HomeMy WebLinkAbout1993-09-07; Housing & Redevelopment Commission; 238; Submit a Revised Section 8 Administrative Plan/ ’
.- .‘.,
HOUSING AND REDEVELOPMENT COMMrSSION 1 AGENDA BILL@&?
AB# 8-& 3 8 - s’;,i’J-.;-: +- A-?-, . T,TL&i
MTG. q-q- 93 AUTHORIZE THE HOUSING AUTHORITY TO
SUBMIT A REVISED SECT!ON 8 ADMINISTRATIVE C’TY ATTY.
DEPT. HSG & RED PLAN TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.,
RECOMMENDED ACTION: ~, . .
Adopt Housing and Redevelopment Commission Resolution No.235 APPROVING submission of the
revised Section 8 Administrative Plan to the Department of Housing and Urban Development.
ITEM EXPLANATION:
. . The Section 8..Rental Assistance Program is governed by Federal Regulations and the Housing
Authority’s Administrative Plan. The purpose of the Administrative Plan is to establish policies
for items which‘.are not covered by Federal Regulations and/or discretionary areas allowed by
the Regulations. This Plan is a refinement of the Federal Regulations to allow input from the
Housing Authority in the administration of the Section 8 Program. It is an essential and required
document for all Housing Authorities.
Periodically it is necessary to revise the Administrative Plan in order to:
0 reflect changes in Federal Regulations;
0 reflect local discretionary decisions; and
0 ensure the effective administration of the program.
Maior areas of proposed chanaes
l Added language regarding zero drug tolerance and violent criminal behavior
0 Local priority for residents of mobile home parks
0 No interim income reporting requirements
0 Establish 19 vouchers for homeless families who contract with social service agencies
for supportive services
a Inspection checklist adds anti-graffiti language and determination of safe/unsafe
environment
FISCAL IMPACT:
None with this action. However, if approved, the Administrative Plan will govern the
expenditures of approximately $3 million received annually for rental assistance and supportive
services.
EXHIBITS:
1.
2.
Housing and Redevelopment Commission Resolution No. t& approving submission of a
revised Section 8 Administrative Plan to the Department of Housing and Urban
Development
Revised Section 8 Administrative Plan.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
la
19
20
21
22
23
24
25
26
27
28
HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 235
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION APPROVING THE SUBMITTAL OF A REVISED
SECTION 8 ADMINISTRATIVE PLANT0 THEDEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Housing and Redevelopment Commission of the City of
Carlsbad, California (“PHA”) approves the submittal of the revised Section 8
Administrative Plan to the Department of Housing and Urban Development.
WHEREAS, the City of Carlsbad is committed to continuing to provide
low-income housing in the City as it outlined in the Housing Element of the General Plan
and in the Comprehensive Housing Affordability Strategy (CHAS), a five year plan to
increase assisted housing which is required by HUD.
NOW, THEREFORE BE IT HEREBY RESOLVED by the PHA as
follows:
1.
2.
3.
. . . .
. . . .
. . . .
. . . .
The above recitations are true and correct.
The Housing and Redevelopment Commission approves submittal of the Revised
Section 8 Administrative Plan to the Department of Housing and Urban
Development.
The Housing and Redevelopment Commission hereby approves the Housing and
Redevelopment Director to execute documents required for the submittal of said
Plan.
. .
1
2
3
4
5
10
11
12
1;
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a special meeting
of the Housing and Redevelopment Commission of the City of Carlsbad, California,, held
on the 7th day of SEPTEMBER , 1993, by the following vote, to wit: .
AYES: Commissioners Lewis, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: Commissioner Stanton
ABSTAIN: None
A'ITEST:
(SEAL)
CITY OF CARLSBAD
HOUSING AUTHORITY
ADMINISTRATIVE PLAN
FOR
THE SECTION 8 HOUSING ASSISTANCE
PAYMENTS PROGRAMS
Certificates
Housing Vouchers
Revised August 1993
.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
TABLE OF CONTENTS
INTRODUCTION
GLOSSARY OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
ORGANIZATIONAL STRUCTURE . . . . . . . . . . . . . . . . . . . . . . . . . Page 6
ELIGIBILITY FOR ADMISSION. . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
OCCUPANCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page15
LEASING FUNCTIONS . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . Page 19
INSPECTIONS AND RENT REASONABLENESS . . . . . . . . . . . . . . . . Page 21
Housing Quality Standards
Rent Reasonableness/Fair Market Rents
ANNUAL OCCUPANCY CYCLES . . . . . . . . . . . . . . . . . . . . . . . . . Page 27
Annual Recertification
Owner Rent Adjustments,
Interim Reexaminations
Special Reexamination
Changes to Family Composition After Initial Occupancy
Permanently Absent Family Members
Income of Confined Family Members
Termination of the Lease/Contract
Moves
Transfer Policies
Utility Allowance Schedule
Payments to Owners
Counseling Services
Program Abuse
CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33
Move-Out Claims Procedure
Damage Claims
Vacancy Loss Compensation
Damage Claims for Shared Housing
IX. DENIAL OF ELIGIBILITY/HEARING PROCESS . . . . . . . . . . . . . . . . Page 37
Termination of Participation from Program
Informal Hearing Process
Informal Review Process
X. HOUSING VOUCHER PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . Page 43
Payment Standard Adjustments
Rent Reasonableness
Security Deposit
Portability
XI. OTHER PROGRAMS AND ASSISTANCE. . . . . . . . . . . . . . . . . . . . . Page 47
Homeless Voucher Program
Single Room Occupancy
August&1993
INTRODUCTION
The Section 8 Program was created by the Housing and Community Development Act of 1974 and
amended by the Housing and Community Development Act of 1981, the Housing and Urban-Rural
Recovery Act of 1983, the Technical Amendments Act of 1984 and the Housing and Community
Development Act of 1987.
Administration of the Housing Programs and the functions and responsibilities of the Carlsbad
Housing Authority (CHA) staff shall be in compliance with the Personnel Policy of the City of
Carlsbad, the Equal Opportunity Plan and the Section 8 Existing Operations/Procedures Manual. All
Federal, State and local housing laws will be followed and the Housing Authority will comply with
Fair Housing Regulations.
The purpose of the Administrative Plan is to establish policies for items which are not covered under
Federal Regulations for the Section 8 Existing Housing Assistance Payments Certificate and Housing
Voucher Programs. The Carlsbad Housing Authority is responsible for complying with all
subsequent changes in HUD regulations pertaining to these programs. If such changes conflict with this Plan, HUD regulations will have precedence.
The Housing Authority administers the following Section 8 Programs:
Section 8 Certificate Promam
The concept in the Certificate Program is that the families pay 30% of their adjusted income for rent
(less an allowance to help defray utility costs) and the Housing Authority makes up the difference
between this amount and what the owner charges for rent.
There are several conditions which must be met before a family can rent:
1. The unit must meet Housing Quality Standards (HQS) established by HUD which are minimal
but ensure that the Housing Authority is not subsidizing substandard units;
2. The contract rent for the unit (what the owner wants for rent) must not exceed the Fair Market
Rent established by HUD for that market area; and
3. The owner must agree to sign a Housing Assistance Payments Contract with the Housing
Authority, which spells out the requirements the owner must follow.
August 2,1993
Section 8 Housixw Voucher Propram
The concept in the Housing Voucher Program is that the Housing Authority’s subsidy amount is fixed
by applying a formula and the family pays the difference between that subsidy amount and what the
owner wants for rent.
The unit must still meet Housing Quality Standards and the owner must agree to sign a Housing
Assistance Payment Contract with the Housing Authority, but there is no limit to the rent. Therefore,
the family could pay more or less than 30% of their income for rent, depending on the rent the owner
charged for the unit they want.
Both programs are seen as providing flexibility for families because the family gets to choose where
they live in the community.
ROLES AND RESPONSIBILITIES OF KEY PROGRAM PLAYERS
OVERVIEW
0 In order to administer the Section 8 Rental Assistance Program, the Carlsbad Housing
Authority (CHA) enters into contractual relationships with three (3) parties: the Department of
Housing and Urban Development (HUD), the owner and the family.
0 The roles and responsibilities of HUD, the CHA, the owner and the family are defined in the
Federal Regulations and in the legal documents which the parties execute in order to
participate in the program.
a The illustration at the end of these introductory pages shows the relationships that exist at the
federal and local level and the legal documents that define these relationships.
THE ROLE OF HUD
0 HUD has four (4) major responsibilities:
Develop policy, regulation handbooks, notices and other guidance which interpret
housing legislation.
Allocate housing assistance funds.
Provide technical assistance and training to Public Housing Authorities (PHAs).
Monitor Public Housing Authority (PHA) compliance with program requirements and
production goals.
August 2,1993
THE ROLE OF THE OWNER
0 The owner has the following major responsibilities:
Tenant selection and leasing.
Compliance with the Housing Assistance Payments (HAP) Contract and the Lease
Agreement.
Normal landlord functions during the lease term (e.g., maintenance, rent collection).
0 Owner responsibilities are defined in the HAP Contract, the Lease Agreement and 24 CFR
Part 882.
THE ROLE OF THE FAMILY
0 The family:
Provides income and family information needed to permit the PHA to verify and certify
eligibility and calculate rent.
Searches for housing.
Pays tenant portion of the rent and adheres to lease requirements.
Cooperates with the PHA in annual inspections and reexaminations.
0 Family obligations are defined in the Certificate of Family Participation, in the Lease
Agreement and in 24 CFR Part 882.
August 2,1993
CITY OF CARLSBAD
Section 8 Rental Assistance Program
CHAPTER I
GLOSSARY OF TERMS
IN SUBSIDIZED HOUSING
ANNUAL CONTRIBUTIONS CONTRACT (ACC). A written agreement between HUD and a
Contract Administrator to provide annual contributions to cover housing assistance payments and
other expenses pursuant to the Act. If there is a State Agency administered Section 8 Program, for
example, there is usually an ACC between the State Agency and HUD.
ANNUAL INCOME. The anticipated total annual income of an eligible family from all sources for
the 12-month period following the date of determination of income, computed in accordance with the
regulations.
“AS-PAID” STATES. States where the welfare agency adjusts the shelter and utility component of
the welfare grant in accordance with actual housing costs.
ASSETS. (See Net Family Assets.)
ASSISTED .TENANT. A tenant who pays less than the market rent as defined in the regulations.
CERTIFICATE OF FAMILY PARfiCIPATION. A Certificate issued by the PHA under the
Section 8 Existing Program, declaring a family to be eligible for participation in this program and
stating the terms and conditions for such participation.
CHILD CARE EXPENSES. Amounts paid by the family for the care of minors under 13 years of
age where such care is necessary to enable a family member to be employed or for an adult to further
their education.
CONTRACT. (See Housing Assistance Payments Contract.)
CONTRACT RENT. The rent HUD (or the Contract Administrator) authorizes an owner to collect
for a unit occupied by a family receiving assistance. The rent may be paid by the tenant, HUD, or
both.
In the Section 8 Certificate Program, Contract rent is the total rent paid to the owner, including the
tenant payment and the HAP payment from the PHA.
DEPENDENT. A member of the family household (excluding foster children) other than the family
head or spouse, who is under 18 years of age or is a Disabled Person or Handicapped Person, or is a
full-time student 18 years of age or over.
August 2.1993 Page 1
DISABLED PERSON. “Disabled Person” means a person who is under a disability as defined in
Section 223 of the Social Security Act (42 U.S.C. 423) or in Section 42 U.S.C. 6001(7).
DISPLACED PERSON. “Displaced Person” means a person displaced by governmental action or a
person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or
otherwise formally recognized pursuant to Federal Disaster Relief laws.
ELDERLY HOUSEHOLD. A family whose head or spouse, or whose sole member is at least 62
years of age, or a disabled person as defined in this section, or a handicapped person as defined in
this section, or which may include 2 or more elderly, disabled or handicapped persons living
together, or 1 or more such persons living with another person who is determined to be essential to
his or her care and well being.
ELDERLY PERSON One who is at least 62 years old.
ELIGIBLE FAMILY (Family). A family (including those covered by the definition of “Family“ in
Part 812) which qualifies as Lower-Income Family and which meets the other requirements of the Act
and Part 813.
FAIR MARKET RENT. The rent limit published in the Federal Register for new developments
which includes utilities (except telephone), ranges and refrigerators, and in order to obtain privately
owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable
amenities. Separate FMRs are established for dwelling units of varying sizes (number of bedrooms)
and types.
For the Section 8 Certificate Program, the FMR is to be published by HUD annually (around March
29th) in the Federal Register.
FAMILY. Definition includes 2 or more persons as well as an elderly family or single person as
defined in the regulations, the remaining member of a tenant family, and a displaced person.
FULLTIME STUDENT. A person who is carrying a subject load that is considered full time for
day students under the standards and practices of the educational institution attended. An educational
institution includes a vocational school with a diploma or certificate program, as well as an institution
offering a college degree.
GROSS RENT. The sum of the contract rent and the utility allowance. If there is no utility
allowance, contract rent equals gross rent.
HANDICAP ASSISTANCE. Anticipated costs for care attendants and auxiliary apparatus for
handicapped or disabled family members which enable a family member (including the handicapped
family member) to work.
August 2,1993 Page 2
HANDICAPPED PERSON. A person having a physical or mental impairment which:
1. Is expected to be of long-continued and indefinite duration;
2. Substantially impedes his or her ability to live independently; and
3. Is of such a nature that such ability could be improved by more suitable housing
conditions.
HOUSING ASSISTANCE PAYMENT. The amount HUD pays the owner for a unit occupied by a
Section 8, RAP or Rent Supplement tenant. It includes HUD’s share of the contract rent and any
utility reimbursement due the tenant. It is the gross rent for the unit minus the TTP.
HOUSING ASSISTANCE PAYMENTS CONTRACT (Contract). A written contract between
HUD or a Contract Administrator and an owner for the purpose of providing housing assistance
payments to the owner on behalf of an eligible family (sometimes referred to as the HAP contract).
For Section 8 Existing, the Housing Assistance Payments Contract is executed between the PHA and
the private owner.
HUD. The Department of Housing and Urban Development or its designee.
INCOME. Income from aI1 sources of each member of the household as determined in accordance
with criteria established by HUD.
INCOME FOR ELIGIBILITY. Annual income.
LANDLORD. This term means either the owner of the property or his or her representative or the
managing agent or his representative, as shah be designated by the owner.
LEASE. A written agreement between an owner and an eligible family for the leasing of a housing
unit. HUD has a Model Lease which is required for multi-family assisted housing projects.
The Section 8 Certificate Program has an Addendum to Lease that has mandatory language which
must be incorporated into any lease the PHA uses.
LOW INCOME FAMILY. A lower income family whose income for eligibility is between 50%
and 80% of the median income for the area as determined by HUD with adjustments for smaller or
larger families.
LOWER INCOME FAMILY. A family whose income does not exceed 80% of the median income
for the area as determined by HUD with adjustments for smaller or larger families, except that HUD
may establish income limits higher or lower than 80% on the basis of its findings that such variations
are necessary because of the prevailing Ievels of construction costs or unusually high or low incomes.
August 2,1993 Page 3
MARKET RENT, The rent HUD authorizes the owner in multi-family housing to collect from
families ineligible for assistance. For Section 236 units, the market rent is shown on the project’s
HUD-approved rent schedule. For Rent Supplement, Section 202 and Section 8 units, the market rent
is the same as the contract rent. For Below Market Interest Rate (BMIR) units, market rent varies by
whether the project is a rental or cooperative.
1.
2.
BMIR Rentals. Market rent equals 110% of the BMIR contract rent.
BMIR Cooperatives. Market rent equals the contract rent plus any surcharge
established by the cooperative and approved by HUD. If the cooperative did not
receive HUD approval of a plan for purchasing its over-income members, market rent
equals 110% of the contract rent.
MEDICAL EXPENSES. Those total medical expenses, including medical insurance premiums, that
are anticipated during the period for which Annual Income is computed, and that are not covered by
insurance. A deduction for Elderly Households only. Excess Medical Expenses are any medical
expenses incurred by eIderly families in excess of 3% of Annual Income which are not reimbursable
from any other source.
MINOR. A member of the family household (excluding foster children) other than the family head
or spouse who is under 18 years of age.
MONTHLY ADJUSTED INCOME. l/12 of the Annual Income after Allowances or Adjusted
Income.
MONTHLY INCOME. l/12 of the Annual Income.
NET FAMILY ASSETS. Value of equity in savings, checking, IRA and Gogh accounts, real
property, stocks, bonds, and other forms of capital investment.
OWNER. Any person or entity having the legal right to lease housing.
PUBLIC ASSISTANCE. Welfare or other payments to families or individuals, based on need,
which are made under programs funded, separately or jointly by federal, state, or local governments.
PUBLIC HOUSING AGENCY (PHA). Any ‘state, county, municipality, or other governmental
entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist
in the development of operation of housing for low-income families.
RECERTIFICATION. Sometimes called reexamination. The process of securing documentation to
show that tenants meet the eligibility requirements for continued housing assistance payments.
REMAINING MEMBER OF TENANT FAMILY. Person left in assisted unit who may or may not
normally qualify for assistance on own circumstances (i.e., widow age 47, not disabled or
handicapped).
August 2,1993- Page 4
SECURITY DEPOSIT. A dollar amount set according to the regulations which can be used for
unpaid rent or damages owed to the owner upon termination of the lease.
SINGLE PERSON. A person living alone or intending to live alone (eligible for Section 8
Assistance effective August 25, 1993).
SMSA. Standard Statistical Metropolitan Area.
TENANT RENT (Formerly Net Family Contribution). The amount payable monthly by the family
as rent to the owner (including a PHA in other programs). Where all utilities (except telephone) and
other essential housing services are supplied by the owner, Tenant Rent equals Total Tenant Payment.
Where some or all utilities (except telephone) and other essential housing services are not supplied by
the owner and the cost thereof is not included in the amount paid as rent to the owner, Tenant Rent
equals Total Tenant Payment less than Utility Allowance.
TERM OF LEASE. The amount of time a tenant agrees in writing to live in a dwelling unit.
TOTAL TENANT PAYMENT (TTP). The total amount the HUD rent formula requires the tenant
to pay toward the gross rent.
UNIT. Residential space for the private use of a family. The size of a unit is based on the number
of bedrooms contained within the unit and generally ranges from 0 bedrooms to 6 bedrooms.
UTILITY ALLOWANCE. HUD’s, the Contract Administrator’s, or the PHA’s (depending on the
program) estimate of the average monthly utility bills (except telephone) for an energy-conscious
household. This estimate considers only utilities paid directly by the tenant. If all utilities are
included in the rent, there is no utility allowance. Utility allowances very by unit type and are listed
on the project’s rent schedule of HAP contract.
VACANCY LOSS PAYMENTS. When a family vacates its unit in violation of its lease, the owner
is eligible for Housing assistance Payments at 80% of the Contract Rent for a vacancy period of up to
30 days, if he notifies the PHA as soon as he learns of the vacancy, and does not reject any eligible
applicant except for good cause.
VERY LOW INCOME FAMILY. A Lower Income Family whose Annual Income does not exceed
50% of the median income for the area, as determined by HUD, with adjustments for smaller and
larger families. HUD may establish income limits higher or lower than 50% of the median income
for the area on the basis of its finding that such variations are necessary because of unusually high or
low family incomes.
WELFARE ASSISTANCE. Welfare or other payments to families or individuals, based on need,
that are made under programs funded, separately or jointly, by federal, state or local governments.
August 2,1993 Page 5
CHAPTER II
ORGANIZATIONAL STRUCTURE
The Housing Authority is co-located with the City of Carlsbad’s Redevelopment Department. The
Authority is responsible for the operations of the Section 8 Certificate and Housing Voucher
Programs, Housing Program Development (i.e. HOME Rental Assistance Program) and Housing
Policy and Education.
The organizational chart at the end of this chapter displays the working relationships of the Housing
Staff. The Housing Staff consists of the following positions:
A. Housing and Redevelopment Director.
The Housing and Redevelopment Director reports directly to the Community Development
‘Director and is responsible for the administration of Housing Programs and Staff.
B. Housing
The Program Manager has the primary responsibility of overseeing Staff functions and dealing
indirectly with Tenants and Property Owners or directly with the same when there are
problems to be resolved. He/She will monitor the overall effectiveness of the program and
ensure the proper functioning of quality control measures.
The Manager will, in addition, develop and prepare grant applications for new programs,
coordinate program activities with other programs and outside agencies. As the chief trouble-
shooter for the Housing Authority, he/she will direct the response and formal documentation
on appeals and emergency complaints. All reported problems and complaints will be reviewed
and priorities assigned for each resolution.
C. Management Analyst.
The Management Analyst will perform the role of principal advisor and investigator in
assisting the applicant to achieve certification. He/she will conduct informational briefings
with Tenants and Landlords, maintain contact with certified families to assist in finding decent,
safe and sanitary housing and perform follow-up recertifications.
The Management Analyst will, in addition, perform a variety of other functions including:
assisting the Manager in the development and implementation of new programs, perform as
needed Housing Quality Standards Inspections and Quality Control Inspections, monitor and
report on a variety of HUD objectives.
August 2,1993 Page 6
D. Housine Specialist I.
The Housing Specialist I will perform the role of principal advisor and investigator in assisting
the applicant to achieve certification. He/she will conduct informational briefings with
Tenants and Landlords, maintain contact with certified families to assist in finding decent, safe
and sanitary housing and perform follow-up recertifications.
The Clerk Typist II will type and file contracts, leases and any other forms that are needed to
complete the process of assisting families to participate in Housing Programs. Provide
technical assistance to all automated systems. Maintain the housing resource library.
The Clerk Typist will, in addition, monitor and maintain the Section 8 Waiting List, assist in
the eligibility determination process and update regulatory manuals and correspondence as
needed.
F. Housing Insnector.
The Housing Inspector will work directly with landlords in inspecting prospective units to
determine whether they meet program requirements. He/she will also perform move-out
inspections for damage claim purposes and special/complaint inspections as needed.
The Housing Inspector will, under the direction of the Management Analyst, in addition, assist
in making rent reasonableness determinations.
August 2,1993 Page 7
1 0
1 0 1
Lzl a m ul -I a a c)
,
a.5 ‘: Zk zoo SW Otis zz . . .,’ . . .,: ‘.... ..: ::: : .: “’ ..,. . .
/, ,. “‘. ’ : .. ..:;,:j ._. ... ” .” ‘. . . . . ..j. :,’ ‘1 . . . ::j j::;:: +.: :::;j:. :. .,: :, :. ‘: .j. :i:.: ;:ci ; ,. :I :.‘lil.‘:.~~w~.j:il:~:~~.~~~~~ ... .:. :,,. ‘El a/)i;i:i jj!j::!:i:
j,:::, ?w 2;:;: i:; :;i: - : ?piim ai:‘:“::.:‘.’
-,.i:,a. z’;:::.: ’ 1. j]
:;,;~$::g:,-:,:~ : .. j
:,;: :.:Z” ::i:: :. ‘: ‘. : .:...i::..:‘. jj :. :.
.:. ‘: ..” :
CHAPTER III
ELIGIBILITY FOR ADMISSION
2.J Elieibility for Admission
A. Families certified for Section 8 assistance must:
1. Be very low income.
2. Meet HUD’s -definition of “Family ”
3. Be on the current Waiting List.
4. Be Certificate and Housing Voucher Port-Ins from other Housing
Agencies.
5. Be entitled to relocation benefits from other City of Carlsbad or Housing
Authority Programs.
B. With respect to the Waiting List, priority level, preference category and
designated bedroom size will change as circumstances are reported. Should the
Waiting List fail to supply adequate numbers of eligible applicants for
certification, the Staff will conduct outreach via public notice to various
community support groups to solicit applications from the community at large.
Public notice of application availability will appear in all local minority papers in
accordance with the approved Equal Opportunity Housing Plan.
3.2 Federal Preferences and Local Priorities
The applicant must provide verification that he or she qualifies for a Federal
Preference as follows:
1. Applicants are considered “involuntarily dispZacedN if they have vacated
or must vacate their unit as a result of:
a. Disaster (e.g., flood or fire) that makes the unit uninhabitable.
b. Governmental action (federal, state or local body or agency).
August 2,1993 Page 8
C. Housing owner’s actions which are beyond the applicant’s control
or ability to prevent.
d. Physical violence:
Applicant lives or lived in unit with person who engages in
violence
The actual or threatened violence must have occurred
within 12 months from the actual intake appointment or be
of a continuing nature.
The perpetrator of the violence will not reside with the
family upon receipt of Section 8 Rental Assistance.
The family must provide legal documents indicating an
action has been taken to prohibit further interaction with
the perpetrator, e.g. restraining order, divorce papers, legal
separation papers, or other pertinent documentation.
e. If the family requests that the perpetrator be allowed to join the family, the request will only be considered if:
The request meets the Housing Authority’s policy regarding
changes to the family composition, and
The request is at least one year after the family began
participating in the Section 8 Program, and
The perpetrator has successfully completed a domestic
violence rehabilitation program.
2. Applicants are considered to be living in “substandard housing” if they have
vacated or must vacate their unit as a result of:
a. No operable indoor plumbing or usable flush toilet or bathtub/shower inside
the unit for the exclusive use of the applicant family.
August 2,1993
b. No electrical service or the service is unsafe and the owner of the unit is
responsible to pay for the electrical service per the occupancy agreement
and has failed to pay causing the service to be shut-off.
Page 9
C. No safe/adequate source of heat, should have a kitchen but doesn’t or the
unit has been declared unfit for habitation.
d. Overcrowded conditions, conditions which meet or exceed the following
standards, qualify for the “substandard housing preference”
Unit Size
No. of nersons
in Household
0 BR 2
1 BR 5
2 BR 7
3 BR 9
4 BR 11
5 BR 13
e. “Homeless” applicants, as documented by a Social Service Agency or other
professional also qualify for the “substandard housing preference “.
3. Applicants are considered to be “rent burdened” if they pay more than 50 percent
of their gross family income toward the contract rent and utilities.
B. Local Priorities
Families who live or work in Carlsbad qualify for a Local Priority. Additionally, families are selected from the Waiting List in the following order:
1. Head of Household or Spouse is a Veteran (or family of Veteran).
2. Head of Household or Spouse is elderly disabled or handicapped.
3. Homeless applicants who are ready for permanent housing, have a source of
income and who have contracted with Social Service Agencies for ongoing
supportive services.
4.
5.
Family resides in a Mobile Home Park within the City of Carlsbad.
Others‘;
August 2,1993 Page 10
.
3.3 S r nin c
Priority in Selection of Families
Priority in the selection of families for the issuance of Certificates or Housing vouchers shall be
granted in the following order:
A. FAMILIES OUALIFYING FOR A FEDERAL PREFERENCE:
0
1.
2.
3.
Families Living or Working in Carlsbad:
Head of Household or Spouse is a Veteran (or ‘family of Veteran).
Head of Household or Spouse is elderly disabled or handicapped.
Homeless applicants who are ready for permanent housing, have a source of
income and who have contracted with Social Service Agencies for ongoing
supportive services.
4.
5.
Family resides in a Mobile Home Park within the City of Carlsbad.
Others
0
6.
7.
8.
Families Not Living or Workine in Carlsbad:
Head of Household or Spouse is a Veteran (or family of Veteran).
Head of Household or Spouse is elderly disabled or handicapped.
Homeless applicants who are ready for permanent housing, have a source of
income and who have contracted with Social Service Agencies for ongoing
supportive services.
9. Others
August 2,1993 Page 11
B. FAMILIES NOT OUALIFYING FOR A FEDERAL PREFERENCE:
0
1.
2.
3.
Families Living: or Working in Carlsbad
Head of Household or Spouse is a Veteran (or family of Veteran).
Head of Household or Spouse is elderly disabled or handicapped.
Homeless applicants who are ready for permanent housing, have a source of
income and who have contracted with Social Service Agencies for ongoing
supportive services.
4. Family resides in a Mobile Home Park within the City of Carlsbad.
5. Others
l
6.
7.
8.
Families Not Livinp or Working in Carlsbad
Head of Household or Spouse is a Veteran (or family of Veteran).
Head of Household or Spouse is elderly disabled or handicapped.
Homeless applicants who are ready for permanent housing, have a source of
income and who have contracted with Social Service Agencies for ongoing
supportive services.
9. Others
C. Homeless applicants qualify for the local priority because homeless persons have no
residency by definition. Homeless persons must be certified to be homeless by a local
social service provider, clergy or other professional.
u Disalaced Families
A. Applicants in the following categories will be issued Certificates or Housing Vouchers
before all others on the Waiting List.
August2,1993 Page 12
-
1. CWho
a. Families displaced by a City of Carlsbad or Housing Authority Program
where the City or Housing Authority is required by law to provide
relocation assistance.
2. Those Who Do Not Oualifv for a Federal Preference:
a. Families displaced by a City of Carlsbad or Housing Authority Program
where the City or Housing Authority is required by law to provide
relocation assistance.
B. If the Housing Authority grants a Certificate or Housing Voucher to a family who falls
within one of the above categories but is not eligible for a Federal Preference, the family
will be counted as part of the not more than 10% of applicants that may be issued
Certificates or Housing Vouchers before applicants who qualify for a Federal Preference.
3.5 Other Selection Factors
A. Applicants will be selected from the Waiting List in preference order within each bedroom
size for which Certificates and Vouchers are available. Certificates and Housing Vouchers
will be over-issued to ensure timely leasing in accordance with lease-up goals of 100%.
B. The Housing Authority will use the same Waiting List for Vouchers and Certificates.
Applicants will be offered a choice of a Certificate or a Voucher when available. A family
may reject the form of assistance offered and wait for the form of assistance they prefer,
without losing their place on the Waiting List. However, if the family refuses both forms
of assistance, they will be deleted from the Waiting List.
C. In the event of two or more eligible applicant families requiring the same unit size with
the identical priority and preference status, the date and time sequence of applications shall
govern the selection process. The applicant who applied for assistance earliest will be
provided a Certificate or Voucher first.
D. All applicants will be screened for drug related and violent criminal activity. In
accordance with HUD regulations, applicants may be denied eligibility for past criminal
or drug related activity. Evidence of rehabilitation will be considered on a case-by-case
basis.
E. All applicants will be screened for outstanding debts to PHAs. Families who owe any
money to the Housing Authority will be determined ineligible until such time that the
account is cleared. Once the debt has been repaid, the family’s application will be
returned to the existing Waiting List according to their original priority, preference, filing
date and time.
August 2,1993 Page 13
3.6 Notification of EliPible and Ineligible Amlicants
A. Applicants placed on the Waiting List will be advised of their apparent eligibility by mail.
Notification procedures for updating information, including address and family composition
changes will also be mailed.
B. If an applicant is determined ineligible, the Housing Authority will notify the applicant by
mail, indicating the reasons for ineligibility and advising them of the right to request an
Informal Review.
2J Updatirw the Waitin? List.
A. At least annually, update letters will be sent to each applicant on the Waiting List
requesting updated information.
B. Information not received within the specified response period will cause that application
to be deleted from the Waiting List. The family may reapply. Medical or other
compelling reasons documenting why the applicant was unable to respond will be taken
into account.
August 2,1993 Page 14
CHAPTER IV
OCCUPANCY
A. Intake appointment letters and questionnaire forms will be mailed to applicants. They will
be asked to identify the source and type of income they receive and appropriate agency
contacts so that verification forms can be mailed. The verification form will request
applicant’s present income and anticipated income over the next twelve-month period. The
Authority will request that verification forms be signed by a service representative from
the verifying agency and mailed directly back to Authority staff.
B. Social Security numbers for all family members 6 years and older must be reported and
verified when available.
C. Third (3rd) party verification is the preferred method of documenting income or other
pertinent information. Any witnessed photocopies of relevant documents (excluding
Federal checks) which indicate income will be accepted pending the return of the formal
income verification form.
D. At the intake appointment, applicants and all adult household members will be required
to sign:
1. A verification consent form authorizing release of information required to determine
eligibility.
2. A Notice of Rights and Responsibilities Form that identifies the circumstances that
would cause termination of assistance subject to an Informal Hearing.
3. A “Watch Out for Lead Paint Poisoning” form which provides information on
avoiding and recognizing lead-based paint poisoning.
4. The Federal Privacy Act Statement.
E. Applicants determined ineligible will be promptly notified of the determination. The
applicant may request an Informal Review within fifteen (15) days of notification. A final
written decision will be sent to the applicant within ten (IO) days of the review and will
include a brief statement of the reason(s) for the decision. The Informal Review will be
conducted by staff.
August 2,1993 Page 15
.
F. Families who have been determined eligible for certification will be given an appointment
to appear for .their briefing. Applicants may reschedule their briefing no more than 3
times.
4.2 Asshment of Certificate Bedroom Sizes
A. The Authority shall enter on the Certificate or Voucher, the number of bedrooms consistent
with the standards set forth below.
Certificate/Voucher Assignment Standards
Certificate Size
Minimum Maximum
No. of Persons No. of Persons
in Household in Household
0 BR 1 1
1 BR 1 2
2 BR 2, 4
3 BR 3 6
4 BR 4 8
5 BR 5 IO
1. Exceptions shall be granted upon request, if justified by the relationship, age, sex,
health or handicap of family members or other individual circumstances.
2. Every family member regardless of age is to be counted as a person: All children
anticipated to live in the dwelling unit will be counted in the certificate assignment,
an unborn child will be counted in the certificate assignment.
3. A full-time student residing away from home during the school year who continues
to maintain a permanent residency with the family is to be considered a family
member.
4. After initial assignment, the Certificate/Voucher size will not be changed except as
necessitated by increases or decreases in family composition.
B. The family may rent a larger dwelling than indicated on the Certificate/Voucher.
1. In the case of Certificates, the rent to owner plus any allowances for utilities and
other services must not exceed the Fair Market Rent (FMR) for the bedroom size
indicated on the Certificate.
August 2, 1993 Page 16
2. In the case of Vouchers, a family may rent a unit with more bedrooms than stated
on the Housing Voucher, but the family’s subsidy will be based on the Payment
Standard for the size for which the family is eligible.
C. Families may rent a dwelling with fewer bedrooms than stipulated on their
Certificate/Voucher providing the occupancy will not exceed two persons per bedroom or
living/sleeping area.
4.3Briefing
A. Staff will conduct briefing sessions specific to Certificates or Housing Vouchers. Most
briefings will be conducted individually. When possible, group briefings will be
scheduled.
B. Certificates/Vouchers are initially issued for a 60-day period. The family must submit a
Lease Agreement for approval within the 60-day period, unless an extension is granted.
C. The subjects of fair housing, security deposits, gross rent, rent portions, utility allowances,
housing standards, house-hunting techniques, tenant rights, discrimination and
responsibilities under the lease and portability will be covered at briefing sessions.
Additionally, the subjects of payment standards, rent portions, and shopping incentive
credits will be covered in voucher briefings. Termination conditions including termination
for illegal drug or violent criminal activity will be impressed upon Certificate and Voucher
holders. Questions regarding the Section 8 Program will be answered in detail at the
briefing.
D. A listing of available housing resources will be maintained, on an ongoing basis. All
certified families will be given a copy of this listing at the briefing and upon request,
anytime thereafter. The listing will indicate that the referral units have not been inspected
for compliance with the Section 8 Housing Quality Standards.
E. Applicants not living within the jurisdiction of the Housing Authority at the time they
applied for Rental Assistance must initially rent a unit within the jurisdiction for the first
12 months from the time the family receives Rental Assistance.
This restriction on portability moves does not apply to:
1. Families that have been issued a rental Voucher or Certificate prior to June 1993.
2. Participants receiving rental assistance.
August 2,1993 Page 17
F.
G.
H.
I.
J.
3. Families who lived in the Housing Authority’s jurisdiction at the time they
submitted their application but are living outside the jurisdiction when selected for
participation in the program.
After living in the jurisdiction for twelve months, the family could choose to move with
continued assistance outside of the jurisdiction in accordance with the portability rules (see
Ch.X).
Families receiving Certificates or Vouchers will be responsible for paying their own
security deposit.
Assistance to families will be offered by staff on an individual basis so as to discuss and
remedy any specific problems the family is encountering in their search for housing.
Elderly families receiving Certificates or Vouchers may share housing on an individual
lease shared housing basis.
Families who report discrimination will be assisted in filling out the appropriate HUD
discrimination forms. The Head of the Household will be referred to the HUD Fair
Housing Office, and the California Fair Employment and Housing Department or the local
Fair Housing.Council who handle such complaints.
?!A Certificate Extensions
Certificate extensions will be granted for up to 60 days. The extension must be requested in
writing prior to the expiration date of the Certificate or Notice of Intended Action, whichever is
later.
August 2,1993 Page 18
CHAPTER V
LEASING FUNCTIONS
5.1 Outreach to Owners
A. For the purpose of increasing housing opportunities throughout the City of Carlsbad, staff
will enlist the cooperation of the real estate community, property managers and owners by
conducting quarterly workshops, mailing informative letters regarding Section 8 Rental
Assistance, responding to “for rent” advertisements, and through public .media
announcements.
B. Communications with owners and property managers will target units outside impacted areas, in accordance with the Carlsbad Housing Authority Deconcentration Plan.
C. Owners who inquire about the program will be sent/given an informational brochure.
Other questions from owners which are not addressed in the brochure will be handled by
staff.
5.2 Leasing Procedures
A.
B.
C.
D.
E.
August 2,1993
Once the family has selected a unit and submits lease papers for approval, staff will
schedule a move-in inspection. Upon completion of the inspection and the terms of the
lease are determined acceptable, staff will mail the HAP Contract to the Owner.
If the unit fails inspection or the lease is not acceptable, a notice of lease disapproval will
be sent to the owner.
Section 6109 of the Internal Revenue Code requires the Housing Authority to report to the
IRS all Housing Assistance Payments paid to the landlord. Before the lease can be
approved, the Landlord must provide either a Tax ID Number or a Social Security
Number, whether or not the Landlord is required to file a tax return.
Once the lease has been approved, the family may then proceed to move into the unit on
the scheduled date for occupancy.
The HAP Contract will take effect after the following items have occurred:
1.
2.
The unit passes inspection; and
The rent is determined reasonable; and
Page 19
3. Possession of the former unit has been returned to the Landlord; and
4. All utilities have been turned on, and if applicable, the stove and refrigerator are
installed; and
5. The tenant moves into the new unit.
F. The PHA anticipates that the maximum time needed for inspection and lease approval will
be approximately one (1) week.
G. If, during the term of the Certificate/Voucher, a request for lease approval is denied, the
Certificate/Voucher will be tolled the number of days the lease was under review.
August 2.1993 Page 20
CHAPTER VI
INSPECTIONS AND
RENT REASONABLE DETERMINATION
A. The Carlsbad Housing Authority will perform its own inspections, move-in,
special/complaint, annual, move-out and quality control, using the Housing Quality
Standards outlined in CFR 882.109 and in paragraph 4.2 below. The more restrictive
standards outlined below do not unduly limit the amount and types of available rental
housing stock which would otherwise meet HUD’s HQS and be available at or below the
Fair Market Rent (FMR).
B. Housing Authority staff will conduct inspections by appointment prior to any lease
approval. Additional inspections will be conducted only at the request of the tenant or
owner, except as needed to provide quality control review. A rent reasonableness
determination will also be made.
C. To ensure the best use of staffs time, inspections will be scheduled for a day which is
convenient for both the tenant and the inspector. Efforts will be made to have both the
owner and tenant present at the initial inspection. A copy of the inspection report will be
mailed to the tenant and owner or owner’s representative. Signatures will be obtained from
tenant or tenant’s representative present at the inspection.
D. Owners whose units fail the inspection will be notified, either by phone or by mail, and
provided a copy of the inspection report, Such notification shall be given within one (1)
week following the inspection.
E. The Carlsbad Housing Authority will conduct a reinspection if needed. No more than three
inspections will be made on one unit. The Carlsbad Housing Authority staff may allow
owners to certify corrections are completed on non-HUD designated fail items.
F. Inspections will be made within five (5) days after receipt of lease papers for approval.
A record of all dates will be kept on file.
G. Every quarter, 5% of those units inspected will be randomly selected for Quality Control
Inspections. Those inspections should represent a sample of a variety of different types
of inspections performed by several different staff members. Quality Control Inspections
will be conducted as if they were “first time” inspections, (i.e. recertification inspections).
August2,1993 Page 21
6.2 Housing Quality Standards
A. ITEMS THAT MUST BE IN GOOD CONDITION THROUGHOUT THE INTERIOR OF
THE UNIT:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Cover plates for electrical switches or outlets (no cracked outlet covers, missing
cover plates, exposed fuse box connections or wires located in unsafe places).
All electrical outlets (duplex receptacles) must work properly and there must be two
(2) outlets per room or one overhead light and an outlet.
Doors to the outside must have properly working locks. Single cylinder dead bolt
locks are recommended. (One exit must be accessible to the outside without the use
of a key or special knowledge).
Windows must not have missing or broken panes, large cracks, windows that will
not close or will not stay open. Windows that are accessible from the outside must
have working locks. Screens, in good condition, must be present on operable
windows; minimum of one (1) operable window per room.
Ceilings and walls must not have large cracks, holes, be excessively dirty, peeling
paint, air infiltration or serious structural defects.
Floors (no large cracks, holes, tom carpet, unsanitary, severe buckling, or severely
chipped tile).
Unit should be free of mildew or mold (check under kitchen and bathroom sinks
and in closets).
Roof and windows should be free from signs of leaking.
Door stops required if there is a dent or hole behind door caused by door knob
banging the wall.
No signs of infestation (roaches, mice or vermin).
A heating system should be present, working and properly vented.
Weather stripping on windows and doors required if the space between the frames
allows drafts.
Ceiling must be at least 7 feet high, unless the ceiling slopes, then only half of the
room must be 7 feet, but no portion less than 5 feet.
August 2,1993 Page 22
B.
14. A properly functioning smoke detector must be present on each level of the unit.
ITEMS THAT MUST BE IN GOOD CONDITION ON THE EXTERIOR OF THE UNIT:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
The hot water heater must have a pressure relief valve with a discharge line of
galvanized steel or hard copper of the same diameter as the valve opening and
directed downward from 6” to 24” from the ground. If the hot water heater is
located inside the apartment it should be vented to the outside of the unit or down
6” to 24” from an approved drainage outlet.
The hot water heater, if outside, must be enclosed and protected from the elements.
Adequate trash disposal.
Roof in good repair.
Street numbers must be present and visible from the street.
The mailbox must be present and maintained in good/secure condition.
Fences must be maintained in good condition; no missing parts, no exposed nails
and should not be falling down.
Yards maintained in good condition. Weeds must not exceed 6” high.
A handrail is required on stairways of more than three steps and unprotected heights
over 30 inches. Exceptions may be made for historically designated buildings.
Parking areas maintained in good condition and free of unsafe vehicles (e.g.
inoperable vehicles on blocks, etc.).
Buildings or grounds which exhibit graffiti will fail the inspection.
C. SPECIFIC ITEMS THAT SHOULD BE PRESENT, WORKING OR IN GOOD.REPAIR
IN THE FOLLOWING ROOMS:
KITCHEN
1. Kitchen sink should have:
-hot and cold running water
-no leaking pipes
August 2,1993 Page 23
-a gas trap
-faucets that turn off completely
2. Stove should have:
-all burners on the stove must light automatically
-all knobs must be present
-the oven must be operable
3.
4.
5.
6.
-the stove should be clean inside and out
A refrigerator and freezer
An overhead light
All appliances and fixtures, if present, (e.g. disposal, fan over the range,
dishwasher).
All kitchen cabinets should have secure doors and drawers should slide freely.
7. Floor, sink, counter top and cabinets must be clean.
BATHROOM - Should be clean and free of mildew (tub, toilet, tile, walls, floor, vanity,
mirrors, medicine cabinet and sink).
1. Adequate ventilation (There must be an operating fan or a window that opens and
locks, if accessible from outside)
2. Toilet (no drain blockage or leads).
3. Faucets in bathtub should have:
-hot and cold running water
-no leaking pipes
August 2,1993 Page 24
-a gas trap
-faucets that turn off completely
4. All towel bars, toilet paper holders, and soap dishes must be properly installed if
present.
5. Light fixture.
LIVING ROOM
1. Front door lock
2. Windows lock if accessible to outside. One window must open.
BEDROOM
1. One window opens in each bedroom and, if accessible from the outside, all
windows must lock.
2. If iron bars are installed at least one set must have quick release capability in each
bedroom. (Quick release means one fluid motion operates the release mechanism.)
3. Bedroom must be at least 70 sq. ft. :
Minimum width at least 7’.
INTERIOR AND EXTERIOR
1. Interior and exterior paint must be lead free. Owner may be required to abate lead
base paint surfaces. & peeling paint inside will fail and peeling paint up to 5’
outside will fail on buildings built in 1978 or earlier, if children age 7 or less are
in participant family.
2. All appliances/fixtures must be functioning according to their intended use.
3. Unit must be decent, safe and sanitary.
D. SITE AND NEIGHBORHOOD CONDITIONS
1. The living environment of the site and neighborhood must not endanger the health
or safety of the residents or Housing Authority staff.
2. Serious criminal activity on or around a site, documented by police reports, may be considered an unsafe living environment.
August 2,1993 Page 25
f&J Rent Reasonableness/Fair Market Rents
A. The staff will determine rent reasonableness based on the market conditions, comparable
unit size for the area, access, maintenance services, location and amenities as outlined in
882.109 of the regulations.
B. Exception Rents, lo-20% over the FMR, will only be considered for those units located
outside of the impacted area. The impacted area includes census tract 179.00.
The Housing Authority will not consider an exception rent for families who select a unit
which is larger than authorized.
C. Local program data relative to revision of Fair Market Rents will be made available to
HUD after the Carlsbad Housing Authority has applied for a substantial number of lo-20%
rent payment increases and has enough evidence to document a formal request to HUD for
the purpose of adjusting Fair Market Rents.
August 2.1993 Page 26
7.1
7.2
7.3
CHAPTER VII
ANNUAL OCCUPANCY CYCLES
Annual Recertification
A.
B.
Families will be scheduled for an annual recertification interview and an annual unit
inspection 90 to 120 days in advance of the recertification effective date.
The same procedures for obtaining and verifying information that were used prior to
issuing the Certificate/Voucher will be used.
Owner Rent Adiustments
A. Owners must request an annual adjustment in writing, in accordance with CFR 882.108.
The adjustment will be processed after the unit has been inspected and rent reasonableness
has been determined.
B. Owner’s request for special adjustment will be evaluated once the owner provides
reasonable documentation as to why he/she should receive financial adjustment.
Interim Reexaminations
A.
B.
C.
D.
E.
August 2,1993 Page 27
Increased family income does not have to be reported to the Housing Authority. Increases
in income will be included in the rent calculation at the Annual Reexamination.
Interim reexaminations will be conducted throughout the year as decreases in family
income are reported to the Housing Authority.
Participants must report any increases or decrease in family composition within fifteen (15)
days of the change.
The Housing Authority will perform a complete reexamination of the family income when
there is a change in household composition.
In cases where:
1. The family receives a “Utility Reimbursement Payment,” or
2. The Housing Authority pays the full rent,
the family will be notified that an interim reexamination of their income will occur at a
minimum of every three months.
F. A decrease in the family’s rent will be effective the first of the month following the month
in which the change was reported.
G. Notification of increases in rent will be given to allow a minimum of 30 days advance
notice.
D! Special Reexamination
Families who have established a pattern of sporadic employment need not be given special
reexamination. A reasonable twelve months estimate of their income may be based upon past
income and present rate of income.
Special reexaminations will be scheduled when it is not possible to make an estimate of family
income for the next twelve-month period with any degree of accuracy because:
A tenant is unemployed and there are no anticipated prospects of employment; or
The conditions of employment and/or receipt of income are so unstable as to invalidate
usual and normal standards for determination.
A special reexamination shall be scheduled for a specified time (either 30, 60, 90, or 120 days),
depending upon the staff member’s estimate of time required for the family circumstances to
stabilize.
If, at the time of such special reexamination, it is still not possible to make a reasonable estimate
of family income, special reexaminations shall continue to be scheduled and conducted until such
time as a reasonable estimate of family income can be made for the next twelve months.
7.5 cto
Any increase or decrease to the household composition must be documented with an “Amendment
to the Lease” form signed by both the Landlord and the tenant.
A. Minor Children - Minors who qualify under the definition of “Family” may be added to
the household anytime.
B. Adults - An adult may be added to the Section 8 household once in a twelve month period
providing the addition does not change the Certificate or Voucher size.
C. wy - An adult related by blood or marriage to the head or spouse can be
added to the Section 8 household under the following circumstances, if proof of medical
dependency is provided:
August 2,1993 Page 28
1. The immediate relative becomes medically dependent upon the. head-of-household
or spouse, or
2. The head-of-household or spouse becomes medically dependent on the immediate
relative. (In this case the relative will be allowed the option of being a “Live-In
Aide” or a family member. The consequences of each option will be thoroughly
explained.)
NOTE: In cases of documented medical dependency, consideration may be given for
a larger Certificate or Voucher.
7.6 Permanently Absent Family Members
A. Family members, other than full-time students and minors, will be considered permanently
absent from the household if absent for more than six (6) months.
B. A notarized statement that the family member is absent is an acceptable method of
verification.
C. The family member’s name will be removed from the lease and an interim re-examination
will be performed.
7.7 Income of Confined Familv Members
If a household member is confined to a nursing home or hospital on a long-term basis, the
Housing Authority will allow the participant to select one of the following options:
A. Include the income of the family member and take any deductions for which the individual
would qualify; or
B. Remove the family member’s name from the lease, exclude the income, and not take any
deductions for the individual.
u Termination of the Lease/Contract
A. The lease/contract may be terminated as a result of an action by the Owner, Tenant or the
Housing Authority. The Owner and Tenant will receive a minimum of 30 days notice from
the PHA of the contract termination except in the following circumstances:
1. If a family vacates the unit in violation of the lease agreement, skips or dies, the
contract termination will be effective on the day the action occurred.
August 2,1993 Page 29
2. If a Section 8 Landlord gives the tenant a 30-day Notice and the Tenant vacates
prior to 30 days, under California law, rent payable monthly on a day certain
accrues and becomes due on that day and the Landlord cannot be divested of his
right to the entire month’s rent. Therefore, if a 30-day notice is issued by a
Landlord or tenant, the PHA shall pay through the end of the notice.
B. Owners must state the cause for eviction on the termination notice to the tenant.
A. When the Carlsbad Housing Authority is notified that a participant intends to voluntarily
move, the Housing Authority will require the family to provide the owner a minimum of
30 days written notice. Although the tenant may vacate early, the Housing Authority will
pay the Housing Assistance Payments (HAP) and the tenant will pay his/her portion of the
rent through the term of said 30 day notice.
B. If the participant moves without giving notice to the owner (skips), the owner will be
entitled to keep the HAP for the month in which the tenant vacated. In the case of
Certificates, the owner may receive vacancy loss for additional time through the claims
process. The Carlsbad Housing Authority reserves the right to collect back unauthorized
Housing Assistance Payments.
C. If the participant is being evicted (3-day or 30-day notice), the Owner is entitled to the
HAP until the Owner regains legal possession of the property via the tenant relinquishing
possession or the court ordered marshall’s lockout, whichever occurs first.
D. Prior to moving, families will be required to attend a “Move Briefing.” Participants will
be briefed on how to avoid or minimize a claim for damages, cleaning and/or vacancy loss.
The move briefing will also address how to give notice and general information for
moving.
E. Upon the expressed written consent of the Tenant, the Housing Authority will release the
following information, in written form, from the Tenant case file to the Landlord:
1. The name, address, and telephone number of the current and three most recent
Landlords.
2. Date of occupancy and address of the current and three most recent units occupied.
3. The dollar amount of Section 8 damage claims paid in the last three years.
F. At the time of a move, the family’s income and household composition will be recertified.
August 2,19!J3 Page 30
7.10 Transfer Policies
A. Program Transfer
1. After receiving any type .of rental assistance for two years, participants on the
Certificate or Housing Voucher Programs may request a transfer to one of the other
types of Section 8 rental assistance. If the type of rental assistance requested is not
available, the Family will be placed on the “Program Transfer” Waiting List.
2. Families on the “Program Transfer” Waiting List will have priority over applicants
for any type of rental assistance provided they don’t owe the Housing Authority
money.
B. Bedroom Size Transfer
1.
2.
3.
If a change in family composition entitles a family to a larger size
Certificate/Voucher but the family size does not exceed maximum occupancy for
the unit, and the family does not plan to move, they will be informed that they are
eligible for a Certificate/Voucher of the appropriate bedroom size, and it will be
issued, if available, when they move. If the bedroom size is not available, the
name of the family will be placed on the “Bedroom Size Transfer” Waiting List.
Families who have children of the opposite sex who share a bedroom, may request
a larger size Certificate/Voucher when either child reaches age 7. The family will
be informed that they are eligible for a Certificate/Voucher of the appropriate size,
and it will be issued, if available, when they move. If the bedroom size is not
available, the name of the family will be placed on the “Bedroom Size Transfer”
Waiting List.
Families on the “Bedroom Size Transfer” Waiting List will have priority over
applicants for any type of rental assistance provided they do not owe the Housing
Authority money.
7.11 Utility Allowance Schedule
A. Determination of needed revisions to the schedule for allowances for utilities and other
services will be done on an annual basis by surveying utility costs and consumption rates
with local utility companies.
August 2,1993 Page 31
7,12 Pavments to Owners
A. The Financial Management Section will process owner requests for payment from warrants
prepared by Section 8 Staff and maintained in the Payments Register.
B. Verification of accuracy of payment will be ensured by reconciling the Payment Register
with the General Ledger on a monthly basis. Any differences between the two documents
will be promptly investigated and resolved.
A. The Housing Authority will maintain a current list of community based social service
agencies and human care programs, to which participants can be referred as needed.
B. In cases where the tenant and Landlord cannot resolve a dispute, the Carlsbad Housing
Authority will refer Landlord-tenant disputes to the Heartland Human ReZations
Association.
7.14 ProPram Abuse
A. The Housing Authority will investigate all allegations of program abuse.
B. The Housing Authority will exchange information with the Police Department, the
Department of Social Services and other agencies which assist the Authority in
investigating program abuse.
August2,19!43 Page 32
CHAPT.ER VIII
CLAIMS
8.1 Move-Out Claims Procedures
A. Move Out Inspection:
The owner MUST call the Housing Representative within two (2) days after the tenant
vacates the unit to set up a move-out inspection. Without a move-out inspection, no claim
for tenant-caused damages will be processed. The Housing Representative will schedule
the move-out inspection within three (3) days of owner notification. The inspector will
document the condition of the unit. Pictures may be taken to fully document the unit
condition.
If the tenant wishes to attend the move-out inspection, they must call the Housing
Representative within two (2) days after vacating the unit.
B. Billings to Tenant:
Within 14 days after the tenant moves out, the owner must send an itemized billing to
tenant’s last known address (California Civil Code 1950.5). A copy of the itemized billing
must be sent simultaneously to the Housing Representative .
c. Claim Submittal:
The owner must submit the claim and all documentation within 60 days after the move-out
inspection. The Claim will be w if the forms, documentation and verification of
repairs inspection is not completed and submitted within the 60 day limit. However,
reasonable extensions may be granted upon request. The Claim Application form must be
signed, dated and returned to the Housing Representative with all itemized receipts attached
(not cash register tapes) for all repair work performed. Estimates may be acceptable under
special circumstances.
D. Claim Settlement:
The Housing Representative will schedule a Claims Settlement Conference for the Owner
and Tenant. The goal of the Conference is to assist both parties to agree to a claim
amount. During the Conference the Owner or Tenant may present supporting
documentation to dispute or support the damage claim. In rendering the final decision, the
Housing Representative will take into account the length of tenancy, inspection reports and
documentation of repair costs.
August 2,1993 Page 33
All owner’s claims for payment of security deposit guarantees, and compensation for
vacancy losses, will be processed on HUD Form 52676 revised and updated by the
Carlsbad Housing Authority pursuant to the HUD General Instructions.
E. Notification:
The tenant will be notified of the claim amount approved and the need to repay the
Housing Authority by certified mail. The tenant, if they did not attend the Settlement
Conference, may discuss the approved amount by requesting to meet with the Housing
Representative. If the tenant disagrees with the decision after discussing the Claim with the
Housing Representative, the tenant has the right to an Informal Hearing of the claim.
F. Disagreement:
If the owner disagrees with the claim amount, the supervisor will discuss the claim and
may revise it if supporting evidence is available. Notice to the owner of the itemized claim
amount approved with the claim check (if applicable) will then be mailed.
G. Family Responsibility for Claims:
If the Housing Authority is liable for a damage or vacancy loss claim, the family will be
responsible to pay back the amounts owed subject to an Informal Hearing.
8.2 Damage Claims
A. 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 NEEDED AND PAINTING NEEDED
(CARPET)
EXTREMELY = CARPET REPLACEMENT NOT QUESTIONED
(WORST POSSIBLE CONDITION)
August 2,1993 Page 34
B. Landlords will be reimbursed reasonable charges for repairs. When determining a
“reasonable charge” for a repair, the Housing Representative will consider the extent of
work needed and the market rate cost of such work.
C. On an annual basis, the Housing Authority will 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.
D. 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 10 YEARS
DRAPES 4 YEARS
REFRIGERATOR/STOVE 10 YEARS
CARPET 5 YEARS (7 YEARS FOR HOUSES AND
ELDERLY UNITS)
8.3 Vacancv Loss ComDensation
A. Under the Certificate Program, if a family vacates the unit in violation of the lease
agreement, skips or dies, the owner shall receive the housing assistance payments under
the HAP agreement for the remaining number of days of the month the unit is vacant.
1. If the unit continues to remain vacant after the first month, the owner shall receive
from the PHA 80% of the contract rent for a vacancy period not exceeding one
additional month.
2. The owner must notify the PHA of the vacancy or prospective vacancy as soon as
he/she has learned of it.
3. The claim for vacancy loss must be submitted at the same time as the claim for
reimbursement under the security deposit guarantee. the claim for vacancy loss is
an additional amount, separate from the security deposit guarantee or damage claim.
4. Housing Representatives are responsible to weight the factors involved in
determining an owner’s eligibility for vacancy loss. Factors to consider are:
a. Did the resident violate the lease?
August 2,1993 Page 35
b. Has the owner made an effort to re-rent the unit (list with Section 8, classified ads, etc.)?
C. Evidence of when the re-rental contract was effective.
8.4 Damaqe Claims for Shared Housing
A. Damage clams for shared housing will be prorated using the “Pro Rata Portion” ratio as
specified in CFR 882.320 (e).
B. However, if only the Section 8 family vacates the shared housing unit and the owner’s
damage claim is limited to repairs to the private space occupied by the family, then the owner may claim 100% of the damage to the private space.
August 2,1993 Page 36
CHAPTER IX
DENIAL OF ELIGIBILITY/HEARING PROCESS
u TERMINATION OF PARTICIPATION FROM PROGRAM
A. Applicant denial of assistance
Denial of assistance will be subject to an Informal Review. Participant denial or
termination of assistance will be subject to an Informal Hearing with the exception of the
expiration of the Certificate or Voucher.
B. Termination of Rental Assistance
Termination of Housing Assistance Payments and program participation w occur under
the following circumstances:
1.
2.
3.
4.
5.
6.
Failure of the tenant to accurately and promptly (within 15 days) notify the Housing
Authority of a change in family composition which resulted in the family receiving
benefits they were not entitled to.
If the tenant intentionally misrepresented the family income or composition.
Intentional fraud will be referred to the Inspector General’s Office in accordance
with the regulations.
If three appointments have been missed in one calendar year without good cause
and without prior notice to the Authority.
If a tenant voluntarily moves from a unit and is not otherwise required to do so by
the Housing Authority or owner, without written notice to the Housing Authority.
If the tenant and owner have conspired to pay and/or accept a greater rent than
authorized under the HAP Contract, the tenant’s certificate will be revoked and
he/she will be terminated from the program. The owner’s HAP Contract will also
be terminated, which may result in debarment from the Section 8 Program.
If the tenant does not find a suitable dwelling unit within the term of the
Certificate/Voucher (60 days minimum) after termination of Housing Assistance
Payments.
August 2, 1993 Page 37
l
7. If the applicant or participant has violated any of the family obligations listed below
under the Section 8 Existing Housing Program.
a. To supply such certification, release information or documentation as the
Authority or HUD determine to be necessary in the administration of the
program, including information required for regular and interim
recertification of income and family composition. To not interfere with or prevent the completion of necessary business transactions, including violent
acts or threats directed at staff.
b. To allow the Authority to inspect the dwelling unit at reasonable times and
after reasonable notice and not interfere with or prevent the completion of
the inspection.
C. To notify the Authority and Owner in advance before vacating a unit where
the tenant voluntarily moves and is not otherwise required to do so by the
Housing Authority or Owner.
d. To use the dwelling unit solely for residence by the family and as the
family’s principal place of residence, and shall not assign the lease or
transfer the unit.
e. To not own or have an interest in the dwelling unit (other than manufactured
homes assisted under 24 CFR Sub part F.)
f. To not receive housing assistance under the Section 8 Existing Program
while occupying or receiving housing assistance for occupancy of any other
unit assisted under any other Federal housing assistance program.
& To not initiate or participate in bribes or other illegal activity.
h. To refrain from and prevent household members from engaging in the
felonious manufacture, sale or distribution, or the use or possession of a
controlled substance as defined in Section 102 of the Controlled Substances
Act (21 U.S.C. 802).
i. To refrain from and prevent household members from engaging in any
felonious criminal activity that has as one of its elements the use, attempted
use, or threatened use of physical force against the person or party of
another.
August 2,1993
j. Presence of controlled substance in the unit is grounds for termination.
Page 38
k. If the family fails to comply with the requirements of the family’s contract
of participation in the Family Self Sufficiency Program.
c. Denial of participation in the Section 8 Program
The Housing Authority may deny an applicant admission to participate in the program, may
deny issuance of another Certificate/Voucher to a participant who wants to move to another
dwelling unit and may decline to enter into a contract or to approve a lease, where
requested by a participant, in the following cases:
1. If the family does not pay in full for any damages or other amounts owed to the
Housing Authority within 30 days of the last Housing Assistance Payment.
2. If the applicant or participant has an outstanding financial obligation to any Public
Housing Authority.
3. If the applicant or participant has breached an agreement of a payback obligation
with any PHA.
4. If the applicant or participant has committed any fraud in connection with any
federal housing assistance program.
5. If the applicant or participant has been previously terminated for Drug or Violent
Criminal Activity.
D. The provisions of Paragraph “C” shall not affect or limit the right of the Housing Authority
to exercise any contract remedy against the owner under the outstanding contract, including
the termination of Housing Assistance Payments to the owner.
E. If the Authority has reason to believe that a family may have committed fraud, we will take
action to determine whether there has been program abuse. The Authority may require
repayment by the family for excess Housing Assistance Payments made on their behalf,
further, the Authority may refer fraud cases to the Regional Inspector General for
Investigation (RIGI) or to local or State prosecutors with a copy to the RIG1 for
investigation and possible criminal prosecution.
August 2,1993 Page 39
U Informal Heariw Process
A. The following actions affecting a participant’s program participation are subject to an
Informal Hearing:
1. Determination of total tenant payment or tenant rent amount,
2. Termination or denial of eligibility to participate in the program,
3. Denial of a unit with a smaller number of bedrooms than the number entered on the
Certificate/Voucher.
4. A determination of the number of bedrooms entered on the Certificate/Voucher.
5. In the case of Vouchers, denial or termination of assistance related to the use of
portability.
B. Opportunity for an Informal Hearing will not be provided in the following cases:
1. Review of the discretionary administrative determinations on general policy issues,
2. Determination that a unit does not comply with established housing quality
standards,
3. Suspension or termination of the Housing Assistance Payment Contract as remedy
against an owner,
4. Expiration of the Certificate or Voucher issued to a participant who wants to move
to another unit with continued participation.
C. A Notice of Intended Action will be mailed to the last known program participant address
at least fifteen (15) days before the intended action occurs.
1. The notice will state the reasons for the intended action and law and/or regulation
which support or require it.
2. The notice will also identify the steps on how to request a hearing should the
program participant disagree with the intended action.
3. The notice shall also state the time by which the request for an informal hearing
must be made.
August 2,1993 Page 40
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
0. If the hearing decision is unfavorable to the program participant, the notice will clearly
state the effective date of the termination or reduction of benefits.
August 2,1993 Page 41
Housing Assistan& Payments will continue during the notice period until such time as a
hearing decision has been rendered.
An Informal Hearing request must be made in writing and be received by the Housing
Authority within fifteen (15) days from the date the Notice of Intended Action was mailed
to the program participant.
Extension of time to request a hearing may be considered if done in writing and there is
good cause for missing the deadline.
The Housing Authority will notify the program participant in writing at least ten (10) days
in advance of the time and place of the hearing.
An earlier hearing date may be requested in writing by the program participant.
Untimely hearing requests may be considered by the Hearing Officer if good cause exists.
Denial of hearing request may occur:
1.
2.
If program participant withdraws the requests, or
If the sole issue being disputed is the constitutionality of a Federal Law or
regulation which requires some automatic adjustment in the level of benefits under
the program of large numbers of participants in the same or similar manner, or
3. Where the request has been abandoned (failure to appear at the hearing).
Before the hearing, the program participant may review the hearing packet and may have
legal counsel, at their own expense.
The hearing officer will be an impartial third party not involved in the day-to-day
administration of this Section 8 Program.
An official hearing record will be prepared and kept on file for three (3) years at the
Housing Authority office. All hearing decisions will be in writing and will be binding
unless the program participant seeks judicial review by the San Diego County Superior
Court within one (1) year of the date of the hearing decision.
If the hearing decision is favorable to the program participant and calls for the Housing
Authority to take some action, the notice will state a date by which the action must be
taken not to exceed fifteen (15) days following the date of the decision.
9.3 Informal Review Procesq
A. The following actions affecting an applicant’s eligibility are subject to an Informal Review:
1. Denial of listing on the Section 8 Waiting List;
2. Denial of issuance of a Certificate of Family Participation;
3. Denial of participation in the Section 8 Program;
B. Informal Reviews are not required for established policies and procedures such as:
1. Determination of bedroom size for the Certificate/Voucher; ,
2. Rejection of a unit that does not meet HQS;
3. Disapproval of the owners lease form;
4. Refusal to extend a Certificate/Voucher.
C. The Review will be conducted by someone other than the person who made the decision
and their subordinate.
D. The Family has the right to legal counsel at their own expense.
E. Both the Family and the Housing Authority will have the opportunity to present evidence
and/or witnesses.
August 2,1993 Page 42
CHAPTER X
HOUSING VOUCHER PROGRAM
u This chapter is intended to address specific features unique to the Housing Voucher Program.
HUD regulations, as set forth in the Codes of Federal Regulations, will be followed and are
incorporated within this document by reference.
10.2 Payment Standard Adjustments
The Housing Authority will increase its Payment Standard in conjunction with the publication of
new Fair Market Rents for the Section 8 program. The Payment Standards will be no less than
80% of the published Fair Market Rent.
If a published Fair Market Rent is lower than the Payment Standard in effect at that time, the
Payment Standard will be lowered to the published Fair Market Rent.
&j Rent Reasonablenesq
The Housing Authority will provide guidance and advice to the Family on whether or not the rent
requested by the owner is reasonable based on information the Housing Authority has for
comparable rental units. If requested by the Family, the Housing Authority will assist the Family
in negotiating a reasonable rent with the owner. The Family will have the sole authority to cancel
a lease where the rent is not reasonable when compared with comparable rental units.
m Securin, Demsit
If, at the time of the initial execution of the Lease, the Owner wishes to collect a security deposit,
the maximum shall be the lesser of two month’s Total Tenant Payment or the Contract Rent, but
in no case less than $100.
For units leased in place, security deposits collected prior to the Applicant becoming a Participant
which are in excess of the maximum amount do not have to be refunded until the family vacates
the unit subject to the lease terms. The Family is expected to pay the security deposit from its
own resources and/or other public or private resources.
August 2,1993 Page 43
&j Portability
A. Outward Portability - the ability of a family to move from the Carlsbad Housing
Authority’s jurisdiction (Initial PHA) to another Housing Authority’s jurisdiction
(Receiving PHA). The two forms of portability, Statutory and Regulatory, are outlined as
follows:
1. Statutory Portability
a. Both Certificate and Voucher families are eligible.
b. Families must lease up within the Housing Authority’s jurisdiction for 12
months if they did not reside within the jurisdiction when they applied for
Rental Assistance.
This restriction on portability moves does not apply to:
1. Families that have been i.ssued a rental Voucher or Certificate prior
to June 1993.
2. Participants receiving rental assistance.
3. Families who lived in the Housing Authority’s jurisdiction at the
time of the application but are living outside the jurisdiction when
selected for participation in the program.
C. After the initial twelve months, the family could choose to move with
continued assistance outside of the jurisdiction in accordance with the
portability rules.
d. The family may move anywhere within the State of California or from one
Metropolitan Statistical Area (MSA) to an adjacent MSA.
e. The family must repay any money owed to the Housing Authority before a
“move” Certificate/Voucher will be issued.
August2,1993 Page 44
2. Regulatory Portability
a. Only Voucher families are eligible.
b. Families must lease up within the Housing Authority’s jurisdiction for 12
months if they did not reside within the jurisdiction when they applied for
Rental Assistance.
This restriction on portability moves does not apply to:
1. Families that have been issued a rental Voucher or Certificate prior
to June 1993.
2. Participants receiving rental assistance.
3. Families who lived in the Housing Authority’s jurisdiction at the
time of the application but are living outside the jurisdiction when
selected for participation in the program.
C. After the initial twelve months, the family could choose to move with
continued assistance outside of the jurisdiction in accordance with the
portability rules.
d. Family may move anywhere within the United States.
e. The family must repay any money owed to the Housing Authority before a
“move” Certificate/ Voucher will be issued.
f. The Housing Authority will limit the number of Families participating in
Regulatory Portability to 15 % of the total number of Vouchers under lease.
In determining the 15% limitation for Voucher portability, all Vouchers
used under Statutory and Regulatory Portability will be included.
B. Inward Portability - the ability of a family to move from another Housing Authority’s
Jurisdiction (Initial PHA), into the Jurisdiction of the Carlsbad Housing Authority
(Receiving PHA) .
1. The Carlsbad Housing Authority shall receive and process all Incoming Voucher
and Certificate holders in compliance with appropriate HUD regulations.
August 2,1993 Page 45
-
2. The Authority will bill the initial PHA on a monthly basis for any administrative
fees, Housing Assistance Payments and related expenses for inwardly Ported
Vouchers and Certificates.
3. The Housing Authority may enter into reciprocal agreements with other PHA’s
within San Diego County, thereby issuing Certificates or Vouchers to Families
already receiving Housing Assistance Payments who wish an intra-county transfer
involving this agency.
4. Subsequent moves: When the Carlsbad Housing Authority is considered the
Receiving PHA and the family wishes to move out of the jurisdiction, the Housing
Authority will check with the Initial PHA to determine if it is appropriate to issue
a “move” Voucher or Certificate. If the initiating PHA authorizes the issuance of
a “move” Voucher or Certificate and the family moves to a new jurisdiction, the
PHA in the new jurisdiction becomes the Receiving PHA and the Carlsbad
Authority is no longer involved.
August 2,1993 Page 46
,-
CHAPTER XI
OTHER PROGRAMS AND ASSISTANCE
11,1 Homeless Voucher Prowam
Pursuant to the Notice of Funding Available (NOFA) published July 29, 1992, the Carlsbad
Housing Authority was awarded 25 Vouchers. As stated in the application, the Authority intends
to allocate 70% (19) of those units to the homeless population.
11.2 Definition
An individual or family who lacks a fixed, regular and adequate night time residence; and has
primary night time residence that is:
A. A supervised publicly .or privately operated shelter designed to provide temporary living
accommodations (including welfare hotels, congregate shelters, and transitional housing for
the mentally ill);
B. An institution that provides a temporary residence for individuals intended to be
institutionalized;
C. A public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
A “homeless family” does not include any individual imprisoned or otherwise detained
pursuant to an act of congress or a State Law.
11,3 Program Design and Outreach
A. The purpose of the Homeless Voucher Program is to provide rental assistance for those
homeless families who are ready for permanent housing, have a source of income and have
contracted with a Social Service Agency for ongoing supportive services. All assisted
families must come from the Section 8 waiting list and must meet all other eligibility
criteria.
Supportive services or case management services may include but not be limited to:
advocacy, counseling, tenant education, money management and job training referrals,
child care referrals, children’s services, health service referrals, mental health counseling,
housing search and owner-tenant problem solving. Follow-up for those families will
continue for a least six months, with quarterly evaluations, in order to assist the family to
become self-sufficient.
August 2, 1993 Page 47
B. All applicants for the program must come from the Section 8 waiting list. Outreach for
this program will follow the same process as the existing Section 8 Program. Upon
execution of this new ACC the existing waiting list will be screened for those applicants
who claim a homeless preference. They will be informed of the goals and regulations of
the Homeless Voucher Program. Additionally, linkage will be made with those social
service agencies who serve the homeless population to ensure they are aware of this
program and it’s regulations. Once the 19 Vouchers that are allocated for this program
have been issued, a waiting list of other eligible applicants will be maintained for future
vacancies or new allocations. If the 19 Vouchers can not be leased to the targeted
population, they will be leased to other eligible applicants while the outreach process
continues.
Applicants certifying themselves as homeless can be documented or verified by social
service agencies that work with the homeless population. Attached is the verification form
a social service agency may use to document the homeless status of an applicant, their
income source and contractual agreement.
11.4 @wle Room Occuuancv
Eligible Families will have the option of renting a Single Room Occupancy (SRO) unit. The Fair
Market Rent (FMR) will be 75% of the Studio FMR. The payment standard will be 95% of the
Studio FMR. Section 8 Housing Quality Standards will apply for SRO units with the following
modifications or additions:
1. The unit must contain a refrigerator of appropriate size.
2. Bathroom facilities do not have to be located in the unit, but must be easily accessible to
the tenant. The bathroom facilities must allow for privacy, must be adequate for the
number of tenants who share the facilities and must be maintained in a sanitary condition.
3. A kitchen area used for preparation and storage of food does not have to be located in the
unit. Dining facilities must be located within a four (4) block radius of the unit.
4. The unit must have private access.
5. The City of Carlsbad and the Carlsbad Housing Authority are required to certify to HUD
that the property meets applicable health and safety standards.
August 2,1993 Page 48