HomeMy WebLinkAbout1993-08-12; Housing Commission; ; REVISED SECTION 8 ADMINISTRATIVE PLANSTAFF REPORT
DA TE: AUGUST 12, 1993
TO: HOUSING COMMISSION
ITEM4
STAFF PERSON: Reginald Harrison
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
SUBJECT: REVISED SECTION 8 ADMINISTRATIVE PLAN: Request for Housing
Commission approval of a recommendation to the Housing and Redevelopment
Commission to submit a revised Section 8 Administrative Plan to the Department
of Housing and Urban Development.
I. RECOMMENDATION
That the Housing Commission ADOPT Housing Commission Resolution No. 004 recommending
the submission of the revised Section 8 Administrative Plan to the Department of Housing and
Urban Development. •
II. BACKGROUND
The Section 8 Rental Assistance Program is goYemed by Federal Regulations and the local
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.
Periodically it is necessary to revise the Administrative Plan in order to:
• reflect changes in Federal Regulations;
• reflect local discretionary decisions; and
• ensure the effective administratio11 of the program.
III. ANALYSIS
The Section 8 Administrative Plan is a refinement of the Federal Regulations to allow input from
the local Housing Agency in the administration of the Section 8 Program. It is an essential and
required document for all Housing Authorities. If approved, the Administrative Plan will govern
the expenditures of approximately $3~000,000 received annually for rental assistance and
supportive services.
REVISED SECTION 8 AC .NISTRA TIVE PLAN
AUGUST 12, 1993
PAGE 2
ATTACHMENTS
I. Housing Com.mission Resolution No. 004
2. City of Carlsbad Revised Housing Authority Administrative Plan.
RH:vd
August 5, 1993
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HOUSING COMMISSION NO, 004
A RESOLUTION OF THE HOUSING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF SUBMITIAL OF THE REVISED SECTION 8
ADMINISTRATIVE PLAN TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
WHEREAS, the Housing Commission recommends approval of the submittal of
the Revised Section 8 Administrative Plan to the Department of Housing and Urban
10 Development; and
11 WHEREAS, the City of Carlsbad is committed to continuing to provide low-
12 income housing in the City as it outlined in the Housing Element of the General Plan and in the
13 Comprehensive Housing Affordability Strategy (CHAS), a five year plan to increase assisted
14 housing which is required by HUD.
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NOW, TIIEREFORE, BE IT HEREBY RESOLVED by the Housing Commission
17 of the City of Carlsbad, California, as follows:
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The above recitations are true and correct.
The Housing Commission hereby recommends the submittal of the Revised
Administrative Plan to the U.S. Department of Housing and Urban Development.
The Housing Commission hereby recommends the Housing and Redevelopment
Director to execute documents required for the submittal of said Plan.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housins
Commission of the City of Carlsbad, California, held on the 12th day of August, 1993 by the
following vote, to wit:
AYF.S:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
EVAN BECKER
EDWARD SCARPELLI, Chairperson
HOUSING COMMISSION
15 HOUSING AND REDEVELOPMENT DIRECTOR
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CITY OF CARLSBAD
HOUSING AUTHORITY
ADMINISTRATIVE PLAN
FOR
THE SECTION 8 HOUSING ASSISTANCE
.PAYMENTS PROGRAMS
Certificates
Housing Vouchers
Revised August 1993
TABLE OF CONTEN1'S
INTRODUCTION
I. GLOSSARY OF TERMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1
II. ORGANIZATIONAL STRUCTURE. . . . . . . . . . . . . . . . . . . . . . . . . Page 6
m. ELIGIBILITY FOR ADMISSION . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 8
IV. OCCUPANCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 15
V. LEASING FUNCTIONS ................................ Page 19
VI. INSPECTIONS AND RENT REASONABLENESS . . . . . . . . . . . . . . . . Page 21
Housing Quality Standards
Rent Reasonableness/Fair Market Rents
VII. ANNUAL OCCUPANCY CYCLF.S ......................... 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
VIIl. 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 46
Homeless Voucher Program
Single Room Occupancy
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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 s Certificate Promm
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.
Aqmt2, 1993
Section 8 Housina Voucher Proaram
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 RF.sPONSIBILITIES OF KEY PROGRAM PLAYERS
OVERVIEW
• 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.
• 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.
• 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.
mE ROLE OF HUD
• HUD has four (4) major responsibilities:
AupstJ,1993
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.
TI1E ROLE OF THE OWNER
• 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) .
.,
• Owner responsibilities are defined in the HAP Contract, the Lease Agreement and 24 CFR
Part 882.
THE ROLE OF TIIE FAMILY
• 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.
• Family obligations are defined in the Certificate of Family Participation, in the Lease
Agreement and in 24 CFR Part 882.
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CITY OF CARLS/:JAD
Section B Rental Assistance .Program •
Lease Agreement
CHAPTER I
GWSSARY 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 PARTICIPATION. 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 ofthe 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.
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DISABLED PERSON. •oisabled 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 llOUSEHOLD. 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
owner, 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.
FULL-TIME 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.
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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 sui~ble 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 TIP.
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 all sources of each member of the household as determined in accordance
with criteria established by HUD.
INCO:ME 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 shall 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 I.ease 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 INCO:ME 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 INCO:ME 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 levels of construction costs or unusually high or low incomes.
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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. BMIR Rentals. Market rent equals 110% of the BMIR contract rent.
2. 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 EXPENSF.S. 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 elderly 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.
MONTIILY ADJUSTED INCO:ME. 1/12 of the Annual Income after Allowances or Adjusted
Income.
MONTIILY INCOME. 1/12 of the Annual Income.
NET FAMILY ASSETS. Value of equity in savings, checking, IRA and Keogh 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).
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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.
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 (TIP). 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 f~om O 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.
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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 organii.ational 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 Redevetwment Director,
B.
The Housing and Redevelopment Director reports directly to the Community Development
Director and is responsible for the administration of Housing Programs and Staff.
Housing Program Manager,
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.
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D. Housing 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.
E. Clerk Typist II.
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 Inspector.
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. •
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CARLSBAD HOUSING AUTHORITY
Section 8 Rental Assistance Program
. . . . . . . . . . . ''... . . '' ' ........ .
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CHAPTERffl
ELIGIBILITY FOR ADMISSION
hl Eli&:ibility r or 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. •
U Federal Preferences and Local Priorities
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A. Federal Preferences:
The applicant must provide verification that he or she qualifies for a Federal
Preference as follows:
1. Applicants are considered "involuntarily displaced" if they have vacated
or must vacate their unit as a result of:
a.
b.
Disaster (e.g., flood or fire) that makes the unit uninhabitable.
Governmental action (federal, state or local body or agency)'.
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Aapst 2, 1993
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
o_f 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 o~y 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.
b.
No operable indoor plumbing or usable flush toilet or bathtub/shower inside
the unit for the exclusive use of the applicant family.
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.
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B.
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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
OBR
1 BR
2BR
3BR
4BR
5 BR
No. of persons
in Household
2 s
7
9
11
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.
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.
2.
3.
4.
s.
Head of Household or Spouse is a Veteran (or family of Veteran).
Head of Household or Spouse is participating in job training or academic
enrichment programs.
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.
Family resides in a Mobile Home Park within the City of Carlsbad.
Others·
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U Sc~nin& and Selection
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 QUALIFYING FOR A FEDERAL PREFERENCE:
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•
2.
3.
4.
5.
•
6.
7.
8.
9.
Families Living or Working in Carlsbad:
Head of Household or Spouse is a Veteran (or family of Veteran).
Head of Household or Spouse is participating in job training or . academic
enrichment programs.
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.
Family resides in a Mobile Home Park within the City of Carlsbad .
Others
Families Not Living or Working in Carlsbad:
Head of Household or Spouse is a Veteran (or family of Veteran)
Head of Household or Spouse is participating in job training or academic
enrichment programs.
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.
Others
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B. FAMILIES NOT QUALIFYING FOR A FEDERAL PREFERENCE:
• Families Living or Working in Carlsbad
1. Head of Household or Spouse is a Veteran (or family of Veteran)
2. Head of Household or Spouse is participating _in job training or academic
enrichment programs.
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. Family resides in a Mobile Home Park within the City of Carlsbad .
5. Others
• Fami1ies Not Living or Working in Carlsbad
6. Head of Household or Spouse is a Veteran (or family of Veteran).
7. Head of Household or Spouse is participating in job training or academic
enric}lment programs within the City of Carlsbad.
8. 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.
M Displaced Families
A. Applicants in the following categories will be issued Certificates or Housing Vouchers
before all others on the Waiting List.
1.
Aapst2,1993
Those Who Qualify for 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
Page 12
relocation assistance.
2. Those Who Do Not Qualify 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.
M 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.
Auaun 2, 1993 Page 13
M Notification of Eli&ible and Inelia:ible Applicants
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.
U Updatin& 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.
Auaust 2, 1993 Page 14
~ Determination or Eli1lbility
CHAY[ERIV
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 (1S) days of notification. A final
written decision will be sent to the applicant within ten (10) 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.
Aqust 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.
U Assienment 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 Size
OBR
1 BR
2BR
3 BR
4BR
S BR
Certificate/Voucher Assignment Standards
Minimum
No. of Persons
in Household
1
1
2
3
4 s
Maximum
No. of Persons
in Household
1
2
4
6
8
10
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.
Auaust 2, 1993
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.
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.
~ Brietma: and Issuance or Certificate/Vouchers
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 n:nm 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:
Families that have been issued a rental Voucher or Certificate prior to June 1993.
2. Participants receiving ~ntal assistance.
Aapst 2. 1993 Page 17
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.
F. 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).
G. Families receiving Certificates or Vouchers will be responsible for paying their own
security deposit.
H. 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.
I. Elderly families receiving Certificates or Vouchers may share housing on an individual
lease shared housing basis.
J. 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 h~dle such complaints.
U 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.
AqustJ,1993 Page i8
CHAPfERY
LEASING FUNCTIONS
M 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.
U lasin& Procedures
A. 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.
B. If the unit fails inspection or the lease is not acceptable, a notice of lease disapproval will
be sent to the owner.
C. 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.
D. Once the lease has been approved, the family may then proceed to move into the unit on
the scheduled date for occupancy.
E. The HAP Contract will take effect after the following items have occurred:
Aupst2,1993
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.
Auamt z, 1m Page 20
iJ. lnspectiQN
CHAPIERYI
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 stafrs 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).
Aasust 2, 1993 Page 21
U Housina QuaUty Standards
A. ITEMS THAT MUST BE IN GOOD CONDmON THROUGHOUT THE INTERIOR OF
TllE UNIT:
1. Cover plates for electrical switches or outlets (no cracked outlet covers, missing
cover plates, exposed fuse box connections or wires located in unsafe places).
2. All electrical outlets (duplex receptacles) must work properly and there must be two
(2) outlets per room or one overhead light and an outlet.
· 3. 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). • •
4. 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 opera~le
windows; minimum of one (1) operable window per room.
S. Ceilings and walls must not have large cracks, holes, be excessively dirty, peeling
paint, air infiltration or serious structural defects.
6. Floors (no large cracks, holes, tom carpet, unsanitary, severe buckling, or severely
chipped tile).
7. Unit should be free of mildew or mold (check under kitchen and bathroom sinks
and in closets).
8. Roof and windows should be free from signs of leaking.
9. Door stops required if there is a dent or hole behind door caused by door knob
banging the wall. •
10. No signs of infestation (roaches, mice or vermin).
11. A heating system should be present, working and properly vented.
12. Weather stripping on windows and doors required if the space between the frames
allows drafts.
13. 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.
Aupst 2, 1993 Page 22
Aupstl,1993
-a gas trap
-faucets that tum off completely
2. Stove should have:
-all burners on the stove must light automatically
-all knobs must be present
-the oven must be operable
-the stove should be clean inside and out
3. A refrigerator and freezer
4. An overhead light
S. All appliances and fixtures, if present, (e.g. disposal, fan over the range,
dishwasher).
6. 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
-a gas trap
-faucets that tum off completely
Page 24
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. Any 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 CONDmONS
1.
2.
Auaust2, 1993
The living environment of the site and neighborhood must not endanger the health
or safety of the residents or Housing Authority staff.
Serious criminal activity on or around a site, documented by police reports, may
be considered an unsafe living environment.
Page 25
U 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, 10-20% 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 10-20%
rent payment increases and has enough evidence to document a formal request to HUD for
the purpose of adjusting Fair Market Rents.
Auaust 2. 1993 Page 26
CHAPTERYill
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 billin,
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 denied 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:
Auaastl, 1993
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.
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 r or 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.
Y Dama2e Claims
A. The Move-out inspection reports will be documented as follows:
OK
SLIGHTLY DIRTY -
DIRTY =
VERY DIRTY =
EXTREMELY
Auau,st 2, 1993
NORMAL WEAR AND TEAR OR NOT TENANT
CHARGE
MINOR CLEANING NEEDED
CLEANING AND PAINTING NEEDED
HEAVY CLEANING NEEDED AND PAINTING NEEDED
(CARPET)
CARPET REPLACEMENT NOT QUESTIONED
(WORST POSSIBLE CONDmON)
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:
rrnM LIFE EXPECTANCY
PAINTING
LINO/TILE FLOORS
DRAPES
REFRIGERATOR/STOVE
CARPET
3 YEARS
10 YEARS
4 YEARS
10 YEARS
5 YEARS (7 YEARS FOR HOUSES AND
ELDERLY UNITS)
U Vacancy Loss Compensation
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.
AD.-2,1993
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?
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.
BA Damaee Claims for Shared Housin&
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.
Auaust 2, 1993 Page 36
CHAPTER IX
DENIAL OF ELIGIBILITY/HEARING PROCESS
2s1 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 ~istance
Termination of Housing Assistance Payments and program participation may 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.
Page 37
Aupst 2, 1!193
7. If the applicant or participant has violated any of the family obligations listed below
under the Section 8 Existing Housing Program.
a.
b.
C.
d.
e.
f.
g.
h.
i.
j.
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.
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.
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.
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.
To not own or have an interest in the dwelling unit (other than manufactured
homes assisted under 24 CFR Sub part 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.
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).
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.
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 RIGI for
investigation and possible criminal prosecution.
2il Informal Hearin& 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,
Aupst 2, 1993 Page 39
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.
D. Housing Assistance Payments will continue during the notice period until such time as a
hearing decision has been rendered.
E. 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.
Au,ust 2, 1m Page 40
F. Extension of time to request a hearing may be considered if done in writing and there is
good cause for missing the deadline.
G. 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.
H. An earlier hearing date may be requested in writing by the program participant.
I. Untimely hearing requests may be considered by the Hearing Officer if good cause exists.
J. Denial of hearing request may occur:
1. If program participant withdraws the requests, or
2. 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). •
K. Before the hearing, the program participant may review the hearing packet and may have
legal counsel, at their own expense.
L. The hearing officer will be an impartial third party not involved in the day-to-day
administration of this Section 8 Program.
M. 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.
N. 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.
O. 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.
Aapat 2, 1m Page 41
.2.J Informal Review Process
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.
Aqust 2, 1993 Page 42
CHAFfERX
HOUSING VOUCHER PROGRAM
10..tl 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.
1Ds2 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.
1Di3. Rent Reasonableness
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.
1JM Security Daosil
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 .
Aupstl,1993 . Page 43
~ 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
Aucust2, 1993
• (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 iss~ed 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.
2. Regulatory Portability
a.
b.
Only Voucher families are eligible.
Families mmt 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. •
Page 44
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.
2.
3.
A...-2,1993
The Carlsbad Housing Authority shall receive and process all Incoming Voucher
and Certificate holders in compliance with appropriate HUD regulations.
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.
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.
Page 45
,.
4.
Aapstl,1993
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.
Page 46
CHAPTER XI
OTHER PROGRAMS AND ASSISTANCE
1L1 Homeless Voucher Promm
Pursuant to the Notice of Funding Available (NOF A) 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.
W 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.l Promun Desio 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.
Aupst l, 1993
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 ·
Page 47
/""
become self-sufficient.
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.
1.1.d Sin.ale Room Occupanc;y
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.
S. The City of Carlsbad and the Carlsbad Housing Authority are required to certify to HUD
that the property meets applicable health and safety standards.
Auaust 2, 1993 Page 48