HomeMy WebLinkAbout1991-05-21; Housing & Redevelopment Commission; 184; Amendments to Section 8 Housing Admin. PlanHOUSING AND *-‘EDEVELOPMENT COMMIS~-‘)N - AGENDA BILL
AB# j8q JITLE~AMENDMENTS TO THE SECTION 8 HOUSING
MT& 5-2\-qI ADMINISTRATIVE PLAN
DEPT. RD.
RECOMMENDED ACTION:
Adopt Resolution No. lqo approving amendments to the Section 8
Housing Program Administrative Plan.
ITEM EXPLANATION:
As part of the administration of the Section 8 Housing Program,
the City of Carlsbad Housing and Redevelopment Commission is
required to have a U.S. Department of Housing and Urban
Development approved Administrative Plan. On September 18, 1990,
the Commission passed an updated administrative plan which was
submitted to HUD. HUD reviewed the plan and in February 1991
recommended the following changes:
1.
2.
3.
4.
5.
6.
7.
9.
3.
10.
11.
Involuntary displacement - Page 6, (c) eliminated second
sentence.
Payment standard - Page 12, Paragraph 6, added phrase after
“Fair Market Rent”
Certificate/voucher issuance - Page 13, Paragraph 1, added
sentence four.
Extensions - Page 14, clarified time limit on extensions.
Quality control of inspections - Page 15, quality control
inspections are conducted by “supervisor”.
Overpayment - Page 20, changed number 1 to read lump sum
payment instead of deducting amount from the following
month’s HAP.
Terminations and damage claims - Page 22, 25, changes were
made to clarify that tenants cannot be terminated from the
program for lack of payment to CHA for claims owed.
Total tenant payment exceeds gross rent - Page 26, Paragraph
N, changed first sentence to clarify.
Portability of certificates - Page 26, clarified that
certificate portability rules apply to vouchers moving
within same or contiguous Metropolitan Statistical Areas.
Program performance - Page 27, added three additi
reports.
onal
Appendix B, Requests and Notices to Move was revi sed.
COMMISSION AGENDA BILL NO. 184 PAGE 2
In addition, HUD recently required amendments which would address
new regulations on drug related criminal activity or violent
criminal activity as well as establishing a threshold for the
Operating Reserve.
EXHIBITS
1. Resolution No. \cic approving the Administrative Plan.
2. Copy of the Administrative Plan with changes.
3. Proposed amendments to the Administrative Plan.
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 190
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING THE ADMINISTRATIVE PLAN OF THE CARLSBAD HOUSING AUTHORITY.
WHEREAS, the City of Carlsbad is required by the
Department of Housing and Urban Development to have an
Administrative Plan for the Section 8 Housing Program; and
WHEREAS, the U.S. Department of Housing and Urban
Development reviewed the Administrative Plan and directed
the city to make several changes as well as amendments in
order to comply with federal regulations; and
WHEREAS, the-Housing and Redevelopment Advisory
Committee recommended approval of the proposed amendments at
their March 27, 1991, meeting.
NOW, THEREFORE BE IT HEREBY RESOLVED, by the Housing
and Redevelopment Commission that the proposed amendments
and changes to the Administrative Plan shall become a part ,
of the Section 8 Administrative Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the Housing and Redevelopment Commission held on 2lst day
of May, 1991, by the following vote, to wit:
AYES:
NOES :
ABSENT :
CommisGimers Lewis, Kulchin, Larson, Nygaard and
Stanton
None
None
ai rperson
4
SECTION 8
EXISTING HOUSING
ADMINISTRATIVE PLAN
CITY OF CARLSBAD
HOUSING AUTHORITY
2965 ROOSEVELT STREET, SUITE B
CARLSBAD, CALIFORNIA 92008
EXHIBIT 2
(619) 434-2810
TABLE OF CONTENTS
Section I
Program Functions..........................................2
Section II
Outreach to Families.......................................3.
Outreach to Landlords ................................... ...3
Landlord eligibility .................................... ...3
Application intake ...................................... ...4
Federal preference ...................................... ...5
Local preference ........................................ ...8
Veteran preference ........................................ .
Verifications.....................................Appendi x F
Waiting list ............................................ ...8
Income verification........................................ll
Social security numbers....................................1 2
Total tenant payment.......................................1 2
Certificate/voucher issuance...............................1 3
Briefing...................................................l3
Extensions.................................................l4
Housing Quality Standards...................Appendi x E and 14
Occupancy..................................................l5
Hard to house..............................................l7
Rent reasonableness........................................l7
Request for lease approval.................................1 7
Payments to owners.........................................1 8
Recertification............................................l8
Interim recertification....................................l9
Fraud or violate program obligation........................2 0
Overpayment................................................2 0
Rent adjustments...........................................2 0
Terminations...............................................2 1
Termination by tenant......................................2 1
Termination by CHA.........................................2 2
Moves.......................................Appendi x B and 23
Special Claims..............................Appendi x D and 24
Re-admittance to program...................................2 6
Portability................................................2 6
Complaints.................................................2 7
Appeals.....................................Appendi x C and 27
Program monitoring and reports requirements................2 7
Section III
Budgeting..................................................28
Staffing...................................................28
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 elderly,
the handicapped and disabled, in order that they may obtain
affordable, decent, safe and sanitary housing in the City of
Carl sbad. 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 govern i ng
body of the CHA is the Carlsbad Housing and Redevelopment
Commission (CHRC), and community input is received through
the Housing and Redevelopment Advisory Committee.
B. 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-famiJy 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
1 atter 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.
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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 CHA 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
1 and 1 ords , 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 ELIGIBILITJ
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
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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 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 . 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. Eligibility 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
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
requi rements. Any household is permitted to
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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:
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,
handi capped, 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. Apolicant 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. Using
the 10% exception rule, 10% of the certificates and
vouchers initially issued in any one year period will
be given to applicants who are Carlsbad residents and
do not have a federal preference.
The definition of the federal preferences are:
Involuntary DisDlacement (A Federal Preference)
The applicant has vacated the housing unit due to:
(a) A disaster. For example, a flood or a fire.
(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.
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(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. A displacement
because of a rent increase is not considered
involuntarily displaced. An applicant family who
is terminated from tenancy 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 Housing (A Federal Preference)
a.
b.
C.
d.
e.
f.
9.
h.
is dilapidated (does not provide safe, adequate
she1 ter; has one or more critical defects or a
combination of defects requiring considerable
repair; endangers the health, safety, and well-
being of family).
does not have operable indoor plumbing
does not have a usable flush toilet in the unit
does not have usable bathtub or shower in unit.
does not have adequate, safe electrical service.
does not have adequate, safe source of heat.
should, but does not, have a kitchen.
has been declared unfit for habitation, by a
government agency.
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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.
“Fami 1 ies” 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 night time 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.
“Homeless family” does not include any individual
imprisoned or detained pursuant to state law or an act
of Congress.
Paying More than 50% of Income for Rent: (A Federal
Preference) (Weighted more in ranking)
The family pays more than 50% of gross 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. This applies only to utilities on the utility
schedule. The family chooses which method is used to
determine utility allowances.
“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
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program policies regarding occupancy of “under” or
“over” occupied units, is not qualified for this
preference.
b. Local Preference
Applications 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.
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. Eligibility for veteran preference
is based on the following:
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.
4) 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.
The Carlsbad Housing Authority will rank for placement on
the waiting list by the following priority:
1. Applicant has a federal preference, has a Carlsbad
residence preference and a veteran preference.
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2.
3.
4.
5.
6.
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.
Applicant has no federal preference, is a non-resident
and has veteran preference.
Applicant has no preferences.
The 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.
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The PHA will perform computation:
A. Family’s Monthly Gross (Unadjusted)
$ x 50% = $
B. PHA Utility Allowance for Family Bedroom Size
(Or actual utility bills furnished by family)
C. Family’s Monthly Rent $
D. Family’s Total Monthly Rent:
Add Lines B & C = $
E. Greater of Lines D or A = $
F. Fami ly ( > does ( ) 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 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. new residents must provide proof of
residency such as rent receipts, driver’s license, medi-cal
cards, lease agreements, or official social 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.
Applications will be reviewed by the CHA at least semi-
annually to determine if the applicant is still interested
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in the Section 8 Programs. Applicants should advise the
office of changes in address, telephone, family structure,
or income sources.
All applicants will receive a letter acknowledging their
application and giving them their category and priority
within 10 working days.
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
i ncome, assets, and medical/unusual expenses. No
certificate or voucher will be issued until u third party
verifications have been received and reviewed by the CHA, or
one of the exceptions provided in Section 1I.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, and
informed of their right to a review within ten (IO) days of
the notification. Applicants placed on the “Inactive” or
“Ineligible” list have the right to an informal review.
E. 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 “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 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.
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Social security numbers with documentation are required
for all family members over 6 years of age.
Documentation is a social security card issued by the
social security administration, a driver’s license that
displays the SSN of the individual, medi-cal card with
number displayed, or other federal agency documents
which display the SSN. Copies of the above documents
are acceptable. Any family members without social
security numbers must sign CHA certification that they
have no social security number. At any time they are
issued a number the CHA must be notified and
documentation supplied.
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 regular contributions and gifts
from persons outside the household. The value of in kind
gifts are considered if the cash value is over $50 per
month.
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 al 1 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.
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 payment standard.
The payment standard is broken down by unit size. The
payment standard amount may not be less than 80% of the Fair
Market Rent in effect when payment standard amount is
adopted for the unit size.
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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 VOUCHER ISSUANCE
Certificate or Vouchers that are available will be issued to
the next applicant on the appropriate waiting list by
bedroom si ze. Neither Certificates nor Vouchers will be ’
issued to an applicant until they have been found eligible
and the Total Tenant Payment has been calculated. A
certificate is not issued if TTP exceeds Fair Market Rent.
A voucher is not issued if 30% of applicant’s monthly
adjusted income equals or exceeds the applicable payment
standard. 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.
The CHA may deny admission to the program to past
section 8 existing housing, moderate rehabilitation or
public housing program participants if:
They currently owe rent or other amounts to the cha or
another PHA or they fail to repay CHA for special
claims made to the owner on the tenant’s behalf for
unpaid rent, damages or vacancy losses.
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
IO. Informal Hearing Procedures
The applicants will be briefed in detail on the Certificate/
Voucher requirements and limitations. The applicant will be
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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
housing during the initial 60 day life of the Certificate/-
Voucher.
EXTENSIONS
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. Extensions are
given in one or more increments and will not exceed an
additional 60 day period.
If a certificate or voucher expires a family may reapply
thereby beginning the application process again.
G. 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.
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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. 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 the
Section 8 supervisor.
H. 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 standards for
units of the following indicated bedroom size:
BEDROOM SIZE MINIMUM PERSONS MAXIMUM PERSONS
O-BR 1 1
1 -BR 1 4
2-BR 2 6
3-BR 3 8
4-BR 5 IO
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. The bedroom size assigned should not require more
than two persons to occupy the same bedroom.
15
C
b.
C.
d.
e.
f.
The
The bedroom size assigned should not require
persons of the opposite sex, other than spouses
and very young children, to occupy the same
bed room. At age 5 children of the opposite sex
should be assigned separate bedrooms.
A family expecting a child will be given the
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.
Children should not share a bedroom with their
parents. However, a single parent and a child
could share a bedroom if the same sex or until the
child of the opposite sex reaches age 5. The
choice is left to the single parent if there is
difficulty in finding a larger unit.
Unrelated adults living as a family should be
treated as a family with all the same occupancy
standards applying.
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.
Single room occupancy housing will not be
considered by CHA unless a significant demand has
been determined by HUD.
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 occupancy
standard and assign a larger unit if the CHA determines
the exception is justified on the basis of health.
Medical documentation must be provided.
16
C
I.
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 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.
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. If the
unit meets HQS, and lease and contract are completed, the
tenant is given a complete review of the lease provisions.
The tenant is told of his/her financial responsibility to
the property for any prorated rent amounts.
All leases and contracts will be signed before a housing
assistance payment is made.
17
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. MISCELLANEOUS PAYMENTS CAN BE ISSUED THROUGHOUT
THE MONTH. The Finance department is responsible to indepen-
dently review and audit all HAP payments on a periodic
basis.
K. REVIEW OF FAMILY CIRCUMSTANCES, RENTS, UTILITIES, AND
HOUSING QUALITY
Tenant Recertification
Al 1 tenants are recertified annual ly. 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 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 changes in
tenant rent 30 days before the effective date of the
change. A decrease in tenant rent requires notification
18
the following month from the date information is
reported, therefore, the notification may be shorter
than 30 days.
Establishing Rents Between Regularly Scheduled
Reexaminations
Interim Reexamination System. 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 _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 will be
effective the first day of the month following the
month in which the change is reported and processed.
(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 wi 11 terminate
immediately. No change in assistance will take place until
19
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 .
2.
Lump sum payment.
or
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 Adjustments
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 be
used for annual rent increases. Increases will be effective
on or after the anniversary date of HAP contract.
No increase will be approved unless requested, in writing,
by owner SIXTY (60) 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
1 ease ; and the unit must pass the rent reasonableness test.
20
L. TERMINATION 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
21
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 responsibi 1 ity 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 family obligations under
the program,
3. Tenants who are in default of an executed
Repayment Agreement by missing two consecutive
22
payments must pay their outstanding balance prior
to the issuance of a certificate or voucher or
execution of a HAP contract. They will be able to
stay in their current unit under their same
contract.
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
hear i ng, 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 includes a statement to that affect and
information given to the tenant after the lease is
23
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, 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 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 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 CHA. The maximum CHA 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 CHA, amounts are collected from
the tenant which would reduce the CHA’s payment, the owner
must repay the CHA.
24
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...).
Processing 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 HAP 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 Owner’s Claim From,
and forward for payment processing the following month. The
tenant is responsible for reimbursing the CHA for any
amounts paid on a special claim. The family may enter into
and pay on a Repayment Agreement as long as s/he remains in
the same unit. If s/he wants a Certificate or Voucher to
move to another unit, s/he must repay the debt owed in full.
25
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.
CLAIMS PROCEDURES AND GUIDELINES ARE IN APPENDIX D
N. 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 and
twelve (12) months have elapsed without any HAP payment
being made on behalf of the family, 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.
0. 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. 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. There is no cap on the number of
portable voucher holders within the same state or the same
or contiguous Metropolitan Statistical Areas. 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.
26
Certificates are portable within the same state, or the same
or contiguous Metropolitan Statistical Area. There is no
cap of the number of certificates which are portable.
P. 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)
Q. MONITORING AND PROGRAM PERFORMANCE
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 Allocation per
month,
2. Number of Certificates/Vouchers available per month,
3. Number of Lease/Contracts which are 10% over FMR per
month,
4. Average gross rent, average TTP, Average HAP, and
Average monthly income (Vouchers).
5. Exceptions to the Federal Preference Rule,
27
6. Vouchers administered outside of the PHA’s jurisdiction
excluding those within the same, or a contiguous MSA.
7. Families issued certificates/vouchers who are not very
low income.
Staff will also maintain any other statistical data which
may be needed to evaluate program performance for the City
of Carlsbad or HUD.
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 Director, 5% FTE
2. Housing Program Manager, 100% FTE
3. Housing Management Analyst 100% FTE
4. Housing Specialist I, 100% FTE
5. Clerk Typist I, 100% FTE
6. Inspector 20% FTE (Building Department)
7. Accountant 10% FTE (Finance Dept.)
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.
28
APPENDIX A
Housing and RQdQvQloprmt
COHIlUNlIY DE’JELOPIKIIT DIRECTOR
1
I HOUSING ~tW~~~fjV’LOPHEH1 I
! .
1 HOUSING Senior Hanagerent Analyst
I I
flanaqcrmt Analyst Housing Specialist I
_.-..- J -5 Ckk Typist I
[...:r:fa;_.l ---
f -“..---I. Secretary II 1
e..-_---.-w-v-. -I ’
.
APPENDIX B
CARLSBAD HOUSING AUTHORITY
POLICY REGARDING REQUESTS TO MOVE; AND NOTICES TO MOVE
1. The family must notify the Landlord and the 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 if known, the reasons for the move and must be signed by
the tenant. In NO situation will a phone call satisfy the
requi rement.
2. A briefing will be scheduled and a new certificate/voucher
issued. Tenant will submit an Request for Lease Approval. The
Housing Authority will contact the tenant in writing whether the
request for lease approval is approved, the date the new HAP
contract will be effective and will schedule a HQS inspection.
The CHA will make it clear to the family that the family is
financially responsible for the move.
3. The owner will be sent a termination of lease and contract
form and letter outlining responsibilities in regard to damage
claims.
4. The tenant and owner sign lease and the new owner signs the
HAP Contract. Effective date is after it has been determined the
unit meets HQS standards.
5. The CHA cannot pay Housing Assistance Payments on two units.
Tenants may be responsible for any overlapping rent payments.
APPENDIX C
APPEALS PROCEDURES
A. RIGHT TO A REVIEW/HEARING
Applicants, Certificate/Voucher holders, owners, assisted
fami 1 ies, 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 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 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.
D. PROCEDURE TO REQUEST AN INFORMAL HEARING
1. 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 fifteen (15) 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
within fifteen (15) working days from receipt of a
request for an informal hearing.
2. 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 sha 11 not be a CHA staff member.
3. The Hearing Off icer will issue a written determination
within fourteen (14) days from the date of the hearing
to all parties concerned.
4. 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 .-
CIAIMB PROCEDURES
* TBEAMOUNTOFTIIECLAIMWILLBEREWJCEDBYTHEAEIOUNTOF SECURITY DEPOSIT THE OWNER COULD HAVE COLLECTED FROM TENANT, WHETHERORNOT ITWAS 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. /
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 CODY 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 LOSSES 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 AHE MADE, the OWNHB 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.
DAMAGE CLAIMS
The Move-out inspection 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 wiY1 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:
nE!!l LIFE EXPECTANCY
PAINTING 3 YEARS
LINO/TILE FLOORS 4 YEARS
DRAPES/BLINDS/SHADES l- 3 YEARS
REFRIGERATOR 7-10 YEARS
CARPET 4 -7 YEARS (7 years for Seniors)
_-
CARLSRAD HOUSING ADTHORITY GUIDELINES FOR SECTION 8 CLAIMS
MOVE OUT INSPECTION TERMS
OK - Normal wear and tear or not tenant charge
SLIGHTLY DIRTY - 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)
ETERMINE REASONABLE CO To HE LPD STS :
/
A JT
Painting $ 300
Cleaning (very dirty) 150
Carpet Cleaning (dirty)
Drape Cleaning (dirty)
65
40
ITEM COSTS
Stoves
Refrigerators
Drapes/shades/blinds
Carpets
Line/Tile
Screens (Damaged, Bent) (ripped)
li - 15 per sq. yard
16 - 20 per sq. yard
15 ea. new 5- 10 ea. repairable
Hauling (small truck) 40
Extra dumpster 15
$ 279 - 379 (Apartment or House)
349 - 599
Three estimates required if cost exceed $50.
ea. truck
approx.
1
Owner labor allowance
Towel Bars
Holes in dry-wall
Cabinet doors Price depends on type of If price exceeds $50 wood, # of sq. inches, requires 3 estimates finish and detail.
Cabinet drawers 25 ea. plus finish
Nail holes 0 normal wear and tear for one year or more. Not allowed unless excessive.
Molding - Door Jambs
Doors
5- 10 per hour with a signed written receipt
4- 5 for std. 24" bars w/brackets.
* 50 - 75 for one inc. service call up to 3 for $125 approx.
25 materials plus 2-3 hours labor. If exceeds $50 reguirk three estimates.
70 - 125 Inside or outside door, jamb, & casing w/pre-hung door
HOLES IN DRYWALL CAUSED BY DOOR KNOBS NOT COVERED UNLESS DOOR STOPS ARE IN PLACE.
CLAIWS FOR WILDEW ON INSIDE WALLS WILL NOT BE HONORED.
PA-WILLBEMADE FORREPLACEMENT OFTHE SAME GRADE THAT WAS DAMAGED: NOT UPGRADE.
HEATERS, FORCED-AIR FURNACES, DISHWASHERS AND GARBAGE DISPOSAIS - NO RESPONSIBILITY UNLESS DEEMED TENANT CAUSED DAMAGES.
FILTERS FOR FORCED-AIR FURNACES ARE TO BE CHANGED BY PROPERTY OWRERSEACR6MORTES.
NO EXCEPTIONS WILL BE WADE EXCEPT IN CASES WRERE HOUSING NEGGTIATORHAS ALREADYSETPARAWETERS.
THE AWOUWT OF TRE CLAIM WILL BE REDUCED BY THE AMOUNT OF SECURITY DEPOSIT TRE OWNER COULD RAVE COLLECTED FROM TENANT, WHETHER OR NOT IT WAS ACTUALLY COLLECTED.
THIS AGENCYWILLREVIEWTHE CLAIMWITHTHE TENANT - AFFIRWING OR DISPUTING IT.
2
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
0 .-
I APPENOIX E
CARLSBAO HOUSING AUTHORITY HOUSINQ QUALITY STANOARDS
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. Windows
Windows cannot be broken or cracked where in the inspectors
opinion it could become a tiazard in opening or closing tha
window. .
6. Faucets must not be’leaking or dripping.
7. Toilets,cannot have water running constantly.
9
rec;ervw
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..a .
3 -_ be 1
- APPENDIX F -
. HOUSING AUTHORITY OF THE CITY OF CARLSBAD
VERIFICtATION OF INVOLUNTARY DISPLACEMENT
PFIRT I - jTo Be Siqned by Tenant/Rpplicant)
I hereby authorire 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 completina this form.
PART II - (To Be Completed by Carlsbad Housina Authority):
(Applicant Name) requests preference. rin
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
y 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
VERIFICATION OF INVOLUNTARY DISPLACEMENT (CONT'D)
PART III - (To Be Completed bv Landlord: Government Asencv: Social Service Aaencv: Police or Peace Officer: Shelter as Appropriate)
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
HOUSdG AUTHORITY OF THE CITY Or CARLSBAD VERIFICATION OF SUBSTANDARD HOUSING
PART I - (To Be Sianed bv TenanWAnnlicant)
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 comnletina this form.
PART II - (To Be Completed bv Carlsbad Housins Authoritv)
(Applicant) requests preference in housing services for the following reason(s):
He/She is living in substandard housing at the following ; address: city Due to the following conditions:
He/She does not have a fixed, regular, and adequate nishttime residence (homeless).
PART III - (To Be Comnleted bv Landlord: Agent for Landlord: Shelter or Desisnated Aaencv/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.
EXHIBIT
l
. -8 TO SECTIOM 8 ADMIIYISTRATIVB PLAN
1. Amendment to L.l.d.2. (page 23)
Family must not engage in drug-related criminal activity or violent criminal activity, including criminal activity by any Family member.
2. Amendment to Section III, Budget and Staffing
Operating Reserve
The Operating Reserve must be used to pay Section 8 administrative costs that exceed earned administrative fees. The CHA will maintain an amount equal to 5% of the grant in the account for this purpose.
The Operating Reserve may be expended for other housing purposes consistent with PHA authority under State and local law. An amount equivalent to 10% of the grant may be maintained in the account for other housing purposes. This may be expended without prior approval of the Board of Commissioners. Any Operating Reserve expenditures which exceed this threshold must be approved by the Board of Commissioners. The Commission must make an affirmative determination that the expenditures are necessary,and reasonable for other housing purposes consistent with PHA authority under State and local law.
March 1991