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HomeMy WebLinkAbout2014-04-08; Community Development Commission; 437; CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND ADMINISTRATIVE PLANCITY OF CARLSBAD COMMUNITY DEVELOPMENT COMMISSION - AGENDA BILL 11 AB# MTG. DEPT. 437 4/8/14 CED CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND ADMINISTRATIVE PLAN DEPT. DIRECTOR CITY ATTY. CITY MGR. ^ RECOMMENDED ACTION; HOLD a Public Hearing and ADOPT Community Development Commission Resolution No. 527 APPROVING the Carlsbad Public Housing Agency Annual Plan and Administrative Plan and AUTHORIZING submission to the U.S. Department of Housing and Urban Development. ITEM EXPLANATION; The Housing & Neighborhood Services Department administers the federally funded Section 8 Rental Assistance Program for the City of Carlsbad Public Housing Agency. Pursuant to Code of Federal Regulations 24 Part 903, a Public Housing Authority is required to submit a 5-Year and Annual Plan to the U.S. Department of Housing and Urban Development (HUD). The 5-Year and Annual PHA Plan provide a basic guide to Public Housing Agency policies, rules, and requirements concerning the Agency's operations, programs and services. In addition, the Plan advises HUD and members ofthe public about the mission and strategies for serving the needs of low-income and very low-income families within the Agency's jurisdiction. On April 13, 2010 the Housing and Redeveiopment Commission, now known as the Community Development Commission, approved the 5-Year Plan for fiscal years 2010-2014 and approved the submission ofthe plan to HUD. At this time, the Agency must submit its annual plan and its Administrative Plan to HUD. HUD's Section 8 Management Assessment Program (SEMAP) has ranked the Carlsbad Housing Agency as a "High Performer." As a High Performing Housing Agency, the PHA Annual Plan requirement is to identify the PHA Plan elements that have been revised since the last Annual Plan submission. In the PHA Plan Update segment, the areas that have been revised and updated are: Financial Resources - funding received; Rent Determination, specifically Payment Standards; and Violence Against Women Reauthorization Act of 2013 (VAWA 2013). In addition, the PHA Plan updates the Housing Needs section with the most current statistics from the Section 8 Waiting List and outlines the progress that the PHA has made since the last Plan submission. Once approved, the following documents must be submitted in addition to the PHA Plan template (form HUD 50075): • Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relatingto Civil Rights); • Resident Advisory Board (RAB) comments; and • Challenged Elements - identify any elements of the PHA Plan that is challenged. DEPARTMENT CONTACT: Bobbi Nunn 760-434-2816, Bobbi.Nunn@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Additionally, the PHA must adopt a written administrative plan that establishes local policies for administration ofthe Section 8 rental assistance program. The administrative plan establishes policy on matters for which the PHA has local discretion. The administrative plan and any revisions ofthe plan must be formally adopted by the PHA Board of Commissioners or other PHA officials. The Community Development Commission is the governing board for the Carlsbad Housing Agency. The following policies have been revised in the Administrative Plan: • Adds additional provisions as related to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013) • Revises the language allowing a one person household to request an additional bedroom for a Live-In Aide as a reasonable accommodation if the participant can demonstrate the need for the additional bedroom and it is certified by a professional. PUBUC REVIEW AND HEARING; The Draft Annual Public Housing Agency Plan and Administrative Plan were available for public review and comment priorto adoption bythe Community Development Commission. The 45 day public review period ends on April 8, 2014. Public comments from the public review period and hearing will be addressed and included in the final Public Housing Agency Plan when it is submitted to HUD. HOUSING COMMISSION RECOMMENDATION; The Housing Commission reviewed the Carlsbad Public Housing Agency Annual Plan and Administrative Plan on March 13, 2014, and adopted Resolution No. 2014-002 recommending that the Community Development Commission approve the Carlsbad Public Housing Agency Annual Plan for Fiscal Year 2014 and the revised Administrative Plan for submission to the U.S. Department of Housing and Urban Development. FISCAL IMPACT; The PHA Plan and Administrative Plan govern the federal funds allocated for administration ofthe Section 8 Rental Assistance Program. For calendar year 2013, the City of Carlsbad received approximately $5.9 million for rental assistance payments and operating expenses from HUD. ENVIRONMENTAL IMPACT; Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS; 1. Community Development Commission Resolution No. 52Z > to approve the Carlsbad Public Housing Agency Annual Plan and Administrative Plan and authorize submission to the U.S. Department of Housing and Urban Development 2. PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the ?Hk 5-Year and Annual PHA Plan, form HUD-50077 (4/2008) 3. Draft Housing Commission Meeting Minutes, March 13, 2014 4. Housing Commission Resolution No. 2014-002, adopted March 13, 2014 5. Housing Commission Staff Report, dated March 13, 2014 6. Draft Annual PHA Plan for Fiscal Year 2014, form HUD-50075 (4/2008) 7. Draft Administrative Plan for the Section 8 Housing Voucher Program, revised March 2014 2 1 RESOLUTION NO. 527 2 A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CHAIRPERSON OF THE COMMUNITY 4 DEVELOPMENT COMMISSION TO EXECUTE THE PUBLIC HOUSING AGENCY (PHA) CERTIFICATIONS OF COMPLIANCE WITH THE PHA 5 PLANS AND RELATED REGULATIONS AND APPROVING THE ANNUAL PHA PLAN FOR FISCAL YEAR 2014 AND THE ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, the Housing & Neighborhood Services ("Housing Agency") administers J Q the Section 8 Rental Assistance Program for the City of Carlsbad; and 11 WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has 12 issued regulations requiring Public Housing Agencies (PHA) to submit a 5-year and Annual Plan 13 consistent with the City of Carlsbad's Consolidated Plan and local objectives; and 14 WHEREAS, the U.S. Department of Housing and Urban Development requires that 15 the PHA revise the Administrative Plan for the Section 8 Housing Choice Voucher Program to comply with HUD regulations and changes in local policies; and 18 WHEREAS, the Department of Housing and Urban Development (HUD) further 1^ requires that the Community Development Commission approve the Annual PHA Plan for Fiscal Year 2014 and the revised Administrative Plan and authorize the Chairperson of the Community Development Commission to execute the PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan for 20 21 22 23 24 submission to the U.S. Department of Housing and Urban Development 25 NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of Carlsbad, California, as follows that: 27 1. The above recitations are true and correct 28 " 1 2. The Annual PHA Plan for Fiscal Year 2014 and the revised Administrative Plan ^ is hereby approved. The Chairperson of the Community Development Commission is hereby 3 authorized to execute the PHA Certifications of Compliance with the PHA Plans and Related 4 Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan and submit 5 , it to the U.S. Department of Housing and Urban Development, o 7 /// 8 /// 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 28 /// /// /// /// 14 /// 15 /// /// /// /// /// 21 /// 22 /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Community Development Commission of the City of Carlsbad on the 8**^ day of April, 2014, by the following vote, to wit: AYES: NOES: ABSENT: Commission Members Hall, Packard, Wood, Schumacher and Blackburn. None. None. MATT HALL, Chairman ATTEST: KATHY DODSON, Secretary EXHIBIT 2 PHA Certifications of Compliance PHA Certifications of Compliance with PHA Plans and Related Regulations U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires 4/30/2011 PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5-Year and Annual PHA Plan Acting on behalfofthe Board of Commissioners ofthe Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission ofthe 5- Year andfor XX Annual PHA Plan for the PHA fiscal year beginning July 1, 2014, hereinafter referred to as " the Plan ", of which this document is a part and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission ofthe Plan and implementation thereof: 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PH A's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations ofthe Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy ofthe recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the I'air Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view ofthe resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives lo affirmatively further fair housing that require the PHA's involvement and maintain records refiecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PlC/lMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2006-24); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection ofthe development in which to reside, including basic information about available sites; and an estimate ofthe period oftime the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent vvith civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 9. The PFIA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply vvith the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 1 1. The PHA vvill comply vvith the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page 1 of 2 form HUD-50077 (4/2008) 1 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Govemments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent vvith its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and vvill continue to be made available at least at the primary business office ofthe PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal ofilce ofthe PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. Carlsbad Housing Agcncv CA077 PHA Name PHA Number/HA Code 5-Year PHA Plan for Fiscal Years 20 - 20 XX Annual PHA Plan for Fiscal Years 2014-2015 1 hereby certify that all the informalion stated herein, as well as any informalion provided in the accompaniment herewith, is true and accurate. Warning: I IUD wil prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001. iOlO. 1012; 31 U.S.C. 3729. 3802) Name of Authorized Official Title MATT HALL CHAIRMAN, Community Development Commission Signature . // Date April 8, 2014 Previous version is ob.solctc Page 2 of 2 form HUD-50077 (4/2008) EXHIBIT 3 Draft Housing Commission Minutes March 13, 2014 Minutes of: HOUSING COMMISSION Time of Meeting: 6:00 P.M. Date of Meeting: MARCH 13, 2014 Place of Meeting: COUNCIL CHAMBERS CALL TO ORDER Chairperson Smith called the Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Smith led with the Pledge of Allegiance. ROLL CALL Present: Commissioners: Bobbie Smith Susan Igoe Craig Kirk Absent: Brian Andrews Emelda Bradwell Staff Present: Housing 8i Neighborhood Services Director: Debbie Fountain Housing Program Manager: Bobbi Nunn APPROVALOF MINUTES Minutes of January 9, 2014, meeting were approved as written. VOTE: 3-0 AYES: Igoe, Kirk and Smith NOES: None ABSTAIN: None ABSENT: Andrews and Bradwell ITEM NOT ON AGENDA There were no items not on the agenda. NEW BUSINESS Debbie Fountain, Director of Housing & Neighborhood Services, presented the item before the Housing Commission as the Carlsbad Annual Public Housing Agency Plan and Administrative Plan and introduced Bobbi Nunn, Housing Program Manager, to make the presentation. Ms. Nunn gave her presentation on the Carlsbad Annual Public Housing Agency Plan and Administrative Plan. Chairperson Smith asked Ms. Nunn if VAWA means a boyfriend or husband against a woman. Ms. Nunn said that is correct. HOUSING COMMISSION MINUTES March 13, 2014 PAGE 2 of 3 Commissioner Igoe asked if Ms. Nunn's office has seen violence against woman very often. Ms. Nunn said no she does not. Commissioner Igoe asked regarding the program from 2010 to 2014, what is the timeline for Carol and Harding? Is that the project we looked at last year? Ms. Fountain said yes it is the same project. They purchased duplexes that are rent restricted units and hope to demolish the units and build new ones. Commissioner Igoe asked if this was a revamp from before. Ms. Fountain said the Council decided to build a new project that would increase the density. Commissioner Igoe commented that she was not aware ofthe change. Ms. Fountain said they have done some minor rehabilitation for health and safety reasons to the 44 units there now. The developer hopes to eventually replace the duplex units with 200 to 300 apartments. Commissioner Igoe asked if it is rent restricted now. Ms. Fountain said yes, they have entered into a regulatory agreement with the city. Commissioner Igoe asked if this will come before the Housing Commission. Ms. Fountain said the new development will not come before the Housing Commission, but if they request additional financial assistance, it will. Ms. Nunn added that one person the Rental Assistance Program helped was in one of those duplexes. They moved into a remodeled unit with newly textured walls and new windows. Commissioner Igoe asked if the current 44 units will increase to 200. Ms. Fountain said we are hoping for that. Commissioner Igoe asked if they are all rent restricted. Ms. Fountain answered that most likely 100% of the new units will be dependent on funding sources that will require rent restrictions. Commissioner Igoe congratulated staff on being a top performer. Ms. Nunn mentioned that one Housing Specialist has retired and they will have the position filled soon. Commissioner Kirk moved that the Housing Commission adopt Resolution No. 2014-002, recommending that the Community Development Commission approve the Carlsbad Public Housing Agency (PHA) 11 HOUSING COMMISSION MINUTES March 13, 2014 PAGE 3 of 3 Annual Plan for Fiscal Year 2014 and the revised PHA Administrative Plan for submission to the U.S. Department of Housing and Urban Development. Commissioner Igoe seconded the motion. VOTE: 3-0 AYES: Igoe, Kirk and Smith NOES: None ABSTAIN: None ABSENT: Andrews and Bradwell DIRECTOR'S REPORT - Ms. Fountain said she did not have any announcements. She did discuss with the Housing Commission an incident that happened at Tavarua. She also said staff is moving forward with developers on more projects within the city. ADJOURNMENT By proper motion, the meeting of March 13, 2014, was adjourned at 6:40 p.m. Respectfully submitted. Deborah Fountain Housing &. Neighborhood Services Director PATRICIA CRESCENTI Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. IX EXHIBIT 4 Housing Commission Resolution No. 2014-002 3 HOUSING COMMISSION RESOLUTION NO. 2014-002 3 A RESOLU1 TON OF THF HOUSING COMNIISSION OF LHE Ci TY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE CARLSBAD ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR FISCAL YEAR 2014 AND ADMINISTRATIVE PLAN AND AU THORIZAriON TO SUBMIT TO THE L^.S, DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT i 8 9 10 WHEREAS, the Housing & Neighborhood Services Department administers the Seclion 8 Rental Assistance Program for the Cit^* of Carlsbad's Public Housing Agency (PHA); and WHEREAS) the U.S. Department of Housing and Urban Development (HUD) has issued regulations requiring PHAs to submit 5-Year and Annual Plaris consistent with the City of 12 Carlsbad's Consolidated Flan and local objectives; and 13 WHEREAS^ the U.S. Depairtment of Housing and Urban Development requires that tbe 1^ FHA revise the Admimstrative Plan to comply,with HUD requirements and changes in local policies; and WHEREAS, federal regulations provide that the 5-Year and Annual Plans and Administrative Plan must be adopted by the Board of Commissioners of the Housing Agency and 18 submitted to the U.S. Department of Flousing and Urban Development. 19 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission oftlie 20 . ^ 21 Cit}'' of Carlsbad, California, as follows: 15 16 23 1. Tbe above recitations are true and coiTect. 2. That based on the infonnation provided within the Housing Commission Staff Report, the Housing Commission ADOPTS Resolution No. 2014-002, recommending to the 25 26 27 28 HC RESOLUTION NO, 2014-002 PAGf- 2 9 10 11 12 13 14 15 16 17 18 19 Community Development Commission APPROVAL ofthe Carlsbad Annual PITA Plan for Fiscal Year 2014 and the Administrative Plan and authorization to submit lo the U.S. Department of Housing and Urban Deveiopment. The Housing Commission hereby recommends that the Housing &. Neighborhood Sendees Director be authorized to execute all appropriate documents required for the submittal of said Amiual PHA Plan. PASSED, APPROVED, AND ADOFTED at a special meeting of the Flousing Commission of the City of Carlsbad, California, held on the 13th day of March 2014, by the following vote, to wit: AYES: Igoe, Kirk and Smith NOES: None ABSENT: Bradwell and Andrews's ABSTAIN: None VK. J- BOBBIE SMITH, CHAIRPERSON CARLSBAD HOIJSINC COMMISSION 21 22 23 24 1 _^ DEBBIE FOUNTAIN HOUSING Sc NEIGHBORHOOD SERVICES DIRECTOR 26 27 28 IS EXHIBIT 5 Housing Commission Staff Report March 13, 2014 Ib The City of Carlsbad Housing & Neighborhood Services A REPORT TO THE HOUSING COMMISSION Staff: Bobbi Nunn Housing Program Manager Item No. 1 DATE: March 13, 2014 SUBJECT: CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN I. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 2014-002, RECOMMENDING that the Community Development Commission APPROVE the Carlsbad Public Housing Agency (PHA) Annual Plan for Fiscal Year 2014 and the revised PHA Administrative Plan for submission to the U.S. Department of Housing and Urban Development. IL BACKGROUND Housing & Neighborhood Services administers the federally funded Section 8 Rental Assistance Program for the Public Housing Authority in Carlsbad, which is more specifically known as the Carlsbad Housing Agency. Pursuant to code of federal regulations (CFR) 24 Part 903, a Public Housing Authority (PHA) is required to submit a 5-Year and Annual Plan. The 5-Year and Annual PHA Plan provides a basic guide to PHA policies, rules, and requirements concerning the PHA's operations, programs, and services. In addition, the Plan advises HUD and members of the public the PHA's mission and strategies for serving the needs of low-income and very low- income families. The 5-Year Plan for fiscal years 2010 - 2014 was approved for submission to HUD by the Housing and Redevelopment Commission, now known as the Community Development Commission, on April 13, 2010. Additionally, the PHA must adopt a written administrative plan that establishes local policies for administration ofthe Section 8 rental assistance program. The administrative plan states PHA policy on matters for which the PHA has discretion to establish local policies. The administrative plan and any revisions ofthe plan must be formally adopted bythe PHA Board of Commissioners or other PHA officials. The Community Development Commission is the governing board for the Carlsbad Housing Agency. IIL DISCUSSION The Draft PHA Annual Plan and revised Administrative Plan are available for public review and comment prior to the Public Hearing and adoption by the Community Development Commission. The public review period will end on April 8, 2014, and the Public Hearing is tentatively scheduled for April 8, 2014. All public comments received on the Draft PHA Plan and revised Administrative Plan will be addressed and included in the final documents that will be submitted to HUD. /7 CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN March 13, 2014 Page 2 As a High Performing Housing Agency, the PHA Annual Plan is only required to identify PHA Plan elements that have been revised by the PHA since the last Annual Plan submission. The following areas are addressed in the PHA Plan Update segment: • Financial Resources; • Rent Determination, specifically Payment Standards; and the • Violence Against Women Reauthorization Act of 2013 (VAWA 2013). Once the Plan is approved, the following documents are required to be submitted with the PHA Plan template (form HUD 50075): • Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relatingto Civil Rights); and • Resident Advisory Board (RAB) comments and a narrative describing the analysis of any recommendations and decisions made regarding the recommendations. In addition the following policies have been revised in the Administrative Plan: • Adds additional provisions as related to Violence Against Women Reauthorization Act of 2013 • Revises the language for a one person household to request an additional bedroom for a Live-In Aide if the participant can demonstrate the need for an extra bedroom and it is certified by a professional. IV. STAFF RECOMMENDATION Staff recommends that the Housing Commission adopt Resolution No. 2014-002, recommending that the Community Development Commission approve the PHA Annual Plan for Fiscal Year 2014 and the revised Administrative Plan for submission to the U.S. Department of Housing and Urban Development. V. EXHIBITS 1. Housing Commission Resolution No. 2014-002 2. Annual PHA Plan (form HUD-50075) for Fiscal Year 2014 3. Administrative Plan for the Section 8 Housing Voucher Program, revised March 2014 (8 EXHIBIT 6 Draft Annual PHA Plan FY 2014 PHA 5-Year and Annual Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 4/30/2011 C City of Carlsbad HOUSING AGENCY Public Housing Agency Annual Plan for Fiscal Year 2014 This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section 5A to the U.S. Housing Act of 1937, as amended, which introduced 5-Year and Annual PHA Plans. The 5-Year and Annual PHA plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements conceming the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission and strategies for serving the needs of low-income and very low-income families. This form is to be used by all PHA types for submission of the 5-Year and Annual Plans to HUD. Public reporting burden for tiiis information collection is estimated to average 12.68 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality Page 1 form HUD-50075 (4/2008) PHA 5-Year and Annual Plan U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 4/30/2011 1.0 PHA Information PHA Name: CARLSBAD HOUSING AGENCY - CARLSBAD HOUSING & NEIGHBORHOOD SERVICES PHA Code: CA077. • Standard PHA Type: • Small |3 High Performing PHA Fiscal Year Beginning: (MM/YYYY): 07/2014 HCV (Section 8) 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: N/A Number of HCV units: 703 baseline 3.0 Submission Type n 5-Year and Annual Plan Annual Plan Only • 5-Year Plan Only 4.0 PHA Consortia Not applicable • PHA Consortia: (Check box if submitting a joint Plan and complete table below.) Participating PHAs PHA Code Program(s) Included in the Consortia Programs Not in the Consortia No. of Units in Each Program PH HCV PHA 1 PHA 2 PHA 3 5.0 5-Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update. NOT REQUIRED @ ANNUAL PLAN SUBMISSION 5.1 Mission. State the PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's jurisdiction for the next five years: NOT REQUIRED @ ANNUAL PLAN SUBMISSION 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5-Year Plan. NOT REQUIRED @ ANNUAL PLAN SUBMISSION Page 2 form HUD-50075 (4/2008) 6.0 PHA Plan Update: Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: 2. Financial Resources: Statement of Financial Resources; Planned Sources and Uses [24 CFR Part 903.12 (b), 903.7 (c)] Source: Federal Grants (CY 2013 grants) Armual Contributions for HCV Program - Housing Assistance Payments (HAP) $5,471,053. Annual Contributions for HCV Program - Administrative Fees for Program Operations $ 463,361. Total Resources $ 5,934,414. 3. Financial Resources: Rent Determination Payment Standards Describe the voucher payment standards and policies. What is the PHA's payment standard? (select the category that best describes your standard) El Above 100% but at or below 110% of FMR. If the payment standard is higher than FMR, why has the PHA chosen this level? (select all that apply) IXI FMRs are not adequate to ensure success among assisted families in the PHA's segment of the FMR area 3 Reflects market or submarket El To increase housing options for families El Other (list below) • Higher standards based on the San Diego Apartment Association Rent Survey for the City of Carlsbad. 13. Violence Against Women Act (VAWA): The PHA is in compliance with VAWA. Staff is aware of outside resources available to child or adult victims of domestic violence, dating violence, and sexual assault or stalking. Staff has been directed to provide referrals to outside agencies that provide such services, including the Women's Resource Center, which is located in Oceanside and provides domestic violence services in the PHA service area. In addition a brochure titled: Violence Against Women Act - What Applicants, Tenants, Owners and Landlords Need to Know is available in English and Spanish in the lobby of Housing & Neighborhood Services Department. Also, the brochures are included in the Briefing Packets, Port In Packets, Move Packets, and mailed upon request. In addition, staff has been made aware ofthe VAWA Reauthorization Act of 2013 which extends the housing protections to survivors of sexual assault by adding "intimate partner" to the list of eligible relationships in the domestic violence definition. Also, protections now cover an "affiliated individual," which includes any lawful occupant living in the survivor's household. Page 3 form HUD-50075 (4/2008) 6.0 PHA Plan Update - continued (a) Identify the specific location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan: (For a complete list of PHA Plan elements, see Section 6.0 of the instructions.) Main administrative office of the PHA: • City of Carlsbad Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 Main administrative office of the local, county or State government: • City of Carlsbad - City Hall City Clerk 1200 Carlsbad Village Drive Carlsbad, CA 92008 Public libraries: • City of Carlsbad Main Library 1775 Dove Lane Carlsbad, CA 92011 • City of Carlsbad Georgina Cole Library 1250 Carlsbad Village Drive Carlsbad, CA 92008 Other: • City of Carlsbad Senior Center 799 Pine Avenue Carlsbad, CA 92008 PHA Plan Supporting Documents are available for inspection at: Main business office ofthe PHA: • City of Carlsbad Housing & Neighborhood Services 1200 Carlsbad Village Drive Carlsbad, CA 92008 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project-based Vouchers. Include statements related to these programs as applicable. Not applicable Page 4 form HUD-50075 (4/2008) Si3 8 0 I Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. Not applicable g J Capital Fund Program Annual Statement/Performance and Evaluation Report. As part ofthe PHA 5-Year and Annual Plan, annually complete and submit the Capital Fund Program Annual StatementfPerformance and Evaluation Report, form HUD-50075.1, for each current and open CFP grant and CFFP financing. Not applicable .. 8.2 Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund Program Five-Year Action Plan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five-Year Action Plan. Not applicable g 2 Capital Fund Financing Program (CFFP). n Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. Not applicable Page 5 form HUD-50075 (4/2008) stH- 9.0 Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. CARLSBAD HOUSING AGENCY: Section 8 Wafting List, Demographic Summary Report Housing Needs of Families on the Section 8 Waiting List Number of Families Percentage of Total Families Waiting List Total 386 Extremely Low Income (<=30% AMI) 282 73.1 percent Very Low lncome(>30% but <=50% AMI) 89 23.1 percent Low Income (>50% but <80% AMI) 14 3.6 percent Families with Children * 51 13.2 percent Elderly Families 152 41.0 percent Families with Disabilities * 108 28.0 percent * Note: Some families may be disabled families AND families with children. Race/Ethnicity Black 76 19.7 percent White 289 74.9 percent Hispanic 63 16.3 percent American Indian 8 2.1 percent Asian 10 2.6 percent Note: Individuals may self-Identify more than one race and/or ethnicity. Age by Gender AGE TOTALS MALE FEMALE HEAD OF HH MALE HEAD OF HH FEMALE 0-5 8 4 4 0 0 6-12 34 17 17 0 0 13-17 30 18 12 0 0 18 9 7 1 0 1 19-29 37 13 16 5 3 30-39 63 8 28 4 23 40-49 35 5 13 4 13 50-54 39 6 15 6 12 55-61 27 8 8 5 6 62-65 11 3 3 2 3 Over 65 76 15 29 13 19 TOTAL 369 104 146 39 80 Page 6 form HUD-50075 (4/2008) S15 9.0 Average Annual Income Average Family Size = 1.25 Average Annual Income per Family = $12,890 FAMILY SIZE AVERAGE ANNUAL INCOME 1 11,210 2 21,904 3 25,311 4 25,716 5 26,274 Earned Income NUMBER OF FAMILIES WITH EARNED INCOME PERCENTAGE OF FAMILIES WITH EARNED INCOME 67 12 percent 9.1 N/A Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 oniy, and High Performing PHAs complete only for Annual Plan submission with the 5-Year Plan. NOT REQUIRED @ ANNUAL PLAN SUBMISSION 10. Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year Plan. See Attached: PROGRESS IN MEETING MISSION AND GOALS STATEMENT {b) Significant Amendment and Substantial DeviationfModification. Provide the PHA's defmition of "significant amendment" and "substantial deviationf modification'' PHA Definition of "significant amendment" and "substantial deviation/modification": Any change that will substantially negatively impact a majority of Section 8 participants and/or Section 8 Waiting Ust applicants, unless that change is required or mandated as a result of funding constraints and/or regulatory changes. form HUD-50075 (4/2008) 11. Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD-50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD-50070, Certification for a Drug-Free Workplace (PHAs receiving CFP grants only) Not Applicable (c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) Not Applicable (d) Form SF-LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) Not Applicable (e) Form SF-LLL-A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) Not Applicable (f) Resident Advisory Board (RAB) comments. Comments received fi-om the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD-50075.1, Capital Fund Program Annual Statementf Perf ormance and Evaluation Report (PHAs receiving CFP grants only^ Not Applicable (i) Form HUD-50075.2, Capital Fund Program Five-Year Action Plan (PHAs receiving CFP grants only) Not Applicable Page 8 form HUD-50075 (4/2008) ^7 ATTACHMENT TO HUD-50075 PHA ANNUAL PLAN - FY 2014 PROGRESS IN MEETING MISSION AND GOALS STATEMENT PROGRESS OF 5-YEAR PLAN GOALS AND OBJECTIVES: FY 2010 - 2014 PHA Goal: Expand the supply of assisted housing Objective: 1) Leverage private or other public funds to create additional housing opportunities; and 2) Collaborate with private developers and non-profit agencies. • Affordable Housing Construction Assistance - Carlsbad's affordable housing program allows the City to assist in the development of new affordable housing units; resulting in an increase ofthe availability of affordable housing for renters that is decent and safe. PHA 5-YEAR PLAN GOALS AND OBJECTIVES 2010 2011 2012 2013 2014 Total Units 2010-2014 Ass/St in construction of new affordable housing. 11 units 0 47 units 101 units 0 159 Roosevelt Gardens Partnership with Habitat for Humanity 11 Vista Terrace Partnership with Solutions for Change 47 Tavarua Affordable Senior Apartments 50 Costa Pointe 9 Carol and Harding Duplex Project 42 PHA Goal: Improve the quality of assisted housing Objective: Improve voucher management (SEMAP score). • Designated by HUD as a high-performer for FY 2008, 2009, 2010, 2011, 2012 and 2013 • Maintained and utilized HAP costs within the HUD funding allocation • Maintained a 98% or higher PIC reporting rate Page 9 EXHIBIT? Draft PHA Administrative Plan Revised March 2014 ADMINISTRATIVE PLAN FORTHE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM C City of Carlsbad HOUSING AGENCY HOUSING & NEIGHBORHOOD SERVICES 1200 Carlsbad Village Drive Carlsbad, CA 92008 Revised March 2014 Adopted by the Community Development Commission on: 30 TABLE OF CONTENTS I. INTRODUCTION A. Local Objectives B. Purpose of the Administrative Plan C. Code of Conduct D. Administrative Fee Reserve II. FAIR HOUSING POLICY A. Accommodations B. Equal EmpIo3mient Opportunity C. Owner Outreach D. Family Outreach E. Limited English Proficiency III. ADMISSION TO THE PROGRAM A. B. C. D. E. Waiting List Collaboration between Housing Authorities Waiting List Administration Waiting List Purge Admission Preferences for Selection of Applicants Single Elderly, Disabled, or Displaced Person Income Targeting Local Preferences Order of Waiting List Selection IV. DETERMINATION OF APPLICANT ELIGIBILITY A. Eligible Lawful Resident B. Family Definition/Composition C. Continuously Assisted D. Selection from the Waiting List E. Denial of Admission 9 9 10 10 11 V. VOUCHER ISSUANCE AND BRIEFINGS A. Briefing of Applicants B. Voucher Term Limit C. Suspension or "tolling" D. Voucher Payment Standard E. Rent Reasonableness 12 12 12 13 13 13 TOC-i Carlsbad Housing Agency - Administrative Plan 31 A Owner B. Applicant C. Participant D. Repa3mient Agreements TOC - ii Carlsbad Housing Agency - Administrative Plan VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION 13 A Subsidy Standards 24 B. Exception to Subsidy Standards 14 C. Initial Household Composition D. Additions to Initial Household Composition 15 E. Other Household Additions 15 F. Live-In Aide 1^ G. Guest Policy 1^ H. Family Absence from the Unit 15 I. Family Break-up 17 J. Joint Custody of Children 17 VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT f HAPl CONTRACT ^ A. Family Tenancy History 17 B. Submittal of the Request for Tenancy Approval 18 C. Security Deposits lg D. Damage Claim Provisions 18 E. Housing Quality Standards and Inspections 18 F. Housing Assistance Payment 19 G. Moves -j^g VIIL SPECIAL HOUSING TYPES 20 A Special Housing Types-Manufactured Home 20 B. Other Special Housing Types 20 IX. DEBTS OWED TO THE HOUSING AGENCY 20 20 20 20 20 X. ANNUAL AND INTERIM REEXAMINATIONS 21 A Recertification 2i B. Interim Reexaminations 21 C. Family Moves 2i D. Portability 2i XI. VERIFICATION POLICY 22 A Enterprise Income Verification (EIV) 22 B. Medical Expenses 23 XII. OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF ASSISTANCE 23 A. Family Obligations 23 B. Termination Information for Participant 24 C. Illegal Drug Use (Rehabilitation) 24 D. Drug-Related Criminal Activity 24 E. Violent Criminal Activity 24 F. Crime by Family Member 24 G. Serious and Repeated Violation ofthe Lease/Rental Agreement 25 H. Fraud or Other Program Violations 25 I. Violence against PHA Personnel 25 J. Violence Against Women Act (VAWA] 25 XHL PROCEDURES FOR INFORMAL REVIEW OR HEARING 25 A Informal Review - Applicant 25 B. Informal Hearing - Participant 26 C. Hearing Notice to Participant 26 D. Pre-Hearing Discovery 26 XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS 26 A Review of the Lease/Rental Agreement 26 B. Owner Violations ofthe HAP Contract 27 C. Disapproval of Owner for "Drug Trafficking" 27 D. Disapproval of Owner for HQS Violation 27 TOC - iii Carlsbad Housing Agency - Administrative Plan 33 XV. PROJECT-BASED HOUSING CHOICE VOUCHERS 27 A. General Provisions 27 B. Background 27 C. Eligible Housing 27 D. Selection of PBV Owner Proposals 28 E. Subsidy Layering Requirements 29 F. Maximum Number of PBV units per Building 29 G. Site Selection Standards 29 H. Environmental Review 29 I. Inspection ofthe Project and Units 29 J. Agreement to Enter Into a Housing Assistance Payments (HAP) Contract 30 K. Term of the HAP Contract 3Q L. Owner Maintenance and Operation 30 M. Participant Selection for PBV assistance 30 N. Owner Selection of Tenants 31 0. Vacancies 31 P. Overcrowded, Under-Occupied, and Accessible Units 31 Q. Family Right to Move 31 R. Rent to Owner 32 S. PHA and Tenant Pa5mient to Owner for Occupied Unit 3 2 TOC-iv Carlsbad Housing Agency - Administrative Plan 3^ CARLSBAD HOUSING AGENCY SECTION 8 HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN I. INTRODUCTION The Section 8 Program was enacted as part ofthe Housing and Community Development Act of 1974 which re- codified the U.S. Housing Act of 1937. The Act has been amended along the way, and its requirements, as they apply to the Section 8 Housing Choice Voucher Program, are described in and implemented through this Administrative Plan. Carlsbad Housing Agenc/s goal, herein referred to as the Public Housing Agency (PHA), is to provide rental assistance to United States citizens and eligible lawful residents who are very low-income single persons, elderly, handicapped, disabled, and families in order that they may obtain adequate housing which is affordable,' decent safe and sanitary in the PHAs jurisdiction. In furtherance of this goal, the PHA is committed to the policies and goals contained in the Housing Element of the General Plan and the Consolidated Plan for Housing and Community Development Programs. The PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development (HUD). The PHA is not a federal department or agency. A PHA is a governmental or public body, created and authorized by state law to develop and operate housing programs for low-income families. Carlsbad's Housing Agency is a division ofthe Housing & Neighborhood Services department ofthe City of Carlsbad. The PHA has entered into an Annual Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. Administration ofthe Section 8 Program and the functions and responsibilities ofthe Carlsbad Housing Agency staff shall be in compliance with the City of Carlsbad's Personnel Policies, HUD Section 8 Regulations as well as all Federal, State and local Fair Housing Laws and Regulations. The City of Carlsbad is committed to a regional approach to meeting housing needs and collaborates with the San Diego Association of Governments (SANDAG) and with other cities in the region to encourage region-wide application of federal and state housing funds and programs. The PHA will revise the Administrative Plan, as required, to comply with changes in federal regulations. A. Local Objectives Mission of Housing & Neighborhood Services: Enhance the quality of life and sense of community for those who live in Carlsbad by providing better connections to city information and services and through focused program development and implementation, community engagement and outreach services and provision of affordable housing opportunities. The Section 8 Rental Assistance Program is designed to achieve three major objectives: 1. To provide affordable decent, safe and sanitary rental housing, of a modest (non-luxury) nature, for very low-income families. 2. To promote freedom of rental housing choice and spatial deconcentration of very low-income families of all racial and ethnic backgrounds. 3. To provide an incentive to private property owners to rent to very low-income families by offering timely assistance payments and annual inspections. ^ansSa^TousmgTgency^T^ 3^ In addition, the PHA has the following goals for the program: 1. To assist the local economy by increasing the occupancy rate and the amount of money flowing into the community. 2. To encourage self-sufficiency of participant families. B- Purpose of the Administrative Plan The purpose ofthe Administrative Plan ("Plan") is to establish policies for carrying out the Section 8 Housing Choice Voucher (HCV) Program in a manner consistent with HUD requirements and local objectives. The Plan covers both admission and continued participation in the Section 8 HCV Program. Authority for PHA policies is derived from many sources. Primarily regulations and guidance issued by HUD. state law also directs PHA policy. State law must be followed where such law exists and does not conflict with federal regulations. In the absence of legal requirements or HUD guidance, industry practice may lead to PHA policy. HUD. HUD provides the primary source of PHA policy through federal regulations, HUD Notices and handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory. HUD provides non-mandatory guidance to PHAs through HUD published guidebooks. Expired HUD Notices and handbooks also provide guidance for PHA policy. Following HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides the PHA with a "safe harbor." Content contained on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations to a specific situation. state Law. Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, the PHA should follow the state law. Industry Practice. Where no law or HUD authority exists on a particular subject, industry practice may support PHA policy. An industry practice is a way of doing things that is followed by most housing authorities. The PHA is responsible for complying with all changes in HUD regulations pertaining to these programs. If such changes conflict with this Plan, HUD regulations will have precedence. The original Plan and any amendments must be approved by the Housing Commission and the Community Development Commission. An adopted copy ofthe Administrative Plan must be submitted to HUD. This Plan fulfills the HUD regulatory requirement that PHA's adopt a written administrative plan that establishes local discretionary policies for administration ofthe Section 8 program in accordance with HUD requirements. The Administrative Plan is a supporting document to the Public Housing Agency (PHA) Plan and must be available for public review. This Plan does NOT include all HUD regulations concerning the Housing Choice Voucher Program. This Plan is to be utilized in conjunction with the PHA Plan, HUD regulations, HUD Voucher Program Guidebook, HUD Handbooks, HUD Memorandums and PIH Notices. The user of this Plan is advised to consult the above listed documents for detailed information and guidance. ^arlsBa^toTismgAgenc^ 36 C. Code of Conduct All officers and employees will comply with the City of Carlsbad policies as well as those mandated under the conflict of interest requirements ofthe Housing Choice Voucher Program. The conflict of interest provision under 24 CFR 982.161 prohibits the PHA, or any of its contractors or subcontractors, from entering into any contract or arrangement in connection with the tenant based programs in which any ofthe following classes or persons has any interest, direct or indirect, during tenure or for one year thereafter. The classes or persons include: 1. Any present or former member or officer of the PHA (except a participant commissioner); 2. Any employee of the PHA, or any contractor or subcontractor or agent of the PHA, who formulates policy or influences decisions with respect to the programs; 3. Any public official, member of a governing body, or State or local legislator, who exercises functions or responsibilities with respect to the programs; and 4. Any member of the Congress of the United States. Any members ofthe classes described in this section must disclose their interest or prospective interest to the PHA and HUD. The HUD field office may waive, for good cause, the conflict of interest provision under this section. All PHA officers, employees, contractors, subcontractors, or agents will comply with all requirements that prohibit the solicitation or acceptance of gifts or gratuities in excess of a nominal value of $25. All PHA officers, employees, contractors, subcontractors, or agents will conduct business with integrity and in an honest and professional manner. Any violations ofthe PHA Code of Conduct and City of Carlsbad ethical standards policies, including those contained in the City of Carlsbad City Code; Personnel Rules; Housing 8i Neighborhood Services Department rules and regulations; and applicable Memoranda of Understanding (including standards of conduct specified within), will result in disciplinary action ranging from letter(s) of warning to termination of employment and/or contract. Opportunity may be offered, on a case-by-case basis, to correct a conflict of interest. The Code of Conduct will be communicated to the above groups upon initial employment, prior to execution of a contract, and at least annually. D. Administrative Fee Reserves The Community Development Commission must approve expenditures ofthe administrative fee reserve (operating reserve) in excess of $50,000. Such expenditures must be used for other housing purposes, as defined by HUD. ^aHsEa^tousTn^genc^^^^ 37 IL FAIR HOUSING POLICY It is the policy ofthe PHA to comply fully with all federal, state, and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. PHA staff members may be required to attend fair housing training. The PHA shall not deny any family or individual the opportunity to apply for or receive assistance under the Section 8 Program on the basis of race, color, national or ethnic origin, age, religion, sex, familial or marital status, disability, sexual orientation, or sex/gender identity and expression. The PHA will provide federal/state/local information to Section 8 applicants and participants regarding "discrimination" and any recourse available to them if they feel that they are victims of discrimination. The following information will be provided during the initial program briefing session and included in the Section 8 briefing packet: applicable Fair Housing Information, HUD-1260-FHEO Fair Housing Handbook, and Discrimination Complaint Forms. This information will also be given upon request. In addition. Fair Housing pamphlets in English and Spanish are displayed in the PHA's lobby. Upon request, PHA staff will be available to assist applicants and participants complete Discrimination Complaint Forms. To further the PHA's commitment to full compliance with applicable Civil Rights laws, the City of Carlsbad contracts with CSA San Diego County, a non-profit corporation 501(c)3 registered with the State of California. This organization is an advocate for human and civil rights. They provide fair housing workshops and tenant/landlord mediation. In addition, CSA San Diego County has published a handbook 'BE INFORMED - Rental Housing Handbook' that is also published in Spanish. The publication is available in the lobby and included in the HCV briefing packet. A. Accommodations A person with a disability may require special accommodations in order to have equal access to the HCV program. The types of reasonable accommodations the PHA can provide include changes, exceptions, or adjustments to a rule, policy, practice, or service. Federal regulations stipulate that requests for accommodations will be considered reasonable if they do not create an "undue financial and administrative burden" for the PHA, or result in a "fundamental alteration" in the nature ofthe program or services offered. An undue financial burden includes one that when considering the available resources ofthe agency as a whole, granting the reasonable accommodation poses a severe financial hardship on the agency. A fundamental alteration is a modification that alters the essential nature of a provider's operations. The PHA's office is located at: 1200 Carlsbad Village Drive, Carlsbad, CA 92008. The office is accessible to persons with disabilities. Accessibility for the hearing-impaired is provided by the State of California Communications Systems. The accommodation policy is applicable to all situations described in this Plan; at the time an applicant or participant initiates contact with the PHA including when an applicant family applies, when the PHA initiates contact with a family, and when the PHA schedules or reschedules an appointment. The PHA's policies and practices will be designed to provide assurances that all persons with disabilities will be provided reasonable accommodation so that they may fully access the Housing & Neighborhood Services Department. Requests for reasonable accommodation from persons with disabilities will be considered if the request does not create an undue financial and/or administrative burden or result in a fundamental alteration. A third-party verification will be required that documents that the requestor is a person with disabilities and also certifies that the person's impairment limits their participation in the Section 8 program in a specific way that can only be alleviated bythe requested accommodation. Third-party verifications must be provided by a professional competent to render the opinion and knowledgeable about the requestor's situation. A designee will be allowed to provide some information, but only with the permission ofthe person with the disability. A list 3^ of accessible rental units for persons with a disability is available in the lobby; are included with the Voucher Briefing packet, and will be provided upon request. Housing information and materials are displayed in locations throughout the PHA's office that are easily readable from a wheelchair. B. Equal Employment Opportunity The City of Carlsbad provides equal employment opportunities to all potential job applicants and employees in accordance with the City of Carlsbad's Equal Employment Opportunity Policy. In employing personnel for all housing programs, the PHA will follow non-discrimination guidelines. C. Owner Outreach The PHA encourages owners of decent, safe and sanitary rental units to rent to Section 8 participants. The PHA maintains an ongoing list of available rental units and interested owners/property managers. The list is available in the lobby and is updated on a bi-weekly basis. When listings from owners/property managers are received, they will be compiled by the PHA staff by bedroom size and date of availability. Actions to encourage participation by owners of suitable rental units located outside areas of low-income and minority areas: 1. The PHA maintains communication with the San Diego County Apartment Association and local property management companies. These resources will be used to make owners aware ofthe benefits ofthe Section 8 Rental Assistance Program. 2. In order to expand participation of new owners who are interested in the program or are unfamiliar with the program, the Housing Program Manager will call the prospective owner to explain the benefits ofthe Section 8 program and encourage their participation. 3. Housing representatives will attend local agency and community fairs to increase awareness of the program and benefits for owners. Housing representatives will also participate in Owner seminars/workshops, which are organized in coordination of with other local housing agencies, San Diego County Apartment Association, North County Apartment Managers Association, and local property management companies. 4. Owner information packets describing the benefits of the rental assistance program will be available upon request. 5. The PHA will market the Section 8 program by conducting Rental Owner workshops for prospective owners periodically to explain the program benefits, especially during periods of low voucher utilization and low vacancy rates. 6. The PHA will utilize the media, including newspapers, magazines, internet, television and radio to market the Section 8 program as determined necessary. The PHA will periodically evaluate the distribution of assisted families to identify areas within the jurisdiction where owner outreach should be targeted. ^aHsOTHousmgAgenc^ 51 D. Familv Outreach Outreach will inform all eligible segments of Carlsbad's population ofthe availability ofthe Section 8 Rental Assistance program. If applicant groups are not reflective ofthe eligible population, additional outreach aimed at targeted groups will be increased. The PHA will publicize the availability of rental assistance for very low-income families in newspapers of general circulation, minority media, and by other suitable means. Notices will also be provided in Spanish. In addition, the PHA will distribute fact sheets to the broadcasting media, and initiate personal contact with members ofthe news media and community service agencies to utilize public service announcements. The following is a list of media that may be used: 1. Daily Publications U-T San Diego U-T North County Coastal 2. Weekly Publications Hispanos Unidos The Reader The Coast News La Prensa San Diego 3. T.V. stations Channel 24/126 - Carlsbad City TV (Time Warner Cable) Channel 99 - Carlsbad City TV (AT&T U-Verse) Channel 5 - KSWB Channel 8-KFMB Channel 10-KGTV Channel 39/Cable 7 - KNBC Uaisons have been established with a variety of city and county agencies, private social service agencies, non- profit agencies and special interest groups. The PHA will communicate the status of rental assistance availability to the service providers in the community, advising them of eligibility factors and guidelines so that they can make appropriate referrals. Community contacts include but are not limited to the following: Access Center Aid to Veterans of America Association for Retarded Citizens Brother Benno's Carlsbad Unified School District Camp Pendleton Housing Referral Catholic Charities Casa de Amparo Community Interface Services Department of Rehabilitation, State of California Employment Development Department Health and Human Services Agency, County of San Diego Interfaith Community Services La Posada de Guadalupe Legal Aid Society Lifeline Community Services MAAC Mental Health Systems, Inc. Mira Costa College L4C MITE, North County North County Career Center North San Diego County Association of Realtors Palomar College Regional Occupation Program Salvation Army Senior Center SER - Jobs for Progress Social Security Administration Veteran's Administration Women's Resource Center E. Limited English Proficiency (LEP) The PHA will take reasonable steps to ensure that Umited English Proficient persons have meaningful access to the Housing Choice Voucher Program. III. ADMISSION TO THE HOUSING CHOICE VOUCHER TENANT-BASED PROGRAM An applicant for the HCV Tenant-Based Program may be admitted to the program by two methods: 1. Special Admission. Special purpose funding or grants for specified families or for a specified category of families may be received, from time to time, by the PHA. Such housing assistance funding shall be for the individuals and families indicated in the federal, State or local ordinances, rules and regulations. A specific waiting list may be necessary for each special category of eligible families. Separate notices, special program rules and information will be made available to the public and to the targeted individuals and families. For example, the PHA has been allocated 75 vouchers under the Non-Elderly Persons with Disabilities Program. These 75 vouchers are set- aside for households in which the head or spouse is a non-elderly person with disabilities 2. Waiting List Admission. Except for special admissions, participants' shall be selected from the PHA waiting list. The PHA shall select participants from the waiting list in accordance with the admission and equal opportunity policies described in this Plan. A. Waiting List Collaboration between Housing Agencies Carlsbad PHA has adopted a collaborative policy, with the five local Housing Agencies in San Diego County, in regards to the Section 8 Waiting List. This policy allows applicants to transfer their waiting list application from one housing agency's jurisdiction to another housing agency's jurisdiction, maintaining their original date of application if the applicant lives or works in that jurisdiction. The PHA, upon request from an applicant, will forward a waiting list application in the event that the applicant moves or is working in another agency's jurisdiction. Conversely, the Carlsbad PHA will accept a waiting list application from another San Diego County PHA if that applicant either lives or works in Carlsbad's jurisdiction. Upon acceptance of such application, the PHA will integrate the application into the current waiting list preserving the original date and time ofthe initial application. An application for a specific date from another local Housing Agency will be accepted one time only. If the application is denied for any reason or the applicant fails to use a voucher issued by the PHA for any reason, the same application will not be accepted again on the PHA's waiting list. NOTE: the City of Carlsbad's waiting list has been closed since October 1,2005; to ensure fairness to the applicants currently on the waiting list, waiting list applications WILL ONLY be accepted from another San Diego County PHA //the application date is prior to the October 1^* closing date. ^aSa^TTousm^Agenc 41 B. Waiting List Administration The PHA's Section 8 Waiting Ust is currently closed and has been closed since October 1, 2005. An applicant's eligibility for a local preference will not be verified until the applicant's name comes up for eligibility certification from the waiting list. In the event that there are two or more eligible applicant families with identical preferences, the one with the earliest date of placement on the waiting list will be selected first. The waiting list will be maintained by application date and local preference. When the PHA opens the waiting list, applications will be accepted from eligible citizens and eligible lawful residents who are very low-income single persons, families, elderly, handicapped and disabled. When the pre-application is received, the date and time ofthe applicant's information will be documented for placement on the waiting list. A letter of confirmation will be sent to the applicant advising them of their status on the waiting list. In addition, the letter will advise the applicant household that it is their responsibility to notify the PHA, in writing, of any changes in their address, income, household composition, or any other changes that may impact their eligibility for a local preference. C. Waiting List Purge Periodically, the PHA will conduct a purge of the waiting list. An applicant will be mailed a notification requesting an update in information and inquiring whether they are still interested in remaining on the waiting list. The PHA will withdraw a household's application from the waiting list when: 1. The applicant does not respond to the PHA's written request for information or updates; 2. The applicant refuses an offer of assistance under the Housing Choice Voucher program; 3. The PHA has information substantiating fraud on the part of the applicant; 4. The PHA has information that any household member is currently engaged in drug-related activity, violent criminal activity, and/or is engaged in abuse of alcohol or has a pattern of alcohol abuse that may threaten the health, safety, or right to peaceful enjoyment ofthe premises by other residents; 5. Based on updated information received, the applicant is determined ineligible; or 6. The applicant requests removal of their application from the waiting list. The PHA will notify the applicant, in writing, of the intention to remove their application from the waiting list. D. Admission Preferences for Selection of Applicants Single Elderly, Disabled, or Displaced Person. A single person who is elderly, disabled or displaced is selected or assisted before a single person who is not elderly, disabled or displaced. Income Targeting. HUD had mandated that PHA's assist 75% of applicants who qualify as extremely low income; applicants who are at or below 30% ofthe area median income (AMI). The PHA will give a preference to those applicants who fall in the category of extremely low income based on 30% ofthe area median income and their household size. Applicants with incomes above 30% ofthe area median income will be placed back on the waiting list until the applicants who live or work within Carlsbad and whose income is at or below 30% of area median income have been selected from the waiting list. Local Preferences. The PHA has established local preferences; an applicant who is a resident of or employed within Carlsbad will have preference over an applicant who is not a resident or is not employed in Carlsbad. Applicants may also be eligible for local preferences in the following order: 1. Displaced by government action or natural disaster. 2. Veteran's preference. A head of household or spouse who has been discharged from military service under honorable or general conditions (with the exception of dishonorable), or a spouse of a deceased veteran will have preference over non-veterans. E. Order of Waiting List Selection Applicants will be selected from the waiting list in accordance with the date and time of application and the preferences that they are claiming on their application. Selection of applicants will be made in the following order: Applicant resides or is employed in Carlsbad: 1. Extremely Low-Income Household (Income by household size is at or below 30% of AMI) 2. Displaced by Government Action or Natural Disaster 3. Head of Household or Spouse qualifies for Veteran's Preference 4. All other Applicants Applicant does not reside or is not employed in Carlsbad: 1. Extremely Low-Income Household (Income by household size is at or below 30% of AMI) 2. Displaced by Government Action or Natural Disaster 3. Head of Household or Spouse qualifies for Veteran's Preference 4. All other Applicants V. DETERMINATION OF APPLICANT ELIGIBILITY A. Eligible Lawful Resident In accordance with Section 214 of the Housing and Community Development Act of 1980, as amended, the Secretary of the U.S. Department of Housing and Urban Development (HUD) and PHA's are prohibited from making financial assistance available to persons other than United States citizens, nationals, or certain categories of eligible non-citizens in HUD's Public Housing and the Section 8 Housing Assistance Pa5mients (HAP) programs. B. Family Definition/Composition 1. A "family" may be a single person or two or more persons who share residency and whose combined income and resources are used to determine financial eligibility. 2. A "family" includes a household with a child or children. 3. A "family" may be a group of persons consisting of two or more elderly persons or disabled persons living together, or one or more elderly or disabled persons living with one or more live-in aide(s). 4. A "family" may be a single person. 5. A single person may be: a. an elderly person; b. a disabled person; c. a displaced person; or d. any other single person, such as the remaining member of an assisted family. NOTE: A child who is temporarily away from the home due to placement in foster care is considered a member of the family and counted when determining what size subsidy standard to issue. However, an adult child who is away from the household attending school or who is in the military is NOT considered a member of the family for determining the subsidy standard. ^!ansCaTnousm^genc^^ ^3 C. Continuouslv Assisted An applicant is continuously assisted, under the 1937 Housing Act, if the family is already receiving assistance under any 1937 Housing Act program when the family is admitted to the voucher program. D. Selection from the Waiting List When the applicant's name has reached the top ofthe waiting list and there is an available voucher and/or funding, an Intake Packet will be mailed to the applicant to complete, sign, and return. Upon receipt ofthe completed intake paperwork, the information is reviewed to determine if the applicant appears to be eligible. If the applicant appears to be eligible, they will be invited to attend a Group Intake appointment and an eligibility interview. The certification period will begin as ofthe date ofthe Group Intake appointment. Applicants made inactive on the waiting list will be given the 'benefit ofthe doubt' if there is a possibility that they were removed from the waiting list through no fault of their own. In orderto be reinstated, applicants must submit a request, in writing, asking to be reinstated on the waiting list and give an explanation for their request. Reinstatement requests will be reviewed by the Housing Program Manager for approval. Reasons that may be considered when determining whether or not to reinstate the application: • Applicant states that they had submitted a change of address to the PHA; • Applicant states that they had not changed their address, but did not receive the paperwork; • Applicant requests reinstatement as a reasonable accommodation; or • Applicant requests consideration due to another circumstance; such as medical, family emergency, etc. If approved for reinstatement, the applicant will receive their original date of application. A letter with updated waiting list information will be mailed to the applicant. If the reinstatement is not approved, the applicant will be mailed a letter informing them that they will not be reinstated and that they will need to reapply. Except for an extreme circumstance, applicants may only request reinstatement one time. An applicant family that is selected off the waiting list will be determined to be eligible or not eligible to continue with the eligibility process. This determination will be made based on the information provided on the Personal Declaration, the supporting documents submitted and independent verification bythe PHA. The family must be eligible for the preferences that they have claimed, the current income limits, and jurisdiction priority as ofthe date their application was selected from the waiting list. A family change in circumstances after the date the family was selected from the waiting list for the eligibility process will not be evaluated. The change will be documented but it will not negatively impact their position during the eligibility process. However, if the family's change in circumstances is priorto voucher issuance and results in the family's income exceeding 50% ofthe Area Median Income (AMI), the family must be denied program admission. If the family is determined to be ineligible as ofthe date the family was selected from the waiting list, the family will be required to reapply for placement on the waiting list (if the waiting list is open). If the family's income increases after it was issued a voucher. The income increase will be handled in accordance with the PHA's current interim policy and may not be processed until the family's next annual reexamination after the family leases a rental unit. Carls EaT Housm^genqT^'A^^ E. Denial of Admission The PHA shall deny an applicant admission to participation in the rental assistance program under the following circumstances: 1. If the applicant has breached a repayment agreement and owes money to any PHA. If an existing repayment agreement is in good standing, in connection with any housing program under the United States Housing Act of 1937, the applicant may continue making payments or pay in full and be approved for continued processing. 2. If the applicant, as a previous participant in any rental assistance program, has not reimbursed the PHA for any amounts paid to an owner under a contract for rent or any other amounts owed by the family under the lease or for a vacated unit. 3. If any family member commits fraud, bribery, or other corrupt or criminal act in connection with any federal housing assistance program. 4. If the family has violated any family obligation under the program(s). 5. If the applicant is currently engaging in drug-related criminal activity or violent criminal activity, including criminal activity by any family or household member. Currently engaging in illegal drug, or violent criminal activity means that an individual has engaged in the behavior recently enough to justify that the individual's behavior is current. 6. If any adult member fails to sign consent forms for obtaining information. 7. If a PHA has ever terminated assistance under the Certificate or Voucher program for any member ofthe family. 8. If the family has engaged in or threatened abusive or violent behavior towards PHA personnel. 9. If any member of the household is subject to a lifetime registration requirement under a State Sex Offender Registration program. 10. The PHA has reasonable cause to believe that illegal drug use or a pattern of illegal drug use by a household member may threaten the health, safety, or right to peaceful enjoyment ofthe premises by other residents. 11. Any household member has ever been convicted of drug-related criminal activity for manufacture or production of methamphetamine on the premises of federally assisted housing. 12. The PHA determines that it has reasonable cause to believe that a household member's abuse or a pattern of abuse of alcohol may threaten the health, safety, or right to peaceful enjoyment ofthe premises by other residents. 13. A member of the family engaged in violent criminal activity during the past five years. Violent criminal activity is any criminal activity that has as one of its elements, the use, attempted use, or threatened use of physical force substantial enough to cause, or be likely to cause, serious bodily injury or property damage. 14. A member ofthe family engaged in illegal drug-related activity during the past five years that involved: sales, transportation, manufacture or possession for sale. Tar!s^a3^^^ousmg 15. A family member engaged in other criminal activity during the past five years that threatened the health or safety ofthe PHA, owner, employee, contractor or agent ofthe PHA or the right to peaceful enjoyment ofthe premises by other residents. 16. In the past three years, a member of the family was evicted from federally assisted housing for illegal drug activities or personal drug use. This does not apply if evidence of rehabilitation is provided or the violator is no longer a part of the household. 17. In the past one year period, a family member has engaged in illegal drug use or possession of drugs for personal use. This does not apply if proof of completing a rehabilitation program is provided or the violator is not a part ofthe household. V. VOUCHER ISSUANCE AND BRIEFINGS A. Briefing of Applicants After an applicant is determined eligible, the applicant will be scheduled for a Voucher Briefing session. By request, individual, or at-home Voucher Briefing sessions will be conducted based on the needs ofthe eligible applicants. Separate briefings will be conducted for non-English speaking applicants when necessary. The briefing format will be an oral presentation with visual aids. The briefing will include a description of how the program works; family and owner responsibilities; and where the family may lease a rental unit, including transferring assistance to another jurisdiction. The briefing will also explain the portability process and relocating to non-impacted census tracts. Applicants will be given a Voucher Briefing packet which includes materials and information as outlined in the Federal Regulations. The Voucher Briefing packet will include literature concerning, but not limited to: term and the suspension ofthe voucher, voucher payment standards, utility allowances, HUD-required "lease addendum". Request for Tenancy Approval, PHA subsidy standards and PHA's policy on granting exceptions to the subsidy standards, HUD brochure on selecting a suitable rental unit, HUD lead-based paint brochure, HUD Fair-Housing pamphlet, family obligations under the program, the grounds on which the PHA may deny or terminate assistance, reasonable accommodation policies and the PHA informal hearing procedures. B. Voucher Term Limit For participant's who are porting into the PHA's jurisdiction, the voucher issuance and term date will be determined by the initial Housing Agency. For current participating family's, the voucher will initially be issued for a term of 120 days. For an applicant, the issuance date is the date ofthe briefing. For a participant requesting to move or port to another jurisdiction, the issuance date is the earliest date the participant is eligible to enter into a new contract. Upon written request by the family, a one-time 60-day extension will be granted to accommodate a person with disabilities. The family must complete the request form provided bythe PHA. Extension requests must be submitted on or before the voucher expiration date. The maximum term ofthe voucher is 120 calendar days from the date of issuance (except for reasonable accommodation and extenuating circumstances as noted below). Extensions beyond 120 days may be granted as a "reasonable accommodation" for a person with disabilities. Extensions beyond 120 days, other than those for "reasonable accommodation", will only be considered for extenuating circumstances in which the applicant/participant, through no fault of their own, was not able to search for housing. Third-party documentation will be required for extensions beyond 120 days. The extension granted will only be for the amount of the time that the applicant/participant was not able to search for housing. 5ans5aTHoiJs!n^Agenc^^^^ A request for an extension may be approved for extenuating circumstances that include hospitalization, serious illness, family emergency, or, if porting to another jurisdiction, atthe request ofthe receiving PHA. Extensions will not be granted because of credit problems, financial inability to relocate to another unit, incarceration, or situations that are within the control of the family. C. Suspension or "Tolling" Once the participant submits a Request for Tenancy Approval (RFTA), the term ofthe voucher is suspended. Suspension (tolling) means stopping the clock on the term ofthe voucher. The suspension ofthe term starts the day the RFTA is received in the office up to the date when the PHA approves or denies a RFTA. Suspensions (tolling) will only be granted when the unit is not approved due to situations beyond the control ofthe family. There will be a 60-day maximum suspension period. If the PHA is unable to approve the unit within 60 days from the date ofthe suspension, the family must look for another unit. On the 61^* day, the clock will begin and the remainder time of the voucher term will be calculated. If a RFTA is denied by the PHA, the term of the voucher will resume effective the date of the denial. The PHA will change the dates on the voucher to reflect the appropriate term date and note the reason for the suspension. The PHA will allow suspensions as reasonable accommodation for a family with a disabled family member to allow equal access to housing opportunities. D. Voucher Payment Standard The PHA will reviewthe voucher payment standard, as needed to ensure effective utilization of vouchers. The PHA will take into consideration available funding, the number of families on the waiting list, the availability of affordable housing, the prevailing fair market rents for decent, safe and sanitary housing in the community, and the ability of participants to pay rent exceeding the payment standard. E. Rent Reasonableness The purpose ofthe Rent Reasonableness test is to assure that a fair rent is paid for units selected for participation in the Rental Assistance Program and the program does not have the effect of inflating rents in the community. Rent reasonableness determinations are made when units are placed under contract forthe first time, before any increase in rent to owner, and if there is a 5% decrease in the published Fair Market Rent. The PHA will determine whether the rent to owner is a reasonable rent in comparison to rent for other comparable unassisted units. To make this determination, the PHA will consider: • The location, quality, size, unit type, and age ofthe contract unit. • Any amenities, housing services, maintenance and utilities to be provided by the owner in accordance with the lease. VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION Subsidy standards determine the number of bedrooms allocated to an assisted family. The subsidy standard is based on the family composition at initial eligibility and will be reviewed each time there is a change in the household composition to ensure that the assisted rental unit is not in violation of overcrowding per Housing Quality Standards (HQS). Port-in families moving into this PHA's jurisdiction, from another Housing Agency, will be subsidized based on this PHA's subsidy standards. Subsidy standards do not dictate sleeping arrangements for the family. Tar^s^aS^Houslj^^ H1 Subsidy standards should not be confused with Housing Quality Standards (HQS) minimum space requirements. The HQS space requirements set a standard for the maximum number of people that can occupy the assisted unit. Further, the HQS space requirements allow space other than bedrooms to be considered "living/sleeping rooms" to ensure maximum flexibility in determining whether an assisted unit is overcrowded. In accordance with HQS minimum space requirements, the assisted unit must have at least one bedroom or living/sleeping room for each two persons in the household. A. Subsidy Standards Vouchers will be issued in the smallest bedroom size to which the family is determined qualified. One bedroom will be issued to the Head of Household (to be shared with their spouse or significant other, if applicable), and an additional bedroom will be issued for each two persons in the household, regardless of age, sex or family relationship. The following are the minimum number of bedrooms allocated by number of people in the household, per the subsidy standards, and the maximum number of people allowed per living/sleeping room size, per HQS: Voucher Subsidy Size Minimum Size of Family Maximum Size of Family Studio one person two people One bedroom one person four people Two bedroom two people six people Three bedroom four people eight people Four bedroom six people ten people Five bedroom eight people twelve people B. Exception to Subsidy Standards The PHA may grant an exception to the subsidy standards, if the PHA determines that the exception is justified due to the health, disability or special needs of an assisted family member. Prior to the exception being approved, the PHA will require appropriate documentation by a professional that there is a need. An increase in the approved bedroom size will not be granted if there are other sleeping and/or living areas (rooms) that can be used by the family. The PHA's current subsidy standards exceed the minimum subsidy standards established by HUD. An extra bedroom will be issued for a live-in aide, in accordance with the Live-In Aide policy in this section. Note: a one person household may not automatically be granted an additional bedroom to accommodate a Live-In Aide as the living room may be considered a sleeping area. However, if the one person household can demonstrate that they do need the extra bedroom subsidy due to their disability and that need is confirmed by a professional, the request will be taken into consideration as an accommodation. C. Initial Household Composition The PHA shall approve the members constituting the household. The household members listed at the time of initial contract are approved household members and shall be considered the "Initial Household Composition (IHC)". Only members ofthe IHC or mandatory additions shall qualify as "remaining members" of a participant family. When an adult family member moves out ofthe assisted household, they are no longer considered members ofthe IHC and will never be considered remaining members. Remaining members who are part ofthe IHC or mandatory additions have entitlement to continue receiving rental assistance should the head of household pass away or leave the Section 8 Program. ^ansBa^nousmgTgenc^^^c^^ D. Additions to Initial Household Composition Under the following circumstances, prior PHA approval is NOT required to add an additional member: 1. There is a birth of a child to one of the PHA approved members of the family. 2. The court awards custody of a child to one of the PHA approved members of the family. 3. There is a legal adoption of a child by one of the PHA approved members of the family. However, the family must inform the PHA, in writing, ofthe above changes in the family composition within 15 days ofthe change. It is the family's responsibility to provide to the PHA a revised copy of their lease/rental agreement adding the new child within 30 days ofthe addition. The PHA may require the participant to provide legal documents to substantiate the change reported. Housing Quality Standards will be reviewed at the time of the family composition change to verify that the addition(s) to the household will not result in an "over- crowded" situation. E. Other Household Additions The participant must ask for PHA written approval prior to adding any other member as an occupant of the unit (including a foster child and Live-In Aide). The PHA may approve additions to the household composition, if the following conditions are met: 1. The landlord approves, in writing, a change in tenant composition, prior to the addition ofthe person(s) to the household, and; 2. The subsidy size does not increase, and; 3. An over-crowded condition is not created. The subsidy size will not be increased due to the addition of adults to the household, including adult children returning to the home. F. Live-In Aide A Live-In Aide is a person who lives with a participant who is over the age of 50, or is an elderly individual, or a person with disabilities. A relative may be considered a Uve-ln Aide; however, they will not be considered eligible if they currently live in the assisted unit as a household member or they were a household member as an adult within the last two years. A Live-In Aide must meet the following criteria: • A person who is determined to be essential to the care and well-being ofthe person(s); and • Is not obligated for support of the person(s); and • A person who would not be living in the assisted unit except to provide necessary support services. The following documentation is required before the PHA will approve the Live-In Aide: • Notice of Right to Request a Reasonable Accommodation form completed by the applicant or participant requesting a Live-In Aide. • Live-In Aide Verification form completed and signed by a licensed professional who is knowledgeable about the person's situation and will certify the need for the Live-In Aide. The Live-In Aide Verification form is to be completed atthe initial request and upon recertification ofthe household or if the family moves. • Uve-ln Aide Certification completed and signed by the Live-In Aide. The Live-In Aide's family members may reside in the unit provided that the subsidy standard does not increase due to the need for additional bedrooms, and the presence ofthe Uve-ln Aide's family does not overcrowd the assisted unit in accordance with HQS. Tar^s^a3i^^ousmg^^^ The Live-In Aide qualifies for occupancy in the unit only as long as the member ofthe family needing supportive services also resides in the assisted unit. The Uve-ln Aide does not qualify for continued assistance as a remaining family member. The Live-In Aide must be approved by the PHA and the owner of the assisted unit. The PHA will consider all eligibility requirements used for applicants when approving a Live-In Aide(s) and will use the same standard that is used to approve applicants. The PHA may refuse to approve a particular person as a Live-In Aide, or may withdraw an approval if: 1. The person commits fraud, bribery or any corrupt or criminal act in connection with any federal housing program; 2. The person commits drug-related criminal activity or violent criminal activity; 3. The person abuses alcohol or has a pattern of abuse that may threaten the health, safety, or the right to peaceful enjoyment ofthe premises by other residents; or 4. The person currently owes rent or other amounts to the PHA or to another PHA in connection with Section 8 or public housing assistance under the 1937 Act. G. Guest Policy The PHA recognizes that participants will have visitors who may stay at the assisted unit. The participant must notifythe PHA of visitors staying at the assisted unit for more than 21 days. Extended stays by visitors may be considered a family composition change which must be reported to the PHA, in writing, by the participant. The participant shall be, upon request by the PHA, responsible for providing the PHA information concerning visitors. It is the family's obligation to comply with all ofthe terms ofthe lease or rental agreement, including those that govern guests and visitors. The following visitor circumstances, separately or in combination may be considered a family composition change: 1. The visitor has moved personal clothing and possessions into the unit. 2. The visitor sleeps, as a pattern and practice, at the premises on a daily basis or for a majority of days in the week. 3. The visitor is working in the area but has no other place of permanent residence. 4. The visitor receives mail at the assisted residence. Failure by the participant to inform the PHA ofthe above circumstances may be grounds for termination from the program. H. Family Absence from the Unit The PHA may allow extended family absences from the assisted unit; however, the absence may not exceed 90 consecutive days in any circumstance, except to provide a "reasonable accommodation" to a person with disabilities. The definition of "absence" is that no member ofthe assisted family is residing in the rental unit. Family absences which are expected to last longer than 30 days must be reported to the PHA. Acceptable reasons for extended family absences may include but are not limited to: illnesses or medical situations which require in-patient treatment, absences to care for relatives, and absences due to a family death. Unapproved absences lasting longer than 90 days may be subject to termination of HAP payments and rental assistance benefits. The participant must request approval in writing and inform the PHA ofthe nature ofthe absence. Absences will not be approved for imprisonment due to drug-related or violent criminal activity. 50 1. Family Break-up In determining which family members continue to receive assistance after a family breaks up, the PHA shall take into consideration the following factors and conditions: 1. The Initial Household Composition at the time of admission to the program. 2. Whether the assistance should remain with family members staying in the assisted unit. 3. The interest of minor children or of ill, elderly or disabled family members. 4. Whether the family members are forced to leave as a result of actual or threatened physical violence against family members by a spouse or other member ofthe "household". First, the PHA will consider the welfare ofthe children and elderly or disabled individuals. The PHA may consult with appropriate federal. State or local agencies and institutions for guidance in reaching a decision which serves the best interest ofthe entire family. Court decrees or other information concerning the social and economic circumstances and overall welfare of the family will be taken into consideration. The assigned Housing Specialist will make recommendations forthe Housing Program Manager's approval concerning disposition ofthe family, based on consultation (if possible) with the impacted adult members. Recommendations will be reviewed with the family, before a final decision is made in either approving the recommendation or modification thereof. In the case where the custody of children is clear, the remaining household member may be issued a voucher if they would otherwise be eligible on their own. For example, the remaining member is a person with disabilities or is an elderly individual. In the case where there are no children involved and the assisted household is separating, the initial voucher will go with the head of household and a voucher may be issued to the remaining family member if they would otherwise qualify on their own. Issuing a voucher to the remaining member in these circumstances will be based on whether there is adequate funding available to support the voucher. J. Joint Custody of Children Children, who are subject to a joint custody agreement but live with the applicant/participant at least 51 percent of the time, will be considered members of the household. The definition of "51 percent of the time" is 183 cumulative days within a calendar year. In a joint custody arrangement, if the minor is in the household less than 183 cumulative days, the minor will be considered an eligible visitor and not a dependent child in the assisted household. Minor children or adult dependents cannot receive assistance in two different households. In situations where separated parents are each claiming the child as a member ofthe household, the parent whose address is listed in the school records will be allowed to claim the school-age child as a dependent for determining the subsidy standard for Section 8 purposes. If the child is not of school-age, the parent who claims the child as a dependent on their income tax return will be considered the custodial parent. VIL TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT A. Family Tenancy History The PHA will inform the prospective owner that the PHA does not screen the family's behavior or suitability for tenancy and that such screening is the owner's own responsibility. Upon request ofthe owner, the PHA must provide the family's current address and the name and address ofthe owner and the owner information for prior addresses, if known. The PHA will provide the same family information to all owners, as requested. The PHA will not provide the owner with additional information regarding history of tenancy, drug-related activity, or violent criminal activity, unless instructed, in writing, bythe applicant or participant. ^ansnaHTTTousmg^ 61 B. Submittal of the Request for Tenancy Approval The PHA will permit an applicant or participant to submit one Request for Tenancy Approval (RFTA) at a time. The PHA specifies the RFTA submission process at the briefing session and/or move appointment. In general, upon approval of tenancy by an owner/owner's agent, the participant will furnish the prospective owner the RFTA form. Upon completion by the owner/owner's agent, the completed RFTA must be submitted to the PHA. The PHA will review the RFTA for approval. If the RFTA is approved, the PHA will schedule an appointment with the owner and participant to conduct a Housing Quality Standards (HQS) inspection. If the RFTA is not approved, the PHA will inform the household and property owner by phone and in writing. C. Security Deposits In accordance with State and local Law, the owner may collect a security deposit from the prospective tenant. The PHA does not set a limit on the owner's security deposit and it is the owner's responsibility to collect the established security deposit amount from the tenant. However, the PHA prohibits the owner from collecting a security deposit in excess of private market practice, or in excess of security deposits forthe owner's unassisted units. D. Damage Claim Provisions Effective October 2,1995, the Conforming Rule eliminates the right of the owner to claim reimbursement from the PHA for damages or other amounts owed by the tenant under the lease/rental agreement. The owner must charge the tenant for payment of any damages or unpaid rent where the total exceeds the amount of security deposit that was originally collected from the tenant. A participant who causes damage to the assisted unit or premises, or has a guest who causes damage to the assisted unit or premises, that exceed normal wear and tear, may be terminated from the Section 8 program. E. Housing Quality Standards and Inspections Housing Quality Standards (HQS) are the minimum quality standards for housing assisted under the Section 8 Rental Assistance program. Assisted Housing must comply with HQS, both at initial occupancy and during the term ofthe assisted occupancy. The goal is to assist eligible families to rent units that are decent, safe, and sanitary. Also, the HQS establishes the minimum space requirements. The HQS space requirements set a standard for the maximum number of people that can occupy the assisted unit. Further, the HQS space requirements allow space other than bedrooms to be considered a living or sleeping room to ensure maximum flexibility in determining whether an assisted unit is overcrowded. In accordance with HQS minimum space requirements, the assisted unit must have at least one bedroom or living/sleeping room for each two persons in the household. The HQS space requirements do not dictate who sleeps in each bedroom or living\sleeping room. PHA staff will perform an initial and annual inspection in accordance with HUD Housing Quality Standards and local City codes. PHA staff will also conduct an HQS inspection at the request of a participant or owner/owner's agent, if there is a question as to whether the rental unit meets the standard of decent, safe, and sanitary housing. Also, PHA staff will consult with the City Code Compliance staff on situations that appear to fail the City codes. If one or more items fail, the rental owner and the tenant are sent a letter noting the Fail or Pass with Comment item(s). If a unit has failed the inspection, the owner is requested to bring the fail item into compliance within 30 days of notification and a reinspection appointment is scheduled. The Housing Specialist must note any extensions given to the owner to make repairs for routine items, including the reason for and length ofthe extension. If the item(s) are a "life-threatening fail", the item must be repaired within 24 hours. If an owner refuses to remedy any failed item within 30 days for routine fail items and 24 hours for life threatening fail ^ansSa^Tousm^gencT^ 5A items, the owner and participant will be notified that the Housing Agency will abate the Housing Assistance Payment. If the owner has not completed the repairs within two weeks ofthe notice of abatement, the Housing Specialist will proceed to terminate the contract. If the repairs are confirmed by a reinspection on or prior to the contract termination date, the payments may continue as ofthe date that the Housing Specialist verifies that the unit passes inspection. If the Inspector makes the determination that the tenant caused the fail item, the tenant has the same time constraints as the owner for repairing the item. If it is a "life threatening fail", the tenant must remedy the fail item within 24 hours. If it is a routine fail, the tenant must repair it within 30 days. The repair must be made by the tenant or by having the owner repair the item and bill the tenant. Payment arrangements for repairs billed to the tenant are an issue between the owner and the tenant. However, failure to follow through on the payment agreement would be grounds for termination. If the tenant fails to remedy the fail item in the prescribed time frame, the Housing Specialist will proceed with termination of rental assistance benefits. F. Housing Assistance Payment The Housing Assistance payment shall not be made to the owner/owner's agent until the PHA: 1. Approves the RFTA and the Lease/Rental Agreement; 2. Determines the rental unit is approvable and that the rent requested is under the amount that the participant family qualifies for 3. Rental unit passes the HQS inspection, passes local City codes, and is rent reasonable in comparison to other unassisted rental units; 4. Receives the completed Internal Revenue Service, Form W-9 and related documents confirming ownership ofthe property; 5. The participant moves into the rental unit; and 6. HAP Contract and Tenancy Addendum has been signed by the owner/owner's agent and executed bythe Housing Representative. NOTE: the first month housing assistance payment will be made pending the receipt of the signed HAP Contract from the owner, if the owner fails to return the HAP contract within the time requested the subsequent HAP checks will be suspended until all documents are received. G. Moves Families will not be permitted to move during the initial term of the lease, unless the move is necessary due to a family member being the victim of domestic violence, dating violence, or stalking, in which case a move will be allowed and no waiver will be required. Families will not be permitted to move more than once in a twelve-month period, unless they can demonstrate the move is required due to a medical emergency, reasonable accommodation, the landlord issuing a termination of tenancy notice, or as a result of a family member being the victim of domestic violence, dating violence, or stalking. Other situations will be reviewed for approval based on their specific situation and the need to move. Families will not be permitted to move if the lease/rental agreement was not properly terminated by either the family providing the owner a proper 30-day written notice to move, an approved waiver between the landlord and the tenant, or by a termination of tenancy notice issued by the owner. Tarfs^aS^Housmg^^r^^ 53 VIII. SPECIAL HOUSING TYPES A. Special Housing Types-Manufactured Home The PHA allows Section 8 assistance to be used to provide assistance to a family that owns a manufactured home, but rents the space. B. Other Special Housing Types The PHA does not allow any other special housing types, but will permit a family to utilize Shared Housing if it is needed as a reasonable accommodation to make the program readily accessible to and usable by persons with disabilities. IX. DEBTS OWED TO THE HOUSING AGENCY A. Owner If an owner is indebted to the PHA as a result of an overpayment, the owner will be requested to either pay the amount due in full or be advised that the overpayment will be deducted from future housing assistance payment(s) until the overpayment is paid. If the owner fails to pay the amount owed and there is not a future Housing Assistance Payment to offset, the owner will be banned from renting to future Section 8 participants until the debt is resolved. B. Applicant An applicant must pay in full all debts, if any, owed to the PHA or any other Housing Agency before being admitted to the rental assistance program. An exception may be made if the applicant is current on a repayment agreement. C. Participant A participant, including a participant under portability, with repayment agreements in good standing will be allowed to continue making payments under such agreements until the debt is paid in full. Failure to make timely payments will be grounds for termination of benefits. However, if a participant wishes to move or port to another jurisdiction, the balance must be paid in full priorto execution of a new contract. The Housing Program Manager may approve an exception to this provision if the family demonstrates that they have made timely payments in accordance with the Repayment Agreement and the family may suffer a hardship if they are unable to relocate or exercise portability. D. Repayment Agreements The PHA may offer a participant an opportunity to enter into a Repayment Agreement to pay rental assistance payments that were overpaid on the participant's behalf while occupying an assisted unit. The participant will remain in good standing with the PHA as long as the payments are made in a timely manner. Failure to abide by the Repayment Agreement shall be grounds for termination of Section 8 benefits. Participants will not be able to port to another jurisdiction until payment is received in full. The Housing Program Manager may waive this requirement if the participant has been making monthly payments and it would be a hardship on the family if they were unable to move, //the PHA offers a repayment agreement, it will determine the terms. The period for repayment shall not exceed 36 months unless approved bythe Housing Program Manager. A family who fails to report an income increase within the 15-day reporting period is subject to a retroactive interim effective the first of the month following the income increase and any overpaid housing assistance will need to be paid by the family. A family may be allowed to remain on the program and enter into a ^ansEa^HousmgTgencT^ 5^/ Repayment Agreement if there are no other issues, the unreported income was less than $15,000, and providing the family did not deliberately provide false, misleading, incomplete, or incorrect information to the PHA. A family not current on their Repayment Agreement will be sent a warning letter if it is their first offense. A 30-day notice of intended action (NIA) to terminate assistance will be issued if the family has already been sent a warning letter and continues to not make monthly payments in accordance with the Repayment Agreement. X. ANNUAL AND INTERIM REEXAMINATIONS A. Recertification It is a HUD requirement to annually reexamine family eligibility, including families who qualify as elderly, handicapped or disabled. Inspections will be performed and rents reviewed annually, and/or at such other times as circumstances may require. B. Interim Reexaminations Interim reexaminations (certifications conducted before the anniversary date) are based on a change in family composition or financial status. Interim reexamination will not alter the date of the family's annual recertification. Any increase in the family's share ofthe rent, prompted bythe interim reexam, shall be preceded by a minimum of 30 days' written notice of such increase. Interim reexaminations will only be completed under the following circumstances: 1. The household reports a decrease in income that will continue in excess of thirty days. 2. A household that previously had no income, or had less income than the welfare amount for the family size, reports that income is now being received by a family member. 3. The household reports a new source of income. 4. A Family Self-Sufficiency household requests an interim when their income increases. 5. The household misrepresented the facts upon which their share of rent was based. 6. An administrative error on the part of the PHA. 7. As dictated by a HUD PIH Notice or Memorandum. An interim reexam that results in a decrease in the participant's share of rent will be effective the first ofthe month after the date that the change is reported. Retroactive payment(s) will be made to the owner once the information reported has been verified. Retroactive payments that are $25 or less will be paid on the next monthly payment batch. Retroactive payments over $25 will be paid as soon as the next check run. All reports of changes in income, assets, or number of household members must be reported in writing. C. Familv Moves Families will be provided information regarding their responsibility to give the owner and the PHA advance notice of any moves. This information is provided to the participant at briefings, in the lease agreement/addendum and upon inquiry to the PHA. D. Portability Port in participants - the PHA will generally accept the income eligibility determination ofthe initial Housing Agency, if completed within 60 days of transfer and if there is not any family composition or income changes that have occurred. New family composition or income change information may warrant a redetermination by the PHA. Ta?^s^!a3iHo\ism^ 55 Port out participants - the PHA will allow the family to lease outside of the jurisdiction if they are in good standing. XI. VERIFICATION POLICY A. Enterprise Income Verification HUD regulations state that Enterprise Income Verification (EIV) is the preferred method of verification whenever possible. HUD has made available the EIV System and strongly encourages PHA's to utilize the system to validate tenant reported income and inform tenants of the PHA's capability and intent to compare tenant-reported information with data received. EIV shall only be utilized by users authorized bythe Executive Director, who have completed the necessary HUD paperwork for EIV access. If the EIV income information is less than the family's reported income, the PHA will use the family's reported income, as verified by third-party verification (or other forms if third-party cannot be obtained). If the EIV income information is more than the family's income figure, the PHA will use the EIV, unless the family provides documentation of a change in circumstances to explain the discrepancy (e.g. a reduction in work hours). Upon receipt of acceptable family-provided documentation of a change in circumstances, the PHA will use the family-provided information. Since EIV provides wage information that may be up to six months old, it may only be used for verification in combination with at least two months of current paystubs provided that the participant is still working for the same employer. EIV will be reviewed for all family members at least annually at recertification and when the family is transferring its assistance to another unit in the PHA's jurisdiction. If EIV data is substantially different from tenant-reported and/or third-party documentation, the following procedures shall take place. Substantially different is defined as when income verified by third-party verification (or lesser forms of verification if third-party cannot be obtained) exceeds tenant reported income by $2,400 or more annually. 1. In any case where staff has relied solely on EIV data to document the discrepant income, staff shall submit a third-party verification form to the income source. 2. Staff shall review historical data for prior patterns of employment, benefit payments, and/or other income source histories. 3. Staff shall discuss the discrepancy with the tenant and the tenant shall be given the opportunity to resolve the discrepancy. Such discussion shall either be verbally or in writing. a. Although the tenant shall be given the opportunity to resolve the discrepancy, the final arbiter shall be either third-party verification or EIV data, whichever is accurate; unless the tenant can provide documentation that one or both parties' data is incorrect. b. If the tenant is able to produce sufficient documentation of incorrect third-party and/or EIV data, staff stall contact the proper personnel in charge of this data for resolution. Staff shall determine the cause of the income discrepancy. If it is determined to be a tenant-caused discrepancy, staff will determine if the family committed willful and intentional fraud by failing to report the income. The PHA may require the family to repay the entire amount in full or have its assistance terminated for committing fraud, a violation of family obligations under the program. If the family's assistance is terminated and repayment has not been made, the money owed is considered an overpayment of assistance and the PHA may take action to collect the overpayment. In determining whether the family violated the family obligation, the PHA will determine whether the family supplied the information willingly at the last annual recertification, or interim reexam, or move appointment. Tarfs^aS^Housing 6(o If it is determined that the family failed to report income due an unintentional error or omission by the family, staff will calculate the amount of the overpayment and offer the family a Repayment Agreement. The overpayment shall be calculated back to the effective date of the increase in income. If the family declines to sign a Repayment Agreement, the assistance ofthe family may be terminated for violation of their family obligations. B. Medical Expenses When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense, IRS publication 502 will be used as a guide. The PHA will allow as a medical expense the actual out-of-pocket amounts which are owed and anticipated to be paid by the family during the reexam period. Expenses from the previous year may be analyzed to determine the amount when other verification is not available. XII. OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF ASSISTANCE A. Family Obligations The PHA shall terminate assistance to a family for willful and negligent failure to perform family obligations, except for reasons which the family had no control, were unintentional, or minor, such as mail delivery delays or failure of mail delivery. Because there may be many circumstances concerning compliance with family obligations, each failure will be considered by the Housing Specialist and Housing Program Manager on the case merits; however, repeated, serious, deceptive and manipulative failure to comply with family obligations will be automatic grounds for termination. Family obligations include but are not limited to the following; the family must: 1. Supply any information that the PHA or HUD determines to be necessary in the administration of the program, including evidence of citizenship or eligible immigration status. The family must supply any information requested bythe PHA or HUD for use in a regularly scheduled reexamination of family income and composition. 2. Disclose and verify social security numbers and sign and submit consent forms for obtaining information. 3. Supply any information requested by the PHA to verify that the family is living in the unit or information related to family absence from the unit. 4. Promptly notify the PHA in writing when the family is away from the unit for an extended period of time in accordance with PHA policies. 5. Allow the PHA to inspect the unit at reasonable times and after reasonable notice. 6. Notify the PHA and owner in writing before moving out of the unit or terminating the lease. 7. Use the assisted unit for residence by the family. The unit must be the family's only residence. 8. Promptly notify the PHA in writing of the birth, adoption, or court-awarded custody of a child. 9. Request PHA written approval to add any other family member as an occupant of the unit. 10. Promptly notify the PHA, in writing, if any family member no longer lives in the unit. 11. Give the PHA a copy of any owner eviction notice. 12. Pay utility bills and supply appliances that the owner is not required to supply under the lease. Any information the family provides must be true and complete. 57 The family (including each family member) must not: 1. Own or have any interest in the unit (other than in a cooperative, or the owner of a manufactured home leasing a manufactured home space). 2. Commit any serious or repeated violation of the lease. 3. Commit fraud, bribery, or any other corrupt or criminal act in connection with the program. 4. Participate in illegal drug or violent criminal activity. 5. Sublease or let the unit or assign the lease or transfer the unit. 6. Receive Section 8 tenant-based program assistance while receiving another housing subsidy, for the same unit or different unit under any other Federal, State, or local housing assistance program. 7. Damage the unit or premises (other than from ordinary wear and tear) or permit any guest to damage the unit or premises. 8. Receive Section 8 tenant-based program housing assistance while residing in a unit owned by a parent, child, grandparent, grandchild, sister or brother of any member ofthe family, unless the PHA has determined (and has notified the owner and the family of such determination) that approving rental of the unit, notwithstanding such relationship, would provide reasonable accommodation for a family member who is a person with disabilities. 9. Engage in illegal use of a controlled substance or abuse of alcohol that threatens the health and safety or right to peaceful enjoyment ofthe premises by other residents. B. Termination Information for Participant If the PHA intends to proceed with termination of rental assistance benefits, the participant will be mailed a Notice of Intended Action which will state the reason(s) for the proposed termination. The Notice of Intended Action will outline the procedures for a participant to request an Informal Hearing as well as their rights during the Hearing process. C. Illegal Drug Use (Rehabilitation) The PHA shall require a family member who has engaged in the illegal use and possession of drugs to submit evidence of participation in, or successful completion of, a treatment program as a condition to being allowed to reside in the unit. D. Drug-related Criminal Activity The PHA shall terminate families who engage in drug-related criminal activity, regardless of where the criminal activity takes place. E. Violent Criminal Activity The PHA shall terminate families who engage in violent criminal activity, including spousal abuse, child abuse, threats to landlords, neighbors, and violence against property. F. Crime by Family Member The PHA shall terminate assistance to a family if the preponderance of evidence indicates that a family member, foster child or Live-In Aide has committed the crime, or friends/guests ofthe assisted family committed the crime, regardless of whether the person has been arrested or convicted, or without regard to whether a crime is technically classified as a felony. Tar^s^B^iHousmg^^^ 5? G. Serious and Repeated Violation of the Lease/Rental Agreement The PHA shall terminate assistance to a family and deny permission to move with continued assistance for serious and/or repeated violations ofthe lease/rental agreement. The PHA will conduct a Tenant Conference once three infractions have been made, as reported in writing by the owner ofthe property. A Stipulation Agreement will be offered to the participant advising and acknowledging that any future violations may result in termination of rental assistance benefits. If the violations continue, a Notice of Intended Action will be mailed to the family. H. Fraud or Other Program Violations The PHA shall deny or terminate assistance if any member ofthe family commits fraud, bribery or any other corrupt act. Such criminal act is a breach of family obligations. I. Violence against PHA Personnel The PHA shall deny or terminate assistance if the family has engaged in or uses abusive or violent language or behavior toward PHA personnel. J. Violence Against Women Act (VAWA) Denial of assistance to an applicant or termination of assistance of a participant for criminal activity is subject to the provisions ofthe Violence Against Women Act of 2005 and Reauthorization Act of 2013 as described below: 1. Being a victim of domestic violence, dating violence, or stalking is not a basis for denial of assistance or admission to assisted housing if the applicant otherwise qualifies for assistance or admission. 2. Incidents or threats of abuse will not be construed as serious or repeated violations of the lease/rental agreement or other "good cause" for termination ofthe assistance, tenancy, or occupancy rights of a victim of abuse. 3. The PHA has authority to terminate voucher assistance for certain family members while permitting other members of a participant family to continue receiving assistance (providing the culpable family member will no longer reside in the unit). The PHA's right to exercise this administrative discretion is not dependent on a bifurcated lease or other eviction action by the owner against an individual family member. 4. Certification of Abuse: The PHA will request that the victim of abuse complete the HUD form 50066 - Certification of Domestic Violence, Dating Violence or Stalking. This form must be provided within fourteen (14) business days from the date the PHA requests it. Without the certification, the PHA may terminate assistance. XIIL PROCEDURES FOR INFORMAL REVIEW OR HEARING A. Informal Review - Applicant The PHA will advise an applicant of his/her right to an informal review if denied assistance. The PHA shall grant an informal review, upon request, to any applicant who is denied assistance for any reason. Such review shall be conducted by any person designated by the PHA; however, it may not be a person who made or approved the decision under review or a subordinate of that person. Such informal review procedure shall permit or require: 1. The applicant to present written or oral objections. 2. The PHA to notify the applicant, in a timely manner, of the PHA final decision after the informal review. The notice must include a brief statement of the reasons for the decision. ^aHsSacnHousmgAgenc 51 B. Informal Hearing - Participant The PHA shall offer a hearing for certain PHA determinations relating to the individual circumstances of a participant family. The hearing is held to consider whether PHA decisions related to the family circumstances are in accordance with the law, HUD rules and regulations and the PHA policies and procedures. A hearing shall be offered on: 1. PHA determination of the family's income. 2. PHA determination of the family unit size for the family under the PHA subsidy standards. 3. PHA determination of the appropriate utility allowance for the family from the PHA utility allowance schedule. 4. PHA determination to deny or terminate assistance because of family actions or inactions. 5. PHA determination to terminate assistance because the family has been absent from the unit for longer than the maximum period permitted under PHA policy and HUD Rules. A request for an informal hearing must be received by the PHA and postmarked within 15 days from the date of the "Notice of Intended Action". The PHA is not required to provide an opportunity for an informal hearing for PHA discretionary administrative determinations or for general policy issues or class grievances. C. Hearing Notice to Participant The PHA shall notify the family of its right to request a hearing on a decision to deny or terminate assistance. The notice shall include a brief statement of reasons for the PHA decision. The notice will advise the family that they have 15 days from the date ofthe Notice of Intended Action to request an Informal Hearing. The PHA will advise the participant of their right to examine documents that are relevant to the reasons cited for initiating termination of benefits and the right of the family to seek legal representation. The PHA will schedule the informal hearing in a reasonably expeditious manner upon the request ofthe family. The PHA will not terminate rental assistance benefits under an executed HAP contract until a hearing decision has been rendered. D. Pre-Hearing Discovery The family has a right to pre-hearing discovery of PHA documents, including records and regulations, which are directly relevant to the hearing. The family shall be allowed to make a copy of any such documents. The family is required to produce the documents at the PHA office. The PHA has a parallel right to pre-hearing examination of relevant family documents. The hearing packet shall be available to the participant prior to the scheduled Informal Hearing. The family must provide any documents that will be presented at the Informal Hearing to the PHA before the scheduled Informal Hearing. The PHA may not rely on a document withheld from disclosure. Similarly, the family may not rely upon a document not produced at request by the PHA. The hearing officer has the discretion to allow untimely submissions of relevant documents required, based on the relative sophistication ofthe family, the complexity ofthe documents required, and the time the family had access to the documents before the hearing. The PHA shall allow applicants and participants the right to inspect and copy documents under supervision of a PHA staff person. XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS A. Review of the Lease/Rental Agreement The PHA will review a lease/rental agreement utilized by an owner to assure that the document is in compliance with federal. State and local law. The owner will be required to attach the HUD lease addendum to their lease/rental agreement. Tarfs^aSiHousn^^ B. Owner Violations of the HAP Contract The PHA may terminate an owner from the program for serious and repeated violations ofthe HAP Contract and/or lease agreement. C. Disapproval of Owner for "Drug Trafficking" The PHA shall disapprove of an owner if the PHA is in possession of credible information that the owner has engaged in drug-dealing or trafficking. Drug trafficking refers to commercial drug-dealing (manufacture, sale, or distribution of narcotics), but does not cover illegal drug use. D. Disapproval of Owner for HQS Violation The PHA shall disapprove of an owner with a continued "history or practice" of violating HQS, City codes or applicable housing standards under other federal housing programs. XV. PROJECT-BASED HOUSING CHOICE VOUCHERS A. General Provisions The project-based component ofthe Housing Choice Voucher Program allows rental assistance to be attached to a specific unit and/or project instead of a tenant-based program. The project may be owned by an individual, corporation, trust, partnership, non-profit entity, as well as by the City of Carlsbad, excluding those sanctioned from participation. The use of Project-Based Vouchers is governed bythe HUD regulations at 24 CFR Part 983. If there are any conflicts between the Administrative Plan and the HUD regulations pertaining to the PHA's project-based voucher program, the HUD regulations shall prevail. The PHA may set aside up to 20 percent of the amount of budget authority allocated to the PHA by HUD in the PHA voucher program for a Project-Based Voucher (PBV) Program. A separate waiting list will be established for the PBV Program. At this time the Carlsbad Housing Agency has not exercised the Project- Based Voucher component ofthe Section 8 Rental Assistance Program. B. Background Voucher holders who are persons with disabilities or special needs, including victims of domestic violence, often have an even more difficult time locating appropriate housing that qualifies for the HCV Program. Persons with disabilities and/or special needs often require supportive services to assist them in meeting their daily needs and living independently. In orderto improve the success rate of those least likely to be successful in a tenant-based rental assistance program, the PHA has determined that it may be necessary to allocate its vouchers to project- based assistance. C. Eligible Housing Project-Based Voucher assistance may be used for existing housing, or for newly constructed or rehabilitated housing developed under and in accordance with a development agreement; the housing must be located within the jurisdiction ofthe City of Carlsbad. Housing projects may consist ofthe following housing types: apartments, condominiums, group homes or houses. ^aHsEa^TouslngAger^ (pl Project-based vouchers may not provide assistance for: 1. Shared Housing 2. Units on the grounds of a penal, reformatory, medical, mental, or similar public or private institution. 3. Nursing homes or facilities providing continuous psychiatric, medical, nursing services, board and care, or intermediate care. 4. Units that are owned or controlled by an educational institution or its affiliate and are designated for occupancy by students of the institution. 5. Manufactured homes. 6. Cooperative housing. 7. Transitional Housing. 8. High-rise elevator project for families with children. 9. An Owner-occupied unit 10. A unit occupied by an ineligible family. In addition, PBV assistance may not be attached to a unit subsidized by another government program as defined in 24 CFR 983.54. D. Selection of PBV Owner Proposals The PHA may select PBV proposals by either of the following two methods. 1. PHA Request for PBV Proposals. 2. Selection of a proposal for housing assisted under a federal, state or local government housing assistance, community development or supportive services program that requires competitive selection of proposals, where the proposal has been selected in accordance with such program's competitive selection requirements within three years ofthe PBV proposal selection date, and the earlier competitive selection proposal did not involve any consideration that the project would receive PBV assistance. Under the first selection method, PHA Request for PBV Proposals, priority will be given to proposals: 1. In which the project was funded through the HOME and/or Low Income Housing Tax Credit (LIHTC) Program. 2. In which the PBV units will be designated for "qualifying families", specifically elderly or disabled families, or families receiving supportive services. Supportive services are defined as medical or disability-related services; help with daily living activities and assistance with domestic violence. Additionally, proposals will be evaluated based on the criteria specified in 24 CFR 983.57 for existing, rehabilitated, and new housing. The PHA shall provide public notice ofthe opportunity to offer PBV proposals for consideration ofthe PHA. The PHA shall publish the public notice in a local newspaper of general circulation. The public notice will include a specific submission deadline. Detailed applications and selection information will be provided at the request of interested parties. The PHA will give prompt written notice to the party that submitted a selected proposal. The PHA will also give a prompt public notice ofthe proposal selection, including publication in a local newspaper of general circulation. The PHA will make documentation available for public inspection regarding the basis for the PHA selection of a specific proposal. E. Subsidy Lavering Requirements The PHA will provide PBV assistance only in accordance with HUD subsidy layering regulations (24 CFR 4.13). The PHA will not enter an Agreement or HAP contract until HUD or an independent entity approved by HUD has conducted the required subsidy layering review and determined that PBV assistance is in accordance with HUD subsidy layering requirements. F. Maximum Number of PBV Units per Building The maximum number of units that can be assigned PBV assistance in a multi-family building is 25%, except for units specifically made available for "Qualifying Families". "Qualifying families" means elderly or disabled families, or families receiving supportive services. Supportive services are defined as medical or disability-related services; help with daily living activities and assistance with domestic violence. G. Site Selection Standards Site selection standards are identified in 24 CFR 983.57 and have different provisions for newly constructed, rehabilitated, and existing housing. Priorto selection of a proposal for PBV housing, the PHA must determine that project-based assistance for housing at the selected site is consistent with the goal of deconcentration of poverty and expanding housing and economic opportunities. H. Environmental Review The PHA may not enter into an agreement or HAP contract with an owner, and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct real property or commit or expend program or local funds for PBV activities until the responsible entity has completed the environmental review and HUD has approved the environmental certification, the responsible entity has determined the project to be assisted is exempt, or HUD has performed an environmental review and provided written notification of approval. I. Inspection of the Project and Units The Housing Quality Standards (HQS) cited under 24 CFR 982.401 are used for the PBV Program. The PHA must examine the proposed site before the proposal selection date. All existing units must be inspected before the proposal selection date and the PHA must determine if the units substantially comply with the HQS. To qualify as existing housing, the units must substantially comply with the HQS on the proposed selection date. The PHA may not execute the HAP Contract until the units fully comply with the HQS. When a new family moves into a PBV unit, the unit must pass a HQS inspection before assistance can begin. The PHA will conduct a random inspection of at least 20 percent ofthe PBV units in each project annually to determine if the contract units and premises are maintained in accordance with the HQS. If more than 20 percent ofthe annual sample fails, the PHA will reinspect 100 percent ofthe PBV units. The project and/or individual units are subject to special inspections for quality control purposes, or in response to a complaint. ^ar!sna^Hous!ng15genc^ 63 J. Agreement to Enter Into a Housing Assistance Payments (HAP) Contract The Agreement must be in the form required by HUD headquarters. If not available, the contract will be based on contracts currently in use by other public housing agencies. For rehabilitated and newly constructed units, the contract must comply with 24 CFR 983.151 through 983.204. Existing Housing must comply with 24 CFR 983.201-983.204. K. Term ofthe HAP Contract The PHA may enter into a HAP contract with an owner for an initial term of up to ten years for each contract unit. Within one year before expiration, the PHA may agree to extend the term ofthe HAP contract for an additional term of five years if the PHA determines an extension is appropriate to continue providing affordable housing for low-income families. The HAP Contract must provide that the term ofthe PHA's contract is subject to the availability of sufficient appropriated funding. The owner may terminate the HAP Contract; upon notice to the PHA, if the amount ofthe rent to owner is reduced below the amount ofthe initial rent to owner. L. Owner Maintenance and Operation The owner must maintain the project in conformance with Housing Quality Standards. The PHA must not make any HAP payment to the owner for a contract unit during any period in which the unit does not comply with HQS. Occupants of assisted units may be required to make repairs to correct violations in HQS that were caused by tenant abuse or neglect. The project must be in compliance with all relevant federal. State and local laws, as well as all zoning and other regulatory requirements. Taxes, fees, assessments, insurance, mortgages or other debts related to the projects must be kept current. Project owners must take prompt action against residents engaging in illegal activities on the premises. M. Participant Selection for PBV assistance The PHA will maintain a separate waiting list for each PBV Project. The PHA will notify applicants on the Section 8 tenant-based waiting list ofthe opportunity to place their names on the PBV waiting list. The PHA will select families who are participants in the PHA's tenant-based voucher program and on the PBV waiting list or are applicants on the PBV waiting list in accordance with following preferences: 1. In-place family. An in-place family is defined as an eligible family residing in a proposed contract unit on the proposal selection date. 2. Families (including individuals) with disabilities that significantly interfere with their ability to obtain or maintain themselves in housing, who without appropriate supportive services, will not be able to obtain or maintain themselves in housing; and, for whom such services cannot be provided in a non-segregated setting. a. Participants in the PHA's tenant-based voucher program b. Families (including individuals) currently residing or working in Carlsbad who have applied for admission to the PBV Program. c. Families (including individuals) not currently residing or working in Carlsbad who have applied for admission to the PBV Program. ^arlsnacTTtousm^gen^^ In no case will an ineligible family be displaced. The unit may be designated for PBV assistance after the ineligible family moves from the unit. N. Owner Selection of Tenants During the term ofthe contract, the owner must lease contract units only to eligible families selected and referred by the PHA from the PHA waiting list. The owner is responsible for adopting written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant's ability to perform the lease obligations. Screening of applicants is the sole responsibility of the owner, except the PHA must give the owner the family's current and prior address and the name and address (if known) ofthe landlord at the family's current and previous address. An owner must promptly notify, in writing, any rejected applicant ofthe grounds for the rejection. 0. Vacancies The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. The Project may be eligible for up to two months vacancy loss, upon written request in the manner prescribed by the PHA, provided that all appropriate measures are taken to fill the vacancies and the vacancy is not the fault ofthe owner. The PHA may reduce the number of units under contract if the unit remains vacant for 120 days. P. Overcrowded. Under-Occupied, and Accessible Units If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the family does not require, and the unit is needed by a family that requires the accessibility features, the PHA will promptly notifythe family and the owner of this determination, and ofthe PHA's offer of continued assistance in another unit. The PHA will offer the family project-based voucher assistance in an appropriate size unit (in the same building or another building) or tenant-based assistance under the voucher program. If the family does not accept the offer to move with the PBV or tenant-based voucher assistance, the PHA will terminate the housing assistance payments for the wrong-sized or accessible unit, at the expiration of a period not to exceed 90 days. Q. Family Right to Move The family may terminate the assisted lease after the first year of occupancy by providing written advance notice of intent to vacate (with a copy to the PHA) in accordance with the lease. If the family elects to terminate their tenancy after one year, the PHA will offer the family the opportunity for continued tenant-based assistance under the voucher program. Before giving notice to terminate tenancy, the family must contact the PHA to request comparable tenant-based rental assistance if the family wishes to move with continued assistance. If voucher rental assistance is not available, the family will be given priority for the next available opportunity for continued tenant-based assistance. 65 If the family terminates the assisted lease of a PBV unit before the end of one year, the family relinquishes the opportunity for continued tenant-based assistance. R. Rent to Owner Rent to owner is covered by Subpart G (983.301 through 983.305). Rent adjustments may be processed once a year effective on the annual anniversary date ofthe HAP Contract provided the new rent amount is reasonable and the owners give a minimum of a 60-day advance written notice to the tenant(s) and the PHA. The adjusted rent to owner amount applies for the period of 12 calendar months from the annual anniversary of the HAP Contract. Per CFR 983.304, for units assisted under the HOME program, rents may not exceed rent limits required bythe HOME program. At its discretion, the PHA may reduce the initial rent to owner because of other governmental subsidies, including tax credit, or tax exemption, grants, or other subsidized financing. S. PHA and Tenant Pavment to Owner for Occupied Unit The PHA shall make payments to the owner in accordance with the terms ofthe HAP Contract. The family is only responsible for paying the portion ofthe rent determined bythe PHA. Except for assisted living developments, the owner may not charge tenants, family members, or both for meals or supportive services. The owner may not charge the tenant or family members extra amounts for items customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the complex. CarlsBacniousm^Sgen^ Lfk> AFFIDAVIT OF MAILING NOTICE OF PUBUC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: ^^/[(f- SUBJECT: cQ.o(^ Public fhusCfxcf Acf^CA I P(ar, ^ LOCATION: DATE NOTICES MAILED TO PROPERTY OWNERS: A/ /A NUMBER MAILED: N/AK T I declare under penalty of perjury under the iaws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Signature) (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: t0^Union Tribune Q- North Countv Timoo» PUBLICATION DATE: Union Tribune JMorth County Tinneg. I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: -3 (Signature) Attachments: 1) Mailing Labels 2) Notice w/ attachments PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree numbers 171349 & 172171, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said , newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of CITYOFCARLSBAD NOTICE OF PUBLIC HEARING FY 2014 ANNUAL PUBLIC HOUSING AGENCY PLAN AND ADMINISTRATIVE PLAN NOTICE. IS HEREBY GIVEN that the Community Development Commission of the City of Carlsbad will hold a public hearing in the City Council Chamber, 1200 Carlsbad Vil- lage Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 8, 2014, to consider approval and authorizing submittal of the Annual Public Housing Agency Plan and Administrative Plan to the U.S. Department of Housing and Urban Development. The City of Carlsbad's Draft Annual PHA Plan and Administra-tive Plan IS available for public review. Copies of this document are available for review at: City Libraries (1250 Carlsbad Vil-lage Drive and 1775 Dove Lane), Housing & Neighborhood Serv- Kes (1200 Carlsbad Village Drive), and the Senior Center (799 Pine Avenue). Persons wishing to speak on this item are cordially invited to at-tend the public hearing. Please contact Housing & Neighbor- hood Services at 760-434-2618 to arrange for translators or other special services needed to participate in the public hearing proc- ess, f yqu have any questions or would like a copy of the Agen-contact Bobbi Nunn, Housing Program Manager, at 760-434-2816. You may also provide your comments in writing to Housing & Neighborhood Services at 1200 Carlsbad Village Drive, Carlsbad, CA 9200 or by e-mail to bobbi.nunn@carlsbadca.gov . CITYOFCARLSBAD COMMUNITY DEVELOPMENT COMMISSION Pub: 04/04/14 April 04*^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California iThis 043!V-day April 2014 Jane Allshouse NORTH COUNTY TIMES ' Legal Advertising Carlsbad AnnualPublic Housing Agency Planand Administrative PlanPresentationBobbi Nunn, Housing Program ManagerApril 8, 2014 Public Housing Agency Plan•Federal regulations require a five‐Year and Annual Public Housing Agency Plan.•Purpose is to provide a basic guide to:Public Housing Agency policies and rules; Operations, programs and services; andMission and strategies for serving low and very low‐income needs.   Public Housing Agency Plan•Annual Plan must be adopted by the Community Development Commission and submitted to the U.S. Department of Housing and Urban Development.•Public participation required:–45‐day public review and comment period ends on April 8thwith the public hearing; and –Any public comments will be addressed in the final PHA Plan submission.3 Annual Public Housing Agency Plan•Public Housing Agency Plan elements that have been revised:–Financial resources;–Rent determination (payment standards); and–Violence Against Women Reauthorization Act of 20134 Annual Public Housing Agency Plan•Financial Resources:–CY 2013 total program funding = $5,934,414•Rental Assistance Payments ‐$5,471,053•Program Administration ‐$463,361 5 Annual Public Housing Agency Plan•Rent Determinations:–Payment standards revised October 1, 2013:Studio $10321 Bdrm $11352 Bdrm $14896 Annual Public Housing Agency Plan•Violence Against Women Reauthorization Act of 2013–adds “intimate partner” in the list of eligible relationships in the domestic violence definition; and–expands protections to “affiliated individual” which includes any lawful occupant living in the survivor’s household.7 FY 2010‐2014 Progress•PHA Goal:  Expand housing–Total 159 affordable units:•Vista Terrace, Solutions for Change ‐47 units  •Tavarua Senior Apartments ‐50 units •Costa Pointe –9 units, 3 bedrooms•Carol and Harding Project ‐44 duplex units 8 FY 2010‐2014 Progress•Improve the quality of assisted housing –Improve voucher management (Section 8 Management Assessment Program)–100% reporting rate–High performer ranking: FY 2008, 2009, 2010, 2011, 2012 and 2013–Maintained and utilized HAP costs within the HUD funding allocation9 Administrative PlanSection 8 Rental Assistance Program•HUD regulations require an administrative plan•Local policies for administration of the Section 8 Rental Assistance Program •Establishes policies for discretionary areas•Formally adopted by the Community Development Commission for submission to Housing and Urban Development10 Administrative PlanThe following policies have been updated:•VAWA definition–Added language in accordance with the Violence Against Women Reauthorization Act of 2013•Reasonable accommodation–Added language for a 1‐person household to request an additional bedroom as a reasonable accommodation for a live‐in aide.11 Section 8 Rental Assistance Update•Waiting list is still closed–Approximately 550 applicants on waiting list •Assist approximately 560 families per month:–39% of households are elderly (62 and over)–61% are non‐elderly households (includes disabled households)–Average family size is 1.87 and average income is $16,511 – 32% of household members have earned income12 Staff ContactBobbi Nunn Housing Program ManagerHousing & Neighborhood Servicesbobbi.nunn@carlsbadca.gov760.434.281613