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HomeMy WebLinkAbout1989-08-15; Housing & Redevelopment Commission; 133; Section 8 Housing Administrative PlanHOUSING AND “EDEVELOPMENT COMMISI-)N - AGENDA BILL 0) i n AB# 133- 13 TITLE: 8/S/89 CITY OF CARLSBAD SECTION 8 MTG. HOUSING ADMINISTRATIVE PIAN DEPT. RED RECOMMENDED ACTION: If Housing and Redevelopment Commission concurs, your action is to adopt Housing and Redevelopment Commission Resolution No. 148 approving the City of Carlsbad Section 8 Housing Administrative Plan. ITEM EXPLAKATION: At their meeting of April 19, 1988 the Housing and Redevelopment Commission approved the revised Section 8 Housing Administrative Plan. In July 1988, the U.S. Department of Housing and Urban Development (HUD) gave preliminary approval to the revised Plan but required additional changes to reflect the latest Federal Policies. Changes were also made to reflect department procedures in line with Federal policy. These areas of change incorporated into the Plan are: 1. Federal Preference Policy 2. Open Application Policy 3. Smoke Alarm Policy 4. Hard to Place Families Requirement At their meeting on July 24, 1989, the Housing and Redevelopment Advisory Committee took action recommending adoption of the Plan as revised. FISCAL IMPACT: There will be no fiscal impact as a result of these changes. EXHIBITS: 1. Housing and Redevelopment Commission Resolution No. 148 2. Staff Report dated July 31, 1989 3. Administrative Plan dated June 16, 1989 RESOLUTION NO. 148 A RESOLUTION OF THE HOUSING AND REDEVEIX)PMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, FORMALLY APPROVING THE REVISED ADMINISTRATIVE PLAN OF THE CARLSBAD HOUSING AUTHORITY. WHEREAS, the Housing and Redevelopment Advisory Committee recommends approval of the revised administrative plan of the Carlsbad Housing Authority and the Housing and Redevelopment Commission concurs with that recommendation: and WHEREAS, the plan incorporates the requirements and recommendations of the U.S. Department of Housing and Urban Development. NOW, THEREFORE BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the Housing and Redevelopment Commission approves the revised Section 8 Housing Administrative Plan dated June 16, 1989. 3. That the Commission directs the Housing and Redevelopment Director to forward the aforementioned plan to BUD for approval. PASSED, APPROVED AND ADOPTED at a special meeting of g+= the Housing and Redevelopment Commission held on the 8th day of August 1989, by the following vote, to wit: AYES: Commissioners Lewis, Kulchin, Mamaux & Pettine NOES: None ABSENT: Commisioner Larson ABSTAIN: None EXHIBIT 2 STAFF REPORT DATE: JULY 31, 1989 TO: HOUSING AND REDEVFJOPMENT COMMISSION FROM: HOUSING AND REDEVELOPMENT DEPARTMENT SUBJECT: SECTION 8 HOUSING ADMINISTRATIVE PLAN On July 1988, HUD gave preliminary approval to the City of Carlsbad Housing Administrative Plan. HUD required the addition of a policy on federal preferences per July 1988 regulation. They also required policies clarifying procedures related to vouchers. The Administrative Plan has been revised to address the issues of concern to HUD as well as any new issues from recent regulations. The key policy changes in this plan are as follows: 1. FEDERAL PREFFJXENCES Federal preferences - which determine where an eligible applicant is on the waiting list. PROCESS Applicants are determined to be eligible based on income and familv definition. A family is defined two ways: as a single person who is disabled, handicapped, or over 62 years of age i or an adult(s) with children. It is I& a single young adult. Once an applicant is determined to be eligible they are placed on the appropriate bedroom size waiting list in the order of three preferences - federal preferences, local preference (Carlsbad resident), and state preference (veteran). There are three Federal Preferences: (1) Families who are involuntarily displaced by a disaster, a governmental body in connection with code enforcement or public improvement,or a landlord's action which is beyond the control of the families. SECTION 8 HOUSING ADMINISTRATION PLAN JUNE 15, 1989 PAGE 2 (2) Families who live in substandard housing. Homeless families are included in this preference. This is not a single homeless person. (3) Families who pay more than 50% of their gross income on rent and utilities. The City of Carlsbad has the option to weight these federal preferences as they wish. Staff recommends the following: Place families who pay more than 50% of their gross income on rent and utilities higher on the list than persons with the other two federal preferences. Second on the list would be persons with one of the other two federal preferences (involuntary displacement or substandard housing). The elderly make up the bulk of the present waiting list and comprise the majority of inquiry calls. The recommended preference on the waiting list should address the need of the elderly in Carlsbad. Other options for handling federal preferences and the rationale for using them are: Give an equal weight to all three federal preferences. The applicant could have any of the three to get a high ranking on the waiting list. The advantage to this option is that it does not require increased staffing time as other options might. Other housing authorities are finding any weighing of preferences are doubling staff processing time. Give a higher preference if the person has all three federal preferences, a lower preference if the family has two federal preferences, and an even lower preference if the family has only one preference. All families with no federal preference must be placed lower than a family (resident or non-resident) with a federal preference. The proposed administrative plan provides for using a federal rule which allows the housing authority to give one out of each ten certificates issued to a resident of Carlsbad who does not have a federal preference. SECTION 8 HOUSING ADMINISTRATIVE PLAN JUNE 15, 1989 PAGE 3 2. OPEN APPLICATIONS The Carlsbad Housing Authority will begin to take applications on June 13, 1989, and will maintain an open application period indefinitely. The waiting list could change as applicants may at any time claim a federal preference. This decision plus the decision to revise the language in the administrative plan llsuspension of intake of preliminary applicationsV1 precludes the authority from accepting applications from anyone special, such as persons displaced because of government action. 3. SMOKE AIARMS Federal regulations only require adherence to federal quality standards. The state requires working smoke alarms; therefore, alarms were added to the inspection requirements in the administrative plan. 4. HARD TO PLACE FAMILIES A special paragraph was added outlining assistance which will be given to hard to house families (usually very large families). LYNN BROWN :ec c: Community Development Director . - SECTION 8 EXHIBIT 3 EXISTING HOUSING ADMINISTRATIVE PLAN CITY OF CARLSBAD HOUSING AUTHORITY 2965 ROOSEVELT STREET, SUITE B MRLSBAD, CALIFORNIA 92008 (619) 434-2810 JUNE 16, 1989 - 3ECTION I: PROGRAM FUNCTIONS A. B. STATEMENT OF OVERALL APPROACH The Carlsbad Housing Authority is committed to providing rental assistance to very-low income families, the elderly, the handicapped and disabled, in order that they may obtain affordable, decent, safe and sanitary housing in the City of Carlsbad. The Carlsbad Housing Authority (CHA) is guided by the Housing Assistance Plan of the City of Carlsbad. The CHA operates as an agency within the structure of the municipal government of the City of Carlsbad. The governing body of the CHA is the Carlsbad Housing and Redevelopment Commission (CHRC), and community input is received through the Housing and Redevelopment Advisory Committee. STATEMENT OF OBJECTIVES The CHRC through the efforts of the CHA has the following objectives: 1. Provide rental assistance to eligible households by adhering to this Administrative Plan and the governing Federal/State laws and regulations. 2. Improve Carlsbad's housing stock by using as a base the HUD Housing Quality Standards (HQS) to promote more safe, decent and sanitary housing opportunities. 3. Promote the goals of Equal Housing Opportunity. 4. Maintain at least a 95 percent lease-up rate. 5. In a city, whose population is in a state of flux, promote household stability for Section 8 participants. C. HOUSING STOCK _ Historically, the housing stock in the City of Carlsbad has been predominantly single-family residences. Multi-family rental units have been confined to limited areas within the city. There exists a shortage of affordable and accessible housing for low and very-low income families and senior citizens. Presently there is a surge of activity to con- struct senior housing which will temporarily relieve the latter shortage. Also, the city is undertaking various projects, some with Federal assistance or municipal bond funding, which may increase the availability of housing for low-income households. The scarcity of three and four bedroom rental units in the city which rent at.or below the Fair Market Rent (FMR's) requires that the CHA work closely with owners and landlords in an attempt to maintain the availability of such housing. This includes advising eligible property owners of residential rehabilitation programs and other funding as it becomes available. Included in the city's housing stock are several mobilehome parks which are mostly occupied by senior citizens. SECTION II: PLANS FOR ADMINISTRATION OF PROGRAM FUNCTIONS The Housing Authority will administer the program with Housing Authority staff and will comply with the Equal Opportunity Housing Plan (EOHP) with regard to equal opportunity in housing and in the employment of staff, as detailed in the EOHP. The Housing Authority will attempt to comply with all applicable state and federal laws and regulations and administrative directives promulgated thereunder, in administering the Section 8 Rental Assistance Payments Program, and the Housing Voucher program. The Housing Authority is committed to providing rental assistance to very-low income families in compliance with current U. S. Department of Housing and Urban Development (HUD) regulations and administrative practices. A. OUTREACH TO FAMILIES In order to meet our outreach goal the CHA shall inform the public of the availability and nature of the Section 8 Housing program with news releases and advertisements in the local newspapers and information releases to the local radio and television stations. We will also distribute information to all appropriate community organizations. Enrollment by acceptance of preliminary applications normally exceeds the program's capacity to assist eligible households. In addition, special outreach programs are activated as community housing needs are identified. B. OUTREACH TO LANDLORDS AND OWNERS In order to promote participation by owners of rental units within all the geographic areas of Carlsbad, the CBA will make general announcements through the local press regarding the availability of Section 8 Program assistance, will make available informational brochures, accept unit listings from landlords, and refer eligible families to landlords. Efforts will be made to ensure that landlord or owner inquiries receive an immediate response from the CHA. To keep the supply of rental units as large as possible, a continuing effort will be made to reach owners, realtors, and managers of units outside areas of low income or minority concentration. . C. LANDLORD ELIGIBILITY Landlords are ineligible to participate in the Section 8 Certificate/Voucher program if they have units constructed under the HUD 202 funding program, or if the landlord is guilty of fraud in the Section 8 Program, as defined in the PHA contract. D. INTAKE AND SELECTION OF APPLICANTS 1. Pre-application Intake: Acceptance of Preliminary Applications will be open at all times unless a decision is made to suspend intake. The CHA will make every effort to receive and process preliminary applications in a manner which treats all applicants consistently. Preliminary applications may be requested by telephone or in person, completed at the office or other intake site, or returned by mail or in person later. All applications will be time stamped and dated as received and incorporated into the waiting list in chronological order by federal preference, local preference, and veterans preference. 2. Suspension of Intake of Preliminarv Applications: Application intake may be suspended if the waiting list, in the judgement of the CHA, is so long that additional applicants would not be able to receive a certificate during the following year. Notice of suspension will be placed in local newspapers . The Carlsbad Housing Authority will monitor the outreach activities to assure that the applicant pool per bedroom size is adequate to issue unused Certificates, including those given up by participants leaving the program and that outreach activities are reaching targeted groups such as the elderly or low-income and minority families in a cost effective way. When the intake reopens a news release and legal notice will be issued to local newspapers. 3. Eliaibilitv Determinations a. Income eligible - Applicant must meet HUD income limits. An applicant not meeting the criteria will be sent a letter allowing them ten (10) days to furnish the CHA proof that they do meet the above mentioned requirements for participation in the program. If proof is not submitted within ten 3 .- - days, then the preliminary application will be placed in the VIIneligiblelf file. b. CHA will determine whether applicants meet the definition of a household which meets Section 8 requirements. Any household is permitted to submit a preliminary application for the Section 8 programs. In order to be accepted for the waiting list, a household must meet the following reguire- ments: FAMILY-two or more persons sharing residency whose income and resources are available to meet the family's needs and who are related by blood, marriage or operation of law (or who give evidence of a stable relationship which has existed over a period of time). Elderly household, persons age 62 or over, dis- abled/handicapped by definition of the Social Security Administration. Non-related elderly, handicapped, or disabled persons may be considered an elderly household. Single persons-only single persons who are elderly (including disabled or handicapped), displaced, or a remaining member of an assisted family are eligible. 4. Applicant preference is determined A. Federal Preferences. The Carlsbad Housing Authority shall give federal preference in selecting applicants to eligible (meet family definition and are income eligible) if the family meets the federal preference definition. One family in 10 who applies can be given priority on the list even if they do not meet the federal preferences as long as they are eligible families as defined by Carlsbad Housing Authority (see 3 b) and meet the local preference. The definition of the federal preferences are: Involuntarv Displacement (A Federal Preference) The applicant has vacated the housing unit due to: (a) A disaster. For example, a flood or a fire. 4 (b) State, Federal or local activity carried out in connection with code enforcement or public improvement/development. Enforcement activities involving illegal acts such as trespassing do not qualify under this preference. (c) Action by housing owner if the reason for the owner's action is beyond the applicant's control or ability to prevent. An adult with a child living with parents could be considered involuntarily displaced if the parents want the unit for their personal use. An applicant family who is evicted for any reason is not considered displaced. A displacement because of a rent increase is not considered involuntarily displaced. An applicant family who is terminated from tenance simply because the landlord decided not to renew the lease is considered displaced. (d) Actual or threatened physical violence directed against applicant by household member. Victims of domestic violence are those (a). Who have vacated due to actual or threatened physical violence directed against the applicant or the applicants family by a spouse or other household member. (b) . Live in housing with an individual who engages in such violence. (e) To be qualified to be involuntarily displaced, the family cannot have been rehoused in standard replacement housing which is defined as housing that is decent, safe, and sanitary, that is adequate for family size and that the family is occupying pursuant to a lease agreement. Transient facilities, hotels, motels and temporary shelters are not standard replacement housing. Substandard Housinq (A Federal Preference) a. is dilapidated (does not provide safe, adequate shelter; has one or more critical defects or a combination of defects requiring considerable repair; endangers the health, safety, and well- being of family). b. does not have operable indoor plumbing. c. does not have a usable flush toilet in the unit for the exclusive use of the family. d. does not have usable bathtub or shower in unit for exclusive family use. 5 e. does not have adequate, safe electrical service. f. does not have adequate, safe source of heat. g- should, but does not, have a kitchen. h. has been declared unfit for habitation, by a government agency. Single Room Occupancy (SRO) Housing is not substandard solely because it does not contain sanitary and/or food preparation facilities. The definition of substandard housing is not restricted to units that have been condemned. Section 8 Housing Quality Standards are not appropriate indicators of substandard housing. Homeless families fall under this preference. lgFamilieslf are eligible families meeting definition of D.3.b. -A homeless family is one that: Lacks a fixed regular and adequate nighttime residence, and, has a primary nighttime residence that is supervised publicly or privately operated shelter; or an institution that provides a temporary residence for individuals intended to be institutionalized; or, a public or private place not designed for, or ordinarily used for sleeping. IlHomeless family N does not include any individual imprisoned or detained pursuant to state law or an act of Congress. Pavinu More than 50% of Income for Rent: (A Federal Preference) (Weighted more in ranking) The family pays more than 50% of cross monthly income for rent and utilities. The Carlsbad Housing Authority will use its utility allowance schedule to determine utility costs, however, the family can provide evidence of actual utility expenses. The family chooses which method is used to determine utility allowances. 6 - l'Rent" is defined as the actual amount due under a lease or occupancy agreement for a unit of reasonable size for the family. An applicant paying more than 50% of income for rent because their housing assistance for that unit was terminated as a result of their refusal to comply with program policies regarding occupancy of 11under8' or ftoverut occupied units, is not qualified for this preference. B. Local Preference Applications will be sorted into two local preference categories: A. City residents and applicants with full-time jobs in the City of Carlsbad; and B. Non-resident applicants. In order to establish residency, an applicant must reside independently within the boundaries of the city of Carlsbad for at least one month. Non-residents who are employed within the boundaries of the city of Carlsbad at a full-time job will be placed on the Resident Waiting list. c. Veteran Preference After federal and local preferences, eligible applicants will be placed on the waiting list by veteran preference in the following order of priority: a) Gold Star parents or spouse b) Service-connected Disabled Veterans or their widows. cl All other Honorable 90 days. Veterans/Service(men) (women) with Discharges and active duty in excess of d) Spouse of service person with honorable discharge or active duty in excess of 90 days. 5. WAITING LIST Applicants will be determined eligible by income and household definition. Applicants are ranked based on (1) FEDERAL preference (2) LOCAL preference (residency) and (3) VETERAN preference. 7 The the 1. 2. 3. 4. 5. 6. 7. 8. Carlsbad Housing Authority will rank for placement on waiting list by the following priority: Applicant has the federal preference of "paying more than 50% of income for rent!', has a Carlsbad residency preference, and a Veteran preference. Applicant has a federal preference (either substandard or involuntarily displaced), has a Carlsbad residence preference and a veteran preference. Applicant has a federal preference of "paying more than 50% of income for rent!!, is a non-resident, and has veteran preference. Applicant has a federal preference, is a non-resident and has veteran status. Applicant has a federal preference, is a non-resident, and has no veteran status. Applicant has no federal preference, has Carlsbad residency preference and has veteran preference. (NOTE: The PHA may move 10% of the Certificate and Voucher issuances for the year to a place above those listed in number 3 who do not qualify for federal preference status. This policy will be implemented by placing applicants chronologically by date and time of application together with local preferences. Applicant-has no federal preference, is a non-resident and has veteran preference. Applicant has no preferences. A summary of placement on waiting list by date and time received and priority ranking are: FED PREF. FED PREF CARLSBAD VETERAN 50% INCOME (OTHER) RESIDENCY PREFERENCE Yes No Yes No No No No No Yes or No Yes Yes or No Yes Yes No No No Yes Yes No No No Yes No No Yes Yes Yes Yes No Yes Yes No 8 -he CHA has developed verification forms used with applicants seeking a federal preference. The certification and verification steps are two-level: A. The applicant may request eligibility for Federal Preference status by completing a REQUEST FOR PREFERENCE STATUS form. The REQUEST FOR PREFERENCE STATUS is a self-declaration and is executed by the applicant. B. The VERIFICATION of the federal preference will be performed by the housing authority by use of SAMPLE VERIFICATION forms: 1. VERIFICATION OF INVOLUNTARY DISPLACEMENT; and 2. VERIFICATION OF SUBSTANDARD HOUSING 3. For families who ask Federal Preference for RENT PAYMENTS that exceed 50% of the FAMILY'S MONTHLY INCOME, a verification will be performed by rent receipts and/or verifications evidenced by rental agreements, letters of verification from owner or agent. The A. B. c. D. E. F. G. PHA will perform computation: Family's Monthly Gross (Unadjusted) $ x 50% = $ PHA Utility Allowance for Family Bedroom Size (Or actual utility bills furnished by family) $ Family's Monthly Rent $ Family's Total Monthly Rent: Add Lines B & C = $ Greater of Lines D or A = $ Family ( ) does ( ) does not qualify for federal rent burden preference. Date Staff Member 9 -. This verification will be conducted just prior to offering assistance. Families whose request for Federal Preference is rejected by PHA will be provided the standard steps of INFORMAL REVIEW to appeal the PHA decision. An applicant may claim qualification for a federal preference at any time while on the waiting list. All applicants will be sorted by bedroom size, and if apparently qualified, then placed on the waiting lists by bedroom size in chronological order by date and time of application. If the non-resident applicant establishes residency, the application will be moved to the resident list according to its date and time stamp. Applicants who have changes in household structure, which affect which bedroom size list the applicant is on, will also be placed on that list by using the date and time stamp. Applications will be reviewed by the CHA at least semi- annually to determine if the applicant is still interested in the Section 8 Programs. Applicants will be instructed check with the CHA at least every sixty (60) days, advise the office of changes in address, telephone, family structure, or income sources, and will be given ample opportunity to remain active on the application Waiting list. to All applicants will receive a letter acknowledging their application and giving them their category and priority. When applicant reaches the top five on the Waiting list, an interview will be scheduled by the CHA staff. The applicant will be asked to provide proof of household composition and to sign third-party income verification forms. The CHA will strictly adhere to the third-party procedures to verify income, assets, and medical/unusual expenses. No certificate or voucher will be issued until m third party verifications have been received and reviewed by the CHA, or one of the exceptions provided in Section 1I.F is used. When an applicant is found to be eligible for the Section 8 Program they will be promptly notified. Those found ineligible will be notified by letter, including an explanation of the reason for their ineligibility, and informed of their right to a review within ten (10) days of the notification. Applicants placed on the "Inactive" or "Ineligible I1 list have the right to an informal review. 10 . F. VERIFICATION OF INCOME AND DETERMINATION OF TOTAL TENANT PAYMENT All income, assets, and medical/unusual expenses will be verified by the use of third-party verifications. The applicant will be notified of their eligibility by letter and an interview for certification will be scheduled. The applicant will be required to sign an VtAuthorization to Release Information II form which will be forwarded to the providing agency with a self-addressed (CHA) stamped envelope. The only exception to this third party verific- ation procedure will be when there is: 1) Non-response by the provider, or 2) when information is unobtainable due to circumstances beyond the participants or CHA's control (fire, flood, etc...). In those instances, the CHA will verify the information by viewing check stubs, bank statements, or other pertinent information provided by the applicant, or the CHA will contact third parties by telephone or letter in an attempt to verify the information. The least desirable method of verification (except for imputed assets) will be by self- declaration. This last form of verification will be used only when all other options have been exhausted. The CHA counts all the income of every family member who is on the lease including those who are temporarily absent. The CHA defines temporarily absent as any one who leaves the family for a reason which would indicate they plan to return such as an extended trip. A permanent absence would be one where the family member does not plan to return. The CHA counts as income resular contributions from persons outside the household. The value gifts are considered if the cash value is over month. and gifts of in kind $50 per Family assets are determined in accord with HUD regulations. Assets disposed of for less than fair market value during the two years preceding examination or re-examination are counted if over $1,000. Once all income, assets, and medical/unusual expenses have been verified and the applicant is found to be eligible, the proper calculations will be completed to determine the Total Tenant Payment (TTP). For Certificates, the Total Tenant Payment will be the greater of 30% of the monthly adjusted income or 10% of the Unadjusted Monthly Income. For Vou- chers, the Total Tenant Payment will be the greater of 10% of the Unadjusted Monthly Income, or 30% of the Adjusted Monthly Income plus-the amount of rent in excess of the applicable Payment Standard for Vouchers. 11 . G. The subsidy amount for certificates is the difference between 30% of the family's adjusted income and the gross rent of the unit which cannot exceed HUD determined Fair Market Rents. The subsidy amount for vouchers is the difference between 30% of the family's adjusted income and the single payment standard. The single payment standard is broken down by unit size. The payment standard amount may not be less than 80% of the Fair Market Rent for the unit size. For mobilehome space rental assistance, a special work-sheet will be used following HUD formulas to determine the owners payment. All calculations will be verified by another member of the staff for accuracy. CERTIFICATE OR VOUCHER ISSUANCE Certificate or Vouchers that are available will be issued to the next applicant on the appropriate Waiting List by bedroom size. Neither Certificates nor Vouchers will be issued to an applicant until they have been found eligible and the Total Tenant Payment has been calculated. If an eligible applicant is offered a certificate due to the lack of an available alternative (a Voucher) and declines the certificate, the applicant will still retain their position on the Waiting List. When an appropriate Voucher becomes available that applicant will be offered the Voucher. If the Voucher is declined, then the Applicant will be placed on the Inactive list. Whenever possible, Certificates or Vouchers will be issued on an individual basis and the applicants briefed personally by a CHA staff member. The applicant will be given an information packet including: 1. Housing Discrimination Complaint Form 2. Fair Housing USA and Lead Base Paint Warning Procedures 3. Landlord Contact Sheet 4. Certificate/Voucher Instructions 5. Sample Lease and Contract 6. Request for Lease Approval (RLA) 7. Housing Quality Inspection (HQS) requirements 8. Landlord Information Brochure 9. Business Card of CHA staff member 10. Informal Hearing Procedures The applicants will be briefed in detail on the Certificate/ Voucher requirements and limitations. The applicant will be informed in writing as to any applicable deadlines for submitting documents and how to obtain an extension on time on the Certificate/Voucher if they are unable to obtain 12 . housing during the initial 60 day life of the Certificate/- Voucher. In order for the applicant to receive an extension of time on their Certificate/ Voucher they must submit a request for extension one week prior to the expiration date. This must be done by submitting a completed Landlord Contact Sheet which was provided to the applicant in the Certificate/Voucher packet at his/her briefing. This document must be presented to the CHA a minimum of seven (7) days or five (5) working days prior to the expiration date of the Certificate/Voucher along with the aforementioned request for an extension. Approval of extensions are not guaranteed and are based primarily with hard to house families. H. HOUSING QUALITY STANDARDS AND INSPECTIONS When an applicant finds a potential rental unit, the land- lord/owner will be asked to submit the Request for Lease Approval (RLA) form which was provided in the information packet given to the applicant. Upon receipt of‘the RLA, the CHA will conduct an initial inspection of the rental unit. In the case of the applicant, this unit may be either their current place of residence or an entirely different unit. A Housing Assistance Payments Contract or Lease Agreement may not be executed or renewed unless the rental unit passes the HQS inspection (HUD Form 52580). If the rental unit fails the HQS inspection, the property owner will be notified and given up to thirty (30) days to correct all the deficiencies. If the owner refuses to make the necessary repairs the applicant or tenant will be sent written notification that the unit is not acceptable for the applicant or that rental assistance will terminate within thirty (30) days for an existing Section 8 Tenant. In the latter case, the property owner will be given written notification that the Housing Assistance Payments contract will be terminated and rent payments will cease at the end of thirty (30) days. The tenant will be issued a current Certificate/Voucher in order to locate suitable housing. A tenant may relinquish, in writing to the CHA, their Certificate/Voucher and pay the total rent if they chose not to move from a unit which did not pass the HQS inspection. Annual re-inspection of units will be conducted approximately sixty (60) days prior to the recertification date of the Section 8 tenant. The CHA will assure that there are working smoke alarms in accordance with California State law. 13 _- . I. OCCUPANCY During this initial contact period between the newly Certificated applicant and the potential landlord, the CHA encourages the landlord to screen the applicant in the same manner as any other applicant the landlord would consider. The CHA considers the voluntary participation of the landlord to be basic to the Section 8 program. 1. Occupancy Standards: The CHA will apply the current occupancy units of the following indicated bedroom standards for size: BEDROOM SIZE MINIMUM PERSONS MAXIMUM PERSONS O-BR 1 1 l-BR 1 4 2-BR 2 6 3-BR 4 8 4-BR 7 10 NOTE: HQS standards allow two (2) persons per living/ sleeping room and would permit the above maximum occupancies, assuming a living room is used as a living/sleeping area. In issuing the certificate/voucher, the CHA will determine the appropriate size unit by applying the following criteria: a. b. C. d. The bedroom size assigned should not require more than two persons to occupy the same bedroom. The bedroom size assigned should not require persons of the opposite sex, other than husband and wife, to occupy the same bedroom other than infants and very young children. A couple expecting a child will be given the largest bedroom size possible when that bedroom size is available. The fact that they are expect- ing should be noted in the file with the expected delivery date. Children under the age of one year shall occupy the same bedroom as their single parent. This arrangement will continue until the child reaches the age of three years. At the recertification following the third birthday of the child, a larger certificate will be issued when available. 14 . e. Children under the age of four shall occupy the same bedroom as siblings of the opposite sex also under four. This arrangement will continue until the sixth birthday of the eldest child. At the recertification following the child's sixth birthday, a larger certificate will be issued if available. f. Given the guidelines above, Certificates/Vouchers will be issued in the largest bedroom size to which the family is entitled when available. Due to the limited number of 3-bedroom Certificates, the CHA does not allow three persons to have a 3-bedroom Certificate if they can qualify for a a-bedroom. (i.e. a mother with a teenage son and daughter would qualify for a 2- bedroom Certificate because the mother and daughter could share a bedroom). If a single parent has two older children of the opposite sex, they should be assigned a 3-bedroom Certificate. h. A maximum of ten (10) persons are allowed to have 4-bedroom certificate based on HUD standards allowing not more than two persons per living/ sleeping rooms and assuming the living room of.the unit to be used as such. 1. Single room occupancy housing will not be considered by CHA unless a significant demand has been determined by HUD. The foregoing guidelines are set forth solely for determining the bedroom size to be designated on the Certificates of Eligibility. The regulations provide that the family may rent a larger dwelling unit provided the rent to the owner plus any allowances for utilities and other services does not exceed the Fair Market Rent (FMR) for the bedroom size designated on the Certificate of Eligibility. The family may rent a smaller bedroom size unit provided the unit meets the standards of acceptability regarding living/sleeping rooms. The CHA will grant exceptions from the standards if the Housing Authority determines the exception is justified by the relationship, age, sex, health or handicap of family members or their individual circumstances. Other circumstances may include, but will not be 15 - limited to, large families who have difficulty locating large units. An exception waiver is submitted in writing to CHA. The CHA will notify the family that exceptions to the unit size standards may be granted and the circumstances under which the grant of an exception will be considered. Hard to House The CHA receives a hard to house fee from HUD to cover the cost of special assistance given to a family of three (3) or more minors in finding suitable housing. The CHA will make every effort to provide this assistance as needed. The CHA will maintain a list of large owners, conduct special outreach to realtors, and send a housing specialist to the large family's home to mitigate problems of child care and transportation. J. LEASE APPROVAL, VOUCHER AND HOUSING ASSISTANCE PAYMENTS, HAP CONTRACT EXECUTION Reasonableness of contract rent on existing units shall be determined from data maintained by the CHA. Such data shall be based on survey information obtained by the CHA-to determine that the contract rent for each unit for which a lease has been approved is reasonable in relation to rents currently being charged for comparable units in the private sector, and not in excess of rents currently being charged by the owner for comparable unassisted units. The CHA may disapprove a lease for rent that is not reasonable. Staff will certify Rent Reasonableness for each individual lease applicable to Section 8 (Existing) Housing Assistance Program and Voucher Program. Prospective landlords may be briefed on the Lease and Contract by telephone or in person. A follow-up letter is sent. If requested, a sample of the Lease, Contract, and related documents are also sent. All documents are annotated for easy reference. In summary, once a prospective landlord submits a Request for Lease Approval, the unit is reviewed for Rent Reasonableness. An HQS inspection is scheduled. The Tenant is informed at the time of the inspection if the unit passes. If the unit meets HQS, the tenant is scheduled for a lease-briefing interview. The tenant is given a complete 16 K. review of the lease provisions as well as the conditions of the Certificate/Voucher. The tenant is told of his/her financial responsibility to the property for any prorated rent amounts. All leases and contracts will be made effective on the first of the month. PAYMENTS TO OWNERS A high priority for the CHA is the issuance of the HAP portion on time and in an accurate manner. The control for HAP payments is the HAP Register. The register is updated as needed and all changes are batched for entry into the computer. Each month the updated Request for Warrants are generated and the City of Carlsbad Finance Department prepares the HAP checks and Financial Reports (as scheduled). All tenant files that are changed are routed through the HAP Register system prior to the execution of the change. All monetary changes are noted on a Request for Warrant and forwarded to the Finance Department for check issuance. Normal HAP payments are mailed on or before the first day of the month. The Finance department is responsible to indepen- dently review and audit all HAP payments on a periodic basis. L. REVIEW OF FAMILY CIRCUMSTANCES, RENTS, UTILITIES, AND HOUSING OUALITY Tenant Recertification All tenants are recertified annually. Interim recertifica- tions are made when there are family composition or income changes which may affect Certificate/Voucher bedroom size or Gross Family Contribution. An annual recertification list is prepared 16 weeks in advance of the contract renewal date. The tenant is scheduled for an initial recer- tification interview, the case is reviewed, the appropriate Information Release forms are signed by the tenant, and they are advised of the recertification interview when all the Information Release forms are returned to the CHA by the ap- propriate agencies. An HQS inspection will be conducted prior to the Amendment of the Contract. The landlord and tenant are notified immediately if there are any deficiencies in the HQS inspection. The owner has up to thirty (30) days to correct a deficiency except for an emergency situation which impacts immediate health and safety of the family. In that case the owner has twenty- four (24) hours to repair. (Also see H.) The landlord is reminded of the impending recertification by mail and of the 17 , procedures for requesting an annual increase of rent. HQS deficiencies must be corrected in order for recertification to be completed. 4 . Establ Rents Retw een Renu1~ Sche$ul ed atlo= . The TTP and Tenant Rent will remain in effect for the period between regularly scheduled reexaminations except: (1) The tenant must report all changes in the household composition. (2) The tenant m..ay report any of the following changes which would result in a decrease in the tenant's rent: Decrease in income; Increase in allowances or deductions. Decreases in the tenant portion of the rent will be effective the first day of the month following the month in which the change occurs. (3) The tenant must report any of the following factors which could result in an increase in rent: An increase in gross household income of $100 or more per month; Change in family composition (which could either provide additional income to the household or reduce the deductions and allowances which the families qualifies); Receipt of a deferred payment in a lump sum which represents the delayed start of a periodic payment such as unemployment or social security benefits. Unemployed and becomes employed. (4) Any other changes reported by tenants other than those listed in (l), (2) and (3) above will not be processed between regularly scheduled annual reexaminations. If the possibility of tenant fraud or failure to complete program obligations is encountered, the tenant will be given the opportunity to request and complete an informal hearing, If the hearing determination is that fraud or program abuse was committed, assistance to the tenant will terminate immediately. No change in assistance will take place until 18 a final decision by a hearing officer has been rendered. Simultaneously, a notice will be issued to the landlord/own- er. If the CHA has overpaid HAP payments due to a failure of the tenant to report a change in circumstances in a timely manner, the amount of the overpayment will be recovered by the CHA in one of the following ways: 1. If the overpayment is less than or equal to one month's HAP payment, the CHA may deduct the amount from the following month's HAP payment portion. 2. If the overpayment exceeds one month's HAP payment, the tenant may make monthly payments until the overpayment is recovered. If the tenant is to make payments, a record of the payments will be kept in the tenant file and by the Finance office who will administer the accounts receivable program. The tenant will be asked to sign a promissory note. No payment schedule will exceed twenty-four (24) months. No interest will be charged on the overpayment amount. The tenant has the right to appeal the overpayment recovery action. Rent and Affordability Adiustments Owners may request rent adjustments on certificates annually to offset increase in housing costs as a result of inflation. Four months prior to date CHA will advise the owner. Affordability adjustments on vouchers may be made to increase the amount of the housing assistance payment to assure continued affordability. Owners must give sixty (60) days notice of a rent increase to tenant and CHA. Increase cannot take place during first year of lease. The annual adjustment factor (per HUD publication) will used for annual rent increases. Increases will effective on or after the anniversary date of HAP contract. No increase will be approved unless requested, in writing, by owner ninety (90) days prior to effective date. Before a contract rent adjustment is approved, the unit must be found safe, decent and sanitary (meets HQS). The owner must be in compliance with the terms of the HAP contract and lease; and the unit must pass the rent reasonableness test. 19 M. I~;E~INATIoN AND FAMILY MOVES 1. Termination of Tenancy is governed by the following requirements for the Section 8 Existing Certificate/Voucher Housing Program: a. Termination of tenancy by owners in accordance with state and local laws for the following reasons: 1. Serious or repeated violations of the terms and conditions of the lease by the tenants, 2. Violations of Federal, State, or local laws which directly relate to the occupancy or use of the unit or common areas, or 3. Other good cause. Other good cause includes: 1) Not accepting an offer of a new lease, 2) A tenant history of disturbance to neighbors, destruction of property or habitat which results in damage to the unit, 3) Criminal activity by tenants involving crimes of physical violence, 4) The owner desires to use the unit for personal use (after the 1st year of the lease), or 5) A business or economic reason such as a sale of the property, renovation, or the request for a rent higher than the CHA can approve (after the 1st year of the lease). To terminate the lease the owner must give the tenant and the CHA written notice of the intent to terminate the lease, and comply with state and local laws. b. Termination of Tenancy by the Tenant The tenant may terminate the tenancy after the first year of the lease. Terminations during the first year of the lease are allowed only if the owner agrees to release the tenant from the lease, or if the lease provides for such termination with notice. The tenant must give the owner notice in compliance with the lease 20 terms. The owner's lease may not require more than sixty (60) days notice. The tenant must notify the CHA of its intention to terminate and whether or not the tenant desires assistance in another location. When a tenant vacates its unit in violation of the lease, the owner retains the housing assistance payment for the month minus the amount of the security deposit (Certificate Program) or the owner retains the housing assistance payment for the month the vacancy occurs (Voucher Program). C. HAP Contract Terminations HAP contracts may end automatically or be terminated by the CHA. Once a HAP contract is terminated no HAP payments may be made and the CHA does not earn an administrative fee. A HAP contract ends automatically if the tenant moves from the unit or the owner evicts the tenant. HAP Contracts may be terminated by the CHA for the following reasons: a. The owner is not in compliance with the terms of the HAP contact (before terminating tenancy for this reason the owner will be given an opportunity to take corrective actions), b. The owner has committed fraud, c. The CHA terminates assistance to the tenant, or d. The tenant is required to move from a unit which is either under occupied or over-crowded according to HUD-occupancy standards. If the CHA terminates the HAP contract, the CHA will give the owner and the tenant at least 30 days notice, and state in the notice the reason for the termination, the effective date, the deadline for submitting special claims, and the tenants responsibility to pay the full amount of the rent, if staying in the unit. d. The CHA may terminate assistance to the tenant for reasons including: 1. The tenant is guilty of program abuse or fraud, 2. The tenant violates their obligations under the program, 21 3. The tenant refuses to repay the CHA for amounts due under a signed agreement for special claims paid to the owner by the CHA on the tenant's behalf, or 4. The tenant's TTP is sufficient to pay the full gross rent and one year has elapsed since the CHA's last HAP payment was made. (The unit remains under HAP contract for a full year unless the tenant moves). Termination of assistance does not automatically affect the tenant's right to remain in occupancy without Section 8 assistance. The owner may offer a new lease to the tenant or continue the current lease. In cases where no subsidy is being paid because the tenant's TTP covers the gross rent and the HAP contract has not been terminated, the CHA will restart HAP payments if less than one year has elapsed since the date of the last HAP payment and the tenant notifies the housing office that their income has been reduced (or gross rent increased) to the point that the tenant's TTP no longer covers the gross rent. The CHA may issue a new Certificate/Voucher to a current participant for whom no HAP payment is being made if the tenant meets the criteria described in the preceding paragraph, and the tenant qualifies as a very low income family (or the CHA receives HUD approval to issue a new Certificate/Voucher to a lower income family). If more than one year has elapsed since the last HAP payment, the family must reapply to receive further assistance. 2. The CHA must give the owner and the tenant a 30-day written notice of termination which states the reasons for the termination, the effective date of the termination, the tenant's right to request an informal hearing, and the tenants responsibility to pay the full rent to the owner if they remain in the units. 3. Familv Moves At briefings, participants will be provided information regarding their responsibility to give the landlord and the CHA advance notice of any moves. The rental agreement includes a statement to that affect and information given to the tenant after the lease is executed reiterates this obligation. The CHA requires 22 a notice in advance by the tenant or the landlord of anticipated change in terms of the lease, or a signed statement by the landlord /tenant as to receipt of such notice. In order to request a move, tenants must follow the procedures outlined in the ItPolicy Regarding Request for Move Within Jurisdictiontt. During the first 12 months of the term of the Lease and Contract, the tenant may only request to move for good cause (i.e., health reasons, substandard conditions, discrimination, etc...). After the initial 12 months of the lease, the tenant may terminate the lease by giving notice. Owners participating in Section 8 Programs are not required to collect a security deposit, but are encouraged to do so. The maximum security deposit the owner may collect is the greater of tenant's TTP or $50 dollars (Certificate) or greater of $50 or 30% of family's monthly adjusted income (Voucher); The owner may retain the security deposit collected previously for a tenant who leases in place, even if the deposit is greater than the amount permitted by the Section 8 regulations. If the owner does not collect a security deposit, the CBA's liability for special claims is reduced by the amount the owner could have collected. N. SPECIAL CLAIMS BY OWNER The HAP contract permits the owner to bill the CBA for tenant damages-and unpaid rent not covered by the tenant's security deposit. When the tenant vacates the unit the owner must first apply the security deposit, plus any interest accrued, to the unpaid rent and damages. If the amount of the tenant's security deposit exceeds the charges, the owner must return the balance of the security deposit to the tenant in accordance with state and/or local law. If the security deposit is insufficient to cover the charges, the owner must attempt to collect any additional monies from the tenant. If the tenant fails to reimburse the owner for unpaid rent and/or damages, the owner may claim reimbursement from the CBA. The maximum CBA liability is the lesser of the amount owed to the owner or two month's contract rent minus (Certificate) or one month contract rent (Voucher) minus the security deposit the owner actually collected or could have collected. If, after the owner receives a payment from the CBA, amounts are collected from the tenant which would reduce the CBA's payment, the owner must repay the CBA. 23 Vacancy Loss Payments, as provided in the HAP contract, allows the owner to bill the CHA for vacancy losses when the family vacates in violation of the lease. An owner who evicts a tenant is also entitled to receive vacancy loss payments if the owner complies with the terminations pro- visions of the HAP contract and state and local laws. If the family vacates in accordance with the lease (i.e. gives proper notice), no vacancy loss claim can be made. To be eligible for a vacancy loss claim the owner must immediately notify the CHA of the vacancy, take all feasible actions to fill the vacancy, not reject eligible applicants except for good cause, and not be eligible for payments for the vacated unit from some other source (i.e. the tenant's security deposit, insurance, etc...). Processins Claims for Damages, Unpaid Rent and Vacancy Losses Once a unit is vacated by the tenant and a move-out inspec- tion has been conducted, an owner may submit a claim for unpaid rent, payment for a vacated unit, and/or tenant- caused damages. A claim by the owner will be reviewed for compliance with the RAP contract by at least two CHA staff members. The tenant will be given the opportunity to respond as to the validity of the claim. Documentation from the owner which should accompany the claim includes: Vacancy loss-official notification to the CHA of the vacancy and proof that the owner has taken reasonable action to fill the vacancy and has not rejected eligible applicants except for good cause. Unpaid rent and/or damages - should include proof that a security deposit was collected plus any interest accrued as required by state and/or local law. Invoices or other documentation should be presented to support the costs of repairing tenants damages. A Rent Ledger or court judgement may be used to document unpaid rent. Non-payment by the tenant may be documented with evidence of billing and non- payment. If it is found that the claim by the owner is valid, the CHA will calculate the amount due using the Special Claim worksheet, and forward for payment processing the following month. The tenant is responsible for reimbursing the CHA for any amounts paid on a damage claim. Failure by the tenant to reimburse the CHA for the damage claim may provide grounds for the denial of issuance of a new certificate to move. If the tenant has signed an agreement to pay money owed the CHA and they breach the agreement, the CHA may terminate assistance for the breach of contract. 24 Special claims by the owner under the HAP Contract must be submitted to the CHA in writing within 60 days of the date the vacancy occurred. Industry standards will be used to determine reasonable repair/replacement costs. 0. RE-ADMITTANCE TO THE HOUSING PROGRAM BY FORMERLY ASSISTED TENANTS When a tenant is found ineligible for the program because the Total Tenant Payment (TTP) exceeds the gross rent at the annual re-examination, the tenant will be removed from the program. The tenant may request a re-evaluation within twelve months of being removed from the program. If the tenant circumstances change within twelve months of being removed from the program, and they are found to be eligible for assistance, the next available Certificate/Voucher of the correct bedroom size will be issued to them. If a tenant requested termination of assistance and then requests re-admittance to the programs when less than sixty (60) days have elapsed, then the former tenant will be placed at the bottom of the Waiting List in the appropriate category. P. PORTABILITY OF CERTIFICATES/VOUCHERS A key element of the Section 8 Existing Housing Programs is that the subsidy is tied to the family not to the particular unit. The intent of both Certificates and Vouchers is to give the tenant access to the widest range of housing resources. CHA maintains interjurisdictional agreements for mobility of participants throughout San Diego County in both the Certificate and Voucher Programs. Special portability provisions exist only for the Housing Voucher program. Voucher portability will be explained in the briefing session for the Voucher holders. The CHA will allow up to 15% of its Housing Voucher holders to move to other jurisdictions. Tenants who chose to move to other jurisdictions will be restricted to one (1) move in a twelve month period. If a Housing Voucher holder from another jurisdiction moves within the jurisdiction of the CHA, the housing authority will either issue a Housing Voucher (if available) to the prospective tenant, or bill the PHA in the other jurisdiction for the applicable administrative fees, the HAP payments, and preliminary fees. The CHA would hope in the reverse circumstances that the PHA in the other jurisdiction will work with the housing staff to obtain the same type of financial assistance program cooperation. 25 Q. COMPLAINTS AND APPEALS . Complaints by tenants or owners will be directed to senior staff members of the CHA for resolution. Such staff will either advise complainant or refer them to the other resour- ces or agencies as appropriate. In accordance with HUD regulations, applicants shall be given written notice of CHA decision or actions which result in the denial of listing on the CHA Waiting List, issuance of a Certificate/Voucher, or participation in the programs. Such notice shall also state the applicant may request an informal review/hearing of the decision/ action and will instruct applicant on the procedure to obtain the review. Informal reviews/hearings shall be in conformance with procedures established by the CHA. (See Appendix C) All complaints that can be resolved without termination of assistance or adverse impact on the tenant will be resolved informally. All complaints will be verified by staff. The tenant or owner will be advised of the complaint in writing and a response requested within ten (10) days. If the complaint cannot be resolved informally, formal procedures will be used and the tenant given the opportunity to respond and/or appeal the action. (See appendix C for Appeals Procedure) R. MONITORING AND PROGRAM PERFORMANCE Program monitoring will be done by a senior member of the CHA staff. Records will be kept on the following: 1. Total Number of leases compared to Total Allocation per month, 2. Number of Certificates/Vouchers available per month, 3. Number of Lease/Contracts which are 10% over FMR per month, 4. Total number of moves within jurisdiction per month. Staff will also maintain any other statistical data which may be needed to evaluate program performance for the City of Carlsbad or HUD. 26 SECTION III: BUDGETING AND STAFFING . The CHA budget is incorporated within the budget for the City of Carlsbad. Budgetary requests are prepared within the guidelines determined by the City of Carlsbad. The City of Carlsbad hires employees who are then assigned to the CHA. The present personnel assignment is as follows: 1. Housing and Redevelopment Manager, 10% 2. Housing Program Manager, 50% 3. Housing Management Analyst 100% 4. Housing Specialist I, 100% 5. Clerk Typist I, 100% 6. Inspector 20% (Building Department) Staffing will be adjusted as needs increase or decrease. The CHA will negotiate service agreements with the City of Carlsbad to provide services to the CHA as needed. The agreement includes expenses incurred by the City for processing HAP pay- ments, professional services provided the CHA, legal services, payment of utilities, rent, and costs incurred by the City to aid in the administration of the Section 8 programs. 27 APPENDIX A . . Housing and Redeveloprent I COI'I~UNTIY DEVELUPMNT DIRECTOR 1 I 1 HOUSlN6 AND REDEVELOPHENT r---h REDEVELtlPHEii-1 Senior Hanagerent Rnalyst ] -~---r== r t!anagelent Analyst ’ Housing Specialist 1 ___“-_---__- .---. -..- ..Jri * ..-_- ~YG+Z-J 1 ___-.... _I-.-- --.-- APPENDIX B CARLSBAD HOUSING CIUTHORITY POLICY REGARDING REQUESTS TO MOVE: AND NOTICES TO HOVE 1. The family must notify the Landlord and Housing Authority IN WRITING of any intention to move, regardless of cause. If the family desires to move (or has a notice to quit) the family WILL NOTIFY the Housing Authority in writing of its intention. The written notification should contain a moving date, new address, the reason for the move and must be signed by the tenant. In NO situation will a phone call satisfy the requirement. 2. Following receipt of the letter, the Housing Authority will contact the tenant in writing whether or not the request to develop a new HAP Contract is approved the date new HAP Contract will be effective and state clearly the family’s financial responsibility for such a move. The letter will also include the need for scheduling inspections and attending a briefing move out. The letter will be issued no later than five (3) working days after receipt of moving notif ication. 3. The owner will be sent a termination of lease and contract form and letter outlining responsibilities in regard to damage claims. 4. The family will arrange the scheduling of the move-in and move-out inspections by notifying the housing division. -. . Family attends briefing, brings request for lease approval and signs lease and addendum. New owner signs new HAP Contract after unit passes move in inspection. 6. All new HAP Contracts and leases will be approved for the first of the month. Moves should be planned to meet this schedule. Otherwise the participant is responsible for any overlapping rent payments. APPENDIX C APPEALS PROCEDURES A. RIGHT TO A REVIEWlBFJiRING Applicants, Certificate/Voucher holders, owners, assisted families, or similar persons may file a request for an informal review/hearing on any CHA action having a direct and adverse effect upon them. Reviews are for applicants and hearings for participants. B. ADVERSE ACTION CHA determination which adversely and directly affect applicants, Certificate/Voucher holders, assisted families, or similar persons include, but are not limited to, the following: 1. Written notice of applicant ineligibility. 2. Denial of a request for extension of a Certificate. 3. Disapproval of a Request for Lease Approval. 4. Increase in family' contribution towards rent. 5. Termination of assistance due to failure to comply with conditions of the Certificate. 6. Payment of a Damage Claim. 7. Request by CHA for reimbursement of HAP over-payment. Informal reviews are not required for established policies and procedures. Informal hearings are not required for failed inspections, denial of Certificate extension, or other actions following CHA discretionary administrative procedures or HUD policies or procedures. C. INFORMAL BEARING RIGHTS The tenant family has the following rights: 1. To bring legal counsel at his/her own expense or any other party to hearing. 2. to review pertinent documents in the file that can be reviewed without legally infringing on any other party's right; 3. To submit any documents that will support his/her case. 4. Authorized legal counsel can review pertinent information in tenant file. . D. Other inferred rights are: 1. To be heard by an impartial Hearing Officer; 2. To be treated in a courteous and reasonable manner; 3. To clearly understand the decision leading to the adverse action. 4. To receive all notifications of decisions in writing. PROCEDURE TO REQUEST AN INFORMAL REARING 1. 2. 3. 4. A request for an informal hearing must be in writing, must specify the reasons for such a request, and must be presented to the CHA within ten (10) days of the CHAfs notice of adverse action taken by the CHA. Written notification of the time, place and date of the hearing will be forwarded to all parties concerned within ten (10) working days from receipt of a request for an informal hearing. An impartial Hearing Officer will conduct the informal hearing in the presence of the person requesting the hearing, legal counsel (optional), CHA staff, and any other person(s) who are requested to be present. The Hearing Officer shall not be a CHA staff member. The Hearing Officer will issue a written determination within fourteen (14) days from the date of the hearing to all parties concerned. The decision of the Hearing Officer is final at the local level, however the person requesting the hearing does not waive his/her right to appeal to the HUD district office or seek judicial relief. -. , . HOUSING AUTHORITY OF THE CITY OF CARLSBAD REQUEST FOR PREFERENCE STATUS INSTRUCTIONS: Please note any situation that is presentlv occurring. Our office will be required to verify your answers at the time your application is selected. SIGN AND RETURN this form to the Housing Authority Office, 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008. I HEREBY REQUEST PREFERENCE FOR LOW-RENT HOUSING/RENTAL ASSISTANCE FOR THE FOLLOWING REASON (S): (Check as many as apply to you) I live in substandard housing because of the following conditions that are not repaired or provided: A governmental agency such as the health department or city building department has declared my unit unfit to live in. I am homeless because I lack a fixed, regular nighttime residence. I have/will lose my housing because of a disaster, fire, government or redevelopment activity. I have been notified to vacate/move because the owner has taken an action that I cannot control or prevent, despite I have met all the conditions of my tenancy. (NOTE: The owner's action must be other than a rent increase or "just cause" eviction)? My spouse or a member of my household engages in actual or threatened physical violence against me or one or more members of my household. My/our household pays more than 50% of our gross monthly income for rent and utilities (does not include telephone). None of the above circumstances applies to me. I DO NOT REQUEST A PREFERENCE. I hereby certify that the above information is given voluntarily and is correct to the best of my knowledge. I understand that the answers are subject to verification by the Carlsbad Housing Authority Office. PRINT YOUR NAME SIGNATURE DATE L HOUSING AUTHORITY OF THE CITY OF CARLSBAD VERIFICATION OF 50% OF INCOME FOR RENT TO BE COMPLETED BY CfiRLSBAD HOUSING AUTHORITY ONLY (Applicant Name) (Date) (Address) (City) RENT PAYMENT COMPUTATION CI. Family's Monthly Gross (Unadjusted) B x 50% = $ B. PHA Utility Allowance for Family Bedroom Size (Or actual utility bills furnished by family) 9 C. D. Family’s Monthly Rent 9 Family's Total Monthly Rent: Add Lines B & C = B Greater of Lines D or A = B Family ( 1 does ( ) does not qualify for federal rent burden preferences. STAFF MEMBER DATE HOUSING AUTHORITY OF THE CITY OF CARLSBAD VERIFICATION OF INVOLUNTARY DISPLACEMENT PART I - jTo Be Siqned by Tenant/Apolicant 1 I hereby authorize the verification and release of the following information to the Housing Authority of the City of Carlsbad. Applicant Signature Date (Print Your Name) This information is confidential and required by federal housing regulations to determine preference status in the selection of tenant participants assisted in housing authority services. Thank you for your assistance in comoletinq this form. PART II - (To Be Completed by Carlsbad Housinq Authority): (Applicant Name) requests preference in housing services and states that he/she has been or will be involuntarily displaced and has vacated or will have to vacate his/her housing unit for one of the following reasons: (Address of Dwelling Unit) A Fire, earthquake or other disaster resulted in extensive damage or has destroyed the unit. The tenant has/must vacate due to activity conducted by governmental agency such as code enforcement, public improvements, redevelopment. An action by the landlord has resulted in the tenant having to vacate his/her unit, where: . the reason for the owner’s action is beyond the tenants ability to control or prevent. . the action occurred despite the tenant meeting all previously imposed conditions and obligations of the tenancy. . the action taken is other than rent increase or “just cause” eviction. Actually threatened physical violence directed against the tenant by one or more members of the tenant’s family by a spouse or other member of the tenant’s household; or, the tenant lives in a housing unit with such an individual who engages in such violence. Page 1 of 2 c . VERIFICATION OF INVOLUNTARY DISPLACEMENT (CONT'D) PART III - _ITo Be Completed by Landlord; Government Asencv; Social Service Asencv; Police or Peace Officer: Shelter as Apnronriate) I certify that ( ) is ( ) is not involuntarily displaced for the reasons and definitions described above. BY: (Signature) (Title and Name of Agency) (Telephone) (Date) RETURN To: Carlsbad Housing Authority, 2965 Roosevelt Street, Suite B, Carlsbad, Ca. 92008. Your prompt attention in this request is appreciated. 2 of 2 Pages HOU,C- TG AUTHORITY OF THE CITY C-CARLSBAD lt,tiIFICATION OF SUBSTANDARD hdUSING PXRT I - (To Be Siqned bv TenanWApnlicant) I hereby authorize the verification and release of the following information to the Housing Authority of the City of Carlsbad. Applicant Signature Date (Print Your Name) This information is confidential and required by federal housing regulations to determine preference status in the selection of - tenant participants assisted in housing authority services. Thank YOU for your assistance in completins this form. PART II - (To Be Completed bv Carlsbad Housing Authority) (Applicant) requests preference in housing services for the following reason(s): He/She is living in substandard housing address: City Due to the following conditions: at the following He/She does not have a fixed, regular, and adequate nishttime residence (homeless). PART III - (To Be Completed bv Landlord; Aaent for Landlord: Shelter or Desisnated Asencv/Comnanv). I certify that ( ) is ( ) is not living in substandard housing for the reasons and definitions described above. BY: (Signature) (Title and Company/Agency) (Telephone) (Date) RETURN TO: Carlsbad Housing Authority, 2965 Roosevelt St. Ste. B Carlsbad, Ca. 92008. Your prompt attention this request is appreciated.