policy are discussed below. Proposed Change: 90 consecutive days (to be consistent with Ch. 12, p12-8)

Transcription

1 Attachment D List of Discretionary Changes to the FY Santa Monica Housing Authority (SMHA) Administrative Plan Chapter 1: 1-I.B. Organization and structure of the PHA (page 1-2) Remove paragraphs 4 and 5. Remove CDBG Chapter 2: No changes Chapter 3 3.I.L. Absent Family Members (page 3-7) Generally an individual who is or is expected to be absent from the assisted unit for 60 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally an individual who is or is expected to be absent from the assisted unit for more than 60 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below. 90 consecutive days (to be consistent with Ch. 12, p12-8) Generally an individual who is or is expected to be absent from the assisted unit for 90 consecutive days or less is considered temporarily absent and continues to be considered a family member. Generally an individual who is or is expected to be absent from the assisted unit for more than 90 consecutive days is considered permanently absent and no longer a family member. Exceptions to this general policy are discussed below. 3.I.L Absent Family Members Absences Due to Placement in Foster Care (page 3-8) If a child has been placed in foster care, the head of household will notify the PHA in writing and provide written verification from the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 60 days from the date of removal of the children, the voucher size will be reduced. If the agency confirms that the child has been permanently removed from the home, the child will not be counted as a family member and the voucher size will be reduced in accordance with the PHA s subsidy standards. 90 consecutive days (to be consistent with Ch. 12) 1

2 If a child has been placed in foster care, the head of household will notify the PHA in writing and provide written verification from the appropriate agency whether and when the child is expected to be returned to the home. If the time period is to be greater than 90 days from the date of removal of the children, the voucher size will be reduced. If the agency confirms that the child has been permanently removed from the home, the child will not be counted as a family member and the voucher size will be adjusted in accordance with the PHA s subsidy standards if appropriate. 3.I.M LIVE-IN AIDE (page 3-9) A PHA may only approve one additional bedroom for a live-in aide. Add: However, SMHA does not provide a bedroom for a live-in aide. 3-III.C. Other Permitted reasons for denial of assistance (page 3-21) If any household member is currently engaged in, or has engaged in any of the following criminal activities, within the past five years, the family will be denied assistance. If any household member convicted of any of the following criminal activities, within the past five years, the family will be denied assistance. Chapter 4: 4-II.B. Opening and Closing the Waiting List (p. 4-5) The PHA has a wait list which it operates for the HCV and PBV programs, and separate wait lists for inclusionary housing (Affordable Housing Production Program), Continuum of Care, and HOME Programs. Add: Santa Monica Municipal Code requires inclusionary housing owners to fill vacant apartments by selecting tenants from a City-developed list of income-qualified households. 4-III.D. Notification of Selection (p. 4-14) 4-III.D. NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family [24 CFR (a)]. PHA Policy The PHA will notify the family by when it is selected from the waiting list. The notice, instructions and application packet will inform the family of the following: 2

3 Family must complete the application form and provide required documentation by the date specified in the notice, or the family will be removed from the waiting list. The PHA will notify the family by when the preliminary review is completed. The notice will inform the family of the following: Date, time, and location of the scheduled application interview, including any procedures for rescheduling the interview If the notification is returned to the PHA after two attempts are returned as undeliverable at that specific address, the family will be removed from the wait list. In instances where the household certifies that is not an option, the PHA will mail notifications to the household. If a notification is returned as undeliverable at that address, the family will be removed from the wait list. In accordance with SMHA s LEP Plan, SMHA will include a translated statement for LEP applicants in the selection notification packet; this statement will notify LEP applicants of the availability of translated materials and additional language assistance. 4-III.D. NOTIFICATION OF SELECTION When a family has been selected from the waiting list, the PHA must notify the family [24 CFR (a)]. PHA Policy The PHA will notify the family when selected from the waiting list. Applicants must complete an application and provide all required documentation by the date specified, or the family will be removed from the waiting list. After two documented attempts to notify the family without response, the family will be removed from the wait list. In accordance with SMHA s LEP Plan, SMHA will include a translated statement for LEP applicants in the selection notification packet; this statement will notify LEP applicants of the availability of translated materials and additional language assistance. Exhibit 4-1: SMHA s Waiting list & Hierarchy of Preferences (page 4-18) Resident of City of Santa Monica Live/Work: 3

4 Chapter 5: 5-I.A. Overview (page 5-2) This part describes how oral briefings will be conducted, specifies what written information will be provided to families, and lists the family s obligations under the program. Add: This part describes how oral briefings will be conducted, specifies what written information will be provided to families via the SMHA website, and lists the family s obligations under the program. 5-I.C. Family Obligations (page 5-6) #7 Serious and lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises and criminal activity. Serious lease violations will include, but not be limited to, nonpayment of rent, disturbance of neighbors, destruction of property, or living or housekeeping habits that cause damage to the unit or premises, pose a safety hazard, or are criminal activities. #9 The family must promptly give the PHA a copy of any owner eviction notice. The family must promptly give the PHA a copy of any owner eviction notice within 10 business days. Chapter 6 Trusts (p. 6-21) Add: Based on Finley v. The City of Santa Monica, BS DISTRIBUTIONS FROM IRREVOCABLE TRUSTS WHEN PRINCIPAL CONSISTS OF LUMP-SUMS EXCLUDED FROM INCOME UNDER 24 CFR (c)(3) Periodic payments in the form of distributions to a family are not counted in annual income when those distributions are from the principal of an irrevocable trust (such as a special needs trust) and when the principal consists of lump-sum additions to family assets excluded from annual income under 24 CFR (c)(3). Any interest accruing from such lump-sum additions are included in annual income. 24 CFR (b)(3). 4

5 Chapter 7: No changes Chapter 8 8-III.B. When Rent Reasonableness Determinations are required (page 8-19) Owner-initiated rent determinations Change: Annual Rent Increases Change language to be consistent with policy to automatically increase rent: Rent increase requests shall be timed with a tenant s annual re-examination. Only one increase in a 12-month period is allowed. Annual Adjustments are established by Santa Monica Rent Control Department annual percentage adjustments only and this allowable increase will be effective October 1 st of each year. 8-III.D. PHA Rent Reasonableness Methodology How Rents Are Determined (pages 8-21 and 8-22) Old methodology for determining rents methodology: The rent for a unit proposed for assistance will be compared to the rent charged for three comparable units in the same market area, leased within the last 12 months. Rent increase requests shall be timed with a tenant s annual re-examination. Landlords may not request more than one increase in a 12-month period. Annual Adjustments are determined by Santa Monica Rent Control Department annual percentage adjustments only; Add: The SMHA allowable rent increase will become effective October 1 st of each year. Rent increase requests shall be timed with a tenant s annual re-examination. Only one increase in a 12-month period is allowed. Annual Adjustments are established by Santa Monica Rent Control Department annual percentage adjustments only and this allowable increase will be effective October 1 st of each year. Chapter 9: 9-I.D. Eligible Units PHA Review of the Lease (page 9-10) Missing and corrected lease information will only be accepted as hard copies, in-person, by mail, or by fax. Missing and corrected lease information will only be accepted as hard copies, in-person, by mail, by , or by fax. 5

6 Chapter 10: No changes Chapter 11: 11-II.D. Processing the Interim Reexamination (page 11-12) The PHA will accept required documentation by mail or in person. Add: The PHA will accept required documentation by mail, , or in person. Chapter 12: 12-III.B. Grounds for owner termination of tenancy Remove all grounds except just cause eviction. During the term of the lease, the owner is not permitted to terminate the tenancy except for just cause. PHA Policy Property owners in Santa Monica must act in accordance with the Santa Monica City Charter Articles XVIII and XXIII. These articles detail the grounds for owner termination of tenancy, and mandate that an owner may only terminate tenancy if there are documented serious lease violations, certain violations of state or local law, or other good cause. Chapter 13: No Changes Chapter 14: No Changes Chapter 15: No Changes Chapter 16 Part I: Administrative Fee Reserve (Page 16-2) Expenditures will not exceed $50,000 per occurrence without the prior approval of the PHA s Board of Commissioners. Expenditures are approved by HUD and the Board annual budget. 16-II.B. Payment Standards (Page 16-4) 6

7 The Housing Authority will seek assistance from the US Department of Housing and Urban Development regarding the current payment standard, to determine if flexibility can be established for Deed-Restricted Affordable Housing. Where possible and feasible, the payment standard could be equal to the lesser of the rent limit established by the recorded deed restriction or the Exception Payment Standard. Add: Deed restricted units are eligible for rent increases under the following circumstances: The rent, with increase, does not exceed the deed restricted/maximum Allowable Rent limit for that apartment, there has not been a rent increase in the previous 12- month period, the rent increase coincides with the annual recertification date, and the SMHA allowable rent increase will become effective October 1 st of each year. Part III: Informal Reviews and Hearings (pages 16-9 and 16-12) A request for an informal review must be made in writing and delivered to the PHA either in person or by first class mail by the close of the business day, no later than 10 business days from the date of the PHA s denial of assistance. Add: specify the determination being disputed, A request for an informal review must be made in writing, specify the determination being disputed, and delivered to the PHA either in person or by first class mail by the close of the business day, no later than 10 business days from the date of the PHA s denial of assistance. Chapter 17: 17-VI.C. Organization of the Waiting List (page 17-29) The PHA will maintain the same waiting list for both tenant-based and PBV assistance. The PHA will maintain separate waitlists for tenant-based and PBV assistance. Chapter 18: No Changes 7

8 Chapter IV.B Accessibility of the Application Process (page 19-14) Ocean Park Community Center Access Center th Street Santa Monica, CA (310) Change agency name The People Concern Access Center th Street Santa Monica, CA (310) X.D Tenant Transfers from COC to HCV (pages and 19-25) CoC Program participants who no longer need comprehensive supportive services shall receive a preference on the HCV wait list as a graduate of the CoC Program. Eligibility for such preference must be documented by the current supportive services provider for the CoC Program participant in the form indicated. The PHA shall limit the current number of persons eligible for this preference not to exceed 12 households at any given time. If 12 households have received Housing Choice Vouchers under this local preference, the PHA shall allow current applicants to claim such preference. However, the applicant will remain on the wait list and will be offered the next available Housing Choice Voucher as it becomes available. CoC Program participants who no longer need comprehensive supportive services shall receive a preference on the HCV wait list as a graduate of the CoC Program. Eligibility for such preference must be documented by the current supportive services provider for the CoC Program participant in the form indicated. Add: The Housing Authority will review candidates for the CoC graduate waitlist based on the following: Applicant has an established goal in writing to reside in a more independent setting Is not a registered sex offender Does not have recent violent crime conviction Is in good standing with the Santa Monica Housing Authority as evidenced by no outstanding overpayments with Santa Monica Housing Authority No evictions in the past five years Recommended for independent living from a Case Manager or Life Skills Coordinator 8

9 Approved by a Clinical Director of the applicant s identified primary service agency. Applicant is in good standing: o Applicant has maintained residency in housing in Santa Monica for at least 2 years previous to applying to Step Up on 26 th Street; and o Applicant has not received notices of lease violations from property management within the last year Applicant participates in the community, as demonstrated by one of the following: o Applicant is currently employed, or enrolled in an employment/training program o Applicant is enrolled in an educational program o Applicant is participating in the community as demonstrated by volunteering. Chapter 20: No Changes Chapter 22 (Glossary): No Changes 9