence of citizenship or
eligible immigration status. “Information” includes any requested certification, release or
other documentation.
•Adult family members are also required to sign authorization forms not covered by the
HUD form 9886, for example, a criminal history report.
2.The family must supply any information requested by the PHA or HUD for use in a regularly
scheduled reexamination or interim reexamination of family income and composition in
accordance with HUD requirements.
3.The family must disclose and verify social security numbers (as provided by part 5, subpart B,
of this title) and must sign and submit consent forms for obtaining information in accordance
with part 5, subpart B, of this title.
4.Any information supplied by the family must be true and complete.
5.Housing Quality Standards (HQS) breach caused by family. The family is responsible for a
family-caused HQS as described in §982.404(b).
6.Allowing PHA inspection. The family must allow the PHA to inspect the unit at reasonable
times and after reasonable notice.
7.Violation of lease. The family may not commit any serious or repeated violation of the lease.
Under 24 CFR 5.2005(c), incident(s) of actual or threatened domestic violence, dating violence,
sexual assault or stalking will not be construed as a serious or repeated lease violation by the
victim or threatened victim, of the domestic violence, dating violence, sexual assault, or
stalking, or as good cause to terminate the tenancy, occupancy rights or assistance of the
victim.
8.Family notice of move or lease termination. The family must notify the PHA and the owner
before the family moves out of the unit, or terminates the lease on notice to the owner. See §
982.354(d).
9.Owner eviction notice. The family must promptly give the PHA a copy of any owner eviction
notice.
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10.Use and occupancy of unit -
a.The family must use the assisted unit for residence by the family. The unit must be the
family's only residence.
b.The composition of the assisted family residing in the unit must be approved by the PHA.
The family must promptly inform the PHA of the birth, adoption or court-awarded custody
of a child. The family must request PHA approval to add any other family member as an
occupant of the unit. No other person [i.e., nobody but members of the assisted family]
may reside in the unit (except for a foster child or live-in aide as provided in paragraph
(h)(4) of this section).
c.The family must promptly notify the PHA if any family member no longer resides in the
unit.
d.If the PHA has given approval, a foster child or a live-in-aide may reside in the unit.
The PHA has the discretion to adopt reasonable policies concerning residence by a
foster child or a live-in-aide, and defining when PHA consent may be given or denied.
e.Members of the household may engage in legal profitmaking activities in the unit,
but only if such activities are incidental to primary use of the unit for residence by
members of the family.
f.The family must not sublease or let the unit.
g.The family must not assign the lease or transfer the unit.
11.Absence from unit. The family must supply any information or certification requested by
the PHA to verify that the family is living in the unit, or relating to family absence from the
unit, including any PHA-requested information or certification on the purposes of family
absences. The family must cooperate with the PHA for this purpose. The family must
promptly notify the PHA of absence from the unit.
12.Interest in unit. The family must not own or have any interest in the unit.
13.Fraud and other program violation. The members of the family must not commit fraud,
bribery or any other corrupt or criminal act in connection with the programs.
14.Crime by household members. Household members may not engage in drug-
related/violent criminal activity or other criminal activity that threatens the health, safety,
or right to peaceful enjoyment of other residents and persons residing in the immediate
vicinity of the premises (24 CFR §982.553 ). Under 24 CFR 5.2005(b)(2), criminal activity
directly related to domestic violence, dating violence, sexual assault, or stalking, engaged
in by a member of a tenant's household, or any guest or other person under the tenant's
control, shall not be cause for termination of tenancy, occupancy rights or assistance of
the victim, if the tenant or an affiliated individual of the tenant, as defined in 24 CFR
5.2003, is the victim.
15.Alcohol abuse by household members. (24 CFR §982.553 )
The members of the household must not abuse alcohol in a way that threatens the health,
safety or right to peaceful enjoyment of other residents and persons residing in the
immediate vicinity of the premises.
16.Other housing assistance. An assisted family, or members of the family, may not receive
Section 8 tenant-based assistance while receiving another housing subsidy, for the same
unit or for a different unit, under any duplicative (as determined by HUD or in accordance
with HUD requirements) federal, State or local housing assistance program.
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G.Criminal Background Checks. (Title 24, Part 982, Subpart J)
The CHA will conduct criminal background checks for all members of the household 18 years of
age or older. The CHA will give the applicant family an opportunity to dispute the accuracy and
relevance of their criminal background record. (24 CFR §982.553(d) and PIH Notice 2105-19)
If the CHA uses criminal record or sex offender registration information as the basis of a denial, a
copy of the record will precede the notice to deny, with an opportunity for the applicant to dispute
the accuracy and/or relevance of the information. In addition, the CHA will provide a copy of the
record to the subject of the record. (24 CFR §5.903(f) and §5.905)
Background check consents expire immediately following the CHA’s decision to approve or deny
admission and documentation used for the decision will be destroyed in a timely manner following
the expiration period of the statute of limitations for civil action. (24 CFR §5.903?and PIH Notice
2003-11f)
Applicants Claiming Mitigating Circumstances. If negative information is received about an
applicant, the CHA shall consider the time, nature and extent of the applicant’s conduct and
factors that might indicate a reasonable probability of future favorable conduct. To be considered,
mitigating the circumstances must be verifiable. An applicant may present mitigating evidence to
overcome a criminal records-based denial. Mitigating circumstances are facts relating to criminal
history, that, when verified, indicate (1) the reasons for the unsuitable criminal history or behavior;
and (2) that the reason for the unsuitable criminal history or behavior is no longer in effect or is
under control, justifying admission. Mitigating circumstances may overcome or outweigh
information already gathered in the screening process.
If the applicant asserts that the mitigating circumstances relate to a disability, medical condition
or treatment, the CHA shall evaluate the evidence and verify the mitigating circumstance. The CHA
shall also have the right to request further information necessary to verify the mitigating
circumstance. Such inquiries will be limited to the information necessary to verify the
circumstances or, in the case of a person with disabilities, to verify a reasonable accommodation.
In the decision to deny assistance, the CHA may consider the seriousness of the case, and the
effect of denial of assistance on other family members who were not involved in the action or
failure to act. If the family is admitted to the HCV program, the CHA may impose a requirement
that family member(s) who participated in or were culpable for the action or failure to act will not
reside in the assisted housing unit.
Examples of mitigating circumstances may include:
1.Evidence of successful rehabilitation. The household member who engaged in drug-related
criminal activity or alcohol abuse has successfully completed a supervised drug or alcohol
program verified by the CHA.
2.Evidence of the family’s participation in social service or an appropriate counseling service;
or
3.Evidence of successful and sustained modification of previously disqualifying behavior.
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Consideration of mitigating circumstances does not guarantee that the family will qualify for
admission. The PHA will consider such circumstances in light of:
1.The ability to provide documentation/evidence to verify the mitigating circumstances and
prospects for improved future behavior;
2.The overall performance with respect to all screening requirements; and
3.The nature and seriousness of the criminal activity, especially drug related and criminal
activity that appears in the applicant’s record.
H.Continuously 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.
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Chapter 5 – Verification Policy
Applicants and program participants must provide true and complete information to the CHA at all
times. The CHA will obtain written authorization from the family before requesting information
from independent sources. In addition to HUD regulations, Administrative Guidance located at
Public and Indian Housing Notice 2010-19 (HA) will be followed for the CHA’s verification
procedures.
A.Verification Hierarchy.
The CHA will use the steps listed for verification levels. The Family’s file will be documented when
the next step/level of verification is used.
Steps Verification Technique Ranking
1 Upfront Income Verification (UIV) -
HUD’s Enterprise Income Verification
(EIV) system
Highest (Mandatory)
2 Upfront Income Verification (UIV)
using non-HUD system
Highest (Optional) when EIV information not
available (e.g. the Work Number)
3 Written Third Party Documentation High (Mandatory)
-to supplement EIV-reported income sources; or
-when EIV has no data; or
-for non-EIV reported income sources; or
-when family disputes the EIV report
and is unable to provide acceptable
documentation to support the dispute
4 Written Third Party Verification to
Income Source
Medium-Low (Mandatory if Level 3 not available
or rejected by the PHA)
5 Oral Third Party Verification Low (Mandatory if written third party verification
is not available)
6 Family Declaration Low (Use as a last resort when unable to obtain
any type of third party verification)
Acceptable family-provided documentation: Must be generated by a third party source and
dated within the last 60 days of the interview date. Examples of acceptable family-provided
documentation include, but are not limited to: pay stubs (two current and consecutive), payroll
summary reports, employer notices of hire/termination, SSA benefit letters, bank statements,
child support payment stubs, welfare benefit letters, and unemployment monetary benefit
notices.
For applicants, verifications may not be more than 60 days old at the time of Voucher issuance.
For participants, verifications may not be more than 60 days old from the date of receipt.
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B.Enterprise Income Verification (EIV). (PIH Notice 2018-18)
HUD regulations state that Enterprise Income Verification (EIV) is the preferred method of
verification whenever possible. HUD has made available the EIV System and requires 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.
Users authorized by the Program Manager, who have completed the necessary HUD paperwork
for EIV access, shall only utilize EIV. 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 verification cannot be obtained).
NOTE: substantially is defined as income that exceeds $3,600 or more annually than what the
participant reported or documented by third-party documentation.
1.In the case where staff has relied solely on EIV data to document the discrepancy in income,
staff will submit a third-party verification form to the income source.
2.Staff will review historical data for prior patterns of employment, benefit payments, and/or
other income sources.
3.Staff will discuss the discrepancy with the participant and the participant will be given the
opportunity to resolve the discrepancy. Such discussion may be either verbally or in writing.
a.Although the participant will be given the opportunity to resolve the discrepancy, the
final decision will be based on either third-party verification or EIV data, whichever is
most accurate; unless the participant can provide documentation that the data is
incorrect.
b.If the participant is able to produce sufficient documentation of incorrect third-party
verification and/or EIV data, staff shall contact the proper personnel in charge of this
data for resolution.
Staff will determine the cause of the income discrepancy. If the discrepancy is determined to be
caused by the participant, staff will determine if the family committed willful and intentional fraud
by failing to accurately report their household income. The CHA 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 CHA may take action to collect the overpaid housing assistance.
In determining whether the family violated the family obligation, the CHA will determine whether
the family supplied the information willingly at the last annual reexamination, interim reexam, or
move appointment.
If it is determined that the family failed to report income due an unintentional error or omission
by the family, staff will calculate the amount of the overpayment and offer the family a Repayment
Agreement. The overpayment shall be calculated back to the effective date of the increase in
income. If the family declines to sign a Repayment Agreement, the assistance of the family may
be terminated for violation of their family obligations.
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EIV Reports. In coordination with HUD’s EIV Verification Hierarchy, the CHA will use the EIV
system to assist with HCV program management, as referenced in PIH Notice 2010-50: Effective
Use of the EIV System's Deceased Tenants Report to Reduce Subsidy Payment & Administrative
Errors.
C.Verification of Assets. (PIH Notice 2016-05)
CHA staff will verify assets by third-party verification at least every three years and use self-
certification for years two and three. Third-party verification may still be requested for consistency
purposed and when needed for clarification. The CHA will follow HUD’s Verification Hierarchy and
will accept, for example, the following documents as verification of assets:
•Checking account: two full months’ bank statements
•Savings account: one full months’ bank statement
•Life Insurance policy with cash value: a letter or statement from the insurance company
that provides current cash value information.
•Other Assets: company statements or letters.
D.Self-Employment Income.
Net income from a business or profession must be included in annual income. In order to verify
the net income from self-employment/business ownership, the PHA will view the IRS federal tax
return, and financial documents from prior years, and use this information to anticipate income
for the next 12 months.
The family must provide a copy of their prior year’s federal income tax return if one was filed. The
following are acceptable methods of verification:
•IRS Form 1040, including the following if applicable:
o Schedule C (Small Business), Schedule E (Rental Property Income), Schedule F (Farm
Income)
•Financial statement(s), either audited or not audited, of the business.
o If accelerated depreciation was used on the tax return or financial statement, an
accountant’s calculation of depreciation expense, computed using straight-line
depreciation rules.
•Credit report or loan application.
•Business Ledgers.
•Family’s self-certification as to net income realized from the business during previous
years.
•In cases of large gross income yet minimal net income to applicant or participant,
additional documentation may be required, for example, documentation of wages and
payroll taxes, receipts for expenses, etc.
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•Documents such as manifests, daily logs, appointment books, cashbooks, bank
statements and receipts will be used as a guide for the prior six months (or lesser period
if not in business for six months) to annual income. The family will be advised to maintain
these documents in the future if they are not available.
•If a family member’s self-employment is for less than three months, the CHA will accept
certified estimates of income and perform an interim reexamination in three months. If
the family member’s self-employment is from three to twelve months, the CHA will
require the family to provide documentation of income and expenses for this period and
use that information to project expenses.
Expenses of rent and utilities will not be allowed for businesses based in the subsidized unit. In
addition, the following are nondeductible business expenses:
•Principal payments on loans.
•Interest on loans for business expansion or capital improvements. Business expansion is
defined as any capital expenditures made to add new business activities, to expand
current facilities, or to operate the business in additional locations.
•Other expenses for business expansion.
•Outlays for capital improvements
If the net income from a business is negative, no business income will be included in annual
income; a negative amount will not be used to offset other family income. However, any income
the family reports that it is paying itself for salary will be counted as income.
If the business is co-owned with someone outside the family, the family must provide
documentation demonstrating its share of the business as a percentage of the business
partnership agreement.
It is the family’s responsibility to provide documentation of income and expenses in good order
with everything organized, recorded, and totaled. The CHA will reject documentation that has
not been organized and totaled, e.g. an unorganized bundle of receipts.
E.Child Care Business or Home-Based Business.
If an applicant/participant is operating a licensed day care business or home-based business,
income will be verified as for any other type of business.
If the applicant is operating a “cash and carry” child care operation, which may or may not be
licensed, the PHA may require that the applicant/participant complete a form for each customer.
The form must indicate the name of the person(s) whose child(ren) is/are being cared for, phone
number, number of hours the child is being cared for, method of payment (cash/check), amount
paid, and signature of the person who receives the services.
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The family must indicate if it is receiving a food allowance or other compensation to offset
business expenses. Third-party verification will be requested if another public entity, such as the
San Diego County Health and Human Services Agency, is providing compensation to the childcare
provider.
The family must provide a copy of its federal tax return, if it was filed. If none of the above
documents are available, the family may provide a notarized self-certification signed under
penalty of perjury, as to gross income received the previous year, as well as anticipated gross
income for the next year.
F.Minimal or Zero Income.
There is no minimum income requirement. However, families who report zero or minimal income
are required to complete a periodic written certification (at least annually) and provide copies of
expense receipts for the 30-day period. The CHA will conduct an interim reexamination for
income changes.
The family may be required to provide income documentation, such as unemployment benefits
TANF, CalWORKs, SSI, child support, etc. are not being received. The PHA may request information
from the State Employment Development Department. The CHA requires signed
authorization/consent from the family to run a credit report on the family as necessary.
The CHA may require a family’s notarized self-certification, signed under penalty of perjury,
stating that the family/household has no income, and explain how the family expects to meet
their basic needs.
G.Personal Loans as Income.
Personal loans are considered income unless it is a ‘traditional’ loan from a bank or a lending
institute. For households that are receiving personal loans from family, friends, churches or other
non-traditional sources, the amount received will be considered for determination of the
household’s monthly rent portion.
If a household is receiving a ‘non-traditional’ loan that is expected to be paid back upon the receipt
of delayed benefits such as SSI, an insurance settlement, Workmen’s Compensation, etc., that
amount will still be included as monthly income.
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G.Medical Expenses.
When it is unclear in the HUD rules as to allow an item as a medical expense, IRS publication 502 will
be used as guidance. In addition, letters by medical professionals may be requested and taken into
consideration when determining whether or not to allow an expense.
The CHA will allow as a medical expense the actual out-of-pocket amounts, which anticipated to be
paid by the family during the reexam period. Expenses from the previous year may be analyzed to
determine the projected amount when other verification is not available.
It is the family’s responsibility to submit medical expenses for consideration. Expenses will only be
accepted during the intake, reexamination, and move process. Exceptions may be made for major
medical expenses that were not anticipated and may cause a hardship to the household if they are
not factored in for an interim reexam. All medical expenses must be submitted in an orderly and
organized manner. Bundled or disorganized receipts will not be accepted.
Amounts paid by other sources such, as trusts, other family members, friends, etc. will not be taken
into consideration as a medical expense. Amounts that exceed the household’s income amount will
not be taken into condideration.
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Chapter 6 – Voucher Briefings and Issuance
A.HCV Program Briefing
After an applicant is determined eligible for the HCV program, the applicant will be scheduled for an
program briefing. Based on applicant-need, individual, on-line or at-home briefing sessions will be
conducted. Separate briefings will be scheduled for non-English speaking applicants when
necessary.
The CHA allows for the use of mail, electronic mail, telephone and video call, as appropriate for
housing program briefings and hearings. The CHA will ensure that electronic information stored
or transmitted is secure per PIH Notice 2015-06, meets the requirements for accessibility for
persons with disabilities and persons with LEP, considers technology barriers and explains how
documents will be presented prior to a remote briefing. In addition, a CHA staff member will reach
out directly to briefing attendees by phone after the briefing.
Program Briefing.
1.When the PHA selects a family to participate in a tenant-based program, the PHA must give
the family an oral briefing. The briefing must include information on the following subjects:
a.A description of how the program works;
b.Family and owner responsibilities; and
c.Where the family may lease a unit, including renting a dwelling unit inside or outside
the PHA jurisdiction, and any information on selecting a unit that HUD provides.
2.An explanation of how portability works. The PHA may not discourage the family from
choosing to live anywhere in the PHA jurisdiction or outside the PHA jurisdiction under
portability procedures, unless otherwise expressly authorized by statute, regulation, PIH
Notice, or court order. The family must be informed of how portability may affect the
family's assistance through screening, Subsidy Standards, Payment Standards, and any
other elements of the portability process which may affect the family's assistance.
3.The briefing must also explain the advantages of areas that do not have a high
concentration of low-income families.
4.In briefing a family that includes any disabled person, the PHA must take appropriate steps
to ensure effective communication in accordance with 24 CFR 8.6.
5.In briefing a welfare-to-work family, the PHA must include specification of any local
obligations of a welfare-to-work family and an explanation that failure to meet these
obligations is grounds for PHA denial of admission or termination of assistance.
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Information packet. When a family is selected to participate in the program, the Public Housing
Agency (PHA) must give the family a packet that includes information on the following subjects:
1.The term of the voucher, voucher suspensions, and PHA policy on any extensions of the
term. If the PHA allows extensions, the packet must explain how the family can request an
extension;
2.How the PHA determines the amount of the housing assistance payment for a family,
including:
(i)How the PHA determines the Payment Standard for a family; and
(ii)How the PHA determines the total tenant payment for a family.
3.How the PHA determines the maximum rent for an assisted unit;
4.Where the family may lease a unit and an explanation of how portability works, including
information on how portability may affect the family's assistance through screening,
Subsidy Standards, Payment Standards, and any other elements of the portability process
which may affect the family's assistance.
5.The HUD-required “tenancy addendum” that must be included in the lease;
6.The form that the family uses to request PHA approval of the assisted tenancy, and an
explanation of how to request such approval;
7.A statement of the PHA policy on providing information about a family to prospective
owners;
8.PHA Subsidy Standards, including when the PHA will consider granting exceptions to the
standards;
9.Materials (e.g. brochures) on how to select a unit and any additional information on
selecting a unit that HUD provides.
10.Information on federal, State and local equal opportunity laws, and a copy of the housing
discrimination complaint form;
11.A list of landlords known to the PHA who may be willing to lease a unit to the family or
other resources (e.g., newspapers, organizations, online search tools) known to the PHA
that may assist the family in locating a unit. PHAs must ensure that the list of landlords or
other resources covers areas outside of poverty or minority concentration.
12.Notice that if the family includes a disabled person, the family may request a current listing
of accessible units known to the PHA that may be available;
13.Family obligations under the program;
14.Family obligations under the program, including any obligations of a welfare-to-work
family.
15.The advantages of areas that do not have a high concentration of low-income families.
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B.Voucher Term Limit.
The CHA will issue vouchers for an initial term of 120 days. For an applicant, the issuance date is the
HCV program briefing date. For a participant who is moving, the issuance date will is the earlier of
the move-out date from the assisted unit or the date the participant is eligible for a new Housing
Assistance Payment contract
Voucher Extensions. Upon written request by the family, a one-time 60-day extension will be
granted to eligible voucher holders. Additional extension(s) may be granted for extenuating
circumstances, to include requests for reasonable accommodate for a person with disabilities.
Extenuating circumstances is defined as: the voucher holder, through no fault of their own, was not
able to search for housing, hospitalization, serious illness, family emergency, or, if porting to another
jurisdiction to allow time for the portability process. In addition, extensions may be granted if the
vacancy rate is low or if there are rental market conditions that impact the family’s ability to locate
affordable housing.
Extension requests must be submitted on or before the voucher expiration date. The family must
complete a request form provided by the CHA. Additional documentation may be required to
complete the CHA’s extension review.
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”.
When a Request for Tenancy Approval is submitted, the term of the voucher is suspended.
Suspension (tolling) means stopping the clock on the voucher term. The suspension of the term
starts the day the Requeest for Tenancy Approval is received in the office up to the date when the
CHA approves or denies a Requeest for Tenancy Approval. If the CHA is unable to approve the unit
within 60 days from the date of the suspension, the family must look for another unit. On the 61st
day or if the Requeest for Tenancy Approval is otherwise cancelled, the clock will begin and the
remaining days will be added to the voucher term.
If the CHA denies a Request for Tenancy Approval, the voucher term will resume, effective the date
of the denial. The CHA will update the voucher with the new expiration date and document the
reason.
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D.Voucher Payment Standards. (24 CFR §982.505(d)(3))
The CHA will review the voucher Payment Standard, as needed to ensure effective utilization of
vouchers. The CHA 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 program participants’ rent burden, i.e. the number of
families paying higher than 30% of their family share towards housing costs.
The family may select a different size dwelling unit than that listed on the Voucher. The Payment
Standard shall be the lower of:
The Payment Standard for the Voucher size; or
The Payment Standard for the unit size selected by the family.
E.Maximum Family Share. (24 CFR §982.508)
When a family selects a unit with a gross rent that exceeds the Payment Standard, the CHA will
determine whether the family’s share of housing costs would exceed 40 percent of the family’s
monthly adjusted income. The maximum family share, also known as the “maximum initial rent
burden” applies to new admissions and families that are moving when the gross rent exceeds the
applicable Payment Standard.
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Chapter 7 – Subsidy Standards and Household Composition
A.Voucher Size.
HUD guidelines require that the CHA establish standards for the determination of voucher size
and that such standards provide for a minimum commitment of subsidy while avoiding
overcrowding. All Subsidy Standards in this section relate to the number of bedrooms on the
Voucher, not the family’s housing unit size.
B.Subsidy Standards for Voucher Issuance.
Subsidy Standards are established by a PHA to determine the appropriate number of bedrooms n
the Voucher. The family unit size is entered on the Voucher when it is issued.
The Subsidy Standards must be applied consistently for all families of like size and composition.
24 CFR §982.402
The Subsidy Standard is based on the family’s composition and will be reviewed each time there
is a change in household composition.
The CHA will determine Voucher size, based on the following standards:
1.One bedroom will be issued to the Head of Household and spouse, co-head or significant other,
if applicable; and
2.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 and maximum number of bedrooms allocated. Subsidy Standards
do not dictate sleeping arrangements for the family.
Voucher Bedroom
Size
Minimum No. in
Household
Maximum No. in
Household
0 – Bedroom 1 1
1 – Bedroom 1 2
2 – Bedroom 2 4
3 – Bedroom 4 6
4 – Bedroom 6 8
5 – Bedroom 8 10
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Carlsbad Housing Agency – Administrative Plan Proposed effective date: 12/01/2022
Other factors that affect the Subsidy Standard determination:
Foster children will be included in determining unit size if they will be in the unit for more
than six months or other allowable circumstance.
Space may be provided for a child who is away at school but who lives with the family
during the school recess. This is applicable to adult students under age 26 years old.
Unborn child(ren) will be included in determining the subsidy standard, per HUD
regulations.
Single person families will be allocated one bedroom.
Space will not be provided for a family member who will be absent most of the time, other
than a spouse, such as a member who is away in the military.
Children who are subject to a joint custody agreement and live with a Family at least 50%
of the time will be considered members of the household. The child may only be counted
in one assisted family’s household.
Live-in aides will be allocated one additional bedroom. No additional bedrooms are
provided for a Live-in aide’s family.
C.Exception to the Subsidy Standards. (PIH Notice 2013-18)n)
The CHA may grant an exception to its established Subsidy Standards for determinations justified
by the age, sex, health, handicap, or relationship of family members or other personal
circumstances. For a single person other than a disabled or elderly person or remaining family
member, such PHA exception may not override the CHA’s Subsidy Standards in section B of this
chapter. (CFR 982.402 (8))
Requests for exceptions to the Subsidy Standards will follow the CHA’s Reasonable
Accommodation procedures. In addition, the CHA will use the exception Payment Standard
calculation, as described in PIH Notice 2013-18.
Under-Housed Families. If a unit does not meet Housing Quality Standards (HQS) occupancy
standards due to an increase in family size, The CHA will issue a new voucher of the appropriate size
and assist the family in locating a suitable unit. This action will coincide with the family’s Lease end
date and/or annual reexamination date, whichever is first.
D.Occupancy Standards.
The occupancy standards apply to the physical housing unit and allow two persons per
living/sleeping room and permit maximum occupancy levels as shown in Chapter 13.
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E.Utility Allowance Schedule.
The CHA will maintain a utility allowance schedule that provides allowances for tenant-paid
utilities and other services, in accordance with 24 CFR 982.517.
1.Use of the Utility Allowance Schedule.
Per HUD Docket No. FR-5778-N-01, the utility allowance for a family shall be the lower of:
a.the utility allowance amount for the family’s Voucher size; or
b.the utility allowance amount for the requested housing unit.
2.Revisions to the Utility Allowance Schedule.
The CHA will review its schedule of utility allowances each year, and will revise its allowance for a
utility category for changes of 10 percent or more in the utility rate since the last time the utility
allowance schedule was revised.
a. The CHA will retain all information used in its annual review of utility allowances,
whether or not revisions are made.
b.At HUD's direction, the CHA will revise the utility allowance schedule to correct any
errors, or as necessary to update the schedule.
F.Guest Policy.
The PHA recognizes that participants may have visitors at their assisted unit. The participant must
notify the PHA of visitors staying at the assisted unit for more than 21 days. Extended stays by visitors
may be considered a family composition change which must be reported to the PHA, in writing, 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 of the terms of the
lease or rental agreement, including those that govern guests and visitors.
The following circumstances, separately or in combination, may be considered a family composition
change:
1.The visitor sleeps, as a pattern and practice, at the premises on a daily basis or for a majority
of days during the week.
2.The visitor is working in the area but has no other place of permanent residence.
3.The visitor receives mail at the assisted residence.
Failure by the participant to inform the PHA of the above circumstances may be grounds for
termination from the HCV program.
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G.Family Absence from the Assisted Unit.
The PHA may allow extended family absences from the assisted unit; however, the absence may not
exceed 90 consecutive days, unless approved as a “reasonable accommodation” for a person with
disabilities. The definition of "absence" is that no member of the 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 of the nature of the absence. Absences will not be approved
for incarceration due to drug-related or violent criminal activity.
In addition, if any adult member in the household is absent from the unit for 90 consecutive days
the member will no longer be considered a household member. If the removal of the adult
household member results in a reduction of the subsidy standard, the family will be notified that the
subsidy standard will be reduced at the next annual reexamination or move, whichever comes first.
If an adult child temporarily moves from the unit to attend school, the PHA will take into
consideration whether they are living in a permanent housing situation or a housing situation that
is meant to be temporary in nature such as a dorm or student housing. If the student will be
returning during school breaks, the Subsidy Standard will remain the same until the adult student
attains the age of 26. However, all adult students’s housing status will be reviewed, and if the adult
student is living in permanent housing the subsidy standard will be reduced in accordance with the
CHA’s policy.
If the family requests to remove the adult student from the household, the adult student will be
removed and the subsidy standard will be reduced at the next annual reexamination or move, if
appropriate.
Minor children that will be absent from the unit for more than 90 days may be considered a
reduction in the household and may result in a reduction of the subsidy standard at the next annual
reexamination or move.
NOTE: A child who is temporarily away from the assisted household due to placement in foster care
is still considered a member of the family and the subsidy standard will not change. The child will
remain temporarily away until the child is returned to the household. If it is determined by the court
system that the child will be permanently placed outside of the home, the subsidy standard will be
decreased at the next annual reexamination or move, if appropriate.
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H.Family Break-up.
In determining which family members continue to receive assistance after a family breaks up, the
CHA will 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 best interest of minor children or of ill, elderly, or disabled family members.
4.Whether the family members are forced to leave because of actual or threatened physical
violence against family members by a spouse or other member of the "household".
First, the PHA will consider the welfare of the 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 of the 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 for the
Housing Program Manager’s approval concerning disposition of the 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 child(ren) is clear, the remaining household member may be issued
a voucher if eligible for the HCV program. 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 are otherwise eligible on their own. Issuing a voucher to the remaining member in
these circumstances will be based on whether there is adequate HCV funding available.
I.Joint Custody of Children.
Children, who are subject to a joint custody agreement but live with the applicant/participant at
least 50 percent of the time, will be considered members of the household. The days can be
cumulative within a calendar year. In a joint custody arrangement, if the minor is in the household
less than 50% ot the time, the minor will be considered an eligible visitor and not a dependent
child in the assisted household.
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In situations where separated parents are each claiming the child as a member of the household
or the custody order specifies equal percentage of custody, the parent whose address is listed on
the school records will be allowed to claim the school-age child as a dependent for determining
the subsidy standard for Housing Choice Voucher purposes. If the child is not of school-age or is
home-schooled, the parent who claims the child as a dependent on their income tax return or
receives benefits on behalf of the minor child will be considered the custodial parent for subsidy
standard purposes.
Under no circumstances can the minor child(ren) and/or adult dependent(s) receive rental
assistance in two different households.
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Chapter 8 – Tenancy & Housing Assistance Payments Contract
A.Family Tenancy History.
Prospective owners are informed that screening for the family's behavior or suitability for tenancy
is their responsibility. The CHA does not conduct tenant screening. Upon owner request and
authorization, the CHA will provide the applicant/participant's current address and the name and
address of the three most recent addresses, if known.
B.Request for Tenancy Approval.
The CHA will permit submission of one Request for Tenancy Approval at a time. The Request for
Tenancy Approval process is provided at the HCV briefing and at move appointments. Upon approval
of tenancy by an owner/agent, the participant will furnish the prospective owner the Request for
Tenancy Approval form.
The completed Request for Tenancy Approval must be submitted to the CHA. The CHA will review
the Request for Tenancy Approval for “approvability”. If the Request for Tenancy Approval is
approvable, a Housing Quality Standards (HQS) inspection will be scheduled. If the Request for
Tenancy Approval is not approved, the CHA will inform the household and property owner.
The CHA will not approve a unit if the owner is the parent, child, grandparent, grandchild, sister
or brother of any member of the family, unless the CHA determines that approving the unit would
provide reasonable accommodation for a family member who is a person with disabilities. (24 CFR
§982.306(d))
Review of the Rental Agreement. The CHA reviews the rental agreement utilized by an owner to
ensure the document is current and in compliance with federal, state and local law. The owner will
be required to attach HUD’s Tenancy Addendum, form HUD-52641-A, to their rental agreement.
C.Reasonable Rent Determinations.
A Reasonable Rent determination is made to ensure a fair rent is paid for units selected for
participation in the HCV program. The determination is made when units are placed under contract
for the first time, before an increase in rent to the owner and if there is a 5% decrease in the
published Fair Market Rent.
To make this determination, the CHA considers:
•The location, quality, size, unit type and age of the contract unit.
•Amenities, housing services, maintenance and owner-provided utilities.
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D.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 for the owner's unassisted units.
E.Housing Assistance Payments (HAP) Contract.
The HAP shall not be made to the owner/owner's agent until the CHA:
1.Approves the Request for Tenancy Approval and the Rental Agreement;
2.Determines the rental unit is approvable and that the rent requested is under the maximum
contract amount that the family is qualified 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 of the property;
5.The family takes possession of the rental unit; and
6.HAP Contract and Tenancy Addendum has been signed by the owner/owner's agent and
executed by the Housing Representative.
I.Moves.
Families may 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. Move notices must
be submitted to the CHA.
Except for the above condition, families will not be permitted to move if the rental agreement is
not properly terminated. The family must do the one of the following:
1.Provide the owner a written 30-day notice to vacate the rental unit,
2.Enter into a Rescission of Lease Agreement with the owner to terminate tenancy prior to the
lease term and/or to waive the 30-day noticing requirement,
3.Agree to move in accordance with an owner’s termination of tenancy notice.
Families may not be permitted to move more than once in a twelve-month period, unless they can
demonstrate the move is required due to a medically related situation or a reasonable
accommodation. Other requests may be taken into consideration based on the specific situation
and the need to move.
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G.Owner Outreach.
The CHA encourages owners of decent, safe, and sanitary rental units to participate with the HCV
program and rent to HCV participants.
The CHA takes the following actions to encourage participation by owners of suitable rental units
located outside areas of low-income and minority areas:
1.The CHA maintains communication with the Southern California Rental Housing Association
and local property management companies. These resources are used to provide owner
awarenesss of HCV program benefits.
2.The Housing Program Manager will contact prospective owners to explain the benefits of the
HCV program and provide additional information.
3.Housing representatives will attend local agency and community fairs to increase program
awareness and benefits for owners. Housing representatives will also participate in Owner
seminars and workshops, which are organized in coordination of with other local housing
agencies.
4.The CHA will utilize the media, including newspapers, magazines, internet, television, and radio
to market the HCV program as determined necessary.
The CHA will periodically evaluate the distribution of assisted families to identify areas within the
jurisdiction where owner outreach should be targeted.
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Chapter 9 – Housing Quality Standards and Inspection
Housing Quality Standards (HQS) are the HUD minimum quality standards for tenant-based
programs. HQS standards are required both at initial occupancy and during the term of the lease.
HQS standards apply to the building and premises, as well as the unit. the CHA will inspect each unit
under contract as required by HUD. The CHA will also perform quality control inspections on the
number of files required for file sampling by SEMAP annually to maintain the CHA’s required
standards.
A.Guidelines and Types of Inspections.
In accordance with HUD policy, the CHA will inspect all units to ensure that they are in decent,
safe and sanitary condition to meet Housing Quality Standards. No unit will be initially placed on
the HCV Program unless these standards are met. Units must also meet HQS as long as the family
is on the program.
There are four types of inspections the CHA will perform:
1.Initial/Move-In: Conducted within 15 days from receipt of the RFTA.
2.Annual/Biennial: Conducted within 12-24 months, respectively, of the last annual
inspection.
3.Special/Complaint: At the request of the owner, family or legitimate third party.
4.Quality Control: Conducted by a the CHA supervisor or other qualified person.
All utilities must be in service prior to the effective date of the HAP contract. If the utilities are not
in service at the time of inspection, the inspector will consider the inspection inconclusive and
notify the family and owner to have the utilities turned on. The Inspector will schedule a re-
inspection. The owner and family will both certify that the utilities are on.
The CHA will allow the stove and refrigerator to be placed in unit after the unit has passed
inspection, if the family is responsible for supplying these appliances. The family must certify that
the appliances are in the unit and working. the CHA will not re-inspect the unit.
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B.Initial HQS Inspections.
The CHA will inspect the unit, determine whether the unit satisfies the HQS and notify family and
owner of the determination within 15 days after the family and owner have submitted a request
for approval of tenancy. The 15-day clock will be suspended during any period when the unit is
not available for inspection.
The CHA will include “date unit available for inspection” on the RFTA form. This date will
determine whether the CHA will be required to meet the same 15-day requirement or whether
the 15-day period will be suspended because the unit is available for inspection until after the 15-
day period.
For file audit purposes, the CHA will note in each family file, the date on which the unit first became
available for inspection according to information obtained from the RFTA.
The CHA will make every reasonable effort to conduct initial HQS inspections for the family and
owner in a manner that is time efficient and indicative of good customer service.
The Initial Inspection will be conducted to:
Determine if the unit and property meet the HQS defined in this Plan.
Document the current condition of the unit as to assist in future evaluations whether the
condition of the unit exceeds normal wear and tear.
Document the information to be used for determination of rent-reasonableness.
If the unit fails the initial Housing Quality Standards inspection, the family and owner will be
advised to notify the CHA once repairs are completed.
On an initial inspection, the owner will be given up to 30 days to correct the items noted as Fail,
at the Inspector’s discretion, depending on the amount and complexity of work to be done.
The owner will be allowed up to 5 days on re-inspection for repair work to be completed. The
owner will be contacted the same day he/she notifies the CHA that the unit is ready for inspection
(SEMAP).
If the time period given by the Inspector to correct the repairs has elapsed, or the maximum
number of failed re-inspections has occurred, the family must select another unit.
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C.Annual/Biennial HQS Inspection.
As permitted by HUD [Docket No. FR-5778-N-01], the CHA has opted to allow for biennial HQS
inspections, dependant upon HQS calendar schedules. At minimum each housing unit under HAP
contract will be inspected within 24 months of the last completed HQS inspection.
Alternative inspection methods will not be used in lieu of the initial unit. The CHA will conduct an
initial inspection prior to entering into a new HAP contract. The CHA will also conduct an interim
HQS inspection if a family or government official notifies the CHA of a housing unit’s failure to
comply with HQS. The CHA will not utilize alternative housing inspection performed through other
housing programs, e.g. the Low-Income Housing Tax Credit (LIHTC) program.
When necessary, the CHA will comply with HQS and perform HQS inspections to insure that quality
standards are met for housing units where deficiencies were noted during the initial inspection or
most recent HQS inspection.
The owner must correct HQS deficiencies, which cause a housing unit to fail, unless it is a fail for
which the family is responsible. The family must allow the CHA to inspect the housing unit at
reasonable times with reasonable notice.
If the family does not contact the CHA to reschedule an inspection, or if the family misses two
inspection appointments, the CHA will consider the family to have violated a Family Obligation
and a notice of intended action to terminate program assistance will be sent in accordance with
the termination procedures in this Plan.
Re-inspection. The family and owner are provided notice of the inspection appointment. If the
family is not at home for the re-inspection appointment, a card will be left at the unit and another
inspection will be scheduled. The inspection letter contains a warning of abatement (in the case
of owner responsibility), and a notice of the owner’s responsibility to notify the family.
Missed/No Show inspections. The CHA gives a reasonable amount of notice for the scheduled
inspection. A person 18 years of age or older is required to be present to allow the inspector entry.
A Missed/No Show inspection counts against the total number of inspections the CHA will conduct.
A Notice of Intended Action will be mailed for non-compliance of the family obligation to allow an
inspection of the assisted housing unit.
Time Standards for Repairs. Emergency items which endanger the family’s health or safety must be
corrected within 24 hours of notification.
For non-emergency items, repairs must be made within 30 days of the initial failed inspection
date. Written requests may be reviewed by the Program Manager for major repairs beyond the
owner/participant’s control that may prevent corrections beyond the 30-day period.
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D.Special/Complaint Inspections.
If at any time the participant or owner notifies the CHA in writing that the unit does not meet
Housing Quality Standards, the CHA will conduct an inspection.
The CHA may also conduct a special inspection based on information from third parties such as
neighbors or public officials. The Inspector will check only the items which were reported, but if
the Inspector notices additional deficiencies that would cause the unit to fail HQS, the responsible
party will be required to make the necessary repairs.
If the annual/biennial inspection is within 120 days of a special inspection, and all items are
inspected that are included in an annual/biennial inspection, the special inspection will be
categorized as an annual/biennial inspection as well.
E.Quality Control Inspections.
Per SEMAP, Quality Control Inspections will be randomly performed. The purpose of Quality
Control inspections is to ascertain that each inspector is conducting accurate and complete
inspections, and to ensure that there is consistency among inspectors in the application of the
HQS. The sampling of files will include recently completed inspections (within the prior three
months) and a cross-section of neighborhoods.
F.Owner Responsibilities.
When a unit fails to meet Housing Quality Standards, and the owner is responsible for completing
the necessary repair(s) in the time period specified by the CHA, the HAP payment will be abated.
Abatement. If the owner makes repairs during the abatement period, payment will resume on the
day the unit passes inspection. No retroactive payments will be made to the owner for the period of
time the housing assistance is abated. The family is not responsible for the CHA’s portion of the rent
that is abated. However, the family is responsible to continue to pay their portion of rent to the
owner.
The CHA will grant an extension in lieu of abatement in the following cases:
There is an unavoidable delay in completing repairs due to difficulties in obtaining
parts or contracting for services
The owner makes a good faith effort to make the repairs
The repairs are expensive (such as exterior painting or roof repair) and the owner
needs time to obtain the funds
The repairs must be delayed due to climate conditions
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An extension will be made for a period of time not to exceed 30 days. At the end of the extension
period, and at the CHA discretion, if the work is not completed, the CHA will begin the abatement.
Termination of Contract. If the owner is responsible for repairs, and fails to correct all the
deficiencies cited prior to the end of the abatement period, the owner will be sent a HAP
Contract Proposed Termination Notice. Prior to the effective date of the termination, the
abatement will remain in effect.
If repairs are completed before the effective termination date, the termination may be rescinded
by the CHA.
G.Determination of Responsibility.
Certain HQS deficiencies are considered the responsibility of the family:
Family-paid utilities not in service
Failure to provide or maintain family-supplied appliances
Damage to the unit or premises caused by a household member or guest beyond normal
wear and tear
“Normal wear and tear” is defined as items, which could be charged against the family’s security
deposit under state law or court practice.
The owner is responsible for all other HQS violations. The owner is responsible for vermin infestation
even if caused by the family’s living habits. However, if such infestation is serious and repeated, it
may be considered a lease violation and the owner may evict for repeated violations of the lease.
the CHA may terminate the family’s assistance on that basis.
The inspector will make a determination of owner or family responsibility during the inspection.
The owner or family may appeal this determination to a mediator within three days of the
inspection.
H.Consequences - Family Responsible.
If HQS violations are determined to be the responsibility of the family, the CHA will require the
family make any repair(s) or corrections. If the repair(s) or correction(s) are not made in this time
period, the CHA will terminate assistance to the family, after providing an opportunity for an
informal hearing. The Housing Program Manager must approve extensions in these cases.
If the family is responsible and corrections are not made, the HAP Contract will terminate when
assistance is terminated.
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I.Occupancy Standards.
HQS Guidelines for minimum/maximum occupants. These guidelines are for an average unit. If
there is a den, or other room that may be used for sleeping in addition to the living room, these
standards may be increased. For example, a two-bedroom house with a living room and a den may
have room for up to eight persons without violating HQS space requirements.
Unit Size Minimum No. in
Household
Maximum No. in
Household
0 – Bedroom 1 2
1 – Bedroom 1 4
2 – Bedroom 2 6
3 – Bedroom 4 8
4 – Bedroom 6 10
5 – Bedroom 8 12
6 – Bedroom 10 14
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Chapter 10 – Annual and Interim Reexaminations
A.Annual Reexaminations. (24 CFR §982.516(a))
It is a HUD requirement to annually reexamine the income and composition of HCV families (i.e.
program participants). The CHA conducts reexamination of family income and other factors that
affect the housing assistance payment, allowing for proper and timely verification of all information
and notification of any rent change. A family’s failure to comply with the CHA’s reexamination
requirements is grounds for termination of housing assistance.
The CHA will follow the verification procedures and guidelines described in Chapter 5 of this Plan.
The CHA may adopt triennial reexaminations for participants with fixed income if this provision is
adopted by federal regulations.
Subsidy Standards. The family’s household composition will be reviewed and the Voucher size
will be adjusted if required, per CHA’s Subsidy Standards (Chapter 7).
B.Interim Reexaminations. (24 CFR §982.516(c))
Interim reexaminations (certifications conducted before the annual reexamination date) are based
on a change in family composition or financial status. Interim reexaminations will not alter the
family's annual reexamination date. All changes in income, assets or household members must be
reported in writing.
Notification Timeframe. The notification timeframe for a family to report changes income and/or
family composition is 15 calendar days from the change being reported.
Timely Reporting. For families who report income/family composition changes within the
notification timeframe, the effective date of the interim reexamination will be preceded by a
minimum of 30 days’ written notice of an increase in the family share of the rent.
Untimely Reporting. For families who do not report income/family composition changes within the
CHA’s notification timeframe, the family’s share of the rent will be effective retroactively to the first
of the month after the change occurred.
Please note: If a third-party verification is delayed due to the family’s responsibility to submit
documentation, notification of rent portion changes may result in less than 30 days’ notice.
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Interim reexaminations will only be completed under the following circumstances:
1.The family reports a decrease in income that will continue in excess of thirty days.
2.A family 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 family reports a change in family composition.
4.A Family Self-Sufficiency household requests an interim when their income increases.
5.The family did not report a required increase of income in a timely manner, i.e. within the
reporting requirements within this Plan.
6.The family misrepresented the facts upon which their share of rent was based.
7.An administrative error on the part of the PHA.
8.As dictated by a HUD PIH Notice or Memorandum.
C.Earned Income Disregard. (24 CFR §5.617R)
Per HUD regulations, the Carlsbad Housing Agency has implemented Earned Income Disregard
calculations, to disregard some or all of the earned income for qualified HCV program participants
with disabilities. A family member can only receive a total of 12 months for 100% of the
incremental increase disregard and 12 months of the 50% disregard in his or her lifetime. The
disregard only applies for a maximum of 4 years from the time it is first applied.
The Earned Income Disregard, allows previously unemployed (by definition) individuals and
families receiving housing assistance to keep more of their earned income for a period of up to
two years following an increase in employment income. The purpose is to assist persons with
disabilities in obtaining and retaining employment, as an important step toward economic self-
sufficiency.
D.Family Moves. (24 CFR §982.354(c))
Families will be provided information regarding their responsibility to give the owner and the CHA
advance notice of any moves. This information is provided with the HCV briefing and upon inquiry
to the CHA.
E.Portability
Port-in participants. The CHA will accept the income eligibility determination of the initial Public
Housing Agency, if completed within 60 days of the transfer and no family composition or income
changes have occurred. New family composition or income change information may warrant a
redetermination of income by the CHA. However, the port in process will not be delayed if a
redetermination is necessary. The port in family will be allowed to move into a rental unit and an
adjustment may be made at a future date, if warranted.
Port-out participants. The CHA will allow family’s in good standing to lease outside of the CHA’s
jurisdiction.
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Chapter 11 – Debts Owed and Owner Disapproval
A.Owners.
If an owner owes money to the CHA, 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).
If the owner fails to pay the amount owed and there is not a future housing assistance payment to
offset the debt, the owner will be banned from renting to future HCV program participants until the
debt is resolved. Also, the amount owed may be sent to a collections agency.
In addition, an owner who is the parent, child, grandparent, grandchild, sister, or brother of any
member of the family will not be approved, unless the CHA determines that approving the unit
would provide reasonable accommodation for a family member who is a person with disabilities.
(24 CFR §982.306(d))
B.Applicants.
An applicant must pay in full any debts owed to the CHA or any other Housing Agency before being
admitted to the Housing Choice Voucher program. An exception may be made if the applicant is
current on a Repayment Agreement.
C.Participants – Repayment Agreements.
An opportunity to enter into a Repayment Agreement may be offered regarding overpaid housing
assistance payment(s). This opportunity is permitted If there are no other issues, the unreported
income was less than $15,000 and if it appears the participant did not deliberately provide false,
misleading, incomplete, or incorrect information to the CHA.
As long as payments are made in a timely manner, the participant will remain in good standing with
the CHA. Failure to abide by the Repayment Agreement shall be grounds for termination of HCV
benefits.
Participants will not be able to port to another jurisdiction until payment is received in full. Carlsbad
Management may waive this requirement if the participant is current on their monthly payments
and if the inability to move would be a hardship on the family. If the CHA offers a Repayment
Agreement, the terms will be determined in accordance with HUD’s PIH Notice 2017-12, section
17.
A participant who is not current on their monthly payments as outlined in their Repayment
Agreement will be sent a courtesy letter for a first offense. A warning notice will be sent with a
second offense. A third offense will result in a Notice of Intended Action to terminate rental
assistance benefits (Chapters 13 and 14).
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In accordance with HUD requirements to utilize the Enterprice Income Verification (EIV) system in
its entirety and PIH Notice 2017-12F, the CHA will do the following when a families program
terminates and a debt is owed:
•Notify the individual(s) of the debt owed to the CHA and or adverse status as of the end
of participation date;
•Enter the debts owed information into the EIV system;
•Include adverse termination information into the EIV system; and
•Send the debts owed information to a collection agency.
D.Owner Violations of the HAP Contract.
The CHA may terminate an owner’s participation in the HCV program for serious or repeated
violations of the HAP Contract and/or participant lease agreement(s).
E. Disapproval of Owner for Drug Trafficking.
The CHA shall disapprove of an owner if the CHA 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.
F.Disapproval of Owner for HQS Violation .
The CHA 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.
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Chapter 12 – Special Housing Types
A.Special Housing Types - Manufactured Home.
The CHA allows Housing Choice Voucher assistance to be used to provide assistance to a family that
owns a manufactured home, but rents the manufactured home space.
B.Other Special Housing Types.
The CHA permits 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. The CHA does not
allow any other special housing types.
Although the CHA currently only provides Shared Housing as a reasonable accommodation, the
agency may take into consideration other housing types, if the rental market is such that there is a
limit to available housing in the PHA’s jurisdiction.
Project-Based Vouchers. The CHA does not administer Project-Based Voucher and therefore does
not have a policy concerning application of Small Area FMRs to project-based voucher units (24
CFR § 888.113(h)).
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Chapter 13 – Denial or Termination of Assistance
The CHA 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.
All adult family members must not have violated any family obligation during previous program
participation within three (3) years prior to final eligibility determination. For family obligations,
see Chapter 4, section F.
A.Applicants Determined Not Eligible.
The CHA reasons for denial to the HCV program are listed in this section. Applicants determined
ineligible for the HCV program due to the CHA’s background check will be Offered an Informal
Review.
Applicants determined not eligible for the HCV program will be sent a denial letter with an
opportunity for an Informal Review if requested in writing within 15 calendar days of the date of the
denial letter.
The CHA shall deny an applicant admission to the HCV program under the following circumstances:
1.The applicant does not respond to the CHA’s written request for information or updates.
2.The applicant refuses an offer of assistance under the Housing Choice Voucher program.
3.The CHA has information substantiating fraud on the part of the applicant.
4.The CHA 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 of the
premises by other residents.
5.Based on updated information received, the applicant is determined ineligible.
6.The applicant requests removal of their application from the waiting list.
The CHA will notify the applicant, in writing, of the intention to remove their application from the
waiting list. The event that triggers the denial shall be based on the date that the applicant engaged
in the criminal activity.
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B.Termination Information for Participant.
If the CHA 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 CHA shall require a family member who has engaged in drug-related criminal activity 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 CHA shall terminate families who engage in drug-related criminal activity, regardless of where
the criminal activity takes place.
E.Violent Criminal Activity.
The CHA shall terminate families who engage in violent criminal activity, including spousal abuse,
child abuse, threats to property owners, neighbors and violence against property. Circumstances
will be taken into consideration if the violent criminal activity is subject to the guidelines under the
Violence Against Women Act (VAWA).
F.Crime by Family Member.
The CHA shall terminate assistance to a family if the preponderance of evidence indicates that a
family/household member has committed a crime or friends/guests of the assisted family
committed the crime, regardless of whether the crime is technically classified as a felony.
G.Serious and Repeated Violation of the Lease/Rental Agreement.
The CHA shall terminate assistance to a family and deny permission to move with continued
assistance for serious and/or repeated violations of the lease/rental agreement. The PHA will
conduct a Tenant Conference once three infractions have been made, as reported in writing by the
owner of the property. If the pattern continues after the Tenant Conference, 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.
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H.Fraud or Other Program Violations.
The CHA shall deny or terminate assistance if any member of the family commits fraud, bribery or
any other corrupt act. Such criminal act is a breach of family obligations.
I.Violence Against PHA Personnel.
The CHA shall deny or terminate assistance if the family has engaged in or uses abusive or violent
language or behavior toward Public Housing Agency personnel.
The CHA may allow an individual to remain on the program under the condition that the household
member does not appear in the office without an appointment and/or without a representative.
J.Violence Against Women Reauthorization Act (VAWA).
Denial of assistance to an applicant or termination of assistance of a participant for criminal
activity is subject to the provisions of VAWA instituted in 2005 and Reauthorization of the Act in
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 of the assistance, tenancy, or
occupancy rights of a victim of abuse.
3.The CHA has authority to terminate voucher assistance for certain family members while
permitting other members of a family to continue receiving assistance (providing the
culpable family member will no longer reside in the unit). The CHA’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 CHA may terminate assistance.
5.Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault,
or Stalking – The CHA is concerned about the safety of its tenants, and such concern extends
to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking.
In accordance with the Violence Against Women Act (VAWA), The CHA allows tenants who
are victims of domestic violence, dating violence, sexual assault, or stalking to request an
emergency transfer from the tenant’s current unit to another unit.
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The ability to request a transfer is available regardless of sex, gender identity, or sexual
orientation. The ability of the CHA to honor such request for tenants currently receiving
assistance, however, may depend upon a preliminary determination that the tenant is or
was a victim of domestic violence, dating violence, sexual assault, or stalking, and on
whether the tenant is able to secure another dwelling unit that is available and is safe for
the tenant for temporary or more permanent occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation
needed to request an emergency transfer, confidentiality protections, how an emergency
transfer may occur, and guidance to tenants on safety and security. This plan is in
compliance with VAWA and is based on a model emergency transfer plan published by the
U.S. Department of Housing and Urban Development (HUD), the Federal agency that
oversees the Housing Choice Voucher program.
Eligibility for Emergency Transfers - A tenant who is a victim of domestic violence, dating
violence, sexual assault, or stalking, as provided in HUD’s regulations at 24 CFR part 5,
subpart L is eligible for an emergency transfer, if: the tenant reasonably believes that there
is a threat of imminent harm from further violence if the tenant remains within the same
unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if
the sexual assault occurred on the premises within the 90-calendar-day period preceding a
request for an emergency transfer.
A tenant requesting an emergency transfer must expressly request the transfer in
accordance with the procedures described in this plan. Tenants who are not in good
standing may still request an emergency transfer if they meet the eligibility requirements in
this section.
Emergency Transfer Request Documentation - To request an emergency transfer, the tenant
shall notify CHA’s management office and submit a written request for a transfer to Carlsbad
Housing Agency, 1200 Carlsbad Village Drive, Carlsbad CA 92008. The CHA will provide
reasonable accommodations to this policy for individuals with disabilities. The tenant’s
written request for an emergency transfer should include either:
a.A statement expressing that the tenant reasonably believes that there is a threat of
imminent harm from further violence if the tenant were to remain in the same
dwelling unit assisted under CHA’s program; OR
b.A statement that the tenant was a sexual assault victim and that the sexual assault
occurred on the premises during the 90-calendar-day period preceding the tenant’s
request for an emergency transfer.
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Confidentiality - the CHA will keep confidential any information that the tenant submits
in requesting an emergency transfer, and information about the emergency transfer,
unless the tenant gives the CHA written permission to release the information on a time
limited basis, or disclosure of the information is required by law or required for use in an
eviction proceeding or hearing regarding termination of assistance from the covered
program. This includes keeping confidential the new location of the dwelling unit of the
tenant, from the person(s) that committed an act(s) of domestic violence, dating violence,
sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under
the Violence Against Women Act For All Tenants for more information about the CHA’s
responsibility to maintain the confidentiality of information related to incidents of
domestic violence, dating violence, sexual assault, or stalking.
Emergency Transfer Timing and Availability – the CHA cannot guarantee that a transfer
request will be approved or how long it will take to process a transfer request. The CHA
will, however, act as quickly as possible to move a tenant who is a victim of domestic
violence, dating violence, sexual assault, or stalking to another unit, subject to availability
and safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe,
the tenant may search for a different unit. If a unit is available, the transferred tenant
must agree to abide by the terms and conditions that govern occupancy in the unit to
which the tenant was transferred. The CHA may be unable to transfer a tenant to a
particular unit if the tenant cannot establish eligibility for that unit.
The CHA will assist the tenant in identifying other housing providers who may have safe
and available units to which the tenant could move. At the tenant’s request, the CHA will
also assist tenants in contacting the local organizations offering assistance to victims of
domestic violence, dating violence, sexual assault, or stalking.
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Chapter 14 – PROCEDURES FOR INFORMAL REVIEW OR HEARING
A.Informal Review – Applicant. (24 CFR §982.554.)
The CHA 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 CHA; 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 CHA 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.
B.Informal Hearing – Participant.
The CHA shall offer a hearing for certain Public Housing Agency (PHA) determinations relating to the
individual circumstances of a family. The hearing is held to consider whether the CHA decisions
related to the family circumstances are in accordance with the law, HUD rules and regulations and
the CHA policies and procedures. A hearing shall be offered on:
1.CHA determinations of the family's income.
2.CHA determinations of the family unit size for the family under the PHA Subsidy Standards.
3.CHA determinations of the appropriate utility allowance for the family from the PHA utility
allowance schedule.
4.CHA determinations to deny or terminate assistance because of family actions or inactions.
5.CHA determinations to terminate assistance due to the family’s absence from the unit for
longer than the maximum period permitted under CHA policy and HUD Rules.
Public Housing Agencies are not required to provide an opportunity for an informal hearing for CHA
discretionary administrative determinations or for general policy issues or class grievances.
A request for an informal hearing must be received by the CHA and postmarked within 15 calendar
days from the date of the "Notice of Intended Action". Being incarcerated will not be considered
‘good cause’ for missing the 15 day deadline.
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C.Informal Hearing Notice to Participant. (CFR §982.5.)
The CHA shall notify the family of its right to request an informal hearing on a decision to deny or
terminate assistance. The notice shall include a brief statement of reasons for the CHA’s decision.
The notice will advise the family that they have 15 days from the date of the Notice of Intended
Action to request an Informal Hearing. The CHA 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 CHA will schedule the informal hearing in a reasonably expeditious manner upon the request of
the family. The CHA will not terminate rental assistance benefits under an executed HAP contract
until a hearing decision is rendered.
If an Informal Hearing is scheduled and the family fails to attend without prior notification, the
Informal Hearing will be considered ‘abandoned’ and the termination or denial will stand. If a family
is more than 20 minutes late without prior notification, the Informal Hearing will be considered
‘abandoned’ and the termination or denial will stand. Extenuating circumstances may be taken into
consideration at the discretion of the Housing Program Manager or Director.
D.Pre-Hearing Discovery.
The family has a right to pre-hearing discovery of the CHA’s 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 CHA’s office. The
CHA 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 CHA before the
scheduled Informal Hearing. The CHA may not rely on a document withheld from disclosure.
Similarly, the family may not rely upon a document not produced at request by the CHA. The hearing
officer has the discretion to allow untimely submissions of relevant documents required, based on
the relative sophistication of the family, the complexity of the documents required, and the time the
family had access to the documents before the hearing. The CHA shall allow applicants and
participants the right to inspect and copy documents under supervision of a CHA staff person.
If the family does not appear at the scheduled time and was unable to reschedule the hearing in
advance due to the nature of the emergency, the family must contact the CHA within 24 hours of
the scheduled hearing date, excluding weekends and holidays. The family must show “good cause”
prior to rescheduling the hearing by providing documentation to support the reason for requesting
a reschedule date. The CHA will then reschedule the hearing.
The Hearing Officer will issue a written decision to the family within ten (10) business days after
the hearing. The decision made by the Hearing Officer will be final. The CHA reserves the right to
overturn the Hearing Officer’s decision only in the event that the decision is contrary to the
organization’s written policies.
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