July 9, 2015
Housekeeping Welcome and introductions HACSC Overview Overview of the PBV program Fair Market Rents (FMRs) Recent program changes HACSC subsidy standards Rent adjustments Changes to Housing Assistance Payment (HAP) Contract Road to housing lease-up Fair housing, reasonable accommodation/modification
Restrooms Turn cell phones off or to vibrate. If you must take urgent calls on the cell phone, take your conversation outside. Do not interrupt one another. Limit side conversations. Participate and ask questions. Inform staff if you require a reasonable accommodation or translation support.
Housekeeping Welcome and introductions HACSC Overview Overview of the PBV program Fair Market Rents (FMRs) Recent program changes HACSC subsidy standards Rent adjustments Changes to Housing Assistance Payment (HAP) Contract Road to housing lease-up Fair housing, reasonable accommodation/modification
HACSC s mission is to provide and inspire affordable housing solutions to enable low-income people in Santa Clara County to achieve financial stability and self-reliance. 7
HACSC s goals are to: 1) Optimize Moving to Work (MTW) flexibility; 2) Maintain a leadership role in improving existing housing and expanding the availability of new affordable housing to meet community needs, both directly and through mutually beneficial partnerships; 3) Maintain a leadership role in using Housing Choice Vouchers (HCV) to optimize affordable housing options; 4) Promote clients financial stability and self reliance, as appropriate to their specific needs; 5) Operate in an innovative, financially responsible manner; and 6) Provide leadership for, collaboration with, and sharing information related to HACSC s mission with community organizations, public agencies, and the public. 8
Funding from the U.S. Department of Housing and Urban Development (HUD) Local oversight provided by Board of Commissioners and HACSC Executive team Housing Department Managers and Supervisors o Specialists Participants in special programs Participants assigned by alphabet
Dora Foppiano, Housing Programs Supervisor 408-993-3065, dora.foppiano@hacsc.org Advocates for Section 8 property owners when problems arise that are not resolved by the assigned Housing Specialist or Supervisor. Researches and ensures that every owner s concerns are satisfactorily addressed. As always, property owners and landlords are encouraged to call their assigned Housing Specialist with routine questions and concerns.
PBV is one of HACSC s Voucher programs. Assistance is tied to the unit/remains with the unit. No shared housing is allowed. Rent adjustments are processed for all units at the same time at the annual anniversary date of the HAP contract. The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the preceding contract year.
Contract rents carry forward with each successive tenant. Contract rents, except for certain tax credit units, cannot not exceed the lowest of: (1) 110% of the applicable fair market rent (or any exception payment standard approved by HUD) for the unit bedroom size minus any utility allowance; (2) The reasonable rent; or (3) The rent requested by the owner.
Santa Clara County FMRs Effective October 1, 2014 BR Size FMR Studio $1,213 1-BD $1,419 2-BD $1,809 3-BD $2,551 4-BD $2,892 5-BD $3,325 6-BD $3,759 7-BD $4,193 8-BD $4,627 SRO $909 Mobile Home $723
MTW Activity #2009-8: 30-Day Referral Process for PBV Vacancies Allows owners to directly refer applicants after 30 days of unsuccessful attempts to fill the Project-Based Voucher (PBV) unit using referrals from the HACSC waiting list. MTW Activity #2009-9: Utilization of LIHTC Tenant Income Certification (TIC) for Income and Asset Verification HACSC can use the owner-provided Tenant Income Certification (TIC) form required under the Low Income Housing Tax Credit (LIHTC) Program as its sole method for verification of the family s income and assets. MTW Activity #2009-11: Project- Base 100% of Units in Family Projects Allows HACSC to project-base more than 25% of the units in an existing building in multi-family complexes without requiring participation in supportive services.
MTW Activity #2012-2: Minimum Two- Year Occupancy in PBV Unit Requires project-based participants to remain in the PBV program for a minimum of two years prior to becoming eligible to request a tenant-based voucher to move with continued assistance MTW Activity #2015-2: PBV Inspection Self- Certification Allows owners to self-certify corrections of deficiencies noted during regularly scheduled inspections (Applies only to non-life threatening deficiencies). MTW Activity #2015-3: Modified Elderly Definition for PBV Modifies the Elderly Definition for Project Based Voucher (PBV) program, from age 62 or older to age 55 or older.
Newly Implemented Policies Regarding PBV-HAP Contracts: Policy: The HA will remove families whose income increased during their tenancy that resulted in zero HAP payment from the PBV program 180 days following the last HAP payment. Policy: If the project is 100% project based, the HA will reinstate the removed unit upon owner request once the unit is vacant. If the project is partially assisted, the HA will substitute a different vacant unit of the same bedroom size for the removed unit upon the owner s request and within a 90 day time period. Policy: If a PBV contract unit remains vacant or occupied by an HA unauthorized resident for 4 months or longer, the HA may remove that unit from the contract, thereby reducing the total number of units under contract.
Newly Implemented Policies Regarding the PBV Waiting List: Policy: The HA will make one attempt to notify applicants of an offer of a Project Based Voucher or Moderate Rehabilitation unit availability. If the applicant does not respond, or declines the offer, they will be withdrawn from the Project Based Voucher or Moderate Rehabilitation waiting list and notified in writing of the withdrawal. Policy: The HA will not remove the applicant from the Housing Choice Voucher waiting list if they are withdrawn from the Project Based Voucher or Moderate Rehabilitation waiting lists. Policy: If an applicant is withdrawn from the Housing Choice Voucher waiting list, the applicant will also be removed from the Project Based Voucher and Moderate Rehabilitation waiting lists, if applicable.
Subsidy standards prevail over other occupancy standards. Subsidy standards are intended To maximize the Housing Authority s use of vouchers; and To provide guidance in determining the number of bedrooms needed to house assisted families without overcrowding. Subsidy standards are not intended to assign bedrooms or otherwise establish where any family member should sleep within the home.
The HA provides one room for the Head of Household (with Spouse, Co-Head, Registered Domestic Partner or Boyfriend/Girlfriend of the Head of Household if any) and one additional room for every two persons regardless of age or gender. A live-in aide will be provided a separate bedroom from other household members. The family of a live-in aide will not be provided any additional bedrooms.
Single person families shall be allocated one bedroom. A pregnant woman who is the sole family member must be treated as a two-person family and will qualify for a twobedroom subsidy. Space will be provided for a child who is absent from the home less than 90 consecutive days because of placement in foster care. Space may be provided for a student who is away at school but who lives with the family during school recesses.
Space may be provided for a family member who will be absent from the unit due to active military service. Space may be provided for a foster child five years or older who cannot share a room with a child of the opposite sex or for a foster child two years or older who cannot share a room with an adult when there is no other room available to meet the legal requirements.
Owner must request any changes to the HAP Contract in writing, limited to: Extension of the HAP contract term (renewal) Unit substitution Changes in utilities Change in ownership For questions or information relating to HAP Contract, please email Amanda Gallo amanda.gallo@hacsc.org
Referral form
Referral form
Federal laws prohibit discrimination and harassment in housing on the basis of: 1. Race 2. Color 3. National Origin (includes language use restriction) 4. Religion (all religions, or no religion) 5. Sex (gender) 6. Sexual orientation or gender identity 7. Familial Status 38
8. Persons with a disability: Physical or mental impairment limiting one or more major life functions For example: walking, breathing, seeing, speaking A person who has a history of the impairment or can be viewed by others as having an impairment. Additionally, there are State protected classes: 9. Age 10. Ancestry 11. Marital Status 12. Source of Income 13. Medical Condition (Cancer/genetic characteristics) 39
It is against the law to: 1. Refuse to rent, lease, or sell housing 2. Advertise housing only to preferred groups of people 3. Impose different terms and conditions 4. Fail to provide reasonable accommodation 5. Refuse to permit reasonable modification 6. Retaliation 7. Suggest someone move somewhere else Failure to comply may result in financial penalties, including payment of actual damages and civil penalties of up to $50,000 40
A reasonable accommodation is a change, exception or adjustment to a rule, policy, practice, or service. Examples: 1. Assigned parking space 2. Service animals 3. Moving tenant to accessible unit 42
A reasonable modification is a structural change made to existing premises, occupied or to be occupied by a person with a disability. Examples: 1. Lowering kitchen counters* 2. Adding a ramp to make entrance accessible* 3. Flashing smoke detector *Tenants are responsible to pay for the modification. 43
If you have any Fair Housing questions, please contact: Tui Varela Housing Authority of the County of Santa Clara 505 West Julian Street San Jose, CA 95110 Office: 408-275-8770 44
Other handouts in packet HACSC website navigation Upcoming Project Based Voucher RFQ HUD VASH (Veterans Affairs Supportive Housing)
If you have any questions, please contact: Housing Authority of the County of Santa Clara 505 West Julian Street San Jose, CA 95110 408-275-8770 TDD: 408-993-3041 www.hacsc.org 48