HomeMy WebLinkAbout2018-04-10; Community Development Commission; ; Adopt a Resolution approving the FY 2018 Public Housing Agency Annual Plan and revised Administrative PlanMeeting Date:
To:
From:
Staff Contact:
Subject
April 10, 2018
Chair and Commission Members
Kevin Crawford, Secretary
Bobbi Nunn, Housing Program Manager
bobbi.nunn@carlsbadca.gov or 760-434-2816
CA Review
Adopt a Resolution approving the FY 2018 Public Housing Agency Annual
Plan and revised Administrative Plan
Recommended Action
Hold a Public Hearing and adopt a Resolution approving the City of Carlsbad Public Housing
Agency Annual Plan and Administrative Plan and authorizing submission of the Plans to the U.S.
Department of Housing and Urban Development.
Executive Summary
The Housing & Neighborhood Services Department administers the federally funded Section 8
Rental Assistance Program for the City of Carlsbad Public Housing Agency (PHA). Pursuant to
Code of Federal Regulations 24 Part 903, a PHA 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 PHA policies, rules, and requirements concerning the Agency's
operations, programs and services. In addition, the Plan advises HUD and members of the public
about the mission and strategies for serving the needs of low-income and very low-income
families within the Agency's jurisdiction.
Additionally, the PHA must adopt a written administrative plan that establishes local policies for
administration of the Section 8 rental assistance program. The administrative plan states PHA
policy on matters for which the PHA has discretion to establish local policies.
The PHA Plan and Administrative Plan and any revisions of the plans 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.
Discussion
On April 7, 2015, the Community Development Commission approved the 5-Year Plan for fiscal
years 2015-2019 and approved the submission of the plan to HUD.
Annually, the PHA is required to identify any PHA Plan elements that have been revised since the
last Annual Plan submission. There are two areas that have been revised and are addressed in
the Annual PHA Plan Elements segment:
April 10, 2018 Item #4 Page 1 of 79
• Financial Resources -the amount of funding received for housing assistance payments
and program administration has changed since the last reporting period.
• Rent Determination -payment standards increased effective April 1, 2018 resulting in a
change in the participant rent determination calculation.
Further, the PHA needs to indicate the progress in meeting the goals and objectives identified in
the last 5-Year PHA Plan that was adopted. The purpose of the 5-Year PHA Plan is to identify
goals and objectives to serve the needs of low-income (under 80% of the area median income -
AMI}, very low-income (under 50% of the AMI}, and extremely low-income (under 30% of the
AMI} families for the next 5 years.
The goals are:
1. Expand the supply of assisted housing;
2. Improve the quality of assisted housing;
3. Increase assisted housing choices;
4. Promote self-sufficiency and asset development of families and individuals;
5. Ensure equal opportunity and affirmatively further fair housing; and ·
6. Ensure the needs are met of child and adult victims of domestic violence, dating violence,
sexual assault or stalking per the Violence Against Women Reauthorization Act of 2005.
In addition, the following were revised in the Administrative Plan:
• Participant reporting responsibilities revised to report changes within 30 days of
occurrence, was 15 days
• Section Ill. D. Admission Preferences for Selection of Applicants -added language to
include Chronic Homeless
• Section Ill. E. Order of Waiting List Selection -added language to include Chronic
Homeless
• Section VI. F. Live In Aide -added language that a legally married spouse will not be
approved as a Live In Aide
• Section XI. F. Medical Expenses -added language clarifying that medical expenses that
exceed the annual income reported will not be taken into consideration
• Section XII. E. Violent Criminal Activity-added language that states circumstances will be
taken into consideration if the violent criminal activity is subject to the HUD guidelines
under the Violence Against Women Act (VAWA}
• Section XII. G. Serious and Repeated Violations of the Lease/Rental Agreement -added
language to clarify a tiered enforcement policy for adverse actions
• Section XII. J. Violence Against Women Act (VAWA} -added item 5. which incorporates
the Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual
Assault, or Stalking
Fiscal Analysis
The PHA Plan governs the federal funds allocated for administration of the Section 8 Rental
Assistance Program. For calendar year (CY} 2017, the City of Carlsbad's allocation was $6,483,006
for rental assistance payments and $588,602 for program operating expenses. HUD is operating
April 10, 2018 Item #4 Page 2 of 79
under a Continuing Resolution which expired on March 23, 2018. Since January 2018, the housing
agency has been receiving 99% of the funding allocation for CY 2017 for housing assistance
payments and 77% of program administrative funding based on the CY 2017 allocation. Once the
CV 2018 Appropriations Act is approved, HUD will notify the housing agencies within 60 days
what the final funding appropriations will be for CV 2018.
Next Steps
Once the Plan is approved, the following documents are required to be submitted with the PHA Plan
template {Form HUD-50075-HP):
• Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with the PHA Plans and
Related Regulations {which includes all certifications relating to Civil Rights);
• Form HUD-50077-SL, Certification by State or Local Official of PHA Plans Consistency with
the Consolidated Plan or State Consolidated Plan; Resident Advisory Board {RAB)
comments and a narrative describing the analysis of any recommendations and decisions
made regarding the recommendations; and
• Public comments received during the 45-day review period and public hearing.
Environmental Evaluation (CEQA)
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.
Public Notification
The draft Public Housing Agency Annual Plan and revised Administrative Plan were available for
public review and comment for 45 days prior to adoption by the Community Development
Commission. The public review period began on February 25, 2018 and ended on April 10, 2018
with a public hearing. Public comments from the public review period and the public hearing will
be addressed and included in the final Public Housing Agency Plan submission to HUD.
Information regarding public notifications of this item such as mailings, public hearing notices
posted in the newspaper and on the City website are available in the Office of the City Clerk.
Exhibits
1. Community Development Commission Resolution
2. Draft Housing Commission Meeting Minutes, March 8, 2018
3. Housing Commission Resolution No. 2018-001, adopted March 8, 2018
4. Housing Commission Staff Report, dated March 8, 2018
April 10, 2018 Item #4 Page 3 of 79
RESOLUTION NO. 540
A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CHAIRPERSON OF THE
COMMUNITY DEVELOPMENT COMMISSION TO EXECUTE THE PUBLIC
HOUSING AGENCY (PHA) CERTIFICATIONS OF COMPLIANCE WITH THE PHA
PLANS AND RELATED REGULATIONS AND APPROVING THE ANNUAL PHA
PLAN FOR FISCAL YEAR 2018 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)
EXHIBIT 1
WHEREAS, Housing & Neighborhood Services ("Housing Agency") administers the Section 8 Rental
Assistance Program for the City of Carlsbad; and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued regulations
requiring Public Housing Agencies (PHA) to submit a 5-year and Annual Plan consistent with the City of
Carlsbad's Consolidated Plan and local objectives; and
WHEREAS, the U.S. Department of Housing and Urban Development requires that the Public
Housing Agency (PHA) revise the Administrative Plan for the Section 8 Housing Choice Voucher Program
to comply with HUD regulations and changes in local policies; and
WHEREAS, the Department of Housing and Urban Development (HUD) requires that the
Community Development Commission approve the Annual PHA Plan for Fiscal Year 2018 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 submission to the U.S. Department of
Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of
Carlsbad, California, as follows that:
1. The above recitations are true and correct.
April 10, 2018 Item #4 Page 4 of 79
EXHIBIT 1
2. That the Annual PHA Plan for Fiscal Year 2018 (Attached hereto as Attachment A) and the
revised Administrative Plan (Attached hereto as Attachment B) is hereby approved.
3. That the Chairperson of the Community Development Commission is hereby authorized 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 (Attached hereto as
Attachment C) and the Certification by State or Local Official of PHA Plans Consistency with
the Consolidated Plan or State Consolidated Plan (Attached hereto as Attachment D) for
submission to the U.S. Department of Housing and Urban Development.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Community Development
Commission of the City of Carlsbad on the 10th day of April, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
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April 10, 2018 Item #4 Page 5 of 79
"',. ATTACHMENT A
(_ City of
Carlsbad
PUBLIC HOUSING AGENCY
Annual Plan for Fiscal Year 2018
Approved by the Housing Commission on: March 8, 2018
Adopted by the Community Development Commission on: April
April 10, 2018 Item #4 Page 6 of 79
Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the
PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and
objectives for serving the needs of low-income, very low-income, and extremely low-income families
Applicability. Form HUD-50075-HP is to be completed annually by High Performing PHAs. PHAs that meet the definition of a Standard PHA, Troubled
PHA, HCV-Only PHA, Small PHA, or Qualified PHA do not need to submit this form.
A. PHA Information.
A.1 PHA Name: CARLSBAD HOUSING AGENCY -HOUSING & NEIGHBORHOOD SERVICES
PHA Code: CA077
PHA Type: D Small ~ High Performer
PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07 /2018
PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above)
Number of Public Housing (PH) Units not applicable
Total Combined 703 units
PHA Plan Submission Type: [:gl Annual Submission
Number of Housing Choice Vouchers (HCVs) 703 baseline
0Revised Annual Submission
Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily
available to the public. A PHA must identify the specific location(s) where the proposedPHA Plan, PHA Plan Elements, and all
information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. Additionally, the
PHA must provide information on how the public may reasonably obtain additional information of the PHA policies contained in
the standard Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans,
including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly
encouraged to post complete PHA Plans on their officialwebsite. PHAs are also encouraged to provide each resident council a
copy of their PHA Plans.
Location(s) where the public may obtain copies of the 5-Year and Annual PHA Plan:
Main administrative office of the PHA:
• City of Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Main administrative office of the local, county or State government:
• City of Carlsbad -City Hall
City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Public libraries:
• City of Carlsbad
Main Library
1775 Dove Lane
Carlsbad, CA 92011
• City of Carlsbad
Georgina Cole Library
1250 Carlsbad Village Drive
Carlsbad, CA 92008
Other: April 10, 2018 Item #4 Page 7 of 79
• City of Carlsbad
Senior Center
799 Pine Avenue
Carlsbad, CA 92008
PHA Plan Supporting Documents are available for inspection at:
Main business office of the PHA:
• City of Carlsbad
Housing & Neighborhood Services
1200 Carlsbad Village Drive
Carlsbad,CA 92008
D PHA Consortia: (Check box if submitting a Joint PHA Plan and complete table below)
Participating PHAs PHA Code Program(s) in the Consortia
LeadPHA:
B. Annual Plan Elements
B.I Revision of PHA Plan Elements.
Program(s) not in the
Consortia
·.
No. of Units in Each Program
PH HCV
( a) Have the following PHA Plan elements been revised by the PHA since its last Annual PHA Plan submission?
y N
D [gl Statement of Housing Needs and Strategyfor Addressing Housing Needs.
D [gl Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions.
[gl D Financial Resources.
[gl D RentDetermination.
D [gl Homeownership Programs;
D [gl Safety and Crime Prevention.
D [gj Pet Policy.
D [gl Substantial Deviation. D [gl Significant Amendment/Modification
(b) The PHA must submit its Deconcentration Policy for Field Office Review.
DECONCENTRATION POLICY (Excerpt from PUA Administrative Plan)
Local Objectives
Mission of Housing & Neighborhood Services:
Enhance the quality of life and sense of community for those who live in Carlsbad by providing better
connections to city information and services and through focused program development 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:
April 10, 2018 Item #4 Page 8 of 79
1. To provide affordable decent, safe and sanitary rental housing, of a modest (non-luxury)
nature, for very low-income families.
2. To promote freedom of rental housing choice and spatial deconcentration of very low-income
families of all racial and ethnic backgrounds.
3. To provide an incentive to private property owners to rent to very low-income families by
offering timely assistance payments and annual inspections.
Owner Outreach
The PHA encourages owners of decent, safe, and sanitary rental units to rent to Section 8 participants. The
PHA maintains an ongoing list of available rental units and participating owners/property managers. The list is
available in the lobby and is updated on a monthly basis. When listings from owners/property managers are
received, they will be compiled by the PHA staff by bedroom size and date of availability.
Actions to encourage participation by owners of suitable rental units located outside areas of low-income and
minority areas:
1. The PHA maintains communication with the San Diego County Apartment Association and local
property management companies. These resources will be used to make owners aware of the
benefits of the Section 8 Rental Assistance Program.
2. In order to expand participation of new owners who are interested in the program or are unfamiliar
with the program, the Housing Program Manager will call the prospective owner to explain the
benefits of the Section 8 program and encourage their participation.
3. Housing representatives will attend local agency and community fairs to increase awareness of the
program and benefits for owners. Housing representatives will also participate in Owner
seminars/workshops, which are organized in coordination of with other local housing agencies, San
Diego County ApartmentAssociation, 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. ThePHA will market the Section 8 program by conducting Rental Owner workshops for prospective
owners periodically to explainthe program benefits, especially during periods of low voucher
utilization and low vacancy rates.
6. The PHA will utilize the media, including newspapers, magazines, internet, television, and radio to
market the Section 8 program as determined necessary.
The PHA will periodically evaluate the distribution of assisted families to identify areas within the jurisdiction
where owner outreach should be targeted.
Family Outreach
Outreach will inform all eligible segments of Carlsbad's population of the availability ofthe Section 8 Rental
Assistance program. If applicant groups are not reflective of the eligible population, additional outreach
aimed at targeted groups will be increased. The PHA will publicize the availability of rental assistance for very
low-income families in newspapers of general circulation, minority media, and by other suitable means.
Notices will also be provided in Spanish.
In addition, the PHA will distribute fact sheets to the broadcasting media, and initiate personal contact with
members of the news media and community service agencies to utilize public service announcements.
April 10, 2018 Item #4 Page 9 of 79
Liaisons have been established with a variety of city and county agencies, private social service agencies, non-
profit agencies and special interest groups. The PHA will communicate the status of rental assistance
availability to the service providers in the community, advising them of eligibility factors and guidelines so
that they can make appropriate referrals.
Payment Standards
Payment Standards are currently set between 90% and 110% of the Small Area Fair Market Rents (SAFMR).
The new Payment Standards calculated based on the SAFMRs went into effect on April 1, 2018. The higher
payment standards reflect the higher rents in Carlsbad and increase the housing options for families in
Carlsbad; therefore, furthering the PHA's efforts for fair housing and deconcentration.
( c) If the PHA answered yes for any element, describe the revisions for each element below:
Financial Resources -CY 2017 (CY 2018 Funding not determined)
Annual Contributions for HCV Program -
Housing Assistance Payments (HAP)
Annual Contributions for HCV Program -
Administrative Fees for Program
Operations
Total Resources
Rent Determination
$ 6,483,006.
$ 588,602.
$7,071,608.
Payment Standards were increased effective April 1, 2018 in accordance with FFY 2018 published SAFMRs.
Payment Standards were calculated between 90% and 110% of the SAFMRs for the following zip codes:
92008, 92009, 92010, and 92011.
B.2 New Activities.
(a) Does the PHAintend to undertake any new activities related to the following in the PHA's current Fiscal Year?
y N
D [SJ Hope VI or Choice Neighborhoods.
D [SJ Mixed Finance Modernization or Development. D [SJ Demolition and/or Disposition.
D [SJ Conversion of Public Housing to Tenant Based Assistance. D [SJ Conversion of Public Housing to Project-Based Assistance under RAD.
D [SJ Project Based Vouchers. D [SJ Units with Approved Vacancies for Modernization.
D [SJ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants).
(b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe
any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition
and/ or disposition approval under section 18 of the 193 7 Act under the separate demolition/ disposition approval process. If using
Project-Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how
project basing would be consistent with the PHA Plan.
April 10, 2018 Item #4 Page 10 of 79
B.3 Progress Report.
Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year Plan.
PHA ANNUAL PLAN -FY 2018
PROGRESS IN MEETING MISSION AND GOALS STATEMENT
PROGRESS OF 5-YEAR PLAN GOALS AND OBJECTIVES: FY 2015 -2019
PHA Goal: Expand the supply of assisted housing
Objective: 1) Leverage private or other public funds to create additional housing opportunities; and
2) Collaborate with private developers and non-profit agencies.
• Affordable Housing Construction Assistance -Carlsbad's affordable housing program allows the City
to assist in the development of new affordable housing units; resulting in an increase of the
availability of affordable rental housing that is decent and safe.
PHA 5-YEAR PLAN GOALS AND 2015 2016 2017 2018 2019 Total Units
OBJECTIVES 2015-2019
Assist in construction of new 0 0 affordable housing.
Juniper at The Preserve 64 64
Pending Developments:
• Sea Grove Condo Townhomes is currently under construction and will provide six (6) for-sale units
price restricted at 80% of AM I.
• Robertson Ranch.,-lQl senior restricted, low-income rental units at 70% of AMI are currently under
construction.
• Robertson Ranch -56 moderate income rental units @ 90% of AMI are currently under
construction.
• Windsor Point -50 rental units for homeless veterans and veteran families@ 30-50% of AMI are
currently in the approval process for financing.
• Pacific Wind -93 rental units affordable at 50-60% of AMI are at the project approval phase.
• Uptown Bressi -property is being graded and 25 affordable town homes will be available for sale.
April 10, 2018 Item #4 Page 11 of 79
PHA Goal: Improve the quality of assisted housing
Objective: Improve voucher management (SEMAP score).
• Designated by HUD as a high-performer for FY 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and
2016.
• Maintained and utilized HAP costs within the HUD funding allocation.
• Maintained a 100% PIC reporting rate.
• Continually seeking ways to streamline processing functions.
• Section 8 software conversion is in process to provide a paper-less/hosted product.
PHA Goal: Increase assisted housing choices
• Continue to reach out to owners to increase awareness of the benefits of renting through the rental
assistance program. In addition, contact owners monthly to document any current or upcoming
vacancies. Participate in community events and provide information about the Section 8 Program
and other affordable housing options in Carlsbad.
• Maintain payment standards between 90% and 110% of the SAFMRs for zip codes 92008, 92009,
92010, and 92011 to allow for a broader range of rental opportunities in Carlsbad.
• Worked with non-profit agencies and developers to collaboratively provide affordable housing
options, as outlined in the above table.
• April 17, 2018 will host a Q&A booth on Section 8 Rental Assistance benefits for property owners at
the San Diego County Apartment Association (SDCAA) EXPO.
PHA Goal: Promote self-sufficiency and asset development of families and individuals
• PHA continues to administer the Family Self-Sufficiency (FSS) Program for the clients who port in as
an FSS participant.
• PHA staff meet with non-profit organizations and support services agencies to obtain information
about programs and benefits that will promote self-sufficiency for participant families. In addition,
information is made available in the lobby for the community and others seeking resources.
• Staff maintains a Community Resource Directory that breaks down services by subject matter, gives
a brief description of services for each organization, and provides contact information.
• Carlsbad Service Center provides job training, employment preparedness, food distribution, Cal
Fresh application assistance, and a hiring center.
PHA Goal: Ensure equal opportunity and affirmatively further fair housing
• Fair housing and equal opportunity information is provided in program and move briefing packets
• Have a contract with Center for Social Advocacy (CSA); to provide Fair Housing counseling and
landlord/tenant mediation for residents of Carlsbad.
• Center for Social Advocacy provided a Fair Housing workshop for staff and tenants on May 4, 2017.
• Center for Social Advocacy will be providing a Fair Housing workshop for staff and tenants the last
week of April 2018.
PHA Goal: Ensure the needs are met of child and adult victims of domestic violence, dating violence,
sexual assault or stalking per VAWA Reauthorization Act of 2005
• Staff advised of outside resources available to child or adult victims of domestic violence, dating
violence, and sexual assault or stalking.
• Staff has been directed to provide referrals to outside agencies that provide such services, such as
the Women's Resource Center, which is located in Oceanside and provides domestic violence
services in the PHA service area.
April 10, 2018 Item #4 Page 12 of 79
• Brochure titled: Violence Against Women Act-What Applicants, Tenants, Owners and Landlords
Need to Know is available in the lobby of the housing department and is included in the Briefing
Packets, Recertification Packets, and Portability Packets. Brochure is also available in Spanish.
• HUD form 5380 Notice of Occupancy Rights under the Violence Against Women Act {VAWA} and
HUD form 5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and
Alternative Documentation are now included in the Briefing Packets, Recertification Packets, Intake
Packets, Move Packets, Port In Packets and are also included with any Notice of Intended Action to
terminate or deny Rental Assistance.
• Emergency Transfer Plan implemented and incorporated into the Administrative Plan
Most Recent Fiscal Year Audit.
(a)Were there any findings in the most recent FY Audit?
y N
D J:2:1
Fiscal Year Audit:
Year ended June 30, 2017 -The single audit report on expenditures of federal awards disclosed no audit
findings required by the auditors to be reported under paragraph .510(a) of 0MB Circular A-133.
(b) If yes, please describe:
C. Other Document and/or Certification Re uirements.
C.1 Certification Listing Policies and Programs H:i.~t,Jhe PHA has Revised's' e Submission of its Last Annual Plan
Form 50077-ST-HCV-HP, Certifi_{a/~9}}_ of Compliance with PHA Plans and Rea.led Regulations, must be submitted by the PHA
as an electronic attachment to the PHA;Plan.
~~~~~~~-'--~
C.2 Civil Rights Certification.
C.3
Form 50077-ST-HCV-HP, CertifiJ:ppon o_ ."·Ofl}pliance withPHA Plans and Related Regulations, must be submitted by the PHA
as an electronic ent to thePft.A Plaru'
y N
D~
s) provide corn:rnents to the PHA Plan? The Housing Commission (RAB) met on March 8, 2018.
If yes, comments must be submitted b PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing
their analysis of the RAB ""~•u.uuvL,u«,,•v.lls and the decisions made on these recommendations.
C.4 Certification by State or Local Officials.
Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be
submitted by the PHA as an electronic attachment to the PHA Plan.
D Statement of Capital Improvements. Required in all years for all PHAs completing this form that administer public housing and
receive funding from the Capital Fund Program (CFP). -NOT APPLICABLE
D.1 Capital Improvements. Include a reference here to the most recent HUD-approved 5-Year Action Plan (HUD-50075 .2) and the
date that it was approved by HUD.
PUBLIC COMMENTS AND CHALLENGES
April 10, 2018 Item #4 Page 13 of 79
April 10, 2018 Item #4 Page 14 of 79
ADMINISTRATIVE PLAN
FOR THE
SECTION 8
HOUSING CHOICE VOUCHER PROGRAM
Revised February 2018
( City of
Carlsbad
HOUSING AGENCY
HOUSING & NEIGHBORHOOD SERVICES
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Approved by the Housing Commission on: March 8, 2018
Adopted by the Community Development Commission on: April 10, 2018 Item #4 Page 15 of 79
TABLE OF CONTENTS
I. INTRODUCTION 1
A. Local Objectives 1
B. Purpose of the Administrative Plan 2
C. Code of Conduct 3
D. Administrative Fee Reserve 3
II. FAIR HOUSING POLICY 3
A. Accommodations 4
B. Equal Employment Opportunity 5
C. Owner Outreach 5
D. Family Outreach 5
E. Limited English Proficiency 7
III. ADMISSION TO THE PROGRAM 7
A. Waiting List Collaboration between Housing Authorities 7
B. Waiting List Administration 8
C. Waiting List Purge 8
D. Admission Preferences for Selection of Applicants 8
Single Elderly, Disabled, or Displaced Person
Income Targeting
Local Preferences
Homeless Preference
E. Order of Waiting List Selection 9
IV. DETERMINATION OF APPLICANT ELIGIBILITY 9
A. Eligible Lawful Resident 9
B. Family Definition/Composition 9
C. Continuously Assisted 10
D. Selection from the Waiting List 10
E. Denial of Admission 11
F. Applicants Claiming Mitigating Circumstances 12
V. VOUCHER ISSUANCE AND BRIEFINGS 13
A. Briefing of Applicants 13
B. Voucher Term Limit 13
C. Suspension or "tolling" 14
D. Voucher Payment Standard 14
E. Rent Reasonableness 14
TOC-i
Carlsbad Housing Agency -Administrative Plan
April 10, 2018 Item #4 Page 16 of 79
VI. SUBSIDY STANDARDS AND HOUSEHOLD COMPOSITION 15
A Subsidy Standards 15
B. Exception to Subsidy Standards 15
C. Initial Household Composition 16
D. Additions to Initial Household Composition 16
E. Other Household Additions 16
F. Live-In Aide 16
G. Guest Policy 17
H. Family Absence from the Unit 18
I. Family Break-up 18
J. Joint Custody of Children 19
VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT (HAP)
CONTRACT 19
A Family Tenancy History 19
B. Submittal of the Request for Tenancy Approval 19
C. Security Deposits 20
D. Damage Claim Provisions 20
E. Housing Quality Standards and Inspections 20
F. Housing Assistance Payment 21
G. Moves 22
VIII. SPECIAL HOUSING TYPES 22
A Special Housing Types -Manufactured Home 22
B. Other Special Housing Types 22
IX. DEBTS OWED TO THE HOUSING AGENCY 22
A Owner 22
B. Applicant 22
C. Participant 23
D. Repayment Agreements 23
X. ANNUAL AND INTERIM REEXAMINATIONS 23
A Recertification 23
B. Interim Reexaminations 24
C. Family Moves 24
D. Portability 24
TOC -ii
Carlsbad Housing Agency -Administrative Plan
April 10, 2018 Item #4 Page 17 of 79
XI. VERIFICATION POLICY 25
A. Enterprise Income Verification (EIV) 25
B. Self-Employment Income 26
C. Child Care or Home-Based Business 27
D. Minimal or Zero Income 27
E. Personal Loans as Income 28
F. Medical Expenses 28
XII. OBLIGATIONS OF THE FAMILY AND DENIAL OR TERMINATION OF
ASSISTANCE 28
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Family Obligations
Termination Information for Participant
Illegal Drug Use (Rehabilitation)
Drug-Related Criminal Activity
Violent Criminal Activity
Crime by Family Member
Serious and Repeated Violation of the Rental Agreement
Fraud or Other Program Violations
Violence against PHA Personnel
Violence Against Women Act (VA WA)
XIII. PROCEDURES FOR INFORMAL REVIEW OR HEARING
A.
B.
C.
D.
Informal Review -Applicant
Informal Hearing~ Participant
Informal Hearing Notice to Participant
Pre-Hearing Discovery
XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS
A.
B.
C.
D.
Review of the Rental Agreement
Owner Violations of the HAP Contract
Disapproval of Owner for "Drug Trafficking"
Disapproval of Owner for HQS Violation
XV. INTEGRATED PEST MANAGEMENT (1PM)
When Bed Bugs are Reported A.
B. When Bed Bugs are Discovered After Entering an Assisted Unit
TOC -iii
Carlsbad Housing Agency -Administrative Plan
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29
29
30
30
30
30
30
30
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Carlsbad Housing Agency -Administrative Plan
April 10, 2018 Item #4 Page 19 of 79
CARLSBAD HOUSING AGENCY
SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
ADMINISTRATIVE PLAN
I. INTRODUCTION
The Section 8 Program was enacted as part of the Housing and Community Development Act of 1974, which re-
codified the U.S. Housing Act of 1937. The Act has been amended along the way, and its requirements, as they
apply to the Section 8 Housing Choice Voucher Program, are described in and implemented through this
Administrative Plan.
Carlsbad Housing Agency's goal, herein referred to as the Public Housing Agency (PHA), is to provide rental
assistance to United States citizens and eligible lawful residents who are very low-income single persons, elderly,
handicapped, disabled, and families in order that they may obtain adequate housing which is affordable, decent,
safe and sanitary in the PHA's jurisdiction. In furtherance of this goal, the PHA is committed to the policies and
goals contained in the Housing Element of the General Plan and the Consolidated Plan for Housing and
Community Development Programs.
The PHA receives its funding for the Housing Choice 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 of the Housing & Neighborhood Services department of the 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 proceduresto clarify federal requirements and to ensure consistency in
program operation.
Administration of the Section 8 Program and the functions and responsibilities of the Carlsbad Housing Agency
staff shall comply 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 (SAN DAG) 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.
Carlsbad Housing Agency -Administrative Plan 1
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In addition, the PHA has the following goals for the program:
1. To assist the local economy by increasing the occupancy rate and the amount of money flowing
into the community.
2. To encourage self-sufficiency of participant families.
B. Purpose of the Administrative Plan
The purpose of the Administrative Plan ("Plan") is to establish policies for carrying out the Section 8 Housing
Choice Voucher (HCV) Program in a manner consistent with HUD requirements and local objectives. The Plan
covers both admission and continued participation in the Section 8 HCV Program.
Authority for PHA policies is derived from many sources. Primarily regulations and guidance issued by HUD.
State law also directs PHA policy. State law must be followed where 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.
Housing and Urban Development (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 conducting business and setting policies that are 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 Housing Commission and the
Community Development Commission must approve the original Plan and any amendments. An adopted copy of
the 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 of the Section 8 program in accordance with HUD requirements.
The Administrative Plan is a supporting document to the Public Housing Agency (PHA) Plan and must be available
for public review. This Plan does NOT include all HUD regulations concerning the Housing Choice Voucher
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.
Carlsbad Housing Agency -Administrative Plan 2
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C. Code of Conduct
All officers and employees will comply with the City of Carlsbad policies as well as those mandated under the
conflict of interest requirements of the Housing Choice Voucher Program. The conflict of interest provision
under 24 CFR 982.161 prohibits the PHA, or any of its contractors or subcontractors, from entering into any
contract or arrangement in connection with the tenant based programs in which any of the following classes or
persons has any interest, direct or indirect, during tenure or for one year thereafter. The classes or persons
include:
1.
2.
Any present or former member or officer of the PHA (except a participant commissioner);
Any employee of the PHA, or any contractor or subcontractor or agent of the PHA, who
formulates policy or influences decisions with respect to the programs;
3. Any public official, member of a governing body, or State or local legislator, who exercises
functions or responsibilities with respect to the programs; and
4. Any member of the Congress of the United States.
Any members of the classes described in this section must disclose their interest or prospective interest to the
PHA and HUD. The HUD field office may waive, for good cause, the conflict of interest provision under this
section.
All PHA officers, employees, contractors, subcontractors, or agents will comply with all requirements that
prohibit the solicitation or acceptance of gifts or gratuities in excess of a nominal value of $25.
All PHA officers, employees, contractors, subcontractors, or agents will conduct business with integrity and in an
honest and professional manner.
Any violations of the PHA Code of Conduct and City of Carlsbad ethical standards policies, including those
contained in the City of Carlsbad City Code; Personnel Rules; Housing & Neighborhood Services Department
rules and regulations; and applicable Memoranda of Understanding (including standards of conduct specified
within}, will result in disciplinary action ranging from letter(s) of warning to termination of employment and/or
contract. Opportunity may be offered, on a case-by-case basis, to correct a conflict of interest. The Code of
Conduct will be communicated to the above groups upon initial employment, prior to execution of a contract,
and at least annually.
D. Administrative Fee Reserves
The Community Development Commission must approve expenditures of the administrative fee reserve
(operating reserve) in excess of $50,000. Such expenditures must be used for other housing purposes, as defined
by HUD.
II. FAIR HOUSING POLICY
It is the policy of the PHA to comply fully with all federal, state, and local nondiscrimination laws and with the
rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. PHA staff
members may be required to attend fair housing training.
The PHA shall not deny any family or individual the opportunity to apply for or receive assistance under the
Section 8 Program based on race, color, national or ethnic origin, age, religion, sex, familial or marital status,
disability, sexual orientation, or sex/gender identity and expression.
Carlsbad Housing Agency -Administrative Plan 3
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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 the Center for Social Advocacy {CSA} San Diego County, a non-profit corporation 501{c}3
registered with the State of California. This organization is an advocate for human and civil rights. They provide
fair housing workshops and tenant/landlord mediation. In addition, CSA San Diego County has published a
handbook 'BE INFORMED -Rental Housing Handbook' that is also published in Spanish. The publication is
available in the lobby and included in the HCV briefing packet.
A. Accommodations
A person with a disability may require special 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 of the program or services offered. An undue financial burden includes one that when considering
the available resources of the 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. It is
applied 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 and services. 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 by the requested accommodation. Third-party verifications must be
provided by a professional competent to render the opinion and knowledgeable about the requestor's situation.
A designee will be allowed to provide some information, but only with the written permission of the person with
the disability. A list of accessible rental units for persons with a disability is available in the lobby; are included
with the Voucher Briefing packet, and will be provided upon request. Housing information and materials are
displayed in locations throughout the PHA's office that are easily readable from a wheelchair.
Carlsbad Housing Agency -Administrative Plan 4
April 10, 2018 Item #4 Page 23 of 79
B. Equal Employment Opportunity
The City of Carlsbad provides equal employment opportunities to all potential job applicants and employees in
accordance with the City of Carlsbad's Equal Employment Opportunity Policy. In employing personnel for all
housing programs, the PHA will follow non-discrimination guidelines.
C. Owner Outreach
The PHA encourages owners of decent, safe, and sanitary rental units to rent to Section 8 participants. The PHA
maintains an ongoing list of available rental units and interested owners/property managers. The list is available
in the lobby and is updated on a monthly basis. When listings from owners/property managers are received, the
PHA staff will compile them by bedroom size and date of availability.
Actions to encourage participation by owners of suitable rental units 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 of the
Section 8 Rental Assistance Program.
2. In order to expand participation of new owners who are interested in the program or are unfamiliar with
the program, the Housing Program Manager will call the prospective owner to explain the benefits of the
Section 8 program and encourage their participation.
3. Housing representatives will attend local agency and community fairs to increase awareness of the
program and benefits for owners. Housing representatives will also participate in Owner
seminars/workshops, which are organized in coordination of with other local housing agencies, San
Diego County Apartment Assoeiation, 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 8program 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.
D. Family Outreach
Outreach will inform all eligible segments of Carlsbad's population of the availability of the Section 8 Rental
Assistance program. If applicant groups are not reflective of the eligible population, additional outreach aimed at
targeted groups will be increased. The PHA will publicize the availability of rental assistance for very low-income
families in newspapers of general circulation, minority media, and by other suitable means. Notices will also be
provided in Spanish. In addition, the PHA will distribute fact sheets to the broadcasting media, and initiate
personal contact with members of the news media and community service agencies to utilize public service
announcements.
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April 10, 2018 Item #4 Page 24 of 79
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
Liaisons have been established with a variety of city and county agencies, private social service agencies, non-
profit agencies and special interest groups. The PHA will communicate the status of rental assistance availability
to the service providers in the community, advising them of eligibility factors and guidelines so that they can
make appropriate referrals. 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
MITE, North County
North County Career Center
North San Diego County Association of Realtors
Palomar College
Regional Occupation Program
Salvation Army
Carlsbad Housing Agency -Administrative Plan 6
April 10, 2018 Item #4 Page 25 of 79
Senior Center
SER -Jobs for Progress
Social Security Administration
Veteran's Administration
Women's Resource Center
E. Limited English Proficiency (LEP)
Language for Limited English Proficiency Persons (LEP} can be a barrier to accessing important benefits or
services, understanding, and exercising important rights, complying with applicable responsibilities, or
understanding other information provided by the HCV program. In certain circumstances, failure to ensure
that LEP persons can effectively participate in or benefit from federally assisted programs and activities may
violate the prohibition under Title VI against discrimination based on national origin.
To ensure equal access, the PHA has three bilingual staff who are available to act as interpreters and
translators and to standardize documents.
At the request of an LEP person, they will be permitted to use, at their own expense, an interpreter of their
own choosing, the interpreter may be a family member or a friend who is 18 years or older.
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; The PHA may receive special purpose funding or grants for specified families
or for a specified category of families. 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
In regards to the Section 8 Waiting List, the Carlsbad PHA has adopted a collaborative policy, with the five local
Housing Agencies in San Diego County. This policy allows applicants to transfer their waiting list application from
one housing agency's jurisdiction to another housing agency's jurisdiction, maintaining their original date of
application i/the applicant lives or works in that jurisdiction. The PHA, upon request from an applicant, will
forward a waiting list application in the event that the applicant moves or is working in another agency's
jurisdiction. Conversely, the Carlsbad PHA will accept a waiting list application from another San Diego County
PHA if that applicant either lives or works in Carlsbad's jurisdiction. Upon acceptance of such application, the
PHA will integrate the application into the current waiting list preserving the original date and time of the initial
application. An application for a specific date from another local Housing Agency will be accepted one time only.
If the application is denied for any reason or the applicant fails to use a voucher issued by the PHA for any
reason, the same application will not be accepted again on the PHA's waiting list.
Carlsbad Housing Agency -Administrative Plan 7
April 10, 2018 Item #4 Page 26 of 79
NOTE: the City of Carlsbad's waiting list has been closed since October 1, 2005; waiting list applications WILL
ONLY be accepted from another San Diego County PHA i/the applicant either lives or works in the City of
Carlsbad.
B. Waiting List Administration
The PHA's Section 8 Waiting List is currently closed and has been closed since October 1, 2005. An applicant's
eligibility for a local preference will not be verified until the applicant's name comes up for eligibility certification
from the waiting list. In the event that there are two or more eligible applicant families with identical
preferences, the one with the earliest date of placement on the waiting list will be selected first.
The waiting list will be maintained by application date and local 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 of the 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 affect 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,
violentcriminal activity, and/or is engaged in abuse of alcohol or has a pattern of alcohol abuse that may
threaten the health, safety, or right to peaceful enjoyment of the premises by other residents.
5. Based on updated information received, the applicant is determined ineligible.
6. The applicant requests removal of their application from the waiting list.
The PHA will notify the applicant, in writing, of the intention to remove their application from the waiting list.
NOTE: If the applicant has moved and there is no forwarding address or if the applicant has been reported as
deceased, a second letter will not be mailed.
D. Admission Preferences for Selection of Applicants
Single Elderly, Disabled, or Displaced Person. A single person who is elderly, disabled, or displaced is selected or
assisted before a single person who is not elderly, disabled, or displaced.
Income Targeting. HUD had mandated that PHA's assist 75% of applicants who qualify as extremely low income,
applicants who are at or below 30% of the area median income (AMI). The PHA will give a preference to those
applicants who fall in the category of extremely low income based on 30% of the area median income and their
household size. Applicants with incomes above 30% of the area median income will be placed back on the
waiting list until the applicants who live or work within Carlsbad and whose income is at or below 30% of area
Carlsbad Housing Agency -Administrative Plan 8
April 10, 2018 Item #4 Page 27 of 79
median income have been selected from the waiting list.
Local Preferences. The PHA has established local preferences; an applicant who is a resident of or employed
within Carlsbad will have preference over an applicant who is not a resident or is not employed in Carlsbad.
Applicants may also be eligible for local preferences in the following order:
1. Displaced by government action or natural disaster.
2. Veteran's preference. A head of household or spouse who has been discharged from military service
under honorable or general conditions (with the exception of dishonorable), or a spouse of a deceased
veteran will have preference over non-veterans.
3. Chronic Homeless. Carlsbad has designated 10 vouchers for chronic homeless who are referred through
E. Order of Waiting List Selection
Applicants will be selected from the waiting list in accordance with 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. Chronic Homeless
3. Displaced by Government Action or Natural Disaster
4. Head of Household or Spouse qualifies for Veteran's Preference
5. 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. Chronic Homeless
3. Displaced by Government Action or Natural Disaster
4. Head of Household or Spouse qualifies for Veteran's Preference
5. 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 HU D's Public Housing and the Section 8 Housing Assistance Payments (HAP) programs.
B. Family Definition/Composition
1. A "family" may be a single person or two or more persons who share residency and whose
combined income and resources are used to determine financial eligibility.
2. A "family" includes a household with a child or children.
3. A "family" may be a group of persons consisting of two or more elderly persons or disabled
persons living together, or one or more elderly or disabled persons living with one or more live-in
aide(s).
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4. A "family" may be a single person.
5. A single person may be:
a. an elderly person;
b. a disabled person;
c. a displaced person; or
d. any other single person, such as the remaining member of an assisted family.
NOTE: A child who is temporarily away from the home due to placement in foster care is considered a member
of the family and counted when determining what size subsidy standard to issue.
During the intake period, an adult child who is away from the household attending school or who is in the
military is NOT considered a member of the family for determining the subsidy standard.
C. Continuously Assisted
An applicant is continuously assisted, under the 1937 Housing Act, if the 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 of the 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 of the
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 of the date of the Group Intake appointment.
Applicants made inactive on the waiting list will be given the 'benefit of the doubt' if there is a possibility that
they were removed from the waiting listthrough no fault of their own. In order to be reinstated, applicants must
submit a request, in writing, asking to be reinstated on the waiting list and give an explanation for their request.
Reinstatement requests will be reviewed by the Housing Program Manager for approval.
Reasons that may be considered when determining whether or not to reinstate the application:
• Applicant states that they had submitted a change of address to the PHA;
• Applicant states that they had not changed their address, but did not receive the paperwork;
• Applicant requests reinstatement as a reasonable accommodation; or
• Applicant requests consideration due to another circumstance, such as medical, family emergency, etc.
If approved for reinstatement, the applicant will receive their 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 thatthey will not be reinstated and that they will need to reapply. Except for an
extreme circumstance, applicants may only request reinstatement one time.
An applicant family that is selected off the waiting list will be determined to be eligible or not eligible to continue
with the eligibility process. This determination will be made based on the information provided on the Personal
Declaration, the supporting documents submitted and independent verification by the PHA. The family must be
eligible for the preferences that they have claimed, the current income limits, and jurisdiction priority as of the
date their application was selected from the waiting list.
A family change in circumstances after the date the family was selected from the waiting list for the eligibility
process will not be 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 prior to voucher issuance and
Carlsbad Housing Agency -Administrative Plan 10
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results in the family's income exceeding 50% of the Area Median Income (AMI}, the family must be denied
program admission.
If the family is determined to be ineligible as of the date the family was selected from the waiting list, the family
will be required to reapply for placement on the waiting list (if the waiting list is open).
If the family's income increases after it was issued a voucher. The income increase will be handled in accordance
with the PHA's current interim policy and may not be processed until the family's next annual reexamination or
when the family moves, whichever comes first.
E. Denial of Admission
The PHA shall deny an applicant admission to participation in the rental assistance program under the following
circumstances:
1. If the applicant has breached a repayment agreement and owes money to any PHA. However, the
applicant will have the opportunity to resolve the situation with the PHA and may be considered
to continue the intake process if the applicant provides proof that it is in good standing with that
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 in the last three years, a PHA has ever terminated assistance under the Voucher program for
any member of the 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 of the
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
of the premises by other residents.
13. A member of the family engaged in violent criminal activity during the past three years. Violent
criminal activity is any criminal activity that has as one of its elements, the use, attempted use,
or threatened use of physical force substantial enough to cause, or be likely to cause, serious
bodily injury or property damage.
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14. A member of the family engaged in illegal drug-related activity during the past three years that
involved sales, transportation, manufacture, or possession for sale.
15. A family member engaged in other criminal activity during the past three years that threatened
the health or safety of the PHA, owner, employee, contractor or agent of the PHA or the right
to peaceful enjoyment of the premises by other residents.
16. In the past three years, a member of the family was evicted from federally assisted housing for
illegal drug activities or personal drug use. This does not apply if evidence of rehabilitation is
provided or the violator is no longer a part of the household.
17. In the past one year period, a family member has engaged in illegal drug use or possession of
drugs for personal use. This does not apply if proof of completing or participating (in good
standing) in a supervised rehabilitation program is provided or the violator is not a part of the
household.
The event that triggers the denial shall be based on the date that the applicant engaged in the criminal
activity. The date of determination of eligibility is the date that the family's name is pulled from the
waiting list.
F. Applicants Claiming Mitigating Circumstances
If negative information is received about an applicant, the PHA shall consider the time, nature, and extent of
the applicant's conduct and factors that might indicate a reasonable probability of future favorable conduct.
To be considered, mitigating circumstances must be verifiable.
An applicant may present mitigating evidence to overcome a criminal records-based denial. Mitigating
circumstances are facts relating to criminal history, that, when verified, indicate (1) the reasons for the
unsuitable criminal history or behavior; and (2) that the reason for the unsuitable criminal history or behavior
is no longer in effect or is under control, justifying admission; Mitigating circumstances may overcome or
outweigh information already gathered in the screening process.
If the applicant asserts that the mitigating circumstances relate to a disability, medical condition, or
treatment, the PHAshall evaluate the evidence and verify the mitigating circumstance. The PHA shall also
have the right torequest further information necessary to verify the mitigating circumstance. Such inquiries
will be limited to the information necessary to verify the mitigating circumstances or, in the case of a person
with disabilities, to verify a reasonable accommodation.
In its decision to deny assistance, the PHA may consider the seriousness of the case, and the effect of denial of
assistance on other family members who were not involved in the action or failure to act. The PHA, if it admits
such a family to the program, may impose as a condition of assistance, the requirement that family members
who participated in or were culpable for the action or failure to act will not reside in the assisted unit.
Examples of mitigating circumstances may include:
1. Evidence of successful rehabilitation. The household member who engaged in drug-related criminal
activity or alcohol abuse has successfully completed a supervised drug or alcohol program verified by
the PHA.
2. Circumstances leading to the criminal activity no longer exist (for example, the criminal household
member has died or is imprisoned).
3. Evidence of the family's participation in social service or other appropriate counseling service; or
4. Evidence of successful and sustained modification of previously disqualifying behavior.
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Consideration of mitigating circumstances does not guarantee that the family will qualify for admission. The
PHA will consider such circumstances in light of:
1. The ability to provide documentation/evidence to verify the mitigating circumstances and prospects
for improved future behavior;
2. The overall performance with respect to all the screening requirements; and
3. The nature and seriousness of the criminal activity, especially drug related and criminal activity that
appears in the applicant's record.
V. VOUCHER ISSUANCE AND BRIEFINGS
A. Briefing of Applicants
After an applicant is determined eligible, the applicant will be scheduled for a Voucher Briefing session. By
request, individual, or at-home Voucher Briefing sessions will be conducted based on the needs of the eligible
applicants. Separate briefings will be conducted for non-English speaking 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 of the 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 of the briefing. For a participant requesting
to move or port to another jurisdiction, the issuance date is the earliest date the participant is eligible to enter
into a new contract.
Upon written request by the family, a one-time 60-day extension will be granted to accommodate a person with
disabilities. The family must complete the request form provided by the PHA. Extension requests must be
submitted on or before the voucher expiration date. The maximum term of the voucher is 120 calendar days
from the date of issuance (except for reasonable accommodation and extenuating circumstances as noted
below).
Extensions beyond 120 days may be granted as a "reasonable accommodation" for a person with disabilities.
Extensions beyond 120 days, other than those for "reasonable accommodation", will only be considered for
extenuating circumstances in which the applicant/participant, through no fault of their own, was not able to
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.
A request for an extension may be approved for extenuating circumstances that include hospitalization, serious
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illness, family emergency, or, if porting to another jurisdiction to allow time for the portability process. In
addition, extensions may be granted if the vacancy rate is low or if there are rental market conditions that
impact the family's ability to locate affordable housing.
Extensions will not be granted because of credit problems, financial inability to relocate to another unit,
incarceration, or situations that are within the control of the family.
Under no circumstances will the voucher be extended past one year from the original date of issuance.
C. Suspension or "Tolling"
Once the participant submits a Request for Tenancy Approval {RFTA}, the term of the voucher is suspended.
Suspension {tolling) means stopping the clock on the term of the voucher. The suspension of the term starts the
day the RFTA is received in the office up to the date when the PHA approves or denies a RFTA. Suspensions
{tolling) will only be granted when the unit is not approved due to situations beyond the control of the 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 of the suspension, the family must look for another unit. On the 61st 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 review the voucher payment standard, as needed to ensure effective utilization of vouchers. The
PHA will take into consideration available funding, the number of families on the waiting list, the availability of
affordable housing, the prevailing fair market rents for decent, safe and sanitary housing in the community, and
the ability of participants to pay rent exceeding the payment standard.
E. Rent Reasonableness
The purpose of the Rent Reasonableness test is to determine that a fair rent is paid for units selected for
participation in the Rental Assistance Program and the Section 8 program does not have the effect of inflating
rents in the community. Rent reasonableness determinations are made when units are placed under contract for
the first time, before any increase in rent to the 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.
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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.
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
Studio
One bedroom
Two bedroom
Three bedroom
Four bedroom
Five bedroom
Minimum Size of Family
one person
one person
two people
four people
six people
eight people
B. Exception to Subsidy Standards
Maximum Size of Family
two people
four people
six people
eight people
ten people
twelve people
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 states there is a need for the
accommodation. An increase in the approved bedroom size will not be granted if there are other sleeping and/or
living areas (rooms) that can be used by the family. The PHA's current subsidy standards exceed the minimum
subsidy standards established by HUD. An extra bedroom will be issued for a live-in aide, in accordance with the
Live-In Aide policy in this section.
Note: a one person household may not automatically be granted an additional bedroom to accommodate a
Live-In Aide as the living room may be considered a sleeping area. However, if the one person household can
demonstrate that they do need the extra bedroom subsidy due to their disability and that need is confirmed by a
professional, the request will be taken into consideration as an accommodation.
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C. Initial Household Composition
The PHA shall approve the members constituting the household. The household members listed at the time of
initial contract are approved household members and shall be considered the "Initial Household Composition
(IHC)". Only members of the IHC or mandatory additions shall qualify as "remaining members" of a participant
family. When an adult family member moves out of the assisted household, they are no longer considered
members of the IHC and will never be considered remaining members. Remaining members who are part of the
IHC or mandatory additions have entitlement to continue receiving rental assistance should the head of
household pass away or leave the Section 8 Program.
D. Additions to Initial Household Composition
Under the following circumstances, prior PHA approval is NOT required 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, of the above changes in the family composition within 30
days of the change. It is the family's responsibility to provide to the PHA a revised copy of their lease/rental
agreement adding the new child within 30 days of the addition. The PHA may require the participant to provide
legal documents to substantiate the change reported. Housing Quality Standards will be reviewed at the time of
the family composition change to verify that the addition(s) to the household will not result in an "over-
crowded" situation.
E. Other Household Additions
The participant must ask for PHAwritten 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 of the
person(s) to the household1 and;
2. The subsidy size does not increase, and;
3. An over-crowded condition is not created.
The subsidy size will not be increased due to the addition of adults to the household, including adult children
returning to the home.
F. Live-In Aide
A Live-In Aide is a person who lives with a participant who is over the age of 50, or is an elderly individual, or a
person with disabilities. A relative may be considered a Live-In Aide; however, they will not be considered
eligible if they currently live in the assisted unit as a household member or they were a household member as an
adult within the last two years. In addition, a legally married spouse will not be approved as a Live-In Aide.
A Live-In Aide must meet the following criteria:
• A person who is determined to be essential to the care and well-being of the person(s); and
• Is not obligated for support of the person(s); and
• A person who would not be living in the assisted unit except to provide necessary support services.
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The following documentation is required before the PHA will approve the Live-In Aide:
• Notice of Right to Request a Reasonable Accommodation form completed by the applicant or participant
requesting a Live-In Aide.
• Live-In Aide Verification form completed and signed by a licensed professional who is knowledgeable
about the person's situation and will certify the need for the Live-In Aide. The Live-In Aide Verification
form is to be completed at the initial request and upon recertification of the household or if the family
moves.
• Live-In Aide Certification completed and signed by the Live-In Aide.
The Live-In Aide's family members may reside in the unit provided that the subsidy standard does not increase
due to the need for additional bedrooms, and the presence of the Live-In Aide's family does not overcrowd the
assisted unit in accordance with HQS.
The Live-In Aide qualifies for occupancy in the unit only as long as the member of the family needing supportive
services also resides in the assisted unit. The Live-In Aide does 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 is the lawful spouse of the person who is requesting the accommodation;
2. The person commits fraud, bribery or any corrupt or criminal act in connection with any federal
housing program;
3. The person commits drug-related criminal activity or violent criminal activity;
4. The person abuses alcohol or has a pattern of abuse that may threaten the health, safety, or the
right to peaceful enjoyment of the premises by other residents; or
5. 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
notify the PHA of visitors staying at the.assisted unit for more than 21 days. Extended stays by visitors may be
considered a family composition change which must be reported to the PHA, in writing, by the participant. The
participant shall be, upon request by the PHA, responsible for providing the PHA information concerning visitors.
It is the family's obligation to comply with all of the terms of the lease or rental agreement, including those that
govern guests and visitors.
The following visitor circumstances, separately or in combination may be considered a family composition
change:
1. The visitor has moved personal clothing and possessions into the unit.
2. The visitor sleeps, as a pattern and practice, at the premises on a daily basis or for a majority of
days during the week.
3. The visitor is working in the area but has no other place of permanent residence.
4. The visitor receives mail at the assisted residence.
Failure by the participant to inform the PHA of the above circumstances may be grounds for termination from
the program.
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H. Family Absence from the Unit
The PHA may allow extended family absences from the assisted unit; however, the absence may not exceed 90
consecutive days in any circumstance, except to provide a "reasonable accommodation" to a person with
disabilities. The definition of "absence" is that no member of the assisted family is residing in the rental unit.
Family absences which are expected to last longer than 30 days must be reported to the PHA. Acceptable
reasons for extended family absences may include but are not limited to illnesses or medical situations which
require in-patient treatment, absences to care for relatives, and absences due to a family death. Unapproved
absences lasting longer than 90 days may be subject to termination of HAP payments and rental assistance
benefits. The participant must request approval in writing and inform the PHA of the nature of the absence.
Absences will not be approved for incarceration due to drug-related or violent criminal activity.
In addition, if any adult member in the household is absent from the unit for 90 consecutive days that person
will no longer be considered a household member. If the removal of the adult household member results in a
reduction of the subsidy standard, the family will be notified that the subsidy standard will be reduced at the
next annual recertification or move, whichever comes first. If the adult member returns after being absent for 90
consecutive days and prior to the subsidy standard being reduced, the subsidy standard will still be reduced at
the next annual recertification or move. However, the PHA may take into consideration a reasonable
accommodation or unusual circumstances when making the decision to reduce the subsidy standard.
If an adult child temporarily moves from the unit to attend school, the PHA will take into consideration whether
they are living in a permanent housing situation or a housing situation that is meant to be temporary in nature
such as a dorm or student housing. If the student will be returning during school breaks, the payment standard
will remain the same until the adult student attains the age of 26. However, if the adult student is living in
permanent housing the subsidy standard will be reduced in accordance with the policy.
If the participant family requests to remove the adult student from the household, the adult student will be
removed and the subsidy standard will be reduced at the next annual recertification or move, if appropriate.
Minor children that will be absent fromthe unit for more than 90 days may be considered a reduction in the
household and may result in a reduction of the subsidy standard at the next annual recertification or move.
NOTE: A child who is temporarily away from the assisted household due to placement in foster care is still
considered a member of the participant family and the subsidy standard will not change. The child will remain
temporarily away until the child is returned to the household. If it is determined by the court system that the
child will be permanently placed outside of the home, the subsidy standard will be decreased at the next annual
recertification or move, if warranted by the household composition without the minor child.
I. Family Break-up
In determining which family members continue to receive assistance after a family breaks up, the PHA shall take
into consideration the following factors and conditions:
1. The Initial Household Composition at the time of admission to the program.
2. Whether the assistance should remain with family members staying in the assisted unit.
3. The best interest of minor children or of ill, elderly, or disabled family members.
4. Whether the family members are forced to leave because of actual or threatened physical
violence against family members by a spouse or other member of the "household".
First, the PHA will consider the welfare of the children and elderly or disabled individuals. The PHA may consult
with appropriate federal, State or local agencies and institutions for guidance in reaching a decision which serves
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the best interest of the entire family. Court decrees or other information concerning the social and economic
circumstances and overall welfare of the family will be taken into consideration. The assigned Housing Specialist
will make recommendations for the Housing Program Manager's approval concerning disposition of the family,
based on consultation (if possible) with the impacted adult members. Recommendations will be reviewed with
the family, before a final decision is made in either approving the recommendation or modification thereof.
In the case where the custody of 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.
In situations where separated parents are each claiming the child as a member of the household or the
custody order specifies equal percentage of custody, the parent whose address is listed on the school records
will be allowed to claim the school-age child as a dependent for determining the subsidy standard for Section
8 purposes. If the child is not of school-age or is home-schooled, the parent who claims the child as a
dependent on their income tax return or receives benefits on behalf of the minor child will be considered the
custodial parent for subsidy standard purposes.
Under no circumstances can the minor child(ren) and/or adult dependent(s) receive rental assistance in two
different households.
VII. TENANCY APPROVAL AND HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT
A. Family Tenancy History
The PHA will inform the prospective owner that the PHA does not screen the family's behavior or suitability for
tenancy and that such screening is the owner's own responsibility. Upon request of the owner, the PHA must
provide the family's current address and the name and address of the owner and the owner information for
prior addresses, if known. The PHA will provide the same family information to all owners, as requested.
The PHA will not provide the owner with additional information regarding history of tenancy, drug-related
activity, or violent criminal activity, unless instructed, in writing, by the applicant or participant.
B. Submittal of the Request for Tenancy Approval
The PHA will permit an applicant or participant to submit one Request for Tenancy Approval (RFTA) at a time.
The PHA 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
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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 for the owner's unassisted
units.
D. Damage Claim Provisions
Effective October 2, 1995, the Conforming Rule eliminates the right of the owner to claim reimbursement from
the PHA for damages or other amounts owed by the tenant 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 family who owes the owner money due to unpaid rent or tenant-caused damages that exceed the
security deposit will not be considered in good standing to either port to another jurisdiction or move unless
they have paid the prior owner or have entered into a repayment agreement with the prior owner.
A participant who causes damage that exceeds normal wear and tear to the assisted unit or premises, or has a
guest, who causes damage to the assisted unit or premises, 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 of the assisted occupancy. The goal isto assist eligible families to rent units that are decent, safe, and
sanitary.
In addition, 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. In addition, PHA staff will consult with the City Code Compliance staff on situations that appear to fail
the City codes.
If one or more items fail, the rental owner and the tenant are sent a letter noting the Fail or Pass with Comment
item{s}. If a unit has failed the inspection, the owner is requested to bring the fail item into compliance within 30
days of notification and a reinspection appointment is scheduled. The Housing Specialist must note any
extensions given to the owner to make repairs for routine items, including the reason for and length of the
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extension.
If the item(s) are a "life-threatening fail", the item must be repaired within 24 hours.
The following item(s) are considered "life-threatening" and must be corrected by the owner or the tenant
(whoever is responsible) within 24 hours' notice of the inspector:
• Waterlogged ceiling(s) in imminent danger of falling;
• Major plumbing leaks or flooding;
• Natural gas leaks or fumes that are apparent;
• Electrical problem(s) that could cause an electrical shock or fire;
• Jagged, broken glass that could cause an injury; or
• Other immediate, observable danger(s) that could be a health and/or safety hazard to the family.
The PHA may give an additional 24 hours to repair the condition, if the responsible party cannot be notified or it
is impossible to complete the repair within the 24-hour period. In the case where there is leaking gas or the
potential or fire or other threat to public safety, the proper authorities will be notified.
If an owner refuses to remedy any failed item within 30 days for routine fail items and 24 hours for life
threatening fail items, the owner and participant will be notified that the Housing Agency will abate the Housing
Assistance Payment. 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 of the 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 of rental assistance benefits. If the tenant fails to remedy
the fail item in the prescribed period, 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 maximum
contract amount that the participant family is qualified for;
3. Rental unit passes the HQS inspection, passes local City codes, and is rent reasonable in
comparison to other unassisted rental units;
4. Receives the completed Internal Revenue Service, Form W-9 and related documents confirming
ownership of the property;
5. The participant family takes possession of the rental unit; and
6. HAP Contract and Tenancy Addendum has been signed by the owner/owner's agent and
executed by the Housing Representative.
NOTE: the first month housing assistance payment will be made pending the receipt of the signed HAP Contract
from the owner, if the owner fails to return the HAP contract within the time requested, subsequent HAP checks
will be suspended until all documents are received.
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G. Moves
Families may not be permitted to move during the initial term of the lease, unless the move is necessary due
to a family member being the victim of domestic violence, dating violence, or stalking, in which case a move
will be allowed and no waiver will be required.
Except for the above condition, families will not be permitted to move ifthe lease/rental agreement is not
properly terminated; the participant family must do the one of the following:
1. Provide the owner a written 30-day notice to vacate the rental unit.
2. Enter into a Rescission of Lease Agreement with the owner to terminate tenancy prior to the lease
term and/or to waive the 30-day noticing requirement.
3. Agree to move in accordance with a termination of tenancy notice issued by the owner.
A copy of the notice to the property owner must be given to the PHA.
Families may not be permitted to move more than once in a twelve-month period, unless they can
demonstrate the move is required due to a medically related situation or a reasonable accommodation. Other
requests may be taken into consideration based on the specific situation and the need to move.
VIII. SPECIAL HOUSING TYPES
A. Special Housing Types -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 manufactured home 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.
The PHA may take into consideration other housing types, including shared housing, if the rental market is such
that there is a limit to available housing in the PHA's jurisdiction.
IX. DEBTS OWED TO THE HOUSING AGENCY
A. Owner
If an owner is owes money to the PHA as a result of an overpayment, the owner will be requested to either pay
the amount due in full or be advised that the overpayment 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 debt, the owner will be banned from renting to future Section 8
participants until the debt is resolved. Also, the amount owed may be sent to a collections agency.
B. Applicant
An applicant must pay in full all debts, if any, owed to the PHA or any other Housing Agency before being
admitted to the rental assistance program. An exception may be made if the applicant is current on a repayment
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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 may be grounds for termination of benefits. However, if a participant wishes to move or port to
another jurisdiction, the balance must be paid in full prior to execution of a new contract. The Housing Program
Manager may approve an exception to this provision if the family demonstrates that they have made timely
payments in accordance with the Repayment Agreement and the family may suffer a hardship if they are unable
to relocate or exercise portability.
D. Repayment Agreements
The PHA may offer a participant an opportunity to enter into a Repayment Agreement to pay rental assistance
payments that were overpaid on the participant's behalf while occupying an assisted unit. The participant will
remain in good standing with the PHA as long as the payments are made in a timely manner. Failure to abide by
the Repayment Agreement shall be grounds for termination of Section 8 benefits. Participants will not be able to
port to another jurisdiction until payment is received in full. The Housing Program Manager may waive this
requirement if the participant has been making monthly payments and it would be a hardship on the family if
they were unable to move. If the PHA offers a repayment agreement, it will determine the terms. The period
for repayment shall not exceed 36 months unless approved by the Housing Program Manager.
A family who is determined not to have reported their household income fully or accurately, at the time of
recertification, is subject to an interim increase effective with a 30-day notice. Any overpaid housing
assistance will need to be repaid by the family. A family may be allowed to remain on the program and enter
into a Repayment Agreement if there are no other issues, the unreported income was less than $15,000, and
providing it appears the family did not deliberately provide false, misleading, incomplete, or incorrect
information to the PHA.
A family who is not current on their monthly payments as outlined in their Repayment Agreement will be sent
a courtesy letter if it is their first offense. A second offense will result in a warning notice. A third offense will
result in a 30-day Notice of Intended Action {NIA) to terminate rental assistance benefits in accordance with
provisions of the Repayment Agreement.
Debts that are still owed by an inactive participant will be sent to a collection agency.
X. ANNUAL AND INTERIM REEXAMINATIONS
A. Recertification
It is a HUD requirement to annually reexamine family eligibility, including families who qualify as elderly,
handicapped or disabled. Inspections will be performed and rents reviewed annually, and/or at such other times
as circumstances may require.
The PHA may adopt tri-annual recertifications on fixed income households if this provision is adopted by federal
regulations.
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B. Interim Reexaminations
Interim reexaminations (certifications conducted before the anniversary date) are based on a change in family
composition or financial status. Interim reexamination will not alter the date of the family's annual
recertification. Any increase in the family's share of the rent, prompted by the interim reexam, shall be preceded
by a minimum of 30 days' written notice of such increase.
Increases in earned income and changes in employment will only be required to be reported at the annual
recertification.
Family composition changes are required to be reported, in writing, 30 days from the date the change occurs.
Interim reexaminations will only be completed under the following 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 change in family composition.
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 inthe 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 over $25 will be paid on the next weekly check
run. Retroactive payments that are $25 or less will be paid on the next monthly payment batch.
All reports of changes in income, assets, or number of household members must be reported in writing.
C. Family Moves
Families will be provided information regarding theirresponsibility 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 of the 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.
However, the port in process will not be delayed if a redetermination is necessary. The port in family will be
allowed to move into a rental unit and an adjustment may be made at a future date, if warranted.
Port out participants -the PHA will allow the family to lease outside of the jurisdiction if they are in good
standing.
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XI. VERIFICATION POLICY
A. Enterprise Income Verification
HUD regulations state that Enterprise Income Verification (EIV) is the preferred method of verification
whenever possible. HUD has made available the EIV System and strongly encourages PHA's to utilize the
system to validate tenant reported income and inform tenants of the PHA's capability and intent to compare
tenant-reported information with data received.
Users authorized by the Executive Director, who have completed the necessary HUD paperwork for EIV access,
shall only utilize EIV. If the EIV income information is less than the family's reported income, the PHA will use
the family's reported income, as verified by third-party verification (or other forms if third-party verification
cannot be obtained).
If the EIV income information is more than the family's 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 ifthe 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 it is found that the EIV data is substantially different from what the participant reported and/or from third-
party documentation, the following steps will be followed.
NOTE: substantially is defined as income that exceeds $3,600 or more annually than what the participant
reported or that was reported by third-party documentation.
1. In the case where staff has relied solely on EIV data to document the discrepancy in income,
staff will submit a third-party verification form to the income source.
2. Staff will review historical data for prior patterns of employment, benefit payments, and/or
other income sources.
3. Staff will discuss the discrepancy with the participant and the participant will be given the
opportunity to resolve the discrepancy. Such discussion may be either verbally or in writing.
a. Although the participant will be given the opportunity to resolve the discrepancy, the
final decision will be based on either third-party verification or EIV data, whichever is
most accurate; unless the participant can provide documentation that one or both
parties' data is incorrect.
b. If the participant is able to produce sufficient documentation of incorrect third-party
verification and/or EIV data, staff shall contact the proper personnel in charge of this
data for resolution.
Staff will determine the cause of the income discrepancy. If the discrepancy is determined to be caused by the
participant, staff will determine if the family committed willful and intentional fraud by failing to accurately
report their household income. The PHA may require the family to repay the entire amount in full or have its
assistance terminated for committing fraud, a violation of family obligations under the program. If the family's
assistance is terminated and repayment has not been made, the money owed is considered an overpayment
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of assistance and the PHA may take action to collect the overpaid housing assistance.
In determining whether the family violated the family obligation, the PHA will determine whether the family
supplied the information willingly at the last annual recertification, interim reexam, or move appointment.
If it is determined that the family failed to report income due an unintentional error or omission by the family,
staff will calculate the amount of the overpayment and offer the family a Repayment Agreement. The
overpayment shall be calculated back to the effective date of the increase in income. If the family declines to
sign a Repayment Agreement, the assistance of the family may be terminated for violation of their family
obligations.
Participants who have household members who will attain the age of 18 years before their next annual
recertification will be mailed the following consent forms: form HUD-9886 Authorization for the Release of
Information/Privacy Act Notice, form HUD-52675 Debts Owed to Public Housing Agencies and Terminations,
and the Family Obligations for Section 8 Applicants/Participantsn form. Any household member who turns 18
years of age will be required to sign the aforementioned forms in accordance with 24 CFR 5.230.
B. Self-Employment Income
Net income from a business or profession must be included in annual income. In order to verify the net
income from self-employment/business ownership, the PHA will view the IRS federal tax return, and financial
documents from prior years, and use this information to anticipate income for the next 12 months.
The family must provide a copy of its prior year's federal income tax return if it was filed.
The following are acceptable methods of verification:
• IRS Form 1040, including the following if applicable:
o Schedule C (Small Business)
o Schedule E (Rental Property Income)
o Schedule F (Farm Income)
• Financial statement(s), either audited or not audited, of the business
o If accelerated depreciation was used on the tax return or financial statement, an accountant's
calculation of depreciation expense, computed using straight-line depreciation rules.
• Credit report or loan application
• Business Ledgers
• Family's self-certification as to net income realized from the business during previous years. For some
self-employment types, where there is a potential for substantial income, self-certification is
unacceptable.
• In cases of large gross income yet minimal net income to applicant or participant, additional
documentation may be required, for example, documentation of wages and payroll taxes, receipts for
expenses, etc.
• Documents such as manifests, daily logs, appointment books, cashbooks, bank statements and
receipts will be used as a guide for the prior six months (or lesser period if not in business for six
months) to project income for the next 12 months. The family will be advised to maintain these
documents in the future if they are not available.
• If a family member has been self-employed for less than three months, the HA will accept the family
member's certified estimate of income and perform an interim reexamination in three months. If the
family member has been self-employed for three to twelve months, the HA will require the family to
provide documentation of income and expenses for this period and use that information to project
expenses.
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Expenses of rent and utilities will not be allowed for businesses based in the subsidized unit. In addition, the
following are nondeductible business expenses:
• Principal payments on loans
• Interest on loans for business expansion or capital improvements. Business expansion is defined as
any capital expenditures made to add new business activities, to expand current facilities, or to
operate the business in additional locations.
• Other expenses for business expansion
• Outlays for capital improvements
If the net income from a business is negative, no business income will be included in annual income; a
negative amount will not be used to offset other family income. However, any income the family reports that
it is paying itself for salary will be counted as income.
If the business is co-owned with someone outside the family, the family must provide documentation
demonstrating its share of the business as a percentage of the business partnership agreement.
It is the family's responsibility to provide documentation of income and expenses in good order with
everything organized, recorded, and totaled. The PHA will reject documentation that has not been organized
and totaled, e.g., an unorganized bundle of receipts.
C. Child Care Business or Home-Based Business
If an applicant/participant is operating a licensed day care business or home-based business, income will be
verified as for any other type of business.
If the applicant is operating a "cash and carry" child care operation, which may or may not be licensed, the
PHA may require that the applicant/participant complete a form for each customer. The form must indicate
the name of the person(s) whose child(ren) is/are being cared for, phone number, number of hours the child
is being cared for, method of payment (cash/check), amount paid, and signature of the person who receives
the services.
The family must indicate if itis receiving a food allowance or other compensation to offset business expenses.
Third-party verification will be requested if another public entity, such as the San Diego County Health and
Human Services Agency, is providing compensation to the childcare provider.
The family must provide a copy of its federal tax return, if it was filed.
If none of the above documents are available, the family may provide a notarized self-certification signed
under penalty of perjury, as to gross income received the previous year, as well as anticipated gross income
for the next year.
D. Minimal or Zero Income
There is no minimum income requirement. However, families who report zero or minimal income are
required to complete a written certification every 30 days, and provide copies of expense receipts for the 30-
day period. The PHA will conduct an interim to increase the family's rent share upon reinstatement of
income.
The family may be required to provide documentation to prove that income, such as unemployment benefits
TANF, CalWORKs, SSI, child support, etc. are not being received.
The PHA may request information from the State Employment Development Department. The PHA
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may run a credit report on the family.
The PHA may require a family's notarized self-certification, signed under penalty of perjury, stating that the
family/household has no income, and explain how the family expects to meet its basic needs.
E. Personal Loans as Income
Personal loans are considered income unless it is a 'traditional' loan from a bank or a lending institute. For
households that are receiving personal loans from family, friends, churches or other non-traditional sources, the
amount received will be considered for determination of the household's monthly rent portion.
If a household is receiving a 'non-traditional' loan that is expected to be paid back upon the receipt of delayed
benefits such as 551, an insurance settlement, Workmen's Compensation, etc., that amount will still be included
as monthly income. However, once the lump sum payment is received from the household, the amount that is
to be repaid to the non-traditional source will be deducted from the lump-sum upon proof of payment.
F. Medical Expenses
When it is unclear in the HUD rules as to whether or not to allow an item as a medical expense, IRS publication
502 will be used as guidance. In addition, letters by medical professionals may be requested and taken into
consideration when determining whether or not to allow an expense.
The 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 projected amount when other verification is not available.
It is the family's responsibility to submit medical expenses for consideration. Expenses will only be accepted
during the intake, recertification, and move process. Exceptions may be made for major medical expenses that
were not anticipated and may cause a hardship to the household if they are not factored in for an interim
reexam. All medical expenses must be submitted in an orderly and organized manner. Bundled or disorganized
receipts will not be accepted.
Amounts paid by other sources such, as trusts, other family members, friends, etc. will not be taken into
consideration as a medical expense. Amounts that exceed the household's reported annual income amount will
not be taken into condideration.
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
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information requested by the PHA or HUD for use in a regularly scheduled reexamination of family
income and composition.
2. Disclose and verify social security numbers and sign and submit consent forms for obtaining information.
3. Supply any information requested by the PHA to verify that the family is living in the unit or information
related to family absence from the unit.
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 notrequired to supply under the lease.
Any information the family provides must be true, accurate, and complete:
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 of the family, unless the PHA has
determined (and has notified the owner and the family of such determination) that approving rental of
the unit, notwithstanding such relationship, would provide reasonable accommodation for a family
member who is a person with disabilities.
9. Engage in illegal use of a controlled substance or abuse of alcohol that threatens the health and safety or
right to peaceful enjoyment of the 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.
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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 property owners, neighbors, and violence against property. Circumstances will be taken into
consideration if the violent criminal activity is subject to the guidelines under Violence Against Women Act
(VAWA).
F. Crime by Family Member
The PHA shall terminate assistance to a family if the preponderance of evidence indicates that a family member,
foster child or Live-In Aide has committed the crime, or friends/guests of the assisted family committed the
crime, regardless of whether the crime is technically classified as a felony.
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 of the lease/rental agreement. The PHA will conduct a Tenant Conference
once three infractions have been made, as reported in writing by the owner of the property. If the pattern
continues after the Tenant Conference, a Stipulation Agreement will be offered to the participant advising and
acknowledging that any future violations may result in termination of rental assistance benefits. If the violations
continue, a Notice of Intended Action will be mailed to the family.
H. Fraud or Other Program Violations
The PHA shall deny or terminate assistance if any member of the family commits fraud, bribery or any other
corrupt act. Such criminal act is a breach of family obligations.
I. Violence against PHA Personnel
The PHA shall deny or terminate assistance if the family has engaged in or uses abusive or violent language or
behavior toward PHA personnel.
The PHA may allow an individual to .remain on the program under the condition that the household member
does not appear in the office without an appointment and/or without a representative.
J. Violence Against Women Act (VA WA)
Denial of assistance to an applicant or termination of assistance of a participant for criminal activity is subject
to the provisions of VAWA instituted in 2005 and Reauthorization of the Act in 2013 as described below:
1. Being a victim of domestic violence, dating violence, or stalking is not a basis for denial of assistance or
admission to assisted housing if the applicant otherwise qualifies for assistance or admission.
2. Incidents or threats of abuse will not be construed as serious or repeated violations of the lease/rental
agreement or other "good cause" for termination of the assistance, tenancy, or occupancy rights of a
victim of abuse.
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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.
5. Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking -
Carlsbad Housing Agency (CHA) is concerned about the safety of its tenants, and such concern extends
to tenants who are victims of domestic violence, dating violence, sexual assault, or stalking. In
accordance with the Violence Against Women Act (VAWA), CHA allows tenants who are victims of
domestic violence, dating violence, sexual assault, or stalking to request an emergency transfer from
the tenant's current unit to another unit. The ability to request a transfer is available regardless of sex,
gender identity, or sexual orientation. The ability of CHA to honor such request for tenants currently
receiving assistance, however, may depend upon a preliminary determination that the tenant is or has
been a victim of domestic violence, dating violence, sexual assault, or stalking, and on whether the
tenant is able to secure another dwelling unit that is available and is safe for the tenant for temporary
or more permanent occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to
request an emergency transfer, confidentiality protections, how an emergency transfer may occur, and
guidance to tenants on safety and security. This plan is in compliance with VAWA and is based on a
model emergency transfer plan published by the U.S. Department of Housing and Urban Development
(HUD), the Federal agency that oversees that Section 8 Rental Assistance Program.
Eligibility for Emergency Transfers -A tenant who is a victim of domestic violence, dating violence,
sexual assault, or stalking, as provided in HUD's regulations at 24 CFR part 5, subpart Lis eligible for an
emergency transfer, if: the tenant reasonably believes that there is a threat of imminent harm from
further violence if the tenant remains within the same unit. If the tenant is a victim of sexual assault,
the tenant may also be eligible to transfer if the sexual assault occurred on the premises within the 90-
calendar-day period preceding a request for an emergency transfer.
A tenant requesting an emergency transfer must expressly request the transfer in accordance with the
procedures described in this plan.
Tenants who are not in good standing may still request an emergency transfer if they meet the
eligibility requirements in this section.
Emergency Transfer Request Documentation -To request an emergency transfer, the tenant shall
notify CHA's management office and submit a written request for a transfer to Carlsbad Housing
Agency, 1200 Carlsbad Village Drive, Carlsbad CA 92008. CHA will provide reasonable accommodations
to this policy for individuals with disabilities. The tenant's written request for an emergency transfer
should include either:
1. A statement expressing that the tenant reasonably believes that there is a threat of
imminent harm from further violence if the tenant were to remain in the same dwelling unit
assisted under CHA's program; OR
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2. A statement that the tenant was a sexual assault victim and that the sexual assault
occurred on the premises during the 90-calendar-day period preceding the tenant's request for
an emergency transfer.
Confidentiality -CHA will keep confidential any information that the tenant submits in requesting an
emergency transfer, and information about the emergency transfer, unless the tenant gives CHA
written permission to release the information on a time limited basis, or disclosure of the information
is required by law or required for use in an eviction proceeding or hearing regarding termination of
assistance from the covered program. This includes keeping confidential the new location of the
dwelling unit of the tenant, from the person(s) that committed an act(s) of domestic violence, dating
violence, sexual assault, or stalking against the tenant. See the Notice of Occupancy Rights under the
Violence Against Women Act For All Tenants for more information about CHA's responsibility to
maintain the confidentiality of information related to incidents of domestic violence, dating violence,
sexual assault, or stalking.
Emergency Transfer Timing and Availability -CHA cannot guarantee that a transfer request will be
approved or how long it will take to process a transfer request. CHA will, however, act as quickly as
possible to move a tenant who is a victim of domestic violence, dating violence, sexual assault, or
stalking to another unit, subject to availability and safety of a unit. If a tenant reasonably believes a
proposed transfer would not be safe, the tenant may search for a different unit. If a unit is available,
the transferred tenant must agree to abide by the terms and conditions that govern occupancy in the
unit to which the tenant has been transferred. CHA may be unable to transfer a tenant to a particular
unit if the tenant has not or cannot establish eligibility for that unit.
CHA will assist the tenant in identifying other housing providers who may have safe and available units
to which the tenant could move. At the tenant's request, CHA will also assist tenants in contacting the
local organizations offering assistance to victims of domestic violence, dating violence, sexual assault,
or stalking.
XIII. PROCEDURES FOR 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 bythe 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.
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.
Carlsbad Housing Agency -Administrative Plan 32
April 10, 2018 Item #4 Page 51 of 79
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.
The PHA is not required to provide an opportunity for an informal hearing for PHA discretionary administrative
determinations or for general policy issues or class grievances.
A request for an informal hearing must be received by the PHA and postmarked within 15 days from the date of
the "Notice of Intended Action". Being incarcerated will not be considered 'good cause' for missing the 15 day
deadline.
C. Informal Hearing Notice to Participant
The PHA shall notify the family of its right to request an informal hearing on a decision to deny or terminate
assistance. The notice shall include a brief statement of reasons for the PHA decision. The notice will advise the
family that they have 15 days from the date of the Notice of Intended Action to request an Informal Hearing. The
PHA will advise the participant of their right to examine documents 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 of the family.
The PHA will not terminate rental assistance benefits under an executed HAP contract until a hearing decision
has been rendered.
If an Informal Hearing is scheduled and the family fails to attend without prior notification, the Informal Hearing
will be considered 'abandoned' and the termination or denial will stand. If a family is more than 20 minutes late
without prior notification, the Informal Hearing will be considered 'abandoned' and the termination or denial
will stand. Extenuating circumstances may be taken into consideration at the discretion of the Housing Program
Manager or Director.
D. Pre-Hearing Discovery
The family has a right to pre-hearing discovery of 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 of the family, the complexity of the 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.
Carlsbad Housing Agency -Administrative Plan 33
April 10, 2018 Item #4 Page 52 of 79
XIV. POLICIES CONCERNING DISAPPROVAL OF OWNERS
A. Review of the Rental Agreement
The PHA will review a rental agreement utilized by an owner to assure that the document is current and in
compliance with federal, State and local law. The owner will be required to attach the HUD lease addendum to
their rental agreement.
B. Owner Violations of the HAP Contract
The PHA may terminate an owner from the program for serious and repeated violations of the HAP Contract
and/or lease agreement.
C. Disapproval of Owner for "Drug Trafficking"
The PHA shall disapprove of an owner if the PHA is in possession of credible information that the owner has
engaged in drug-dealing or trafficking. Drug trafficking refers to commercial drug-dealing (manufacture, sale, or
distribution of narcotics), but does not cover illegal drug use.
D. Disapproval of Owner for HQS Violation
The PHA shall disapprove of an owner with a continued "history or practice" of violating HQS, City codes or
applicable housing standards under other federal housing programs.
XV. INTEGRATED PEST MANAGEMENT (1PM) POLICY
A. When Bed Bugs are Reported
Housing representative will inquire what the.provisions are in the lease or rental agreement in regards to pest
management/extermination. If the lease does not state who is responsible, the violation will be assigned to
the owner.
PHA must receive written documentation by a licensed pest control company that all bed bugs have been
exterminated and unit is cleared from any hazard of bed bugs. This documentation must be received by the re-
inspection date.
Abatement/termination will be processed if adequate documentation is not received timely. A proactive
owner extension may be granted if documentation is received from a licensed pest control company stating
that the extermination is taking place but additional treatments are required. Units that are not treated and
cleared of the bed bug infestation will be added to the noncom pliant unit list.
B. When Bed Bugs are Discovered After Entering an Assisted Unit
At the inspection, an inquiry will be made by the PHA inspector as to whether there have been any issues with
the unit in general; including any issues with infestation. If the PHA inspector is already in a unit and the family
reports there are bed bugs or live bed bugs are evident, the inspector will immediately exit the unit and
explain to the family that the PHA does not allow inspectors to enter units with a known bed bug infestation.
After exiting the unit, PHA staff will explain the bed bug policy to the family and advise them if they have any
questions to contact the Housing Program Manager.
The policy listed above under "When Bed Bugs are Reported" will be followed.
Carlsbad Housing Agency -Administrative Plan 34
April 10, 2018 Item #4 Page 53 of 79
Once the PHA has received confirmation from a licensed pest control company that the bed bugs have been
eliminated, the inspection will be rescheduled.
The participant will be advised that any future suspected issues with bed bug infestation should be reported
immediately to the property owner or their agent. If the property owner or agent is not responsive in an
appropriate timeframe, the participant needs to contact the housing agency immediately.
Carlsbad Housing Agency-Administrative Plan 35
April 10, 2018 Item #4 Page 54 of 79
. ATTACHMENT C
Certifications of Compliance with
PHA Plans and Related Regulations
(Standard, Troubled, HCV-Only, and
Hif(h Performer PHAs)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
0MB No. 2577-0226
Expires 02/29/2016
PHA Certifications of Compliance with the PHA Plan and Related Regulations including
Required Civil Rights Certifications
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other
authorized PHA official if there is no Board of Commissioners, I approve the submission ofthe_ 5-Year and/or XAnnual PHA
Plan for the PHAfiscal year beginning 2018, hereinafter referred to as" the Plan", of which this document is a part and make the
following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the
submission of the Plan and implementation thereof
1. The Plan is consistent with the applicable comprehensive housing affordability strategy ( or any plan incorporating such
strategy) for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing
Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable
Consolidated Plan.
3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by
the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions
to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the
RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident
Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
4. 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.
5. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990.
6. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identifying any
impediments to fair housing choice within those programs, addressing those impediments in a reasonable fashion in view of
the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively
further fair housing that require the PHA's involvement and by maintaining records reflecting these analyses and actions.
7. For PHA Plans that includes a policy for site based waiting lists:
• The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner
(as specified in PIH Notice 2010-25);
• The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in
which to reside, including basic information about available sites; and an estimate of the period of time the applicant
would likely have to wait to be admitted to units of different sizes and types at each site;
• Adoption of a 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 a waiting list is consistent with affirmatively furthering fair
housing;
• The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications, as specified in 24 CFR part 903.7( c)(l).
8. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
9. The PHA will comply with 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.
10. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment
Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
11. 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.
Page 1 of2 form HUD-50077-ST-HCV-HP (12/2014) April 10, 2018 Item #4 Page 55 of 79
12. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
13. 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.
14. 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 193 7 and the Contract Work Hours and Safety Standards Act.
15. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
16. 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.
17. The PHA will comply with the policies, guidelines, and requirements ofOMB Circular No. A-87 (Cost Principles for State,
Local and Indian Tribal Governments), 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).
18. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
19. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. All required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA.
22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the
Declaration ofTrust(s).
City of Carlsbad Housing Agency CA077
PHAName PHA Number/HA Code
XX Annual PHA Plan for Fiscal Year 2018
5-Year PHA Plan for Fiscal Years 20 -20
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802).
Name of Authorized Official Title
Matt Hall Chair, Community Development Commission
Date
Page 2 of2 form HUD-50077-ST-HCV-HP (12/2014) April 10, 2018 Item #4 Page 56 of 79
ATTACHMENT D
Certification by State or Local
Official of PHA Plans Consistency
with the Consolidated Plan or
State Consolidated Plan
(AllPHAs)
U. S Department of Housing and Urban Development
Office of Public and Indian Housing
0MB No. 2577-0226
Expires 2/29/2016
Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan
I, Matt Hall
Official's Name
, the Chair, Community Development Commission,
Official's Title
certify that the 5-Year PHA Plan and/or Annual PHA Plan of the
City of Carlsbad Housing Agency -CA077
PHAName
is consistent with the Consolidated Plan or State Consolidated Plan and the Analysis of
Impediments (AI) to Fair Housing Choice of the City of Carlsbad, California
Local Jurisdiction Name
pursuant to 24 CFR Part 91.
Provide a description of how the PHA Plan is consistent with the Consolidated Plan or State
Consolidated Plan and the AI.
The City of Carlsbad Housing & Neighborhood Services serves at the City's PHA and is also
the organization responsible for preparing the Consolidated Plan and the AI for the City of
Carlsbad. Therefore, staff preparing the PHA Plan, Consolidated Plan and the AI work
together to ensure that the documents are consistent and in line with the City's needs.
The following are specific examples:
• Designated 10 vouchers to serve homeless veterans and chronic homeless. In addition,
veterans receive a higher preference on the Section 8 Waiting List.
• Extremely low-income households receive a higher preference on the Section 8
Waiting List.
• Actively collaborate with non-profit agencies and social service agencies for resources
to assist the underserved needs of the community.
• Provide Fair Housing Workshops to Section 8 participants and property owners.
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will
prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official
Matt Hall
Title
Chair, Community Development Commission
Date
Page 1 of 1 form HUD-50077-SL (12/2014)
April 10, 2018 Item #4 Page 57 of 79
Minutes of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
CALL TO ORDER
HOUSING COMMISSION
6:00 P.M.
MARCH 8, 2018
COUNCIL CHAMBERS
Chairperson Newman called the Meeting to order at 6:03 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Randall led with the Pledge of Allegiance.
ROLL CALL
Present: Commissioners: Arline Carrillo
Absent:
Staff Present:
Joy Evans
Alan Newman
Kristy Randall
Shaunee Williams
NONE
Interim Community & Economic Director: Debbie Fountain
APPROVAL OF MINUTES
Minutes of February 8, 2018, were approved as written.
ITEM NOT ON AGENDA
There were no items not on the agenda.
NEW BUSINESS
Chairperson Newman brought the meeting to order.
Debbie Fountain, Interim Community & Economic Director, introduced Bobbi Nunn, Housing Program
Manager, who gave a presentation on the Annual Public Housing Agency Plan.
Commissioner Evans asked under the Public Housing Agency Plan do you still have the map that you
passed out to people?
Ms. Nunn answered that we do have a flier for the affordable housing developments with their phone
numbers.
Commissioner Evans said regarding the Administrative Plan and the live-in aide that is a legally married
spouse. What would be considered approvable? Say someone is blind, would they qualify for a two
bedroom?
Ms. Nunn answered that if the person is a one-person household, they may not automatically get the
second bedroom for a live-in aide. The living room can be considered as a bedroom/living area. We do
not automatically give the extra bedroom. If they qualify, they can request reasonable accommodations.
EXHIBIT 2
April 10, 2018 Item #4 Page 58 of 79
HOUSING COMMISSION MINUTES
March 81 2018
PAGE 2 of 5
The live-in aide is a big benefit for our clients because their income is not included in the tenant rent
calculation. Currently the only guidelines HUD gives us is that it cannot be someone who would benefit
from the unit except for the disabled individual.
Commissioner Evans commented that they may take them to doctor's appointments.
Ms. Nunn said yes, a live-in aide can also keep an eye on them taking medications.
Commissioner Carrillo asked if the live-in aide needs to be a nurse.
Ms. Nunn answered no the person does not have to be a nurse. Some people may not require that level
of assistance. They may just need someone to be there to help them.
Commissioner Evans asked who would be the person to approve if they will need a live-in aide.
Ms. Nunn said it would be their housing specialist. It would be a reasonable accommodation request,
which would require the participant to complete a packet of paperwork and have it reviewed by a housing
specialist and certified by a medical professional.
Commissioner Evans thanked Ms. Nunn.
Chairperson Newman asked, what would happen if a couple got divorced?
Ms. Nunn said if a couple is divorced, the spouse may be eligible based on HUD guidance. We cannot
deny someone just because they were a previous spouse. If they are elderly, they may feel more
comfortable with their ex-spouse because they are familiar with that person. HUD does not state they
cannot be a live-in aide just because they are an ex-spouse. Because we had a problem with one person,
we must review those situations. California is a community property state so that can be an issue if a live-
in aide is a spouse. We have decided that it is something we will not allow.
Commissioner Evans stated it conflicts with income standards.
Ms. Nunn said the live-in aides' income does not get considered.
Commissioner Randall asked what if an individual's medical expenses exceed their income?
Ms. Nunn commented that they had several people who had holistic care deductions; supplements and
special diet needs. It is fine to use holistic products, but when it adds up to more than their income, they
cannot zero out their income. Other housing agencies have put that in their Administrative Plan. We use
the IRS Publication 502 as a guideline as to what medically related expenses are allowed. We are required
to establish policy in the Administrative Plan.
Chairperson Newman asked if anyone else had any questions.
Commissioner Randall made a motion to approve that the Housing Commission adopt Resolution No ..
2018-001, recommending that the Housing Commission approve the Carlsbad Public Housing Agency
(PHA) Annual Plan for fiscal year 2018 for submission to the U.S. Department of Housing and Urban
Development. Commissioner Williams seconded the motion.
April 10, 2018 Item #4 Page 59 of 79
HOUSING COMMISSION MINUTES
March 8, 2018
PAGE 3 of 5
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
5-0
Carrillo, Evans, Newman, Randall and Williams
None
None
None
Marie Jones-Kirk, Community Services Manager, gave a presentation on the Homeless Response Plan
update.
Chairperson Newman asked what the program will use the money they have requested.
Ms. Fountain said as part of our lnclusionary Housing Program we have been able to produce about 300
for-sale units; town homes or stack flat condos that are sold to low income households. As part of that
agreement, there is an option for the city to purchase the units at the restricted affordable price. In the
past, the city's policy is not to exercise the options they can sell, but if we decided, it might be better for
the city to exercise that option to purchase those at the restricted price, then we can control who they
sell to. If we wanted to move someone from an existing rental property, we might move them from a
rental situation to a for-sale unit. Then we could put a homeless family or household into the for-rent
unit that is an affordable unit. This would create more options for us to assist homeless families.
It is likely a homeless person could not move into a for-sale unit, but maybe a family who is currently
renting could move into the for-sale affordable unit. If those units do not become available, we could
purchase existing duplexes, maybe a couple, or a single-family home as a group home situation. It would
at least give us more options.
Since we already have the option on the affordable units, we would not have to pay the market rate. It is
just an option we haven't exercised before because we have been trying to keep them in the market. We
have purchased a couple of units on foreclosures and resold them. In the past, it has not been a business
we have been interested in.
Commissioner Williams asked where the money would come from.
Ms. Fountain answered that CDBG would have a portion of the public improvement money set aside for
affordable housing. In the past, we have kept it in a reserve fund and sometimes helped other
organizations such as Solutions for Change purchase with CDBG and affordable housing trust fund. It is
always difficult to spend that money and be able to meet the federal guidelines.
We are having expenditure problems with CDBG so we started looking at alternatives and acquisition is
the easiest. We currently have $750,000 from the reserve fund when other projects cancelled or
projects that did not spend all their money. We are going before the City Council to request the money
to be used for this.
Commissioner Williams added that it is a great idea.
Chairperson Newman asked if there is a time limit.
April 10, 2018 Item #4 Page 60 of 79
HOUSING COMMISSION MINUTES
March 8, 2018
PAGE 4 of 5
Ms. Fountain said there is currently a 30-year restriction with every time it sells the 30 years begins
again. During the first 15 years, they must resell to another low-income family. We have had quite a
few ofthe properties turn over in the past, but as soon as we decided to do this, we haven't had any
come up for sale.
Ms. Fountain then continued that the City Council is being updated on the Homeless Response Plan, and
they were also updated that the Housing Commission has agreed to be the Advisory Committee for this.
I heard you had a very good meeting last month. Our intent is to do more of what we did last month
and consider other opportunities like short films created around homelessness so you as a Commission
can become experts. You are advocates for homeless services because you are more familiar with what
the issues are and why people become homeless. Having an advocacy body as well as a group informed
is very helpful as you can be ambassadors.
Ms. Fountain said she had information items. There will be a new set of approved meeting rules that is
Chapter 1.20 of the Carlsbad Municipal Code. Our City Attorney is currently working with the City Clerk
and going through the Municipal Code and updating it. Some of them have not been updated since
1952, some haven't changed since the 70's and some are outdated because there are new ordinances
with state law. They are beginning with the City Council rules of operation because things are becoming
more controversial throughout the nation when the government acts on many things.
Within the next few weeks, the City Clerk will be contacting you to invite you to a training on what your
role is in the Housing Commission. They will be looking at all Boards and Commissions. The first training
with be for the Chairperson and Vice-Chairperson. We do not actually follow Robert's Rules of Order.
Carlsbad has their own Rules of Order. This will be explained in the training.
They will tell you how to deal with difficult people such as directing a speaker into a discussion. We
have not seen a lot of controversy at our level. The Planning Commission does get a lot more of that.
There have been situations where a person has had to be physically removed. In the City Council, there
are usually police standing in the back of the room. Fortunately, we are not dealing with the same types
of issues that the City Council deals with.
They are working on having this training on an annual basis with the City Clerk and the City Attorney.
The plan is to move all meetings to the Council Chambers as there are some who meeting at the Senior
Center or the Library. The Housing Commission will not have a lot of changes. This reaches back to
transparency as all operations need to be made in the public arena. It was discovered that one group
was doing secret ballots for their election, but that is not allowed. It was something this group had done
for years without realizing it was wrong. The City Attorney has let them know that is not allowed.
The City Council did discuss possibly sunset of some groups, but none of the Boards or Commissions will
be sunset. One difference will be that the new plan for the Boards and Commissions will have an annual
work plan as well as goals. We will create the work plan for the Housing Commission and then we will
bring it to the City Council for approval. The City Council could accept the work plan as written or they
may add more to it.
Ms. Fountain wanted to share with the Housing Commission that she went to the City of Encinitas to sit
on an expert panel for lnclusionary Housing. The primary goals were for the City Council to decide what
to do with the mandate from the State of California to come up with a Housing Element. They are not
coming close to their RHNA numbers. One thing I learned is that Encinitas looks to Carlsbad and our
April 10, 2018 Item #4 Page 61 of 79
HOUSING COMMISSION MINUTES
March 8, 2018
PAGE 5 of 5
success with the lnclusionary Housing Program. The City of Encinitas would like to do something similar .
to what the City of Carlsbad has done. The City of Encinitas is far ahead of us in building out. They
appreciate what Carlsbad has been doing. Their constraints will be they do not have a lot of land.
The Housing Commission for March 8, 2018, was adjourned at 6:55 p.m.
Respectfully submitted,
Deborah Fountain
Interim Community & Economic Director
PATRICIA CRESCENTI, Minutes Clerk
MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITIEN MINUTES ARE APPROVED.
April 10, 2018 Item #4 Page 62 of 79
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HOUSING COMMISSION RESOLUTION NO. 2018-001
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE
CARLSBAD ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR
FISCAL YEAR 2018 AND ADMINISTRATIVE PLAN AND
AUTHORIZATION TO SUBMIT TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Housing & Neighborhood Services Department administers the Section 8
Rental Assistance Program for the City of Carlsbad's Public Housing Agency (PHA ); and
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has issued
regulations requiring PHAs to submit 5-Year and Annual Plans consistent with the City of Carlsbad's
Consolidated Plan and local objectives; and
WHEREAS, the U.S. Department of Housing and Urban Development requires that the PHA
revise the Administrative Plan to comply with HUD requirements and changes in local policies; and
WHEREAS, federal regulations provide that the 5-Year and Annual Plans and
Administrative Plan must be adopted by the Board of Commissioners of the Housing Agency and
submitted to the U.S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the
City of Carlsbad, California, as follows:
II
II
II
II
1. The above recitations are true and correct.
2. That based on the information provided within the Housing Commission Staff Report,
the Housing Commission ADOPTS Resolution No. 2018-001, recommending to the
EXHIBIT 3
April 10, 2018 Item #4 Page 63 of 79
HC RESOLUTION NO. 2018-001
PAGE2
1 //
2 Community Development Commission APPROVAL of the Carlsbad Annual PHA Plan for
3 Fiscal Year 2018 and the Administrative Plan and authorization to submit to the U.S. Department
4 of Housing and Urban Development.
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The Housing Commission hereby recommends that the Housing & Neighborhood Services
Director be authorized to execute all appropriate documents required for the submittal of said
Annual PHA Plan.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission
of the City of Carlsbad, California, held on the 8th day of March 2018, by the following vote, to wit:
AYES: ~P.RF.tLLO., EVANS1 NENMf\N 1 W..NDPtLL. ~~D W\LL.lfl..'MS
NOES: NONE:
ABSENT: NON E
ABSTAIN: NONE.
ALA~ NEWMAN, CHAIRPERSON
CARLSBAD HOUSING COMMISSION
(~ ~
-~ lL~(:,14~---DEBBIE FOUNTAN
INTERIM COMMUNITY AND ECONOMIC DIRECTOR
April 10, 2018 Item #4 Page 64 of 79
The City of Carlsbad Housing & Neighborhood Services
A REPORT TO THE HOUSING COMMISSION
DATE: March 8, 2018
Staff: Bobbi Nunn
Housing Program Manager
Item No. 1
SUBJECT: CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED
ADMINISTRATIVE PLAN
I. RECOMMENDATION
That the Housing Commission ADOPT Resolution No. 2018-001, RECOMMENDING that the Community
Development Commission APPROVE the Carlsbad Public Housing Agency (PHA) Annual Plan for Fiscal Year
2018 and revised Administrative Plan for submission to the U.S. Department of Housing and Urban
Development.
II. BACKGROUND
Housing & Neighborhood Services administers the federally funded Section 8 Rental Assistance Program
for the Public Housing Agency 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 provide 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 for the next five years. The 5-Year Plan covering fiscal
years 2015 -2019 was approved by the Community Development Commission on April 7, 2015.
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 PHA Plan and Administrative Plan and any revisions of the plans 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.
EXHIBIT 4
April 10, 2018 Item #4 Page 65 of 79
CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN
March 8, 2018
III. DISCUSSION
The Draft PHA Annual Plan and 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 10, 2018, and the Public Hearing is tentatively scheduled for April 10, 2018. All public
comments received on the draft PHA Annual Plan and Administrative Plan will be addressed and included
in the final documents that will be submitted to HUD.
The PHA is required to identify any PHA Plan elements that have been revised since the last Annual Plan
submission. The following areas are addressed:
• Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions;
• Financial Resources; and
• Rent Determination
Further, the PHA needs to indicate the progress in meeting the goals and objectives identified in the last 5-
Year PHA Plan that was adopted on April 7, 2015. The purpose ofthe 5-Year PHA Plan is to identify goals
and objectives to serve the needs of low-income (under 80% of the area median income -AMI), very low-
income (under 50% of the AMI}, and extremely low-income (under 30% of the AMI} families for the next 5
years.
The goals are:
1. Expand the supply of assisted housing;
2. Improve the quality of assisted housing;
3. Increase assisted housing choices;
4. Promote self-sufficiency and asset development of families and individuals; and
5. Ensure equal opportunity and affirmatively further fair housing.
Once the Plan is approved, the following documents are required to be submitted with the PHA Plan
template (Form HUD-50075-HP):
• Form HUD-50077-ST-HCV-HP, PHA Certifications of Compliance with the PHA Plans and Related
Regulations (which includes all certifications relating to Civil Rights);
• Form HUD-50077-SL, Certification by State or Local Official of PHA Plans Consistency with the
Consolidated Plan or State Consolidated Plan; 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 sections have been revised in the Administrative Plan:
• Changed participant reporting responsibilities throughout the Administrative Plan to report
changes within 30 days of occurrence.
• Revised section Ill. D. Admission Preferences for Selection of Applicants to include Chronic
Homeless as a preference.
• Revised section Ill. E. Order of Waiting List Selection to include Chronic Homeless.
April 10, 2018 Item #4 Page 66 of 79
CARLSBAD PUBLIC HOUSING AGENCY ANNUAL PLAN AND REVISED ADMINISTRATIVE PLAN
March 8, 2018
• Revised section VI. F. Live-In Aide to clarify that a legally married spouse will not be considered as a
Live-In Aide.
• Revised section XI. F. Medical Expenses to state that medical expenses that exceed the
participant's income will not be considered.
• Revised section XII. E. Violent Criminal Activity to state that circumstances will be taken into
consideration if the violent criminal activity is subject to the guidelines under Violence Against
Women Act (VAWA}.
• Revised section XII. G. Serious and Repeated Violations of the Lease/Rental Agreement to clarify a
tiered enforcement policy for adverse actions and that the Stipulation Agreement is the second
step after the Tenant Conference.
• Revised section XII. J. Violence Against Women Act (VAWA}, adding item 5. Emergency Transfer
Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking.
IV. STAFF RECOMMENDATION
Staff recommends that the Housing Commission adopt Resolution No. 2018-001, recommending that
the Community Development Commission approve the Annual PHA Plan for Fiscal Year 2018 and the
revised Administrative Plan for submission to the U.S. Department of Housing and Urban
Development.
V. EXHIBITS
1. Housing Commission Resolution No. 2018-001
2. Annual PHA Plan (Form HUD-50075-HP) for Fiscal Year 2018
3. Administrative Plan, revised February 2018
April 10, 2018 Item #4 Page 67 of 79
CITY OF CARLSBAD
NOTICE OF PUBLIC HEARING
FY 2018 PUBLIC HOUSING AGENCY ANNUAL PLAN AND ADMINISTRATIVE PLAN
NOTICE IS HEREBY GIVEN that the Community Development Commission of the City of
Carlsbad will hold a public hearing in the City Council Chambers, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 PM on Tuesday, April 10, 2018, to consider approval
and authorizing submittal of the Public Housing Agency Annual Plan and Administrative
Plan to the U.S. Department of Housing and Urban Development.
Copies of the City of Carlsbad's Public Housing Agency Annual Plan and Administrative
Plan are available for public review at the following locations: City Clerk's Office -1200
Carlsbad Village Drive, Cole Library -1250 Carlsbad Village Drive, Housing &
Neighborhood Services -1200 Carlsbad Village Drive, and the Senior Center -799 Pine
Ave.
Persons wishing to speak on this item are cordially invited to attend the public hearing.
Please contact Housing & Neighborhood Services at 760-434-2816 to arrange for
translators or other special services needed to participate in the public hearing process. If
you have any questions or would like a copy of the Staff Report, please contact Bobbi
Nunn, Housing Program Manager, at 760-434-2816. You may also provide your
comments in writing to Housing & Neighborhood Services at 1200 Carlsbad Village Drive,
Carlsbad, CA 92008 or by e-mail to bobbi.nunn@carlsbadca.gov
COMMUNITY DEVELOPMENT COMMISSION
April 10, 2018 Item #4 Page 68 of 79
TO:
DATE OF PUBLIC HEARING:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
CITY CLERK
t--f /10/12
DATE NOTICES MAILED TO PROPERTY OWNERS: ----------
NUMBER MAILED: -------
I declare under penalty of perjury under the laws 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: 0 Union Tribune
~Coast News
PUBLICATION DATE: Union Tribune --------------
Coast News 0/ 3ec./ I~ __ =-..,..---='---"----=----------
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. r ;1 .,
Date: ;3}3, I,~ u~ /(·711c m~ I
(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
April 10, 2018 Item #4 Page 69 of 79
April 10, 2018
Bobbi Nunn, Housing Program Manager
Carlsbad
Annual Public Housing Agency Plan
and
Administrative Plan
April 10, 2018 Item #4 Page 70 of 79
Public Housing Agency Plan
Required by federal regulations
Provides a basic guide to Public Housing Agency’s:
Policies and rules;
Operations, programs and services; and
Mission and strategies for serving low-income household’s
needs
April 10, 2018 Item #4 Page 71 of 79
Public Housing Agency Plan
Financial Resources:
CY 2017 Annual Contributions total $7,071,608
Rental Assistance Payments -$6,483,006;and
Program Administration -$588,602
April 10, 2018 Item #4 Page 72 of 79
Public Housing Agency Plan
Rent Determinations
Payment standards revised:
Studio $1562
1 Bdrm $1749
2 Bdrm $2266
3 Bdrm $3256
4 Bdrm $3982
5 Bdrm $4163
April 10, 2018 Item #4 Page 73 of 79
Public Housing Agency Plan
Progress in Meeting Mission and Goals –Highlights
64 rental units –Juniper at The Preserve, opened
2017
101 senior-restricted units –Robertson Ranch
56 Moderate Income rental units –Robertson
Ranch
April 10, 2018 Item #4 Page 74 of 79
Public Housing Agency Plan
Progress in Meeting Mission and Goals –
Highlights
HUD designated High Performer Agency
Utilized HAP costs within HUD funding
100% Reporting rate
Owner Outreach –SDCAA Expo Booth
April 10, 2018 Item #4 Page 75 of 79
Section 8 Rental Assistance Program
Administrative Plan
Local policies for administration of the program
Establishes policies for discretionary areas
Adopted by the Community Development
Commission
April 10, 2018 Item #4 Page 76 of 79
Administrative Plan
Administrative Plan –Updates and Revisions:
Reporting responsibilities -report changes within 30 days
Admission Preferences and Waiting List Selection -add Chronic Homeless preference
Live-In Aide -legally married spouse not an approvable Live-In Aide
Medical Expenses –medical expenses exceeding income reported will not be considered
April 10, 2018 Item #4 Page 77 of 79
Administrative Plan
Administrative Plan –Updates and Revisions:
Violent Criminal Activity -activity subject to Violence Against Women Act (VAWA)
Violence Against Women Act (VAWA) – emergency transfer plan
Serious and Repeated Violations of the Lease – tiered enforcement policy for adverse actions
April 10, 2018 Item #4 Page 78 of 79
Staff Recommendation
Adopt Resolution, authorizing the execution of
the PHA Certifications of Compliance, approving
the Annual PHA Plan for Fiscal Year 2018 and the
Administrative Plan for submission to the U.S.
Department of Housing and Urban Development
April 10, 2018 Item #4 Page 79 of 79