A HOUSING CHOICE VOUCHER PROGRAM ADMINISTRATIVE PLAN Board Approved: May 20, 2010 Draft Revision October 2015 Page 1 of 401
Housing Authority of the City of Austin Introduction ABOUT THE REFERENCES CITED IN THE HCV ADMINISTRATIVE PLAN Table of Contents Introduction... 20 HUD... 212120 State Law... 21 Industry Practice... 21 Abbreviations... 22 Resources and Where to Find Them... 22 CHAPTER 1... 24 OVERVIEW OF THE PROGRAM AND PLAN INTRODUCTION... 24 1-I.A. OVERVIEW... 24 1-I.B. ORGANIZATION AND STRUCTURE OF HACA... 24 1-I.C. HACA s MISSION STATEMENT... 25 1-I.D. HACA S PROGRAMS... 25 1-I.E. HACA S COMMITMENT TO ETHICS AND SERVICE... 25 1-II.A. OVERVIEW AND HISTORY OF THE PROGRAM... 26 1-II.B. HCV PROGRAM BASICS... 27 1-II.C. THE HCV PARTNERSHIPS... 28 The HCV Relationships:... 29 What Does HUD Do?... 30 What Does HACA Do?... 30 What does the Owner do?... 30 What Does the Family Do?... 31 1-II.D. APPLICABLE REGULATIONS... 31 1-III.A. OVERVIEW AND PURPOSE OF THE ADMINISTRATIVE PLAN... 32 1-III.B. CONTENTS OF THE PLAN [24 CFR 982.54]... 32 Mandatory vs. Discretionary Policy... 33 1-III.C. ORGANIZATION OF THE PLAN... 34 1-III.D. UPDATING AND REVISING THE PLAN... 34 Draft Revision October 2015 Page 2 of 401
Housing Authority of the City of Austin CHAPTER 2... 34 FAIR HOUSING AND EQUAL OPPORTUNITY INTRODUCTION... 34 PART I: NONDISCRIMINATION... 35 2-I.A. OVERVIEW... 35 2-I.B. NONDISCRIMINATION... 36 Providing Information to Families and Owners... 37 Discrimination Complaints... 37 PART II: POLICIES RELATED TO PERSONS WITH DISABILITIES... 383837 2-II.A. OVERVIEW... 383837 2-II.B. DEFINITION OF REASONABLE ACCOMMODATION... 393938 Types of Reasonable Accommodations... 393938 2-II.C. REQUEST FOR AN ACCOMMODATION... 39 2-II.D. VERIFICATION OF DISABILITY... 404039 2-II.E. APPROVAL/DENIAL OF A REQUESTED ACCOMMODATION... 414140 2-II.F. PROGRAM ACCESSIBILITY FOR PERSONS WITH HEARING OR VISION IMPAIRMENTS... 41 2-II.G. PHYSICAL ACCESSIBILITY... 434342 2-II.H. DENIAL OR TERMINATION OF ASSISTANCE... 434342 PART III: IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY (LEP)... 444443 2-III.A. OVERVIEW... 444443 2-III.B. ORAL INTERPRETATION... 444443 2-III.C. WRITTEN TRANSLATION... 454544 2-III.D. IMPLEMENTATION PLAN... 454544 EXHIBIT 2-1: DEFINITION OF A PERSON WITH A DISABILITY UNDER FEDERAL CIVIL RIGHTS LAWS... 464645 CHAPTER 3... 474746 ELIGIBILITY INTRODUCTION... 474746 PART I: DEFINITIONS OF FAMILY AND HOUSEHOLD MEMBERS... 474746 3-I.A. OVERVIEW... 474746 3-I.B. FAMILY AND HOUSEHOLD [24 CFR 982.201(c); HUD-50058 IB, p. 13; FR Notice 02/03/12]... 484847 Family... 484847 Gender Identity... 484847 Draft Revision October 2015 Page 3 of 401
Housing Authority of the City of Austin Household... 505048 3-I.C. FAMILY BREAK-UP AND REMAINING MEMBER OF TENANT FAMILY... 505048 Family Break-up [24 CFR 982.315]... 505048 Remaining Member of a Tenant Family [24 CFR 5.403]... 515149 3-I.D. HEAD OF HOUSEHOLD [24 CFR 5.504(b)]... 515149 3-I.E. SPOUSE, CO-HEAD, AND OTHER ADULT... 515149 3-I.F. DEPENDENT [24 CFR 5.603]... 525250 Joint Custody of Dependents... 525250 3-I.G. FULL-TIME STUDENT [24 CFR 5.603; HCV GB, p. 5-29]... 525250 3-I.H. ELDERLY AND NEAR-ELDERLY PERSONS, AND ELDERLY FAMILY... 525250 3-I.I. PERSONS WITH DISABILITIES AND DISABLED FAMILY... 535351 Persons with Disabilities... 535351 Disabled Family... 535351 3-I.J. GUESTS [24 CFR 5.100]... 535351 3-I.K. FOSTER CHILDREN AND FOSTER ADULTS... 545452 3-I.L. ABSENT FAMILY MEMBERS... 545452 Definitions of Temporarily and Permanently Absent... 545452 Absent Students... 555553 Absences Due to Placement in Foster Care [24 CFR 5.403]... 555553 Absent Head, Spouse, or Co-head... 555553 Family Members Permanently Confined for Medical Reasons [HCV GB, p. 5-22]... 555553 Return of Permanently Absent Family Members... 565654 3-I.M. LIVE-IN AIDE... 565654 PART II: BASIC ELIGIBILITY CRITERIA... 575755 3-II.A. INCOME ELIGIBILITY AND TARGETING... 575755 Definitions of the Income Limits [24 CFR 5.603(b)]... 575755 Using Income Limits for Eligibility [24 CFR 982.201]... 575755 Using Income Limits for Targeting [24 CFR 982.201]... 585856 3-II.B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5, Subpart E]... 585856 Declaration [24 CFR 5.508]... 585856 U.S. Citizens and Nationals... 585856 Draft Revision October 2015 Page 4 of 401
Housing Authority of the City of Austin Eligible Noncitizens... 595957 Ineligible Noncitizens... 595957 Mixed Families... 595957 Ineligible Families [24 CFR 5.514(d), (e), and (f)]... 595957 Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]... 606058 3-II.C. SOCIAL SECURITY NUMBERS [24 CFR 5.216, 5.218, Notice PIH 2012-10]... 606058 3-II.D. FAMILY CONSENT TO RELEASE OF INFORMATION... 616159 3-II.E. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION... 616159 Dependent Child... 626260 Independent Student... 626260 Institution of Higher Education... 636361 Determining Student Eligibility... 636361 Determining Parental Income Eligibility... 646462 PART III: DENIAL OF ASSISTANCE... 656563 3-III.A. OVERVIEW... 656563 Forms of Denial... 656563 Prohibited Reasons for Denial of Program Assistance... 656563 3-III.B. MANDATORY DENIAL OF ASSISTANCE [24 CFR 982.553(a)]... 666664 3-III.C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE... 676765 Preliminary Eligibility Criteria... 676765 Criminal Activity [24 CFR 982.553]... 686866 Previous Behavior in Assisted Housing... 696967 3-III.D. SCREENING... 707068 Screening for Eligibility... 707068 Screening for Suitability as a Tenant [24 CFR 982.307]... 737370 3-III.E. CRITERIA FOR DECIDING TO DENY ASSISTANCE... 747471 Consideration of Circumstances... 747471 Removal of a Family Member's Name from the Application... 757572 Reasonable Accommodation... 757572 3-III.F. NOTICE OF ELIGIBILITY OR DENIAL... 757572 Additional policies relating to the informal reviews process... 777774 Draft Revision October 2015 Page 5 of 401
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... 777774 Notification... 777774 Victim Documentation... 787875 Perpetrator Documentation... 787875 EXHIBIT 3-1: DETAILED DEFINITIONS RELATED TO DISABILITIES... 797976 Individual with Handicaps... 808077 EXHIBIT 3-2: DEFINITION OF INSTITUTION OF HIGHER EDUCATION... 828279 CHAPTER 4... 878784 APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION... 878784 PART I: THE APPLICATION PROCESS... 888885 4-I.A. OVERVIEW... 888885 4-I.B. APPLYING FOR ASSISTANCE... 888885 Lottery Application Process... 888885 4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS... 898986 Elderly and Disabled Populations... 898986 Limited English Proficiency... 909087 4-I.D. PLACEMENT ON THE WAITING LIST... 909087 Ineligible for Placement on the Waiting List... 919188 Eligible for Placement on the Waiting List... 919188 PART II: MANAGING THE WAITING LIST... 919188 4-II.A. OVERVIEW... 919188 4-II.B. ORGANIZATION OF THE WAITING LIST... 929289 4-II.C. OPENING AND CLOSING THE WAITING LIST... 939390 4-II.D. FAMILY OUTREACH... 949491 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES... 959592 4-II.F. UPDATING THE WAITING LIST... 969693 Purging the Waiting List... 969693 Removal from the Waiting List... 979794 PART III: SELECTION FOR HCV ASSISTANCE... 979794 4-III.A. OVERVIEW... 979794 Draft Revision October 2015 Page 6 of 401
Housing Authority of the City of Austin 4-III.B. SELECTION AND HCV FUNDING SOURCES... 979794 Targeted Funding... 989895 4-III.C. SELECTION METHOD... 989895 Local Preferences... 989895 Income Targeting Requirement [24 CFR 982.201(b)(2)]...108108102 Order of Selection from the Tenant-Based Assistance Waiting List...109109103 4-III.D. NOTIFICATION OF SELECTION...109109103 4-III.E. THE APPLICATION INTERVIEW...110110104 4-III.F. COMPLETING THE APPLICATION PROCESS...111111105 CHAPTER 5...112112106 BRIEFINGS AND VOUCHER ISSUANCE...112112106 5-I.A. OVERVIEW...112112106 5-I.B. BRIEFING [24 CFR 982.301]...112112106 Oral Briefing [24 CFR 982.301(a)]...113113107 Briefing Packet [24 CFR 982.301(b)]... 110 Additional Items to be Included in the Briefing Packet... 111 5-I.C. FAMILY OBLIGATIONS... 112 Time Frames for Reporting Changes Required By Family Obligations... 112 Family Obligations [24 CFR 982.551]... 112 PART II: SUBSIDY STANDARDS AND VOUCHER ISSUANCE... 114 5-II.A. OVERVIEW... 114 5-II.B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402]... 115 5-II.C. EXCEPTIONS TO SUBSIDY STANDARDS... 116 5-II.D. VOUCHER ISSUANCE [24 CFR 982.302]... 117 5-II.E. VOUCHER TERM, EXTENSIONS, AND SUSPENSIONS... 118 Extensions of Voucher Term... 118 Suspensions of Voucher Term... 119 Expiration of Voucher Term... 120 CHAPTER 6... 120 INCOME AND SUBSIDY DETERMINATIONS... 120 PART I: ANNUAL INCOME... 121 Draft Revision October 2015 Page 7 of 401
Housing Authority of the City of Austin 6-I.A. OVERVIEW... 121 6-I.B. HOUSEHOLD COMPOSITION AND INCOME...123123122 Summary of Income Included and Excluded by Person...123123122 Temporarily Absent Family Members...123123122 Absent Students...124124123 Absences Due to Placement in Foster Care...124124123 Absent Head, Spouse, or Co-head...124124123 Family Members Permanently Confined for Medical Reasons...124124123 Joint Custody of Dependents...125125124 Caretakers for a Child...125125124 6-I.C. ANTICIPATING ANNUAL INCOME...126126125 Basis of Annual Income Projection...126126125 Known Changes in Income...127127126 Projecting Income...127127126 6-I.D. EARNED INCOME...127127126 Types of Earned Income Included in Annual Income...127127126 6-I.E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES...130130129 6-I.F. BUSINESS INCOME [24 CFR 5.609(b)(2)]...132132131 6-I.G. ASSETS [24 CFR 5.609(b)(3) and 24 CFR 5.603(b)]...134134133 Types of Assets...137137136 Checking and Savings Accounts...137137136 6-I.H. PERIODIC PAYMENTS...141141140 Periodic Payments Included in Annual Income...141141140 Treatment of Overpayment Deductions from Social Security Benefits...142142141 6-I.I. PAYMENTS IN LIEU OF EARNINGS...143143142 6-I.J. WELFARE ASSISTANCE...143143142 Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.615]...143143142 6-I.K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(b)(7)]...144144143 6-I.L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(b)(9) and FR 5/20/14]...145145144 6-I.M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME...146146145 PART II: ADJUSTED INCOME...149149148 Draft Revision October 2015 Page 8 of 401
Housing Authority of the City of Austin 6-II.A. INTRODUCTION...149149148 6-II.B. DEPENDENT DEDUCTION...150150149 6-II.C. ELDERLY OR DISABLED FAMILY DEDUCTION...150150149 6-II.D. MEDICAL EXPENSES DEDUCTION...150150149 Summary of Allowable Medical Expenses from IRS Publication 502...151151150 6-II.E. DISABILITY ASSISTANCE EXPENSES DEDUCTION...151151150 Eligible Auxiliary Apparatus...152152151 Eligible Attendant Care...152152151 6-II.F. CHILD CARE EXPENSE DEDUCTION...153153152 Clarifying the Meaning of Child for This Deduction...154154153 Qualifying for the Deduction...154154153 Earned Income Limit on Child Care Expense Deduction...155155154 Eligible Child Care Expenses...155155154 6-III.A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS...156156155 Minimum Rent...157157156 6-III.B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.630]...157157156 HUD-Defined Financial Hardship...157157156 Implementation of Hardship Exemption...158158157 Temporary Hardship...160160159 Long-Term Hardship...160160159 6-III.C. APPLYING PAYMENT STANDARDS [24 CFR 982.505]...160160159 Changes in Payment Standards...161161160 Decreases...161161160 Increases...162162161 Changes in Family Unit Size...162162161 Reasonable Accommodation...162162161 6-III.D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517]...162162161 Reasonable Accommodation...162162161 6-III.E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520]...164164162 EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS...165165163 EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS...168168166 Draft Revision October 2015 Page 9 of 401
Housing Authority of the City of Austin EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS...170170168 EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH DISABILITIES...171171169 EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION...173173171 CHAPTER 7... 175 VERIFICATION... 175 7-I.A. FAMILY CONSENT TO RELEASE OF INFORMATION... 175 Consent Forms... 175 7-I.B. OVERVIEW OF VERIFICATION REQUIREMENTS... 176 Requirements for Acceptable Documents... 176 File Documentation... 176 7-I.C. UP-FRONT INCOME VERIFICATION (UIV)... 177 EIV Income Reports... 177 EIV Identity Verification... 178 Upfront Income Verification Using Non-HUD Systems (Optional)... 178 7-I.D. THIRD-PARTY WRITTEN AND ORAL VERIFICATION... 179 Written Third-Party Verification [Notice PIH 2010-19]... 179 Checking and Savings Accounts... 179 Written Third-Party Verification Form... 179 Oral Third-Party Verification [Notice PIH 2010-19]... 180 When Third-Party Verification is Not Required [Notice PIH 2010-19]... 180 When Third-Party Information is Late... 181 7-I.E. SELF-CERTIFICATION... 181 7-II.A. VERIFICATION OF LEGAL IDENTITY... 182 7-II.B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, Notice PIH 2012-10]... 183 7-II.C. DOCUMENTATION OF AGE... 184 7-II.D. FAMILY RELATIONSHIPS... 185 Marriage... 185 Separation or Divorce... 185 Absence of Adult Member... 185 Foster Children and Foster Adults... 186 7-II.E. VERIFICATION OF STUDENT STATUS... 186 Draft Revision October 2015 Page 10 of 401
Housing Authority of the City of Austin 7-II.F. DOCUMENTATION OF DISABILITY... 187 Family Members Receiving SSA Disability Benefits... 188 7-II.G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508]... 188 U.S. Citizens and Nationals... 189 Eligible Immigrants... 189 7-II.H. VERIFICATION OF PREFERENCE STATUS... 189 Displaced Family Local Preference:... 190 Applicants eligible for the Family Unification Program (FUP)Vouchers:... 190 PART III: VERIFYING INCOME AND ASSETS... 191 7-III.A. EARNED INCOME... 192 7-III.B. BUSINESS AND SELF EMPLOYMENT INCOME... 192 7-III.C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS... 193 Social Security/SSI Benefits... 193 7-III.D. ALIMONY OR CHILD SUPPORT... 193 7-III.E. ASSETS AND INCOME FROM ASSETS... 194 7-III.F. NET INCOME FROM RENTAL PROPERTY... 194 7-III.G. RETIREMENT ACCOUNTS... 195 7-III.H. INCOME FROM EXCLUDED SOURCES... 195 7-III.I. ZERO NNUAL INCOME STATUS... 196 7-III.J. STUDENT FINANCIAL ASSISTANCE... 196 7-III.K. PARENTAL INCOME OF STUDENTS SUBJECT TO ELIGIBLITY RESTRICTIONS... 197 PART IV: VERIFYING MANDATORY DEDUCTIONS... 197 7-IV.A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS... 197 Dependent Deduction... 197 Elderly/Disabled Family Deduction... 197 7-IV.B. MEDICAL EXPENSE DEDUCTION... 198 7-IV.C. DISABILITY ASSISTANCE EXPENSES... 199 7-IV.D. CHILD CARE EXPENSES... 200 Allowable Type of Child Care... 202 Reasonableness of Expenses... 202 EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS FOR NONCITIZENS [HCV GB, pp. 5-9 and 5- Draft Revision October 2015 Page 11 of 401
Housing Authority of the City of Austin 10]... 203 CHAPTER 8... 204 HOUSING QUALITY STANDARDS AND RENT REASONABLENESS DETERMINATIONS... 204 8-I.A. GENERAL HUD REQUIREMENTS... 204 8-I.B. ADDITIONAL LOCAL REQUIREMENTS...207207206 8-I.C. LIFE THREATENING CONDITIONS [24 CFR 982.404(a)]...208208207 8-I.D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404]...209209208 8-I.E. SPECIAL REQUIREMENTS FOR CHILDREN...209209208 8-I.F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 982.403]...210210209 PART II: THE INSPECTION PROCESS...210210209 8-II.A. OVERVIEW [24 CFR 982.405] Types of Inspections...210210209 8-II.B. INITIAL HQS INSPECTION [24 CFR 982.401(a)]...212212210 8-II.C. ANNUAL HQS INSPECTIONS [24 CFR 982.405(a)]...213213211 8-II.D. SPECIAL INSPECTIONS [HCV GB, p. 10-30]...215215212 8-II.E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(b); HCV GB, p. 10-32]...215215212 8-II.F. INSPECTION RESULTS AND REINSPECTIONS FOR UNITS UNDER HAP CONTRACT...216216213 8-II.G. ENFORCING OWNER COMPLIANCE...217217214 8-II.H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(b)]...218218215 PART III: RENT REASONABLENESS [24 CFR 982.507]...218218215 8-III.A. OVERVIEW...218218215 8-III.B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED Owner-Initiated Rent Determinations...218218215 8-III.C. HOW COMPARABILITY IS ESTABLISHED...219219216 8-III.D. PHA RENT REASONABLENESS METHODOLOGY...221221217 EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS...223223219 EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS RELATED TO HOUSING QUALITY... 222 CHAPTER 9... 224 GENERAL LEASING POLICIES... 224 9-I.A. TENANT SCREENING... 224 9-I.B. REQUESTING TENANCY APPROVAL [Form HUD-52517]... 225 9-I.C. OWNER PARTICIPATION... 226 Draft Revision October 2015 Page 12 of 401
Housing Authority of the City of Austin 9-I.D. ELIGIBLE UNITS... 226 Ineligible Units [24 CFR 982.352(a)]... 227 PHA-Owned Units [24 CFR 982.352(b)]... 227 Special Housing Types [24 CFR 982 Subpart M]... 227 Duplicative Assistance [24 CFR 982.352(c)]... 227 Housing Quality Standards (HQS) [24 CFR 982.305 and 24 CFR 982.401]... 228 Unit Size... 228 Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.507]... 228 Rent Burden [24 CFR 982.508]... 228 9-I.E. LEASE AND TENANCY ADDENDUM... 228 Lease Form and Tenancy Addendum... 229 Lease Information [24 CFR 982.308(d)]... 229 Security Deposit [24 CFR 982.313 (a) and (b)]... 230 Separate Non-Lease Agreements between Owner and Tenant... 230 PHA Review of Lease... 231 9-I.F. TENANCY APPROVAL [24 CFR 982.305]... 231 9-I.G. HAP CONTRACT EXECUTION [24 CFR 982.305]... 232 9-I.H. CHANGES IN LEASE OR RENT [24 CFR 982.308]... 233 CHAPTER 10... 234 MOVING WITH CONTINUED ASSISTANCE AND PORTABILITY INTRODUCTION... 234 10-I.A. ALLOWABLE MOVES... 234 10-I.B. RESTRICTIONS ON MOVES... 235 Restrictions on Elective Moves [24 CFR 982.314(c)]... 236 10-I.C. MOVING PROCESS... 237 Reexamination of Family Income and Composition... 238 Voucher Issuance and Briefing... 238 Housing Assistance Payments [24 CFR 982.311(d)]... 238 PART II: PORTABILITY... 239 10-II.A. OVERVIEW... 239 10-II.B. INITIAL PHA ROLE... 239 10-II.C. RECEIVING PHA ROLE... 244 Draft Revision October 2015 Page 13 of 401
Housing Authority of the City of Austin CHAPTER 11... 251 REEXAMINATIONS INTRODUCTION... 251 11-I.A. OVERVIEW... 251 11-I.B. SCHEDULING ANNUAL REEXAMINATIONS... 251 Notification of and Participation in the Annual Reexamination Process... 252 11-I.C. CONDUCTING ANNUAL REEXAMINATIONS...253253252 EIV and Fraud...255255253 11-I.D. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS [24 CFR 982.552(b)(5)]...256256254 11-I.E. EFFECTIVE DATES...256256254 PART II: INTERIM REEXAMINATIONS [24 CFR 982.516]...257257255 11-II.A. OVERVIEW...257257255 11-II.B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION...258258256 New Family Members Not Requiring Approval...258258256 New Family and Household Members Requiring Approval...258258256 Departure of a Family or Household Member...260260258 Family absent from the Unit...260260258 Children Absent from the Unit...261261259 Adult Dependents Absent from the unit...261261259 Joint Custody...261261259 Visitors...261261259 Family Break-Up...261261259 11-II.C. CHANGES AFFECTING INCOME OR EXPENSES... 260 PHA-Initiated Interim Reexaminations... 260 Family-Initiated Interim Reexaminations... 261 Reporting Requirements for Changes in income and family composition... 261 11-II.D. PROCESSING THE INTERIM REEXAMINATION... 262 Effective Dates... 262 If the family share of the rent is to increase:... 262 If the family share of the rent is to decrease:...264264263 PART III: RECALCULATING FAMILY SHARE AND SUBSIDY AMOUNT...264264263 11-III.A. OVERVIEW...264264263 Draft Revision October 2015 Page 14 of 401
Housing Authority of the City of Austin 11-III.B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES...264264263 Payment Standards [24 CFR 982.505]...264264263 Subsidy Standards [24 CFR 982.505(c)(4)]...265265264 Utility Allowances [24 CFR 982.517(d)]...265265264 11-III.C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT...265265264 11-III.D. DISCREPANCIES...266266265 CHAPTER 12...267267266 TERMINATION OF ASSISTANCE AND TENANCY...267267266 PART I: GROUNDS FOR TERMINATION OF ASSISTANCE...267267266 12-I.A. OVERVIEW...267267266 12-I.B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]...267267266 12-I.C. FAMILY CHOOSES TO TERMINATE ASSISTANCE...267267266 12-I.D. MANDATORY TERMINATION OF ASSISTANCE...268268267 Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)]...268268267 Failure to Provide Consent [24 CFR 982.552(b)(3)]...268268267 Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)]...268268267 Lifetime Registered Sex Offenders [Notice PIH 2012-28]...269269268 12-I.E. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS...270270269 12-II.B. METHOD OF TERMINATION [24 CFR 982.552(a)(3)]... 273 12-II.C. ALTERNATIVES TO TERMINATION OF ASSISTANCE... 273 12-II.D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE... 274 12-II.E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING... 275 VAWA Protections against Termination... 275 Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)]... 276 12-II.F. TERMINATION NOTICE [HCV GB, p. 15-7]... 278 PART III: TERMINATION OF TENANCY BY THE OWNER... 279 12-III.A. OVERVIEW... 279 12-III.B. GROUNDS FOR OWNER TERMINATION OF TENANCY... 279 12-III.C. EVICTION... 281 12-III.D. DECIDING WHETHER TO TERMINATE TENANCY... 282 Draft Revision October 2015 Page 15 of 401
Housing Authority of the City of Austin 12-III.E. EFFECT OF TENANCY TERMINATION ON THE FAMILY S ASSISTANCE... 282 EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS... 283 CHAPTER 13... 286 OWNERS INTRODUCTION... 286 13-I.A. OWNER RECRUITMENT AND RETENTION [HCV GB, pp. 2-4 to 2-6]... 286 13-I.B. BASIC HCV PROGRAM REQUIREMENTS... 287 13-I.C. OWNER RESPONSIBILITIES [24 CFR 982.452]... 289 13-I.D. OWNER QUALIFICATIONS... 289 Owners Barred from Participation [24 CFR 982.306(a) and (b)]... 289 Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2]... 290 Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19]... 290 Owner Actions That May Result in Disapproval of a Tenancy Request... 291 Legal Ownership of Unit... 292 13-I.E. NON-DISCRIMINATION [HAP Contract Form HUD-52641]... 292 PART II. HAP CONTRACTS... 293 13-II.A. OVERVIEW... 293 13-II.B. HAP CONTRACT CONTENTS... 293 13-II.C. HAP CONTRACT PAYMENTS... 294 Owner Certification of Compliance... 295 Late HAP Payments [24 CFR 982.451(a)(5)]... 295 Termination of HAP Payments [24 CFR 982.311(b)]... 296 13-II.D. BREACH OF HAP CONTRACT [24 CFR 982.453]... 296 13-II.E. HAP CONTRACT TERM AND TERMINATIONS... 297 13-II.F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD-... 298 52641]... 298 13-II.G. FORECLOSURE [HUD-52641 and Notice PIH 2010-49]... 299 CHAPTER 14... 301 PROGRAM INTEGRITY INTRODUCTION... 301 14-I.A. PREVENTING ERRORS AND PROGRAM ABUSE... 301 14-I.B. DETECTING ERRORS AND PROGRAM ABUSE... 302 14-I.C. INVESTIGATING ERRORS AND PROGRAM ABUSE... 303 Draft Revision October 2015 Page 16 of 401
Housing Authority of the City of Austin 14-II.A. SUBSIDY UNDER- OR OVERPAYMENTS... 304 14-II.B. FAMILY-CAUSED ERRORS AND PROGRAM ABUSE... 305 Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13]... 305 PHA Reimbursement to Family [HCV GB p. 22-12]... 305 14-II.C. OWNER-CAUSED ERROR OR PROGRAM ABUSE... 307 Owner Reimbursement to HACA... 307 14-II.D. PHA-CAUSED ERRORS OR PROGRAM ABUSE... 308 14-II.E. CRIMINAL PROSECUTION... 309 14-II.F. FRAUD AND PROGRAM ABUSE RECOVERIES... 309 CHAPTER 15... 310 SPECIAL HOUSING TYPES... 310 15-I.A. OVERVIEW... 310 15-I.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION... 311 15-I.C. HOUSING QUALITY STANDARDS (HQS)... 311 PART II: CONGREGATE HOUSING... 312 15-II.A. OVERVIEW... 312 15-II.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION... 312 15-II.C. HOUSING QUALITY STANDARDS... 312 PART III: GROUP HOME... 313 15-III.A. OVERVIEW... 313 15-III.B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION... 313 15-III.C. HOUSING QUALITY STANDARDS... 314 15-IV.A. OVERVIEW... 315 PART IV: SHARED HOUSING... 315 15-IV.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION... 315 15-IV.C. HOUSING QUALITY STANDARDS... 315 15-V.A. OVERVIEW... 316 PART V: COOPERATIVE HOUSING... 316 15-V.B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION... 316 15-V.C. HOUSING QUALITY STANDARDS... 316 15-VI.A. OVERVIEW... 316 Draft Revision October 2015 Page 17 of 401
Housing Authority of the City of Austin PART VI: MANUFACTURED HOMES... 316 15-VI.B. SPECIAL POLICIES FOR MANUFACTURED HOME OWNERS WHO LEASE A SPACE... 317 15-VI.C. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION... 317 PART VII: HOMEOWNERSHIP... 318 CHAPTER 16... 319 PROGRAM ADMINISTRATION INTRODUCTION... 319 16-II.B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, Chapter 7]... 321 Updating Payment Standards... 321 Exception Payment Standards [982.503(c)]... 321 Unit-by-Unit Exceptions... 322 16-II.C. UTILITY ALLOWANCES [24 CFR 982.517]... 323 Air Conditioning... 323 Reasonable Accommodation... 323 PART III: INFORMAL REVIEWS AND HEARINGS... 324 16-III.B. INFORMAL REVIEWS... 324 Scheduling an Informal Review... 325 Informal Review Procedures [24 CFR 982.554(b)]... 325 16-III.C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.555]... 326 Informal Hearing Procedures... 328 Scheduling an Informal Hearing [24 CFR 982.555(d)]... 328 Failure to Appear... 329 Pre-Hearing Right to Discovery [24 CFR 982.555(e)]... 329 Participant s Right to Bring Counsel [24 CFR 982.555(e)(3)]... 330 Informal Hearing Officer [24 CFR 982.555(e)(4)]... 330 Attendance at the Informal Hearing... 330 Conduct at Hearings... 330 Evidence [24 CFR 982.555(e)(5)]... 331 Hearing Officer s Decision [24 CFR 982.555(e)(6)]... 331 Procedures for Rehearing or Further Hearing... 333 16-III.D. HEARING AND APPEAL PROVISIONS FOR NON-CITIZENS [24 CFR 5.514]... 333 PART IV: OWNER OR FAMILY DEBTS TO HACA... 336 Draft Revision October 2015 Page 18 of 401
Housing Authority of the City of Austin 16-IV.A. OVERVIEW... 336 16-IV.B. REPAYMENT POLICY... 337 PART V: SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)... 339 16-V.A. OVERVIEW... 339 16-V.B. SEMAP CERTIFICATION [24 CFR 985.101]... 339 16-V.C. SEMAP INDICATORS [24 CFR 985.3 and form HUD-52648]... 340 Indicator 1: Selection from the waiting list... 340 Indicator 2: Rent reasonableness... 340 Indicator 3: Determination of adjusted income... 340 Indicator 4: Utility allowance schedule... 340 Indicator 5: HQS quality control inspections... 341 Indicator 6: HQS enforcement... 341 Indicator 7: Expanding housing opportunities... 341 Indicator 8: FMR limit and payment standards... 341 Indicator 9: Annual reexaminations... 341 Indicator 10: Correct tenant rent calculations... 342 Indicator 11: Pre-contract HQS inspections... 342 Indicator 12: Annual HQS inspections... 342 Indicator 13: Lease-up... 342 Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances... 342 De-concentration Bonus Indicator... 343 PART VI: RECORD KEEPING... 343 16-VI.A. OVERVIEW... 343 16-VI.B. RECORD RETENTION [24 CFR 982.158]... 343 16-VI.C. RECORDS MANAGEMENT... 344 Privacy Act Requirements [24 CFR 5.212 and Form-9886]... 344 Upfront Income Verification (UIV) Records... 344 Criminal Records... 345 Medical/Disability Records... 346 PART VII: REPORTING AND RECORD KEEPING FOR CHILDREN WITH ENVIRONMENTAL INTERVENTION BLOOD LEAD LEVEL... 346 Draft Revision October 2015 Page 19 of 401
Housing Authority of the City of Austin 16-VII.A. OVERVIEW... 346 16-VII.B. REPORTING REQUIREMENT [24 CFR 35.1225(e)]... 346 16-VII.C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(f)]... 347 16-VIII.A. OVERVIEW... 347 16-VIII.B. METHODOLOGY... 347 PART IX: VIOLENCE AGAINST WOMEN ACT (VAWA): NOTIFICATION, DOCUMENTATION, CONFIDENTIALITY... 348 16-IX.A. OVERVIEW... 348 16-IX.B. DEFINITIONS [24 CFR 5.2003]... 348 16-IX.C. NOTIFICATION [24 CFR 5.2005(a)]... 349 16-IX.D. DOCUMENTATION [24 CFR 5.2007]... 350 16-IX.E. CONFIDENTIALITY [24 CFR 5.2007(b)(4)]... 352 EXHIBIT 16-1: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER APPLICANTS AND TENANTS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA)... 353 EXHIBIT 16-2: SAMPLE NOTICE TO HOUSING CHOICE VOUCHER OWNERS AND MANAGERS REGARDING THE VIOLENCE AGAINST WOMEN ACT (VAWA)... 356 CHAPTER 17... 359 PROJECT-BASED VOUCHERS PART I: GENERAL REQUIREMENTS... 359 GLOSSARY...413413360 A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM...413413360 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
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
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 (7420.10G), April 2001. HUD-50058 IB HUD-50058 Instruction Booklet RHIIP FAQs Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. VG PIH Notice 2004-01 Verification Guidance, March 9, 2004. HB 4350.3 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 http://www.gpoaccess.gov/cfr/index.html Earned Income Disregard FAQ www.hud.gov/offices/pih/phr/about/ao_faq_eid.cfm Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of 1937; Final Rule http://edocket.access.gpo.gov/2008/pdf/e8-19435.pdf Enterprise Income Verification (EIV) System, Security Procedures for Upfront Income Verification data http://www.hud.gov/offices/pih/programs/ph/rhiip/docs/eivsecguidepha.pdf Executive Order 11063 http://www.hud.gov/offices/fheo/fhlaws/exo11063.cfm Federal Register http://www.access.gpo.gov/su_docs/aces/fr-cont.html General Income and Rent Determination FAQs www.hud.gov/offices/pih/programs/ph/rhiip/faq_gird.cfm Guidebook (7420.10G), April 2001 www.hud.gov/offices/pih/programs/hcv/forms/guidebook.cfm HUD-50058 Instruction Booklet http://portal.hud.gov/hudportal/documents/huddoc?id=50058i.pdf Joint Statement of the Department of Housing and Urban Development and the Department of Draft Revision October 2015 Page 22 of 401
Housing Authority of the City of Austin Justice, issued May 17, 2004 http://www.hud.gov/offices/fheo/library/huddojstatement.pdf Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, published January 22, 2007 http://www.hud.gov/offices/fheo/promotingfh/federalregistepublishedguidance.pdf Notice PIH 2012-10, 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 http://portal.hud.gov/huddoc/pih2012-10.pdf Notice PIH 2010-19, Administrative Guidance for Effective and Mandated Use of the Enterprise Income Verification (EIV) System http://www.hud.gov/offices/pih/publications/notices/10/pih2010-19.pdf Notice PIH 2010-26 (HA), Nondiscrimination and Accessibility Notice http://www.hud.gov/offices/pih/publications/notices/10/pih2010-26.pdf OMB Circular A-133 http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2010 Project-Based Voucher Program; Final Rule http://www.gpo.gov/fdsys/pkg/fr-2005-10-13/pdf/05-20035.pdf Rental Housing Integrity Improvement Program (RHIIP) Frequently Asked Questions. www.hud.gov/offices/pih/programs/ph/rhiip/faq.cfm VAWA Final Rule http://www.gpo.gov/fdsys/pkg/fr-2010-10-27/pdf/2010-26914.pdf Verification FAQ www.hud.gov/offices/pih/programs/ph/rhiip/faq_verif.cfm Verification Guidance, March 2004 (attachment to Notice PIH 2004-1) http://www.hud.gov/offices/pih/publications/notices/04/verifguidance.pdf The HUD Web site is http://portal.hud.gov/hudportal/hud. Guidebooks, handbooks and other HUD resources may be found at the HUDClips Web site: http://portal.hud.gov/hudportal/hud?src=/program_offices/administration/hudclips. Draft Revision October 2015 Page 23 of 401
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
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
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
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 1999. 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
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
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
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
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