Honorable Chairman and Housing Authority Board Members Attn: Laura C. Kuhn, Executive Director

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1 Agenda Item No. 6B January 27, 2015 TO: FROM: SUBJECT: Honorable Chairman and Housing Authority Board Members Attn: Laura C. Kuhn, Executive Director Emily Cantu, Director of Housing Services APPROVAL OF THE VACAVILLE HOUSING AUTHORITY OF REVISIONS TO THE ADMINISTRATIVE PLAN FOR THE HOUSING CHOICE VOUCHER (SECTION 8) PROGRAM FOR SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DISCUSSION: The City of Vacaville Housing Authority (VHA) is responsible for administering the Section 8 Housing Choice Voucher Program (HCVP) funded by the Department of Housing and Urban Development (HUD). The HCVP is the federal government's major program for assisting very low-income families (annual income is less than $38,350 for a four person household), the elderly and the disabled to afford decent, safe and sanitary housing in the private market. The VHA assists approximately 1,193 households in Vacaville with rental assistance subsidies. HUD issues program regulations that Housing Authorities must follow, but also allows the Housing Authorities to establish local policies through their Administrative Plan. The VHA periodically updates its Administrative Plan as regulations and other circumstances change, as new programs are added or when clarification of an existing policy is needed. For example, the Administrative Plan was updated three times during 2013 in order to address HUD streamlining measures and decreases in funding for program administration and rental subsidies. HUD has made additional regulatory changes and the VHA must revise its Administrative Plan as follows to incorporate the changes: The definition of Extremely Low Income (ELI): ELI cannot exceed the higher of the federal poverty level or 30% of area median income. This definition affects ELI targeting requirements (ELI families must make up at least 75% of the families admitted to the program) but does not have any significant impact on VHA operations. Utility Allowance Determination: Housing Authorities must use the lower of the family s voucher bedroom size or the unit size the family selects when determining the family s utility allowance. The utility allowance is subtracted from the amount that families pay toward the rent. Higher utility allowances lower a family s portion of rent and lower utility allowances increase a family s portion of rent. When utility allowances are lowered through this change, rental subsidy expenses paid by the VHA will reduce. Housing Quality Standards (HQS) Inspections: All units participating in the HCVP must meet HQS. Housing Authorities can now perform unit inspections biennially rather than annually. The VHA will generally perform unit inspections biennially unless the unit fails inspection or at the discretion of the VHA that the unit should be inspected annually. Implementing biennial inspections increases program efficiencies and reduces program administration expenses.

2 Violence Against Women Act (VAWA): Sexual assault must be added to the definition of violence against women and requirements related to notifying families and owners about their rights and responsibilities under VAWA; requesting documentation from victims of domestic violence, dating violence, sexual assault and stalking; and maintaining the confidentiality of information obtained from victims must be revised. The VHA has incorporated changes to its practices to ensure VAWA requirements are being met. In addition to revisions due to changes in regulations, staff recommends the following revision in order to set forth in policy past practice related to repayment of debt owed to the VHA: Repayment Guidelines: If an overpayment of rental subsidy occurs, it must be repaid by the responsible party (the family or the landlord). The VHA may enter into a repayment agreement to pay amounts owed to the VHA. The policy will allow the VHA to lower monthly payments and/or reduce down payment requirements if the payments would cause undue hardship. This policy complies with HUD s guidance. Attachment 1 includes the revised Plan language. If approved by the Housing Authority Board, the amended Administrative Plan will be submitted to HUD for review and approval. FISCAL IMPACT: No impact to the General Fund. The Housing Choice Voucher Program is funded by federal monies from the Department of Housing and Urban Development. RECOMMENDATION: By simple motion, that the Vacaville Housing Authority approve the revised Administrative Plan for the Housing Choice Voucher (Section 8) Program for submittal to the U.S. Department of Housing and Urban Development. ATTACHMENTS: Attachment 1: Revised Administrative Plan Language

3 Attachment 1 REVISED ADMINISTRATIVE PLAN LANGUAGE The revisions to the Administrative Plan language are in italics below. CHAPTER 3 ELIGIBILITY 3-II.A. INCOME ELIGIBILITY AND TARGETING Income Limits Types of Low-Income Families [24 CFR 5.603(b)] Low-income family. A family whose annual income does not exceed 80 percent of the median income for the area, adjusted for family size. Very low-income family. A family whose annual income does not exceed 50 percent of the median income for the area, adjusted for family size. Extremely low-income family. A family whose annual income does not exceed the higher of 30 percent of the median income for the area or the federal poverty level, adjusted for family size. HUD may establish higher or lower income ceilings higher or lower than 30, 50, or 80 percent of the median income for an area if HUD finds that such variations are necessary because of unusually high or low family incomes. CHAPTER 6 INCOME AND SUBSIDY DETERMINATIONS 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR ] Overview A VHA-established utility allowance schedule is used in determining family share and VHA subsidy. The VHA must use the lower of the family s voucher bedroom size or the unit size leased by the family when establishing the family s utility allowance. Appropriate utility allowance for the size of dwelling unit actually leased by a family rather than the voucher unit size for which the family qualifies using VHA subsidy standards. See Chapter 5 for information on the VHA s subsidy standards.

4 CHAPTER 8 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR ] INTRODUCTION HUD requires that all units occupied by families receiving Housing Choice Voucher (HCV) assistance meet HUD's Housing Quality Standards (HQS) and permits the VHA to establish additional requirements. The use of the term "HQS" in this plan refers to the combination of both HUD and VHA-established requirements. HQS inspections are required before the Housing Assistance Payments (HAP) Contract is signed and at least annually during the term of the contract. All units must pass an HQS inspection prior to the approval of a lease and Housing Assistance Payment (HAP) contract and at least once every 24 months during the term of the lease and HAP contract, and at other times as needed, to determine that the unit meets HQS. Effective July 1, 2014, PHA s may establish a policy for performing unit inspections biennially rather than annually. This policy could apply to some or all assisted units and PHAs still have the option to inspect units annually. See Section 8.II.G ANNUAL/BIENNIAL HQS INSPECTIONS for more details. 8-II.A. OVERVIEW [24 CFR ] Types of Inspections The VHA conducts the following types of inspections as needed. Each type of inspection is discussed in the paragraphs that follow. Initial Inspections. The VHA conducts initial inspections in response to a request from the family to approve a unit for participation in the HCV program. The unit must pass the HQS inspection on or before the effective date of the lease and HAP Contract. Annual/Biennial Inspections. HUD requires the VHA to inspect each unit under lease at least annually (within less than 12 months from last inspection) or biennially (within 24 months from last inspection) to confirm that the unit still meets HQS. The inspection may be conducted in conjunction with the family s annual reexamination but also may be conducted separately. Special Inspections. A special inspection may be requested by the landlord, the family, or a third party as a result of problems identified with a unit between annual/biennial inspections. Quality Control Inspections. HUD requires that a sample of units be re-inspected by a supervisor or other qualified individual to ensure that HQS are being enforced correctly and uniformly by all inspectors. Move-Out/Inspections. Conducted as a courtesy if requested, or if necessary to determine family compliance with Family Obligations.

5 8-II.C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR (a)] Scheduling the Inspection Each unit under HAP contract must have an annual inspection no more than 12 months after the most recent inspection. Each unit under lease and HAP contract must be inspected within 12 months (annually) or 24 months (biennially) of the last full HQS inspection. Generally, the VHA will schedule HQS inspections biennially. The VHA will conduct annual inspections as follows: If a unit fails a biennial HQS inspection, the unit will be inspected annually for the following 2 years. If a unit is found to have a life-threatening HQS failure (as defined by the VHA See Section 8-I.C. LIFE THREATENING CONDITIONS), the unit will be inspected annually for the following 2 years. If one or more complaints, verified by the VHA, are received, the unit will be inspected annually for the following 2 years. At the discretion of the VHA, annual HQS inspections may be required for any unit. CHAPTER 16 PROGRAM ADMINISTRATION 16-III.B. REPAYMENT POLICY Repayment Agreement Guidelines Down Payment Requirement The landlord or family must pay 10 percent of the balance owed to the VHA 30 days after the execution of the repayment agreement. If the family can provide evidence satisfactory to the VHA that a down payment of 10 percent would impose an undue hardship, the VHA may, in its sole discretion, require a lesser percentage or waive the requirement. Payment Thresholds Notice PIH recommends that the total amount that a family must pay each month (the family s monthly share of rent plus the monthly debt repayment amount) not exceed 40 percent of the family s monthly adjusted income. However, a family may be paying 40 percent or more of its monthly adjusted income towards rent prior to owing a debt to the VHA. Notice PIH confirms that PHAs have the discretion to establish thresholds and policies for repayment agreements with families [24 CFR (c)(1)(vii)]. The VHA threshold and policies are as follows: Amounts between $3,000 and the Federal or State threshold for criminal prosecution must be repaid within 36 months. Amounts between $2,000 and $2,999 must be repaid within 30 months. Amounts between $1,000 and $1,999 must be repaid within 24 months. Amounts under $1,000 must be repaid within 12 months.

6 The family must make minimum payments of the amounts owed divided by the number of months allowed to pay. For example, if a family owes $2,000, the VHA will require a $200 down payment (10%) and then require a payment of $1,900 divided by 30 months for a total of $63.33 minimum payment due each month. If a family can provide evidence satisfactory to the VHA that the threshold applicable to the family s debt would impose an undue hardship, the VHA may, in its sole discretion, determine that a lower monthly payment amount is reasonable and extend the time period for repayment. In making its determination, the VHA will consider all relevant information, including but not limited to the following: The amount owed by the family to the VHA, The reason for the debt, including whether the debt was the result of family action/inaction or circumstances beyond the family s control, The family s current and potential income and expenses, The family s current family share, as calculated under 24 CFR , The family s history of meeting its financial responsibilities. PART VI: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY 16-VI.A. OVERVIEW The Violence Against Women Act of (VAWA) provides special protections for victims of domestic violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under the housing choice voucher (HCV) program. 16-VI.B. DEFINITIONS [24 CFR ] As used in VAWA: The term immediate family memberaffiliated individual means, with respect to a person: A spouse, parent, brother or sister, or child of that personindividual, or an individual to whom that personindividual stands in the position or place of a parent; or Any other personindividual, tenant or lawful occupant living in the household of that person and related to that person by blood and marriage individual. The term sexual assault means: Any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks the capacity to consent. 16-VI.C. NOTIFICATION [24 CFR (a)] Notification to Public The VHA adopts the following policy to help ensure that all actual and potential beneficiaries of its HCV program are aware of their rights under VAWA. VHA Policy The VHA will post the following information regarding VAWA in its offices and on its Web site. It will also make the information readily available to anyone who requests it.

7 A summary of the rights and protections provided by VAWA to housing choice voucher program applicants and participants who are or have been victims of domestic violence, dating violence, sexual assault, or stalking (see sample notices in Exhibits 16-1 and 16-2) The definitions of domestic violence, dating violence, sexual assault, and stalking provided in VAWA (included in Exhibits 16-1 and 16-2) Notification to Program Applicants and Participants [24 CFR (a)(1)] PHAs are required to inform program applicants and participants of their rights under VAWA, including their right to confidentiality and the limits thereof, when they are denied assistance, when they are admitted to the program, and when they are notified of an eviction or termination of housing benefits. Since VAWA provides protections for applicants as well as participants, PHAs may elect to provide the same information to applicants. 16-VI.D. DOCUMENTATION [24 CFR ] A PHA presented with a claim for initial or continued assistance based on status as a victim of domestic violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of abuse may but is not required to request that the individual making the claim document the abuse. Any request for documentation must be in writing, and the individual must be allowed at least 14 business days after receipt of the request to submit the documentation. The PHA may extend this time period at its discretion. [24 CFR (a)] The individual may satisfy the PHA s request by providing any one of the following three forms of documentation [24 CFR (b)]: (1) A completed and signed HUD-approved certification form (HUD-50066, Certification of Domestic Violence, Dating Violence, or Stalking), which must include the name of the perpetrator only if the name of the perpetrator is safe to provide and is known to the victim (2) A federal, state, tribal, territorial, or local police report or court record (3) Documentation signed by a person who has assisted the victim in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of such abuse. This person may be an employee, agent, or volunteer of a victim service provider; an attorney; or a medical professional. Acceptable documentation also includes a record of an administrative agency, and documentation from a mental health professional. The person signing the documentation must attest under penalty of perjury to the person s belief that the incidents in question are bona fide incidents of abuse. The victim must also sign the documentation. VHA Policy Any request for documentation of domestic violence, dating violence, sexual assault, or stalking will specify a deadline of 14 business days following receipt of the request, will describe the three forms of acceptable documentation, will provide explicit instructions on where and to whom the documentation must be submitted, and will state the consequences for failure to submit the documentation or request an extension in writing by the deadline.

8 Discretion to Require No Formal Documentation [24 CFR (d)] The VHA has the discretion to provide benefits to an individual based solely on the individual s statement or other corroborating evidence i.e., without requiring formal documentation of abuse in accordance with 24 CFR (b). VHA Policy If the VHA accepts an individual s statement or other corroborating evidence of domestic violence, dating violence, sexual assault, or stalking, the VHA will document acceptance of the statement or evidence in the individual s file. 16-IX.E. CONFIDENTIALITY [24 CFR (b)(4)] All information provided to the VHA regarding domestic violence, dating violence, sexual assault, or stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in confidence. EXHIBIT 16-1: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER APPLICANTS AND TENANTS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This sample notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in protects individuals who are victims of domestic violence, dating violence, sexual assault, or stalking. The name of the law is the Violence against Women Act, or VAWA. This notice explains your rights under VAWA. Protections for Victims If you are eligible for a Section 8 voucher, the housing authority cannot deny you rental assistance solely because you are a victim of domestic violence, dating violence, sexual assault, or stalking. If you are the victim of domestic violence, dating violence, sexual assault, or stalking, you cannot be terminated from the Section 8 program or evicted based on acts or threats of violence committed against you. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or stalking that are caused by a member of your household or a guest can t be the reason for evicting you or terminating your rental assistance if you were the victim of the abuse. Reasons You Can Be Evicted You can be evicted and your rental assistance can be terminated if the housing authority or your landlord can show there is an actual and imminent (immediate) threat to other tenants or employees at the property if you remain in your housing. Also, you can be evicted and your rental assistance can be terminated for serious or repeated lease violations that are not related to the domestic violence, dating violence, sexual assault, or stalking committed against you. The housing authority and your landlord cannot hold you to a more demanding set of rules than it applies to tenants who are not victims. Proving That You Are a Victim of Domestic Violence, Dating Violence, or Stalking The housing authority and your landlord can ask you to prove or certify that you are a victim of domestic violence, dating violence, sexual assault, or stalking. The housing authority or your landlord must give you at least 14 business days (i.e., Saturdays, Sundays, and holidays do not count) to provide this proof. The housing authority and your landlord are free to extend the deadline. There are three ways you can prove that you are a victim:

9 Complete the certification form given to you by the housing authority or your landlord. The form will ask for your name, the name of your abuser, the abuser s relationship to you, the date, time, and location of the incident of violence, and a description of the violence. You are only required to provide the name of the abuser if it is safe to provide and you know their name. EXHIBIT 16-2: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA) This sample notice was adapted from a notice prepared by the National Housing Law Project. A federal law that went into effect in protects individuals who are victims of domestic violence, dating violence, sexual assault, and stalking. The name of the law is the Violence against Women Act, or VAWA. This notice explains your obligations under VAWA. Protections for Victims You cannot refuse to rent to an applicant solely because he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You cannot evict a tenant who is the victim of domestic violence, dating violence, sexual assault, or stalking based on acts or threats of violence committed against the victim. Also, criminal acts directly related to the domestic violence, dating violence, sexual assault, or stalking that are caused by a household member or guest cannot be cause for evicting the victim of the abuse. Permissible Evictions You can evict a victim of domestic violence, dating violence, sexual assault, or stalking if you can demonstrate that there is an actual and imminent (immediate) threat to other tenants or employees at the property if the victim is not evicted. Also, you may evict a victim for serious or repeated lease violations that are not related to the domestic violence, dating violence, sexual assault, or stalking. You cannot hold a victim of domestic violence, dating violence, sexual assault, or stalking to a more demanding standard than you hold tenants who are not victims. Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking If a tenant asserts VAWA s protections, you can ask the tenant to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking. You are not required to demand official documentation and may rely upon the victim s statement alone. If you choose to request certification, you must do so in writing and give the tenant at least 14 business days to provide documentation. You are free to extend this deadline. A tenant can certify that he or she is a victim by providing any one of the following three documents: A completed, signed HUD-approved certification form. The most recent form is HUD This form is available at the housing authority or online at A statement from a victim service provider, attorney, or medical professional who has helped the victim address incidents of domestic violence, dating violence, sexual assault, or stalking. The professional must state that he or she believes that the incidents of abuse are real. Both the victim and the professional must sign the statement under penalty of perjury. Confidentiality You must keep confidential any information a tenant provides to certify that he or she is a victim of domestic violence, dating violence, sexual assault, or stalking.

10 VAWA and Other Laws VAWA does not replace any federal, state, or local law that provides greater protection for victims of domestic violence, dating violence, sexual assault, or stalking. Definitions For purposes of determining whether a tenant may be covered by VAWA, the following list of definitions applies: VAWA defined sexual assault as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent (42 U.S.C (a)).