HomeMy WebLinkAbout1995-05-16; Housing & Redevelopment Commission; 269; MOU with other Local Housing AgenciesI g$&f L,j 0 HOUSING or REDEVELOPMENT COMMiiON - AGENDA BILL m
AB# ace 4 TITLE: DEPT. HD. ta&?
APPROVE THE HOUSING AUTHORITY’S MTG. ‘$--/ & - f% PARTICIPATION IN A MEMORANDUM OF CITY All-Y. M
DEPT. H/RED UNDERSTANDING WITH OTHER LOCAL HOUSING
AGENCIES I CITY MGR.
~ RECOMMENDED ACTION:
ADOPT Housing and Redevelopment Commission Resolution No. ab 5 , APPROVING the
participation of the Housing Authority in a Memorandum of Understanding with other local
Housing Agencies and authorizing the Housing and Redevelopment Director to execute said
document.
ITEM EXPLANATION:
Pursuant to the goals of the Department of Housing and Urban Development (HUD), to provide
a wide choice of housing opportunities for low-income families, the Housing Authorities of the
cities of Carlsbad, Encinitas, National City, Oceanside, San Diego City and San Diego County
have developed and now desire to enter into the attached Memorandum of Understanding
(MOU). This MOU provides a simplified and standard process of administering rental assistance
for those families who wish to move from the jurisdiction of one Housing Authority to the
jurisdiction of another Housing Authority. Additionally, HUD offers extra points to the applications
of those Housing Authorities who have entered into such agreements when applying for
additional rental assistance.
This MOU does not require any changes to the current administration of, or policies governing
the Rental Assistance Program. It is an administrative tool which clarifies and reaffirms how the
agencies’ will coordinate activities within current Federal Regulations.
FISCAL IMPACT:
There is no fiscal impact with this action.
EXHIBITS:
1. Memorandum of Understanding
2. Housing and Redevelopment Commission Resolution No. 2 6 5 , approving the
Housing Authority’s participation in a Memorandum of Understanding and authorizing the
Housing and Redevelopment Director to execute said document.
MEMORANDUM OF UNDERSTANDING
AMONG THE
HOUSING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA,
HOUSING AUTHORITY OF THE CITY OF ENCINITAS, CALIFORNIA,
HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY, CALIFORNIA,
HOUSING AUTHORITY OF THE CITY OF OCEANSIDE, CALIFORNIA,
HOUSING AUTHORITY OF THE COUNTY OF SAN DIEGO, CALIFORNIA,
HOUSING COMMISSION OF THE CITY OF SAN DIEGO, CALIFORNIA
for Interjurisdictional Administration of Section 8
Rental Certificate and Rental Voucher Programs
This Memorandum of Understanding (MOU) is entered into this -day of- 19-y by and among the Housing Authority of the City of Carlsbad, Housing Authority of the City of
Encinitas, Housing Authority of the City of National City, Housing Authority of the City of
Oceanside, Housing Authority of the County of San Diego, and the Housing Commission of the
City of San Diego, each of which is a public body corporate and politic of the State of California
(hereinafter referred to, individually, as a “Housing Authority” and, collectively, as the
“Housing Authorities”, for the purpose of establishing procedures and guidelines relating to
Interjurisdictional Administration of the U.S. Department of Housing and Urban Development
(HUD) Section 8 Rental Certificate and Rental Voucher Programs (“Programs”).
PURPOSE
The six geographic areas covered by the Housing Authorities are contiguous to one another and
are encompassed by one county, the County of San Diego. Therefore, the Housing Authorities
desire to collectively execute this MOU in order to promote the objective of allowing mobility
and freedom of choice for low-income families seeking housing assistance under the Programs.
This MOU is also intended to simplify, facilitate and standardize interjurisdictional
administration of the Programs by eliminating often cumbersome procedures which would
otherwise be necessary under the “Portability” requirements.
DEFINITION OF TERMS
For the purposes of this document the following Definition of Terms have been agreed upon by
the Housing Authorities:
A. The term “Annual Contributions Contracts”(ACC) shall mean a written agreement
between HUD and a local Contract Administrator to provide annual contributions
to cover housing assistance payments and other expenses pursuant to the Section
8 Program.
B. The term “Certificate(s) or Voucher(s)” means a Section 8 Rental Certificate(s)
or Voucher(s) issued under the U.S. Department of Housing and Urban
Development Program.
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C. The term “Receiving Housing Authority” shall mean the Housing Authority in the
jurisdiction to which the family wishes to move and which is not the “Initial
Housing Authority”.
D. The term “Receiving Jurisdiction” shall mean the jurisdiction where the “Initial
Housing Authority” is not otherwise authorized to administer its Programs, but
to which an eligible family wishes to move and use the Section 8 Certificate or
Voucher issued by the “Initial Housing Authority”.
E. The term “Housing Quality Standards” (HQS) shall mean the minimum standards
designed to protect the health and safety of tenants.
F. The term “Initial Housing Authority” shall mean the Housing Authority that
issued the Section 8 Certificate or Voucher.
G. The term “jurisdiction” shall mean the geographical area of operation within
which a Housing Authority normally administers its Programs.
H. The term “Portability” shall mean the ability of a family to move from a Public
Housing Authorities’ jurisdiction to another location.
I. The term “HUD Portability Procedures” shall mean the procedures required by
federal regulations governing the use of Certificates or Vouchers in jurisdictions
of other public housing agencies in the absence of a voluntary mobility
arrangement between or among the agencies.
RECITALS
A. The Programs, established pursuant to the provisions of Section 8 of the U.S. Housing
Act of 1937, authorize the payment of rental subsidies to private owners of housing units
on behalf of eligible families leasing in those units.
B. The applicable federal regulations for the Programs, contained in 24 CFR Part 882 and
887, encourage Public Housing Authorities to provide families with the broadest
geographical choice of units, both within and outside their respective jurisdictions, and
24 CFR 887.55 1 provides that public housing agencies should foster a wide choice of
housing opportunities for families through interjurisdictional mobility by developing
administrative arrangements with other public housing agencies in the same geographical
area to permit voucher and certificate holders to seek housing in the broadest possible
area. Furthermore, 24 CFR 887.551 contains a “Portability” provision that, in the
absence of voluntary mobility arrangements between or among public housing agencies,
require the public housing agency that has jurisdiction in the location to which an eligible family wishes to move to accept and provide services to that family.
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A. The Housing Authorities are public housing agencies that are located and duly authorized
to operate as such in the State of California.
B. Each Housing Authority has entered into an Annual Contributions Contract with the
United States Department of Housing and Urban Development (HUD) to administer the
Programs, has its own geographical area within which it is authorized to administer the
Programs.
In consideration of the mutual advantages to be derived from this MOU, the Housing Authorities
agree to the following provisions:
I. Interiurisdictional Program Administration
A.
B.
C.
D.
E.
F.
It is hereby agreed that the Housing Authorities will cooperate with one another
to the maximum extent possible, including sharing and exchanging information
which may be necessary for the effective implementation of this MOU. Such
information shall include, but shall not be limited to, periodic notification by each
Housing Authority indicating the families who have accrued accounts receivables,
The accounts receivable listing will consist of the name, social security number
and amount of individual accounts receivable.
It is further agreed that in cases where families exercise portability options within
the area encompassed by this MOU, that the Initial Housing Authority will issue
the Certificate of Family Participation (CFP) or Housing Voucher for an initial
period of 120 days.
It is further agreed that in facilitating the portability move of a family, the Initial
Housing Authority will ensure that the most current documents needed to certify
the family are forwarded to the Receiving Housing Authority.
It is further agreed that to the extent possible, the Receiving Housing Authority
will absorb portable families and promptly notify the Initial Housing Authority
of its intent.
It is further agreed that the Initial Housing Authority will make prompt payment
of the full amount of housing assistance payments made by the Receiving Housing
Authority on behalf of the family. The Initial Housing Authority will also make
prompt payment of 80 percent of its on-going administrative fee for each unit
month that the family is receiving housing assistance in the Receiving Housing
Authority’s jurisdiction.
It is further agreed that the Receiving Housing Authority will notify the Initial
Housing Authority of the intent of a family to make a subsequent portability move
prior to issuing a CFP or Housing Voucher.
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G. It is further agreed that the Receiving Housing Authority will immediately notify
the Initial Housing Authority when a portable family in the Receiving Housing
Authority’s jurisdiction is no longer eligible for rental assistance.
II. Individual Housinp Authority Administrative Plans - General Rule
Cognizant of the fact that their respective Administrative Plans may not be identical in
all respects, the Housing Authorities hereby agree that, the Administrative Plan of the
Receiving Housing Authority shall apply in the administration of any Certificate or
Voucher. However, pursuant to the purposes and goals of this MOU, where feasible the
Housing Authorities agree to implement the following provisions in their individual
Administrative Plans:
A. General Provisions
It is hereby agreed that whenever a Certificate or Voucher issued by an Initial
Housing Authority is to be used in another jurisdiction, the administrative plan
of the Receiving Housing Authority will apply.
B. Payment Standards and Utilitv Allowances
The Housing Authorities shall exercise due diligence in adopting Payment
Standards and Utility Allowances that are reflective of current market conditions.
The Housing Authorities agree that payment standards adjusted annually at 80%
to 100% of the published FMR schedule are reasonable. Additionally, the
Housing Authorities agree that, to the extent possible, Utility Allowances shall
be similar to one another in regards to unit type and size.
C. Securitv Denosit for Voucher Holders
The Housing Authorities agree to implement as policy the requirement for
Voucher Holders to pay one month’s contract rent as a security deposit when
leasing a new unit.
D. Denial of Moves or Admission
The Housing Authorities agree to deny participants requests to move or issue a
CFP or Housing Voucher to applicants who have a balance due on a receivable
account with any of the other Housing Authorities.
E. Family Self-Sufficiencv Shared Resources
To the extent possible, the Housing Authorities agree to share resources
developed in support of the Family Self-Sufficiency Program. Items shared may
include but are not limited to, joint use, staffing, and administrative costs as
negotiated by a Program Coordinating Committee (PCC), materials developed,
ideas or strategies used to better serve the clients, available community resources and information obtained from other resources.
F. Metrouolitan Wide Waiting List
The Housing Authorities agree that the implementation of a metropolitan wide or
combined waiting list is an effective means of facilitating the transfer of families and
their rental assista.nce between Housing Authority jurisdictions. However, due diligence
should be exercised in the establishment of such a waiting list. Therefore the Housing
Authorities agree to:
Conduct workshops to define and establish the operating procedures for a
metropolitan wide’ waiting list. Those workshops will include Non-Profit
Organizations with the capability of managing such a waiting list as well as
Tenant and Resident Groups which will be affected by it.
During the interim period, the Housing Authorities agree to establish information banks
to educate applicants who do not qualify for a residency preference of the existence of
a Housing Authority whose jurisdiction covers the area in which the applicant lives or
works and assist them in the application process.
III. MOU Linhtations
This MOU is intended solely for the Programs and for no other programs which may be
administered by the Housing Authorities. This MOU shall not conflict with nor prejudice
federal regulations regarding “Portability” under the Programs as they relate to other
public housing agencies not participating in ‘this MOU.
Iv. Transition Period for Initial hnolementation of MOU
Upon execution of this MOU, the Housing Authorities shall undertake the necessary
procedures in order to comply with the provisions of this MOU. This transition period
shall not exceed one (I) year from the execution of this MOU.
V. Termination of Particbation
A. It is hereby agreed that a Housing Authority may terminate its participation in the
MOU at any time by giving at least sixty (60) calendar days written notice to the
other Housing Authorities. The termination of participation in this MOU by one
Housing Authority shall not terminate the entire MOU and the MOU shall
continue among or between the remaining Housing Authorities. In such instance,
only the jurisdictions of the remaining Housing Authorities will be covered by
this MOU.
B. Any Certificates or Vouchers of the Housing Authority which terminates its
participation under this MOU which are, on the date of such termination, subject
to this MOU shall thereafter bi: subject to the HUD Portability Procedures. The
Housing Authorities shall take the necessary steps to put the HUD Portability Procedures into effect for such Certificates or Vouchers within a reasonable time,
not to exceed one hundred twenty (120) calendar days, after such termination of
participation.
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VI. Term of MOU
The term of this MOU shall be for one (1) year from the date that it is first entered into
and shall thereafter be automatically renewed on a year-to-year basis until this MOU is .
terminated by any Housing Authority pursuant to Section V above or until all of the
Housing Authorities consent to its termination, in which event Paragraph B of Section
V above shall apply to all of the Certificates and/or Vouchers of each of the Housing
Authorities that are then outstanding. If only one Housing Authority wishes to terminate
its participation, Paragraph A of Section V, above shall apply.
NOW, THEREFORE, as the Governing Official of each of the Housing Authorities has duly
authorized, and in witness of the foregoing, the Housing Authorities hereby execute this
Memorandum of Understanding.
Evan E. Becker, Housing and Redevelopment
Director City of Carlsbad Housing Authority
~Latt?en M,_Wasserman, Executive Director
City of,@cinjtas Housing Authority &gj$(&A,
Paul Desrochers, Executive Director
Community Development Commission of the
City of National City
I Richard V. Goodman, Housing Director
Oceanside Community Development Commission
Edward Baker, Acting Deputy Director Housing
Authority of the County of San Diego
fLl.- Eliza%etfi Norrid, Executive Director
Date
Date
-fi/-~/t yy
Date
4/I5 4/L-2
Date
Y/!&+
Date
Y-12 --Pi’
Date San Die@ Housing Commission
RH:arb
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1 HOUSING & REDEVELOPMENT COMMISSION RESOLUTION NO. 265
A RESOLUTION OF THE HOUSING &I REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE HOUSING AUTHORITY'S PARTICIPATION IN A MEMORANDUM OF UNDERSTANDING AND AUTHORIZING THE HOUSING AND REDEVELOPMENT DIRECTOR TO EXECUTE SAID DOCUMENT.
WHEREAS, the U.S. Department of Housing and Urban
6 Development (HUD) has established a goal of providing the
7 widest choice of housing opportunities possible for low-income
8 families; and
9 WHEREAS, the Housing Authorities of the cities of
10 Carlsbad, Encinitas, National City, Oceanside, San Diego City
11 and San Diego County have developed a Memorandum of
12 Understanding to facilitate HUD's goal.
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/I NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing
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and Redevelopment Commission of the City of Carlsbad,
California as follows:
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II 1. That the above recitations are true and correct.
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II 2. That the Housing and Redevelopment Commission hereby
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II approves the Housing Authority's participation in a Memorandum
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Of Understanding and authorizing the Housing and Redevelopment
Director to execute said document.
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1 PASSED, APPROVED AND ADOPTED at a special meeting df
2 the Housing & Redevelopment Commission of the City of Carlsbad,
3 California, held on the 16th day of MAY 1995, by
4 the following vote, to wit:
5 AYES: Commissioners Lewis, Nygaard, Kulchin, Finnila, Hall
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NOES: None
7 ABSENT: None
8 ABSTAIN: None
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44 I( ATTEST:
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