HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN. Housing Choice Voucher Program Page 1 of 401

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1 A HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN Board Approved: May 20, 2010 Draft Revision October 2015 Page 1 of 401

2 Housing Authority of the City of Austin Introduction ABOUT THE REFERENCES CITED IN THE HCV ADMINISTRATIVE PLAN Table of Contents Introduction HUD State Law Industry Practice Abbreviations Resources and Where to Find Them CHAPTER OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION I.A. OVERVIEW I.B. ORGANIZATION AND STRUCTURE OF HACA I.C. HACA s MISSION STATEMENT I.D. HACA S PROGRAMS I.E. HACA S COMMITMENT TO ETHICS AND SERVICE II.A. OVERVIEW AND HISTORY OF THE PROGRAM II.B. HCV PROGRAM BASICS II.C. THE HCV PARTNERSHIPS The HCV Relationships: What Does HUD Do? What Does HACA Do? What does the Owner do? What Does the Family Do? II.D. APPLICABLE REGULATIONS III.A. OVERVIEW AND PURPOSE OF THE ADMINISTRATIVE PLAN III.B. CONTENTS OF THE PLAN [24 CFR ] Mandatory vs. Discretionary Policy III.C. ORGANIZATION OF THE PLAN III.D. UPDATING AND REVISING THE PLAN Draft Revision October 2015 Page 2 of 401

3 Housing Authority of the City of Austin CHAPTER FAIR HOUSING AND EQUAL OPPORTUNITY INTRODUCTION PART I: NONDISCRIMINATION I.A. OVERVIEW I.B. NONDISCRIMINATION Providing Information to Families and Owners Discrimination Complaints PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES II.A. OVERVIEW II.B. DEFINITION OF REASONABLE ACCOMMODATION Types of Reasonable Accommodations II.C. REQUEST FOR AN ACCOMMODATION II.D. VERIFICATION OF DISABILITY II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS II.G. PHYSICAL ACCESSIBILITY II.H. DENIAL OR TERMINATION OF ASSISTANCE PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP) III.A. OVERVIEW III.B. ORAL INTERPRETATION III.C. WRITTEN TRANSLATION III.D. IMPLEMENTATION PLAN EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS CHAPTER ELIGIBILITY INTRODUCTION PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS I.A. OVERVIEW I.B. FAMILY AND HOUSEHOLD [24 CFR (c); HUD IB, p. 13; FR Notice 02/03/12] Family Gender Identity Draft Revision October 2015 Page 3 of 401

4 Housing Authority of the City of Austin Household I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY Family Break-up [24 CFR ] Remaining Member of a Tenant Family [24 CFR 5.403] I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)] I.E. SPOUSE, CO-HEAD, AND OTHER ADULT I.F. DEPENDENT [24 CFR 5.603] Joint Custody of Dependents I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, p. 5-29] I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY Persons with Disabilities Disabled Family I.J. GUESTS [24 CFR 5.100] I.K. FOSTER CHILDREN AND FOSTER ADULTS I.L. ABSENT FAMILY MEMBERS Definitions of Temporarily and Permanently Absent Absent Students Absences Due to Placement in Foster Care [24 CFR 5.403] Absent Head, Spouse, or Co-head Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22] Return of Permanently Absent Family Members I.M. LIVE-IN AIDE PART II: BASIC ELIGIBILITY CRITERIA II.A. INCOME ELIGIBILITY AND TARGETING Definitions of the Income Limits [24 CFR 5.603(b)] Using Income Limits for Eligibility [24 CFR ] Using Income Limits for Targeting [24 CFR ] II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E] Declaration [24 CFR 5.508] U.S. Citizens and Nationals Draft Revision October 2015 Page 4 of 401

5 Housing Authority of the City of Austin Eligible Noncitizens Ineligible Noncitizens Mixed Families Ineligible Families [24 CFR 5.514(d), (e), and (f)] Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)] II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216, 5.218, Notice PIH ] II.D. FAMILY CONSENT TO RELEASE OF INFORMATION II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION Dependent Child Independent Student Institution of Higher Education Determining Student Eligibility Determining Parental Income Eligibility PART III: DENIAL OF ASSISTANCE III.A. OVERVIEW Forms of Denial Prohibited Reasons for Denial of Program Assistance III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR (a)] III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE Preliminary Eligibility Criteria Criminal Activity [24 CFR ] Previous Behavior in Assisted Housing III.D. SCREENING Screening for Eligibility Screening for Suitability as a Tenant [24 CFR ] III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE Consideration of Circumstances Removal of a Family Member's Name from the Application Reasonable Accommodation III.F. NOTICE OF ELIGIBILITY OR DENIAL Additional policies relating to the informal reviews process Draft Revision October 2015 Page 5 of 401

6 Housing Authority of the City of Austin 3-III.G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT AND STALKING Notification Victim Documentation Perpetrator Documentation EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES Individual with Handicaps EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION CHAPTER APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION PART I: THE APPLICATION PROCESS I.A. OVERVIEW I.B. APPLYING FOR ASSISTANCE Lottery Application Process I.C. ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations Limited English Proficiency I.D. PLACEMENT ON THE WAITING LIST Ineligible for Placement on the Waiting List Eligible for Placement on the Waiting List PART II: MANAGING THE WAITING LIST II.A. OVERVIEW II.B. ORGANIZATION OF THE WAITING LIST II.C. OPENING AND CLOSING THE WAITING LIST II.D. FAMILY OUTREACH II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES II.F. UPDATING THE WAITING LIST Purging the Waiting List Removal from the Waiting List PART III: SELECTION FOR HCV ASSISTANCE III.A. OVERVIEW Draft Revision October 2015 Page 6 of 401

7 Housing Authority of the City of Austin 4-III.B. SELECTION AND HCV FUNDING SOURCES Targeted Funding III.C. SELECTION METHOD Local Preferences Income Targeting Requirement [24 CFR (b)(2)] Order of Selection from the Tenant-Based Assistance Waiting List III.D. NOTIFICATION OF SELECTION III.E. THE APPLICATION INTERVIEW III.F. COMPLETING THE APPLICATION PROCESS CHAPTER BRIEFINGS AND VOUCHER ISSUANCE I.A. OVERVIEW I.B. BRIEFING [24 CFR ] Oral Briefing [24 CFR (a)] Briefing Packet [24 CFR (b)] Additional Items to be Included in the Briefing Packet I.C. FAMILY OBLIGATIONS Time Frames for Reporting Changes Required By Family Obligations Family Obligations [24 CFR ] PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE II.A. OVERVIEW II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR ] II.C. EXCEPTIONS TO SUBSIDY STANDARDS II.D. VOUCHER ISSUANCE [24 CFR ] II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS Extensions of Voucher Term Suspensions of Voucher Term Expiration of Voucher Term CHAPTER INCOME AND SUBSIDY DETERMINATIONS PART I: ANNUAL INCOME Draft Revision October 2015 Page 7 of 401

8 Housing Authority of the City of Austin 6-I.A. OVERVIEW I.B. HOUSEHOLD COMPOSITION AND INCOME Summary of Income Included and Excluded by Person Temporarily Absent Family Members Absent Students Absences Due to Placement in Foster Care Absent Head, Spouse, or Co-head Family Members Permanently Confined for Medical Reasons Joint Custody of Dependents Caretakers for a Child I.C. ANTICIPATING ANNUAL INCOME Basis of Annual Income Projection Known Changes in Income Projecting Income I.D. EARNED INCOME Types of Earned Income Included in Annual Income I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES I.F. BUSINESS INCOME [24 CFR 5.609(b)(2)] I.G. ASSETS [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)] Types of Assets Checking and Savings Accounts I.H. PERIODIC PAYMENTS Periodic Payments Included in Annual Income Treatment of Overpayment Deductions from Social Security Benefits I.I. PAYMENTS IN LIEU OF EARNINGS I.J. WELFARE ASSISTANCE Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)] I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9) and FR 5/20/14] I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME PART II: ADJUSTED INCOME Draft Revision October 2015 Page 8 of 401

9 Housing Authority of the City of Austin 6-II.A. INTRODUCTION II.B. DEPENDENT DEDUCTION II.C. ELDERLY OR DISABLED FAMILY DEDUCTION II.D. MEDICAL EXPENSES DEDUCTION Summary of Allowable Medical Expenses from IRS Publication II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION Eligible Auxiliary Apparatus Eligible Attendant Care II.F. CHILD CARE EXPENSE DEDUCTION Clarifying the Meaning of Child for This Deduction Qualifying for the Deduction Earned Income Limit on Child Care Expense Deduction Eligible Child Care Expenses III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS Minimum Rent III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630] HUD-Defined Financial Hardship Implementation of Hardship Exemption Temporary Hardship Long-Term Hardship III.C. APPLYING PAYMENT STANDARDS [24 CFR ] Changes in Payment Standards Decreases Increases Changes in Family Unit Size Reasonable Accommodation III.D. APPLYING UTILITY ALLOWANCES [24 CFR ] Reasonable Accommodation III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS Draft Revision October 2015 Page 9 of 401

10 Housing Authority of the City of Austin EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION CHAPTER VERIFICATION I.A. FAMILY CONSENT TO RELEASE OF INFORMATION Consent Forms I.B. OVERVIEW OF VERIFICATION REQUIREMENTS Requirements for Acceptable Documents File Documentation I.C. UP-FRONT INCOME VERIFICATION (UIV) EIV Income Reports EIV Identity Verification Upfront Income Verification Using Non-HUD Systems (Optional) I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION Written Third-Party Verification [Notice PIH ] Checking and Savings Accounts Written Third-Party Verification Form Oral Third-Party Verification [Notice PIH ] When Third-Party Verification is Not Required [Notice PIH ] When Third-Party Information is Late I.E. SELF-CERTIFICATION II.A. VERIFICATION OF LEGAL IDENTITY II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH ] II.C. DOCUMENTATION OF AGE II.D. FAMILY RELATIONSHIPS Marriage Separation or Divorce Absence of Adult Member Foster Children and Foster Adults II.E. VERIFICATION OF STUDENT STATUS Draft Revision October 2015 Page 10 of 401

11 Housing Authority of the City of Austin 7-II.F. DOCUMENTATION OF DISABILITY Family Members Receiving SSA Disability Benefits II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508] U.S. Citizens and Nationals Eligible Immigrants II.H. VERIFICATION OF PREFERENCE STATUS Displaced Family Local Preference: Applicants eligible for the Family Unification Program (FUP)Vouchers: PART III: VERIFYING INCOME AND ASSETS III.A. EARNED INCOME III.B. BUSINESS AND SELF EMPLOYMENT INCOME III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS Social Security/SSI Benefits III.D. ALIMONY OR CHILD SUPPORT III.E. ASSETS AND INCOME FROM ASSETS III.F. NET INCOME FROM RENTAL PROPERTY III.G. RETIREMENT ACCOUNTS III.H. INCOME FROM EXCLUDED SOURCES III.I. ZERO NNUAL INCOME STATUS III.J. STUDENT FINANCIAL ASSISTANCE III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBLITY RESTRICTIONS PART IV: VERIFYING MANDATORY DEDUCTIONS IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS Dependent Deduction Elderly/Disabled Family Deduction IV.B. MEDICAL EXPENSE DEDUCTION IV.C. DISABILITY ASSISTANCE EXPENSES IV.D. CHILD CARE EXPENSES Allowable Type of Child Care Reasonableness of Expenses EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5- Draft Revision October 2015 Page 11 of 401

12 Housing Authority of the City of Austin 10] CHAPTER HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS I.A. GENERAL HUD REQUIREMENTS I.B. ADDITIONAL LOCAL REQUIREMENTS I.C. LIFE THREATENING CONDITIONS [24 CFR (a)] I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR ] I.E. SPECIAL REQUIREMENTS FOR CHILDREN I.F. VIOLATION OF HQS SPACE STANDARDS [24 CFR ] PART II: THE INSPECTION PROCESS II.A. OVERVIEW [24 CFR ] Types of Inspections II.B. INITIAL HQS INSPECTION [24 CFR (a)] II.C. ANNUAL HQS INSPECTIONS [24 CFR (a)] II.D. SPECIAL INSPECTIONS [HCV GB, p ] II.E. QUALITY CONTROL INSPECTIONS [24 CFR (b); HCV GB, p ] II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER HAP CONTRACT II.G. ENFORCING OWNER COMPLIANCE II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR (b)] PART III: RENT REASONABLENESS [24 CFR ] III.A. OVERVIEW III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED Owner-Initiated Rent Determinations III.C. HOW COMPARABILITY IS ESTABLISHED III.D. PHA RENT REASONABLENESS METHODOLOGY EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY CHAPTER GENERAL LEASING POLICIES I.A. TENANT SCREENING I.B. REQUESTING TENANCY APPROVAL [Form HUD-52517] I.C. OWNER PARTICIPATION Draft Revision October 2015 Page 12 of 401

13 Housing Authority of the City of Austin 9-I.D. ELIGIBLE UNITS Ineligible Units [24 CFR (a)] PHA-Owned Units [24 CFR (b)] Special Housing Types [24 CFR 982 Subpart M] Duplicative Assistance [24 CFR (c)] Housing Quality Standards (HQS) [24 CFR and 24 CFR ] Unit Size Rent Reasonableness [24 CFR and 24 CFR ] Rent Burden [24 CFR ] I.E. LEASE AND TENANCY ADDENDUM Lease Form and Tenancy Addendum Lease Information [24 CFR (d)] Security Deposit [24 CFR (a) and (b)] Separate Non-Lease Agreements between Owner and Tenant PHA Review of Lease I.F. TENANCY APPROVAL [24 CFR ] I.G. HAP CONTRACT EXECUTION [24 CFR ] I.H. CHANGES IN LEASE OR RENT [24 CFR ] CHAPTER MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY INTRODUCTION I.A. ALLOWABLE MOVES I.B. RESTRICTIONS ON MOVES Restrictions on Elective Moves [24 CFR (c)] I.C. MOVING PROCESS Reexamination of Family Income and Composition Voucher Issuance and Briefing Housing Assistance Payments [24 CFR (d)] PART II: PORTABILITY II.A. OVERVIEW II.B. INITIAL PHA ROLE II.C. RECEIVING PHA ROLE Draft Revision October 2015 Page 13 of 401

14 Housing Authority of the City of Austin CHAPTER REEXAMINATIONS INTRODUCTION I.A. OVERVIEW I.B. SCHEDULING ANNUAL REEXAMINATIONS Notification of and Participation in the Annual Reexamination Process I.C. CONDUCTING ANNUAL REEXAMINATIONS EIV and Fraud I.D. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR (b)(5)] I.E. EFFECTIVE DATES PART II: INTERIM REEXAMINATIONS [24 CFR ] II.A. OVERVIEW II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION New Family Members Not Requiring Approval New Family and Household Members Requiring Approval Departure of a Family or Household Member Family absent from the Unit Children Absent from the Unit Adult Dependents Absent from the unit Joint Custody Visitors Family Break-Up II.C. CHANGES AFFECTING INCOME OR EXPENSES PHA-Initiated Interim Reexaminations Family-Initiated Interim Reexaminations Reporting Requirements for Changes in income and family composition II.D. PROCESSING THE INTERIM REEXAMINATION Effective Dates If the family share of the rent is to increase: If the family share of the rent is to decrease: PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT III.A. OVERVIEW Draft Revision October 2015 Page 14 of 401

15 Housing Authority of the City of Austin 11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES Payment Standards [24 CFR ] Subsidy Standards [24 CFR (c)(4)] Utility Allowances [24 CFR (d)] III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT III.D. DISCREPANCIES CHAPTER TERMINATION OF ASSISTANCE AND TENANCY PART I: GROUNDS FOR TERMINATION OF ASSISTANCE I.A. OVERVIEW I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR ] I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE I.D. MANDATORY TERMINATION OF ASSISTANCE Eviction [24 CFR (b)(2), 24 CFR (c)(1)] Failure to Provide Consent [24 CFR (b)(3)] Failure to Document Citizenship [24 CFR (b)(4) and [24 CFR 5.514(c)] Lifetime Registered Sex Offenders [Notice PIH ] I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS II.B. METHOD OF TERMINATION [24 CFR (a)(3)] II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING VAWA Protections against Termination Limitations on VAWA Protections [24 CFR (d) and (e)] II.F. TERMINATION NOTICE [HCV GB, p. 15-7] PART III: TERMINATION OF TENANCY BY THE OWNER III.A. OVERVIEW III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY III.C. EVICTION III.D. DECIDING WHETHER TO TERMINATE TENANCY Draft Revision October 2015 Page 15 of 401

16 Housing Authority of the City of Austin 12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY S ASSISTANCE EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS CHAPTER OWNERS INTRODUCTION I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6] I.B. BASIC HCV PROGRAM REQUIREMENTS I.C. OWNER RESPONSIBILITIES [24 CFR ] I.D. OWNER QUALIFICATIONS Owners Barred from Participation [24 CFR (a) and (b)] Leasing to Relatives [24 CFR (d), HCV GB p. 11-2] Conflict of Interest [24 CFR ; HCV GB p. 8-19] Owner Actions That May Result in Disapproval of a Tenancy Request Legal Ownership of Unit I.E. NON-DISCRIMINATION [HAP Contract Form HUD-52641] PART II. HAP CONTRACTS II.A. OVERVIEW II.B. HAP CONTRACT CONTENTS II.C. HAP CONTRACT PAYMENTS Owner Certification of Compliance Late HAP Payments [24 CFR (a)(5)] Termination of HAP Payments [24 CFR (b)] II.D. BREACH OF HAP CONTRACT [24 CFR ] II.E. HAP CONTRACT TERM AND TERMINATIONS II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD ] II.G. FORECLOSURE [HUD and Notice PIH ] CHAPTER PROGRAM INTEGRITY INTRODUCTION I.A. PREVENTING ERRORS AND PROGRAM ABUSE I.B. DETECTING ERRORS AND PROGRAM ABUSE I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE Draft Revision October 2015 Page 16 of 401

17 Housing Authority of the City of Austin 14-II.A. SUBSIDY UNDER- OR OVERPAYMENTS II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE Family Reimbursement to PHA [HCV GB pp to 22-13] PHA Reimbursement to Family [HCV GB p ] II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE Owner Reimbursement to HACA II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE II.E. CRIMINAL PROSECUTION II.F. FRAUD AND PROGRAM ABUSE RECOVERIES CHAPTER SPECIAL HOUSING TYPES I.A. OVERVIEW I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION I.C. HOUSING QUALITY STANDARDS (HQS) PART II: CONGREGATE HOUSING II.A. OVERVIEW II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION II.C. HOUSING QUALITY STANDARDS PART III: GROUP HOME III.A. OVERVIEW III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION III.C. HOUSING QUALITY STANDARDS IV.A. OVERVIEW PART IV: SHARED HOUSING IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION IV.C. HOUSING QUALITY STANDARDS V.A. OVERVIEW PART V: COOPERATIVE HOUSING V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION V.C. HOUSING QUALITY STANDARDS VI.A. OVERVIEW Draft Revision October 2015 Page 17 of 401

18 Housing Authority of the City of Austin PART VI: MANUFACTURED HOMES VI.B. SPECIAL POLICIES FOR MANUFACTURED HOME OWNERS WHO LEASE A SPACE VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION PART VII: HOMEOWNERSHIP CHAPTER PROGRAM ADMINISTRATION INTRODUCTION II.B. PAYMENT STANDARDS [24 CFR ; HCV GB, Chapter 7] Updating Payment Standards Exception Payment Standards [ (c)] Unit-by-Unit Exceptions II.C. UTILITY ALLOWANCES [24 CFR ] Air Conditioning Reasonable Accommodation PART III: INFORMAL REVIEWS AND HEARINGS III.B. INFORMAL REVIEWS Scheduling an Informal Review Informal Review Procedures [24 CFR (b)] III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR ] Informal Hearing Procedures Scheduling an Informal Hearing [24 CFR (d)] Failure to Appear Pre-Hearing Right to Discovery [24 CFR (e)] Participant s Right to Bring Counsel [24 CFR (e)(3)] Informal Hearing Officer [24 CFR (e)(4)] Attendance at the Informal Hearing Conduct at Hearings Evidence [24 CFR (e)(5)] Hearing Officer s Decision [24 CFR (e)(6)] Procedures for Rehearing or Further Hearing III.D. HEARING AND APPEAL PROVISIONS FOR NON-CITIZENS [24 CFR 5.514] PART IV: OWNER OR FAMILY DEBTS TO HACA Draft Revision October 2015 Page 18 of 401

19 Housing Authority of the City of Austin 16-IV.A. OVERVIEW IV.B. REPAYMENT POLICY PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) V.A. OVERVIEW V.B. SEMAP CERTIFICATION [24 CFR ] V.C. SEMAP INDICATORS [24 CFR and form HUD-52648] Indicator 1: Selection from the waiting list Indicator 2: Rent reasonableness Indicator 3: Determination of adjusted income Indicator 4: Utility allowance schedule Indicator 5: HQS quality control inspections Indicator 6: HQS enforcement Indicator 7: Expanding housing opportunities Indicator 8: FMR limit and payment standards Indicator 9: Annual reexaminations Indicator 10: Correct tenant rent calculations Indicator 11: Pre-contract HQS inspections Indicator 12: Annual HQS inspections Indicator 13: Lease-up Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances De-concentration Bonus Indicator PART VI: RECORD KEEPING VI.A. OVERVIEW VI.B. RECORD RETENTION [24 CFR ] VI.C. RECORDS MANAGEMENT Privacy Act Requirements [24 CFR and Form-9886] Upfront Income Verification (UIV) Records Criminal Records Medical/Disability Records PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL Draft Revision October 2015 Page 19 of 401

20 Housing Authority of the City of Austin 16-VII.A. OVERVIEW VII.B. REPORTING REQUIREMENT [24 CFR (e)] VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR (f)] VIII.A. OVERVIEW VIII.B. METHODOLOGY PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY IX.A. OVERVIEW IX.B. DEFINITIONS [24 CFR ] IX.C. NOTIFICATION [24 CFR (a)] IX.D. DOCUMENTATION [24 CFR ] IX.E. CONFIDENTIALITY [24 CFR (b)(4)] EXHIBIT 16-1: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER APPLICANTS AND TENANTS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) EXHIBIT 16-2: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) CHAPTER PROJECT-BASED VOUCHERS PART I: GENERAL REQUIREMENTS GLOSSARY A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM B. GLOSSARY OF SUBSIDIZED HOUSING TERMS... Error! Bookmark not defined.error! Bookmark not defined.363 REASONABLE STEPS TO AFFIRMATIVELY FURTHER FAIR HOUSING... Error! Bookmark not defined.error! Bookmark not defined.378 City of Austin Fair Housing Analysis & Action Plan (2009) [Update / expansion to 2000 Report]... Error! Bookmark not defined.error! Bookmark not defined.381 Introduction ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN AUTHORITIES IN THE MODEL ADMINISTRATIVE PLAN The authority for PHA policies is derived from many sources. Primary among these sources are regulations and guidance issued by HUD. State law also directs PHA Policy. State law must be Draft Revision October 2015 Page 20 of 401

21 Housing Authority of the City of Austin followed where such law exists and does not conflict with federal regulations. Industry practice may also be used to develop policy as long as it does not conflict with federal requirements or prohibitions. HUD HUD provides the primary source of PHA Policy through federal regulations, HUD Notices and handbooks. Compliance with federal regulations, current HUD Notices and HUD handbooks is mandatory. HUD provides guidance to PHAs through HUD published guidebooks, expired HUD notices and handbooks. Basing PHA policy on HUD guidance is optional, as long as PHA policies comply with federal law, federal regulations and mandatory policy. Because HUD has already determined that the guidance it provides is consistent with mandatory policies, PHA reliance on HUD guidance provides HACA with a safe harbor. Material posted on the HUD website can provide further clarification of HUD policies. For example, FAQs on the HUD website can provide direction on the application of federal regulations in various aspects of the program. State Law Where there is no mandatory federal guidance, PHAs must comply with state law, if it exists. Where state law is more restrictive than federal law, but does not conflict with it, HACA should follow the state law. Industry Practice Where no law or HUD authority exists on a particular subject, industry practice may support PHA Policy. Industry practice refers to a way of doing things or a policy that has been adopted by a majority of PHAs. RESOURCES CITED IN THE MODEL ADMINISTRATIVE PLAN The model administrative plan cites several documents. Where a document or resource is cited frequently, it may be abbreviated. Where it is cited only once or twice, the model administrative plan may contain the entire name of the document or resource. Following is a key to abbreviations used for various sources that are frequently cited in the administrative plan and a list of references and document locations that are referenced in the model administrative plan. Draft Revision October 2015 Page 21 of 401

22 Housing Authority of the City of Austin Abbreviations Throughout the model administrative plan, abbreviations are used to designate certain documents in citations. The following is a table of abbreviations of documents cited in the model administrative plan. Abbreviation CFR Document Code of Federal Regulations HCV GB Guidebook ( G), April HUD IB HUD Instruction Booklet RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VG PIH Notice Verification Guidance, March 9, HB Resources and Where to Find Them Occupancy Requirements of Subsidized Multifamily Housing Programs Following is a list of resources helpful to HACA or referenced in the model administrative plan, and the online location of each. Document and Location Code of Federal Regulations Earned Income Disregard FAQ Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data Executive Order Federal Register General Income and Rent Determination FAQs Guidebook ( G), April HUD Instruction Booklet Joint Statement of the Department of Housing and Urban Development and the Department of Draft Revision October 2015 Page 22 of 401

23 Housing Authority of the City of Austin Justice, issued May 17, Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, Notice PIH , Verification of Social Security Numbers (SSNs) and Supplemental Security Income (SSI) Benefits; and Effective Use of the Enterprise Income Verification (EIV) System s Identity Verification Report Notice PIH , Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System Notice PIH (HA), Nondiscrimination and Accessibility Notice OMB Circular A Project-Based Voucher Program; Final Rule Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VAWA Final Rule Verification FAQ Verification Guidance, March 2004 (attachment to Notice PIH ) The HUD Web site is Guidebooks, handbooks and other HUD resources may be found at the HUDClips Web site: Draft Revision October 2015 Page 23 of 401

24 Housing Authority of the City of Austin CHAPTER 1 OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION HACA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development. HACA is not a federal department or agency. A public housing agency (HACA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. HACA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. HACA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation. This chapter contains information about HACA and its programs with emphasis on the HCV program. It also contains information about the purpose, intent and use of the plan and guide. There are three parts to this chapter: Part I: The Public Housing Agency (HACA). This part includes a description of HACA, its jurisdiction, its programs, and its mission and intent. Part II: The HCV Program. This part contains information about the Housing Choice Voucher program operation, roles and responsibilities, and partnerships. Part III: The HCV Administrative Plan. This part discusses the purpose and organization of the plan and its revision requirements. 1-I.A. OVERVIEW PART I: HACA This part explains the origin of HACA s creation and authorization, the general structure of the organization, and the relationship between HACA Board and staff. 1-I.B. ORGANIZATION AND STRUCTURE OF HACA The Section 8 tenant-based Housing Choice Voucher (HCV) assistance program is funded by the federal government and administered by the Housing Authority of the City of Austin (HACA) for the jurisdiction of the City of Austin, Texas. HACA is governed by a Board of Commissioners and is appointed in accordance with state housing law and generally serves in the same capacity as the Directors of a corporation. The Board of Commissioners establishes policies under which HACA conducts business and ensures that those policies are followed by HACA staff. The Board of Commissioners is responsible for preserving and expanding the agency s resources and assuring the agency s continued viability. Formal actions of HACA are taken through written resolutions, adopted by the Board of Commissioners and entered into the official HACA record. Draft Revision October 2015 Page 24 of 401

25 Housing Authority of the City of Austin The principal staff member of HACA is the President/CEO, who is selected and hired by the Board of Commissioners. The CEO oversees day-to-day operations of HACA and is directly responsible for carrying out the policies established by the Board of Commissioners. The CEO s duties include ensuring for the hiring, training and supervising of HACA staff, as well as budgeting and financial planning for the agency. Additionally, the CEO is charged with ensuring compliance with federal and state laws and program mandates. 1-I.C. HACA s MISSION STATEMENT To cultivate sustainable affordable housing communities and partnerships that inspires self- reliance, growth and optimism. 1-I.D. HACA S PROGRAMS The following programs are included under this administrative plan: HACA s administrative plan is applicable to the operation of the Housing Choice Voucher program. 1-I.E. HACA S COMMITMENT TO ETHICS AND SERVICE As a public service agency, HACA is committed to providing excellent service to HCV applicants, participant families and owners, and the public. In order to provide superior service, HACA resolves to: Administer applicable federal and state laws and regulations to achieve high ratings in compliance measurement indicators while maintaining efficiency in program operation to ensure fair and consistent treatment of clients served. Provide decent, safe, and sanitary housing in compliance with program housing quality standards for very low-income families while ensuring that family rents are fair, reasonable, and affordable. Encourage self-sufficiency of participant families and assist in the expansion of family opportunities, which address educational, socio-economic, recreational and other human services needs. Promote fair housing and the opportunity for very low- and low-income families of all races, ethnicities, national origins, religions, ethnic backgrounds and with all types of disabilities, to participate in the Housing Choice Voucher program and to experience freedom of housing choice. Promote a housing program, which maintains quality service and integrity while providing an incentive to private property owners to rent to very low-income and low-income families. Promote a market-driven housing program that will help qualified low-income families be successful in obtaining affordable housing and increase the supply of housing choices for such families. Draft Revision October 2015 Page 25 of 401

26 Housing Authority of the City of Austin Create positive public awareness and expand the level of family, owner, and community support in accomplishing HACA s mission. Attain and maintain a high level of standards and professionalism in day-to-day management of all program components. Administer an efficient, high-performing agency through continuous improvement of HACA s support systems and commitment to our employees and their development. HACA will make every effort to keep program participants informed of HCV program rules and regulations, and to advise participants of how the program rules affect them. PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM The intent of this section is to provide the public and staff with information related to the overall operation of the program. There have been many changes to the program since its inception in 1974 and a brief history of the program will assist the reader to better understand the program. The United States Housing Act of 1937 (the Act ) is responsible for the birth of federal housing program initiatives. The Act was intended to provide financial assistance to states and cities for public works projects, slum clearance and the development of affordable housing developments for low-income residents. The Housing and Community Development (HCD) Act of 1974 created a new federally assisted housing program the Section 8 Existing program (also known as the Section 8 Certificate program). The HCD Act represented a significant shift in federal housing strategy from locally owned public housing to privately owned rental housing. Under the Certificate program, federal housing assistance payments were made directly to private owners of rental housing, where this housing was made available to lower-income families. Eligible families were able to select housing in the private rental market. Assuming that the housing met certain basic physical standards of quality ( housing quality standards ) and was within certain HUD-established rent limitations ( fair market rents ), the family would be able to receive rental assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the family s adjusted income, with the remainder of the rent paid by the program. Another unique feature of the Certificate program was that the rental assistance remained with the eligible family, if the family chose to move to another privately-owned rental unit that met program requirements (in contrast to the public housing program where the rental assistance remains with the unit, should the family decide to move). Consequently, the Certificate program was characterized as tenant-based assistance, rather than unit-based assistance. The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant-based assistance the Section 8 Voucher program. The Voucher program was very similar to the Certificate program in that eligible families were able to select housing in the private rental market and receive assistance in that housing unit. Draft Revision October 2015 Page 26 of 401

27 Housing Authority of the City of Austin However, the Voucher program permitted families more options in housing selection. Rental housing still had to meet the basic housing quality standards, but there was no fair market rent limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family might pay more or less than 30 percent of their adjusted income for rent. From 1987 through 1999, public housing agencies managed both the Certificate and Voucher tenant-based assistance programs, with separate rules and requirements for each. From 1994 through 1998, HUD published a series of new rules, known as conforming rules, to more closely combine and align the two similar housing programs, to the extent permitted by the law. In 1998, the Quality Housing and Work Responsibility Act (QHWRA) also known as the Public Housing Reform Act was signed into law. QHWRA eliminated all statutory differences between the Certificate and Voucher tenant-based programs and required that the two programs be merged into a single tenant-based assistance program, now known as the Housing Choice Voucher (HCV) program. The HCV program was modeled closely on the pre-merger Voucher program. However, unlike the pre-merger Voucher program, the HCV program requires an assisted family to pay at least 30 percent of adjusted income for rent. The transition of assistance from the Certificate and Voucher programs to the new HCV program began in October By October 2001, all families receiving tenant-based assistance were converted to the HCV program. 1-II.B. HCV PROGRAM BASICS The purpose of the HCV program is to provide rental assistance to eligible families. The rules and regulations of the HCV program are determined by the U.S. Department of Housing and Urban Development. HACA is afforded choices in the operation of the program, which are included in HACA s administrative plan, a document approved by the Board of Commissioners of HACA. The HCV program offers mobility to eligible families because they may search for suitable housing anywhere in PHA s jurisdiction and may be eligible to move under portability to other PHAs jurisdictions. When a family is determined to be eligible for the program and funding is available, HACA issues the family a housing voucher. When the family finds a suitable housing unit and funding is available, HACA will enter into a contract with the owner and the family will enter into a lease with the owner. Each party makes their respective payment to the owner so that the owner receives full rent. Even though the family is determined to be eligible for the program, the owner has the responsibility of approving the family as a suitable renter. HACA continues to make payments to the owner as long as the family is eligible and the housing unit continues to qualify under the program. Draft Revision October 2015 Page 27 of 401

28 Housing Authority of the City of Austin 1-II.C. THE HCV PARTNERSHIPS To administer the HCV program, HACA enters into a contractual relationship with HUD (Consolidated Annual Contributions Contract). HACA also enters into contractual relationships with the assisted family and the owner or landlord of the housing unit. For the HCV program to work and be successful, all parties involved HUD, HACA, the owner, and the family have important roles to play. The roles and responsibilities of all parties are defined in federal regulations and in legal documents that parties execute to participate in the program. The chart on the following page illustrates key aspects of these relationships. Draft Revision October 2015 Page 28 of 401

29 Housing Authority of the City of Austin The HCV Relationships: Congress Appropriates Funding HUD Provides Funding To HACA Program Regulations and ACC specifies HACA s Obligations and Voucher Funding HACA Administers Program Voucher specifies Family Obligations Housing Assistance Payments (HAP) Contract specifies Owner and HACA Obligations Family (Program Participant) Lease specifies Tenant and Landlord Obligations Owner / Landlord Draft Revision October 2015 Page 29 of 401

30 Housing Authority of the City of Austin What Does HUD Do? HUD has the following major responsibilities: Develop regulations, requirements, handbooks, notices and other guidance to implement HCV housing program legislation passed by Congress; Allocate HCV program funds to PHAs; Provide technical assistance to PHAs on interpreting and applying HCV program requirements; Monitor PHAs compliance with HCV program requirements and PHAs performance in program administration. What Does HACA Do? HACA administers the HCV program under contract with HUD and has the following major responsibilities: Establish local policies; Review applications from interested applicants to determine whether applicants are eligible for the program; Maintain waiting list and select families for admission; Issue voucher to eligible families and provide information on how to lease units; Conduct outreach to owners, with special attention to owners outside areas of poverty or minority concentration; Approve the rental unit (including assuring compliance with housing quality standards and rent reasonableness), the owner, and the tenancy; Make housing assistance payments to the owner in a timely manner; Recertify families for continued eligibility under the program; Ensure that owners and families comply with program rules and their contractual obligations; Provide families and owners with prompt, professional service; Comply with all fair housing and equal opportunity requirements, HUD regulations and requirements, the Annual Contributions Contract, HUD-approved applications for funding, HACA s administrative plan, and other applicable federal, state and local laws. What does the Owner do? The owner has the following major responsibilities: Screen families who apply for tenancy, to determine suitability as renters. - HACA can provide some information to the owner, but the primary responsibility for tenant screening rests with the owner. Draft Revision October 2015 Page 30 of 401

31 Housing Authority of the City of Austin - The owner should consider family background factors such as rent and bill-paying history, history of caring for property, respecting the rights of others to peaceful enjoyment of the property, compliance with essential conditions of tenancy, whether the family is engaging in drug-related criminal activity or other criminal activity that might threaten others. Comply with the terms of the Housing Assistance Payments contract, executed with HACA; Comply with all applicable fair housing laws and discriminate against anyone; Maintain the housing unit in accordance with Housing Quality Standards (HQS) and make necessary repairs in a timely manner; Collect rent due from the assisted family and otherwise comply with and enforce provisions of the dwelling lease. What Does the Family Do? The family has the following responsibilities: Provide HACA with complete and accurate information, determined by HACA to be necessary for administration of the program; Make their best and most timely efforts to locate qualified and suitable housing; Attend all appointments scheduled by HACA; Allow HACA to inspect the unit at reasonable times and after reasonable notice; Take responsibility for care of the housing unit, including any violations of housing quality standards caused by the family; Comply with the terms of the lease with the owner; Comply with the family obligations of the voucher; Not commit serious or repeated violations of the lease; Not engage in drug-related or violent criminal activity; Notify HACA and the owner before moving or terminating the lease; Use the assisted unit only for residence and as the sole residence of the family. Not sublet the unit, assigns the lease, or have any interest in the unit; Promptly notify HACA of any changes in family composition; Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing programs. 1-II.D. APPLICABLE REGULATIONS Applicable regulations include: 24 CFR Part 5: General Program Requirements 24 CFR Part 8: Nondiscrimination Draft Revision October 2015 Page 31 of 401