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HomeMy WebLinkAbout2018-03-08; Housing Commission; Resolution 2018-0011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 2018-001 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE CARLSBAD ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR FISCAL YEAR 2018 AND ADMINISTRATIVE PLAN AND AUTHORIZATION TO SUBMIT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the Housing & Neighborhood Services Department administers the Section 8 Rental Assistance Program for the City of Carlsbad's Public Housing Agency (PHA); and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued regulations requiring PHAs to submit 5-Y ear and Annual Plans consistent with the City of Carlsbad's Consolidated Plan and local objectives; and WHEREAS, the U.S. Department of Housing and Urban Development requires that the PHA revise the Administrative Plan to comply with HUD requirements and changes in local policies; and WHEREAS, federal regulations provide that the 5-Year and Annual Plans and Administrative Plan must be adopted by the Board of Commissioners of the Housing Agency and submitted to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: II II II II 1. The above recitations are true and correct. 2. That based on the information provided within the Housing Commission Staff Report, the Housing Commission ADOPTS Resolution No. 2018-001, recommending to the HC RESOLUTION NO. 2018-00 I PAGE 2 1 // 2 Community Development Commission APPROVAL of the Carlsbad Annual PHA Plan for 3 Fiscal Year 2018 and the Administrative Plan and authorization to submit to the U.S. Department 4 of Housing and Urban Development. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 25 26 27 28 The Housing Commission hereby recommends that the Housing & Neighborhood Services Director be authorized to execute all appropriate documents required for the submittal of said Annual PHA Plan. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 8th day of March 2018, by the following vote, to wit: A YES: ~P-.RILLO, EVANSJ ~ENVv\f\N, W\N()PtLL ~ND WILL\f\',"t,,S NOES: NONE ABSENT: NON E. ABSTAIN: NONE. AL~ NEWMAN, CHAIRPERSON CARLSBAD HOUSING COMMISSION INTERIM COMMUNITY AND ECONOMIC DIRECTOR {_ City of Carlsbad PUBLIC HOUSING AGENCY Annual Plan for Fiscal Year 2018 Approved by the Housing Commission on: March Adopted by the Community Development Commission on: April Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, niles, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low-income, very low-income, and extremely low-income families Applicability. Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the defini tion ofa Standard PHA, Troubled Pl-IA, !-!CV-Only PI-IA, Small PHA, or Qualified PHA do not need to submit this form. A. PHA Information. A.l PHA Name: CARLSBAD HOUSING AGENCY -HOUSING & NEIGHBORHOOD SERVICES PHA Code: CA077 PHA Type: D Small ~ High Performer PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07 /2018 PHA Inventory (Based on Arurnal Contributions Contract (ACC) uruts at time of FY beginning, above) Number of Public Housing (PH) Units not applicable Number of Housing Choice Vouchers (HCVs) 703 baseline Total Combined 703 units PHA Plan Submission Type: [8'.I Annual Submission 0Revised Annual Submission Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. Location(s) where the public may (?btain copies of the 5-Year and Annual PHA Plan: Main administrative office of the PHA: • City of Carlsbad Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 Main administrative office of the local, county or State government: • City of Carlsbad -City Hall City Clerk 1200 Carlsbad Village Drive Carlsbad,CA 92008 Public libraries: • City of Carlsbad Main Library 1775 Dove Lane Carlsbad,CA 92011 • ·City of Garlsbad ·· Georgina Cole Library 1250 Carlsbad Village Drive Carlsbad,CA 92008 Other: • City of Carlsbad Senior Center 799 Pine Avenue Carlsbad, CA 92008 PHA Plan Supporting Documents are available for inspection at: Main business office of the PHA: • City of Carlsbad Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 D PHA Consortia: (Check box if submitting a Joint PI-IA Plan and complete table below Participating PHAs PHA Code Program(s) in the Consortia Lead PHA: B. Annual Plan Elements B.1 Revision of PHA Plan Elements. . Program(s) not in the Consortia No. of Units in Each Program PH HCV (a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA P lan submission? y N D [XI Statement of Housing Needs and Strategy for Addressing Housing Needs. D [XI Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. [XI D Financial Resources. [Xi D Rent Determination. D [XI Homeownership Programs. D [Xi Safety and Crin1e Prevention. D [Xi Pet Policy. D [XI Substantial Deviation. D [XI Significant Amendmen11Modification (b) The PHA must submit its Deconcentration Policy for Field Office Review. DECONCENTRATION POLICY (Excerpt from PHA Administrative Plan) Local Objectives Mission of Housing & Neighborhood Services: Enhance the quality of life and sense of community for those who live in Carlsbad by providing better connections to city information and services and through focused program development an d ·· implementation, community engagement and outreach se rvices and provision of affordable housing opportunities. The Section 8 Rental Assistance Program is designed to·achieve three major objectives: 1. To provide affordable decent, safe and sanitary rental housing, of a modest (non-luxury) nature, for very low-income families. 2. To promote freedom of rental housing choice and spatial deconcentration of very low-income families of all racial and ethnic backgrounds. 3. To provide an incentive to private property owners to rent to very low-income families by offering timely assistance payments and annual inspections. Owner Outreach The PHA encourages owners of decent, safe, and sanitary rental units to rent to Section 8 participants. The PHA maintains an ongoing list of available rental units and participating owners/property managers. The list is available in the lobby and is updated on a monthly basis. When listings from owners/property managers are received, they will be compiled by the PHA staff by bedroom size and date of availability. Actions to encourage participation by owners of suitable rental units located outside areas of low-income and minority areas: 1. The PHA maintains communication with the San Diego County Apartment Association and local property management companies. These resources will be used to make owners aware of the benefits of the Section 8 Rental Assistance Program. 2. In order to expand participation of new owners who are interested in the program or are unfamiliar with the program, the Housing Program Manager will call the prospective owner to explain the benefits of the Section 8 program and encourage their participation. 3. Housing representatives will attend local agency and community fairs to increase awareness of the program and benefits for owners. Housing representatives will also participate in Owner seminars/workshops, which are organized in coordination of with other local housing agencies, San Diego County Apartment Association, North County Apartment Managers Association, and local property management companies. 4. Owner information packets describing the benefits of the rental assistance program will be available upon request. 5. The PHA will market the Section 8 program by conducting Rental Owner workshops for prospective owners periodically to explain the program benefits, especially during periods of low voucher utilization and low vacancy rates. 6. The PHA will utilize the media, including newspapers, magazines, internet, television, and radio to market the Section 8 program as determined necessary. The PHA will periodically evaluate the distribution of assisted families to identify areas within the jurisdiction where owner outreach should be targeted. Family Outreach Outreach will inform all eligible segments of Carlsbad's population of the availability of the Section 8 Rental Assistance program. If applicant groups are not reflective of the eligible population, additional outreach aimed at targeted groups will be increased. The PHA will publicize the availability of rental assistance for very . low:.in.co_me_ famJli.es i.n oewspap_e.rs. of general circulation, mino_rity media, _and by other .suitable means._ Notices will also be provided in Spanish. In addition, the PHA will distribute fact sheets to the broadcasting media, and initiate personal contact with members of the news media and community service agencies to utilize public service announcements. Liaisons have been established with a variety of city and county agencies, private social service agencies, non- profit agencies and special interest groups. The PHA will communicate the status of rental assistance availability to the service providers in the community, advising them of eligibility factors and guidelines so that they can make appropriate referrals. PaynientStandards Payment Standards are currently set between 90% and 110% of the Small Area Fair Market Rents {SAFMR). The new Payment Standards calculated based on the SAFMRs went into effect on April 1, 2018. The higher payment standards reflect the higher rents in Carlsbad and increase the housing options for families in Carlsbad; therefore, furthering the PHA's efforts for fair housing and deconcentration. ( c) If the PHA answered yes for any element, describe the revisions for each element below: Financial Resources -CY 2017 (CY 2018 Funding not determined) Annual Contributions for HCV Program - Housing Assistance Payments (HAP) Annual Contributions for HCV Program - Administrative Fees for Program Operations Total Resources Rent Determination $ 6,483,006. $ 588,602. $7,071,608. Payment Standards were increased effective April 1, 2018 in accordance with FFY 2018 published SAFMRs. Payment Standards were calculated between 90% and 110% of the SAFMRs for the following zip codes: 92008, 92009, 92010, and 92011. B.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? y N D [81 Hope VI or Choice Neighborhoods. D [81 Mixed Finance Modernization or Development. D [81 Demolition and/or Disposition. D [81 Conversion of Public Housing to Tenant Based Assistance. D [81 Conversion of Public Housing to Project-Based Assistance under RAD. D [81 Project Based Vouchers. D [81 Units with Approved Vacancies for Modernization. D [81 Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan .. B.3 Progress Report Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year Plan. PHA ANNUAL PLAN -FY 2018 PROGRESS IN MEETING MISSION AND GOALS STATEMENT PROGRESS OF 5-YEAR PLAN GOALS AND OBJECTIVES: FY 2015 -2019 PHA Goal: Expand the supply of assisted housing Objective: 1) Leverage private or other public funds to create additional housing opportunities; and 2) Collaborate with private developers and non-profit agencies. • Affordable Housing Construction Assistance -Carlsbad's affordable housing program allows the City to assist in the development of new affordable housing units; resulting in an increase of the availability of affordable rental housing that is decent and safe. PHA 5-YEAR PLAN GOALS AND OBJECTIVES Assist in construction of new affordable housing. Juniper at The Preserve Pending Developments: 2015 2016 2017 2018 0 0 64 2019 Total Units 2015-2019 64 ·. ' • Sea Grove Condo Townhomes is currently under construction and will provide six (6) for-sale units price restricted at 80% of AMI. • Robertson Ranch -101 senior restricted, low-income rental units at 70% of AMI are currently under construction. • Robertson Ranch -56 moderate income rental units @ 90% of AMI are currently under construction. • Windsor Point -50 rental units for homeless veterans and veteran families @ 30-50% of AMI are currently in the approval process for financing. • Pacific Wind -93 rental units affordable at 50-60% of AMI are at the project approval phase. • Uptown Bressi -property is being graded and 25 affordable townhomes will be available for sale. PHA Goal: Improve the quality of assisted housing Objective: Improve voucher management (SEMAP score). • Designated by HUD as a high-performer for FY 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016. • Maintained and utilized HAP costs within the HUD funding allocation. • Maintained a 100% PIC reporting rate. • Continually seeking ways to streamline processing functions. • Section 8 software conversion is in process to provide a paper-less/hosted product. PHA Goal: Increase assisted housing choices • Continue to reach out to owners to increase awareness of the benefits of renting through the rental assistance program. In addition, contact owners monthly to document any current or upcoming vacancies. Participate in community events and provide information about the Section 8 Program and other affordable housing options in Carlsbad. • Maintain payment standards between 90% and 110% of the SAFMRs for zip codes 92008, 92009, 92010, and 92011 to allow for a broader range of rental opportunities in Carlsbad. • Worked with non-profit agencies and developers to collaboratively provide affordable housing options, as outlined in the above table. • April 17, 2017 will host a Q&A booth on Section 8 Rental Assistance benefits for property owners at the San Diego County Apartment Association (SDCAA) EXPO. PHA Goal: Promote self-sufficiency and asset development of families and individuals • PHA continues to administer the Family Self-Sufficiency (FSS) Program for the clients who port in as an FSS participant. • PHA staff meet with non-profit organizations and support services agencies to obtain information about programs and benefits that will promote self-sufficiency for participant families. In addition, information is made available in the lobby for the community and others seeking resour~es. • Staff maintains a Community Resource Directory that breaks down services by subject matter, gives a brief description of services for each organization, and provides contact information. • Carlsbad Service Center provides job training, employment preparedness, food distribution, Cal Fresh application assistance, and a hiring center. PHA Goal: Ensure equal opportunity and affirmatively further fair housing • Fair housing and equal opportunity information is provided in program and move briefing packets • Have a contract with Center for Social Advocacy (CSA); to provide Fair Housing counseling and landlord/tenant mediation for residents of Carlsbad. • Center for Social Advocacy provided a Fair Housing workshop for staff and tenants on May 4, 2017. PHA Goal: Ensure the needs are met of child and adult victims of domestic violence, dating violence, sexual assault or stalking per VAWA Reauthorization Act of 2005 • Staff advised of outside resources available to child or adult victims of domestic violence, dating violence, and sexual assault or stalking . . ~ Staff has been directed to_pro.vide referrals to outside agencies that provide such services, such .as _ . the Women's Resource Center, which is located in Oceanside and provides domestic violence services in the PHA service area. • Brochure titled: Violence Against Women Act-What Applicants, Tenants, Owners and Landlords Need to Know is ava ilable in the lobby of the housing department and is included in the Briefing Packets, Re certification Packets, and Portability Packets. Brochure is also available in Spanish. • HUD form 5380 Notice of Occupancy Rights under the Violence Against Women Act (VAWA) and HUD form 5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation are now included in the Briefing Packets, Recert ification Packet s, Intake Packets, Move Packets, Port In Packets and are also incl uded with any Notice of Intended Action to t erminate or·deny Rental Assistance. ' Most Recent Fiscal Year Audit. . (a)Were there any findings in the most recent FY Audit? y N D (gJ Fiscal Year Audit: Year ended Jun e 30, 2017 -The single audit report on expenditures of federa l awards disclosed no audit findings required by the auditors to be reported under paragraph .510(a} of 0MB Circular A-133. (b) If yes, please describe: C. Other Document and/or Certification Requirements. C.1 Certification Listing Policies a nd Programs that the PHA has Revised since Submission of its Last Annua l Plan Form 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.2 C ivil Rights Certification. Form 50077-ST-HCV-HP, Certification of Compliance with PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. C.3 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? NOTE: T he Housing Commission (RAB) is scheduled to meet March 8, 2018. y N DD If yes, comments must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. C.4 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. D Statement of Capital Improvements. Required in all years for all PHAs completing this form that administer public housing and _ • .JJ:eceiv.e..funding..fi:am_the_CapitalEund.Et:ogcam.(.c.F£).-=.NO.T APPLIC.ABLE __ ------------------------·----·-·-------·---------------------·----------------------- D.1 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075.2) and the date that it was approved by HUD. PUBLIC COMMENTS AND CHALLENGES ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM Revised February 2018 Ccicyof Carlsbad HOUSING AGENCY HOUSING & NEIGHBORHOOD SERVICES 1200 Carlsbad Village Drive Carlsbad, CA 92008 Approved by the Housing Commission on: Adopted by the Community Development Commission on: I. II. TABLE OF CONTENTS INTRODUCTION A. B. C. D. Local Objectives Purpose of the Administrative Plan Code of Conduct Administrative Fee Reserve FAIR HOUSING POLICY A. B. C. D. E. Accommodations Equal Employment Opportunity Owner Outreach Family Outreach Limited English Proficiency III. ADMISSION TO THE PROGRAM A. B. C. D. E. Waiting List Collaboration between Housing Authqrities Waiting List Administration,_.· Waiting List Purge . . . ·. ,,: ::. _ Admission Preferences for Sel~ctjon' of i\pplicantf' :+ , .. Single Elderly, Disabled,.otD,isplace(i P~rson ·:ia: Income J,~f_g¢tj.n.g · Local Prefere'i:kes· Homele.~~ Prefere11_0,~. Order of Waitiiig·-~t~.t Sele~~m . .. ·- IV. DETERfflINATI01'LOF APij{ICA.NTELIGIBILITY V. A. B. C. D. E. F. . Eligible Lawful Re~\gent Family Definition/ Composition .. Continuously Assisted:/:: Selectio11 from the Waitjng List Denial of Admission . Applicants Clai111Jp.g Th1.Jtjgating Circumstances . :::_·,,"· .. ,--_-' "! ·;, ·,, •• ~ '. ., • VOUCHER ISSUANCE'AND BRIEFINGS A. B. C. D. E. Briefing of Applicants Voucher Term Limit Suspension or "tolling" Voucher Payment Standard Rent Reasonableness TOC-i r::>rlc:-h::,rf l-ln11c:-ina tia,mn, -drlminic:tr::ith,~ Pl::in 1 1 2 3 3 3 4 5 5 5 7 7 7 8 8 8 9 9 9 9 10 10 11 12 13 13 13 14 14 14 VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION A. B. C. D. E. F. G. H. I. J. Subsidy Standards Exception to Subsidy Standards Initial Household Composition Additions to Initial Household Composition Other Household Additions Live-In Aide Guest Policy Family Absence from the Unit Family Break-up Joint Custody of Children VII. TENANCY APPROVAL AND HOUSING ASSIST.Jll'IC~-pAYMENT (HAP) 15 15 15 16 16 16 16 17 18 18 19 CONTRACT 19 A. B. C. D. E. F. G. Family Tenancy History Submittal of the Request for Tenancy Approval Security Deposits Damage Claim Provisions Housing Quality Standards and Inspections:, Housing Assistance Paymen{ Moves · , . '.. VIII. SPECIAL HOUSING TYPES IX. x. A. B. Special Hous_ingType·s1)y:l)~nufacturecl Home_~ . Other Special Hc;using Type~ . . . .· . . DEBTS OWED TO THE::HOUSING AGENCY --' ···-· ........ .. ~·····:··--· .. ---·-··-·· ·--.. ··-: .. . ', .. .. A. B. C. D. owne·r· {\p9licant Partj~ipant -~-~--~\:/:: ... -. Repa.YJ:Ilent Agreement~· ANNUAL AND INTERIM ~EXAMINATIONS A B. C. D. Recertification Interim Reexamina.tidns Family Moves Portability TOC-ii r ..... 1.-h..,rl Un11dnrr J\rronMt -J\rfminictr:::l'ti\lc Pl::in 19 19 20 20 20 21 22 22 22 22 22 22 22 23 23 23 23 24 24 24 XI. VERIFICATION POLICY 25 A. Enterprise Income Verification (EIV) 25 B. Self-Employment Income 26 C. Child Care or Home-Based Business 27 D. Minimal or Zero Income 27 E. Personal Loans as Income 28 F. Medical Expenses 28 XII. OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF ASSISTANCE 28 A B. C. D. E. F. G. H. I. J. Family Obligations Termination Information for Participant Illegal Drug Use (Rehabilitation) Drug-Related Criminal Activity Violent Criminal Activity Crime by Family Member . Serious and Repeated Violation of the R¢ntal Agreement Fraud or Other Program Violations · Violence against PHA Personnel Violence Against Women Ac:1:.(VAWA) XIII. PROCEDURES FOR INFORMAL REVIJJW.. OR HEAR.lNG A. B. C. D. Informal Review tAPPlicant Informal Hearr.t1g}p'~:rti,9ipant Informal Hearing Notice·to:Participant Pre-Hearing Disc9yery ·· ·· : -_ r -.. -. XIV. POLIClES,CONCEJlNINGi.JjJS:APPROVAL QF OWNERS . ---. -.: A. C R,¢.view of the Rerttaj Ag~eem~nt B. dwn~r Violations 6t'th~ HA°Ptoritract C. Disapproval of Owner.fqr "Drug Trafficking" D. Disapproval of Owner for HQS Violation XV. INTEGRATED PEST !\'J:i\~{AGEMENT (IPM) A. B. When Bed Bugs are~Reported When Bed Bugs are Discovered After Entering an Assisted Unit roe -iii 28 29 29 29 30 30 30 30 30 30 32 32 32 33 33 33 33 34 34 34 34 34 34 --: .. ·_:-.~.-··. ; . r::~}1:·. )\ f j;~t':~t(\·~:~i:;i;.~i*'::·, ::;~~~.f ~i~~::~'.' :'.-~~i:-~.:1T;_. :.r•: ,,,,:-•:{":,.,, .. ::·.L."' ........ Pag~t;\;~~t~~!~~,,;.~;;\i' :t?}?; ·-.,,z;-· -_~:~:~::. . .,. '. : -~.: CARLSBAD HOUSING AGENCY SECTION 8 HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN I. INTRODUCTION The Section 8 Program was enacted as part of the Housing and Community Development Act of 1974, which re- codified the U.S. Housing Act of 1937. The Act has been amended along the way, and its requirements, as they apply to the Section 8 Housing Choice Voucher Program, are described in and implemented through this Administrative Plan. Carlsbad Housing Agency's goal, herein referred to as the Public Housing Agency (PHA), is to provide rental assistance to United States citizens and eligible lawful residents who are very low-income single persons, elderly, handicapped, disabled, and families in order that they may obtain adequate housing which is affordable, decent, safe and sanitary in the PHA's jurisdiction. In furtherance of this goal, the PHA is committed to the policies and goals contained in the Housing Element of the General Plan and the Consolidated Plan for Housing and Community Development Programs. The PHA receives its funding for the Housing Choice Vqucher (HCV) program from the Department of Housing and Urban Development (HUD). The PHA is not a federal department or agency. A PHA is a governmental or public body, created and authorized by state law to develop and operate housing programs for low-income families. Carlsbad's Housing Agency is a divtsion of the Housing & Neighborhood Services department of the City of Carlsbad. The PHA has entered into an Annual Con~ributions Contract (ACC} with HUD to administer the program requirements on behalf of HUD. The PHA mllst~nsure compliance with federal laws, regulations, and notices and must establish policy ~.n~ procedures to clarifyf~deral requirements and to ensure consistency in . --. program operation. Administration of the Section 8Program and the functioniand responsibilities of the Carlsbad Housing Agency staff shall comply with the City of.ta.rlsbad's·Personnel Policies, HUD Section 8 Regulations as well as all Federal, . ·-. - State and local Fair Housing Laws a rig flgguli:1tions~ . . The City of Carlsbad is committed ~o a regicmal approach to meeting housing needs and collaborates with the San Diego Assod~ticm of Governm¢r,t~ (SANOAG) and with other cities in the region to encourage region-wide application of federal and state h01.islpg.funds and programs. The PHA will revise the Administrative Plan, as required, to comply with changes in federal regulations. A. Local Objectives Mission of Housing & NeighborhoodServices: Enhance the quality of life and sense of community for those who live in Carlsbad by providing better connections to city information and services and through focused program development and implementation, community engagement and outreach services and provision of affordable housing opportunities. The Section 8 Rental Assistance Program is designed to achieve three major objectives: 1. To provide affordable decent, safe and sanitary rental housing, of a modest (non-luxury) nature, for very low-income families. 2. To promote freedom of rental housing choice and spatial deconcentration of very low-income families of all racial and ethnic backgrounds. 3. To provide an incentive to private property owners to rent to very low-income families by offering timely assistance payments and annual inspections. r-.. .. l""h ... ~ Un11c-inn l\nonr" _ l\nminictr::1th,c Dl::an In addition, the PHA has the following goals for the program: 1. To assist the local economy by increasing the occupancy rate and the amount of money flowing into the community. 2. To encourage self-sufficiency of participant families. B. Purpose of the Administrative Plan The purpose of the Administrative Plan ("Plan") is to establish policies for carrying out the Section 8 Housing Choice Voucher (HCV) Program in a manner consistent with HUD requirements and local objectives. The Plan covers both admission and continued participation in the Section 8 HCV Program. . Authority for PHA policies is derived from many sources. Primarily regulations and guidance issued by HUD. State law also directs PHA policy. State law must be followed where SlJCh law exists and does not conflict with federal regulations. In the absence of legal requirements or HUD ~l:Jidihc:e, industry practice may lead to PHA policy. · · Housing and Urban Development {HUD}. HUD provides the primary sb(Jrce of PHA policy through federal regulations, HUD Notices, and handbooks. Compliance with federal regulations, current HUD Notices, and HUD handbooks is mandatory . . HUD provides non-mandatory guidance to PHAs through JI UD published guideoook.s,~ Expired HUD Notices and handbooks also provide guidance for PHA policy. FollowifitJctJJD guj'~ijnce is option°afrc1..~ long as PHA policjes comply with federal law, federal· regulatior1~,:·:~pd mandatoi{/p'gJJ~y.YYBecause HUD h~-~lrready determined that the guidance it provides is consistent with M~)idatQry policies/PltfAreliance on HUD guidance provides the PHA with a "safe harbor''. · :, ·· ··· · · · ~ :, Content contained on the HUD ""~R~ite can provi~e furtherel~,rificationrc~fHUD p'olicies. For example, FAQs on the HUD website can provide dir_e{±iO·n~~;m the applip~tion 9fJi8J~rnlregulat1ons to a specific situation. State Law. Where there is no:r11andato~'federal gufdanc~,\;:~'As-~lfsfcomply with state law, if it exists. Where state law is more restrictJv.~ than f~iieral law, btif ~oes not conflict with it, the PHA should follow the state law. ·::.;c:·.. ·a ' . Industry PracttG~(\/Vhe'refrio_fawor H:tJJJ):~µtho~it/~*-l§t§ orf~ particular subject, industry practice may support PHA policy. An)r·~Gstry practice is~ way·ofconductirig ousiness and setting policies that are followed by most housing authorrtJ~~~ . - -~ :· . ' . . The PHA is responsible;forcomplying With all changes in HUD regulations pertaining to these programs. If such changes conflict with th'if P,l~n, HUD regijl9tions will have precedence. The Housing Commission and the Community Development ·cm11mission_ rriu~t approve the original Plan and any amendments. An adopted copy of the Administrative Plan must be{suprnitf.~d to HUD. This Plan fulfills the HUD regulatory requirement that PHA's adopt a written administrative plan that establishes local discretionary policies for administration of the Section 8 program in accordance with HUD requirements. The Administrative Plan is a supporting document to the Public Housing Agency (PHA) Plan and must be available for public review. This Plan does NOT include all HUD regulations concerning the Housing Choice Voucher Pr.ogram. This Plan is to be utilized in conjunction with the PHA Plan, HUD regulations, HUD Voucher Program Guidebook, HUD Handbooks, HUD Memorandums and PIH Notices. The user of this Plan is advised to consult the above listed documents for detailed information and guidance. r.;:irlc;h;:irl Ho11c;ing A11P.ncv -Administrative Plan 2 C. Code of Conduct All officers and employees will comply with the City of Carlsbad policies as well as those mandated under the conflict of interest requirements of the Housing Choice Voucher Program. The conflict of interest provision under 24 CFR 982.161 prohibits the PHA, or any of its contractors or subcontractors, from entering into any contract or arrangement in connection with the tenant based programs in which any 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. 2. 3. 4. Any present or former member or officer of the PHA (except a participant commissioner); Any employee of the PHA, or any contractor or subcontractor or agent of the PHA, who formulates policy or influences decisions with respect to the programs; Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the program~; and Any member of the Congress of the United States. Any members of the classes described in this section must disclose theit;:ir,it,~rest 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 wHI comply with all requirements that prohibit the solicitation or acceptance of gifts or gratuities in excess pf a nominal value ():f $25. . . . All PHA officers, employees, contractors, subc:~ntractors, or agentsWHI conduct business with integrity and in an honest and professional manner. /::: ·· · · · · :·: Any violations of the PHA Code of,cm.duct and Cify of Carlsbad ethical sfijnq~rds policies, including those contained in the City of Carlsbad 'Git{Co~e; Personrt~I Rules; Housi_ng_ & Neighborhood Services Department rules and regulations; and apt1:IJ~able Men:1c;>r,anda oflJ,nd_et~anding (hi_~luding standards of co.nduct specified within), will result in disciplina11(,a_c:tion ra~~ing from leue.·r(s) of warning to termination of employment and/or contract. Opportunitymay be offet~d, on·a c~~e~by-case· basis, to correct a conflict of interest. The Code of Conduct will be cqmmunif~i~P to th~ ~bo_\/e<grOYP? µpon iriiti~I employment, prior to execution of a contract, and at least a11n11.'Mly~ · · · · · ·'·, ··· ·· · · ·-:.,; · ·. D. Administrative Fee Reserves The Community Development Commiss.fon must approve expenditures of the administrative fee reserve (operating reserve) in excess pf $50,000,'Such expenditures must be used for other housing purposes, as defined by HUD. II. FAIR HOUSING POLICY It is the policy of the PHA to comply fully with all federal, state, and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. PHA staff members may be required to attend fair housing training. The PHA shall not deny any family or individual the opportunity to apply for or receive assistance under the Sectio~ 8 Program based on race, c<;>lor, national or e.thnic origin, age, religion, sex, familial or marital stat~s, disability, sexual orientation, or sex/gender identity and expression. C:r1rl~hr1d Hou~ine-Ae-encv -Administrative Plan 3 The PHA will provide federal/state/local information to Section 8 applicants and participants regarding "discrimination" and any recourse available to them if they feel that they are victims of discrimination. The following information will be provided during the initial program briefing session and included in the Section 8 briefing packet: applicable Fair Housing Information, HUD-1260-FHEO Fair Housing Handbook, and Discrimination Complaint Forms. This information will also be given upon request. In addition, Fair Housing . pamphlets in English and Spanish are displayed in the PHA's lobby. Upon request, PHA staff will be available to assist applicants and participants complete Discrimination Complaint Forms. To further the PHA's commitment to full compliance with applicable Civil Rig~ts laws, the City of Carlsbad contracts with the Center for Social Advocacy (CSA) San Diego County, a non-profit corporation 501{c)3 registered with the State of California. This organization is an advocate for human and civil rights. They provide fair housing workshops and tenant/landlord mediation. In addition, CSA San Diego County has published a handbook 'BE INFORMED -Rental Housing Handbook' that is also published in Spanish. The publication is available in the lobby and included in the HCV briefing packet. A. Accommodations A person with a disability may require special accomm.c;>tlations in order to have equal access to the HCV program. The types of reasonable accommodations the f>HA can provide includ¢ changes, exceptions, or adjustments to a rule, policy, practice, or service. Federal regulations stipulate that requests for~ccommodafiqns.w.1l.Fbe considered rea:sonable if they do not create an "undue financial and administratlvi!J.urr.Jen" for the;·p.aitor result in a "funda'menta/ alteration" in the nature of the program or services offered/An Ond.~f:!. financiaFb'.ur.~en includes one that when considering the available resources of the agency as a who lei: grantin&:tt:w reasonable accommodation poses a severe financial hardship on the agenc;:y. A Jur1damental alteration i{am<;>dification that alters the essential nature of a provider's operations. The PHA's office is located at: :iigo Carlsbac;IVillage Dr1veI Carlsbad, CA 92008. The office is accessible to persons with disabilities. AccessltHHw. for the'.:he~uing-impair~d is provided by the State of California Communications ~y~e111:s:-rr~ accomn,e>~.atkirf PP(if~ is appl.tcable to all situations described in this Plan. It is applied at the ~lmfa·M~.appht~.h.~;;Qrpartitfpant initiat~{cortt.ah with the PHA including when an applicant family applies, when .. th~)>HA initiates coryt,a..ct with·~ family, ana°'when the PHA schedules or reschedules an appointment. · .: The PHA's policies and ptcictices will be designed to provide assurances that all persons with disabilities will be provided reasonable accohlmodation sq'that they may fully access the Housing & Neighborhood Services Department and services. Requ~~ts for:reasonable accommodation from persons with disabilities will be considered if the request does frotcrea~e an undue financial and/or administrative burden or result in a fundamental alteration. A third-party verification will be required that documents that the requester is a person with disabilities and also certifies that the person's impairment limits their participation in the Section 8 program in a specific way that can only be alleviated by the requested accommodation. Third-party verifications must be provided by a professional competent to render the opinion and knowledgeable about the requester's situation. A designee will be allowed to provide some information, but only with the written permission of the person with the disability. A list of accessible rental units for persons with a disability is available in the lobby; are included with the Voucher Briefing packet, and will be provided upon request. Housing information and materials are displayed in locations throughout the PHA's office that are easily readable from a wheelchair. r::irlc:h:ui I-In, 1c:ina Aa,:i,nrv -Arlminic:tr;:itivP Pl;:in 4 B. Equal Employment Opportunity The City of Carlsbad provides equal employment opportunities to all potential job applicants and employees in accordance with the City of Carlsbad's Equal Employment Opportunity Policy. In employing personnel for all housing programs, the PHA will follow non-discrimination guidelines. C. Owner Outreach The PHA encourages owners of decent, safe, and sanitary rental units to rent to Section 8 participants. The PHA maintains an ongoing list of available rental units and interested owners/property managers. The list is available in the lobby and is updated on a monthly basis. When listings from owners/property managers are received, the PHA staff will compile them by bedroom size and date of availability. Actions to encourage participation by owners of suitable rental units lo.cated outside areas of low-income and minority areas: 1. The PHA maintains communication with the San Di.ego County Apartn,~nt Association and local property management companies. These resources wiHb.e ,used to make owners ~\1\/are of the benefits ofthe Section 8 Rental Assistance Program. . .. 2. In order to expand participation of new owners wh?_are interested in the program or are unfamiliar with the program, the Housing Program 1V1a,11ager will cafl the pro~pe~ive owner to explain the benefits of the Section 8 program and encourage theirpa~idpation. 3. Housing representatives will attend ldca_l agen,cy ~nd community fairs to increase awareness of the program and benefits for owners. Housingrepr~sent~tives wiffaJ,sC> participate in Owner seminars/workshops, whie.h.,"r~ organized in coordihatio.n ()f with 9~.her local housing agencies, San Diego County Apartm~~(As[bciclticm, North C<)IJnty,l\parfrnent M~Aagers Association, and local property management compani~s.~ . , . . 4. Owner information patk¢.t~ describing the benefits9f the rental assistance program will be available upon request. 5. The PHA,'Atinma.r~etthe Sectk,h:?.:prngr~m by.~pnducting Rental Owner workshops for prospective owner,s_ p,~riodically to ·e~pl;~in th~_program benefits, especially during periods of low voucher utilization and low'vc;tcancy rates. 6. The PHA will Utilize the media/~ncludfrig newspapers, magazines, internet, television, and radio to market the Section 8 program as dete'ffuined necessary. The PHA will periodically evaluate the distribution of assisted families to identify areas within the jurisdiction where owner outreach should be. targ¢.:t.ed. D. Family Outreach Outreach will inform all eligible segments of Carlsbad's population of the availability of the Section 8 Rental Assistance program. If applicant groups are not reflective of the eligible population, additional outreach aimed at targeted groups will be increased. The PHA will publicize the availability of rental assistance for very low-income families in newspapers of general circulation, minority media, and by other suitable means. Notices will also be provided in Spanish. In addition, the PHA will distribute fact sheets to the broadcasting media, and initiate personal contact with members of the news media and community service agencies to utilize public service announcements. r::irlc:h::in ~n11c:ina dacnn, -drlminic:tr:::ith,i:a Pl:::in The following is a list of media that may be used: 1. Daily Publications U-T San Diego U-T North County Coastal 2. Weekly Publications Hispanos Unidos The Reader The Coast News La Prensa San Diego 3. T.V. Stations Channel 24/126 -Carlsbad City TV (Time Wan,~:r Cable) Channel 99 -Carlsbad City TV (AT&T U-V~rs~l- Channel 5 -KSWB Channel 8 -KFMB Channel 10 -KGTV Channel 39/Cable 7 -KNBC .' . . . :. Liaisons have been established with a variety of city and co~.r:ity age_n_e1~~' private sO~i,~,1-~:~rvice agencies, non- profit agencies and special interest groups. ThEtPHA will comniµ171i¢~tf:!'the status of rent\d assistance availability to the service providers in the community, advising them of eligibflity factors and guidelines so that they can make appropriate referrals. Community conta:dt~Jn~ll:ld~_but are ri:ofljrnited to the following: Access Center Aid to Veterans of Am.~ri¢a· Association for RetartJ'~d Citizens" Brother Benno's Carlsbad Unified School District .. , .. · Camp Peng1jaJ9.t[itlqqsing R~fJrr~(f:··- Catholi~:thi:riti~t··.··:·-':: .. ··-.. -·. ·.· Casa de:1111paro _ . Community]J1terface Services •• •• • --.-.~· ,:"*~ • •• -. ·:. DepartmenfofR~habilitation, -St:ate of California Employment Dev~l'qpment Departn,ent Health and HumarfServices Agency, County of San Diego Interfaith Community Sery_ices .. La Posada de Guadalupe Legal Aid Society Lifeline Community Services MAAC Mental Health Systems, Inc. Mira Costa College MITE, North County North County Career CenJer North San Diego County Association of Realtors Palomar College Regional Occupation Program Salvation Army r--1-L.-.J 11-..... :--"----•• A ..J--;"""';,.._.,...._+i.,,... nl..,n Senior Center SER -Jobs for Progress Social Security Administration Veteran's Administration Women's Resource Center E. Limited English Proficiency (LEP) Language for Limited English Proficiency Persons (LEP) 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. To ensure equal access, the PHA has three bilingual staff who are available to act as interpreters and translators and to standardize documents. At the request of an LEP person, they will be permitted_:!O-use, at their own ,~xpense, an interpreter of their own choosing, the interpreter may be a family memp~r_cfr a friend who is 18\teJirs or older. III. ADMISSION TO THE HOUSINGJ~HOICE VOUCHER TENANT-BASED PROGRAM An applicant for the HCV Tenant-Base_d Program·-91atb~~~dmitted to th~program by two methods: 1. Special Admission:·T~~,fHA may reGeive specii:il purpose lurtding or grants for specified families or for a specifjed',categor{qf families.:i:,~\JCh J1.9.us1nga~~i.~tan~e funding shall be for the individuals and families 1ndijcated in thefederal, State)>r local ordinances, rules and regulations. A specific waiting list may·b~ necessary for each sp(;!e,~~I category of eligible families. Separate notices, special program rui-~i~_ncljnfe>rm-~tion wilfoe. ,made available to the public and to the targeted incdjvlduals-andJamilfesL:F(if-example;-,th~ PHA has been allocated 75 vouchers under the Non- lld~rly Personswi.th:rnsabiUtles Program.J]1e.se 75 vouchers are set-aside for households in \,vhi<::h the head cfrspg~se is a non-elderly person with disabilities. 2. Waiting bist Admission~J:)ccept for.special admissions, participants' shall be selected from the PHA waiting list. The PHAshall select participants from the waiting list in accordance with the admissionand equal opportunity policies described in this Plan. A. Waiting List Collabora~~~~etween Housing Agencies In regards to the Section 8 Waiting List, the Carlsbad PHA has adopted a collaborative policy, with the five local Housing Agencies in San Diego County. This policy allows applicants to transfer their waiting list application from one housing agency's jurisdiction to another housing agency's jurisdiction, maintaining their original date of application if the applicant lives or works in that jurisdiction. The PHA, upon request from an applicant, will forward a waiting list application in the event that the applicant moves or is working in another agency's jurisdiction. Conversely, the Carlsbad PHA will accept a waiting list application from another San Diego County PHA if that applicant either lives or works in Carlsbad's jurisdiction. Upon acceptance of such application, the PHA will integrate the application into the current waiting list preserving the original date and time of the initial application. An application for a specific date from another local Housing Agency will be accepted one time only. If the application is denied for any reason or the applicant fails to use a voucher issued by the PHA for any reason, the same application will not be accepted again on the PHA's waiting list. r--1-L-..J I•-··-=--A----• A..J-:-: ... ~ ... .-..+.:,,,.. nl-.""' -, NOTE: the City of Carlsbad's waiting list has been closed since October 1, 2005; waiting list applications WILL ONLY be accepted from another San Diego Coun~y PHA i/the applicant either lives or works in the City of Carlsbad. B. Waiting List Administration The PHA's Section 8 Waiting List is currently closed and has been closed since October 1, 2005. An applicant's eligibility for a local preference will not be verified until the applicant's name comes up for eligibility certification from the waiting list. In the event that there are two or more eligible applicant families with identical preferences, the one with the earliest date of placement on the waiting list will be selected first. The waiting list will be maintained by application date and local prefere.nce. When the PHA opens the waiting list, applications will be accepted from eligible citizens and eligible l~Wfu;I residents who are very low-income single persons, families, elderly, handicapped and disabled. When::th,1e·:p,re-application is received, the date and time of the applicant's information will be documented for plQc~frt~'riton the waiting list. A letter of confirmation will be sent to the applicant advising them o~ th~ir~status oh the waiting list. In addition, the letter will advise the applicant household that it is their responsibHity to notify the PHA, in writing, of any changes in their address, income, household composition, or anyc;,tner changes that may aff~g: their eligibility for a local preference. C. Waiting List Purge --.. -,: ·.•··· Periodically, the PHA will conduct a purge of thg wa'itiog list. An appltca,nt will be mailed a notification requesting an update in information and inquiring whethetthey,~re.stiU intereste<fin remaining on the waiting list. The PHA will withdraw a house_~old~s~~ijpJication frqrn ,the \o/fjt[ngJist whenr· 1. 2. 3. 4. The applicant does nott~~pond tom,~ PHA's writ.t~rfrequest fc:ir-lnformation or updates. The applicant refuses anibffe,r of as~i#ance under\b,e Housing Choice Voucher program. The PHA ha~Jo.fpr~_ation s0~$t~~tfa'.tfogJr~yd on th~~:;P.art ofthe applicant. The PHAJi.~(irtformatiQn thafa~ti{hbu~~-hold':rn~n:ibcJ,tjs currently engaged in drug-related activity, violent:httritl~al activity,:~n~/or Ere_gg~ged in abo$~:of alcohol or has a pattern of alcohol abuse that may threateNththealth, safety,'_o[Iight tq: P,~aceful enjoyment of the premises by other residents. 5. 6. Based on uWtt~ted informatiohr~ceived, the applicant is determined ineligible. The applicant r~qlJests removaLc;:,f;their aifplication from the waiting list. t ·-·· The PHA will notify the applic_arit, in writirig, of the intention to remove their application from the waiting list. NOTE: If the applicant has mo~e.,d ?ftj:~ there is no forwarding address or if the applicant has been reported as deceased, a second letter will not be mailed. D. Admission Preferences for Selection of Applicants Single Eld~rly, Disabled, or Displaced Person. A single person who is elderly, disabled, or displaced is selected or assisted before a single person who is not elderly, disabled, or displaced. Income Targeting. HUD had mandated that PHA's assist 75% of applicants who qualify as extremely low income, applicants who are at or below 30% of the area median income (AMI). The PHA will give a preference to those applicants who fall in the category of extremely low income based on 30% of the area median income and their household size. Applicants with incomes above 30% of the area median income will be placed back on the waiting list until the applicants who live or work within Carlsbad and whose income is at or below 30% of area ,-..., .. 1,.1,,...,,1 u,.., ,,.1,..n Ano,..,..,_ l\rlminic-tr-:itiuo Dl-:in A median income have been selected from the waiting list. Local Preferences. The PHA has established local preferences; an applicant who is a resident of or employed within Carlsbad will have preference over an applicant who is not a resident or is not employed in Carlsbad. Applicants may also be eligible for local preferences in the following order: 1. Displaced by government action or natural disaster. 2. Veteran's preference. A head of household or spouse who has been discharged from military service under honorable or general conditions (with the exception of dishonorable), or a spouse of a deceased veteran will have preference over non-veterans. 3. Chronic Homeless. Carlsbad has designated 10 vouchers for chronic homeless who are referred through E. Order of Waiting List Selection Applicants will be selected from the waiting list in accordance with.Jhfdate and time of application and the preferences that they are claiming on their application. Selection e>f'aJ.lp.licants will be made in the following order: Applicant resides or is employed in Carlsbad: 1. 2. 3. 4. 5. Extremely Low-Income Household (Income by household size is at or gelow 30% of AMI) Chronic Homeless Displaced by Government ActiQ.11 or Natural Disa~t~f/0 . Head of Household or Spous:e:qy~lifi~s for Vetera"r1t{Preference .:·:/\: All other Applicants -.. Applicant does not reside or is not groployed in Cail$.bad: 1. Extremely Low~Jntom·eHo.usehold (ln~9me by househgl,d_ size is at or below 30% of AMI) 2. Chronic Homeless 3. Displaced by G~V~_r,n,ment A:~ion or Natur~LDisaster 4. Heaq of J-IQusehold"6r,ppo'µ~~-iqifali_fi.~s for Veteran's Preference 5. Al(t>iher Appli~:'mts . . . - V. DETERMINATION OF AeJ>LICAN'I';:ELIGIBILITY A. Eligible Lawful Res~~ent In accordance with Section 21L(Qf.the Housing and Community Development Act of 1980, as amended, the Secretary of the U.S. Department ofHousing and Urban Development (HUD) and PHA's are prohibited from making financial assistance available to persons other than United ~tates citizens, nationals, or certain categories of eligible non-citizens in HUD's Public Housing and the Section 8 Housing Assistance Payments (HAP) programs. B. Family Definition/Composition 1. A "family" may be a single person or two or more persons who share residency and whose combined income and resources are used to determine financial eligibility. 2. A "family" inclu~es a househ(?ld with a child or children. 3. A "family" may be a group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aide(s). r-.rlrh ... ,1 Un,,r-inn l\nonMt _ l\,lmini~+r~+iuo Dl::in q 4. A "family" may be a single person. 5. A single person may be: a. an elderly person; b. a disabled person; c. a displaced person; or d. any other single person, such as the remaining member of an assisted family. NOTE: A child who is temporarily away from the home due to placement in foster care is considered a member of the family and counted when determining what size subsidy standard to issue. During the intake period, an adult child who is away from the household attending school or who is in the military is NOT considered a member of the family for determining the subsidy standard. C. Continuously Assisted An applicant is continuously assisted, under the 1937 Housing Act, if the.f~mily is already receiving assistance under any 1937 Housing Act program when the family is a<i_miti:ed to the v~u~her program. D. Selection from the Waiting List When the applicant's name has reached the top of the \/V~i~1ng list am;Lthere is an av~iJable voucher and/or funding, an Intake Packet will be mailed to the ~pplicant to 'cOrnpl_~te/si,n, and return~\Jp9n receipt of the completed intake paperwork, the informatio:n Js revi.ewed to d~teril'i1ne if the applicant appears to be eligible. If the applicant appears to be eligible, they will be invite·qJ<J attend ·a,lir:qup Intake appointment and an eligibility interview. The certification period will begin as ofthe daf~to.fthe Group,1ritake appointment. Applicants made inactive on th.eJ,v~it:ing}ist will be giyen th~/b~h~flt.of th:e·doubt' if there is a possibility that they were removed from the Wait1~g lishhrpugh no 1iµ!tqfi°h~ir.own.J~ order to be reinstated, applicants must submit a request, in writing, asking to be f~iristated on~tf.ir~aiting list and give an explanation for their request. Reinstatement requests will be revi~wed .b·/~he. Housin{l?rngram Manager for approval. -__ . __ ·;·_· ..: ..... ·.-,., -----· Reasons that m?y;b~ cohside.re~(wheffdef.e~mi~in~ WpetJ1er}or not to reinstate the application: • Applic~i,i·states that the{hijd submitt,ed a chantiiof address to the PHA; • Applicarifstc:1tes that they H~ti,.l'lot ch:ahg~d their address, but did not receive the paperwork; • Applicant r~tjuests reinstateri1¢ht as a ~~·aspnabl~ accommodation; or • Applicant req~ests consideratibiiJJue to anbther circumstance, such as medical, family emergency, etc. If approved for reinstatement, the appli~ant will receive their original date of application. A letter with updated waiting list information will be ~ail~c;;I ffrthe applicant. If the reinstatement is not approved, the applicant will be mailed a letter informing them tha{Jf,ley will not be reinstated and that they will need to reapply. Except for an extreme circumstance, applicants may only request reinstatement one time. An applicant family that is selected off the waiting list will be determined to be eligible or not eligible to continue with the eligibility process. This determination will be made based on the information provided on the Personal Declaration, the supporting documents submitted and independent verification by the PHA. The family must be eligible for the preferences that they have claimed, the current income limits, and jurisdiction priority as of the date their application was selected from the waiting list. A family change in circumstances after the date the family was selected from the waiting list for the eligibility process will not be evalu~ted. The change will be documented but it will not negatively impact their position during the eligibility process. However, if the family's change in circumstances is prior to voucher issuance and 10 results in the family's income exceeding 50% of the Area Median Income (AMI), the family must be denied program admission. If the family is determined to be ineligible as of the date the family was selected from the waiting list, the family will be required to reapply for placement on the waiting list (if the waiting list is open). If the family's income increases after it was issued a voucher. The income increase will be handled in accordance with the PHA's current interim policy and may not be processed until the family's next annual reexamination or when the family moves, whichever comes first. E. Denial of Admission The PHA shall deny an applicant admission to participation in the rental assistance program under the following circumstances: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. If the applicant has breached a repayment agre~roent a.nd owes money to any PHA. However, the applicant will have the opportunity to resolve t'he situaticm "'Yith the PHA and may be considered to continue the intake process if the appliQaritprovides proof that it is in good standing with that PHA. If an existing repayment agreementjs in good standing, inJgnnection with any housing program under the United States Housiri&~ct of 1937, the applicant may continue making payments or pay in full and be approved foF:continue~f::processing. :-._ , •• l.:'1" •• ' • If the applicant, as a previou{p~{ti~ipant in a~y·n:?rl't~i ~ssistance program,: has not reimbursed the PHA for any amounts paidt_~ a·n qvyr,er under a-tcmtract for rent or any other amounts owed by the family under the lease or'for a vacat~d unit. If any family mem~er ~ommits fraud~. bribefy)orpther cofrupt or criminal act in connection with any federal ho.u~ih1f:a~sis~arce progr~m-.. :·' If the family hasvioiated inyfamily obUg~~i8.°riundefth~,program(s). If the applicant 1$ currently:~~_gaging in d~µg~related criminal activity or violent criminal activity, including criminal activity ~i[an_yfamily or;hpusehold member. Currently engaging in illegal drug, orvjolenfc.dn.,inal activi.w::rni~ns that.cJn inai~i?ual has engaged in the behavior recently enough to'iµ:~tit/th:~t-tHe indivtd~ij"i) behavi6-.-J~ (:µrr~rtt. . ·w::~ny adult memh~dails tcf$.~gq consen'tfdtms for obtaining information. lfifr.the last three ye~rs, a PfllX:tJas ever terminated assistance under the Voucher program for any m~mber of the fami!y. ,C • If the farriiJy: has engage~ in or threatened abusive or violent behavior towards PHA personnel. If any memb,$rpf the ho_y~ehold is subject to a lifetime registration requirement under a State Sex Offender Regt~tratiP.Oiprogram. The PHA has re~sbn_abl~ ta use to believe that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. Any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. The PHA determines that it has reasonable cause to believe that a household member's abuse or a pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents. A member of the family engaged in violent criminal activity during the past three years. Violent criminal activity is any criminal activity that has as one of its elements, the use, attempted use, or threatened use of physical force substantial enough to cause, or be likely to cause, serious bodily in_jury or property damage. ,-.-.• 1-1---l ''-··-=--A----• A.J-:-:_.._ __ .._: •• -nl--, , 14. A member of the family engaged in illegal drug-related activity during the past three years that involved sales, transportation, manufacture, or possession for sale. 15. A family member engaged in other criminal activity during the past three years that threatened the health or safety of the PHA, owner, employee, contractor or agent of the PHA or the right to peaceful enjoyment of the premises by other residents. 16. In the past three years, a member of the family was evicted from federally assisted housing for illegal drug activities or personal drug use. This does not apply if evidence of rehabilitation is provided or the violator is no longer a part of the household. 17. In the past one year period, a family member has engaged in illegal drug use or possession of drugs for personal use. This does not apply if proof of completing or participating (in good standing) in a supervised rehabilitation program is provided or the violator is not a part of the household. The event that triggers the denial shall be based on the d.atithat the applicant engaged in the criminal activity. The date of determination of eligibility is the Jhit~.thatthe family's name is pulled from the waiting list. F. Applicants Claiming Mitigating Circumsb:l~~~s If negative information is received about an applicant/fh~RHA shalLepnsider thlHtn.~, nature, and extent of the applicant's conduct and factors that might indicate a r~f=is9n~_t>.:I,~ p'robability of fufor~ favorable conduct. To be considered, mitigating circumstancef~:~~!_.?.e verifiabr~1·]~isTT··· .. · . •. ;· ,!:~-~1 •; .• ~~i,::j_,~ --· An applicant may present mitigating evidendr:tc~tdver'.¢9.me a crirrifrr~Lrecords-based denial. Mitigating circumstances are facts relating to criminal histcitv, thatlw.~~n veriffed;Jn.dicate (1) the reasons for the unsuitable criminal history or ~~flavior:;_and (2) th~t.Jhe re~$9h:J9r the.Hn~µitable criminal history or behavior is no longer in effect or is ur10:~rt6ntfol,]~,stifying ~:gr))i~,~ion>rviitig~ti_pg circumstances may overcome or outweigh information alreadY'gathered irt-t~e screenlf!trNocess. If the applicant asser1:s __ that the mitig~ti11:t~!r9µn,_~tancest~late to a disability, medical condition, or treatment, the PHA'.sh~II evalu~te theJWldenceal'idNe.ri!Ythe mitigating circumstance. The PHA shall also have the right•t<1_~~q~est iurth~r inform~tipn nece~§~-cyJq verify the mitigating circumstance. Such inquiries will be limited toth.e information r1~~essaryt9 verify th«?rnitigating circumstances or, in the case of a person with disabilities, ·to)terify a reasona.Q_r'e ?ICCOtnIT(Q~ation. . . . ' . . . . . . In its decision to deny 'as~istance, the R~~ may consider the seriousness of the case, and the effect of denial of assistance on other family m~mbers wh9,were not involved in the action or failure to act. The PHA, if it admits such a family to the program, may imppse as a condition of assistance, the requirement that family members . . .... who participated in or were culpc11?.l.e :tor the action or failure to act will not reside in the assisted unit. l Examples of mitigating circumstances may include: 1. Evidence of successful rehabilitation. The household member who engage_d in drug-related criminal activity or alcohol abuse has successfully completed a supervised drug or alcohol program verified by the PHA. 2. Circumstances leading to the criminal activity no longer exist (for example, the criminal household member has died or is imprisoned). 3. Evidence of the family's participation in social service or other appropriate counseling service; or 4. Evidence of successful and sustained modification of previously disqualifying behavior. 1? 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 the 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. V. VOUCHER ISSUANCE AND BRIEFINGS A. Briefing of Applicants After an applicant is determined eligible, the applicant will be scheqUled for a Voucher Briefing session. By request, individual, or at-home Voucher Briefing sessions will be conducted based on the needs of the eligible applicants. Separate briefings will be conducted for non-English speaking appliF.ants when necessary. The briefing format will be an oral presentation with visual a..ids. the briefing will incrµde a description of how the program works; family and owner responsibilities; and where the family may lease c:1_rental unit, including transferring assistance to another jurisdiction. The briefing yvill also ~>tpJain the porfa~JHtv process and relocating to non-impacted census tracts. Applicants wiU :be given a Vouch7r__6.ffofihg packet, which.'Jpcludes materials and information as outlined in the Federal Regul~tions. The Vouchetad~:fing packet will include literature concerning, but not limited to: term and the s·J:sp.ens1pr1pf the vo.uthgr,. voucher payment standards, utility allowances, HUD-required 11 lease addendum 11 , R~quesffo,~ff~nancy Appr:qyal, PHA subsidy standards and PHA's policy on granting exceptions toJ~~:s..ybsidy stand~rc:i.s, HU[);l.:>rq<:h~re ortt~J.ecting a suitable rental unit, HUD lead-based paint brochure, HUP.:E~i?HQ~.~tpg pamphlet, f?1ctii!y-~6ol,ig~tl9.ns m~der the program, the grounds on which the PHA may deny or ter~inate a~~~~~nce, reason~:bie accommodation policies and the PHA informal hearing procedures. B. Voucher Ter:rn Limit ·;-.11:,_>'••:. For participant'i·w:ho are portin~ intP the PHA'~ jurisdictioh, the voucher issuance and term date will be determined by th~ initial Housing Agency. For current participating family's, the voucher will initially be issued for a term of 120 days. For an applicant, the issuance date is the date of the briefing. For a participant requesting to move or port to another jurisdiction,the issuance date is the earliest date the participant is eligible to enter into a new contract. Upon written request by the famJly, a_ one-time 60-day extension will be granted to accommodate a person with disabilities. The family must complete the request form provided by the PHA. Extension requests must be submitted on or before the voucher expiration date. The maximum term of the voucher is 120 calendar days from the date of issuance (except for reasonable accommodation and extenuating circumstances as noted below). Extensions beyond 120 days may be granted as a "reasonable accommodation" for a person with disabilities. Extensions beyond 120 days, other than those for "reasonable accommodation", will only be considered for extenuating circumstances in which the applicant/participant, through no fault of their own, was not able to sea._rch ror ~ousin~. Third-party docume~tati~~ w~ll _b~ required for e~ensions ~eyond 120 ~~ys. The exten_~ion granted will only be for the amount of the time that the applicant/participant was not able to search for housing. A request for an extension may be approved for extenuating circumstances that include hospitalization, serious J r--•-L-.J ••-··-:--"----·· n,J-:-:,..~ ... "'•t,.,.., n1...,,""" 1 ~ 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. 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. Under no circumstances will the voucher be extended past one year from the original date of issuance. C. Suspension or "Tolling" Once the participant submits a Request for Tenancy Approval (RFTA), the term of the voucher is suspended. Suspension (tolling) means stopping the clock on the term of the vouch~r. The suspension of the term starts the day the RFT A is received in the office up to the ·date when the PHA ~~t'.~¢\les or denies a RFT A. Suspensions (tolling) will only be granted when the unit is not approved due t~r~ltq~tions beyond the control of the family. There will be a 60-day maximum suspension period. If the PH~jfLJhab.le to approve the unit within 60 days from the date of the suspension, the family must look for anoth~runi{ On the 61 st day, the clock will begin and the remainder time of the voucher term will be calculated. <. · If a RFTA is denied by the PHA, the term of the voucher:WilJ.. resume effective the clij~~ of the denial. The PHA will change the dates on the voucher to reflect the appropriale!t~rm dat~)1:nd note the re·~,~on for the suspension. The PHA will allow suspensions as reasonabl~ accommodatidn)gcci)f~°frllly with a disaffl~:g:family member to allow equal access to housing opportunities.·.... ' · , '" > ,Ci:> • · D. Voucher Payment Standard The PHA will review the vouch~tpaym_ent standard/a$ needg~:.i"<l.~IJ$Ure ·effective utilization of vouchers. The PHA will take into consideratlPfF~vailabi~Junding, thinqlillfeFof fa-tHju~.s on the waiting list, the availability of affordable housing, the prev~fling fair m~rk~t rents for-ae·cent, safe and\anitary housing in the community, and the ability of participants to pa\?~ent~xceedfng the payrtiEW! standard . . ~_:. ·:_-·:~ :·;~ ~-; E. Rent Reasonabl'efi~SS: The purpose ofthe;-~ent Reasonabf~,1~ss te'st·iHo determ.ine that a fair rent is paid for units selected for participation in th~4{~r:i.tal Assistance}tr.o.grani and the Section 8 program does not have the effect of inflating rents in the commu~ity~;,'.~~.nt reasonah:1·epess determinations are made when units are placed under contract for the first time, before anfsn.qn~ase in renttp the owner, and if there is a 5% decrease in the published Fair Market Rent. The PHA will a'~~en:nine whether the rent to owner is a reasonable rent in comparison to rent for other comparable unassisted uni~ •.. To make this determination, the PHA.Will consider: • The location, quality, size, unit type, and age of the contract unit. • Any amenities, housing services, maintenance, and utilities to be provided by the owner. 1 .4 VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION Subsidy standards determine the number of ~edrooms allocated to an assisted family. The subsidy standard is based on the family composition at initial eligibility and will be reviewed each time there is a change in the household composition to ensure that the assisted rental unit is not in violation of overcrowding per Housing Quality Standards (HQS}. Port-in families moving into this PHA's jurisdiction, from another Housing Agency, will be subsidized based on this PHA's subsidy standards. Subsidy standards do not dictate sleeping arrangements for the family. Subsidy standards should not be confused with Housing Quality Standards (HQS) minimum space requirements. The HQS space requirements set a standard for the maximum number of people that can occupy the assisted unit. Further, the HQS space requirements allow space other than bedrooms to be considered "living/sleeping rooms" to ensure maximum flexibility in determining whether an assi~ted unit is overcrowded. In accordance with HQS minimum space requirements, the assisted unit must have at least one bedroom or living/sleeping room for each two persons in the household. A. Subsidy Standards Vouchers will be issued in the smallest bedroom size to 'Alhich the family is determined qualified. One bedroom will be issued to the Head of Household (to be shared with their spouse or significarit other, if applicable), and an additional bedroom will be issued for each two persons in the household, regardless of age, sex or family relationship. The following are the minimum n4111ber of bedrooms allocated by number of people in the household, per the subsidy standards, and thefoa_>eimum number of people allowed per living/sleeping room size, per HQS: Voucher Subsidy Size Studio One bedroom Two bedroom Three bed room Four bedroom-· Five bedroom ~_inimum S~:z~ of Farli~ly. · one p~rson one p~tson · · ,\N~=p~oiilg~ . fot.&"r people·· sixpe.qple eight people B. Exception to ~ubsidy Stand~~~s Maximum Size of Family two people four people six people eight people ten people twelve people The PHA may grant an except.ipn. to the ~ybsidy standards, if the PHA determines that the exception is justified due to the health, disability or special Jl~eds of an assisted family member. Prior to the exception being approved, the PHA will require appropriate documentation by a professional that states there is a need for the accommodation. An increase in the approved bedroom size will not be granted if there are other sleeping and/or living areas (rooms) that can be used by the family. The PHA's current subsidy standards exceed the minimum subsidy standards established by HUD. An extra bedroom will be issued for a live-in aide, in accordance with the Live-In Aide policy in this section. Note: a one person household may not automatically be granted an additional bedroom to accommodate a Live-In Aide as the living room may be considered a sleeping area. However, if the one person household can demonstrate that they do need the extra bedroom subsidy due to their disability and that need is confirmed by a professional, the request will be taken into consideration as an accommodation. 1 t; C. Initial Household Composition The PHA shall approve the members constituting the household. The household members listed at the time of initial contract are approved household members and shall be considered the "Initial Household Composition (IHC}". Only members of the IHC or mandatory additions shall qualify as "remaining members" of a participant family. When an adult family member moves out of the assisted household, they are no longer c~nsidered members of the IHC and will never be considered remaining members. Remaining members who are part of the IHC or mandator:y'additions have entitlement to continue receiving rental assistance should the head of household pass away or leave the Section 8 Program. D. Additions to Initial Household Composition Under the following circumstances, prior PHA approval is NOT required t9 add an additional member: 1. There is a birth of a child to one of the PHA approv¢dJnembers of the family. 2. The court awards custody of a child to one of th~tHAapproved members of the family. 3. There is a legal adoption of a child by one oftbe 'PHA appfoV~d members of the family. However, the family must inform the PHA, in writing, pft~.e above changes inthe_family composition within 30 days of the change. It is the family's responsibility to prqyid_e to the PHA a revised':c;opy of their lease/rental agreement adding the new child within 30 days of the addifipn. The PHA may requirEdh~ participant to provide legal documents to substantiate the change rgported. Housing Ot:1.~htYStandards will be reviewed at the time of the family composition change to verify thaf:~fi~_.c.1:~c;Htion(s} to tH~ ~ifosehold will not result in an "over- crowded" situation. · E. Other Household Additio~ . -' -.-_-_ ----.. . ' . . - The participant must ask for PHAwritter{approval pri~rtcf&;idding any other member as an occupant of the unit (including a foster child and Live=-ln Aide). ~[e PHA ma{approve additions to the household composition, if the following conditions are met: · 1. The.landlo;cfa,pproves, i.n~lrfting, a ~h_ciJ)ge irdenant composition, prior to the addition of.the -:p.erson(s) to ttte Hpµsehara,;a_nd; · .·, · 2. 3. ·rh:~ subsidy size does:not incf~;;ise, and; An over-crowded condition is n6t'c:reated, . '. '•' .1···: ':.;·!·: ::.·- The subsidy size will notbe increased dyeJo the addition of adults to the household, including adult children returning to the home. F. Live-In Aide A Live-In Aide is a person who lives with a participant who is over the age of 50, or is an elderly individual, or a person with disabilities. A relative may be considered a Live-In Aide; however, they will not be considered eligible if they currently live in the assisted unit as a household member or they were a household member as an adult within the last two years. In addition, a legally married spouse will not be approved as a Live-In Aide. A Live-In Aide must meet the following criteria: • A person who is determined to be essential to the care and well-being of the person(s); and • Is not obligated for support of the person(s); and • A person who would not be living in the assisted unit except to provide necessary support services. r:1rlc:h:1rl I-In, 1c:ina Aa,:lnr-\/ -Arfminic:tr::ithtP Pl::in 16 The following documentation is required before the PHA will approve the Live-In Aide: • Notice of Right to Request a Reasonable Accommodation form completed by the applicant or participant requesting a Live-In Aide. • Live-In Aide Verification form completed and signed by a licensed professional who is knowledgeable about the person's situation and will certify the need for the Live-In Aide. The Live-In Aide Verification form is to be completed at the initial request and upon recertification of the household or if the family moves. • Live-In Aide Certification completed and signed by the Live-In Aide. The Live-In Aide's family members may reside in the unit provided that the subsidy standard does not increase due to the need for additional bedrooms, and the presence of the Live-In Aide's family does not overcrowd the assisted unit in accordance with HQS. The Live-In Aide qualifies for occupancy in the unit only as long as tHe member of the family needing supportive services also resides in the assisted unit. The Live-In Aide does ndt qu~lify for continued assistance as a remaining family member. The Live-In Aide must be approv~d bYthe PH}\,and the owner of the assisted unit. The PHA will consider all eligibility requirements used for applicants wherfapproving a Live-In Aide(s) and will use the same standard that is used to approve applicants. The· PHA may refuse to approve a particular person as a Live-:-ln Aide, or may withdraw an approval if: 1. 2. 3. 4. The person commits fraud, ~rlbery or any corrupt dr criminal act in connection with any federal housing program; .. The person commits drug-relate9 crhnio~I activity or violent criminal activity; The person abuses alcohol or hasa pattern Qf abuse tha(rnay threaten the health, safety, or the right to peaceful enJosrrn~nt of the:Pn:?mises by other resicfo11t,s; or The person cur:r~ntly owe.s:rent or oth~r, arnq~nts ·1:0:t~e PHA or to another PHA in connection with Section 8 or:public hous_ing assista11:¢.e under the i937 Act. G. Guest Poli91 . --· --. - The PHA reco~ni~~{th~t participants wHI have visitbrsw~_o may stay at the assisted unit. The participant must notify the PHA ofvisitors staying atthe assisted unit for more than 21 days. Extended stays by visitors may be considered a famillp::>mposition change which must be reported to the PHA, in writing, by the participant. The participant shall be, upop request by the PHA, resgonsible for providing the PHA information concerning visitors. It is the family's obliga1:1bh to comply with<all of the terms of the lease or rental agreement, including those that govern guests and visitors. The following visitor circumstances, separately or in combination may be considered a family composition change: 1. The visitor has moved personal clothing and possessions into the unit. 2. The visitor sleeps, as a pattern and practice, at the premises on a daily basis or for a majority of days during the week. 3. The visitor is working in the area but has no other place of permanent residence. 4. The visitor receives mail at the assisted residence. Failure by the participant to inform the PHA of the above circumstances may be grounds for termination from the program. 17 H. Family Absence from the Unit The PHA may allow extended family absences from the assisted unit; however, the absence may not exceed 90 consecutive days in any circumstance, except to provide a "reasonable accommodation" to a person with disabilities. The definition of "absence" is that no member 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 ~.r:t•tfor 90 consecutive days that person will no longer be considered a household member. If the removal 9fJijfadult household member results in a reduction of the subsidy standard, the family will be notified that th~)j,Jpsidy standard will be reduced at the next annual recertification or move, whichever comes first. If th¢:·adulfftj~[lber returns after being absent for 90 consecutive days and prior to the subsidy standard bein~ ,redu.ced, the subslqy standard will still be reduced at the next annual recertification or move. However, thePHA. may take into cottsidgration a reasonable accommodation or unusual circumstances when makingthe decision to reduce· the subsidy standard. If an adult child temporarily moves from the unit to attend school, th~~PHA will take 'h,to consideration whether they are living in a permanent housing situqtJQn,?r a housing si~.ua.!idtfthat is meant to be:temporary in nature such as a dorm or student housing. If the st~-4.~:11fW,jllbe returni~gtl,yting school breaks, the payment standard will remain the same until the adult student aHji!JJ.s'th~ ~g~ of 26. H6W~yer, if the adult student is living in permanent housing the subsidy standard will be'tec:luce"ff ih ~c~ordanc~!:with the policy. T t.'.'.. • ••, O : • • > '•, ~:1::, ~~-;:: ; If the participant family requ~$t~ to remQ'l~ the ad~lf:~tudent ffofu~~~e: ~0~ 5J~hold, the adult student will be removed and the subsidy stan~a.rd will be:t.r-,duced a{the'r1'ext annuafrecertification or move, if appropriate. Minor children that will be absentfrom th~A:(nitfor more than 90 days may be considered a reduction in the household and m_py,rijsylt _ina redudi_Qn.cjlttHfsUli.~idy standard at the next annual recertification or move . • --'.:-:: •••• : •• ----• --~-::C.. -• ' • ---:· : • ' i· :_ .. ; . -· . ' ' : .. : -~-' _-. . . - --:-:. . .. -. NOTE: A childtv.6'..o is temporafnyaway fro~ t.he assisted household due to placement in foster care is still considered a m·~,tn~~r of the particip_~flt fam°J'iv.~,.ij.pd the subsidy standard will not change. The child will remain temporarily away ·ti'htjJthe child is r~tl.ffned tolttf:l;,pusehold. If it is determined by the court system that the child will be permane,rrtl)tp!aced outsidf of the hg~·e, the subsidy standard will be decreased at the next annual recertification or move, ifWarranted by the household composition without the minor child. I. Family Break-up In determining which family members continue to receive assistance after a family breaks up, the PHA shall take into consideration the following factors and conditions: 1. The Initial Household Composition at the time of admission to the program. 2. Whether the assistance should remain with family members staying in the assisted unit. 3. The best interest of minor children or of ill, elderly, or disabled family members. 4. Wheth_er the family members are forced to leave because of actual or threatened physical violence against family members by a spouse or other member ofthe "household". First, the PHA will consider the welfare of the children and elderly or disabled individuals. The PHA may consult with 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 1A 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 children is clear, the remaining household member may be issued a voucher if they would otherwise be eligible on their own. For example, the remaining member is a person with disabilities or is an elderly individual. · In the case where there are no children involved and the assisted household is separating, the initial voucher will go with the head of household and a voucher may be issued to the remaining family member if they would otherwise qualify on their own. Issuing a voucher to the remaining member in these circumstances will be based on whether there is adequate funding available to support the vouch~r. J. I oint Custody of Children Children, who are subject to a joint custody agreement but live with the applicant/participant at least 51 percent of the time, will be considered members of the household. The definition of "51 percent of the time" is 183 cumulative days within a calendar year. In a joint custody arrangement, if the minor is in the household less than 183 cumulative days, the minor will be considered an eligible visitor and not a dependent child i~ the assisted household. 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 Section 8 purposes. If the child is not of school-age or is home-schooled, the parent who claims the child as a dependent on their incom.e tax return or receives benefits on behalf ofthe 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. VII. TENANGVAPPROVA't:*ND HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT A. Family Tenaricy History The PHA will inform the prosp~ctive 0V11ner that the PHA does not screen the family's behavior or suitability for tena~cy and that such screening:istti.E? owner's own responsibility. Upon request of the owner, the PHA must provide the family's current addresSJfr1d the name and address of the owner and the owner information for prior addresses, if known. The PHA will provide the same family information to all owners, as requested. The PHA will not provide the owner with additional information regarding history of tenancy, drug-related activity, or violent criminal activity, unless instructed, in writing, by the applicant or participant. B. Submittal of the Request for Tenancy Approval The PHA will permit an applicant or participant to submit one Request for Tenancy Approval (RFTA) at a time. The PHA sp·ecifies the RFTA submission process at the briefing session and/or move·appointment In general,· upon approval of tenancy by an owner/owner's agent, the participant will furnish the prospective owner the RFTA form. Upon completion by the owner/owner's agent, the completed RFTA must be submitted to the PHA. r ..... tri... ... ....i u,.,, ,rl ... n Annnru _ Arlmlnic+r'!lt-iuo 01-::an 1Q The PHA will review the RFTA for approval. If the RFTA is approved, the PHA will schedule an appointment with the owner and participant to conduct a Housing Q~ality Standards (HQS) inspection. If the RFTA is not approved, the PHA will inform the household and property owner by phone and in writing. C. Security Deposits In accordance with State and local Law, the owner may collect a security deposit from the prospective tenant. The PHA does not set a limit on the owner's security deposit and it is the owner's responsibility to collect the established security deposit amount from the tenant. However, the PHA prohibits the owner from collecting a security deposit in excess of private market ·practice, or in excess of security deposits for the owner's unassisted units. D. Damage Claim Provisions Effective October 2, 1995, the Conforming Rule eliminates the right of the owner to claim reimbursement from the PHA for damages or other amounts owed by the tenant uM4~r the 1~.c!S_~/rental agreement. The owner must charge the tenant for payment of any damages or unpaid_r~n~ Where the.total exceeds the amount of security deposit that was originally collected from the tenant. A participant family who owes the owner money due to"ifn,paid rent or tenant-c~use.d damages that exceed the security deposit will.not be considered in good standing t,fierther po~ to another ju~ik~iq:_ion or ~ave unless they have paid the prior owner or have ent~f¢g _into a repayrrien.tflgreement with the prior owner. A participant who causes damage that exceedsJ1oftrf~tW:~ar and tea(to the assisted unit or premises, or has a guest, who causes damage to the assisted unit br·premis~s; rnay be tern,i_nated from the Section 8 program. ~ ! ' : : :~--: ~. ' - -: .. • : E. :":.;.':·· Housing Quality Standards (Ho.$) ,~rn the mihimum qualif,y~tandards·f~fhousing assisted under the Section 8 Rental Assistance program. Ass1ster.l:Housiiig:nrnst comply\,vith HQS, both at initial occupancy and during the term of the assist~d octupan~y. The:iq~l.i~·'to ·as-~ist eligibflfamilies to rent units that are decent, safe, and sanitary. .,. :, ; -·· · · · ~~ ~ · ·· ;:, : · ..,. . ... In addition, the'HQ.S: establishes 1:he\n,inimLhrt:_~pace requirements. The HQS space requirements set a standard for the maximum hu:m~.er of people .tH~.tcan dtcypy the assisted unit. Further, the HQS space requirements allow space other thciirib~~rooms to he\:cpnsidered a living or sleeping room to ensure maximum flexibility in determining whether an·assisted unit is-overcrowded. In accordance with HQS minimum space requirements, the assisted unit must have at l~ast one.bedroom or living/sleeping room for each two persons in the household. The HQS space requirements dbnpt dictate who sleeps in each bedroom or living/sleeping room. PHA staff will perform an initial and annual inspection in accordance with HUD Housing Quality Standards and local City codes. PHA staff will also conduct an HQS inspection at the request of a participant or owner/owner's agent, if there is a question as to whether the rental unit meets the standard of decent, safe, and sanitary housing. In addition, PHA staff will consult with the City Code Compliance staff on situations that appear to fail the City codes. If one or more items fail, the rental owner and the tenant are sent a letter noting the Fail or Pass with Comment item(s). If a unit has failed the inspection, the owner is requested to bring the fail item into complianc_e within 30 · days of notification and a reinspection-appointment is scheduled. The Housing Specialist must note any extensions given to the owner to make repairs for routine items, including the reason for and length of the extension. (';:arlc:h;:irf l-ln11c:ino AaPnrv -Arlminic.trr\tivP Pl::m 20 If the item(s) are a "life-threatening fail", the item must be repaired within 24 hours. The following item(s) are considered "life-threatening" and must be corrected by the owner or the tenant (whoever is responsible) within 24 hours' notice of the inspector: • Waterlogged ceiling(s) in imminent danger of falling; • Major plumbing leaks or flooding; • Natural gas leaks or fumes that are apparent; • Electrical problem(s) that could cause an electrical shock or fire; ~ Jagged, broken glass that could cause an injury; or " Other immediate, observable danger(s) that could be a health and/or safety hazard to the family. The PHA may give an additional 24 hours to repair the condition, if the r.;~sponsible party cannot be notified or it is impossible to complete the repair within the 24-hour period. In th.e,{~5.e where there is leaking gas or the potential or fire or other threat to public safety, the proper authoritie~'.Will be notified. If an owner refuses to remedy any failed item within 30 days f6rroutine:=f;:1i1 items and 24 hours for life threatening fail items, the owner and participant will be notified that the Hp.u~ing Agency will abate the Housing Assistance Payment. If the owner has not completed thfrepairs within two weeks of the notice of abatement, the Housing Specialist will proceed to terminate the coniract. If the repairs are confirmed by a reinspection on or prior to the contract termination date, the payments ma\iqontinue as 9f the date th~Uhe Housing Specialist verifies that the unit passes inspection. If the Inspector makes the determination that,t,J,e t~q~mt caused ~tl~Jail item, the tenant has the same time constraints as the owner for repairing the iterr{ If .it is'if;Jife threate~ihgfail", the tenant must remedy the fail item within 24 hours. If it is a routine fail, the ten an~ musf repair it wit:HitS.9 days. The repair must be made by the tenant or by having the owner reiJ~ir the item an~ bill thetenan.t,. PayrnE;?nt arrangements for repairs billed to the tenant are an issue b~tj,veen thEfQ~ner and thetepant. Hmii.h~y~r,;Jailure to follow through on the payment agreement would be:grounds fci{t¢rminatioti-:p:frental assist~rice benefits. If the tenant fails to remedy the fail item in the prescribed p~ti.09, the ffl)Busing Specfalist will proceed with termination of rental assistance benefits. ······ -· · F. Housiµg}\ssistance Paynient ·. -·· The Housing AssistijJ'.l~t payment sha(bnot be mc1de to the owner/owner's agent until the PHA: 1. Approv:~·~ \he RFTA and.th~ Lease/Re~tal Agreement; 2. Determines the rental uhTfris approvable and that the rent requested is under the maximum contract amount that thejJarticipant family is qualified for; 3. Rental unit pasS~$th~,H@.Sinspection, passes local City codes, and is rent reasonable in comparison to other\l_nassisted rental units; 4. Receives the completed Internal Revenue Service, Form W-9 and related documents confirming ownership of the property; 5. The participant 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. NOTE: the first month housing assistance payment will be made pending the receipt of the signed HAP Contract from the owner, if the owner fails to return the HAP contract within the time requested, subsequent HAP checks will be suspended until all documents are received. . . . r ..... lrh ... ,.,1 U.-., ,.-1 ... n /\no,..,.,,_ /\rh,.,inictr~tiuo Dl~n ?1 G. 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. Except for the above condition, families will not be permitted to move if the lease/rental agreement is not properly terminated; the participant 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 a termination of tenancy notice issued by the owner. A copy of the notice to the property owner must be given to the PHA. .. ' 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. VIII. SPECIAL HOUSING TYPES A. Special Housing Types -Manufa~~e~~~!lme The PHA allows Section 8 assistance to be usech<? pr6Jide ~~~istance'tc:r~,family that owns a manufactured home, but rents the manufactur~c:l l;l9rne space.· = :\ · ·a· · · · · -·-. B. Other Special Ho~!&~ Types:·· - The PHA does not allow any other.:;~pecial hOJJ~ing types, ~_µt will permit a family to utilize Shared Housing if it is needed as a reason.~ple)lC:Cpmmocl~tio~Jc{-.na~e-~h~ program readily accessible to and usable by persons With disabilities. ,·,-=-· =-· _-. · : ·• ,_ ·_ .' • · . . -...... ~ The PHA may takeinto conside/a1:ion_other}~9ysing types, ·including shared housing, if the rental market is such that there is a limffig available ho~sfr{gjn the .PHl(s jurisdiction. IX. DEBTS OWED TO THE HOUSING AGENCY A. Owner If an owner is owes money to the PHA as a result of an overpayment, the owner will be requested to either pay the amount due in full or be advised that the overpayment wfll be deducted from future housing assistance. payment(s) until the overpayment is paid. If the owner fails to pay the amount owed and there is not a future housing assistance payment to offset the debt, the owner will be banned from renting to future Section 8 participants until the debt is resolved. Also, the amount owed may be sent to a collections agency. B. Applicant An applicant must pay in full all debts, if any, owed to the PHA or any other Housing Agency before being admitted to the rental assistance program. An exception may be made if the applicant is current on a repayment agreement. r~rlc-h~rl I-In, 1c-ino Aocnr\l -Arlminictr::lti\lo Pbn ?? C. Participant A participant, including a participant under portability, with repayment agreements in good standing will be allowed to continue making payments under such agreements until the debt is paid in full. Failure to make timely payments may be grounds for termination of benefits. However, if a participant wishes to move or port to another jurisdiction, the balance must be paid in full prior to execution of a new contract. The Housing Program Manager may approve an exception to this provision if the family demonstrates that they have made timely payments in accordance with the Repayment Agreement and the family may suffer a hardship if they are unable to relocate or exercise portability. D. Repayment Agreements The PHA may offer a participant an opportunity to enter into a Repayment Agreement to pay rental assistance payments that were overpaid on the participant's behalf while occupying an assisted unit. The participant will remain in good standing with the PHA as long as the payments are made in a timely manner. Failure to abide by the Repayment Agreement shall be grounds for termination of Section 8 benefits. Participants will not be able to port to another jurisdiction until payment is received in full. The Housing Program Manager may waive this requirement if the participant has been making monthly payments and it would be a hardship on the family if they were unable to move.// the PHA offers a repayment agreement, it will determine the terms. The period for repayment shall not exceed 36 months unless approved by the Housing Program Manager. A family who is determined not to have reported their household income fully or accurately, at the time of recertification, is subject to an interim increase effective with a 30-day notice. Any overpaid housing assistance will need to be repaid by the family. A family may be allowed to remain on the program and enter into a Repayment Agreement if there are no other issues, the unreported income was less than $15,000, and providing it appears the family did not deliberately provide false, misleading, incomplete, or incorrect information to the PHA. A family who is not current on their monthly payments as outlined in their Repayment Agreement will be sent a courtesy letter if it is their first offense. A second offense will result in a warning notice. A third offense will result in a 30-day Notice of Intended Action {NIA) to terminate rental assistance benefits in accordance with provisions of the Repayment Agreement. Debts that are still owed by an inactive participant will be sent to a collection agency. X. ANNUAL AND INTERIM REEXAMINATIONS A. Recertification It is a HUD requirement to annually reexamine family eligibility, including families who qualify as elderly, handicapped or disabled. Inspections will be performed and rents reviewed annually, and/or at such other times as circumstances may require. The PHA may adopt tri-annual recertifications on fixed income households if this provision is adopted by federal regulations. r::irlch::irl ~n111:ina .6al3nn, -tuiminic:tr~ti\lo Pl~n ?1 B. Interim Reexaminations Interim reexaminations (certifications conducted before the anniversary date) are based on a change in family composition or financial status. Interim reexamination will not alter the date of the family's annual recertification. Any increase in the family's share of the rent, prompted by the interim reexam, shall be preceded by a minimum of 30 days' written notice of such increase. Increases in earned income and changes in employment will only be required to be reported at the annual recertification. Family composition changes are required to be reported, in writing, 30 days from the date the change occurs. Interim reexaminations will only be completed under the following circu_mstances: 1. The household reports a decrease in income that wHLc911tinue in excess of thirty days. 2. A household that previously had no income, or h~aj~:ss:j_ncome than the welfare amount for the family size, reports that income is now being rec~iyed by:a family member_. 3. The household reports a change in family composition. 4. A Family Self-Sufficiency household req.ues~s an interim when their income increases. 5. The household misrepresented the facts·uJ~on which their share ofre~t was based. 6. An administrative error on the part of the PHA. : 7. As dictated by a HUD PIH Noti.c~ or Memoranqurn. ·. An interim reexam that results in a decrease inJfn~JJ~rticipant's ~Ei~'.r.~ of rent will be effective the first of the month after the date that the change is report:Ja.RJtroa§.tive payrri~~~(~) will be made to the owner once the information reported has been verified. RetroacHve. paym'eh~ over $25\v,iH be paid on the next weekly check run. Retroactive payments that .are· $~5 or less wilfB:e paid oriJ~~.n~~ mont~ly payment batch. -- ' . -. :: .. ..-• ·• .·-. : ~ 7 :·J:··;· .. All reports of changes in incoln1~ assets, of nµmber of ijg.µi~hold me:nibers must be reported in writing. C. Family Moyes ,. ~- -:_ -· " -. . . -• . -. . . -. . -~ . . Families will b~_1B~C)Viaed.infdfm~t,ion reg~rding thJif responsibility to give the owner and the PHA advance notice of any rr1qy~s. This informati9n is proy~ded to the participant at briefings, in the lease agreement/addenqum and upon irl'q1.1jry to tli~ PtJA. D. Portability Port in participants -the PHA~m generaUy accept the income eligibility determination of the initial Housing Agency, if completed within 66,fays pftransfer and if there is not any family composition or income changes that have occurred. New family composition or income change information may warrant a redetermination by the PHA. 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 PHA will allow the family to lease outside of the jurisdiction if they are in good standing. r"3rlC'h"3rl l-lru,C'inn /\nonru -l\rlminic:i"r::1ti\lo Dl::1n ?11 XI. VERIFICATION POLICY A. Enterprise Income Verification HUD regulations state that Enterprise Income Verification (EIV) is the preferred method of verification whenever possible. HUD has made available the EIV System and strongly encourages PHA's to utilize the system to validate tenant reported income and inform tenants of the PHA's capability and intent to compare tenant-reported information with data received. Users authorized by the Executive Director, 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). If the EIV income information is more than the family's incomefrg,t;fr·t?,_ the PHA will use the EIV, unless the family provides documentation of a change in circumstancestq e,xplaifl:t~e discrepancy (e.g. a reduction in work hours). Upon receipt of acceptable family-provided dbcumentatioh of a change in circumstances, the PHA will use the family-provided informa~ion. Since EIV provides wage information that may be up to :six months old, it may only pe used for verification in combination with at least two·months of current paystubsjf,Jhe partic,ipant is still working for the same employer. EIV will be reviewed for all family members atlea.st:c:1nnually at recertification and when the family is transferring its assistance to another unit in th~)HA's juri5.sf,iction. If it is found that the EIV data i~$Uli~tantially different from:wHatthe partipipant reported and/or from third- party documentation, the fo_liowing ste~f~ill be follo_w~d// . . NOTE: substantially is defined asinc:ome thaJ .exceeds :$3;600 or more annually than what the participant reported or that wasr~pprted by fi{irp~:~!~.:rtv'd:o~pmentaiipn, .. 1. inthe case whe~esiaff frai:r~lied solely on EIV data to document the discrepancy in income, staff will submit a t&In:J-party'v~rification form to the income source. 2. Staffwill review hist6rfo~I data for prior patterns of employment, benefit payments, and/or other income sources.·· .. 3. Staff will discuss the discfepancy 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:t~_~,P:~ryicipant will be given the opportunity to resolve the discrepancy, the final decisihii)Nill be based on either third-party verification or EIV data, whichever is most accurate; unless the participant can provide documentation that one or both parties' 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 PHA may require the family to repay the· entire amount in full or have its assistance terminated for committing fraud, a ·violation of family obligations under the program. If the family's assistance is terminated and repayment has not been made, the money owed is considered an overpayment r-,.rlc-h-,rl 1-lrutc-int'r /1.rronru _ Arfminictr::itillo Pl::an ? c; of assistance and the PHA may take action to collect the overpaid housing assistance. In determining whether the family violated the family obligation, the PHA will determine whether the family supplied the information willingly at the last annual recertification, 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. B. Self-Employment Income Net income from a business or profession must be included in annµal)ncome. In order to verify the net income from self-employment/business ownership, the PHA wHl:vi~\tVthe IRS federal tax return, and financial documents from prior years, and use this information to ant(dpate ince>rne for the next 12 months. The family must provide a copy of its prior year's federalJij9ome tax retur~Jf it was filed . . -<:-·:(·: '-,?· . ...! .. -·.·-·· The following are acceptable methods of verificationt \' • IRS Form 1040, including the following if appli{aSJ~.: o Schedule C (Small Business) o Schedule E (Rental Property._;~rtc~nl'le) o Schedule F (Farm Income) · . • Financial statement(s), either audited:orJ10Fa0,qitgd, of the'bµ_5-jness o If accelerated depr~c;:tc;1tion was u~~p on ·1:he}~~J!=?tur~---offioancial statement, an accountant's calculation of rJ¢p't~cratlon expens"~ii::t.omp.Y,!'~,Wusin,gstraight-line depreciation rules. • Credit report or loa11 ~J~~Ucatio-~':i::,-:__ ":··'.·':-.. J'.:: : · · · ·. ·· · · · • Business Ledgers __ • Family's self-certificatioh'ai~o n~fincp.me realiz~<;:tfrom the business during previous years. For some self-emplqytnenttypes, wii@fk:~itiere· is' ~f'.~otgntiJi}qr substantial income, self-certification is unacc:ept~:ble·: · · · · ·-. >: · -: · .· • In cas~fpflarge gross iricom~ yefrnl1;1i~al net int:ome to applicant or participant, additional documerfr~tiqn may be r~trtilt~d, fo?eh{~r.nple, documentation of wages and payroll taxes, receipts for ··';.; . ·'·.·.-·. :. ''';.:·. ' expenses, etcf" ··:·r .. • Documents such ~s _manifests/daily logs, appointment books, cashbooks, bank statements and receipts will be used as a guideJor the prior six months (or lesser period if not in business for six months) to project iricom~ .fdtthe next 12 months. The family will be advised to maintain these documents in the future •fihJv are not available. • If a family member has beeh self-employed for less than three months, the HA will accept the family member's certified estimate of income and perform an interim reexamination in three months. If the family member has been self-employed for three to twelve months, the HA 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 r::1rlc:h::1rl I-In, ,c:ina .6aonn, -Arlminic:tr::ati\lo Pl:::rn • 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 PHA will reject documentation that has not been organized and totaled, e.g., an unorganized bundle of receipts. C. Child Care Business or Home-Based Business If an applicant/participant is operating a licensed day tare business or home-based business, income will be verified as for any ·other type of business. If the applicant is operating a "cash and catn(child care operati_6h, which may or may not be licensed, the PHA may require that the applicant/participant t;cfrnplete a formlqr.~ach customer. The form must indicate the name of the person(s) whose child(ren) is/are beihg cared for, p~o_n.e number, number of hours the child is being cared for, method of payment (cash/chec~), amo·urit Pilid, and sig11ature of the person who receives the services. · · · ..... ···· .. · ·.' ,; · .· · ·-· ·· ,. The family must indicate if it is receiving a food allowarJce or other compensation to offset business expenses. Third-party verification will be requested if an.other publie; entity, such as the San Diego County Health and Human Services Ag~IJCY, isprovidi~gqofr,_peh~at.ip11 to the c,hildcare provider . .. . ·-· ··---.. , :. . .··· ..... '.' ... ,·· . .. The family ml)~,Jt6~ide a copy Qf its federal tax ret'Urn, if it was filed. If none of the above:documents ate ayailable,the family may provide a notarized self-certification signed under penalty of per-jyry, as to gross income received the previous year, as well as anticipated gross income for the next year. D. Minimal or Zero Income There is no minimum income requirement. However, families who report zero or minimal income are required to complete a written certification every 30 days, and provide copies of expense receipts for the 30- day period. The PHA will conduct an interim to increase the family's rent share upon reinstatement of income. The family may be required to provide documentation to prove that income, such as unemployment benefits TANF, CalWORKs, 551, child support, etc. are not being received. The PHA may request information from the State Employment Development Department. The PHA may run a credit report on the family. The PHA 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 its basic needs. r::lrlc:h::ui J.ln11c:ina AaPnrv -Arlminic:tr~tivP Pl~n 27 E. 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 551, an insurance settlement, Workmen's Compensation, etc., that amount will still be included as monthly income. However, once the lump sum payment is received from the household, the amount that is to be repaid to the non-traditional source will be deducted from the lump-sum upon proof of payment. F. Medical Expenses When it is unclear in the HUD rules as to whether or not to allow an)~~fn as a medical expense, IRS publication 502 will be used as guidance. In addition, letters by medical prof~s#ionais may be requested and taken into consideration when determining whether or not to allow an e,x:p~nse. The PHA will allow as a medical expense the actual out-of-::·pq.cket amounts,which are owed and anticipated to be paid by the family during the reexam period. Exper1:s~~ from the previous ve·ar may be analyzed to determine the projected amount when other verification is not avaU.able. . . It is the family's responsibility to submit medi~al expenses forconslcH~r:~tion. Expenses·will only be accepted during the intake, recertification, and move:prgpe$.S. Exceptio1ts·,tp~'yil6e made for major''rri'edical expenses that were not anticipated and may cause a hardsh(tftb:'.the"bouseholci:'if~~-~y are not factored in for an interim reexam. All medical expenses must be submitt:~d .in\1i:(6Tderly and org~nized manner. Bundled or disorganized receipts will not be accepted. Amounts paid by other source5.,:si1d1, ·~{t.~p;sts, othetJarnil{CT1eh1bersrf[~.ends, etc. will not be taken into consideration as a medical exp'7n~e. Am~ci.nt.~ that ex'te~~c(th·e househo-ld~s income amount will not be taken into condideration. · XII. OBLIG.1\TIONS OF TH.H FAIVJ:J~,Y AND DENIAL OR TERMINATION OF ASSISTANCE A. Family Oblig"!:!ions The PHA shall terminate:~ssistance to aJ~mily for willful and negligent failure to perform family obligations, except for reasons which th~Jamily haq;nq control, were unintentional, or minor, such as mail delivery delays or failure of mail delivery. Becaus~J~er~1~:~y be many circumstances concerning compliance with family obligations, each failure will be coh~idered by the Housing Specialist and Housing Program Manager on the case merits; however, repeated, serious, deceptive, and manipulative failure to comply with family obligations will be automatic grounds for termination. Family obligations include but are not limited to the following; the family must: 1. Supply any information that the PHA or HUD determines to be necessary in the administration of the program, including evidence of citizenship or eligible immigration status. The family must supply any information requested by the PHA or HUD for use in a regularly scheduled reexamination of family income and composition. 2. Disclose and verify social security numbers and sign and submit consent forms for obtaining information. 3. Supply any information requested by the PHA to verify that the family is living in the unit or information related to family absence from the unit. r::irlc:h::irl ~n11c:ino 4a~nr\l -4rlminic:tr::ath,~ Pl:m ?A 4. Promptly notify the PHA in writing when the family is away from the unit for an extended period of time in accordance with PHA policies. 5. Allow the PHA to inspect the unit at reasonable times and after reasonable notice. 6. Notify the PHA and owner in writing before moving out of the unit or terminating the lease. 7. Use the assisted unit for residence by the family. Th~ unit must be the family's only residence. 8. Promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child. 9. Request PHA written approval to add any other family member as an occupant of the unit. 10. Promptly notify the PHA, in writing, if any family member no longer lives in the unit. 11. Give the PHA a copy of any owner eviction notice. 12. Pay utility bills and supply appliances that the owner is not required to supply under the lease. Any information the family provides must be true, accurate, and comple~e. The family (including each family member) must not: 1. Own or have any interest in the unit (other than in a cq6perativej or the owner of a manufactured home leasing a manufactured home space). 2. Commit any serious or repeated violation of theJ~ase. 3. Commit fraud, bribery, or any other corrupt or c_rirninal act in connection.with the program. 4. Participate in illegal drug or violent criminal activity~ 5. Sublease or let the unit or assign the lease or transfer-the unit~:. 6. Receive Section 8 tenant-based pro~_ta.!Jl assistance while receiving another houstng subsidy, for the same unit or different unit under any p~her. Federal, State, 9rJocal housing assistance program. 7. Damage the unit or premises ( other thln -from orgJnary weai ~Ilg tear) or permit any guest to damage the unit or premises. . 8. Receive Section 8 tenantLJJ_a~ed program housing assisfanc~ while residing in a unit owned by a parent, child, grandparent, gr_~odthlld,-sistE?f or brother.of.any merhber>~f the family, unless the PHA has determined (and has tiqtjfied the o~ner and th~}f~ih"ily of such.determination) that approving rental of the unit, notwithstandiril~H~h rela~f~fo.:5hip, woulHTprovide reasonable accommodation for a family member wh~:is a person wit~ disaJ:J.iUti~s~ __ _ 9. Engage inJUegal use of a.~ontrollfd substan·ce o,r~buse of alcohol that threatens the health and safety or ·right t6;Ji¢~~eful enjoyh1¢rit9fthe'p.remises b'!Other residents. + -~--. -.; :, ; • • • • • • ••• . . . . --. B. TerminatioJ1J.nformationfo~ PartiH~ant If the PHA intends to proceed with termination of rental assistance benefits, the participant will be mailed a Notice of Intended Action, whi,ch will state the reason(s) for the proposed termination. The Notice of Intended Action will outline the procedurg~Jqr,a:participant to request an Informal Hearing as well as their rights during the Hearing process. C. Illegal Drug Use (Rehabilitation) The PHA shall require a family member who has engaged in the illegal use and possession of drugs to submit evidence of participation in, or successful completion of, a treatment program as a condition to being allowed to reside in the unit. D. Drug-Related Criminal Activity The PHA shall terminate families who engage in drug-related criminal activity, regardless of where the criminal activity takes place. r::irlch::ul J..ln11cina daonr\l -drlminktr::itiv,:1 Pl::in E. Violent Criminal Activity The PHA 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 Violence Against Women Act {VAWA). F. Crime by Family Member The PHA shall terminate assistance to a family if the preponderance of evidence indicates that a family member, foster child or Live-In Aide has committed the crime, or friends/guests of the assisted family committed the crime, regardless of whether the crime is technically classified as a felq_rjy. G. Serious and Repeated Violation of the Lease /Ren1:3!:!l-g~~~ment . •: : -. .. ·;·-~-:_ \:-: ·-. ~ --. - The PHA 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 PHAWHI conduct a Tenant Conference once three infractions have been made, as reported ip'writing by the owner cifth~.property. If the pattern continues after the Tenant Conference, a Stipulation Agre~ment will be offered fo.thg participant advising and acknowledging that any future violations may result in terrtji,iijtion c:>fr-<~J1tal assistarttEfbenefits. If the violations continue, a Notice of Intended Action will b~J11a.iled to the fant)ly~\ · · · ., · ·· H. Fraud or Other Program Violations··::•·. The PHA shall deny or terminate ~t~~i~t~nce if aniiru~mberbf-t.h~Jamil/hoiTJmits fraud, bribery or any other corrupt act. Such criminal act J{a\(?r~~¢,h:,of family ofii~gatic>nf{/ .·. . .. ::. -·· .. -..; . -~· : -' ··~. '. ... I. Violence against PHA·~~-~!sonn~f~j-' --. The PHA shall deny:~mJ~r01.inate a·~sl~tc.19:g~-1If]:h~:,ta.rpily has -~tlgaged in or uses abusive or violent language or behavior towar~ :~HAi'pJf~b'nfi~l-. '. · <it· · · X:>:f< . :°'· .. •-.--. - The PHA may 1now an individua'rfo:remair1c,on.the program under the condition that the household member does not appear iri th~ office with~uf.~n appoirtt:m~nt and/or without a representative. J. Violence Against Women Act (VA WA) 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 PHA has authority to terminate voucher assistance for certain family members while permitting other members of a participant family to continue receiving assistance (providing the culpable family member will no longer reside in the unit). The PHA's right to exercise this administrative discretion is not dep·e11dent on a bifurcated lease or oth·er eviction action by the owner against an individual family member. r:Jrlch:ul J.ln11cina Aai:1nr\l -Arlminic:tr:::ati\lP Pl:::an 4. Certification of Abuse: The PHA will request that the victim of abuse complete the HUD form 50066 - Certification of Domestic Violence, Dating Violence or Stalking. This form must be provided within fourteen (14) business days from the date the PHA requests it. Without the certification, the PHA may terminate assistance. 5. Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking - Carlsbad Housing Agency (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), 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. The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation. The ability of CHA to honor such request for tenants currently receiving assistance, however, may depend upon a preliminary determination that the tenant is or has been 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 that Section 8 Rental Assistance 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 Lis 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 s~xual 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 meetthe eligibility requirements in this s~ction. 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. CHA will provide reasonable accommodations to this policy for individuals with disabilities. The tenant's written request for an emergency transfer should include either: 1. 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 2. 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. Confidentiality -CHA will keep confidential any information that the tenant submits in reqt.:festing an emergency transfer, and information about the emergency transfer, unless the tenant gives CHA written permission to release the information on a time limited basis, or disclosure of the information r::arlc:h::arl l-ln11c:ina .daPnr\l -.drlminic:tr~th1P Pl::m 11 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 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 -CHA cannot guarantee that a transfer request will be approved or how long it will take to process a transfer request. 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 tr~nsferred tenant must agree to abide by the terms and conditions that govern occupancy in the unit to which the tenant has been transferred. CHA may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish eligibility for that unit. 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, CHA will also assist tenants in contacting the local organizations offering assistance to victims of domestic violence, dating violence, sexual assault, or stalking. XIII. PROCEDURES FOR INFORMAJ)ij£vjEVV\0,R HEARING A. Informal Review -App~1canf : ;.,. _ .. -~.:.i;~;\"i.;:~-~::,· : .'. ;.: :_: The PHA will advise an appUc:arj{gt his/herii~ht to an'tM6rrnal review if~enied assistance. The PHA shall grant an informal review, upon requesfttP any ~'.AfJH~ant who 'ifg~nied assistance for any reason. Such review shall be conducted by any P.~r;$~rt_qE?~ignat'~a,::~v~~HiW~H~;\b9~eve'r/i(p,ay not be a person who made or approved the decision under .. revi.~w t>'r ~ stib.oc~inat:E!:'.~tJhat p·ef~tfn:>~u~h-informal review procedure shall permit or require: 1. The aPPHca~t to pres~~FwrJtten g~~gr-al objectio,~s.-· 2. The PHJftb.,;nqtify the applit~:h_t, in ~lirtl.~ly manner, of the PHA final decision after the informal review. The notice rttUst.include a bri~fstatemeht~of the reasons for the decision. '-'..:!-:. : . ·. -:··- B. Informal Hearing·~:Participant. : • ..;• ,·1._ •••• ~ • The PHA shall offer a hearing for_cE?rtain PHA determinations relating to the individual circumstances of a participant family. The hearing is he.lqto consider whether PHA decisions related to the family circumstances are in accordance with the law, HUD ru!'es and regulations and the PHA policies and procedures. A hearing shall be offered on: 1. PHA determination of the family's income. 2. PHA determination of the family unit size for the family under the PHA subsidy standards. 3. PHA determination of the appropriate utility allowance for the family from the PHA utility allowance schedule. 4. PHA determination to deny or terminate assistance because of family actions or inactions. 5. PHA determinatic:>'li to terminate assistance because the family has been absent from the unit for longer than the maximum period permitted under PHA policy and HUD Rules. r:::irlc:h::irl J.ln11c:ina AaPnr-" -Arlminic:tr~tivP Pl~n 1? The PHA is not required to provide an opportunity for an informal hearing for PHA discretionary administrative determinations or for general policy issues or class grievances. A request for an informal hearing must be received by the PHA and postmarked within 15 days from the date of the "Notice of Intended Action". Being incarcerated will not be considered 'good cause' for missing the 15 day deadline. C. Informal Hearing Notice to Participant The PHA 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 PHA 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 PHA will advise the participant of their right to examine documents thi:;lt a.re relevant to the reasons cited for initiating termination of benefits and the right of the family to seek l~gal:representation. The PHA will schedule the informal hearing in a reasonably exp~dit.iousmanner upon the request of the family. The PHA will not terminate rental assistance benefits under an executed HA.P contract until a hearing decision has been rendered. If an Informal Hearing is scheduled and the family fails 1:o_attend without prior notiftc::ation, the Informal Hearing will be considered 'abandoned' and the termination or denial will st~nt.L If a family is illp_re than 20 minutes late without prior notification, the Informal Hearin~. will be considere.g}~~andoned' and thei¢rmination or denial will stand. Extenuating circumstances may b:~ t~~~n into consid~t~~ipn at the discretion of the Housing Program Manager or Director. · .. · D. Pre-Hearing Discover:y .. The family has a right to pre-nearing dis.c<f>very of PHkttootiments,·H,tluding records and regulations, which are directly relevant to the hearirtg .. !he famil\/.~tlall be allo~~-d to make a ·c:.opy of any such documents. The family is required to produce the documents,~t th~(f?hlA. office. Th·e PHA has a parallel right to pre-hearing examination of relevant family d9~~:~n.ts.~ ,-D,_e hearJijg~a~~okefs~c.1Jt:l'>.e av~uab1e to the participant prior to the scheduled Informal Hearip~ffn~· familyfiffy~! pro\Ai;f~;~ny documgn_ts_that will be presented at the Informal Hearing to the PHA before the~sg_~eduled lnformalJlearing/fhe PHA may not rely on a document withheld from disclosure. Similarly, the faritlly:may not rely up*'tf1 do2~rt1ert not produced at request by the PHA. The hearing officer has the discretion to alio~,untimely submissions of rel~vant 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 PH.A..Shall allow applicants and participants the right to inspect and copy documents under supervision :of a PH/\:·~l~ff person. XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS A. Review of the Rental Agreement The PHA will review a rental agreement utilized by an owner to assure that the document is current and in compliance with federal, State and local law. The owner will be required to attach the HUD lease addendum to their rental agreement. B. Owner Violations of the HAP Contract The PHA may terminate an owner from the program for serious and repeated violations of the HAP Contract and/or lease agreement. C. Disapproval of Owner for "Drug Trafficking" The PHA shall disapprove of an owner if the PHA is in possession of credible information that the owner has engaged in drug-dealing or trafficking. Drug trafficking refers to commercial drug-dealing (manufacture, sale, or distribution of narcotics), but does not cover illegal drug use. D. Disapproval of Owner for HQS Violation The PHA shall disapprove of an owner with a continued "history or ptil:af~~" of violating HQS, City codes or applicable housing standards under other federal housing progr~.mwn?·· XV. INTEGRATED PEST MANAGEMENT ~:If ):::~:::~iitl\::::::::: A. When Bed Bugs are Reported '''{tt:,,:,, .. ,f:l~:; ·=q;~ik,. Housing representative will inquire what th.~u~rovisions anfln)DJ~J$.se or rental agre~fu.ent in regards to pest management/extermination. If the lease dijj{~gt~tate who Tff,;~ponsible, the violation' will be assigned to the owner. \i\i::WltfJtb,.. '?{jl(b. PHA must receive written docum~o~ation by a li~~~sed t>'e~t~Qntrol COl'.QP..~ny that all bed bugs have been exterminated and unit is clearn:~Jt::S.~f~ny hazarch)f::f;>ed b~i,(JttJ~::~oc~riMntation must be received by the re- inspection date. :()/j\)\!t/·· ··.··:?\)\. \\))/tti1\);)~)f·· ····::::::{j)))t, Abatement/termination will·o:~fprocessectmadequat~JJ;g,¢umentation·is not received timely. A proactive owner extension may be grante:d]f::~ocumlht~Jion is rJ~ityed from a licensed pest control company stating •.•,•,•.·.·> .......... :,: ••• ,.. ..... ••••••. .,.,,; ..... . that the extermin~.!J:§ij/j~$Jij~Jng plaC:~J:~ijfacfait19.J.H~t.treatrp~.fltS are required. Units that are not treated and cleared of the J,~:,ij//~{1ffMi~t~jj9_r:i wil(ijij[;~dded fc{tij~:/n.g~:M:mpliant unit list. ?(IC. ··:::;\l/\\tt!\ ·-::::\(/flt.; . ·-:·::::::tr B. When Be=a.:;Bugs are Dis·cov.ered After Entering an Assisted Unit ... .;{(\. '.:::{\. ··::{ft. At the inspection, an'·frfqµ_iry will be rrl"~q:~ by thE(PHA inspector as to whether there have been any issues with the unit in general; incr'J:fifog_any issue{W;th infestation. If the PHA inspector is already in a unit and the family reports there are bed bugt&l!.i:ve bect&U~s are evident, the inspector will immediately exit the unit and explain to the family that the··:Pli~kdq:@Mot allow inspectors to enter units with a known bed bug infestation. After exiting the unit, PHA staff Jifi:(;~~lain the bed bug policy to the family and advise them if they have any questions to contact the Housing Program Manager. The policy listed above under "When Bed Bugs are Reported" will be followed. Once the PHA has received confirmation from a licensed pest control company that the bed bugs have been eliminated, the inspection will be rescheduled. The participant will be advised that any future suspected issues with bed bug infestation should be reported immediately to the property owner or their agent. If the property owner or agent is not responsive in an appropriate timeframe, the participant needs to contact the housing agency immediately. Carlsbad Housing Agency -Administrative Plan 34