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HomeMy WebLinkAbout1999-12-14; Housing & Redevelopment Commission; 316; Section 8 Management Assessment ProgramAB# 34 MTG. a DEPT. H/RED - 7 y / HOUSING AND REDEVELOPMENT COMMISSION 0 AGENDA BILL TITLE: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) CERTIFICATION RECOMMENDED ACTION: ADOPT Housing and Redevelopment Commission Resolution No. dw . APPROVING the Section 8 Management Assessment Program (SEMAP) Certification and authorizing the Chairperson of the Housing and Redevelopment Commission and the Housing Agency Executive Director to execute the SEMAP Certification for submission to the U.S. Department of Housing and Urban Development. JTEM EXPLANATION The Housing and Redevelopment Department (“Housing Agency”) administers the Federal Section 8 Tenant-Based Rental Assistance Program for the City of Carlsbad. On October 13, 1998, a new Federal regulation became effective requiring Housing Agencies to annually submit a Section 8 Management Assessment Program (SEMAP) Certification. SEMAP enables HUD to ensure program integrity and accountability by identifying Housing Agency’s management capabilities and deficiencies. Housing Agencies can also use the SEMAP performance analysis to assess their own program operations. SEMAP measures 14 performance indicators and one bonus performance indicator. HUD will utilize a variety of methods to verify the Housing Agency’s SEMAP Certification including an independent audit, on- site reviews, financial document reviews and an automated database known as the Multifamily Tenant Characteristics System (MTCS). During this first year of implementation, HUD will not assign overall performance ratings. This first SEMAP Certification will serve as a trial of the process and give Housing Agencies the opportunity to evaluate their program operations. As shown in the attached SEMAP Certification, the City’s Section 8 program complies with the majority of the SEMAP indicators. The Housing Agency is implementing procedures for the following deficiencies that have been identified: l Performance Indicator 6 - Housina Quality Standards (HQS) enforcement. In past years, HUD did not require Housing Agency’s to track failed units. Therefore, quality control samples have not been monitored by the agency on units that failed inspection. As a result, it is impossible to determine if this Performance Indicator has been met. To prepare for future SEMAP Certifications, a system has been recently implemented by the agency that tracks all case files with failed HQS inspections. In addition, there has been a change in procedure to more effectively ensure that repairs are inspected within the required time frame. Page 2 of Agenda Bill No. 34 l Performance Indicator 7(c) - Expandina Opportunitv Maps. Per Certification requirements, staff will prepare maps that show various areas with housing opportunities outside areas of poverty and minority concentration and include this in the information packets. l Performance Indicator 13 - Lease-up. Based upon interpretation of the regulations, it appears HUD requires that a Housing Agency achieve a 100% lease rate to state “yes” on the Certification form. The Agency’s lease rate for the fiscal year ending June 30, 1999 was 96%. The lease rate has been difficult to maintain due to the extremely tight rental market in Carlsbad. The Agency will continue ongoing efforts to obtain a 100% lease rate. SUMMARY As noted above, 1998-99 is the first year in which the Housing Agency is required to submit its SEMAP Certification to the U.S. Department of Housing and Urban Development. Overall, the Agency has performed well according to the indicators noted in the attached Certification. Next year, it is anticipated that the Agency will receive a performance ranking as a result of the program assessment. The attached Certification allows for a test of the system and an assessment of current Agency operations. The Agency will address the identified performance deficiencies to prepare for next year’s SEMAP Certification and related rankings. STAFF RECOMMENDATION Staff recommends that the Commission accept the SEMAP Certification and authorize the Commission Chairperson and Agency Executive Director to execute it for submittal to the U.S. Department of Housing and Urban Development. FISCAL IMPACT There is no immediate fiscal impact. In future years, the independent audit costs may increase due to additional compliance testing. HUD will compensate the HA for any increased auditing costs. EXHIBITS 1. Housing and Redevelopment Commission Resolution No. a#’ 2. SEMAP Certification 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 318 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) CERTIFICATION AND AUTHORIZING THE CHAIRPERSON OF THE HOUSING AND REDEVELOPMENT COMMISSION AND THE HOUSING AGENCY EXECUTIVE DIRECTOR TO EXECUTE THE SEMAP CERTIFICATION FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) WHEREAS, the Housing and Redevelopment Commission (“Housing Agency”) administers the Section 8 Tenant-Based Rental Assistance Program; and WHEREAS, on October 13, 1998, the Department of Housing and Urban Development (HUD) published a rule requiring Housing Agencies (HA) to submit a Section 8 Management Assessment Program (SEMAP) certification; and WHEREAS, the Department of Housing and Urban Development (HUD) further requires that the Housing and Redevelopment Commission approve the SEMAP certification, and authorize the Chairperson of the Housing and Redevelopment Commission and the Housing Agency Executive Director to execute the SEMAP certification for submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. The SEMAP certification for the fiscal year ending June 30, 1999 is hereby approved. The Chairperson of the Housing and Redevelopment HRC REBO. NO. PAGE 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1% 16 17 18 19 20 21 22 23 24 25 26 27 28 Commission and Housing Agency Executive Director are hereby authorized to execute the SEMAP certification and submit it to the U.S. Department of Housing and Urban Development. PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 14th day of December, 1999 by the following vote, to wit: AYES: Commission MemIxers--Lewis, Hall, Finnila, Nygaard, Kulchin NOES: None ABSENT: None ABSTAIN: None ATTEST: HRCRESO.NO. PAGE2 Section 8 Management Assessment U.S. Department of Housing OMB Approval No. 2577-0215 (exp. l/31/2000) Program (SEMAP) and Urban Deve,opment Certification Office of Public and Indian Housing EXHIBIT 2 Public reporting burden for this collection of information is estimated to average 5.0 hours per response, including the timbr reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of intiation. This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently vdiOMB control number. This collection of information is required by 24 CFR set 985.101 which requires a Housing Agency (HA) administering a SectionOnant-basedassistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the HPoacerns the performance of the HA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and bbr data to assess HA management capabilities and deficiencies, and to assign an overall performance rating to the HA. Responses are mandatory an&b information collected does not lend itself to confidentiality. Instructions: Respond to this certification form using the HA’s actual data. HA Name For HA Fiscal Year Ending CARLSBAD HOUSING AGENCY JUNE 30, 1999 Submission Date DECEMBER 14, 1999 Check here if the HA expends less than $300,000 a year in Federal award : 7 Indicators 1 - 7 will not be rated if the HA expends less than $300,000 a year in ederal awards and its Section 8 programs ZIII& audited for compliance with regulations by an independent auditor. An HA that expends less than $300,000 in Federal awards in a yearust still complete the certification for these indicators. Performance Indicators 1. Selection from the Waiting List. (24 CFR 98254(d)(l) and 962.204(a)) (a) The HA has written policies in its administrative plan for selecting applicants from the waiting list. HA Response Yes @ No cl (b) The HA’s quality control samples of applicants reaching the top of the waiting list and admissions show that at least 96BLf the families in the samples were selected from the waiting list for admission in accordance with the HA’s policies and met the selection criteria that detmined their places on the waiting list and their order of selection. 2. HA Response Yes Q No I Reasonable Rent. (24 CFR 962.4, 962.54(d)(15), 982.158(f)(7) and 982.503) (a) The HA has and implements a reasonable written method to determine and document for each unit leased that the rent to ownis reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to crier, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. Thefkis method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenit& housing services, maintenance or utilities provided by the owners. HA Response Yes m No cl (b) The HA’s quality control sample of tenant files for which a determination of reasonable rent was required shows that theATollowed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): HA Response m At least 98% of units sampled n 80 to 97% of units sampled ) Less than 80% of units sampled 3. Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516) The HA’s quality control sample of tenant files shows that at the time of admission and reexamination, the HA properly obtainellhird patty verification of adjusted income or documented why third party verification was not available; used the verified information in determiningdjusted income; properly attributed allowances; and, where the family is responsible for utilities under the lease, the HA used the appropriate utili$llowances for the unit leased in determining the gross rent for (check one): HA Response m At least 99% of files sampled n 80 to 89% of files sampled n Less than 80% of files sampled 4. Utility Allowance Schedule. (24 CFR 982.517) The HA maintains an up-to-date utility allowance schedule. The HA reviewed utility rate data that it obtained within the la92 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility al(gnce schedule was revised. HA ResDonse Yes DEl No i--i 5. HQS Quality Control Inspections. (24 CFR 962.405(b)) An HA supervisor (or other qualified person) reinspected a sample of units during the HA fiscal year, which met the minimum s@e size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The HA supervisor’s reinspected sample was drawn from recentl$ompleted HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors. HA Response Yes m No cl 6. HQS Enforcement. (24 CFR 982.404) The HA’s quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life-tbatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 3CBlendar days from the inspection or any HA-approved extension, or, if HQS deficiencies were not corrected within the required time frame, the HA stqsed housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action tenforce the family obligations for (check one): HA Response 0 At least 98% of cases sampled m Less than 98% of cases sampled form HUD-52648 (6/99) Previous edition is obsolete Page 1 of 3 ref. 24 CFR Part 985 7. Expanding Housing Opportunities. (24 CFR 98254(d)(5), 962.153(b)(3) and (b)(4), 982.301 (a) and 983.301 (b)(5) and (b)(lB)XApplies only to HAs with jurisdiction in metropolitan FMR areas). Check here if not applicable: 0 (a) The HA has a written policy to encourage participation by owners of units outside areas of poverty or minority concent& which clearly delineates areas in its jurisdiction that the HA considers areas of poverty or minority concentration, and which includes actions the HAiUltake to encourage owner participation. HA Response Yes Q No 0 (b) The HA has documentation that shows that it took actions indicated in its written policy to encourage participation by OVBTS outside areas of poverty and minority concentration. HA Response Yes Q No I (c) The HA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunitieeutside areas of poverty and minority concentration; the HA has assembled information about job opportunities, schools and services in these areas; anthe HA uses the maps and related information when briefing certificate and voucher holders. HA Response Yes m No m a. (d) The HA’s information packet for certificate and voucher holders contains either a list of owners who are willing to leasqr properties available for lease, under the rental voucher or certificate programs, or a list of other organizations that will help families find units atthe list includes properties or organizations that operate outside areas of poverty or minority concentration. HA Response Yes m No I (e) The HA’s information packet includes an explanation of how portability works and includes a list of neighboring HAS witthb name, address and telephone number of a portability contact person at each. HA Response Yes &j No I (1) The HA has analyzed whether certificate and voucher holders have experienced difficulties in finding housing outside areaef poverty or minority concentration and, where such difficulties were found, the HA has considered whether it is appropriate to seek approval of areaxception rents in any part of its jurisdiction and has sought HUD approval when necessary. HA Response Yes m No cl FMR Limit and Payment Standards. The initial gross rents for at least 98% of units newly leased under the rental certificatprogram, other than over- FMR tenancies, are at or below the applicable FMR or approved exception rent limits and the HA has adopted current payment stafards for the rental voucher program by unit size for each FMR area in the HA jurisdiction and, if applicable, for each HUD-approved exception reetea, which do not exceed the current applicable FMR or HUD-approved exception rent limits and which are not less than 80 percent of the current FMR/ex@ion rent limit (unless a lower percent is approved by HUD). (24 CFR 982.508(a) and .505(b)(3)) HA Response Yes m No I Enter current FMRs and payment standards (PS) O-BR FMR 510 l-BR FMR 583 2-BR FMR 729 3-BR FMR 1,014 4-BR FMR 1,196 PS 510 PS 583 PS 729 PS 1,014 PS 1.196 If the HA has jurisdiction in more than one FMR area, and/or if HUD has approved exception rent areas, attach similar FMR anwment standard comparisons for each FMR and exception rent area. 9. Annual Reexaminations. The HA completes a reexamination for each participating family at least every 12 months. (24 CFR 518) HA Response Yes El No i----l 10. Correct Tenant Rent Calculations. The HA correctly calculates tenant rent in the rental certificate program and the family’share of the rent to owner in the rental voucher program. (24 CFR 982, Subpart K) HA Response Yes Q No I 11. Precontract HQS Inspections. Each newly leased unit passed HQS inspection before the beginning date of the assisted leasend HAP contract. (24 CFR 982.305) HA Response Yes Ixx No I 12. Annual HQS Inspections. The HA inspects each unit under contract at least annually. (24 CFR 982.405(a)) HA Response Yes Ixx] No cl 13. Lease-Up. The HA executes assistance contracts on behalf of eligible families for the number of units that has been undentdget for at least one year. HA Response Yes 0 No 14a. Family Self-Sufficiency Enrdlment (Applies only to HAs required to administer an FSS program). The HA has enroiled familiea FSS as required. (24 CFR 984.105) HA Response a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through the 2nd to last completed Federal FY. Exclude units funded in connection with Section 8 and Section 23 project- based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221 (d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) 1 or, Number of mandatory FSS slots under HUD-approved exception ( Previous edition is obsolete Page 2 of 3 form HUD-52648 (6/99) ref. 24 CFR Part 985 , n b. Number of FSS families currently enrolled c. Portability: If you are theinitial HA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another HA 10( Percent of FSS slots filled (b + c divided by a) 13 or, Not Applicable 0 14b. Percent of FSS Participants with Escrow Account Balances (Applies only to HAS required to administer an FSS program). TNJA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balance (24 CFR 984.305) HA Response Yes /iiJ No cl a. Portability: If you are theinitiat HA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another HA or, Not Applicable n Deconcentration Bonus indicator (Optional and only for HAS with jurisdiction in metropolitan FMR areas). The HA is submitting with this certification data which show that: (1) Half or more of all Section 8 families with children assisted by the HA in its principal operating area resided in low powcensus tracts at the end of the last HA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the HA’s principal operatimea during the last HA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty censuets at the end of the last HA FY; (3) ;ke percent of Section 8 mover families with children who moved to low poverty census tracts in the HA’s principal operatiwea over the last two HA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low povgrbensus tracts at the end of the second to last HA FY. HA Response Yes I No r---l if yes. attach comoieted deconcentration bonus indicator addendum. I hereby certify that, to the best of my knowledge, the above responses under the Section 8 Management Assessment Program (SE- are true and accurate for the HA fiscal year indicated above. t also certify that, to my present knowledge, performance that casts doubt on the HA’s capacity to administer Section 8 rental assistance in accordance ents. Conviction may result in cd , 1012; 31 U.S.C. 3729,3892) nature & date The HA may include with its SEMAP certification any information bearing on the accurar$67ccmpletene& onhe i$ormation us&Q the HA in providing its certification. Previous edition is obsolete Page 3 of 3 form HUD-52648 (6/99) ref. 24 CFR Part 985 n