Proposed Changes to Section 8 Administrative Manual and Admissions and Continued Occupancy
ATTACHMENT Y
PROPOSED CHANGES TO SECTION 8 ADMINISTRATIVE MANUAL AND ADMISSIONS AND CONTINUED OCCUPANCY POLICY- 2012
CHANGES TO ADMINISTRATIVE MANUAL
CHAPTER 3
Section 3 II.C. Social Security Numbers _(Page 3-17) – incorporation of HUDs guidance as per PIH-2012-10 issued 02/14/2012.
Section 3III- B- Mandatory Denial of Assistance adding: Page 3-23
•The PHA must deny the eligibility of an applicant if s/he (including each member of the household required to disclose his/her SSN) does not disclose a SSN and/or provide documentation of such SSN.
•If the family is otherwise eligible to participate in the program, the family may maintain his/her position on the waiting list for a maximum of thirty (30) calendar days pending disclosure of requested information.
Section III.C. Other Permitted Reasons for Denial of Assistance. (Page 3-25) Adding as underlined for clarification and formatting changes.
2a.HACFL shall deny assistance if any household member or if the applicant or applicant’s family member (applicant) has been at least ten (10) years from date of arrest for first or second degree murder, arson, kidnapping, or violent sex related offenses, including but not limited to sexual assault, sexual battery and child molestation whether disposition of the charge was either guilty, guilty/convicted, nolo contendere / convicted, adjudicated and/or adjudicated withheld. The HACFL will deny the family if any household member is subject to a lifetime registration requirement under a state sex offender registration program regardless of how much time has lapsed since the offense as per 3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)].
3.IIID. Screening Page 3-28 formatting changes and additions as shown bold and underlined below.
HACFL Policy
The HACFL will perform a criminal background check through local law enforcement and/or public records for every adult household member.
If the results of the criminal background check indicate that there may be past criminal activity, but the results are inconclusive, the HACFL may request a fingerprint card and will request information from the National Crime Information center (NCIC).
PHAs are required to perform criminal background checks necessary to determine whether any household member is subject to a lifetime registration requirement under a state sex offender program in the state where the housing is located, as well as in any other state where a household member is known to have resided [24 CFR 982.553(a)(2)(i)].
HACFL Policy
The HACFL will perform a criminal background check at The Dru Sjodin National Sex Offender Public Website.
3.III.E. Criteria for deciding to deny assistance
HACFL Policy
The HACFL will may consider the following factors prior to making its decision:
Page 3-34-35 additional clarification on VAWA
The applicant must submit the required documentation within 15 business days of his or her request for an informal review or must request an extension in writing at that time. If the applicant so requests, the HACFL will grant an extension of 15 business days, and will postpone scheduling the applicant’s informal review until after it has received the documentation or the extension period has elapsed. If after reviewing the documentation provided by the applicant the HACFL determines the family is eligible for assistance, no informal review will be scheduled and the HACFLwill proceed with admission of the applicant family. The HACFL will refer alleged victims of domestic violence to Women in Distress of Broward County Inc.
The applicant must submit the required documentation within 15 business days of his or her request for an informal review or must request an extension in writing at that time. If the applicant so requests, the HACFL will grant an extension of 15 business days, and will postpone scheduling the applicant’s informal review until after it has received the documentation or the extension period has elapsed. If after reviewing the documentation provided by the applicant the HACFL determines the family is eligible for assistance, no informal review will be scheduled and the HACFLwill proceed with admission of the applicant family.
CHAPTER 4
Page 4-2 Formatting
Page 4-6 Add El Sentinela
Page 4-11 - Section 4II.C. Opening and Closing of the Waiting List and 4III.C. Selection Method
Delete reference to hurricane vouchers which are no longer available and which were only for one year after receipt of the award.
Delete preference for residents of Alan Apartments being displaced.
Add preference as shown below:
•A preference for non-elderly, disabled tenants of Sailboat Bend and Sunnyreach who are displaced by elderly designation of the buildings and who desire to move from their unit.
• A preference for non-elderly, disabled tenants of Sailboat Bend and Sunnyreach Acres Public Housing Developments who are displaced by elderly designation of the buildings and who desire to move from their unit.
CHAPTER 5
Page 5-13 as underlined and bold
If the HACFL determines that there is insufficient funding after a voucher has been issued, the HACFL may rescind the voucher and place the affected family back on the waiting list as long as the family is otherwise eligible.
Page 5-15 as underlined and bold
The HACFL will approve additional extensions to a maximum of 120 days only in the following circumstances:
CHAPTER 6
Page 6-6 - Added definition of Visitors
Page 6-7 and 6-8 6-I.C. ANTICIPATING ANNUAL INCOME clarification of anticipated annual income documentation
CHAPTER 7
Multiple changes throughout Chapter to comply with all EIV and Third party verification guidance from HUD such as allowing third party verification documents to be provided by client.
CHAPTER 8
Page 8-12 - 8-II.B. INITIAL HQS INSPECTION [24 CFR 982.401(a)] Inspection Results and Reinspections clarifying 10 Business days for repairs and enter reference to page 8-16 for good cause for extensions
Page 8-15 When failures that are not life threatening are identified, the HACFL will send make available the failure notice within 5 business days of the inspection via U.S. mail, electronic mail or via the HACFL’s website to the owner and the family a written notification of the inspection results within 5 business days of the inspection. The written notice will specify who is responsible for correcting the violation, and the time frame within which the failure(s) must be corrected. Generally not more than 30 days will be allowed for the correction.
Page 8-16 Extensions add: Extensions requests not accompanied by supportive documentation for the reasons for the requests will not be considered. The landlord and/or the tenant must must not have a history of non-compliance.
Reinspections - If the HACFL determines that a unit does not meet the Housing Quality Standards (HQS) requirements during an annual or interim inspection, verification that the deficiencies are corrected may be done by means other than an onsite re-inspection as per guidance offered by HUD’s PIH Notice 2012-15 issued February 27, 2012. The HACFL will accept an owner's certification, a receipt from a vendor indicating a job has been completed, a photo of the repair and/or tenant confirmation that required repairs are complete. The HACFL may then verify that action on future on-site inspections.
Page 8-18- deleted repeated information
Page 8-22 to 8-23 Rent Reasonableness – clarifying use of gosection8.com
CHAPTER 9
Page 9-9– Terms of Assisted Tenancy add: (2) The PHA may approve a shorter initial lease term if the PHA determines that: (i) Such shorter term would improve housing opportunities for the tenant; The PHA HACFL will approve an initial lease term of less than one (1) year if the HACFL determines that such shorter term would improve housing opportunities for the tenant such as when an applicant initially leases up and could lose the unit if having to wait to the beginning of the following month.
Page 9-13 allow owner not to have to participate in a briefing if sufficiently familiar with Section 8 program.
Chapter 10
Page 10-6 clarification on when to keep Housing Assistance Payments unless the unit was terminated and/or abated.
Page 10- 10Voucher Issuance and Terms clarification that - The voucher will not be extended more than 120 calendar days under any circumstances.
Page 10-12 clarified manner of sending documentation to receiving PHA on portability cases
Page 10-13 – clarifying initial deadline to receive billing from receiving PHA on portability cases
Page 10-17 – clarifying requirements to accept extensions terms to be compatible with deadlines for billings in port in cases.
Chapter 11
Page 11-12 Changed “application” to Personal Declaration
Page 11-3 - An advocate, interpreter, or other assistant may assist the family in the interview process. The family and the PHA must execute a certification attesting to the role and assistance of any such third party.
11-4 modified as shown - If the family does not provide the required documents or information within the required time frame (plus any extensions), the family will be sent a notice of proposal of termination of participation in the program
11-9 – added “domestic Partnerships” in 11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
Changed Calendar to Business days throughout chapter
Page 11-4 changed policy not to require families interim changes in income reporting as shown below:
HACFL Policy
Families are only required to report increases in income/assets/expenses of any household
member to the HACFL at the time of their Annual Recertification with the exception of zero income household and FSS participants. These families must report changes in income within ten (10) business days of the change..Families are required to report all increases in earned income /assets, including new employment. If an income increase of less than $200 or less per month is reported by the family the HACFL will not conduct an Interim Recertification.
The HACFL will also conduct interim reexaminations for families that qualify for the earned income disallowance (EID), only when the EID family’s share of rent will change as a result of the increase. In all other cases, the HACFL will note the information in the tenant file, but will not conduct an interim reexamination.
HACFL Policy
The HACFL will require an interim reexamination any time the family has experienced a change in circumstances (income and/or family composition) since the last determination which has resulted in an increase in monthly income of or above $200.00 per month.
If a family reports a change that it was not required to report and that would result in an increase in the family share of the rent, the HACFL will note the information in the tenant file, but will not conduct an interim reexamination unless the family is a zero (0) income family or an FSS Family.
If a family reports a change that it was not required to report and that would result in a decrease in the family share of rent, the HACFL will conduct an interim reexamination if the decrease in income has lasted more than 30 days. See Section 11-II.D. for effective dates. no rent reductions will be processed until all the facts have been verified by 3rd party verificationIf a family reports a change that it was not required to report and that would result in an increase in the family share of the rent, the HACFL will
note the information in the tenant file, but will not conduct an interim reexamination unless the family is a zero (0) income family or an FSS Family.
If a family reports a change that it was not required to report and that would result in a decrease in the family share of rent, the HACFL will conduct an interim reexamination if the decrease in income has lasted more than 30 days. See Section 11-II.D. for effective dates. no rent reductions will be processed until all the facts have been verified by 3rd party verification
Families may report changes in income or expenses in writing.
CHAPTER 12
Page 12-3 - Failure to Provide Social Security Documentation [24 CFR 5.218(c)]- modified to comply with HUD’s Social Security Requirements
Page 12-4 added:
• Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR 4/10/06]
• If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not married, does not have dependent children, is not residing with his/her parents in an HCV assisted household, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the PHA must the terminate the student’s assistance if, at the time of reexamination, either the student’s income or the income of the student’s parents (if applicable) exceeds the applicable income limit.
• If a participant household consists of both eligible and ineligible students, the eligible students shall not be terminated, but must be issued a voucher to move with continued assistance in accordance with program regulations and PHA policies, or must be given the opportunity to lease in place if the terminated ineligible student members elect to move out of the assisted unit.
• Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-9]
The HACFL must immediately terminate program assistance for deceased single member households.
Family Absence from the unit – deleted - . this must receive prior written approval from the Section 8 Director or higher authority.
Page 12 – 12 modified Repayment Agreement to coincide with Chapter 16 changes
Pages 12-14- to 12-17 clarifications on VAWA cases
Page 18 - 12- on II.F. TERMINATION NOTICE [HCV GB, p. 15-7] added clarifications on HUD regulations
HUD regulations require PHAs to provide written notice of termination of assistance to a family only when the family is entitled to an informal hearing. However, since the family’s HAP contract and lease will also terminate when the family’s assistance terminates [form HUD-52641], it is a good business practice to provide written notification to both owner and family anytime assistance will be terminated, whether voluntarily or involuntarily.
Modified requirements for termination notices
Page 12-24 “12-III.D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(h)] added
• The nature of the offending action
CHAPTER 13
No changes
CHAPTER 14
Page 14-3 - PART I: PREVENTING, DETECTING, AND
INVESTIGATING ERRORS AND PROGRAM ABUSE PART I: PREVENTING, DETECTING, AND
INVESTIGATING ERRORS AND PROGRAM ABUSE
14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE
HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for preventing errors and program abuse. PHAs are required to use the EIV system in its entirety in accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to:
• Provide applicants and participants with form HUD-52675, “Debts Owed to PHAs and Terminations”
• Require all adult members of an applicant or participant family to acknowledge receipt of form HUD-52675 by signing a copy of the form for retention in the family file
Page 14-8
Deleted - will be made effective on the first of the month following notice to the family.
Page 14-9 deleted prohibition to enter into a repayment agreement in cases of failure to report
CHAPTER 15 –
NO CHANGES
CHAPTER 16
Page 16-10 Informal Review Procedures deleted:
“The person conducting the review will make a recommendation to the HACFL, but the HACFL is responsible for making the final decision as to whether assistance should be granted or denied.”
Page 16-10 – 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555 Pub.L. 109-162]
Page 16-14 Informal Hearing Procedures notice to the family add:
A copy of the PHA’s hearing procedures.
Page 16-15 – Scheduling an Informal Hearing modified as shown below
If the family does not appear at the scheduled time, and was unable to reschedule the hearing in advance due to the nature of the conflict, the family must contact the PHA within 24 hours of the scheduled hearing date, excluding weekends and holidays. The PHA will reschedule the hearing only if the family can document good cause for the failure to appear, or if it is needed as a reasonable accommodation for a person with disabilities. If the family does not appear at the time stated in the letter of notification, the PHA Will not reschedule the hearing unless needed as a reasonable accommodation for a person with disabilities.
Page 16-20: Procedures for Re-hearing or further hearing add as shown below:
In addition, within 10 business days after the date the hearing officer’s report is mailed to the HACFL and the participant, the HACFL or the participant may request a rehearing or a further hearing. Such request must be made in writing and postmarked or hand-delivered to the hearing officer and to the other party within the 10 business day period. The request must demonstrate cause, supported by specific references to the hearing officer’s report, why the request should be granted.
A rehearing or a further hearing may be requested for the purpose of rectifying any obvious mistake of law made during the hearing or any obvious injustice not known at the time of the hearing.
It shall be within the sole discretion of the PHA to grant or deny the request for further hearing or rehearing. A further hearing will be limited to reviews of written submissions by the parties of the items and/or issues that the parties wish to be considered.
Page 16-25 modified as shown:
When an owner or participant refuses to repay monies owed to the HACFL, the HACFL will may, as allowed by administrative funding utilize other available collection alternatives including, but not limited to, the following:
Collection agencies
Small claims court
Civil law suit
State income tax set-off program
Pages 16-26 to 16-29 :
Changes in Repayment Agreements terms.
Pages 16-40 to 16-50
Additional clarifications to previous chapters on VAWA including Notices to be provided to clients and owners.
ADDED CHAPTER 17 PROJECT BASED ASSISTANCE
CHANGES TO ADMISSIONS AND CONTINUED OCCUPANCY POLICY
CHAPTER 1
Changed PHA to HACFL throughout
Page 1-10
1-III.C. UPDATING AND REVISING THE POLICY
HACFL Policy
The HACFL will review and update the ACOP at least once a year, and more as often if as needed, to reflect changes in regulations, PHA HACFL’s operations, or when needed to ensure staff consistency in operation.
CHAPTER 2
Page 2-1 INTRODUCTION