Boulder County Housing Authority Section 8/Housing Choice Voucher 2016 Administrative Plan

Transcription

1 Boulder County Housing Authority Section 8/Housing Choice Voucher 2016 Administrative Plan The Housing Authority of the County of Boulder, Colorado does not discriminate on the basis of handicapped Initial Status in the admission or access to, or treatment or employment in, its federally assisted programs or activities," within all materials and publications made available to applicants, tenants, and employees th Street, Suite 204, Boulder, CO /

2 Administrative Plan Table of Contents Introduction ABOUT THE REFERENCES CITED IN THE MODEL ADMINISTRATIVE PLAN Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN PART I: THE PHA I.A. Overview I.B. Organization and Structure of the PHA I.C. PHA Mission I.D. The PHA s Programs I.E. The PHA s Commitment to Ethics and Service PART II: THE HOUSING CHOICE VOUCHER (HCV) PROGRAM 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 the PHA do? What does the Owner do? What does the Family do? II.D. Applicable Regulations PART III: THE HCV ADMINISTRATIVE PLAN III.A. Overview and Purpose of the Plan III.B. Contents of the Plan (24CFR ) Mandatory vs. Discretionary Policy III.C. Organization of the Plan III.D. Updating and Revising the Plan Chapter 2 FAIR HOUSING AND EQUAL OPPORTUNITY 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 [Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair Housing Act, Notice PIH ] II.F. Program Accessibility for Persons with Hearing or Vision Impairments II.G. Physical Accessibility II.H. Denial or Termination of Assistance Boulder County Housing Authority Administrative Plan 2016 TOC, Page 1 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

3 Administrative Plan Table of Contents 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 [24 CFR Parts 8.3, and ] Chapter 3 ELIGIBILITY PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS I.A. Overview I.B. Family and Household [24 CFR (c), HUD IB, p. 13] Family Household I.C. Family Breakup and Remaining Member of Tenant Family Family Breakup [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, Cohead, and Other Adult I.F. Dependent [24 CFR 5.603] Joint Custody of Dependents I.G. Full Time Student [24 CFR 5.603, HVC GB p. 5 29] I.H. Elderly and Near Elderly Persons, and Elderly Family [24 CFR and 5.403] Elderly Persons Near Elderly Persons Elderly Family I.I. Persons with Disabilities and Disabled Family [24 CFR 5.403] 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 Cohead 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 Income Limits Types of Low Income Families [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] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 2 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

4 Administrative Plan Table of Contents 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 and 5.218] II.D. Family Consent to Release of Information [24 CFR 5.230, HCV GB, p. 5 13] II.E. Students Enrolled In Institutions of Higher Education [24 CFR and FR Notice 4/10/06] Definitions Determining Student Eligibility PART III: DENIAL OF ASSISTANCE III.A. Overview Forms of Denial [24 CFR (a)(2); HCV GB, p. 5 35] Prohibited Reasons for Denial of Program Assistance [24 CFR (b), 24 CFR (b)] III.B. Mandatory Denial of Assistance [24 CFR (a)] III.C. Other Permitted Reasons for Denial of Assistance Criminal Activity [24 CFR ] Previous Behavior in Assisted Housing [24 CFR (c)] III.D. Screening Screening for Eligibility Screening for Suitability as a Tenant [24 CFR ] III.E. Criteria for Deciding to Deny Assistance Evidence [24 CFR (c)] Consideration of Circumstances [24 CFR (c)(2)] Removal of a Family Member's Name from the Application [24 CFR (c)(2)(ii)] Reasonable Accommodation [24 CFR (c)(2)(iv)] III.F. Notice of Eligibility or Denial III.G. Prohibition Against Denial of Assistance to Victims of Domestic Violence, Dating Violence, and Stalking Notification Documentation Exhibit 3 1: Detailed Definitions Related to Disabilities Person with Disabilities [24 CFR 5.403] Individual with Handicaps [24 CFR 8.3] Exhibit 3 2: Definition of Institution of Higher Education [20 U.S.C 1001 and 1002] Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006] 3 37 Chapter 4 APPLICATIONS, WAITING LIST AND TENANT SELECTION PART I: THE APPLICATION PROCESS I.A. Overview I.B. Applying for Assistance [HCV GB, pp , Notice PIH ] I.C. Accessibility of the Application Process Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp ] Limited English Proficiency Boulder County Housing Authority Administrative Plan 2016 TOC, Page 3 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

5 Administrative Plan Table of Contents 4 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 [24 CFR and 205] II.C. Opening and Closing the Waiting List [24 CFR ] Closing the Waiting List Reopening the Waiting List II.D. Family Outreach [HCV GB, pp. 4 2 to 4 4] II.E. Reporting Changes in Family Circumstances II.F. Updating the Waiting List [24 CFR ] Purging the Waiting List Removal from the Waiting List PART III: SELECTION FOR HCV ASSISTANCE III.A. Overview III.B. Selection and HCV Funding Sources Special Admissions [24 CFR ] Targeted Funding [24 CFR (e)] Regular HCV Funding III.C. Selection Method Local Preferences [24 CFR ; HCV p. 4 16] Income Targeting Requirement [24 CFR (b)(2)] Order of Selection III.D. Notification of Selection III.E. The Application Interview III.F. Completing the Application Process Chapter 5 BRIEFINGS AND VOUCHER ISSUANCE PART I: BRIEFINGS AND FAMILY OBLIGATIONS I.A. Overview I.B. Briefing [24 CFR ] Notification and Attendance 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 Voucher Term [24 CFR ] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 4 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

6 Administrative Plan Table of Contents Extensions of Voucher Term [24 CFR (b)] Suspensions of Voucher Term [24 CFR (c)] Expiration of Voucher Term Chapter 6 INCOME AND SUBSIDY DETERMINATIONS [24 CFR Part 5, Subparts E and F; 24 CFR 982] PART I: ANNUAL INCOME I.A. Overview I.B. Household Composition and Income Summary of Income Included and Excluded by Person Temporarily Absent Family Members 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 Projecting Income I.D. Earned Income Types of Earned Income Included in Annual Income Types of Earned Income Not Counted in Annual Income I.E. Earned Income Disallowance for Persons with Disabilities [24 CFR 5.617] Eligibility Calculation of the Disallowance I.F. Business Income [24 CFR 5.609(b)(2)] Business Expenses Business Expansion Capital Indebtedness Negative Business Income Withdrawal of Cash or Assets from a Business Co owned Businesses I.G. Assets [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)] Overview General Policies Types of Assets I.H. Periodic Payments Periodic Payments Included in Annual Income Lump Sum Payments for the Delayed Start of a Periodic Payment Treatment of Overpayment Deductions from Social Security Benefits Periodic Payments Excluded from Annual Income I.I. Payments In Lieu of Earnings I.J. Welfare Assistance Overview Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615] I.K. Periodic and Determinable Allowances [24 CFR 5.609(b)(7)] Alimony and Child Support Regular Contributions or Gifts Boulder County Housing Authority Administrative Plan 2016 TOC, Page 5 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

7 Administrative Plan Table of Contents 6 I.L. Student Financial Assistance [24 CFR 5.609(b)(9)] Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9) and FR 4/10/06] Student Financial Assistance Excluded from Annual Income [24 CFR 5.609(c)(6)] I.M. Additional Exclusions from Annual Income PART II: ADJUSTED INCOME II.A. Introduction Overview Anticipating Expenses II.B. Dependent Deduction II.C. Elderly or Disabled Family Deduction II.D. Medical Expenses Deduction [24 CFR 5.611(a)(3)(i)] Definition of Medical Expenses Summary of Allowable Medical Expenses from IRS Publication Families That Qualify for Both Medical and Disability Assistance Expenses II.E. Disability Assistance Expenses Deduction [24 CFR 5.603(b) and 24 CFR 5.611(a)(3)(ii)] Earned Income Limit on the Disability Assistance Expense Deduction Eligible Disability Expenses Necessary and Reasonable Expenses Families That Qualify for Both Medical and Disability Assistance Expenses 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 PART III: CALCULATING FAMILY SHARE AND PHA SUBSIDY III.A. Overview of Rent and Subsidy Calculations TTP Formula [24 CFR 5.628] Family Share [24 CFR (a)(5)] PHA Subsidy [24 CFR (b)] Utility Reimbursement [24 CFR (b)] III.B. Financial Hardships Affecting Minimum Rent [24 CFR 5.630] Overview HUD Defined Financial Hardship Implementation of Hardship Exemption III.C. Applying Payment Standards [24 CFR ] Overview Changes in Payment Standards Reasonable Accommodation III.D. Applying Utility Allowances [24 CFR ] Overview Reasonable Accommodation Utility Allowance Revisions III.E. Prorated Assistance for Mixed Families [24 CFR 5.520] Exhibit 6 1: Annual Income Inclusions HHS Definition of "Assistance" Boulder County Housing Authority Administrative Plan 2016 TOC, Page 6 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

8 Administrative Plan Table of Contents Exhibit 6 2: Annual Income Exclusions 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 7 VERIFICATION [24 CFR , 24 CFR , 24 CFR 5.230, Notice PIH ] PART I: GENERAL VERIFICATION REQUIREMENTS I.A. Family Consent to Release of Information [24 CFR and , 24 CFR 5.230] Consent Forms Penalties for Failing to Consent [24 CFR 5.232] I.B. Overview of Verification Requirements HUD s Verification Hierarchy [Notice PIH ] Requirements for Acceptable Documents File Documentation I.C. Up Front Income Verification (UIV) Upfront Income Verification Using HUD s Enterprise Income Verification (EIV) System (Mandatory) Upfront Income Verification Using Non HUD Systems (Optional) I.D. Third Party Written and Oral Verification Written Third Party Verification [Notice PIH ] Written Third Party Verification Form Oral Third Party Verification [Notice PIH ] When Third Party Verification is Not Required [Notice PIH ] I.E. Self Certification PART II: VERIFYING FAMILY INFORMATION II.A. Verification of Legal Identity II.B. Social Security Numbers [24 CFR and 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 General Requirements Restrictions on Assistance to Students Enrolled in Institutions of Higher Education II.F. Documentation of Disability Family Members Receiving SSA Disability Benefits Family Members Not Receiving SSA Disability Benefits II.G. Citizenship or Eligible Immigration Status [24 CFR 5.508] Overview U.S. Citizens and Nationals Eligible Immigrants Boulder County Housing Authority Administrative Plan 2016 TOC, Page 7 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

9 Administrative Plan Table of Contents 7 II.H. Verification of Preference Status PART III: VERIFYING INCOME AND ASSETS III.A. Earned Income Tips 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 Assets Disposed of for Less than Fair Market Value III.F. Net Income From Rental Property III.G. Retirement Accounts III.H. Income From Excluded Sources III.I. Zero Annual Income Status III.J. Student Financial Assistance III.K. Parental Income of Students Subject to Eligibility 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 Amount of Expense Eligible Household Qualified Expenses Unreimbursed Expenses Expenses Incurred in Past Years IV.C. Disability Assistance Expenses Amount of Expense Family Member is a Person with Disabilities Family Member(s) Permitted to Work Unreimbursed Expenses IV.D. Child Care Expenses Eligible Child Unreimbursed Expense Pursuing an Eligible Activity Allowable Type of Child Care Reasonableness of Expenses Exhibit 7 1: Summary of Documentation Requirements for Noncitizens [HCV GB, pp. 5 9 and 5 10] Chapter 8 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS [24 CFR 982 Subpart I and 24 CFR ] PART I: PHYSICAL STANDARDS I.A. General HUD Requirements HUD Performance and Acceptability Standards Tenant Preference Items Modifications to Provide Accessibility Boulder County Housing Authority Administrative Plan 2016 TOC, Page 8 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

10 Administrative Plan Table of Contents 8 I.B. Additional Local Requirements Thermal Environment [HCV GB p.10 7] Clarifications of HUD Requirements I.C. Life Threatening Conditions [24 CFR (a)] I.D. Owner and Family Responsibilities [24 CFR ] Family Responsibilities Owner Responsibilities I E. Special Requirements for Children with Environmental Intervention Blood Lead Level [24 CFR ] I F. Violation of HQS Space Standards [24 CFR ] PART II: THE INSPECTION PROCESS II.A. Overview [24 CFR ] Types of Inspections Inspection of PHA owned Units [24 CFR (b)] Inspection Costs Notice and Scheduling Owner and Family Inspection Attendance II.B. Initial HQS Inspection [24 CFR (a)] Timing of Initial Inspections Inspection Results and Reinspections Utilities Appliances II.C. Annual HQS Inspections [24 CFR (a)] Scheduling the Inspection 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 Notification of Corrective Actions Extensions Reinspections II.G. Enforcing Owner Compliance HAP Abatement HAP Contract Termination II.H. Enforcing Family Compliance with HQS [24 CFR (b)] PART III: RENT REASONABLENESS [24 CFR ] III.A. Overview PHA owned Units [24 CFR (b)] III.B. When Rent Reasonableness Determinations Are Required Owner initiated Rent Determinations PHA and HUD Initiated Rent Reasonableness Determinations III.C. How Comparability Is Established Factors to Consider Units that Must Not be Used as Comparables Rents Charged for Other Units on the Premises III.D. PHA Rent Reasonableness Methodology How Market Data is Collected How Rents are Determined Exhibit 8 1: Overview of HUD Housing Quality Standards Boulder County Housing Authority Administrative Plan 2016 TOC, Page 9 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

11 Administrative Plan Table of Contents Exhibit 8 2: Summary of Tenant Preference Areas Related to Housing Quality Chapter 9 GENERAL LEASING POLICIES 9 I.A. Tenant Screening I.B. Requesting Tenancy Approval [Form HUD 52517] I.C. Owner Participation 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 [24 CFR ] Lease Information [24 CFR (d)] Term of Assisted Tenancy 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 10 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY PART I: MOVING WITH CONTINUED ASSISTANCE I.A. Allowable Moves I.B. Restrictions On Moves Denial of Moves Restrictions on Elective Moves [24 CFR (c)] I.C. Moving Process Notification Approval 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 Allowable Moves under Portability Determining Income Eligibility Reexamination of Family Income and Composition Briefing Voucher Issuance and Term Boulder County Housing Authority Administrative Plan 2016 TOC, Page 10 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

12 Administrative Plan Table of Contents Voucher Extensions and Expiration Preapproval Contact with the Receiving PHA Initial Notification to the Receiving PHA Sending Documentation to the Receiving PHA Initial Billing Deadline [Notice PIH ] Monthly Billing Payments [24 CFR (e), Notice PIH ] Annual Updates of Form HUD Denial or Termination of Assistance [24 CFR (c)(9)] II.C. Receiving PHA Role Responding to Initial PHA s Request Initial Contact with Family Briefing Income Eligibility and Reexamination Voucher Issuance Notifying the Initial PHA Administering a Portable Family s Voucher Absorbing a Portable Family Chapter 11 REEXAMINATIONS PART I: ANNUAL REEXAMINATIONS [24 CFR ] I.A. Overview I.B. Scheduling Annual Reexaminations Notification of and Participation in the Annual Reexamination Process I.C. Conducting Annual Reexaminations 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 II.C. Changes Affecting Income or Expenses PHA Initiated Interim Reexaminations Family Initiated Interim Reexaminations II.D. Processing the Interim Reexamination Method of Reporting Effective Dates PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT III.A. Overview 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 Boulder County Housing Authority Administrative Plan 2016 TOC, Page 11 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

13 Administrative Plan Table of Contents Chapter 12 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)] Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH ] Methamphetamine Manufacture or Production [24 CFR (b)(1)(ii)] Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR (b)(5) and FR 4/10/06] Death of the Sole Family Member [24 CFR (d) and Notice PIH ] I.E. Mandatory Policies and Other Authorized Terminations Mandatory Policies [24 CFR (b) and (l)] Other Authorized Reasons for Termination of Assistance [24 CFR (c),, 24 CFR (c)] PART II: APPROACH TO TERMINATION OF ASSISTANCE II.A. Overview II.B. Method of Termination [24 CFR (a)(3)] II.C. Alternatives to Termination of Assistance Change in Household Composition Repayment of Family Debts II.D. Criteria for Deciding to Terminate Assistance Evidence Consideration of Circumstances [24 CFR (c)(2)(i)] Reasonable Accommodation [24 CFR (c)(2)(iv)] II.E. Terminations Related to Domestic Violence, Dating Violence, or Stalking VAWA Protections against Terminations Limitations on VAWA Protections [24 CFR (d) and (e)] Documentation of Abuse [24 CFR ] Terminating the Assistance of a Domestic Violence Perpetrator PHA Confidentiality Requirements [24 CFR (a)(1)(v)] II.F. Termination Notice PART III: TERMINATION OF TENANCY BY THE OWNER III.A. Overview III.B. Grounds for Owner Termination of Tenancy [24 CFR , 24 CFR (c), and Form HUD A, Tenancy Addendum] Serious or Repeated Lease Violations Violation of Federal, State, or Local Law Criminal Activity or Alcohol Abuse Other Good Cause III.C. Eviction [24 CFR (e) and (f) and Form HUD A, Tenancy Addendum] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 12 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

14 Administrative Plan Table of Contents 12 III.D. Deciding Whether to Terminate Tenancy [24 CFR (h), 24 CFR (h)(4)] III.E. Effect of Tenancy Termination on the Family s Assistance Exhibit 12 1: Statement of Family Obligations Chapter 13 OWNERS PART I: OWNERS IN THE HCV PROGRAM I.A. Owner Recruitment and Retention [HCV GB, pp. 2 4 to 2 6] Recruitment Retention 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 [24 CFR (c)] 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 General 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 52641] Chapter 14 PROGRAM INTEGRITY PART I: PREVENTING, DETECTING, AND INVESTIGATING ERRORS AND PROGRAM ABUSE I.A. Preventing Errors and Program Abuse I.B. Detecting Errors and Program Abuse Quality Control and Analysis of Data Independent Audits and HUD Monitoring Individual Reporting of Possible Errors and Program Abuse I.C. Investigating Errors and Program Abuse When the PHA Will Investigate Consent to Release of Information [24 CFR ] Analysis and Findings Consideration of Remedies Notice and Appeals Boulder County Housing Authority Administrative Plan 2016 TOC, Page 13 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

15 Administrative Plan Table of Contents PART II: CORRECTIVE MEASURES AND PENALTIES II.A. Subsidy Under or Overpayments Corrections Reimbursement 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 ] Prohibited Actions Penalties for Program Abuse II.C. Owner Caused Error or Program Abuse Owner Reimbursement to the PHA Prohibited Owner Actions Remedies and Penalties II.D. PHA Caused Errors or Program Abuse Repayment to the PHA PHA Reimbursement to Family or Owner Prohibited Activities II.E. Criminal Prosecution II.F. Fraud and Program Abuse Recoveries Chapter 15 SPECIAL HOUSING TYPES [24 CFR 982 Subpart M] PART I: SINGLE ROOM OCCUPANCY [24 CFR through ] I.A. Overview I.B. Payment Standard, Utility Allowance, and HAP Calculation I.C. Housing Quality Standards (HQS) PART II: CONGREGATE HOUSING [24 CFR through ] II.A. Overview II.B. Payment Standard, Utility Allowance, and HAP Calculation II.C. Housing Quality Standards PART III: GROUP HOME [24 CFR through and HCV GB p. 7 4] III.A. Overview III.B. Payment Standard, Utility Allowance, and HAP Calculation III.C. Housing Quality Standards PART IV: SHARED HOUSING [24 CFR through ] IV.I. Overview IV.B. Payment Standard, Utility Allowance and HAP Calculation IV.C. Housing Quality Standards PART V: COOPERATIVE HOUSING [24 CFR ] V.A. Overview V.B. Payment Standard, Utility Allowance and HAP Calculation V.C. Housing Quality Standards PART VI: MANUFACTURED HOMES [24 CFR through ] VI.A. Overview VI.B. Special Policies for Manufactured Home Owners Who Lease A Space Boulder County Housing Authority Administrative Plan 2016 TOC, Page 14 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

16 Administrative Plan Table of Contents Family Income Lease and HAP Contract VI.C. Payment Standard, Utility Allowance and HAP Calculation Payment Standards Utility Allowance Space Rent Housing Assistance Payment Rent Reasonableness VI.D. Housing Quality Standards PART VII: HOMEOWNERSHIP [24 CFR through ] VII.A. Overview [24 CFR ] VII.B. Family Eligibility [24 CFR ] VII.C. Selection of Families [24 CFR ] VII.D. Eligible Units [24 CFR ] VII.E. Additional PHA Requirements for Search and Purchase [24 CFR ] VII.F. Homeownership Counseling [24 CFR ] VII.G. Home Inspections, Contract of Sale, and PHA Disapproval of Seller [24 CFR ] Home Inspections Contract of Sale Disapproval of a Seller VII.H. Financing [24 CFR ] VII.I. Continued Assistance Requirements; Family Obligations [24 CFR ] VII.J. Maximum Term of Homeowner Assistance [24 CFR ] VII.K. Homeownership Assistance Payments and Homeownership Expenses [24 CFR ] VII.L. Portability [24 CFR , , (b) and (c), , ] VII.M. Moving with Continued Assistance [24 CFR ] VII.N. Denial or Termination of Assistance [24 CFR ] Chapter 16 PROGRAM ADMINISTRATION PART I: ADMINISTRATIVE FEE RESERVE [24 CFR ] PART II: SETTING PROGRAM STANDARDS AND SCHEDULES II.A. Overview II.B. Payment Standards [24 CFR ; HCV GB, Chapter 7] Updating Payment Standards Exception Payment Standards [ (c)] Unit by Unit Exceptions [24 CFR (c)(2)(ii), 24 CFR (d), Notice PIH ] "Success Rate" Payment Standard Amounts [24 CFR (e)] Decreases in the Payment Standard Below the Basic Range [24 CFR (d)] II.C. Utility Allowances [24 CFR ] Air Conditioning Reasonable Accommodation Utility Allowance Revisions PART III: INFORMAL REVIEWS AND HEARINGS Boulder County Housing Authority Administrative Plan 2016 TOC, Page 15 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

17 Administrative Plan Table of Contents 16 III.A. Overview III.B. Informal Reviews Decisions Subject to Informal Review Notice to the Applicant [24 CFR (a)] Scheduling an Informal Review Informal Review Procedures [24 CFR (b)] Informal Review Decision [24 CFR (b)] III.C. Informal Hearings for Participants [24 CFR ] Decisions Subject to Informal Hearing Informal Hearing Procedures III.D. Hearing and Appeal Provisions for Noncitizens [24 CFR 5.514] Notice of Denial or Termination of Assistance [24 CFR 5.514(d)] USCIS Appeal Process [24 CFR 5.514(e)] Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] Informal Hearing Procedures for Residents [24 CFR 5.514(f)] Retention of Documents [24 CFR 5.514(h)] PART IV: OWNER OR FAMILY DEBTS TO THE PHA IV.A. Overview IV.B. Repayment Policy Owner Debts to the PHA Family Debts to the PHA Repayment Agreement [24 CFR ] General Repayment Agreement Guidelines for Families Repayment Agreements Involving Improper Payments PART V: MANAGEMENT ASSESSMENT (SEMAP) V.A. Overview V.B. SEMAP Certification [24 CFR ] HUD Verification Method V.C. SEMAP Indicators [24 CFR and form HUD 52648] SEMAP Indicators Chart 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 Documentation of Domestic Violence, Dating Violence, or Stalking PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL VII.A. Overview VII.B. Reporting Requirement [24 CFR (e)] VII.C. Data Collection and Record Keeping [24 CFR (f)] PART VIII: DETERMINATION OF INSUFFICIENT FUNDING VIII.A. Overview VIII.B. Methodology Boulder County Housing Authority Administrative Plan 2016 TOC, Page 16 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

18 PART IX: Administrative Plan Table of Contents VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY IX.A. Overview IX.B. Definitions [24 CFR ] IX.C. Notification [24 CFR (a)] Notification to Public Notification to Program Applicants and Participants [24 CFR (a)(1)] Notification to Owners and Managers [24 CFR (a)(2)] IX.D. Documentation [24 CFR ] Conflicting Documentation [24 CFR (e)] Discretion to Require No Formal Documentation [24 CFR (d)] 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 17 PROJECT BASED VOUCHERS PART I: GENERAL REQUIREMENTS I.A. Overview [24 CFR 983.5] I.B. Tenant Based vs. Project Based Voucher Assistance [24 CFR 983.2] I.C. Relocation Requirements [24 CFR 983.7] I.D. Equal Opportunity Requirements [24 CFR 983.8] PART II: PBV OWNER PROPOSALS II.A. Overview II.B. Owner Proposal Selection Procedures [24 CFR ] Solicitation and Selection of PBV Proposals [24 CFR (b) and (c)] PHA owned Units [24 CFR (e) and ] PHA Notice of Owner Selection [24 CFR (d)] II.C. Housing Type [24 CFR ] II.D. Prohibition of Assistance for Certain Units Ineligible Housing Types [24 CFR ] Subsidized Housing [24 CFR ] II.E. Subsidy Layering Requirements [24 CFR , FR Notice 11/24/08, and FR Notice 7/9/10] II.F. Cap On Number of PBV Units in Each Project Percent per Project Cap [24 CFR (a), FR Notice 11/24/08] Exceptions to 25 Percent per Project Cap [24 CFR (b), FR Notice 11/24/08] Promoting Partially Assisted Buildings [24 CFR (c)] II.G. Site Selection Standards Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards [24 CFR (b)] Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR (d)] New Construction Site and Neighborhood Standards [24 CFR (e)] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 17 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

19 Administrative Plan Table of Contents 17 II.H. Environmental Review [24 CFR ] PART III: DWELLING UNITS III.A. Overview III.B. Housing Quality Standards [24 CFR ] Lead based Paint [24 CFR (c)] III.C. Housing Accessibility for Persons with Disabilities III.D. Inspecting Units Pre selection Inspection [24 CFR (a)] Pre HAP Contract Inspections [24 CFR (b)] Turnover Inspections [24 CFR (c)] Annual Inspections [24 CFR (d)] Other Inspections [24 CFR (e)] Inspecting PHA owned Units [24 CFR (f)] PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS IV.A. Overview [24 CFR ] IV.B. Agreement to Enter into HAP Contract Content of the Agreement [24 CFR (c)] Execution of the Agreement [24 CFR , FR Notice 11/24/08] IV.C. Conduct of Development Work Labor Standards [24 CFR (b)] Equal Opportunity [24 CFR (c)] Owner Disclosure [24 CFR (d) and (e)] IV.D. Completion of Housing Evidence of Completion [24 CFR (b)] PHA Acceptance of Completed Units [24 CFR ] PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) V.A. Overview V.B. HAP Contract Requirements Contract Information [24 CFR , FR Notice 11/24/08] Execution of the HAP Contract [24 CFR ] Term of HAP Contract [FR Notice 11/24/08] Remedies for HQS Violations [24 CFR (b)] V.C. Amendments to the HAP Contract Substitution of Contract Units [24 CFR (a)] Addition of Contract Units [24 CFR (b)] V.D. HAP Contract Year, Anniversary and Expiration Dates [24 CFR (c) and (e)] V.E. Owner Responsibilities Under the HAP [24 CFR ] V.F. Additional HAP Requirements Housing Quality and Design Requirements [24 CFR (e) and (a)] Vacancy Payments [24 CFR (b)] PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS VI.A. Overview VI.B. Eligibility for PBV Assistance [24 CFR (a) and (b)] In Place Families [24 CFR (b)] VI.C. Organization of the Waiting List [24 CFR (c)] VI.D. Selection From the Waiting List [24 CFR (c)] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 18 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

20 Administrative Plan Table of Contents Income Targeting [24 CFR (c)(6)] Units with Accessibility Features [24 CFR (c)(7)] Preferences [24 CFR (d), FR Notice 11/24/08] VI.E. Offer of PBV Assistance Refusal of Offer [24 CFR (e)(3)] Disapproval by Landlord [24 CFR (e)(2)] Acceptance of Offer [24 CFR ] VI.F. Owner Selection of Tenants Leasing [24 CFR (a)] Filling Vacancies [24 CFR (a)] Reduction in HAP Contract Units Due to Vacancies [24 CFR (b)] VI.G. Tenant Screening [24 CFR ] PHA Responsibility Owner Responsibility PART VII: OCCUPANCY VII.A. Overview VII.B. Lease [24 CFR ] Form of Lease [24 CFR (b)] Lease Requirements [24 CFR (c)] Tenancy Addendum [24 CFR (d)] Initial Term and Lease Renewal [24 CFR (f) and (b)] Changes in the Lease [24 CFR (e)] Owner Termination of Tenancy [24 CFR ] Security Deposits [24 CFR ] VII.C. Moves Overcrowded, Under Occupied, and Accessible Units [24 CFR ] Family Right to Move [24 CFR ] VII.D. Exceptions to the Occupancy Cap [24 CFR , FR Notice 11/24/08] PART VIII: DETERMINING RENT TO OWNER VIII.A. Overview VIII.B. Rent Limits [24 CFR ] Certain Tax Credit Units [24 CFR (c), FR Notice 11/24/08] Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR (f)] Redetermination of Rent [24 CFR , FR Notice 11/24/08] PHA owned Units [24 CFR (g)] VIII.C. Reasonable Rent [24 CFR ] When Rent Reasonable Determinations are Required How to Determine Reasonable Rent PHA owned Units Owner Certification of Reasonable Rent VIII.D. Effect of Other Subsidy and Rent Control Other Subsidy [24 CFR ] Rent Control [24 CFR ] PART IX: PAYMENTS TO OWNER IX.A. Housing Assistance Payments [24 CFR ] IX.B. Vacancy Payments [24 CFR ] Boulder County Housing Authority Administrative Plan 2016 TOC, Page 19 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

21 Administrative Plan Table of Contents GLOSSARY 17 IX.C. Tenant Rent to Owner [24 CFR ] Tenant and PHA Responsibilities Utility Reimbursements IX.D. Other Fees and Charges [24 CFR ] Meals and Supportive Services Other Charges by Owner Boulder County Housing Authority Administrative Plan 2016 TOC, Page 20 of 20 Copyright 2011 Nan McKay & Associates - Unlimited copies may be made for internal use Adminplan 5/1/11

22 CHAPTER 1: OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION The PHA (Public Housing Agency) receives its funding for the Housing Choice Voucher (HCV) Program from the U.S. Department of Housing and Urban Development (HUD). The PHA is not a federal department or agency; it is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low income families. The PHA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The PHA 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 the PHA and its programs with emphasis on the HCV Program. It also contains information about the purpose, intent and use of the Administrative Plan. There are three parts to this Chapter: Part I: The PHA This part includes a description of the PHA, 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. PART I: THE PHA 1 I.A. OVERVIEW This part explains the origin of the PHA s creation and authorization, the general structure of the organization, and the relationship between the PHA Board and staff. 1 I.B. ORGANIZATION AND STRUCTURE OF THE PHA The Section 8 Tenant Based HCV Assistance Program is funded by the Federal Government and administered by the Boulder County Housing Authority (BCHA) for the jurisdiction of County of Boulder. The officials of a PHA are known as commissioners or, collectively, as the board of commissioners. Commissioners are appointed in accordance with state housing law and generally serve in the same capacity as the directors of a corporation, establishing policies under which the PHA conducts business, ensuring that policies are followed by PHA staff and ensuring that the PHA is successful in its mission. The board is responsible for preserving and expanding the agency s resources and assuring the agency s continued viability. Formal actions of the PHA are taken through written resolutions, adopted by the board of commissioners and entered into the official records of the PHA. The principal staff member of the PHA is the executive director, hired and appointed by the board of commissioners. The executive director is directly responsible for carrying out the policies established by the commissioners and is delegated the responsibility for hiring, training and supervising the remainder of the PHA s staff in order to manage the day to day operations of the PHA to ensure compliance with federal and state laws Boulder County Housing Authority Administrative Plan 2016 Chapter 1, Page 1 of 9

23 and directives for the programs managed. In addition, the executive director s duties include budgeting and financial planning for the agency. 1 I.C. PHA MISSION The purpose of a mission statement is to communicate the purpose of the agency to people inside and outside of the agency. It provides guiding direction for developing strategy, defining critical success factors, searching out key opportunities, making resource allocation choices, satisfying clients and stakeholders, and making decisions. BCHA s mission is to provide safe, decent and sanitary housing conditions for very low income families and to manage resources efficiently. BCHA will promote personal, economic and social upward mobility to provide families the opportunity to make the transition from subsidized to nonsubsidized housing. 1 I.D. THE PHA S PROGRAMS The following programs are included under this Administrative Plan: BCHA s Administrative Plan is applicable to the operation of the HCV program and addresses policies for the following special programs: Family Unification Program (FUP) HUD Veterans Affairs Supportive Housing (VASH) Project Based Vouchers (PBV) Non Elderly Disabled Vouchers (NED) Tenant Protection Vouchers (TPV) Shared Housing Manufactured Homes Homeownership Tenant Based Rental Assistance (TBRA) Family Self Sufficiency (FSS)* *FSS also has an Action Plan which addresses the operation and guidelines for the operation of the FSS program. 1 I.E. THE PHA S COMMITMENT TO ETHICS AND SERVICE As a public service agency, the PHA is committed to providing excellent service to HCV Program participants families and owners in the community. The PHA s standards include: 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 income families of all ethnic backgrounds to experience freedom of housing choice. Boulder County Housing Authority Administrative Plan 2016 Chapter 1, Page 2 of 9