HomeMy WebLinkAbout1990-09-18; Housing & Redevelopment Commission; 166; Revised Section 8 Administrative PlanHOUSING AND .-- I DEVELOPMENT COMMISSI ‘3 - AGENDA BILL 0 ‘a
bB# 166 TITLE: REVISED SECTION 8 ADMINISTRATIVE
ITG. g/18/90 PLAN FOR CARLSBAD HOUSING AUTHORITY
BEPT. RED
RECOMMENDED ACTION:
If Housing and Redevelopment Commission concurs, your
action is to adopt Resolution No. 175 approving the revised
Administrative Plan for the City of Carlsbad Housing
Authority subject to the final approval of the U.S.
Department of Housing and Urban Development in Los Angeles.
ITEM EXPLANATION
The Section 8 Housing Program is administered by federal
regulation and the local housing authority administrative
plan which sets policy on any discretionary areas allowed by
the federal regulations.
Periodically it is necessary to revise the Administrative
Plan to reflect changes in the federal requirements as well
as to improve the effectiveness in administering the
program.
The following major areas of change are proposed:
1. The federal government is now requiring that each
person over 6 years of age in the participant family
provide documentation of a social'security number. The
documentation provided is left to the discretion of the
Housing Authority and is outlined in the Administrative
Plan.
2. The occupancy standards have been revised to make them
clearer and more precise to prevent unequal treatment
of any family.
3. Federal Housing Quality Standards have been upgraded to
reflect the standards used by the city in our
inspections of potential leased units . HUD encourages
upgrading standards as the federal standards are very
minimal.
4. The weight of the criteria for federal preferences is
being changed. HUD defines the criteria for three
federal preferences. The local jurisdiction can weight those criteria. We had been giving heavier weight to
families paying more than 50% of their gross income on
rent and utilities. We thought this would assist
elderly applicants who make up more than a third of our
waiting list. After one year we have determined that
it has had no impact on the elderly and a detrimental
impact on the homeless or families living illegally
with several other families in a unit which is too
small. We are proposing changing the system to weight
all three federal preferences equally. Therefore, an
eligible family having any federal preference would
receive a number one priority on the waiting list.
AGENDA BILL NO. 166 PAGE 2
The Housing and Redevelopment Advisory Committee recommended
acceptance of the Administrative Plan at their meeting on
August 27, 1990. The revised Plan will be submitted to HUD-
Los Angeles for approval.
FISCAL IMPACT
None
EXHIBITS
1. Resolution No. - 175 approving the Administrative Plan to
be forwarded to HUD-LA.
2. Copy of the Administrative Plan with additions and
deletions indicated.
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HOUSING AND REDEVELOPMENT COMMISSION
RESOLUTION NO. 175
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
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 the 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
August 1990.
3. That the Commission directs the Housing and
Redevelopment Director to forward the aforementioned plan to
HUD for approval.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the Housing and Redevelopment Commission, of the City of
Carlsbad, California, held on 18th day of September', 1990,
by the following vote, to wit
AYES: Commission Members Lewis, Kulchin, Larson, Mamaux and Pettine
NOES: None
ABSENT: None
ATTEST:
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EXHIBIT 2
SECTION 8
EXISTING HOUSING
ADMINISTRATIVE PLAN
CITY OF CARLSBAD
HOUSING AUTHORITY
2965 ROOSEVELT STREET, SUITE B
CARLSBAD, CALIFORNIA 92008
(619) 434-2810
Revised
August 1990
SECTION I: PROGRAM FUNCTIONS
A. STATEMENT OF OVERALL APPROACH
The Carlsbad Housing Authority is committed to providing
rental assistance to very-low income families, the elderl:.-, the handicapped and disabled, in order that the)- ma)- obtain affordable, decent, safe and sanitary housing in the Cit;.- of
Carlsbad. The Carlsbad Housing &Authority (CH.41 is guidc:l t-.r the Housing Assistance Plan of the City of Carl::bad.
The CHA operates as an agency within the structure of the
municipal go\-ernment of the City of Carlsbad. The govern ins
body of the CHA4 is the Carlsbad Housing and Redex-elopment Commission (CHRC), and community input is received through
the Housing and Redevelopment Xdvisory Committee.
B. STATEYEVT OF OBJECTIVES
The CHRC through the efforts of the CHX has the following objectives:
1. Provide rental assistance to eligible households by
adhering to this Administrative Plan and the governing
Federal/State laks and regulations.
2. ImproL7e Carlsbad's housing stock by using as a base thfa HI;D Housing Quality Standards (HQS) to promote more safe, decent and sanitary housing opportunities. 3 . Promote the goals of Equal Housing Opportunit>-. 1. Xaintain at least a 95 percent lease-up rate. 5. In a city, tihose population is in a state of fills, promote household stability- for Section 8 parti<ii:a!t+-- .
C. HOUSING STOCK
Historically, the housing stock in the City IJf CarLstsacl 1::~
been predominantlv single-family residences. Yl.11 t :-farnil>-
rental units ha\?e been confined to limited areas r;ithin tt:<a
city. There exists a shortage of affordable alld ac.cesciL.l+~
housing for low and \.-cry-low income families arl(i ;en;'e;~' citizens. Presently- there is a surge of acti\~il:>- :o cotl- struct senior hollsing which will temporaril:: r,?lj. 1~ e t!;(
latter shortage. -Also, the citg is unriertaking x.arj 011s
projects, some with Federal assistance or municip:tl bl.$!1<1
funding, which ma>- increase the availabilit:- c:f 113ui,i11< f.1 1'
low-income hollseholds. The scarcity of three 9tlc4 krur
bedroom rental units in the cit;v zllich rcl,t at or belD\\ tiit-
Fair Market Rent (F?iR's) requires that the CH.4 rir!rl< colonel:-
with owners and landlords in an attempt to maintai;? t.l,e
availability of such housing. This includes ad\-ising
eligible property owners of residential rehabilitation
program: 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 Housin2 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 Pa:-ments Program, and the Housing l‘oucher
program.
The Hollsing Authority is committed to providing rental assistance
to x.ery-low income families in compliance with current U. S.
Department. of Housing and Urban Development (HUD) regulations and
administrative practices. 1
A. OUTREACH TO FXYILIES _____
In order to meet our outreach goal the CH.4 shall inform the public of the availability and nature of the Section 8
Housing program with news releases and advertisements in tht
local newspapers and information releases to the local radio and television stations. lie will also distribute information to all appropriate community organizations.
Enrollment by acceptance of preliminary applications
normally exceeds the program!s capacity to assist eligibtp
households . In addition, special. outreach programs are
activated as community housing needs are identified.
B. OUTREACH TO LAXDLORDS AND OWNERS
In order to promote participation by owners of rental units
within all the geographic areas of Carlsbad, the CH.4 wi 11
make general announcements through the Local press regarding the availability of Section 8 Program assistance, wi1.L mzl;e available informational brochures, accept linit 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 CH.\.
To keep the supply of rental units as large as possible, a continuing effort b-ill he made to reach owners, rcaltor.s,
and managers of units outside areas of lox income 3r minority concentration.
C. LANDLORE 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. m-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 persob, 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.
7 d. Suspension of Intake of Preliminary 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 . Tht> Carlsbad Housing Authorit) 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 1eal;inq tt-.e program and that outreach activities are reaching targeted groups such as the elderly or low-income snd minority families in a cost effeccix-e way.
When the intake reopens a news release and lt>gal notire
will be issued to local newspapers.
3. Eligibility Determinations
a. Income eligible - Applicant must meet HUD incoi:iP limits.. An applicant not meeting the criteri:i
will be sent a letter allowing them ten (l.Oi da;-s
to furnish the CHA proof that they do meet the
above mentioned requirements for participation in
the program. If proof is not submitted withi:) ten
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* days, then the preliminary application will be placed in the "Ineligible" 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 require-
ments:
F.AFlTLE7-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.
3. Applicant preference is determined
a. Federal Preferences.
The Carlsbad Housing Authority shall gii.-e federal preference in selecting applicants to eligible (meet
family definition and are income eligible) if the
family meets the federal preference definition. L- 5, i I-I g
the 10% esception rule, 10% of the certificates and vouchers initially issued in any one year period r~ill be given to applicants who are C'arlsbad residents ;Ind
do not hav-e a federal preference.
The definition of the federal preferences are:
Involuntary Displacement (A Federal Preference)
The applicant has \-acated the housing unit tl11t~ to:
(a) A disaster. For example, a flood or a fire.
(b) State, Federal or local actiT:ity carried out in
connection wrth code enforcement or public improvement/development. Enforcement activities involving illegal acts such as trespassing do not qualify under this preference.
(cl
Id)
(e)
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 incre:ise is not considered involuntarily displaced. An applicant family who is terminated from tenant>- simply because the landlord decided not to renew the lease is considered displaced.
Actual or threatened physical violence directed against applicant by household mkmber. Victims of
domestic violence are those (a). Who have va.cated
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.
To be qualified to be involuntarily displaced, th? 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 i:<
occupying pursuant to a lease agreement.
Transient facilities, hotels, motels and temp~~raz>-
shelters are not, standard replacement housi;lg.
Substandard Housing (A Federal Preference)
a. is dilapidated (does not provide safe, aciequate
shelter: has one or more critical defects or a
combination of defects requiring considerabie repair; endangers the health, safety, and well-
being of family).
b. does not has-e operable indoor plumbing
C. does not have a usable flush toilet in the unit
Remove [for the exclusive use of the family. 1
d. does not have usable bathtub or shower in unit.
Remove [for exclusive family use.]
e. does not have adequate, safe electrical ser\-ice.
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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. "Families" are eligible families meeting definition of
D.3.b. I
- A homeless family is one that:
Lacks a fixed regular and adequate nighttime
residence, and, has
a primary night time residence that is supervised publicly or privately operated shelter; or
an institution that provides a temporary residenct?
for individuals intended to be institutionalized;
or,
a public or private place not designed for, OL
ordinarily used for sleeping.
"Homeless family" does not include any indil-idual
imprisoned or detained pursuant to state law or .an ai:; of Congress.
Paying More than 50% of Income for Rent: l.4 Federcll
Preference) (Weighted more in ranking)
The family pays more than 50% of gross monthl>- income, for rent and utilities.
The Carlsbad Housing Authority will use its atilit>-
allowance schedule to determine utility costs, however,
the family can provide evidence of actual utility expenses. THIS APPLIES ONLI' TO UTILITIES OY THE CTILIT‘: SCHEDULE. The family chooses which method is used to determine utility allowances.
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"Rgnt" 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 wit
program policies regarding occupancy of "under" or "over" occupied units, is not qualified for this preference.
b. Local Preference
4pplications will be sorted into two local preference
categories:
1. City residents and applicants with jobs or
employment agreements in the City of Carlsbad; and 2. Non-resident applicants. I
In order to establish residency, an applicant must reside within the boundaries of the city of Carlsbad. Non-residents who are employed within the boundaries of
the city of Carlsbad 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:
1) Gold Star parents or spouse
2) Service-connected Disabled Veterans or their
widows.
3) All other Veterans/Service(men) (women) with Honorable Discharges and active duty in excess of 90 days.
1) Spouse of service person with honorable diszhai--qe 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 (residency1 and (3) VETERAN preference. The Carlsbad Housing Xuthority will rank for placement on
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the wairing list by the following priority:
Remove
Remove
Remove
[l. Applicant has the federal preference of "paying more than 50% of income for rent", has a Carlsbad residency
preference, and a Veteran preference.]
[21 1. Applicant has a federal preference [(either
substandard or involuntarily displaced)], has a
Carlsbad residence preference and a veteran
preference.
[3. Xpplicant has a federal preference of "paying more than
50% of income for rent", is a non-resident, and has veteran preference.]
[4] 2. Applicant has a federal preference, is a non-
resident and has veteran status.
[51 3. Applicant has a federal preferenbe, is a non- resident, and has no veteran status.
[61 1. Applicant has no federal preference, has Carlsbad
residency preference and has veteran preference.
[71 5. Applicant has no federal preference, is a non-
resident and has veteran preference.
181 6. Applicant has no preferences.
A summary of placement on waiting list by date and time received and priority ranking are:
Remove [ FED PREF. FED PREF C.ARLSB-4D 50% IXCO.hlE [(OTHER)] RESIDENCY
Remove Yes [Yes or No Yes
No Yes Yes
Yes [Yes or No NO No Yes NO No Yes NO
NO NO Yes
NO NO NO
No] X0 No
The CHA has de\-eloped yerif ication forms used w seeking a federal preference.
VETER..\N PREFERENC'J
Kes I
I-e53
Yes]
Yes
NO
Te s
Ye s
No
ith applican ts
The certification and verification steps are two-level:
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A. Thg 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 pkrformed by rent
receipts and/or verifications evidenced by rental agreements, letters of verification from owner or agent.
The PHA will perform computation:
A. Family's Monthly Gross (Unadjusted)
$ s 50% = $
B. PHA Utility .\llowance for Family Bedroom Size (Or actual utility bills furnished by farnil>-)
C. Family's ?lonthly Rent S
D. Family's Total Monthly Rent:
Add Lines B br C = $
E. Greater of Lines D or -4 = $
F. Family ( ) does ( 1 does not qualify for
federal rent burden preference.
G. Date
Staff Member
This verification will be conducted just prior to offering assistance.
Families whose request for Federal Preference is re.jected by PHA will be provided the standard steps of INFORMAL REVIEW
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to appea)l the PHA decision.
Add
Remove
Add
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 residency7, the application will be moved to the resident list according to
its date and time stamp. NEW RESIDENTS MUST PROVIDE PROOF OF RESIDENCY SUCH .\S RENT RECEIPTS, DRIVER'S LICENSE, MEDI-C.\L.
CARDS, LEASE AGREEMENTS, OR OFFICIAL SOCI,\L SECURITY
LETTERS. 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. E
Applications will be reviewed by the CH.4 at least semi-
annually to determine if the applicant is still interested
in the Section 8 Programs. [Applicants will be instructed to
check with the CHA at least every sixty (60) days]
Applicants should 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.]
All applicants will receive a letter acknowledging their application and giving them their category and priority WITHIN 10 WORKING DAY-S.
When applicant reaches the top five on the Waiting list, an
interview will be scheduled by the CH.4 staff. The applicant will be asked to provide proof of household composition :lnd
to sign third-party income verification forms. The CHX riill
strictly adhere to the third-party procedures to \-erify
income, assets, and medical/unusual expenses. NO
certificate or voucher will be issued until a& third pi-trt>-
verifications have been received and reviewed by the CH.4, or one of the exceptions provided in Section I1.E 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, ;lnd
informed of their right to a review w-ithin ten (10) days of
the notification. -Applicants placed on the "Inactil-e" cr "Ineligible" list have the right to an informal review.
E. VERIFICATION OF INCOME AND DETERMINATION OF TOT-AL TEN.4N'T
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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 "Authorization to
Release Information" 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 bv
the provider, or 2) when information is unobtainable due to
circumstances beyond the participants or CHA's control
(fire, flood, etc.. .I.
In those instances, the CHA Kill verify the information bp
viewing check stubs, bank statements, or other pertinent
information provided by the applicant, or the CHA will
contact third parties by telephone or lett&r 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.
SOCIAL SECURITY NUMBERS WITH DOCUMENTATION ARE REQUIRED
FOR ALL FAMILY ?IE?lBERS OVER 6 YEARS OF AGE.
DOCWENTATION IS A SOCIAL SECURITY CARD ISSUED BY THE
SOCIAL SECURITY .4DMINIST'RATION, A DRIVER'S LICENSE THAT
DISPLAYS THE SSK OF THE INDIVIDUAL, MEDI-CAL CARD WITH NUMBER DISPLAYED, OR OTHER FEDERAL AGENCY DOCWlENTS WHICH DISPLAY THE SSN. COPIES OF THE ABOVE DOCU!fENTS
ARE ACCEPTABLE. ANY FAMILY MEMBERS KITHOUT SOCIAL
SECURITY NUMBERS MUST SIGN CHA CERTIFICATIO5 TH.4-r THEY
HAVE SO SOCIAL SECURITY NUMBER. AT XW TI?lE THET ARE
ISSCED ‘4 NUMBER THE CHA MUST BE XOTIFIED .4?1;D DOCUMENTATION SUPPLIED.
The CHA counts all the income of every family member r\ha i:. on the lease including those x-ho are temporarily absent. The CHA defines temporarily absent as ang one who Les\.es th= family for a reason which would indicate they plan to rc?ttli't; such as an estended trip. ‘1 permanent absence r;oIuld be '.J!.c; where the family member does not plan to return.
The CH.4 counts as income regular contributions and gifts
from persons outside the household. The \-alue of irl kin:-l
gifts are considered if the cash value is over S50 per month.
Family assets are determined in accord b-ith HCD regulations. Assets disposed of for less than fair market value during the two years preceding examina\tion or re-examination ar'4
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counted*if over $1,000.
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Once all income, assets, and medical/unusual expenses ha\-e
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 ad,justed
income or 10% of the Unadjusted Monthly Income. For Vou-
chers, the Total Tenant Payment will be the greater of 10%
of the Unadjusted ?jonthly Income, or 30% of the Adjusted Yonthly Income plus-the amount of rent in excess of the
applicable Payment Standard for Vouchers. 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. I
The single payment standard is broken down by unit size.
The payment standard amount may not be less than 8.0% 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.
F. CERTIFICATE OR YOUCHER ISSUANCE
Certificate or i'ouchers that are ax;ailable xi11 be issued to
the next applicant on the appropriate waiting list by
bedroom size. Neither Certificates nor Vouszhers r;ill be
issued to an applicant until they ha\-e been found eligible and the Total Tenant Payment has been calculated. .li CERTIFICATE/VOUCHER IS XOT ISSUED IF TTP EXCEEDS F.-\IR Y;:iRiiF:T RENT. If an eligible applicant is offered a certificate du+ to the lack of an available alternative (a 1.oucher) and
declines the certificate, the applicant xi11 still retai:l
their position on the Waiting List. rihen an appropriate Voucher becomes available that applicant will be offered the
Voucher. If the SFoucher is declined, then the :-\pplicant
will be placed on the Inactive list.
THE CH.4 YAY DENY .-\D?fISSIOK TO THE PROGRM TO PA\ST SECTION 8 EXISTING HOCSIXG, XODERATE REH.\EILIT.\TION OR PUBLIC HOUSING PROGRAY PARTICIP-ANTS IF:
THEY CURRENTLY OWE RENT OR OTHER dYOCI\I:TS TO THE (.:H.4 OR
ANOTHER PHA OR THEY FAIL TO REPAY CH4 FOR SPECI;I\L CLAIMS MADE TO THE OWNER ON THE TEN.ANT'S BEHXLF FOR
UNPAID RENT, DAMAGES OR YACANCTi LOSSES.
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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 .A11 information packet including:
1. 2. 3.
4.
3.
6.
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3: 9. 10.
Housing Discrimination Complaint Form
Fair Housing USA and Lead Base Faint Warning Procedures Landlord Contact Sheet Certificate/Voucher Instructions Sample Lease and Contract Request for Lease Approval (RLAI Housing Quality Inspection (HQS) requirements
Landlord Information Brochure
Business Card of CHA staff member
Informal Hearin< 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/1'oucher if they are unable to obtain 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 d:lte. This must be done by submitting a completed Landlord C'on:act
Sheet which was provided to the applicant in the
Cer~ificate/~‘ollcher packet at his/her briefing. This document must be pI.esented to the CH-A a minimum of seven (7;
days or five (5 1 working days prior to the expiration d3te of the Certificate/Youcher along with the aforementioned request for an e>:tension. ApproL-al of extensions .ire not guaranteed and are based primarily with hard to house families.
IF A CERTIFICATE OR 1'OUCHER EXPIRES .A F.AIlILT; Y.AY RE,\P?L'k THEREBY BEGINNING THE .AFFLICATION PROCESS AG.qIS.
G. HOL'SING QCALITY ST.AND.ARDS AND INSPECTIONS
When an applicant finds a potential re!ltal unit, the lir,ci-
lord/owner will be asked to submit the Request for Le;iise
Approval (RLA) form which w-as provided in the information
packet given to the applicant. Upon receipt of the FL\, : ii+?
CH.\ will conduct an initial inspection of tile rental unit. In the case of the applicant, this unit may be either t.41:,:1- current place of .residence or an entirely different uni:.
A Housing Assistance Payments Contract .3r Lease .-\gree?nl<>r;+ may not be executed or renewed unless the rental Iunit ptisres the HQS inspection (HUD Form 525801. If the rental unit
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fails t)he 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. I
The CHA will assure that there are working smoke alarms in
accordance with California State law. CHA QUALITY STANDARDS
WHICH EXCEED HQS WILL APPLY. APPENDIX E.
Quality Control of Inspections - Random quality control
inspections will be conducted on 5% of all inspections.
Quarterly quality control inspections will be scheduled
to review inspections conducted in the previous three (3) weeks. The inspections will be conducted by a
designated person other than the person conducting the
original inspections.
H. OCCUPANCY
During this initial contact period between the newiy
Certificated applicant and the potential landlord, the fHA
encourages the landlord to screen the applicant in :he same
manner as any other applicant the landlord would consider.
The CHA considers the voluntary participation of the
landlord to be bas:c to the Section 8 program.
1. Occupancy Standards:
The CHA will apply the current cccupancy standards f,zr
units of the following indicated bedroom size:
BEDROOM SIZE MINIMUM PERS- MAXIMUM PERSONS
O-BR 1 1
I-BR 1 4
2-BR 61 6
3-BR 3 8
4-BR r71 5 10
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NOTE: HQS standards allow two (2) persons per living/ sleep-
ing 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
fol lowing criteria:
a. The bedroom size assigned should not require more
than two persons to occupy the same bedroom.
Lb. 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.]
b. THE BEDROOM SIZE ASSIGNED SHOULD NOT REQUIRE
PERSONS OF THE OPPOSITE SEX, OTHER THAN SPOUSES
AND VERY YOUNG CHILDREN, TO OCCUPY THE SAME BEDROO
M. AT AGE 5 CHILDREN OF THE OPPOSITE SEX SHOULD,
BE ASSIGNED SEPARATE BEDROOMS.
rc. 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.]
A FAMILY EXPECTING A CHILD WILL BE GIVEN
kE APPROPRIATE BEDROOM SIZE AS IF THERE IS
NO CHILD. THE FACT THAT THEY ARE EXPECTING
SHOULD BE NOTED IN THE FILE WITH THE EXPECTED
DELIVERY DATE. ThE FAMILY SHOULD THEN REPORT
THE FAMILY COMPOSITION CHANGE AND THE
CERTIFICATE SIZE SHOULD BE ADJUSTED
ACCORDINGLY.
Cd. Children under the age of one year shall occupy
the same bedroom as their single parent. Tnis
arrangement will continue unti: 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.]
d. CHILDREN SHOULD NOT SHARE A BEDROOM WITH
THEIR PARENTS. HOWEVER, A SINGLE PARENT AND A
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CH&D COULD SHARE A BEDROOY IF THE SAYE SEX
OR UNTIL THE CHILD OF THE OPPOSITE SEX
REACHES AGE 5. THE CHOICE IS LEFT TO THE
SINGLE PXRENT IF THERE IS DIFFICCLTY IX
FINDING A LARGER C;?U;IT.
Le. 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 a\-ailable.] e. U&RELATED .\DCLTS LIVING ,-\S A FA>lILT SROVLD BE TREATED .\S A FAMILY WITH ALL THE SAME OCCCPr\tiCT STANDARDS .?IPPLYING.
Remove [f Given the guidelines above, Certificates/Vouchers will be issued in the largest bedroom size to which the family is
entitled when available.]
Remove [g. 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 2-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 s.2::. they should be assigned a 3-bedroom Certifis:-xte,j
[hl f. A maximum of ten (10) persons are allorii:d t;
have d-bedroom certificate based cn iIcfr
standards allowing not more than two ;qersor-~c,
per living/ sleeping rooms and assuming tile
living room of the unit to be used as suc‘h.
[il s. Single room occupancy housing will not be
corlsidered by CHA unless a significant dclman,d
has been determined by HCD.
The foregoing guidelines are set forth solely for determining the bedroom size to be designated on the Certificates of Eligibility. The regulations pro\-ide 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 esceed the Fair, Market Rent (FYR) for the bedroom size designated 01. the Certificate of Eligibility. The family may relit c. smaller bedroom size unit provided the unit meets the
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stzndards of acceptability regarding living/sleeping rooms.
[The CH.4 will grant esceptions 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 limited to, large families who hav-e
difficulty locating large units. An exception \;ai.\-er
is s.ubmitted in writing to CHA.
The CHA riill notify the farnil)- that exceptions to :,he
unit size standards map be granted and the circumstances under rihich the grant of an exception will be considered.] THE CHA \;ILL GR-1NT EXCEPTIONS FROM THE OCCUP.4NCY STANDARD AND -ASSIGN 14 LARGER UNIT IF THE CHA
DETERMINES THE EXCEPTION IS JUSTIFIED'ON THE BASIS
OF HEALTH. MEDICAL DOCUMENTATION MUST BE PROVIDED.
A REQUEST FOR WAIVER ALONG WITH DOCUMENTATION SHOULD BE SUBMITTED IN WRITING TO THE CHA. THE CHA WILL NOTIFY THE FAMILY THAT THE EXCEPTION HAS BEEN GRANTED.
Hard to House
The CH.4 receives a hard to house fee from HLTD to co\.-er
the cost of special assistance given to a family of
three (3) or more minors in finding suitable housir!2.
The CHA will make every effort to provide this assistance as needed. The CHA will maintain a list >;f large owners, conduct special outreach to realtol>c, arrtcl send a housing specialist to the large family's horn!? ~2 mitigate problems of child care and transportation.
I. LEASE APPROVAL, VOCCHER XND HOUSINL; XSSIST.4NCE i'.-\I?fENTS , il;'i"
CONTRACT EXECUTION
Reasonableness of contract rent on existing units shall be
determined from data maintained by the CHA. Such data shli. be based on survey information obtained b;v the CH4 to determine that the contract rent for each unit for which '1
lease has been approved is reasonable in relation to rer~ts currently being charged for comparable units in the pri\':lte
sector, and not in escess of rents currently being charged by the owner for comparable unassisted units.
The CH?, may disapprove a lease for rent that is not reasonable.
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Staff w;ll certify Rent Reasonableness for each individual lease applicable to Section 8 (Existing) Housing -4ssistance 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 .4pproval, 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 schedtlled fo:,
a lease-briefing interview.] AND LEASE A.";D CONTRACT ARE
CO>lPLETED, the tenant is given a complete
re\-iew 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 fpr any prorated rent amounts.
[All leases and contracts will be made effective on the first of the month.] ALL LEXSES AND CONTRACTS WILL BE SIGNED BEFORE A HOUSING
ASSISTANCE P.4T?IENT IS M.4DE.
F'AYMENTS TO OWNERS
A high priority for the CH-4 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 t!le ;I.\f'
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 da>- of the month. MISCELLANEOUS P.AY?lENTS CAN BE ISSUED THROCGHO:.'T THE >lONTH. The Finance department is responsible to inc!ep~-.~~- dently review and audit all HAP payments on a periodic basis.
Ki. RETL'IEW OF FAMILY CIRCUWSTs4NCES, RENTS, UTILITIES, ;IND HOUSING QUALITY
Tenant Recertification
AII tenants are recertified annually. Interim recertifica-
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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 11p 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 G.) The landlord is reminded of the impending recertification by mail and of the
procedures for requesting an annual increase of rent. HQS deficiencies must be corrected in order for recertification
to be completed.
PARTICIPANTS WILL RECEIVE NOTICE OF ANY CHAKGES IN TENAXT REXT 30 DAYS BEFORE THE EFFECTIVE DATE OF THE CHANGE. A DECREASE I?*' TENANT RENT REQC'IRES NOTIFICXTIO!+ THE FOLLOlrllI?U:G llONTH FRO!4 THE DATE INFORMAT IS REPORTED, THEREFORE, THE SOTIFIC.ATIO?J KAY BE SHORTER THAN 30 DAYS.
Establishing Rents Between Regularly Scheduled Reesaminations
Interim Reexamination System. The TTP and Tenant Rent r\.ill
remain in effect for the period between regularly scheduled
reesaminations except:
(1) The tenant must report all changes in the householii composition.
(2) The tenant may 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 !iill be effective the first day of the month following the month in which the change [occurs] IS REPORTED .A\L:
PROCESSED.
(3) The tenant must report any of the fsllca-in< facz3r-j
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which could result in an increase in rent:
An increase in gross household income of SlOC or
more per month;
Change in family composition (which could either pro\-ide 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 ils unemployment or social security benefits.
Cnemployed and becomes employed.
(4) Any other changes reported by tenants other than those
listed in (11, (2) and (3) above will not be processed
between regularly scheduled annual rehxaminations.
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. I\'0 change in assistance will take place until
a final decision by a hearing officer has been rendered. Simultaneousl>-, a notice will be issued to the landlord,'own-
er.
If the CH-A has o\-erpaid HAP payments due to a failure of the
tenant to report a change in circumstances in a timel>- manner, the amount of the ox-erpayment will be recox-ered t:.p the CHA in one of the following ways:
1. If the o\-erpayment is less than or equal to one mtintl~'s
H.AP payment, the CH.4 map deduct the amount from tile
following month's H.AP pa)-ment portion.
7 d. If the os-erpayment exceeds one month's HAP pa?-ment, tile
tenant may make monthly payments until the ox-erps>-ment
is recovered.
If the tenant is to make payments, a record of the kli:?>-l\le1lts
will be kept in the tenant file and by the Finalice office who will administer the accounts receivable,program. 'r 1 I t'
tenant riill be asked to sign a promissor> note. IGo pay!n*r,t
schedule will exceed tisent>--four (24) months. ?i: 0 i n t r r t' 3 t
will be charged on the ox-erpayment amount. The tenant has
the right to appeal the o\.erpayment recover>- action.
Rent and -Affordability Ad.justments
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\ Owners f;;ay request rent adjustments on certificates annuall>-
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 HVD publication) will be
used for annual rent increases. Increases will be eff?c:i\-,>
on or after the anniversary date of H.-\P contract.
No increase h-ill be approved unless requested, in writing, by owner[ninetv r90)1 SIXTY (60) days prior to effective date.
Before a contract rent adjustment is approlred, 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.
L. TERMIN.4TION .\ND FA!lILY YOVES
1. Termination of Tenancy is governed by the follcviny requirements for the Section 8 Existing Certificate/\:oucher Housing Program:
a. Termination of tenancy by orcners in acccrdance with
state and local laws for the follor<ing reasons:
1. Serious or repeated \wialations of the terms an4 conditions of the lease by the tenants,
2. Violations of Federal, State, or local laxs riii1:!:
directly relate to the occupancy or use of the
unit or common areas, or
3, Other good cause.
Other good cause includes:
1) sot accepting an offer of a new lease,
2) X tenant history of disturbance to neighbors,
destruction of property or habitat which results
in damage to the unit,
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3 I- Criminal activity by tenants involk-ing 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 CH.4 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 terms, The o&ner's lease may not require more than sisty (60) days notice. The tenant must notify the CH\ 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 securit>- deposit
(Certificate Program) or the owner retains the housin&
assistance payment for the month the \-acancy occurs (L-oucher Program).
C. H.J,P Contract Terminations
HAP contracts may end automatically or be terminated !-I>-
the CHA. Once a HXP contract is terminated no ILiP
payments may be made and the CHA does not earn an administrative fee. A HAP contract ends a:.ltomatFclll:-
if the tenant mo\-es from the unit or the owner e:-icts the tenant. H.AP Contracts may be terminated by the t:'ti.i for the following reasons:
a. The clwner is not in compliance with the tercls of the HAP contact (before terminating tenancy for this reason the owner will be gii-en an opport,lnit>- to take correcti\-e actions),
b. The owner has committed fraud,
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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.
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,
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
CH-A'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 affe,:: the tenant's right to remain in occupancy riithout Section 8 assistance. The owner may offer a ner; 1-a:tse
to the tenant or continue the current lease. In C‘RS~S
where no subsidy is being paid because the tc?r,ant ' :; TTF
covers the gross rent and the H,IP contl*act klas r15t t,ee;. terminated, the CHX will restart 'i 1P pa:iments if less
than one year has elapsed since the date of the 1~2s~
HAP payment and the tenant notifies the housinz c;ffiE
that their income has been reduced (or gross rc>nt increased) to the point that the tenant's TTP no ior$t.r covers the gross rent.
The CHA may issue a new Certificate/Lroucher to : current participant for whom no HAP pa>-ment is beiilq made if the .tenant meets the criteria descr,ibctcl in ::31~e preceding paragraph, and the tenant qualifies as a \<~r>-
low income family (or the CH.4 receives HUD approx-al t> issue a new Certificate/Voucher to a lower irkcome family), If more than one year has elapsed since the
23
l&t 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. Fami 1 y 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 inc’ludes a statement to that affect and
information given to the tenant after the lease is
executed reiterates this obligation. The CHA requires
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 “Policy Regarding Request
for Move Within Jurisdiction”. 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, discriminaticn,
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 previcusly
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 CHA’s liability for special claims is
reduced by the amount the owner could have collected.
M. SPECIAL CLAIMS BY OWNER
The HAP contract permits the owner to bill the CHA for
tenant damages and unpaid rent not covered by the tenant’s
security deposit. When the tenant vacates the unit %he
24
owner m:st 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 CHA. The maximum CHA liability is the lesser of the amount owed to the owner or trio montll's contract rent minus (Certificate) or one month contract rent (Voucher 1 rnin1is. the security deposit the owner actually collected or could ha\e collected. If, after the owner receit-es a papment from the CH.4, amounts are collected from
the tenant which would reduce the CHA's payment, the owner
must repay the CH.-\. I
Vacancy Loss Payments, as provided in the HAP contract, allows the owner to bill the CH.4 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 oxner complies with the terminations pro-
visions of the HAP contract and state and local laws. If
the family x-acates in accordance with the lease (i.e. Six-es
proper notice), no \-acancy loss claim can be made.
To be eligible for a vacancy loss claim the owner must
immediatel? notify the CHX of the L7acancy, take all feasibi2 actions to fill the vacancy, not reject eligible applj&c::int;
except for good cause, and not be eligible for payments f:ll. the vacated unit from some other source ( i.e. the tenalit ' 1. securitv deposit, insurance, etc...).
Processing Claims for DamaGes, Unpaid Rent Rnd !‘ac ant >- Losses
Once a unit is vacated b)- the tenant and .a mox-e-out iclsi'.>(:-- tion has been conducted, an owner map submit a claim for
unpaid rent, pagruent for a \-acated unit, anJ/or ten,lr;t-
caused damages. .L\ claim by t.he owner will be rel-iewed _‘or compliance with the H.AP contract by at least two C1i.4 sl:3ff members. The tenant riill be gix-en the opportunitv to respond as to the \-ali[1ity of the cl;\im. Document atioli i‘i :;n the owner which should accompany- the claim includes:
1.acancy loss-official notification to the Cii.4 of the \a.:;.r-~e:~. and proof that the owner has taken reasonable action to fill the vacancy and has not rejected eligible applicants ei:i:t3Lj' for good cause.
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Unpaid Fent 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 or‘
repairing tenants damages. A Rent Ledger or court fdgement
may be used to document unpaid rent. Non-payment t,j' the
tenant may be documented with evidence of billing and non-
payment.
If it is found that the claim by the ok‘ner is t-alid, the YH.4
will calculate the amount due using the Owner's Claim From,
and forward for payment processing the following month. The
tenant is responsible for reimbursing the CH.4 for an>-
amounts paid on a damage claim. Failure by the tenant t,J
reimburse the CHA for the damage claim map provide ground<
for the denial of issuance of a new certificate to mol-e. If
the tenant has signed an agreement to pay money owed the CH.4
and they breach the agreement, the CHA may terminate
assistance for the breach of contract AFTEk ASSURING DUE PROCESS FOR THE TENANT krITH AN INFORtiAL HEARING.
Special claims by the owner under the HAP Contract must be
submitted to the CHA in writing within 60 days of the date
the \.-acancy occurred. Industry standards will be used to
determine reasonable repair/replacement costs.
CL.4I?lS PROCEDCRES ll?jD GUIDELINES ARE IN APPENDIX D
N. RE-AD?lITT.ANCE TO THE HOUSISG PROGRAY BY FORYERLT .\SSISTEJ TEN.ANTS
When a tenant is found ineligible for the program becaL:se
the Total Tenant Payment (TTP) exceeds the gross rent at tile
annual re-examination, the tenant will be removed from tilt:
program. The tenant may request a re-ex-aluation rcithirl
twe1L.e months of being remol-ed from the program. If thi,
tenant circumstances change h-ithin twel\-e months of bt5;11$
removed from the program, and they are found to be eliSit-,
for assistance, the next a\-ailable Certificate/L-oucher of
the correct bedroom size \iill be issued to them.
If a tenant requested termination of assistance and thtarl requests re-admittance to the programs when less than si:,t>~ (60) days have elapsed, then the former tenant will be
placed at the bottom of the Waiting List in the :~ppro;)~'i:t~~
category.
0. PORTABILITY OF CERTIFICXTES/~-OUCHERS
.4 key element of the Section 8 Existing Housing Programs i=. that the subsidy is tied to the farnil, not to the p;irtir.li? .-it'
unit. The intent of both Certificates and \'ouchers is to give the tenant access to the widest range of housing
26
.
Remove resourc:s, [CHA maintains inter.jurisdictional 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 CH.4 will allow up to
15% of its Housing iToucher holders to move to other jurisdictions. Tenants who chose to move to other jurisdictions will be restricted to one (1) mo\-e in a twelve
month period.
If a Housing i'ouoher holder from another .jurisdiction CIOVCS \+ithin the jurisdiction of the CH.4, the housing authorit)
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 H.\P payments, and preliminary fees.
Remove [The CHA would hope in the reverse circumst&ces that the PH.4 in the other jurisdiction will work with the housing staff
to obtain the same type of financial assistance program
cooperation. ]
Add ALL CERTIFICATES ARE PORTABLE TO ADJACENT METRO STATISTICAL AREAS.
P. COYPLAINTS AND APPEXLS
Complaints by tenants or owners will be directed to senior
staff members of the CH.4 for resolution. Such staff will either advise complainant or refer them to the other reso!lr- ces or agencies as appropriate. In accordance k;ith HCD regulations, applicants shall be given written notice of (‘II.4 decision or actions which result in the denial of listing 01:
the CHA Waiting List, issuance of a Certificate/l'oucher, 3 r
participation in the prog,rams. Such notice shall also st,-.:e
the applicant may request an informal review/heal.ing of ti,e
decision/ action and will instruct applicant on the
procedure to obtain the review. Informal reviexs/bearicss
shall be in conformance with procedures established by t.he
CHA. (See Appendix C1
,L\ll complaints that can be resolved k-ithout termination of assistance or adverse impact on the tenant [<ill be resell-zd informally. 411 complaints will be I-erified by staff. Thea tenant or owner will be advised of the complaint in tiriting
and a response requested within ten (10) days. If tt-;e complaint cannot be resolved informall>-, formal proceduL*e,-;
will be used and the tenant given the opportunity to ~'e <pdr-.!1 and/or appeal the action. (See appendix C for .\ppeals Procedure)
Q. !lONITORING AND PROGF.'\"l PERFOR3XNCE
27
Program-monitoring will be done by the Housing Program Manager of the CHA staff.
Records will be kept on the following:
1. Total Number of leases compared to Total .4llocation per month, 2, Number of Certificates/Vouchers available per month, 3. Number of Lease/Contracts which are 10% over F?fR 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 Cit!.
of Carlsbad or HCD.
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:
Add c remove 1. Housing and Redevelopment Director [lo%] 5%
Add & remove 2. Holising Program ?lanager,[sO%] 6C%
3. Housing ?lanagement .Analyst 100% 4. Housing Specialist I, 100% 3. Clerk Typist I, 100%
6. Inspector 20% (Building Department)
Add 7. .4CCOC'NT,\NT 15% (FIN.\NCE DEP.4RTYENT)
Staffing will be ad,justed as needs increase or decrease.
The CHA will negotiate serx-ice agreements k-ith the Cits- of Carlsbad to pro\-ide services to the CHA as needed. The agrrem+?nt
includes expenses incurred by the City for processin H;\P ;-'a:~- ments, professional serx-ices provided the CH4, leGa serxiset, payment of utilities, rent, and costs incurred b:- tile :Yit>- TV, :lit-l in the administration.of the Section 8 programs.
28
Housing and Redevelopmt
r- CITY CJJNCIL _____---_-------------
I
Housing & Redeveloprent CO1~1551On
___ _. -. _ ._.
i- C13MlUNTIY WELDPHEWT 1
JIRECTOR
APPENDIX A
.
HOUSING ;lW;VELOPIENl Housing and Redeveloprent L Advisory Comritter
-.-
I
Banagerent Analyst Housing Specialist I --L-
Cerk Typist I
..,..---- L -... -
Secretary II
APPENDIX B
CCIRLSBAD HOUSING AUTHORITY c
POLICY REGCIRDING REQUESTS TO MOVE: AND NOTICES TO MOVE
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 situat,ion will a phone call
satisfy the requirement. I
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,and4state 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 (5) 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.
5. 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.
APPENDIXC
APPEALS PROCEDURES
A. RIGRT To A REVIEW/HEARING
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
CRA determination which adversely and directly affect applicants, Certificate/Voucher holders, assisted families, or similar persons include, but are not limited to, the following: I
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 HEARING 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.
Other tiferred 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.
D. PROCEDURE To REQUEST AV!!!HEARING
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-@& days of the cHA@s 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 with&nlxnq) working days from receipt of a request for an informal hearing. I#
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.
APPENDIX D
-
-.
CLAIMS PROCEDURES
* THEAWO);;RJTOFTIIECLAMWILLBEREDUCEDBYTHEAWOUNTOF SECURITY DEPOSIT THE OWNER COULD HAVE COLLECTED FROM TENANT, WHETHERORNOT IT WAS ACTUALLY COLLECTED.
Move-out Claims Procedures
OWNER- must call the Housing Specialist within (2) days after tenant vacates unit to set up a move-out inspection. Without a move-out inspection, no claim for tenant-caused damages will be processed. The Housing Specialist will schedule the move-out inspection within seven (7) days of owner notification. The inspector will determine if the tenant is responsible for damages beyond normal wear and tear. Pictures may be taken to fully document the unit condition at move-out time.
TENANT- If the tenant wishes to attend the move-out inspection, they should call the Housing Specialist within 2 days after vacating the unit. I
WITHIN 14 DAYS after the tenant moves out, the OWNER must send itemized billing to tenant's last known address (California Civil Code 1950.5). A conv of the itemized billina must be sent simultaneously to the Housing Specialist.
OWNER must submit the claim and all documentation within 60 days after the move-out inspection. The Claim will be denied if the forms, documentation and inspections are not completed and submitted within the 60 day limit. The "Claim for Payment of HUD Security Deposit, Damages, and Compensation for Vacancy Loss" form must be signed, dated and returned to the Section 8 Office with ALL itemized receipts and/or vouchers attached (not cash register tapes) for all work done.
The Housing Specialist will schedule a claims settlement meeting, and will review the length of tenancy, as well as inspection reports and documentation of repair costs to determine the amount allowed. If the Housing Specialist settles the dispute, the tenant will be asked to sign a promissory note for the agreed amount.
All owner's claims for payment of security deposit guarantees, and compensation for vacancy losses, will be processed on the Worksheet for Computing Claims in the Existing Section 8 Program.
AFTER REPAIRS ARE MADE, the OWNER must request a verification of repairs inspection from the Housing Specialist.
If the Housing Authority is liable for a damage or vacancy loss claim, the tenant will be responsible to pay back the amounts owed.
. DAMAGECLAIWQ
The Move-outinspection reports will be documented as follows:
OK NORMAL WEAR AND TEAR OR NOT TENANT CHARGE
SLIGHTLY DIRTY MINOR CLEANING NEEDED
DIRTY CLEANING AND PAINTING‘NEEDED
VERY DIRTY HEAVY CLEANING AND REPAINTING NEEDED (CARPET)
EXTREMELY DIRTY CARPET REPLACEMENT NOT QUESTIONED (WORST POSSIBLE CONDITION)
Landlords will be reimbursed reasonable charges for repairs. When determining a "reasonable charge" for a repair, the Housing Specialist will consider the extent of work needed and the market rate cost of such work.
On an annual basis, the Housing Specialists wil'l perform a survey of the costs of repairs, painting, carpet replacement and other services. The data collected from the survey will be used to establish a list of reasonable charges for repairs.
Damage claims will only be paid for the "remaining life" of a damaged item. The following proration schedule will be utilized:
ITEM LIFE EXPECTANCY
PAINTING 3 YEARS
LINO/TILE FLOORS 4 YEARS
DRAPES/BLINDS/SHADES I- 3 YEARS
REFRIGERATOR 7-10 YEARS
CARPET 4 -7 YEARS (7 years for Seniors)
APPENDIX D
-BAD HOUSING AUTHORITY GUIDELINES m
MOVE OUT INbECTION TERMS
OK
SLIGHTLY DIRTY
- Normal wear and tear or not tenant charge
- Minor cleaning needed
DIRTY - Cleaning and painting needed
VERY DIRTY - Heavy cleaning and painting needed (carpet replacement can be allowed with documentation)
EXTREMELY DIRTY - Carpet replacement not questioned (worst possible condition)
TO HELP DETERMINE REASONABLE COSTS:
I
AVERAGE COST FOR A 2 BEDROOM 1 BATH UNIT
Painting $ 300
Cleaning (very dirty) 150
Carpet Cleaning (dirty) 65
Drape Cleaning (dirty) 40
ITEM COSTS
Stoves
Refrigerators
Drapes/shades/blinds
Carpets
Line/Tile
Screens (Damaged, Bent) 15 ea. new (ripped) 5- 10 ea. repairable
Hauling (small truck) 40 ea. truck
$ 279 - 379 (Apartment or House)
349 - 599
Three estimates required if cost exceed $50.
11 - 15 per sq. yard
16 - 20 per sq. yard
Extra dumpster 15 approx.
1
/ -
’ .
* Owner labor allowance
* Towel Bars
5- 10
4- 5
Holes in dry-wall * 50 - 75
Cabinet doors If price exceeds $50 requires 3 estimates
Cabinet drawers
Nail holes
25
0
Molding - Door Jambs 25
Doors 70 - 125
per hour with a signed written receipt
for std. 24" bars w/brackets.
for one inc. service call up to 3 for $125 approx.
Price depends on type of wood, # of sq. inches, finish and detail.
ea. plus finish
normal wear and tear for one year or more. Not allowed unless excessive.
materials plus 2-3 hours labor. If exceeds $50 reguir'e three estimates.
Inside or outside door, i;z, & casing w/pre-hung
* HOLES IN DRYWALL CAUSED BY DOOR KNOBS NOT COVERED UNLESS DOOR STOPS ARE IN PLACE.
CLAINS FOR MILDEW ON INSIDE WALIS WILL NOT BE HONORED.
PAYMENT WILL BE MADE FOR REPLZ4CEMENT OFTHESAMEGRADETHAT WAS DAMAGED: NOT UPGRADE.
HEATERS, FORCED-AIRFURNACES, DISHWASBERSANDGARBAGE DISPOSALS - NO RESPONSIBILITY UNLESS DEEMED TENANT CAUSED DAMAGES.
FILTERS FOR FORCED-AIR FDRNACES ARE TO BE CHANGED BY PROPERTY OWNERSEACH6MONTHS.
NO EXCEPTIONS WILL BE WADE EXCEPT IN CASES WHERE HOUSING NEGOTIATORHAS ALREADYSETPARAMETERS.
THEAMOUNTOFTHE CLAIMWILLBEREDUCEDBY THE ANOUNTOF SECURITY DEPOSIT THE OWNER COULD HAVE COLLECTED FROM TENANT, WHETHERORNOT IT WAS ACTUALLY COLLECTED.
THISAGENCYWILLREVIEWTHECLAIEI~TEITHETENANT- AFFIRMING OR DISPUTING IT.
*
Painting 3 years
Line/tile floors 4 years
Drapes/shades/blinds l- 3 years
Refrigerator/stove 7-10 years (Seniors - 10 years)
Carpet 4- 7 years (7 years for house and elderly units)
3
APPENDIX E
CARLSBAD HOUSING AUTHORITY HOUSING QUALITY STANDARDS
The CHA follows HUD Housing Quality Standards for housing
inspections with the following additions:
1. Units must have a working smoke alarm in accordance with
California State law.
2. Floors
Tile in bedrooms, living rooms and hallways must be
complete. Pieces or portion of tile which is missing can
cause a trip hazard and does not meet standard.
Tile in kitchens or bathrooms must be complete with no.
missing tile pieces or portions which could cause a trip
hazard or cause water damage to the sub floor.
3. Carpets
Carpets cannot be ripped, torn or loose from tack strip or
severely wrinkled enough to cause a possible trip hazard.
4. Walls and ceilings
Holes larger than nail or screw holes are not allowed.
No mold or mildew is allowed where it may cause damage to
sheetrock.
No moisture in walls or ceilings is allowed where it might
cause paint bubbling or sheetrock flaking.
5. W i ndows
Windows cannot be broken or cracked where in the inspectors
opinion it could become a hazard in opening or closing the
window.
6. Faucets must not be leaking or dripping.
7. Toilets cannot have water running constantly.
9